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Home My WebLink AboutJanuary 13, 1997 RegularCITY OF COLUMBIA HEIGHTS 590 40TH AVENUe N.E., COLUMBIA HEIghTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION Joseph Sturdevant DottaM ~. Meg Jones Gat3, L. Peterson Robert W. Ruettbnann [Valter R. Fehst JANUARY 9, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, January 13, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. liThe City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Move to adopt the consent agenda items as listed below: 1) Adopt Minutes of the December 23, 1996 Regular City Council Meeting. MOTION: Move to adopt the minutes of the Regular City Council meeting of December 23, 1996 2) Final Payment - Misc. Sewer Repairs, Project #9626 MOTION: Move to accept the work for miscellaneous sanitary sewer repairs, Municipal P¢oject #9626 and authorize final payment of $23,066.00 to F.M. Frattalone Excavating and Grading Inc. of St. Paul, Mn. 3) CUP - Linder Greenhouses, Inc. MOTION: Move to approve the conditional use permit for the operation of a temporary greenhouse/retail sales in the easterly portion of the parking lot at 4300 Central Avenue from April 15, 1997 through July 6, 1997 provided a deposit of $500 is submitted to the License/Permit Clerk prior to the intallation of the structures on the site. CITY COUNCIL AGENDA JANUARY 13, 1997 MEETING PAGE 2 4) Appeal - G. Peht, 608 40th Avenue MOTION: Move to approve the appeal as both uses are permitted by a conditional use permit in this "LB" Zoning District and for the reason it will allow the continued use of a viable structure in a commercial district. The appeal approval is subject to the following conditions: a. If the building is ever again vacant for six (6) months or longer, the non- conforming section of the Zoning Ordinance 9.104(3)(0 will be in effect. b. An egress window MUST be installed with appropriate permits obtained prior to any occupancy. c. A one hour fire resistant separation be constructed between the residence and business or a sprinkler system be installed. d. All applicable conditional use permits be approved prior to occupancy. 5) Two Conditional Use Permits - Gerald Pehl, 608 40th Avenue Northeast MOTION: Move to approve the request for two conditional use permits to operate a sound/music studio and single family residence as a secondary use to the business at 608 N.E. 40th Avenue based on the following requirements: a. An egress window MUSt be installed with appropriate permits obtained, prior to any occupancy. b. A one hour fire resistent separation be constructed between the residence and business OR a sprinkler system be installed. 6) Establish Public Hearing Date - Federal Block Grant Money, Police Dept. MOTION: Move to establish January 27, 1997, at approximately 7:00 p.m. as the date and time for the public hearing in regard to the use of funds form federal block grant 96-LN-VX-2491 for the purchase of equipment for the Columbia Heights Police Department. 7) School Liaison Officer Contract MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of September 1, 1996 through June 5, 1997. 8) Seek Bids - Public Works Dept. Copier MOTION: Move to authorize staff to seek bids for the purchase of a copier. 9) Seek Bids - 1997-1998 Tree Replanting Program MOTION: Move to authorize staff to seek bids for the replanting program. 1997-1998 fall tree 10) Seek Bids - Road Materials MOTION: Move to authorize staff to seek bids for the purchase of road materials. CITY COUNCIL AGENDA JANUARY 13, 1997 MEETING PAGE 3 11) Seek Bids - Belly Plow MOTION: Move to authorize staff to seek quotations for a belly plow for Truck #99. 12) Resolution No. 97-01 - 1997-98 IUOE Labor Agreement MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-01 being a resolution regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 1997 - December 31, 1998. 13) Contract Renewal - Siren Receiver/Decoders MOTION: Move to authorize the Mayor and City Manager to approve the maintenance agreement (option 1 )for siren receiver/decoders between Embedded Systems, Inc. of Andover, Minnesota and the City of Columbia Heights. 14) Close Hearing Re: License Revocation - Lowenthal, 1407-09 Circle Terrace MOTION: Move to close public hearing regarding the revocation or suspension of the rental license held by Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace NE in that the property owner has complied with provisions of the Housing Maintenance Code. 15) Parking Restriction - Fifth Street MOTION: Move to designate the west side of 5th Street as "No Parking" at the driveway for 455 37th Avenue from 40' south of the driveway to 38th Avenue, based on the recommendation of the Traffic Commission. 16) Second Reading - Ordinance No. 1337 - Graffiti MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1337 being an ordinance regulating the removal of graffiti. 17) Resolution No. 97-02 Special Assessment Deferral MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-02 establishing a new maximum income of $16,600 for senior or retired and disabled persons to be eligible for special assessment deferral. 18) AMM 1997 Membership Dues MOTION: Move to approve the 1997 dues for the Association of Metropolitan Municipalities in the amount of $5,008 with funds to come from 101-41110-4330. CITY COUNCIL AGENDA JANUARY 13, 1997 AGENDA PAGE 4 19) Approve Payment of Bills MOTION: Move to approve payment of the bills as listed out of proper funds. 20) Approve License Applications MOTION: Move to approve the 1997 licenses as listed and to approve the rental housing licenses as submitted in the January 13, 1997 memorandum from Lowell DeMars. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution No. 97-03- Appointing EDA Commissioner MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt resolution No. 97-03 being a resolution approving the appointment of Commissioner Joseph Sturdevant to the Columbia Heights Economic Development Authority. 2) Resolution No. 97-04 - License Revocation - Job, 4017 Sixth Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-04 being a resolution approving revocation of a residential rental license held by Francis Job for real property located at 4017 Sixth Street Northeast, Columbia Heights, Minnesota. B. Bid Considerations C. Other Business 1) Implement Penalties on U.S. West for Cable Franchise Violations MOTION: Move to find U.S. West in violation of the cable franchise as of November 15, 1996, for failure to receive consent of the City of Columbia Heights to the transfer of ownership, and to implement penalties under Section 11.113(5) of the franchise of $50 per day for failure to comply with the franchise. CITY COUNCIL AGENDA JANUARY 13, 1997 MEETING PAGE 5 2) Establish Hearing Date - License Rev/Susp for Lynde Investment Co. Properties MOTION: Move to establish a hearing date of January 27, 1997 for revocation or suspension of a license to operate rental properties within the City of Columbia Heights against Lynde Investment Company regarding rental properties at the addresses listed. 3) Anoka County JPA Funds for Multi-Units MOTION: Move to authorize Mayor and City Manager to enter into the 1996 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Multi-Family Recycling Program and to make funds of up to $17,322.00 available as reimbursement for eligible expenses. 4) Donation Received by Police Department MOTION: Move to accept the donation of $15.00 from Mr. James Swartz, 945 42 1/2 Avenue to the Columbia Heights Police Department. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of December 19, 1996 Park & Recreation Commission Meeting Minutes of December 3, 1996 Library Board Meeting Minutes of January 6, 1997 Traffic Commission Meeting B. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager "CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782 Joseph Sturdevant *ASST. TO THE CITY MGR. LINDA MAGEE ADMINISTRATtON JANUARY 9, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 =M on Monday, January 13, 1997 in the City Council Chambers, City Hall, 590 40th ' ' f its members ma" make additions and deletions to (The Council, upon majority vote o , y the agenda. These may be items brought to the attention of the Council under the xCit~~m, or items submitted after the agenda preparation deadline.) --.---.~ (These items are considered to be routine by ~eO~i~'y Counc,I an/~ will be enacted part of the Consent Agenda by one motion, items removed from consent agenda '"'~ approval will be taken up as next order of business.) .j .'~MMove to adopt the consent agenda items as listed below: /0c ~.4' % 1) Adopt Minutes of the December 23, 1996 Regular City Council Meeting. · ~//' MOTION: Move to adopt the minutes of the Regular City Council meeting of ¢ ,/A),/¢¢ December 23, 1996 u~.~ ~-'~Final Payment - Misc. Sewer Repairs, Project #9626 'r kff~-'OTION: Move to accept the work for miscellaneous sanitary sewer repal s, Municipal Project #9626 and authorize final payment of $23,066.00 to F.M. Frattatone Excavating and Grading Inc. of St. Paul, Mn. oCTUiP - Linder Greenhouses, Inc. ON: Move to approve the conditional use permit for the operation of a temporary greenhouse/retail sales in the easterly portion of the parking lot at 4300 Central Avenue from April 15, 1997 through July 6, 1997 provided a deposit of $500 is submitted to the License/Permit Clerk prior to the intallation of the structures on the site. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA ,~ANUAR, Y 13, 1997 MEETING PAGE 2 31 - G. Pehl, 608 40th Avenue : Move to approve the appeal as both uses are permitted by a conditional it in this "LB" Zoning District and for the reason it will allow the continued use of a viable structure in a commercial district. The appeal approval is subject to the following conditions: -~'~'the building is ever again vacant for six (6) months or longer, the non- ~nforming section of the Zoning Ordinance 9.104(3)(0 will be in effect. I~ An egress window MUST be installed with appropriate permits obtained prior ~ ,a~y occupancy. ¢SX'A one hour fire resistant separation be constructed between the residence and I~.sfness or a sprinkler system be installed. - app~able conditional use permits be approved prior to occupancy. 5~ Two Conditional Use Permits - Gerald Pehl, 608 40th Avenue Northeast I~OTION: Move to approve the request for two conditional use permits to operate a sound/music studio and single family residence as a secondary use to the business at 608 N.E. 40th Avenue based on the following requirements: ~.An egress window MUSt be installed with appropriate permits obtained, prior ~. ,~ny occupancy. one hour fire resistent separation be constructed between the residence and business OR a sprinkler system be installed. lish Public Hearing Date - Federal Block Grant Money, Police Dept. : Move to establish January 27, 1997, at approximately 7:00 p.m. as the time for the public hearing in regard to the use of funds form federal block grant 96-LN-VX-2491 for the purchase of equipment for the Columbia Heights Police Department. wSTeClhOOl Liaison Officer Contract ON: Move to authorize the Mayor and City Manager to approve the joint rs agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of September 1, 1996 through June 5, 1997. ,J .F'~)Seek Bids- Public Works Dept. Copier ~, ~ tCF~-'''~ ,¢_~¢, ~¢¢,~-"') /"MOTI ON: M ova to authorize staff to seek bids for the" pu rc~ase of a copier. ~J~"O%/~9~ Seek Bids - 1997-1998 Tree Replanting Program (MOTION: Move to authorize staff to seek bids for the 1997-1998 fall tree oing program. ek Bids - Road MaterialS N: Move to authorize staff to seek bids for the purchase of road materials. CITY COUNCIL AGENDA JANUARY 13, 1997 MEETING PAG ~,~3 / l'~Seek Bids - Belly Plow .J/ ~.._O_TION: Move to authorize staff to seek quotations for a belly plow for Truck /~~~ #99. ~¢~k"~,-'2'1 1~ Resolution No. 97-01 - 1997-98 IUOE Labor Agreement U' (. T' MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-01 being a resolution regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 1997 - December 31, 1998. T Clontract Renewal - Siren Receiver/Decoders ON: Move to authorize the Mayor and City Manager to approve the maintenance agreement (option 1 ) for siren receiver/decoders between Embedded Clo s, Inc. of Andover, Minnesota and the City of Columbia Heights. se Hearing Re: License Revocation - Lowenthal, 1407-09 Circle Terrace MOTION: Move to close public hearing regarding the revocation or suspension of the rental license held by Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace NE in that the property owner has complied with provisions of the Hog.sing Maintenance Code. ~) Parking Restriction - Fifth Street MOTION: Move to designate the west side of 5th Street as "No Parking" at the driveway for 455 37th Avenue from 40' south of the driveway to 38th Avenue, based on the recommendation of the Traffic Commission. ~~av~Oai:~b;!i~r~V~e~~2~r~eCfdiNn~' olf3t~7e o~rinaaf-fint~e there ~p"~iies t~/¢'~{~Ib% MOTION: Move to adopt Ordinance No. 1337 being an ordinance regulating the g¢~'~.4,/¢, ~' '~ removal of graffiti. ~~v~ 1 l~esolution No. 97.02""' 1 Special Assessment Deferral I~OTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-02 establishing a new maximum income of $16,600 for senior or retired and disabled persons to be eligible for eciat assessment deferral. AMM 1997 Membership Dues / MOTION: Move to approve the 1997 dues for the Association of Metropolitan ~ ome from 101-41110-43~ j¢ Municipalities in the amount of $5,008 with funds,~c ~/~)~~ CITY COUNCIL AGENDA JANUARY 13, 1997 AGENDA PAGE 4 O)~l~)prove Payment of Bills N: Move to approve payment of the bills as listed out of proper funds. '2~Approve License Applications I~©TION: Move to approve the 1997 licenses as listed and to approve the rental housing licenses as submitted in the January 13, 1997 memorandum from Lowell DoMars. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS ~/~UBLIC HEARINGS '~TEMs FOR CONSIDERATION ~&'~the_r_ Resolutions/Ordinances -- ~ ~ ~esolution No. 97-03 - Appointing EDA Commissioner~ ('~Y~ ~./fOTION: Move to waive the reading of the resolution the~(e be~'¢ ample copies available for the public, k,,. MOTION: Move to adopt resolution No. 97-03 being a resofbtiorr"a'pproving the appointment of Commissioner Joseph Sturdevant to the Columbia Heights Economic Development Authority. Nlution No. 97-04 - License Revocation - Job, 4017 Sixth Street : Move to waive the reading of the resolution there being ample copies ka..y~ilable for the public. MOTION: Move to adopt Resolution No. 97-04 being a resolution approving revocation of a residential rental license held by Francis Job for real proper~.y located at 4017 Sixth Street Northeast, Columbia Height.s, Minnesota/ ~'/~.Bid Considerations '~Other Business US W tf C bi F h aVl Itl"/0' JA/b~% l~lmplement Penalties on . . es or a e reno is 'os MOTION: Move to find U.S. West in violation of the cable franchise/' as of November 15, 1996, for failure to receive consent of the City of Columbia Heights to the transfer of ownership, and to implement penalties under Section 11.113(5) of the franchise of $50. per day for failure.to comply with the franchise.) CiTY COUNCIL AGENDA JANUARY 13, 1997 MEETING ~_~ Establish Hearing Date - License Rev/Susp fo.r/~.ynde Investment Co. Properties ,._ MOTION: Move to establish a hearing date of Janu-a'Cy-2Z~997 for revocation or suspension of a license to operate rental properties within the City of Columbia Heights against Lynde Investment Company regarding, r~n~al pro4~)erties at the addresses listed. ~I,~./ ~noka County JPA Funds for Multi-Units M~TION' Move to authorize Mayor and City Manager to enter into the 1996 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Multi-Family Recycling Pr~)gram and to make funds e,~ses, of up to $17,322.00 available as reimburseme'nt~/'~r--~ ~"F,~_/0'~'eligible ~/4~Donation Received by Police Department (M/OTION: Move to accept the donation of $15.00 from Mr. ~ames Swartz, 945 42 '1/2 Avenue to the Columbia Heights Police Departmeflt._ /____~. ADMINISTRATIVE REPORTS port of the City Manager !Report of the City Attorney 9.~3ENERAL COUNCIL COMMUNICATIONS '~ Minutes of December 19, 1996 Park & Recreation Commission Meeting ~ Minutes of December 3, 1996 Library Board Meeting ~.j~Minutes of January 6, 1997 Traffic Commission Meeting B~Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager TO: FROM: RE: DATE: MAYOR A_ND COUNCILMEMBERS COUNCIL SECRETARY ~ ORDINANCE NO. 1339 - PARKING BAN JANUARY 10, 1997 ATTACHED IS A COPY OF ORDINANCE NO. 1339 AND A COUNCIL LETTER REGARDING A PARKING BAN. THIS ITEM WILL BE IN SECTION 3 "ADDITIONS/DELETIONS TO THE COUNCIL AGENDA" AS AN ADDITION TO THE JANUARY 13, 1997 COUNCIL MEETING. CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: Additions/Deletions to Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 3 Fire APPROVAL /?/~ / /~ ITEM: Ordinance No. 1339 - Emergency Parking BY: Charles Kewatt~ BY: · Ban DATE: Jan 9, 1997 %&..~C DATE: Due to the large amount of snowfall, an Emergency Parking Ban is being recommended by the Fire Department. Since the snow is piling up, the streets are becoming too narrow for emergency vehicles to be able to safely maneuver through when cars are parked on the streets. The Emergency Parking Ban would allow parking on odd side of streets only. This Emergency Parking Ban would be enforced in addition to the current Winter Parking Ban. The City Attorney has drafted the attached ordinance to accommodate the ban. The effective date of the ordinance is immediately upon approval based on that section of the City Charter which addresses "emergency ordinances." RECOMMENDED MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1339 being an emergency ordinance effecting an emergency parking ban. COUNCIL ACTION: ORDINANCE NO. 1339 BEING AN EMERGENCY ORDINANCE PURSUANT TO CHAPTER 3, SECTION 20 OF THE CHARTER FOR THE CITY OF COLUMBIA HEIGHTS, REGARDING THE PROHIBITION OF PARKING ON THE EVEN-SIDE OF ALL CITY STREETS The City of Columbia Heights does ordain: WHEREAS, the City of Columbia Heights is experiencing an above-average seasonal snowfall and an extraordinary accumulation of snow on the City's streets and rights-of-way; and WHEREAS, with vehicles parked on both sides of City streets the roadway narrows so as to impede and/or prohibit emergency vehicles from reaching their destination; and WHEREAS, the inability of emergency vehicles to reach their destination in a timely manner is an immediate threat to the public health, safety and welfare of the citizens of Columbia Heights. NOW, THEREFORE, it shall be unlawful for any person to park or fail to remove a vehicle of any kind on the even side of any Cit,y _st~ree,t from the date this ordinance is enacted until ,1997, or upon the repeal hereof, whichever occurs first. Any person accused of a violation of this ordinance shall be ticketed in the same manner as set forth for violations under Chapter 853, Section 7.205 of the Columbia Heights City Code. This Emergency Ordinance shall be in full force and effect immediately upon its passage. Offered by: Seconded by: Roll call: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 23, 1996 o CALL TO ORDER/ROLL CALL The Mayor called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE o ADDITIONS/DELETIONS TO MEETING AGENDA The following items were removed from the Consent Agenda: School Liaison Officer Contract, Contract Renewal (siren/receiver decoders maintenance agreement), Approve Contract for Driveway De-Icing Cables and Payment of Bills. Establishing a public hearing date for the 1997 CDBG grant program application was added. CONSENT AGENDA Motion by Peterson, second by Sturdevant to approve the Consent Agenda items as follows: Adopt Council Minutes The Council adopted the minutes of the December 2, 1996 Regular Council Meeting as presented. Resolution No. 96-87 Being a Resolution ApproDriatin~ Local Match Monies for the Local Law Enforcement Block Grant The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 96-87 BEING A RESOLUTION APPROPRIATING LOCAL MATCH FIINDS FOR THE LOCAL LAW ENFORCEMENT BLOCK PROGR_I_M WHEREAS, the City of Columbia Heights City Council accepted the Local Law Enforcement Block Grant in the amount of $20,349, and WHEREAS, a condition of the grant is that the City provide $2,26! in local match for this grant, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that $2,261 be appropriated from unexpended funds in the Police Department 1996 budget to Fund 276 for the Local Law Enforcement Block Grant Program, and REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 2 furthermore, that a transfer from the General Fund to the Local Law Enforcement Fund in the amount of $2,261 is authorized. Passed this 23rd day of December, 1996. Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Authorization to Dispose of City Property The Council approved of the disposal of the Police Department's old Texas Instrument computer cabinet and hard drive(s) by giving them to MASYS Corp. for salvage. Resolution No. 96-88 Beinq a Resolution Orderinq and Lev]zing an Improvement The reading of the resolution was waived there being ample copies available for the public. Roll call: All ayes R E S O L U T I O N NO. 96 -88 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light, to be placed on the existing pole between 3937 and 3941 Reservoir Boulevard, numbered 677-Area 31 - Project #9629. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 23rd day of December, 1996, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 3 Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 31 - Project 9629 for mid-block alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1997 (covering electric from date of placement through 1997), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 31 for mid-block alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this 23rd day of December, 1996. Offered by: Seconded by: Roll Call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Close Public Hearin~ - 656 47 1/2 Avenue The Council closed the public hearing regarding the revocation or suspension of the rental license held by David Ho!ton regarding rental property at 656 47 1/2 Avenue in that the provisions of the Housing Maintenance Code have been complied with. REG~ COUNCIL MEETING DECEMBER 23, 1996 PAGE 4 Close Hearinq - License Revocations (J.P. Janson Properties, 1242-44 Circle Terrace~ J.P. Janson Properties - 1248-50 Circle Terrace~ C.H. Properties, 4655 Fifth Street The Council closed the public hearing regarding the revocation or suspension of rental licenses held by the above-named property owners regarding their rental properties in that the property owners have complied with provisions of the Housing Maintenance Code. Establish Hearinq Date for License Revocation, Rental Property The Council established the hearing date of January 13, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Francis Job regarding rental property at 4017 Sixth Street Northeast. Final Payment - Sinqle Pedestal Spheroid Repair/Paintinq The Council accepted the work for Municipal Project #9503 cleaning, repairing and painting 250 MG single pedestal spheroid and authorized final payment of $8,984.00 to TMI Coatings, Inc. of St. Paul, Mn. Final Payment - Retainin~ Wall The Council accepted the work for Municipal Project #9628, Sullivan retaining wall repair and authorized final payment of $8,200.00 to Atlas Foundation Company of Rogers, Minnesota. ApDrove Contract for Driveway De-Icinq Cables This item was removed from the Consent Agenda and discussed later in the meeting. There was a correction in that the cables are for roofs not for a driveway. Approve Licenses The Council approved the 1997 license applications as listed and approved the rental housing licenses as submitted in the December 23, 1996 memorandum from Lowell DeMars. Establish Public Hearin~ Date for 1997 CDBG Proqram ApDlication The Council established January 27, 1997 at approximately 7:00 p.m. as the date and time for the public hearing in regard to the City of Columbia Heights application for the fiscal year 1997 CDBG program. Roll call on Consent Agenda: Ail ayes School Liaison Officer Contract The Mayor observed that the Joint Powers Agreement between the City and Independent School District ~13 referred to cost breakdowns for the 1996-97 school year being attached. REG~ COUNCIL MEETING DECEMBER 23, 1996 PAGE 5 He noted they were not attached. Motion by Sturdevant, second by Ruettimann to table this item. Roll call: Ail ayes Contract Renewal - Siren/Receiver Decoders Maintenance There was some discussion regarding the associated with this contract. hourly costs Motion by Ruettimann, second by Peterson to table this item. Roll call: All ayes ADprove Contract for Roofin~ De-Icin~ Cables at JPM The Council letter accompanying this item had an error. The correction was "roofing" to replace "driveway." Motion by Jones, second by Jolly to award the contract to Southside Electric, based on their low qualified quote, for installation of de-icing cables for $3,970.00 with funding to come from Fund 411, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes Payment of Bills The Mayor questioned the payment made to Region Truck Equipment in the amount of $350.00 as to what work was performed. He was advised this was for painting of a plow. The billing will be verified. Motion by Sturdevant, second by Jones to approve payment of the bills as listed out of proper funds. Roll call: Ail ayes 5. RECOGNITION,PROCLAMATIONS, PRESENTATIONS, GUESTS There was nothing for this portion of the meeting. 6. PUBLIC HEARINGS A. Resolution No. 96-89 Beinq a Resolution Receivinq Zone 2 Street Improvement Feasibility Report and Ca!!inq for a Public Hearinc Motion by Jolly, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public and to establish a public improvement hearing for January 14, 1997 at approximately 7:00 p.m. Roll call: Ail ayes REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 6 RESOLUTION NO. 96-89 BEING A RESOLUTION RECEIVING THE REPORT ON STREET IMPROVEMENTS IN ZONE 2 WITH COMPLETE RECONSTRUCTION, RECYCLED BASE AND NEW SURFACE, AND MILLING AND OVERLAY AND CALLING FOR A HEARING ON SAID IMPROVEMENTS WHEREAS, pursuant to Resolutions 96-70, 96-71, and 96-72 adopted by the Council on November 12, 1996, and Resolution 96-86 adopted by the Council on December 2, 1996, a report has been prepared by Mr. Mark Winson, City Engineer, with reference to the following improvements: Complete Reconstruction Tyler Street, north right-of-way of 37th Avenue to north right-of-way of 39th Avenue Polk Street, north right-of-way of 37th Avenue to north right-of-way of 39th Avenue Recycled Base and Bituminous Surface Polk Street, north right-of-way of 39th Avenue to center!ine of 41st Avenue Pierce Street, north right-of-way of 37th Avenue to cul- de-sac Buchanan Street, north rightrof-way of 37th Avenue to centerline of 39th Avenue Lincoln Street, north right-of-way of 37th Avenue to cul- de-sac Millinq and Bituminous Overlay Tyler Street, north right-of-way of 39th Avenue to centerline of 41st Avenue Tyler Street, centerline of 42nd Avenue to centerline of 44th Avenue 39th Avenue, centerline of Reservoir Boulevard to centerline of Tyler Street 39th Avenue, centerline of Polk Street to centerline of Arthur Street Cleveland Street, centerline of 40th Avenue to centerline of 41st Avenue Benjamin Place, centerline of 40th Avenue to cul-de-sac Stinson Boulevard, south right-of-way of Silver Lane to centerline of Benjamin Street and this report was received by the Council on December 23, 1996 and REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 7 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective and feasible, NOW, THEREFORE, BE IT RESOLVED that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (street feet) as well as non-abutting property on the closest intersecting street (avenue feet) for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement $865,103.00. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the !4th day of January, 1997 in the Council Chambers of the City Hall at 7:00 p.m. and that the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 23rd day of December, 1996. Offered by: Seconded by: Roll call: Jolly Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 23rd day of December, 1996, as disclosed by the records of said city in my possession. Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 8 o ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution No. 96-90 Being a Resolution Establishinq Refuse, Recycling and Yardwaste Rates - 1997 throuqh 1999 A resident questioned the equity of increasing rates for residential services. He also objected to having costs for hauling from City buildings included in homeowner costs. He noted there has been a substantial surplus in the refuse fund for some time and felt this may reflect the homeowner was being overcharged. Another resident felt the costs of the City refuse contract were subsidizing profit-making buildings such as apartments and multiple dwellings. Councilmember Jolly requested that the Finance Director keep members of the Council apprised of the fund balance. He is concerned that the fund balance may be getting too large. He requested quarterly reviews. The Finance Director suggested that there should be consideration given to reducing the fund. Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION 96-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DESIGNATING THE REFUSE, RECYCLING AND YARDWASTE RATES FOR 1997-1999 WHEREAS, Ordinance No. 853, City Code of 1977 (as amended) pertaining to Garbage, rubbish and recycling service provides for the setting of appropriate rates for the services rendered; and WHEREAS, the City of Columbia Heights has renegotiated their contract providing for necessary adjustments in costs related to refuse, recycling and yardwaste collection and disposal services; and NOW, THEREFORE, BE IT RESOLVED that the following monthly refuse, recycling and yardwaste collection rates be adopted and put into effect as of February 1, 1997, and on all billings rendered thereafter for residential service and multiple dwelling dumpster service. REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 9 Res Serv-lDu perwk 1997 1998 1999 Full Service-Der dwell 12.47 12.85 dwelling units of two family bldgs. 13.23 Limited Service -as 9.78 10.07 10.37 defined by administrative procedure and contract between City and Contractor Senior Citizen Rate 8.50 10.07 10.37 as defined by Council Resolution establishing eligibility Mu!tiD!e Dwelling Service: (i) ! yd w/lpu per wk (1) I yd w/2pu per wk 62 (1) 1 yd w/3pu per wk 97 (2) ! yd w/1pu per wk 53 (2) 1 yd w/2pu per wk 119 (i) ! 1/2 yd w/ipu per wk 48 {2) 1 1/2 yd w/!pu per wk 97 35 O4 98 88 59 60 94 88 (1) 2 yd w/lpu per wk 73 (1) 2 yd w/2pu per wk 157 (2) 2 yd w/ipu per wk 153 (2) 2 yd w/2pu per wk 286 (!) 3 yd w/lpu per wk 107 (1) l&(1)2 yd w/2puperwk 224 (i) 4yd w/ipu per wk 108 (!) 4yd w/2pu per wk 199 (1) 4yd w/3pu per wk 314 (2) 4yd w/3pu per wk 415 (i) 6 yd w/ipu per wk 175 28 40 92 87 88 30 61 32 82 36 92 36 !0 64 86 !00 82 55 20 123 19 50 40 i00 82 75 162 158 295 i!! 231 1!! 205 324 427 181 37 18 66 82 103 85 56 86 126 89 51 91 103 85 48 77 75 13 166 99 54 163 30 48 304 34 12 114 44 04 237 96 88 115 22 30 211 46 26 334 00 81 440 65 20 186 64 Compacted GarbaGe: 1997 1998 1999 Crestview Lutheran Home/ The Boulevard (less $10 for own vat) (1) 2yd w/6pu/wk 875.40 901.67 928.72 Non-Compacted GarbaGe: Heights Manor/3850 Stinson Blvd. (less $10 for own vat) (1) 2 yd w/2 pu per wk 136.67 140.77 145. O0 Royce Place (less $10.00 for own vat) (i) 2yd w/2pu per wk 136.67 140.77 145.00 REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 10 Rec¥clinq Residential Multiple Dwelling 1.73 1.73 1.73 1.40 1.40 1.40 Yardwaste Residential Multiple Dwelling 1.41 1.45 1.50 NA NA NA Ail dumpster services not specifically listed above, shall be charged to the user/owner at a cost of 20% above the hauler's charge to the City when that charge is determined by the hauler and the City. Passed this 23rd day of December, 1996. Offered by: Seconded by: Roll call: Peterson Ruettimann Ruettimann, Peterson, Sturdevant - aye Jones, Jolly - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Resolution No. 96-91 Beinq a Resolution Adoptinq a Budqet for the Year 1997 and Settinq the City, EDA and HRA Lew Collectible for the Year 1997 Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes The Finance Director stated that the most significant change to the budget was the EDA levy increase. A resident observed that the HRA levy was not included in the dollar amount in the recommended motion. He also stated that the total increase in the City's budget is 14%. The matter of the HP~A and the EDA was discussed and a suggestion was made to eliminate some of the language of the recommended motion. RESOLUTION NO. 96-91 BEING A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, ADOPTING A BUDGET FOR THE YEAR 1997 AND SETTING THE CITY, EDA AND HRA LEVY COLLECTABLE FOR THE YEAR 1997 REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 11 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1997 is hereby approved and adopted with appropriations for each of the funds as listed below: Expense General Fund Community Development Admin. CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land HRA Para Transit Fund State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund Mu!t iUse Redevelopment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 7,238,480 215 164 369 182 257 221 137 120 400 298 336 249 45 286 83 192 0 154 726 174 763 476 329 9 075 112 290 42 737 3 185 394 125 0 157,500 480,728 304,865 6,356,583 !,346,!07 1,250,451 1,367,423 357,500 329,151 127,506 90,000 2,887,136 Total Expense Including Interfund Transfers 25,504,372 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies, as hereinafter set forth for the year 1997: REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 12 Revenue Available General Fund Community Development Admin. CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land HRA Para Transit Fund State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund MultiUse Redevelopment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 7,238,480 215,164 369,182 257,221 137,120 400,298 336,249 45,286 83,192 0 154,726 174,763 476,329 9,075 112,290 42,737 3,185 394,125 0 157 500 480 728 304 865 6,356 583 1,346 107 1,250 451 1,367 423 357 500 329 151 127 506 90 000 2,887 136 Total Revenue Including Interfund Transfers 25,504,372 Section C. The following sums of money are levied for the current year, collectable in 1997, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated Local Levy EDA Levy 728,149 2,210,995 99,000 Total Levy 3,038,144 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 1997 in the amount of $72,192. REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 13 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 23rd day of December, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1. Workers' Compensation Insurance Motion by Ruettimann, second by Jolly to authorize the Mayor and City Manager to enter into an agreement with St. Paul Companies for workers' compensation coverage under the retrospective rated premium option using a maximum factor of 130% of the rate specified in their quotation. Roll call: Ail ayes 2. ADproval of GIS Ranqe Rider Contract Motion by Ruettimann, second by Peterson to approve the contract with Sight Plan for provision of GIS technical services in the amount of $40,000, the City of Columbia Heights' portion will be one-third of the contract costs; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes 3. Award Contract for Concrete Floor in New Cold StoraGe Buildinq The Mayor felt there was no need to do this project at the present time and inquired as to the competitiveness of the costs. CounciImember Peterson felt the prices quoted were very competitive. Motion by Jolly, second by Jones to accept the quotation from Ron Kassa Construction for installation of a concrete floor in the cold storage building based on the quotation of $18,096 for 6,240 square feet with the funding to come from Fund I01- 43121-5120, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Jones, Jolly, Ruettimann, Peterson - aye Sturdevant - nay REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 14 4. Authorization to Enter Into an Aqreement with Software Tailors Motion by Ruettimann, second by Jones to authorize the~Mayor and City Manager to enter into an agreement with Software Tailors, Inc. for the LaserFische electronic document management system and related hardware, installation and training as listed in their proposal of November 21, 1996, with funding to come from the 1996 cable television fund budget. Roll call: All ayes C. Other Business 1. Appointments to Boards and Commissions Motion by Jones, second by Jolly to appoint the following residents to specific boards and commissions with the accompanying term expirations: Barbara Karol to the Human Services Commission for a term which expires in April 1998; Sean Clerkin to the Human Services Commission for a term which expires in April 1997; Bruce Nawrocki to the Police and Fire Civil Service Commission for a term which expires in April 1999; Dominic Diaz to the Telecommunications Commission for a term which expires in April 1998; and, James Nelson to the Park and Recreation Commission for a term which expires in April 1997. Roll call: All ayes 2. Reappointments to Boards and ~Commissions Motion by Peterson, second by Jones to reappoint the following people to boards/commissions with stated dates of expiration: Catherine Anderson, Human Services Commission with a term which expires in April 1999; Richard Hubbard, Library Board with a term which expires in April 1999; Eileen Evans, Park and Recreation Commission with a term which expires in Apri! 2001; Gayle Norberg, Science, Technology and Energy Commission with a term which expires in April 1999; Ken Henke, Telecommunications Commission with a term which expires in April 1998; Ruth Graham, Telecommunications Commission with a term which expires in April 1998; and, Steve Mihalchick, Telecommunications Commission with a term which expires in April 1998. Roll call: All ayes 3. Liquor License Renewal In December of 1995, the City Council placed the BoxSeat Restaurant on a probationary basis regarding its license renewal provided a quarterly statement prepared by a cpa be submitted. This statement would reflect the amount of total sales versus food sales. REGI/LAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 15 The City's requirement of 40% of the annual receipts of an establishment with a liquor license must be derived from the sale of food. The BoxSeat Restaurant has not met this 40% requirement since it opened. Staff offered this information with no recommendation. The Police Chief noted there had been no substantial police activity at this establishment in the last year. He has found no information which would prevent the issuance of the liquor license. The City Attorney reviewed the options which could be considered with this license application. Among the options would be to change the percentage of food sales required. This is a local requirement, not a state requirement. He also cautioned that any option extended to this business would have to extend to similar businesses as well. Councilmember Ruettimann felt the City's position should be to help local businesses. Motion by Ruettimann, second by Peterson to approve the 1997 license for on-sale liquor at the BoxSeat Restaurant and Sports Bar at 4005 Central Avenue on a probationary basis provided a quarterly statement, prepared by a certified public accountant, be submitted stating the amount of total sales versus the amount of food sales. Roll call: Ail ayes 4. Revised John P.Murzyn Hall Manaqement Plan, Revised Rental Policy, and Establish Rental Rates for 1997 and 1998 Motion by Sturdevant, second by Ruettimann to adopt the revisions to the John P. Murzyn Hall management plan, rental policy, and 1997 and 1998 rental rates as outlined in Park and Recreation Commission submittal dated November 26, 1996. Roll call: Ail ayes 5. Public Hearinq - Transfer of CDBG Funds Motion by Peterson, second by Sturdevant to close the public hearing proposing the transfer of funds from the 1995 CDBG Rehab account to the 1996 CDBG Rehab account to pay off some unreimbursed expenses accumulated in the 1996 Neighborhood Revitalization Account. Roll call: Ail ayes Motion by Peterson, second by Ruettimann to approve the transfer of $116,576 from the 1995 and 1996 CDBG Housing Rehabilitation accounts into the 1996 Neighborhood Revitalization account to pay expenses related to 4607 Tyler Street N.E. and the 4613-4615 and 4619-21 Pierce Street REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 16 duplexes, and further, to direct the staff to submit a formal request with supporting documentation for approval by the Anoka County Board of Commissioners. Roll call: All ayes o ADMINISTRATIVE REPORTS A. ReDort of the City Manager 1) Council Chamber Microphones The sound quality of the Council Chamber microphones has been reviewed by members of the Telecommunications Commission. It was their recommendation that the present setup remain. Also, a technician replaced some of the wiring. Previous direction of the Council was to hardwire the microphones and the City Manager will follow this directive if the sound quality has not improved with the latest adjustments made by the technician. 2) Reservoir Construction The New Brighton City Council approved the revisions to the joint agreement regarding the traffic and other considerations relative to the City of Minneapolis reservoir construction project. Councilmember Ruettimann requested a copy of the agreement. 3) Lawsuit Hearinq January 13, 1997 is the court date for a hearing involving the City and a local landlord to be heard in federal court. 4) Six Month Anniversary The City Manager stated he has enjoyed the six months tenure with the City. 5) Holiday Greetinqs Members of the City Council extended holiday greetings to residents. GENERAL COUNCIL COMMUNICATIONS Minutes of the November 26, 1996 Park and Recreation Commission Meeting were included in the agenda packet. REGULAR COUNCIL MEETING DECEMBER 23, 1996 PAGE 17 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 1!. Representative-elect Chaudhary invited members of the Council to come to his office in the State Office Building or contact him whenever there is a need to discuss matters of mutual interest and concern. A resident expressed some concerns regarding vehicles stuck in the snow and snow removal. ADJOUR/fMENT Motion by Peterson, second by Jones to adjourn the meeting at 9:55 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 1/13/97 AGENDA SECTION: C 0 N S E N T ORIGINATING DEPARTMENT: CITY MANAGER NO. 11 PUBLIC WORKS ITEM: FINAL PAYMENT FOR MISCELLANEOUS~ -- BY: M. Winson ~ i~2~.E..~'~ NO. SANITARY SEWER REPAIRS - DATE: 1/6/97 MUNICIPAL PROJECT #9626 q~ ~ ,, ~[, The Contractor has completed the sanitary sewer repairs on 3rd St. between 37th Ave. to 38th Ave., 4th St. between 41st Ave. to 42nd Ave. and 43rd Ave. between Pierce St. to McLeod St. The project consisted of repairing up to 30' of the V.C.P. sewer. The project area has been restored in accordance with the contract. Attached is the final payment and Certificate of Performance. Staff is recommending approval of final payment to F.M. Frattalone Excavating and Grading Inc. and acceptance of the work. RECOMMENDED MOTION: Move to accept the work for Miscellaneous Sanitary Sewer Repairs, Municipal Project #9626 and authorize final payment of $23,066.00 to F.M. Frattalone Excavating and Grading, Inc. of St. Paul, Minnesota. MAW:jb 97-012 Attachment COUNCIL ACTION: CiTY (~F COLUMBIA HEIGHT~ M__N_ FINAL PAYMENT MISCELLANEOUS SANITARY SEWER REPAIRS MUNICIPAL PROJECT #g626 F.M. FRATTALONE EXCAVATING AND GRADING, lNG. 3066 SPRUCE STREET ST. PAUL, MN 8.~117 N..o_. [:)cacti t~jJ~lon. Quant. Unit I Repair s~nitaG' sewer on 3rd St, 37th Ave to 38th Ave I L.S. 2 Repair $~nita~ sewer on 4th St, 41st Ave to 42nd Ave 1 L.$. 3 Repair sanitary sewer on 4$rd Ave, Pierce St to McLeod St 1 L,$. 4 Change order #1 I L.$. Unit, Price ,T_~.t.a! $8,300.00 $8,300.00 $8,100.00 $8,100.00 $4,800.00 $4,800.00 $1,866.oo ..... $_1.,.868.oo TOTAL DUE $25,088,00 i hereby certify to the (-jty Council by the ebove,contract;/{hlat all wot with a~erms of said contract, ~-~r-~-A. V~inson, P,E, Reg, No, 18829 of Columbia Heights that I have been in charge of the work requirecl all work has been done and performed as measured by anti in accordance I accept the.abg~ve payment as final for the work done under this contract, ~.M, FRATTALONE EXCAVAff'ING AND GPA'DING; INC. CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA ~S~CTION: ORIGINATING DEPT.: CITY MANAGER NO: CONSENT Planning and Zoning APPROVAL ITEM: Conditional Use Permit, Linder's BY: Tina Goodroad ~, Greenhouses, Inc. ~ ~ ~ DATE: January 8,~97 NO: Case ~9701-01, 4300 Central Avenue The Planning and Zoning Commission reviewed the request of Peter Linder of Linder's greenhouses, Inc. for a Conditional Use Permit to allow the operation of a temporary "mini greenhouse" and retail sales in the easterly portion of the parking lot for Central Valu Mall, 4300 Central Avenue, from April 15, 1997 through July 6, 1997. Section 9.113(2) (a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. This will be the eighth year that Linder's Greenhouses will operate their greenhouse in the same location. A site plan is enclosed which shows the same set up of two structures plus a patio area in front. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. More than adequate parking will be maintained for the mall and addition of the Flower Mart. A letter from Kraus-Anderson, property owners, granting permission to Linder's Greenhouses, Inc. to use the premises is included in your packet. The Planning and Zoning Commission unanimously recommends approval of the Conditional Use Permit request providing a $500 deposit is submitted to the License/Permit Clerk prior to installation of the structures on the site. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for the operation of a temporary greenhouse/retail sales in the easterly portion of the parking lot at 4300 Central Avenue from April 15, 1997 through July 6, 1997 provided a deposit of $500 is submitted to the License/Permit Clerk prior to the installation of the structures on the site. COUNCIL ACTION: ccag0197.nol / ~For~ Variance ,- Privacy Fence ~ Conditional Use Permit ~ Subdivision Approval ___ Site Plan Approval .... Other 1. Street Addres~ of Subject Propertyi 4300 Central Avenue N.E. - ~_,~k......'~,~ tx~L 2. Legal Description o~ Subject Property,_ Conditional Use Permit. ~escription o~ Zoning: Applicable City ordinance Number Present Zoning Present Use 9ection Proposed P~oposed Reason for £equest, to allow the operatlon'of a tem~_orary mint qarden,center in [t{~, easterly por[ion of the parking lot from ,l~tL ~% -4~ _ . \qqq ,~¢u~_ OcO-C~v~E~ Acknovlsdlment and ~i~na~u:St {he uM{~{i{ned he~Ib! represents upon all of the' . action herein tequested,~tAumA_ill statement{ herein are t~Ue and that all ~ork herein mentioned will be do~n acco~ance With t~ ~r.dinance~ ,of the City of Columbia Heights Signature o~ Applica. ~ --~ . WHOLESALE GREENHOUSES CORPORATE OFFICE 275 W. Wheelock Pkwy. St. P~ul, Minn. 55117 612-488-6717 RETAIL GARDEN CENTER 270 W. Larpenteur Ave. St. Paul, Minn. 55t 17 612-488-1927 FAX 488-5726 Kathryn Pepin License/Permit Clerk City of Columbia Heights 590 40th Ave NE. Columbia Heights, MN 55421-2800 December 10, 1996 Dear Kathy, Attached to this letter is my application for the 1997 Linder's Flower Mart at the Central Value Mall at 44th and Central. The season for 1997 is planned to be from April 15 thru July 6. The season corresponds to all the other seasons which we have been at this location.We are eager to return for our eighth successful year in Columbia Heights. We have developed a very loyal customer base in Columbia Heights who look for~vard to our returning year after year. They always want the consistent quality that we provide as well as our excellent customer service. Linder's considers Columbia Heights to be one of our best Flower Mart locations. This year we are planning the exact same Flower Mart we used last year. Our changes last year proved to very appealing to the eye and provided more access for the customers. We will use the same structure and materials which we have used in the past. I am also providing the same information that we provided last year about the Flower Mart: 1. There is no parking adjacent to the Flower Mart. We do not allow smoking and place many signs to that effect. Smoking is harmful to the plants. 2. There are four 6 foot doors which remain open at all times during business hours. 3. There will be at least four fire extinguishers in the Flower Mart 4. The flammability information on the poly is in the enclosed material. If you have any questions about this application please call me. I will address any issues promptly. We feel we are an asset to this community and want to grow here to meet our customers needs. )Printed on Recycled Paper Please let me know when this item will be on the agenda for consideration. I look forward to a successful spring season in 1997 in Columbia Heights. -V t Linder's Greenhouses Inc. I 43rd AVE. NE. {t I i /////// 44lh AVE. N.E. V ,l, ltt l llX~l ~.) United States Testing Company, Inc. California Division CLIENT: SUBJECT: S tar-Tex 8235 220th Street Wes= ?.~kevi!le, MN 55044 NUMEE~ LA 50192 FLAMMA~!L/TY OF POLYETHYLENE FILM REFERENCE: Client's let=er da=ed 1/28/85 per Pat Larson. SAMPLE IDENTIFICATION: Two samDles of polyethylene film submitted and identified by ~he Client as: !) 4 mil 2) 6 mil TEST R~UEST AND METHOD: Flammability Der State of California Administrative Code, TiU!e 19, Public Safety, Subcha~ter 8, Article ~, ,Section 1237.1 (Small Scale Tes~), Procedure 801, as modified by the S~a~e Fire Marshal. Conditionin=: 70 Z 2"F and 65 Flame ADD!led: 12 seconds Fuel: Gas Mixture B Z 2% reiauive humidity REQUIR~--MENTS: A) The afterf!ame tame shall not excmed two secDnds. B) The average length of char shall not exceed six inches. cg SIGNED FOR'THE COMPA N Y C. Macaluso, Ass't. Manager, Ma~'l./Tx. V.? De? United States Testing Company, Inc. California Division S%ar-Tex LA 50192 TEST RESULTS: Sam=!e 4 mil .!amma ..... v - Small Scale T~st Aftarflame, Sec. Char Length, In. 0.0 0.0 0.O 6.6 0.0 5.3 0.0 5.4 Avg. 5.2 6 roll O.0 0.0 4.7 O.0 4.9 0.0 5.3 0.0 Arc.. 5.: C OM?.EN TS: The subminted pc!y-_~,hy!ene film samples meet ~_he f!a~mabii!--y r~quiremen--s cf ',,he S=a:a cf California T£--!e 19, Section 1237.1. KRAUS-ANDERSON REALTY COMPANY Development · Leasing. Management December 5, 1996 COLUMBIA HEIGHTS CITY OFFICES 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 To Whom This May Concern: Kraus-Anderson, Incorporated, hereby grants permission to Peter Linder of Linder's Greenhouse to operate a temporary Garden Center upon the parking facility at the Central Valu Shopping Center during the months of April through June of t 997. If there are any questions or concerns, please do not hesitate to contact me. Thank you for your cooperation in this matter. Sincerely, KRAUS-ANq)ERSON REALTY COMPANY Scott J. Schmitt Property Manager SJS:me CC: Central File Linder' s Greenhouse 4220 West OldShakopee Road, Suite 200 · Bloomington. MN 55437-2995 612/881-8166-Fax: 612/88t-8114- Wats:l- 800-399-4220 CITY COLYNCIL LETTER Meeting of: January 13, 1997 AGENDA SEC~N: ORIGINATING DEPT.: CITY MANAGER NO: CONSENT Planning and Zoning~ APPROVALT ITEM: Appeal, Gerald Pehl ~.~,~ BY: Tins Goodroad~ BY:~~~~ NO: Case #9701-02, 608 N.E. 40th Avenue DATE: January 8, '~97 The Planning and Zoning Commission reviewed the request of Gerald Pehl for an appeal of an administrative decision by the Zoning Department to prohibit use of the property at 608 N.E. 40th Avenue as it is non-conforming and has been vacant for over six months. Section 9.t04(3) (f) of the non-conforming section of the Zoning Ordinance requires that whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. Mr. Pehl has a purchase agreement signed with the owner of this property that is contingent upon approval of this appeal. Mr. Pehl would like to use the building for his business and residence. The business portion will be an audio visual service use where he creates sound/music mix for a variety of uses. This is a one person operation with little traffic from customers. He also plans to use the building as a residence for himself, secondary to the business. The main floor of this building is already set up with an apartment style dwelling. Both of these uses will require a Conditional Use Permit which is scheduled to follow after this appeal request. The property in question is zoned "LB", Limited Business, where these uses are allowed by Conditional Use Permit. The reason for the appeal is that currently the building is non-conforming and once a non-conforming structure is vacant for six months or more, it must be brought into conformance with the Zoning Ordinance. The reason the building/property is non-conforming is because it does not meet the required setbacks for the "LB" Zoning. There are a total of four non-conformities with this structure. Because of the vacancy of over six months, Staff cannot allow any use without an appeal. A letter from the applicant and floor plans for the main floor (residence) and lower level (sound studio) are included. The building is a sound structure most recently used as a daycare. Improvements were made when that use was conducted. I asked the Building Inspector and commercial Fire Inspector to conduct a full review of the building for those uses. Both were satisfied with the structure for a residence and business use if the following improvements were made: 1. Provide an egress window in the lower level. This is required whether or not the residential portion is in the lower level or if the business portion is located in the lower level. 2. Provide a one-hour fire resistant separation between the residence and the business use. This requirement could also be met with construction of a sprinkler system off the domestic water line. COUNCIL ACTION: ccag0197.n2b Page 2 CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Appeal, Gerald Pehl BY: Tina Goodroad BY: NO: Case #9701-02, 608 N.E. 40th Avenue DATE: January 8, 1997 Both of these requirements will be contingencies to the approval. This work will also require building permits with the occupancy permit held until all work is complete and approved. No other construction/safety concerns were found. This building is considered useable by Staff except for the non-conformities. It would be ideal if the structure could be moved, but since it cannot, it does not make a lot of sense to restrict the use of a viable building in a commercial district. The use itself will not be intensive. Mr. Pehl does the work alone with no employees and few people needing to visit. A two-car garage with parking for an additional two spaces, plus limited on-street parking, will be adequate for the combination business/residence. Mr. Pehl is also completely aware of the Fire Inspector's requirements and understands the non-conforming issue. He plans to purchase the building and knows that if another six month vacancy occurs, the structure could not be used. Mr. Pehl has been cooperative with my requests and is very enthusiastic about the potential of this building. The Planning and Zoning Commission unanimously recommended approval of the appeal request as both uses are permitted by a Conditional Use Permit in this "LB" Zoning District and for the reason it will allow the continued use of a viable structure in a commercial district. The appeal was approved subject to the following conditions: 1. If the building is ever again vacant for six (6) months or longer, the non- conforming section of the Zoning Ordinance 9.!04(3) (f) will be in effect. 2. An egress window MUST be installed, with appropriate permits obtained prior to any occupancy. 3. A one-hour fire resistant separation be constructed between the residence and business or a sprinkler system be installed. Ail applicable Conditional Use Permits be approved prior to occupancy. RECOMMENDED MOTION: Move to approve the appeal as both uses are permitted by a Conditional Use Permit in this "LB" Zoning District and for the reason it will allow the continued use of a viable structure in a commercial district. The appeal approval is subject to the following conditions: 1. If the building is ever again vacant for six (6) months or longer, the non- conforming section of the Zoning Ordinance 9.104(3) (f) will be in effect. 2. An egress window MUST be installed, with appropriate permits obtained prior to any occupancy. 3. A one-hour fire resistant separation be constructed between the residence and business o__r a sprinkler system be installed. Ail applicable Conditional Use Permits be approved prior to occupancy. COUNCIL ACTION: ccag0197.n2b DE0-27-96 FRI 09:49 BCt BUSINESS CENTER HILT FAX NO, 6123974878 P, 03 Other Pze~ent ~on~ Sect&em ......... ~ke~ ~y~_ , ......... D£C-27-96 FRI 09:48 BOI BUSINESS CENTER HILT FA× NO, 6123974878 ?, 02 Gerald J. Peht 214. Oak Grove Street #205 Minneapolis, Minnesota 55403-3312 To the Planning and Zoning Commission, and the City Cotmcil of the City of Cotmnbia Hei,,cktg, I have reached an agreement with the owner to purchase the property at 608 4¢ Avenue Northeast. This agreement, however, is contingent upon approval by the City Council of my int~d~ use. After discussion of this matter vdth Tina C, oodroad, the City Inspector, it has been determined that two (2) Conditional Usc Permits, and an appeal of the prohibition of use ~lue to the outstanding noncoaformities of its setbacks are necessary. I have b~n in the Audio Visual Services for over ten years and an~ currently employc, xt by Btumtxrg Communications, Incorporated. Over the years I have also developed a considerable business hi freelance somsd design, and the needs oft/ds business, in resources of both time and space, have now growa to make it necessary ~br me to establish a new, permancmt home tbr both my business and myself. Although it does not conform to City Ordinances regnrding r, etbacks, this is a viable property in fmc condition with great potential which enhances and contributes to its neighborhood. Built in 1954 with all of the modem facilities and amenities, this property promises service to both ils owner and commun.tty for ma. ny years to come. It is for this reason that I ~k that its use be permitted. ~ile the uses which t propose for it, namely as a music qmdin and a m..qJden¢~, are not allowed ~ Pe~ined Pr~ciple Uses, they ~e, however, s~ific~ty cited ~ Condi~onal Uses. Hav~g worked a gr~t de~ with my father who is a Licensed GenerM Co,meter, t have considerable ex~rience in eons~uction m generM, w~te my b~iness vent, s have involved design ~d construction of ~v~al acomdc s~ces. I m, ~efo~, entirely confident ~at satishctow a~er~nce te ~1 codes ~d ordinmces, in Mditio~ to tho~ s~cificMly cit~ by ~e Fire h~pector, pertaining m my intended ~c of~s ~y c~ be ~vcd ~ a t~cly ~d ordcrly fashion. In order to allow me m bring my ~iness ~d residmce to ~s co~ty, I ask that ·es¢ ~¢s be condkion~ty ~ittud. I thank you for your time and consideration in this matter. Sincerely, DE0-27-96 FRI 14:30 BCI BUSINESS CENTER HILT FAX NO. 6123974878 P, 02 Proposed ftoorpfan for th~ main floor of th~ property at 808 40th Avenue Northeast Columbia Heights, Minnesota living rc~m kitchen t t I i !stairwell cio,et bathroom DE0-27-96 FRI t4:31 BCt BUSINESS CENTER HILT FRX NO, 6123974878 ?,03 Proposed floorplan for tho tower level of the property at 6D8 40th Avenue Northeast Columbia Heights, Minnesota storage ', ,~. ....... :,, ~7. i' bathroom sound design studio CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTIOn: CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~ Planning and Zoning APPROVAL Gerald Pehl ~'~'~ DATE: January 8,~g7 NO: Case ~9701-03, 608 N.E. 40th Avenue The Planning and Zoning Commission reviewed the request of Gerald Pehl for two Conditional Use Permits to allow the operation of a sound/music studio and single family residence, as a secondary use to the business, at 608 N.E. 40th Avenue. Section 9.t11(2) (b) of the Limited Business Section of the Zoning Ordinance requires a Conditional Use Permit to operate a music studio. Section 9.111(2)(o) of the Limited Business Section of the Zoning Ordinance requires a Conditional Use Permit to have a single family residence of the owner of the business that constitutes the principal use of the parcel as an accessory use subject to annual renewal and reapplication if it has changed in scale or character. A letter from the applicant explaining the uses and floor plans of each level are included with the first request for the appeal. Mr. Pehl proposed to use the main floor for his residence where a bathroom, kitchen, bedroom and living room ar-e already determined. There are two entrance/exits to this floor and one stairway to the lower level where the sound design studio will be located. As with the appeal case, the Conditional Use Permit approvals will be contingent upon completing the order of the Fire Department. This includes the egress window in the lower level and one-hour fire resistant wall separation or sprinklers. No other problems with the structure or use were discussed. The business will be run by Mr. Peh! himself. He has no employees and expects little need for customers to come to the site. A two car garage is located in the rear which fulfills requirements for residential parking. In addition, there are two to three parking spaces, on a paved area, for any visitors. Limited on-street parking is also permitted along 40th Avenue. Because of the nature of the business, I believe adequate parking will be available. If any future problems did occur, these Conditional Use Permits could be reviewed. Mr. Pehl understands why the Conditional Use Permits are required and that they can be reviewed at any time. He is also aware of the Fire Department requirements as the appeal approval is based on the same. The Planning and Zoning Commission unanimously recommended approval of the two Conditional Use Permits to operate a sound/music studio and single family residence as a secondary use to the business based on the following requirements: 1. An egress window MUST be installed with appropriate permits obtained, prior to any occupancy. 2. A one-hour fire resistant separation be constructed between the residence and business OR a sprinkler system be installed. RECOMMENDED MOTION: Move to approve the request for two Conditional Use Permits to operate a sound/music studio and single family residence as a secondary use to the business at 608 N.E. 40th Avenue based on the following requirements: COUNCIL ACTION: ccag0197.no3 CITY COUNCIL LETTER Meeting of: January 13~ 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Two Conditional Use Permits, BY: Tina Goodroad BY: Gerald Pehl DATE: January 8, 1997 NO: Case ~9701-03, 608 N.E. 40th Avenue Page 2 1. An egress window MUST be installed with appropriate permits obtained, prior to any occupancy. 2. A one-hour fire resistant separation be constructed between the residence and business OR a sprinkler system be installed. COUNCIL ACTION: ccag0197.no3 DEC-26-96 ?HU 14:43 12-26-~996 BC I BUS t NESS CENTER H t LT F~N~,! C'ti"¥' C'OLL~BIA H(ST$, FAX NO, 6t23974878 P, 02 P. 2 .... / - C .... ~, ~-~2o ~ .... .,~_ t. Ap~liCA~le City O~dl~ce N~ber ~eI~Rt U~e ........... __.~O~o;ed ~, _ _. DEC-26-96 THU 14:44 BCI BUSINESS CENTER HILT Fi~× NO, 6123974878 ?. 04 sub~ivisl~ &pproval Other Ca~e City Proposed Uss, T~n ~y t = 7p CITY COUNCIL LETTER Meeting of: January 13, t997 AGENDA SECTION: NO. d4~ ITEM: Request for Public Hearing ~ ,Cio NO. to Review Use of Federal Block Grant Money for Dept. Equipment ORIGINATING DEPARTMENT POLICE Thomas M. Johns~n-.xl)~ January 3, 1997 ~ q BY: DATE: CITY MANAGER APPROVAL: DATE: The Columbia Heights Police Department has received a federal block grant in the amount of $20,349. A committee of community members has been formed to meet on January 16, 1997, to review the list of equipment the department intends to purchase from these funds. The terms of the grant require that a public hearing be held so that members of the public will be aware of and may speak to how these funds are to be expended. RECOMMENDED MOTION: Move to establish January 27, 1997, at approximately 7:00 P.M. as the date and time for the public hearing in regard to the use of funds from federal block grant 96-LN-VX-2491 for the purchase of equipment for the Columbia Heights Police Department. TMJ:mld 97-011 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: NO. /~- CONSENT ITEM: School Liaison Officer Contract mo. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson~Vl) DATE: December 26, 1996 CITY MANAGER APPROVAL: BY' In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Officer Mike McGee has held this position since the inception of the program. Officer McGee has established excellent rapport with the students and staff at the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the community. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of September 1, 1996, through June 5, 1997. mld 96-500 COUNCIL ACTION: JOINT POWERS AGREEMENT Section 7 This Joint Powers Agreement dated this 23rd day of December, 1996, is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District #13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. ° FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C..Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 1996-97 school year is attached. o BILLING. The City shall submit a bill to the School District which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement o o o t0. 11. TERM. This agreement shall commence on September 1, 1996 and shall end on June 6, 1997. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual fights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and alt liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty day~. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITrEN ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Joseph Sturdevant Mayor Dr. Alain Holt Superintendent of Schools Thomas M. Johnson Chief of Police Jane Liepold Goodell Principal, C.H.H.S. Section COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM 1996-1997 School Year Base Wage: Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred comp. Overtime allocation TOTAL BASE WAGE $3,646.00/month 110.00/month 234.99/month $43,752.00/year 090.00/9 mos. 2,819.00/year 2,019.00/year 300.00/year 1,900.O0/year $51,780.OO/year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (7.48 each $100 wage) P.E.R.A. (12% gross wage) Hospitalization ($300.00/month) TOTAL FRINGE BENEFIT COSTS 751.00/year 3,873.00/year 6,214.00/year 4,080.00/year $14,918.00/year Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 700.00/year 500.00/year 1,200.00/year TOTAL YEARLY COSTS To compute monthly total: $67,898 divided by 12 months = $5,658 To compute school year total: $5,658 x 9 months (school yr.)= $50,922 To compute School District #13 cost: 1/2 of 9/12 funding formula = $25,461 TOTAL COST TO SCHOOL DISTRICT #13 $67,898.00/year $25,461 mld CITY COUNCIL LETTER Meeting of: 1/13/97 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: fl CITY MANAGER NO' q PUBLIC WORKS ITEM: AUTHORIZATION TO SEEKBIDS TO BY: M. Winson NO. PURCHASE COPIER IN PUBLIC WORKS DATE: 1/6/97 Staff requests permission to seek bids for the purchase of a new copier in Public Works. The present copier is a Sharp SF8800 and was purchased in 1989. Due to the high volume of copying done in Public Works, it is feasible to purchase a new copier rather than rely on other City copiers. Funds are budgeted in the amount of $9,000 in the Capital Equipment Replacement Fund. RECOMMENDED MOTION: Move to authorize staff to seek bids for the purchase of a copier. MAW:jb 97-010 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/13/97 AGENDA S~TION: CONSENT ORIGINATING DEPARTMEN~:~ CITY MANAGER No. u .owoR s ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: M. Winson ~j ~¥..gt~-- BY: NO. PROGRAM199%98 FALL TREE REPL~~ ,,, ~J~ DATE: 1/6/97 ~ DATE: Staff requests permission to seek bids for the 1997-1998 Fall Tree Replanting Program. Trees are normally utilized to replace those removed due to various diseases. RECOMMENDED MOTION: Move to authorize Staff to seek bids for the 1997-1998 Fall Tree Replanting Program. MAW:jb 97-009 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/13/97 AGENDA SECTION: C 0 bi S E bIT ORIGINATING DEPARTMENT: . CITY MANAGER NO. .! PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: M. Winson NO. FOR ROAD MATERIALS ~'~ "tt~ DATE: 1/6/97 Staff requests permission to seek bids for the purchase of road materials for 1997. This includes Aggregates, Plant Mixed Bituminous, Asphalt Materials and Disposal of Asphalt and Concrete Rubble. Bids are obtained on a unit price basis and staff orders materials throughout the year as they are needed. RECOMMENDED MOTION: Move to authorize staff to seek bids for the purchase of road materials. MAW:jb 97-008 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/t3/97 AGENDA SECTION: CONS ENT ORIGINATING DEPARTMENT~,I CITY MANAGER NO. 4 PUBLIC WORKS., //~/, ~.........~ /~'~¢ ITEM: AUTHORIZATION TO SEEK QUOTES BY: M. Winson ~k/~~ BY: NO. FOR BELLY PLOW ~'t1~, ,,.I.~ DARE: 1/6/97 ~ DATE: Staff budgeted funds for installing a belly plow on Truck #99. This is the only large truck without this type of plow. Belly plows are useful for removing hard packed snow and ice. RECOMMENDED MOTION: Move to authorize staff to seek quotations for a belly plow for Truck #99. MAW:jb 97-011 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 4 APPROVAL/ ~ t The current labor agreement between the City and the International Union of Operating Engineers, Local 49, representing public works employees, terminated on December 31, 1996. Negotiations between the City's negotiation spokesperson and IUOE have resulted in a mutually acceptable labor agreement for calendar years 1997 and 1998. The proposed changes are as follows: Wages: 1997: 1998: 3% adjustment over 1996 wages 3.5% adjustment over 1997 wages Insurance: 1997: $340 per month (1996 = $300 per month) 1998: $375 per month Deferred Compensation: Employer shall pay on a dollar-for-two dollar matching basis; $300 per full-time employee for 1997; $300 per full-time employee for 1998 (1996=$300). Overtime Pay: Effective January 1, 1998, the employee assigned weekend duty for standby will receive overtime according to the following schedule: Two day weekend: Five hours (currently four hours) Three day weekend: Seven hours (currently six hours) Four day weekend: Nine hours (currently eight hours) Effective January I, 1997, employees may accumulate a maximum of forty hours compensatory time {currently, compensatory time must be taken during the pay period it is earned.) Appendix C: Addition of Single Axle Truck, with wing, when used for snowplowing operations to list of equipment. Appendix D: Addition of Toro 580D Lawnmower to list of equipment. Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 1997 and 1998. The total cost package over the two years is 7%. Also attached is a Uniform Settlement Form. Minnesota Statute t79A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes !79A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 APPROVAL ITEM: 1997-1998 IUOE LABOR AGREEMENT BY: LINDA L. MAGEE BY: NO: DATE: 1-2-97 DATE: Page 2 ¢~ 2 The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97- , regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 1997-December 31, 1998. COUNCIL ACTION: RESOLUTION 97- REGARDING LABOR AGREEMENT BE2WCFFN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (1-UOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998. WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this ~ day of ,1997. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS December 19, 1996 PROPOSAL TO THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 ARTICLE X OVERTIME PAY 10.5 Effective January 1, 1998, the employee assigned the weekend duty schedule for standby shall receive overtime pay according to the following schedule: Two day weekend: Five hours Three day weekend: Seven hours Four day weekend: Nine hours 10.6 Employees may take compensatory time off at the rate of one and one-half hours off for every hour overtime worked. Compensatory time may be accumulated to a maximum of 40 hours. Compensatory time must be taken during the same calendar year in which it is earned. Compensatory time earned and not taken within the calendar year shall be paid off the last payroll period in December. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of three hundred forty dollars ($340) per month per (permanent and probationary full-time) employee for group health and life insurance including dependent coverage for calendar year 1997. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 1997 prior to Council ratification of a 1997 employer contribution rate for insurance. 19.2 The EMPLOYER will contribute up to a maximum of three hundred seventy-five dollars ($375) per month per (permanent and probationary full-time) employee for group health and Life insurance including dependent coverage for calendar year 1998. ARTICLE XXVI WAGES See Appendix A for 1997 and 1998 wage rates. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such contribution will not exceed $300 for calendar year 1997 and $300 for calendar year 1998. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 1997, and shall remain in full force and effect until December 31, 1998. APPENDIX A WAGES 12-19-96 1997 Adjustments shall be effective January 1, 1997. No retroactive wage payments will be made to any employee terminating employment during calendar year 1997, prior to Council ratification of a 1997 wage schedule. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Maintenance I Maintenance II Maintenance III Foreman Laborer & Part-Time Smp I Smp II Smp IH Smp IV Smp V Step VI Entry 6Months 1 Year 2 Years 3 Years 4 Years $11.130 $11.55 $12.10 $12.65 $13.20 $13.75 $13.12 $13.78 $14.43 $t5.09 $15.74 $16.40 $13.72 $14.4t $15.09 $15.78 $16.46 $17.15 $14.38 $15.09 $15.81 $16.53 $17.25 $17.97 $5.50- $7.25 1998 Adjustments shall be effective January 1, 1998. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Maintenance I Maintenance II Maintenance 1TI Foreman Laborer & Pm-Time Step I Step II SmplTI Step IV Step V Step VI Entr~ 6Months 1 Year 2 Years 3 Years 4 Yews $11.38 $11.95 $12.52 $13.09 $13.66 $14.23 $13.58 $14.25 $14.93 $15.61 $16.29 $16.97 $14.20 $14.91 $15.62 $16.33 $17.04 $17.75 $14.88 $15.62 $16.37 $17.11 $t7.86 $18.60 $5.50 - $7.25 12-19-96 , APPENDIX C Effective upon City Council ratification of the contract, employees in the Maintenance I classification who have reached Step VI of the wage schedule and employees in the Maintenance 11 classification required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.50 per hour above their base hourly rate of pay for those hours assigned to the following items of equipment: Front End Loaders - 4 WD, 2 yards or more Street Sweepers - Pickup Type Backhoes Graders Oil Distributor Operator Boom Operator Vac-All, Sewer Jetter Tandem Axle Track Tandem Dump Track, with wing, when used for snowplowing operations Single Axle Truck, with wing, when used for snowplowing operations APPENDIX D 12-19-96 Effective upon City Council ratification of the contract, employees in the Maintenance I classification and employees in the Maintenance II classification required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.20 per hour above their base hourly rate of pay for those hours assigned to the following items of equipment: Brash Chipper Toro 580D Lawnmower CITY COUNCIL LETTER Meeting of: January 13, 1996 AGENDA SECTION: ~. ' ORIGINATING DEPARTMENT: CITY MANAGER C 0 N S E N T APPROVAL NO: Fire ITEM: Contract Renewal BY: Charles Kewatt NO: 4 ' ~ "I ~ DATE: Dec 31, 1996 ~po.~r DATE: The Maintenance Agreement for Civil Defense Siren Receiver/Decoders is due to be renewed as of January 1, 1997. Our contract has been with Doradus Corporation of Fridley, but Doradus will no longer be servicing sirens. We have obtained a contract from Embedded Systems Inc., 2227 NW 145th Avenue, Andover, MN. The two-year contract will cover services to include preventive maintenance, emergency service, and monitoring of test reports. The contract also includes specific hardware and hardware failures and defects to be covered. Number of Units Option #1 - Paid Semi-Annually Cost per Unit Monthly Yearly per Month Cost Cost Number of Purchase Orders Required 4 units $ 29.50 $ 118.00 $ 1,416 2 P.O.'s required Option #2 - Paid Quarterly Number of Cost per Unit Monthly Yearly Units per Month Cost Cost 4 units $ 31.50 $ 126.00 $ 1,512 Number of Purchase Orders Required 4 P.O.'s required The following Time and Materials Charges apply to both Option 1 and Option 2: Labor: $75.00/hour including travel time Parts: Cost + 20% (including without limitation, batteries) Repairs: Cost + 205 (including without limitation, radio repairs) Option 1 would save the City approximately $96.00 over Option 2, plus additional savings of approximately $20.00 (2 P.O.'s @ $10 each) -- Total Savings per year $116.00. RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Approve the Maintenance Agreement (Option 1) for Siren Receiver/Decoders between Embedded Systems, Inc. of Andover, Minnesota and the City of Columbia Heights. 96-199 ]COUNCIL ACTION: 2227 145TH Ave. N.W. Andover, MN 55304 (612)-757-6693 (612)-757-3696 Thursday, De,tuber 7th, 1995 City of Columbia Heights Cheif Charle~ Kewatt 555 Mill St. N. E. Columbia Heights, MN 55421 Dear Chief Kewatt, We at Embedded Systems would like to invite you to be part of our offer for a siren ~"~e~i?~/decoder m.aintenance contract. We have met with the Warning Advisory Committee, can Mooney, Ctmn- and received a strong approval of our ~pabilities and maff. We are prepared to provide you with siren receiver/decoder maintenance that will earn your respect and save you money. Please review the following contract points which we feel will expe. dite your decision. 3. Price Increases - Shall be tied to the U.S. National Cost of Living Index, unless special circumstances dictate otherwise. Contract Term w/Il be two years. 4.1 Preventive Maintenance - The city involved will be charged $29.50 per unit per month. The City shall pay in advance on a semiannual basis. Note, variations on above: Advance quarterly payments require a charge of $31.50 per unfit per month. Advance monthly payments require a charge of $32.50 per unfit per month. These rates will be in effect for two years. 4.2 Time and Materials Charges - Repairs of items which have failed or become defective for cause and eonctitions as follows: Acts of God (lightning, fire not caused by failure or defect in the hardware from normal wear and tear or age, excess winds, hail, Etc.) or human actions (vandalism, deliberate or inadvertent damage by outside forces, manufacturer ceases to make repair parts available) will be repaired at a time and materials basis according to the following fee schedule: Labor $75.00/hour including travel time Parts Co~ + 20% (Including without Lirrfitation, batteries) Repairs Cost + 20% (Including without limitation, radio repairs) Failed receiver/decoder circuit boards will be replaced with equivalent working boards. The City will be invoiced for time and materials charges per the above schedule for the repair or replacement of the failed board. Time and materials invoices will be delivered to the City when the siren returns to service. 4.3 Buy-In Inspection Charge - There is no buy in charge for functional units. Terms: Charges invoiced are due and payable 30 days from the date of the billing statement. Interest at the rate of fifteen percent (15%) per annum shall commence to accrue on unpaid amounts on the date such amounts are due and payable. We will accept contracts at any time throughout the year. If you agree with the terms of this contract please fill out the "Attachment 1" form, listing the Receiver/Decoder units in your city and sign both the contract and the "Attachment 1" form and return to our office at the above address. If you have any questions please call Orrin McGill at 757-3696 or Jerry Fondle at 757-6693. Sincerely, Orrin M. McGill Owner/Partner/Engineer ondie P. Sales 2227 145TH Ave. N.W. Andover, MN 55304 (612)-757-6693 (612)-757-3696 MAINTENANCE AGREEMENT FOR SIREN KECEWER~ECODERS FIXED-PRICE SERVICE This maintenance services agreement is made and entered into as of this day of ,19 , by and between Embedded Systems, Inc., a Minnesota corporation, of 2227 145th Avenue NW, Andover, MN 55304-3345, hereinafter referred to as "Embedded Systems, Inc.'' and the municipality of · County), Minnesota, hereinafter referred to as the ''City.'' DEFINITIONS The terms '~tJnit,'' "Receiver/Decoder," and ''Service Call" shall be defined as follows in this Agreement: "Unit" consists of the entire siren installation, i~.cluding the pole, siren: receiver/decoder, electrical service and connccuon, area around the pole and access to the site. RECEIVER/DECODER 'Receiver/Decoder" is the portion of the sire_n syst, e.m~wkic~ is receipt and transmission of' control commands aha uuormauon circuitry which actually sounds the siren. This includes the radio transceiver, the decxxier board and its power supply (including the battery backup), the antenna, the interconnecting cables and connectors and the control box. SERVICE CALL A "Service Call" is a visit to a unit with the intention and capability of performing either preventive maintenance or corrective action to the receiver/decoder. A technician making a service call shall have with him/her the tools and spare parts necessary to reasonably asstn~ a fully operational receiver/decoder at the end of the service call. It is agreed by and between the parties as follows: 1. SERVICES Embedded Systems, Inc. shall provide and the City shall compensate Embedded Systems, Inc. as hereinafter provided for the following: 1.1 PREVENTIVE MAINTENANCE -An Embedded Systems technician shall perform a to. i ction win coincide wi.' Se rel ace.,men) g inspection, the Embedded Systems technicum snan perxorm me xoaowmg operauons. 1.1.1 BATTERY REPLACEMENT - The receiver/decoder batteries will be replaced occur during the preventive maintenance mspecuon once every z years ~or rlennepm County and once every three years for Anoka County for all units maintainecl by Embedded Systems under this maintenance agreement, including those batteries which may have been replaced since the last scheduled replacement because of failure. 2227 145T11 Ave. N.W. Andover, 55304 (612)-7:$7-6693 (612)-757-3696 MA/NTENANCE AGREEMENT FOR SIREN RECEIVERfDECODERS FIXED-PRICE SERVICE Th~ maintenance services agreement is made and entered into as of.this day Of. of . , 19 ., by and between Embedded Systems, Inc., a Minnesota ¢orporataon, 2227 145th Avenue NW, Andover, MN 55304-3345, hereirmfter referred to as "Embedded Systems, Inc." and the municipality of · County), Minnesota, hereinafter referred to as the "City." DEFINITIONS The terms "Unit," "Receiver/Decoder," and "Service Call" shall be defined as follows in this A~i-eement: "Unit" consists of the entire siren installation, including the pole, siren, receiver/decoder, electrical service and connection, area around the pole and access to the s~te. RECEIVER/DECODER '~Receiver/Decoder" is the portion of the sire.n sy~e.mowkic.h, is receipt and ~~on of control commands ana maormanon aha me acuvauo~ circuitry wkich actually sounds the siren. This includes the radio transceiver, the decoder board and its power supply (including the battery backup), the antenna, the interconnecting cables and connectors and the control box. SERVICE CALL A "Service Call" is a visit to a unit wkh the intention and capabilky of peffoming either preventive maintenance or corrective action to the receiver/decoder. A technician making a service call shall have with him/her the tools and spare parts necessary to reasonably assure a fully operational receiver/decoder at the end of the It is agreed by and between the parties as follows: 1. SERX~n. CES Embedded Systems, Inc. shall provide and the City shall compensate Embedded Systems, I. nc. as hereinafter provided for the foUow~ng: PREVENTIVE MAINTENANCE -An Embedded Systems teckrfician shall perform a {~,,,,,,~ n'~i~ ins-~ection will coincide w~th the battery repmcemem scneame. ....... '~.-"--.j-,c-~ ,_ ~ .,~_.~ e..stems technician shall perform the following operauons: inspection, me ~'aoec~ue~a o~ 1.1.1 BATTERY REPLACEMENT - The receiver/decoder batteries will be replaced on a regularly scheduled basis for preventive maintenance. Battery replacement will occur dufi_ng the preventive maintenance inspection once every.2 yeas for Hermepin County and once every three years for Anoka County for alt umts maintained by Embedded Systems under this maintenance agreement, including those batteries wkich may have been replaced since the last scheduled replacement because of failure. 1.2 the 2227 145Tgi Ave. N.W. Andover, 55304 (612)-757-6693 (612)-757-3696 The next scheduled battery replacement is: for units in Anoks County - 1997 for units in Hennepin County - 1997 1.1.2 VISUAL INSPECTION - The unit will be visually inspected for damage or signs of deterioration. 1.1.3 PREVENTIVE ACTIONS - The receiver/decoder will be ~ted and actions will be taken to assure the continued reliability of ~e re~..iver/deco~.,e,r. ~Except ~din- specificany provided herein Embedded Systems will not b.e resl~, ns}o~.e, ~or P_.~ preventive actions or service to the siren or to the elecmeat servace to me umu 1.1.4 FUNCTIONAL TEST- The unit will be checked for proper operation. 1.1.5 INSPECTION REPORT - Following the inspection visit, Embedded Systems as well as other pert~,ent unit .clam. '~ms.~port.,w~. ~ mrwarc~,, immecUately if th, .umt is _not then o. pera? or. a, technician conducting such mspectaon, me umt win, wnnm me period, become inopemb, le; oth.erwise, the report will be forwarded to the City within 45 days following such mspectaons. EMERGENCY SERVICE - Embedded Systems will provide emergency service to receiver/decoder units on the following terms: 1.2.1 RESPONSE TIIvfE - Embedded Systems will respond to a need for emergency service based either the results of a routine test analysis (see paragraph 1.3 below) or a request from the City stating the apparent failure of a unit. During the storm season (March 15th through September 15th), a service call will be made within 48 hours (excluding weekends and holidays) after the report by the City of a problem. If emergency service of more than 10 ur~.'ts at one tin?e is. required ~ a result of w~nd, storm or f'~a-e damage will dedicate serrate personnel to respect ano repair the damaged units in a timely manner. Outside of the storm season, the service call will be made within five (5) business days of the report by the City of a problem, 1.2.2 SERVICED PERFORMeD-Services performed pursuant to this paragraph 1.2 will consist of anaiy~'~ of the apparent problem, repair or replacement of the parts which appear to be failed, and retest of the unit. In the ease of failures to parts other than those covered by .this ag~eme, m ('.mcl_u.ding, b,,ut n.0t ",t~:fi~de.~ failure of the siren itself or electrical servace to the umt), the C.'~ty aha/or its e~ecm will be notified as specified by the City. 1.2.3 ~SS OF REPAXR-Embedded Systems, Inc. will use its best efforts to complete repairs on the first service call. Any. repair which is not complete for any reason within two (2) weeks of a failure reportecl in writing by the City may at the option of the City be considered a breach of .t~is,a, gr?~me, nt and, shall th.ereup0.n ,be cause for the withholding of payments ko mnt~,,cle~.. ~yst, e.,m?., mc. or, al.temauveiy may, at the option of the City be cause for cancel.tataon o~ tins agreement. 2227 145TIt .A. ye. N.W. Andover, MN 55304 (612) 757-6693 (612)-757-3696 1.2.4 REPORTING-Following each emergency service response, a report will be immediately prepared by the Embedded Systems, Inc. technician and forwarded to the City describing the problem reported, the analysis of the problem and corrective actions taken, if any. 1.3 MONITORING OF TEST REPORTS-Embedded Systems, Inc. shall monitor the test reports on sirens covered by this agreement resulting from silent test~ nm by the City or by the County irt which the City is located on units described in Attachment 1: 1.3.1 FREQUENCY-Embedded Systems, Inc. will monitor silent test reports a minimum of once per week, generally on the day following the running of a ~lent test. 1.3.2 ANALYSIS-Embedded Systems, Inc. will monitor these test reporm for items which represent to Embedded Systems, Inc. known failure modes of the unit~ and for events not previously seen or explained. The appearance of such failure modes and events in such silent test reports will be treated by Embedded Systems, Inc. as a call for emergency service under paragraph 1.2. The City and the County in which the City is located are encouraged to continue to monitor the operation of each siren in any manner currently used (including but not limited to live ob~erve~ of monthly tests, analysis of silent test results, etc.) and to report any suspected discrepancies to Embedded Systems, Inc. These reports will also be treated as cain for emergency service under paragraph 1.2. 1.3.3 REPORTING-Embedded Systems, Inc. willprovide to the City a monthly summary of all pertinent data gathered as a result of such tests. 2. HARDWARE AND HARDWARE FAILURES AND DEFECTS COVERED 2.1 HARDWARE COVERED-Embedded Systems, Inc. shall provide repair and/or replacement for the follow-lng components of the system: 2.1.1 CONTROL BOX-The box housing the controls for the receiver/decoder unit. 2.1.2 SIREN DECODER BOARD-The receiver/decoder board, including its integral power supply. 2.1.3 BATTERY-The battery which is used to provide backup to the siren receiver/decoder board and Power to the radio. 2.1.4 RADIO-The two-way radio transceiver installed as pan of the unit. 2227 145T1t Ave. N.W. Andover, 55304 (612)-757-6693 (612)-757-3696 1.2.4 REPORTING-Following each emergency service respon.~, a report ~ be immediately prepared by the Embedded Systems, Inc. technician and forwarded to the City describing the problem reported, the analysis of the problem and corrective actionz taken, if any. 1.3 MONITORING OF TEST REPORTS-Embedded Systems, Inc. shall monitor the test repons on sirens covered by this agreement resulting from silent tests run by the City or by the County irt which the City is located on units described in Attachment 1: 1.3.1 FREQUENCY-Embedded Systems, Inc. will monitor silent test reports a minimum of one per week, generally on the day following the running of a silent tesL 1.3.2 ANALYSIS-Embedded Systems, Inc. will monitor these test repons for items which represent to Embedded Systems, Inc. known failure modes of the units and for events not previously seen or explained. The appearance of such failure modes and events in such silent test reports will be treated by Embedded Systems, Inc. as a call for emergency service under paragraph 1.2. The City and the County in which the City is located are encouraged to continue to monitor the operation of each siren in any manner currently used (including but not limited to live observers of monthly tests, analysis of silent test results, etc.) and to report any suspected ~scre!:~ncies to Embedded Systems, Inc. These reports will also be treated as eall_~ for emergency service under paragraph 1.2. 1.3.3 REPORTING-Embedded Systems, Inc. ~ill provide to the City a monthly sun'znap' of all pertinent data gathered as a result of such tests. 2. HARDW~ AND HARDW~ FAILURES AND DEFECTS COVERED 2.1 HARDWARE COVERED-Embedded Systems, Inc. shalJ provide repair and/or replacement for the follov,-i.ng components of the system: 2.1.1 CONTROL BOX-The hex housing the controls for the receiver/decoder unit. 2.1.2 SIREN DECODER BOARD-The receiver/decoder board, including its integral power supply. 2.1.3 BATTERY-The battery which is used to provide backup to the siren re. ceiver/der..oder board and power to the radio. 2.1.4 RADIO-The two-way radio ~ivet installed as part of the unit. 2227 145T11 Ave. N.W. Andover, M2N 55304 (612)-757-6693(612)-757-'3696 2.1.~ INTERCONNECTIONS-All internal connections within the ec~ntrol box including cables, fuses, and antennas which form part of the receiver/decoder system. 2.2 HARDWARE FAIl .URF_3 AND DEFECTS COVERED 2.2.1 CAUSES AND CONDmONS COVERED UNDER NORMAL charge set )ortn at pam~ph 4.1, items listed at pamgrsph 2.1 which fail due to wear and tear, age, atmospheric eon&itions such as fluctuation in ambient temperature, humidity, airborne particles, etc., or unexplained failures. 2.2.2 CAUSES AND CONDITIONS COVERED BY PAYMENT AT TI]VIE AND MATERIALS RATES-Failures and defects of a receiver/~r caused by Acts of God (lightning, fire not caused by a failure or defect in the hardware referred to in paragraph 2.1, excessive winds, haft, part obsolescence where part manufacturer discontinues supply of repair parts, etc.), or human actions (vandalism, deliberate or inadvertent damage by outside fore. es) will be repaired at a time and materials rate set forth at paragraph 4.2. Embedded Systems, Inc. shall .provide to the City reasonable sufficient evidence of the cause of the such damage prior to receipt of payment under this paragraph 2.2.2. 2,2.3 UNSERVICEABLE UN1TS-In the event that, for any reason, the Embedded Systems, Inc. technician determines that a unit is unsafe to approach or to work on, including, without limitation, improperly grounded units, units not shut off or improperly shut off, and unsafe environmental conditions of any kind, Embedded Systems, Inc. will notify the City of the problem. Embedded Systems, Inc. shall not be mspo~ble for providing a service call until such unit is serv-iceable and Embedded Systems, Inc. is notified of such fact. This agreemem is effective for two yearn from date of signing. At the end of each term the agreement will be renewed automatically for two..additional years. Eitl].er party.may~ . terminate this agr?ment without cause by provading the other ~ written nouce o~ such termination a minimum of 60 days prior to the renewal date of this agreement. Embedded Systems, Inc. will provide any changes in price or terms of this agreement a. minimum of 90 days prior to the renewal date of this agreement. Price increases will be flea to the U.S. National Cost of Living Index, unless special circumstances require increased charges. This agreement may be terminated by either party for cause upon 30 days' written notice. 2227 145TH Ave. N.W. Andover, MN 55304 (612)-757-6693 (612)-757-3696 4. CHARGES The City shall pay Embedded Symern~ Inc. the following amounts in the following manner: 4.1 MAINTENANCE CHARGE-The City will pay a sum of $29.50 .~.r. unit per month. The City shall pay in advance on a semiannual basis, and payment will be due and payable 30 days from the date of the billing statement. Interest at the rate of fifteen percent (15%) per annum shall commence to accrue on unpaid amounts on the date such amounts are due and payable. Note, variations on above: Advance quarterly payments require a charge of $31.50 per unit per month. Advance monthly payments require a charge of $32.50 per unit per month. 4.2 TIME AND MATERIALS CHARGES-Repairs of items which have failed .o.r ~co,me defective for cause and conditions not included under paragraph 2.2.1 will be billed aha payable by the City on a time and materials basis according to the following fee schedule: Labor $75.00/hour including travel time Parts Cost + 20% (Including without limitation, batteries) Repairs Cost +20% (Including without limitation, radio repairs) Failed receiver/decoder circuit boards will be replaced with equivalent working boards. The City will be invoiced for time and materials charges per the above schedule for the repair or replacement of the failed board. Time and materials invoices will be delivered to the City when the siren returns to service and will be due and payable 30 days from the date of the billing statement. Interest at the rate of fifteen percent (15%) per annum shall commence to accrue on unpaid amounts on the date such amount are due and payable. 4.3 BUY IN INSPECTION CHARGE - There will be no buy in charge for additional functional units added to this maintenance agreement. Prior to the time a receiver/decoder is included into this maintenance agreement, Embedded Systems, Inc. shall determine its functionality by means of silent test report per section !.3. In the event the receiver/decoder is inoperable Embedded Systems, Inc. will repair the unit on a time-and- material basis. This charge shall be due and payable net 30 days from the date of the billing statement. Interest at the rate of fifteen percent (15 %) per annum shall commence to accrue on unpaid amounts on the date such amounts are due and payable. 5. EMI3EDDED SYSTEMS, INC. RESPONSIBIIZTIES AND WARRANTIES All Services and product furnished to the City by Embedded Systems, Inc. shall be deemed satisfactory upon City's acceptance the.re, of and such servie~ .and. p. roducts shall be d~med. accepted and satisfactory by the City unless written notice ot oene~eney or non-ae?.ptan? dalive by City to Em d Systems, Lc. withi 30 report from Embedded Systems, Inc. p~t m...l~'a, graph .~.l? ,or paragraph. ~.z,.,~ or tins agreement. Receipt of such report by the. Ci.ty sl~.l ~ eon.cms~v.?y, ,tn~um,~ ,ca,to ~ve. occurred on the third day subsequent to the aate the ~po.rt. xs mauea~ ~,y ~_m. tn~..ea ~,ystems, Inc., postage prepaid and properly addressed to the City Manager ox me L'~ty. 1~o omer express warranty is given and no agent, employee or representative of Embedded Systems, Inc. is authorized to bind Embedded Systems, Inc. for any other or additional warranty. In the event the City provides Embedded Systems, Inc. with timely written notice of deficiency or non-acceptance of the operation of a receiver/decoder, Embedded Systems, Inc. shall use its best efforts to remedy the deficiency and/or the cause of the City's non- acceptance of the receiver/decoder. Embedded Systems, Inc. shall be entitled to continue to 2227 145TH Ave. N.W. Andover, M2q $5304 (612)-757-6693 (612)-75%3696 4. CHARGES The City shall pay Embedded Systems, Inc. the following mounts in the following manner: 4.1 MAINTENANCE CHARGE-The City will pay a sum of $29.$0 .~.r unit per month. The City shall pay in advance on a semiannual basis, and payment will be due and payable 30 days from the date of the billing statement. Interest at the rate of fifteen percent (15%) per annum shall commence to accrue on unpaid amounts on the date such mounts are due and payable. Note, variations on above: Advance quarterly payments require a charge of $31.50 Per unit Per month. Advance monthly payments require a charge of $32.50 Per unit per month. 4.2 'lIME AND MATERIALS CH.aJ~GES-Repaira of items wkieh have failed or become defective for caus~ and conditions not included under paragraph 2.2.1 veill be billed and payable by the City on a trine and materials basis according to the following fee schedule: Labor $75.00/hour including travel time Parts Cc~ + 20% (Including without limitation, batteries) Repairs Cc~ +20% (Including without limitation, radio repairs) Failed receiver/decoder circuit boards w'ill be replaced with equivalent working boards. The City will be invoiced for time and materiais charges per the above schedule for the repai.r or replacement of the failed board. Time and materials invoices will be delivered to the City when the sL-en returns to service and will be due and payable 30 days from the date of the billing statement. Interest at the rate of fifteen Percent (15%) per annum shall commence to accrue on unpaid amounts on the date such amount are due and payable. 4.3 BUY IN ENSPEC-G2ON CHARGE - There will be no buy in charge for additional functional un.its added to this mai.ntenance agreement. Prior to the time a receiver/decoder is included into tb..~s ma~tenance agreement, Embedded Systems, Inc. shall determine its functionality by means of silent test report per section 1.3. In the event the receiver/decoder is inoperable Embedded Systems, Inc. will repab the unit on a time-and- material basis. TI'tis charge shall be due and payable net 30 days from the date of the billJ_ng statement. Interest at the rate of fifteen percent (15%) per annum shall commence to accrue on unpaid amounts on the date such amounts are due and payable. 5. EMBEDDED SYSTEMS, INC. RESPONSIBILITIES AND WA. RR~NTIES All Services and product furnished to the City by Embedded Systems, Inc. shall be deemed sat~taotc~r,, urban Citw's aecevtanee thereof and such services and products shall be deemed accepted and sausfactory by the City unless written notice of defic:e, ncy or n. on:aex~_.ptan? rs report from Embedded Systems, mc. p~t to. ..g~a, graph ~.x:~ ,or paragra?t~ f"~v~ agreement. Receipt of such.report by the. Oi.ty.s ~t~, lve eon.clus~v.,eiy, ,gre~am,~ ,~ ~ e~___ occurred on the third day subsequent to the crate me report rs mmiea vy r_,mveoaeo ~y~erns, Inc., postage prepaid and properly addressed to the City Manager of the City. No other express warranty is given and no agent, employee or representative of Embedded Systems, Inc. is authorized to bind Embedded Systems, Inc. for any other or additional warranty. In the event the City provides Embedded Systems, Inc. with timely written notice of deficiency or non-acceptance of the operati .on of a receiv.er/decoder,,E.m ~b~..d,_ed~ Systems, Inc. shall use its best efforts to remedy the deficiency and/or the cause et the t~ry s non- acceptance of the receiver/decoder. Embedded Systems, Inc. shall be entitled to continue to 2227 145T1t Ave. N.W. Andover, MN 55304 (612)-7:$7-6693 (612)-7:$7-3696 attempt to remedy any deficiencies for so long a period of time as, in the reasonable jf. unhUdgment of Embedded Systems, Inc., such attempt is justified. If Embedded S,y,stems, Inc. er reasonably determines that the nature of the deficiency preclu, des.~meciy, ?,y correction or modification then Embedded Systems, In.e: shall have .tlae ng~t to ,nail~,~usry its warranty obligation hereunder by rebinding to the .City all. sums mcun~.. ,ar}.a .l~aa. ~,or , maintenance service of the unit si.nee the most recent mspectaon or test wmcn mcucatea suen unit to be operating improperly. Embedded Systems, Inc. shall have a continuing duty to_supply.the, city .with the ~leph, one and facsimile machine numbers of Embedded Systems, Inc. ana o~ any changes o~ SUCh numbers. 6. crlw RESPONSIBILITIES AND WARR. AN'IIES City shall have the continuing duty to designate one or more persons employed by or under the control of the City who shall have the duty of ae6ng on behalf of the City as a point(s) of contact with Embedded Systems, Inc. personnel to assure the e. xpediti.ous, ex~ufio, n of the, work required by this agreement. Further, the city shall ha.ve ~.e eon, tm ,u;mg oury to ~sup?,y. _ Embedded Systems, Inc. at all times with a current, up-to-aate last o~ SUCh persons. ~ucn shall include, at a minimum, the name, telephone number, facsimile machine number and address of each such person and times of the day and week that each such person eau be contacted by Embedded Systems, Inc. personnel for purposes set out in this agreement. City shall make easily available to Embedded Systems, Inc., in emergency situations, on holidays, and otherwise, any keys, permissions, or other requirements for access to the equipment to be maintained under this agreement. City shall at its expense provide Embedded Systems, Inc. with siren numbers and locations for all units covered by this agreement. City further warrants that it is free, as of the date of this agreement, of any contractual obligations that would prevent it from entering into this agreement, and that the offer of Embedded Systems, Inc. to provide maintenance services anct/or products in connection .with this agreement in no way has caused or induced or will cause or induce the City to breach any contractual duties or obligations. 7. IND~ AND HOLD HARMLESS Embedded Systems, Inc. shall defend, indemnify and hold harmless City from and against Inc. of the performance of its ol~ligatlon una~r tn.ts agreement, c~ty snaa oe~ena, m and hold harmless Embedded Systems, Inc. from and against any and all liability, damage, claims, or loss including reasonable attorney's fees and costs, arising from or related in any way to the ownership, operation or .use by. City of the ur~ts and,rel.ate~xi~ ,e.c,l.,uipm?,t co,.,v,[re~._ by this agreement, or arising from or relatea m any way to me neg~ee~ o~ ~azture o~ me ~ary to properly maintain the parts of the unit other than the receiver/decoder. The obligations of the parties under this paragraph 7 shall continue in full force and effect notwithstanding the termination of this agreement. 8. GENERAL 8.1 Any assignment of this agreement without the express written mutual consent of City and Embedded Systems, Inc. shall be void. 8.2 Any notice herein required or permitted to be given or served by either party hereto upon the other shall be deemed given or served in accordance with he provisions of this a~reement if delivered personally, if to Embedded Systems, Inc., to an o~cer of 2227 145TIt Ave. N.W. Andover, 55304 (612)-757-6693 (612)-757-3696 Embedded Systems, Inc. or, if to the City, to the City Manager, Treasurer, or Finance Director of the City or if mailed, in a sealed envelope by United States Po~l Service mail, by eert~ed mail, return receipt requested, postage paid and addressed to the party. to whom the notice is directed at the location designated .for suc.h ~ on the face of this agreement, or such other location a~ either party may designate m writing. 8.3 Neither party shall be liable for failure to comply with any of the terms of this agreement when such failure has been caused by fire, war, insurrection, government restrictions, force majeure, Act of God or other cause, beyond the control and not due to the fault of either party involved, provided such party uses due diligence to remedy such default. 8.4 In the event any one or more of the provisions of this agreement should be ruled by a court of competent jurisdiction in the State of Minnesota to be invalid, illegal or unenforceable, the validity, legality and enforceability of'the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.5 This Agreement may be amended only by an instrument in writing executed by City and Embedded Systems, Inc. 8.6 This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8.7 City acknowledges that it has read this .Agreement, .under~. ~ it and a .gr~s to be., bound by its terms, and further agrees that it represents me entire Agreement I~etween me pa .r~. '.. ' es and supersedes all prior oral and written proposals and eommunication.~.. T~,e individual executing this agreement by and on behalf of the respective parties l~eret~y tsp. cifically represent that they ar~ acting officers of such. .p~. '.es authorized to execute agreement, holding the offices indicated by the official Utles beneath their signatures below, and further represent that upon the complete execution of this agreement the party intended to be bound by this agreement by such individual will in fact be bound. 8.8 This agreement may be executed in several identical counterparts, and all of said counterparts executed and delivered, each as an original and complete in itself, shall constitute but one and the same instrument, and any such counterpart may be introduced in evidence, proved, recorded or used for any purpose without the production of any other counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. By: ~. ~DED SYSTEMS, INC. McGill Title: Title: Owner/Partner Accepted by City this day of ,19 Accepted by Embedded Systems, Inc. this , 2227 145TH Ave. N.W. Ando v r, M2q 55304 (612)-7574693 (612)-757 3696 Embedded Systems, Inc. or, if to the City, to the City Manager, Treasurer, or Finance Dir~tor of the City or if mailed, in a sealed envelope by United States Postal Service to whom the notice i~ directea at me loeauon agreement, or such other location a~ either party may oeslgnate m wnuns. Neither shall be tiable for failure to comply with any of the terms of this 8.3 ' party . insurrection, overnment agreement when such failure has ?_enfiau-~., by fire, w~L_~ ,~,, ~,~,n~tro~ and not due to restrictions, for~e maje .ute, A, ct ,mtsc, a. o,r ?tner, ~_u~_.,,o~,,~,~e~nce to remedy such the fault of either parry mvoivea, provmea SUCh default. 8.4 In the event any one or more of the provisions of th~ agreement should be ruled by a court of competent jurisdiction in the State of Minnesota to be invalid, illegal or unenforceable, the validity, legality and enforceability or'the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.5 Th~ Agreement may be amended only by an instrument in writing executed by City and Embedded Sy~errm, Inc. 8.6 This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8.7 City acknowledges that it h~ read this Agreement, understands it and agrees to be bound by its terms, and further agrees that it represents the entire Agreement between the mPar~v~idual executing t.his a .~ement ~.y ana~n oen_a~_o.~_~u~~t~'~ze~ to execute e,-~e~eallv re~resent that mey are acung ".fl ...... ~ : ~ ,a:__ .~.~ ,.,gace,$ indicated by ti'lc Ot'TlCl8.1 ~lHe$ oeneam um~ ~.~ ..... tl'kl$ agreemet'l[, nolcl.mg mc ~ party intended to be bouna ~y txts agreemem 8.8 Th_is agreement may be executed in several identical counterparts, and all of said counterparts executed a_nd deliverecl, each a.s an original and complete in itself, shall t but one and the same instrument, and any such counterpart may be intrcx:luced ¢onstitu e .... ~. .......... without the r~roduction of any other in evfdence, provea, recomea or usec ~r counterparts. IN W1TNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year flu-st above written. By: E~DED SYSTEMS, INC. Title: Title: Owner/Partner Accepted by City th.is day of_ ,19__ Accepted by Embedded Systems, Inc. th.is ATTACHMENT 1 - UNITS COVERED This agreement includes the following units: Unit Number ,I. xw~fion CITY By: Title: EMBEDDED SYSTEMS, INC. CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Close Hearing, License Revocation BY: Lowell DeMars NO: d' a ' I ~ DATE: Jan 7, 1997 · Previously, the City Council established a hearing date of January 13, 1997 for revocation or suspension of a rental license held by Kurt Lowenthal regarding his rental property at 1407-09 Circle Terrace NE. The property owner has now complied with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by the Kurt Lowenthal Regarding Rental Property at 1407-09 Circle Terrace NE in that the Property Owner has Complied with Provisions of the Housing Maintenance Code. 97 -2 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/13/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ITEM: ~ST~CT PA~G ON BY: M. W~son BY' DA~: 1/7/97 DA~E Envelope Specialties, Inc. has requested "No Parking" signs on both the south and north sides of their driveway on 5th Street. Currently vehicles park very close to the driveway making it difficult for trucks to leave the facility. The request for the restriction south of the driveway is to enable trucks to go south on 5th Street to 37th Avenue and avoid the residential area ninth on 5th Street as well as the intersection at 40th Avenue and 5th Street. A Public Hearing was held and no one was present to oppose the parking restriction. RECOMMENDED MOTION: Move to designate the west side of 5th Street as "No Parking" at the driveway for 455 37th Avenue from 40' south of the driveway to 38th Avenue, based on the recommendation of the Traffic Commission. MAW:jb 97-013 COUNCIL ACTION: ENVELOPE SPECIALTIES INC. ,?;5 37:h 4v~n.:e REOF_!V . 0CT 0 ? 1996 PUBLIC WORKS October 4, 1996 City of Columbia Heights Public Works Department Mr. Mark Winson, PE 637 38th Avenue NE Columbia Heights MN 55421 Dear Mr. Winson: We are requesting no parking signs to be located on both sides of the exit driveway for the building at 455 37th Avenue NE. The exit drive- way is on the Fifth St. side of the building. These signs will accomodate the trucks that are leaving our facility. I have enclosed pictures of how close the cars park to the driveway. The cars are usually on both sides, making it difficult for trucks to maneuver either direction. Sincerely, Mary Jo Miske President CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION.:t CONS ENT NO. ri'EM: Proposed Ordinance No. 1337 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson c~ DATE: January 7, 1997 CITY MANAGER APPROVAL: . ,~,/ DATE: Attached is a proposed ordinance amending Section 8.203 of the Public Health and Safety Ordinance, adding a section relating to the removal of graffiti. This ordinance makes it unlawful for the unpermitted application of any drawing, inscription, figure, or mark upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, privately or publicly owner. In addition, it directs the removal of graffiti within two business days of the discovery or notification of the presence of graffiti. This proposed ordinance had its first reading on December 2, 1996. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1337, being an ordinance regulating the removal of graffiti. TMJ:mld 97-021 Attachment COUNCIL ACTION: ORDINANCE NO. 1337 BEING AN ORDINANCE REGULATING THE REMOVAL OF GRAFFITI The City of Columbia Heights does ordain: Section 1: An amendment to Section 8.203 of the Public Health and Safety Ordinance adding the following: 8.203 (11) Graffiti: Subdivision 1, Definition: For purposes of this section, graffiti is defined as the unpermitted application of any drawing, inscription, figure or mark upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned. Subdivision 2, Prohibition: Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance. Section 2: Effective date: This ordinance shall be in full force and effect from and after the date of its passage and publication. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: December 2, 1996 Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: JANUARY 13r 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: 4 ASSESSING APPROVAL ITEM:RESOLUTION ESTABLISHING SENIOR BY: JANE GLEASON BY: ; ~ ~ CITIZENS OR RETIRED & DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DATE: DECEMBER 21, 1996 DEFERRAL In 1982, the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level was updated by resolution 95- 86. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount to $16,600, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $16,300. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97-02 establishing a new maximum income of $16,600 for senior or retired and disabled persons to be eligible for special assessment deferral. COLrNCIL ACTION: jg\files\srdefer, res RESOLUTION NO. 97 - 02 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AATD DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERR3%L Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes §435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3 o This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City of Columbia Heights Assessment Clerk shall prescribe the appropriate form. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7o The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: ao the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. jg\files\srdefer, res Resolution No. 97-02 Page 2 8 o No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. ~ The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from alt sources in excess of $16,600.00 1i. 12. 13. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute §435.195 and this Resolution. Passed this Offered by: Seconded by: Roll Call: !3TH day of JAI~JARY , 19 9__2~7. Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary I hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Columbia Heights on the day of , 19 William J. Elrite, City Clerk jg\files\srdefer, res CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO:-- CONSSNI CITY MANAGER' S APPROVAL i~: ~o~.~ D~ ~o~ ~oci~io~ o~ ~Y: ~. ~H~T ~Y: ~/~ ~TROPOLIT~ ~NICIP~iTIES DATE: 1- 8- 97 DATE: The City Council budgets annually membership in special legislative and municipal policy organizations. In the past, Columbia Heights has belonged to the National League of Cities, League of Minnesota Cities, North Metro Mayors Association, the Association of Metropolitan Municipalities, and the Suburban Rate Authority. The membership dues for 1997 for the Association of Metropolitan Municipalities is $5,008. This is an increase from $4,958 for 1996. There are sufficient funds budgeted to cover this membership. RECOMMENDED MOTION: Move to approve the 1997 dues for the Association of Metropolitan Municipalities in the amount of $5,008 with funds to come from 10!-4110-4330. COUNCIL ACTION: Association Hetropolitan Hunicipalities Board of D?reclors Pres/den/ Tom Egon Eagan Vice Pres/den/ Jim Prosser t~ich field Pas! Pres/dent Joan Campbell A4/nneapotis D/rec/or.s Ch uck Armstrong Paul Frank Boy/es Przbr Zake Jack Denzer Cot/age Grove Susan Hoyl Falcon Ann L enczewski Blooming/on Oerotd O/ten Ne w Hope .Ion~ce Re/tmon SL Paul A4ork So/her H/hire Be ar lake l'en-y Schneider ~l/nne /on2o December 26, 1996 Mr. Walter Fehst Manager 590 40th Ave NE Columbia Heights, MN 55421 Dear Walter: I am privileged as President of the Association of Metropolitan Municipalities (AMM) to write this letter to transmit your 1997 AMM Dues Statement. The AMM is in its 23rd year of service and its record of success and accomplishments on behalf of metro cities is one of which we can be proud. 1997 will present may challenges and opportunities for metro cities and the AMM. High on the priority list for AMM lobbying efforts in 1997 include preservation of HACA and LGA, property tax reform, increased funding for transportation/transit needs and preservation of economic development tools including TIF. The AMM will continue to represent your interests on these important concerns during the 1997 Session. The AMM must also continue to be a strong and unified voice in helping to shape the metropolitan agenda including the metro legislative agenda. The AMM must be a leader in dealing with urban issues and implementation of the gro~vth management strategies and the Livable Communities Act. Kirk $chnitker Champ/in ~everly Schul/z Sincerely, ~aypor/ ~ ~'~ ~///i~m Thompson Coon E/wym T/nklenber~ S/a~ne Yohn Weaver Anoka The AMM is your organization and can only be effective in preserving local control and enhancing cities' ability to provide needed services to constituents through your active participation and financial support. I look for~vard to working with you and your mayor and councilmembers in the year ahead. Univeniq Avenue West laillt Paul, Hinnesora o -zo44 z] -4000 DUES STATEMENT FOR 1997 Columbia Heights 145 University Avenue West St. Paul, Minnesota 55'103-2044 As required by the AMM By-Laws, The Board of Directors has established the 1997 dues schedule. The dues are equal to 52% of a cities League of Minnesota Cities dues with a 1% minimum increase over 1996 and the amount shown is the same as the figure transmitted to you last July for budget plam~ing purposes. The total dues increase for the AMM is 2.6% over 1996. Individual City amounts vary depending on population changes. The membership dues in the Association of Metropolitan Municipalities for the year beginning January 1, 1997 and ending December 31, 1997 are $5,008 for the Cit3~ of Columbia Heights. I declare under the penalties of law that the foregoing amount is just and correct and that no part of it has been paid. Vern Peterson, Executive Director Association of Metropolitan Municipalities TO CITY COUNCIL JANUARY 13, 1997 *'Signed Waiver Form Accompanied Application 1997 BUSINESS LICENSE AGENDA APPROVED BY CIGARETTE SALES LICENSED AT FEES SAFETY AND HEALTH James J. Sarna .... K-Mart Corporation 2325 N.E. 37th Avenue 4747 Central Avenue 30.00 30.00 CONTRACTORS BUILDING OFFICIAL Albers Sheetmetal & Ventilating *All Fire Test Inc. *Anderson Heating and Air *R.Anderson & Sons Co, Inc. *Blaine Heating and Air *Carl Bolander & Sons Co. C & S Blacktopping, Inc. *Centraire Heating & Air *Central Plumbing, Inc. *Century Plumbing Cronstrom's Heating and Air *Crosstown Plumbing, Inc. *Crosstown Sign *Diamond Power Mech., Inc. *Bill Fignar Plumbing Co. *Louis DeGidio Services, Inc. *Fireside Corner *G.R. Mechanical *Gene's Water & Sewer *Gresser Concrete/Masonry *Harris Air Systems Co. Hinding Heating and Air .*Home Energy Center *R.A. Johnson & Son Plumbing *K.E. Construction Kath Heating and Air *Kraus-Andersan Construction *LBP Mechanical, Inc. *Lawrence Signs *M & D Plumbing & Heating *McGough Construction Co., Inc. *R.J. Miller Plumbing & Heating *Minnegasco *Norbtom Plumbing 200 West Plato Blvd. 915 Washington Ave. N. 4347 Central Avenue 930 Duluth Street 13562 Central Avenue 251 Starkey Street 14435 Northdale Blvd. 7402 Washington Ave. 2800 Freeway Blvd. 444 Maple Street 6437 Goodrich Ave. 16530 - 105th Avenue N. 10166 Central Avenue 8375 Sunset Rd. 2844 Johnson St. N.E. 6501 Cedar Avenue S. 2700 N. Fairview 12055 Tilton Trail 3134 California St. N.E. 1771 Yankee Doodle Rd. 2300 Territorial Rd. 915 W. 7th Street 15200 - 25th Ave. W. 25 Crescent Street 849 W. 77th Street 3096 Rice Street 525 S. Eighth Street 315 Royalston Ave. 945 Pierce Butler Route 11050 - 26th St. N.E. 2737 N. Fairview Ave. 834 N.E. 40th Avenue 800 LaSalle Avenue 2905 Garfield Avenue S. ¢1L).00 40.00 40.0O 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 '40.00 40.00 40.OO 40.00 40.00 40.00 License Agenda, Page 2 APPROVED BY CONTRACTORS *Nova-Frost,inc. *P R Construction, Inc. *Plymouth Plumbing *Preferred Mechanical Services *Richfield Plumbing Co. *Rick's Plumbing, Inc. Roto-Rooter Services Royalton Heating & Cooling *Sedgwick Heating and Air *Seitz Bros, Inc. *Suburban Air Conditioning *Suburban Lighting LICENSED AT 1510 - 5th Avenue 111 Third Ave. S. 8909 Winnetka Ave. N. 7643 Logan Avenue S. 509 W. 77th St. 1701 - 221st Ave. N.W. 14530 - 27th Avenue N. 4120 - 85th Avenue N. 8910 Wentworth Ave. N. 8600 Xylon Avenue N. 8419 Center Drive 6077 Lake Elmo Ave. N. FEES 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 POLICE DEPARTMENT MOTOR VEHICLE SALES *30 Minute Muffler Service 843 N.E. 40th Avenue POLICE DEPARTMENT TAXICAB DRIVERS *Michael Troy Hansen *Frank Clark Meyer *Ivan Micklin *Scott Daniel Paulson *Mark O'Neil Seaton *Jeffrey James Swanberg *Kathleen Marie Thibodeau *DuWayne Leonard Urban 37 - 23rd Avenue N.E. 1248 - 95th Avenue N.E. 2685 W. County Rd. H2 2110 Connell Avenue 1319 Circle Terrace 3319 Pleasant Ave. S. 3551 N.E. 2nd Street 3307 - 6th Street N. POLICE DEPARTMENT TAXICAB VEHICLES *Ivan Micklin *North Suburban Services, L.L.C. 2685 W. Cty. Rd. H2 7955 Riverdale Drive t vehicle I vehicle License Agenda, Page 3 APPROVED BY ZONING ADMINISTRATOR TRUCK/TRAILER RENTALS *Mpls. Auto Works, Inc. *30 Minute Muffler Service LICENSED AT 660 N.E. 39th Ave. 5101 University Ave. FEES. license, ag TO: FROM: SUBJECT: DATE: WALT FEHST, CITY MANAGER LOWE!J~ DEMARS RENTAL HOUSING LICENSES JANUARY 13, 1997 THE OWNERS OF THE FOI J.OWING RENTAL PROPERTIES HAVE COMPLIED WITH THE RE-LICENSING AND/OR LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS HOUSING MAINTENANCE CODE. I AM REQUESTING THAT THEY BE PLACED ON THE NEXT COUNCIL AGENDA FOR APPROVAL: BASSIN, IRVING CRESTVIEW HOME GRAMMITH, CHARLES KING-SMITH, RUTH KLENERT, ELIZABETH MORAN, DAVID NORTHEAST SENIOR HSG. OLSON, DEAN M. SHATTUCK, DANIEL SOWADA, MARVIN 543 40TH AVENUE F-2007 4458 RESERVOIR F-2013 529 MII~L F-2011 539 40TH AVENUE F-2000 4957 TYLER F-2021 4305 UNIVERSITY F-2012 3850 S~SON F-2020 1005-'~0-~' A~~ F-2005 _ _626 40~ ~XVENUE F-2019 1000 50TH AVENUE F-2014 CITY OF COLUMBIA HEIGHTS January 13, 1997 Meeting of: AGENDA SECTION: ITEMS FOR ORIGINATING DEPT.: CITY MANAGER NO: q CONSIDERATION Comm. Devel. Dept. APPROVAL t, ITEM: Commissioner Appointment to the BY: Ken Anderson ~ BY:~/~ DATE: Jan. 3, 1997 NO: ~- Each year in the month of January there is at least one term which ends for the commissioners which serve on the Columbia Heights Economic Development Authority (EDA). The EDA was initially established on January 8, 1996. Commissioner Sebe Heintz's term ends on January 8, 1997. At the time the EDA was created it was the intention of the City Council to have all five members of the Council serve on the seven member board of commissioners. Currently all four City Council- members serve on the EDA. Councilmember Don Jolly was the last appointment made to fill the vacancy left by Commissioner Don Murzyn in May of 1996. The Mayor remains as the final member of the Council yet to be appointed to the EDA. Attached for additional background information are Resolutions 96-01 and 96-03 which created the EDA and established the initial terms for the board of commissioners. Also attached is a copy of the recommended Resolution 97- Pursuant to Minnesota Statutes, Chapter 469 (Act), the Mayor makes the appointment of the commissioner to the EDA subject to the approval of the City Council. The Act establishes all terms to be six years in duration. Accordingly, staff is recommending the Mayor appoint himself to the EDA for the term expiring on January 8, 2003. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 97- .._, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to adopt Resolution 97- , Being a Resolution Approving the Appointment of Commissioner Joseph Sturdevant to the Columbia Heights Economic Development Authority. COUNCIL ACTION: %bt\council.for RESOLUTION 97 - BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONER JOSEPH STURDEVANTTO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, the city has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an Economic Development Authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes, Chapter 469 (Act). WHEREAS, the Enabling Resolution provides that the Board of Commissioners of the EDA consists of seven members, at least two, but not more than five, of whom must be members of the City Council. WHEREAS, the Mayor has this day appointed the following person as commissioner of the EDA for the term as indicated: Joseph Sturdevant Term ending January 8, 2003 Notwithstanding the above designation of term, the term of Commissioner Sturdevant, who is the Mayor and member of the City Council, shall coincide with his respective term of office as the Mayor. THEREFORE, BE IT RESOLVED that the City Council hereby approves the appointment of Joseph Sturdevant as commissioner of the EDA for the term as indicated herein. Passed this day of , 1997. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS RF. SOLUTION NO. _~01 RF.~DLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED By the Ci~'y Cou.=c'tl o~ t. he CIt'7 of Columbia H~igh~s, ~-,w$om (City") a~ follows: Section. Ba;_~ ~md: Ftndin~ · 1.01. The City i~ authorized by M~-esota Stanttes, Chapter 469 (Ac~) to econom/c deve/opmen~ an= re~ev~opn~n~ m--~- --- ~" to ~he o~erly d P - ~ au~o~z~ by ~e Act. ,,. ,-~... ,'~-,, r'ouncil has in accor~_*~,ce with the Act provided pubB.c · ~'~' ~."' "':J.." ...... ,,n-~-- e 1 96- concerntn~ the e~mbl~hmen~ of an EDA at which an person~ w,J-,-~ -,~ ,.,,= ---- -~- four and fly ~. · Y - s NotwTr. hstandiu~ the a~ve ~----~.~~ u~H aD~,~ f~ ~ ~ ~ ' . .... ~-- ~--..~ 2.05, The fo[lowing limits apply to the CHEDA and its operation: (a) The s~,/e of bonds or o'r..heT ob~/&'~'l::lons of ~ CH~A (b) The CH~A ~ lo,ow ~ bud~ ~s fo~ C~ ~o~ ~ ~e CI~ ~~~ve p~ ~ ~ ~n~ (d) The CH~A ~st sub~t i~ p~ for deviant ~evelopmen~ to ~e ~ ~~ for app~ ~ ac~~ ~ ~ty (e) The CH~A sbsll nol ~ ~n~t or t~~ ~thout p~r app~ by the CiW ~. (f) The ad~~tive s~c~ ~ ~n~ p~a ~H~es of ~e C~DA ~st ~ app~v~ by ~e Ci~ ~r the obH~fio~ of ~e CiW or ~e Hou~ ~d E~eve~nt Autho~W fo~ ~e ~ty of ~lum~ Heights (HRA) ~der ~7 of ~ ~=t~ or to ~7 de~e=~l ~er ~e ~ghta ~d p~e~s of a holder ~ a ~=d or o~er ob~fion he~tofo~ ~eued ~y ~e ~W or ~ Section 3. Imple~n~on. 3.01. The ~ ~ ~ f~m ~e ~o ~ ~d at ~e app~p~te ~e adopt auch o~~ ~d ~solu~ons as a~ ~~ and ~tte~ ~7 the A~t lo ~ve f~ effect ~o ~s ~lufion. 3.02. The ~yor, the ~r,~d other app~p~te ~W ~= auto.zed ~d ~cted to ~e ~e action ~d ~e~te ~d 4eMver the =e~s~ to ~ve full ~feet to ~ ~solufion. 3.03. Not~ ~ th~~ ~solufion ~ ~tend~ ~ p~vent ~ mo~g ~ e~b~ ~soluflon to ~e new or ~fe~nt ~~=s CHEDA ~ auto,zed ~7 ~e ACT. App~v~ by the ~t7 ~~ of ~e ~ of ~l~b~ H~ ~s 8th ~7 of Janua~ 1996. Offered by: Ruettimann Seconded by: Paterson Roll call: All ayes -Ann~e Student, Counciq~$ecretary ayor ~'osepia Sturdevant RESOLUTION NO. 96-03 BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONERS OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as follows: The City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an economic development authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes, Chapter 469 (Act). The Enabling Resolution provides that the board of commissioners of the EDA consists of seven members, at least two, but not more than five, of whom must be members of the City Council. The Mayor has this day appointed the following commissioners of the EDA for the initial terms as indicated: Sebe Heintz Donald J. Murzyn, Jr. Richard Dustin Pat Jindra Meg Jones Gary Peterson Bob Ruettimann Term ending January 8, 1997 Term ending January 8, 1998 Term ending January 8, 1999 Term ending January 8, 2000 Term ending January 8, 2001 Term ending January 8, 2002 Term ending January 8, 2002 Notwithstanding the above designation of terms, the term of Commissioners Peterson, Ruettimann and Jones, who are members of the City Council, shall coincide with their respective terms of office as a City Counci!member. The Council hereby approves appointment of the above- named persons as commissioners of the EDA for the terms as indicated herein. Offered by: Seconded by: Roll call: Jolly Ruettimann Ail ayes ne Student-, ~TCtIncil or' Joseph St~rdevant Secretary CITY COUNCIL LETTER Meeting of January 13, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER I TENS FOR Fire APPROVAL ~ CONS I DERATION NO: ! ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars BY:~///~.~/- Rental License Revocation DATE: Jan 8, 1997 DATE: NO: r/. ¢,... ,k Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Francis Job regarding rental property at 4017 NE 6th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 97- ample copies available to the public. , there being RECOMMENDED MOTION: Move to adopt Resolution No. 97- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Francis Job Regarding Rental Property at 4017 NE 6th Su'eet. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Francis Job Regarding Rental Property at 4017 NE 6th Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. 97-4 COUNCIL ACTION: RESOLUTION 97- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(t) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY FRANCIS JOB, (H]EREINAFrER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4017 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRrrI]EN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO TI-lIE LICENSE HOLDER ON DECEMBER 30, 1996 OF A PUBLIC HEARING TO BE HELD ON JANUARY 13, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES TIlE FOLLOWING: FINDINGS OF FACT 1. That on JULY 17, 1996, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4017 6TH STREET, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by FRANCIS JOB. 2. That on September 16, 1996, and November 20, 1996, the owner Mr. Francis Job cancelled the re-inspections scheduled for these dates, and on January 7, t997, inspector Gary Gorman conducted a final pm-revocation hearing inspection of the property in which code violations dated july 17, 1996 remained uncorrected. 3. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: A. FAILURE TO CORRECT THE FOLLOWING HOUSING CODE VIOLATIONS 1. Wood trim around bathroom window rotted/deteriorated 2. Tile on bathroom walls deteriorated, falling off 3. Bathroom walls deteriorated from moisture buildup 4. Roof leaking over kitchen area. (on-going 3 years) 5. Kitchen ceiling damaged from on-going roof leak 6. Kitchen light fixture affected from roof leak 7. Basement stairway unprotected against f'we travel 8. Several damaged window screens on structure 9. Aluminum soffit south side loose. Full of bird nests 10. Damaged window glass on side entry door 11. Aluminum facia missing on south gable peak B. FAILURE TO SUBMIT $120.00 IN RE-INSPECTION FEES 4. That all parties, including' the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4017 6th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIl. 1. The rental license belonging to the License Holder described herein and identified by license number F-1851-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CHRONOLOGICAL LOG ' OWNER: FRANCIS JOB ADDRESS: 4017 6TH STREET 5-31-96 6-1-96 6-27-96 7-16-96 7-17-96 7-29-96 8-16-96 9-3-96 9-16-96 10-18-96 11-20-96 12-2-96 12-2-96 12-5-96 12-16-96 12-30-96 12-30-96 12-31-96 1-6-97 OWNER MAILED NOTICE OF REQUEST FOR ANNUAL INSPECTION OWNER MAILRD RE-LICENSING APPLICATION DUE 7-1-96 OWNER I~IAILED 2ND NOTICE OF REQUEST FOR ANNUAL INSPECTION OWNER MAILED 2ND RE-LICENSING APPLICATION REQUEST ANNUAL RE-LICENSING INSPECTION PERFORMED OWNER MAILRD NOTICE OF DEFICIENCIES ON PROPERTY. RE- INSPECTION SCHEDULED FOR 9-16-96. OWNER MAILED FINAL RELICENSING APPLICATION VIA CERTIFIED MAIL RE-LICENSING APPLICATION RECEIVED WITH LATE FEES OWNER CANCELLED RE-INSPECTION DUE TO RECENT HEART ATTACK. WOULD CALL TO RESCHEDULE. OWNER FAILED TO RESCHEDUI~ INSPECTION. SECOND NOTICE OF VIOLATION MAILED. RE-INSPECTION DATE SET FOR NOVEMBER 20, 1996. OWNER CALLED TO CANCEL SCHEDULED INSPECTION FOR TODAY. OWNER MAr[.RD 3RD NOTICE OF COMPLIANCE ORDER WITH INITIAL NOTICE OF REVOCATION HEARING DATE AND DATE OF FINAL PRE- REVOCATION HEARING INSPECTION VIA CERTIFIED MAIL. $40.00 RE-INSPECTION FEE ASSESSED. TENANT MAIl .RD COPY OF ABOVE NOTICE TO OWNER OWNER SIGNS FOR RECEIPT OF CERTIFIED LETrER MAIl,RD 12-2-96 REQUESTED REVOCATION HEARING DATE AT COUNCIL MEETING OWNER MAILED OFFICIAL NOTICE OF REVOCATION HEARING AND STATEMENT OF CAUSE VIA CERTIFIED MAIL TENANT MAr[.RD COPY OF ABOVE NOTICE TO OWNER. OWNER SIGNED FOR RECEnYr OF CERTIFIED LE'I'rF_,R MAILED 12-30-96 TENANT CALLED ASKING FOR HEARING TO BE CANCELLED AS HE WAS WORKING ON CORRECTING PROBLEMS. TOLD HIM WE WOULD MAKE THE SCHEDULED FINAL INSPECTION ON 1-7-97 AND WOULD ASSESS THE SITUATION AT THAT TIME. 1-7-97 INSPECTOR GORMAN PERFORMED FINAL INSPECTION OF PROPERTY. OF 16 INITIAL ISSUES, 4 ITEMS HAD BEEN CORRECTED, ALL MINOR ISSUES, MOTORCYCLE FRAME REMOVED FROM YARD, RECEPTACLE COVER REPLACED, GARAGE SERVICE DOOR WINDOW REPLACED, ABANDONED HOT WATER II]EATER REMOVED FROM BASESfENT. 1-8-96 BECAUSE OF THE MINIMAL REPAIRS THAT WERE MADE TO TIlE PROPERTY IT IS DECIDED TO GO AHEAD WITH THE REVOCATION HEARING CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: .d~ ITEMS FOR ORIGINATING DEPARTMENT: CITY MANAGER'S NO:'~ ~QN$1DI~RATI ON ADMINISTRATION APPROVAL ITEM: IMPLEMENT PENALTIES ON U.S. WEST FOR BY: LIN DA L. MAG EE ~]~~/BY: VIOLATIONS OF THE CABLE FRANCHISE DATE: 1-7-97 ~% DATE No: -/ . . On November 15, 1996, we were notified that the Continental Cablevi~fon, Inc. transfer to U.S. West Communications, Inc. closed that day. The closing occurred despite the fact that the City's Cable Attorney, Tom Creighton, made it clear to the parties involved that such closing would constitute a violation of the cable franchise. In accordance with state and federal law, the cable franchise requires that any franchise transfer or transfer of ownership or control of the franchise holder be approved by the municipality. Although the City of Colu_mfoia Heights had approved the proposed merger, approval was specifically conditioned upon receipt of all necessary waivers, authorizations, or other approvals. At their meeting of November 21, 1996, the Telecommunications Commission reviewed and discussed the attached information relative to the merger. After much discussion (see attached minutes of Telecommunications Cormmission Meeting), the commission passed a motion finding U.S. West in violation of the franchise as they did not receive the City's consent on the Transfer of Ownership, and recormmending that the City Council implement penalties under Section 11.113(5) Letter of Credit, and request that staff hold the recommendation so it can be scheduled during the January council meeting cycle. RECOMMENDED MOTION: Move to find U.S. West in violation of the cable franchise as of November 15, 1996, for failure to receive consent of the City of Columbia Heights to the Transfer of Ownership, and to implement penalties under Section 11.113(5) of the franchise of $50 per day for failure to comply with the franchise. COUNCIL ACTION: BERNICK AND LIFSON, P.A. SUITE I200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL. (612) 546-1200 FAX (612) 546-1003 TO: FROM: DATE: SUBJECT: North Suburban Cable Communications Commission North Central Suburban Cable Communications Commission Quad Cities Cable Communications Commission Ramsey/Washington Counties Suburban Cable Communications Commission Burnsville/Eagan Cable Communications Commission South Washington County Cable Communications Corrm3,Jssion City of Columbia Heights 5 ~ Thomas D. Creight~ ~]'Jp~'~ November 21, 1996 ( -- US West, Inc. and Continental Cablevision, Inc. Merger Background Roughly seven months ago US West, Inc. and Continental Cablevision, Inc. (collectively the "Companies") announced that they intended to merge. The Companies requested local approval of such merger as required by the respective franchises. The Commission conducted a review of the proposed merger and made recommendations to the member municipalities. Because federal taw prohibits a Regional Bell Operating Company CRBOC") such as US West from buying a cable company within its telephone service region, the proposed transaction required the Companies to obtain a special waiver. Federal law requires that both the FCC and the affected local government review and approve a request for such waiver. The purpose of the federal law restriction is to prevent the powerful local telephone company from becoming a monopoly in the provision of both cable and telephone services and to limit anti- competitive behavior. After extensive review of the transfer request, the Commission (and ultimately the member municipalities) determined that US West was technically, financially, and legally qualified to own the Continental systems. Approval of the proposed transaction was granted upon a number of conditions, including specifically the condition that the Companies obtain "all necessary federal, State, and local government waivers, authorizations, or approvals". It was contemplated that local approval of the waiver would be required. After some delay, in August the Companies petitioned the FCC for "relief" from the federal law restriction prohibiting US West from purchasing the Continental cable systems within its telephone service region. On October 18, 1996, the FCC Cable Services Bureau granted the Companies' request without requiring the approval of either the Commission or its member municipalities. Upon the advice of legal counsel that this decision did not compIy with federal law, the Commission appealed the Bureau's decision on November 8, 1996. The Commission requested that the FCC stay the Bureau's decision pending review by the full FCC so that the Companies could not close the proposed merger in the interim. On October 18 and October 25, 1996, legal counsel for the Companies sent letters to legal counsel for the Commission indicating that the Bureau's decision satisfied the requirements of the conditional approval. Legal counsel for the Commission responded on October 28, 1996, indicating that the condition had not been satisfied because the Bureau's decision was erroneous and would be appealed. This letter clearly stated that closing the merger would constitute a franchise violation. Notwithstanding, on November 15, 1996, the Companies' legal counsel notified the Commission's legal counsel that the closing would be completed that day. The Companies gave no prior notice of the closing and, in fact, repeatedly indicated previously that the merger would close at the end of November at the earliest. The Commission's legal counsel responded via fax the same day with two letters indicating that such closing constituted violations of each of the respective franchises, and that appropriate enforcement of the franchise would be recommended to the Commission and its member municipalities. [See attached copies of correspondence.] Franchise Violation In accordance with State and federal law, the franchises require that any franchise transfer or transfer of ownership or control of the franchise-holder be approved by the member municipalities. In the present case, approval of the proposed merger was granted but was specifically conditioned upon receipt of all necessary, waivers, authorizations, or other approvals. The Commission notified the Companies that the Bureau's decision did not satisfy this condition because it failed to require local review and approval in accordance with federal law. Therefore, the Commission notified the Companies that until the appeal was finalized, the condition was not satisfied and the Companies could not close the merger. The franchises were violated when the Companies closed the merger without effective consent. 2 Note: The franchises provide for enforcement of remedies for franchise violations by the member municipalities. The Joint Powers Agreement grants the Commission authority to act on the members behalf. Remedies - City. of Columbia Heights 1. 11.103(7) - Cancellation, Termination and Expiration. The City has the right to cancel the franchise for failure by the Grantee to comply with the franchise or any order, direction or permit issued by the City pursuant to the franchise or in the event of the Grantee's sale, lease, assignment, encumbrance or mortgage of the franchise or transfer of control of the system without the consent of City. In the event the City determines that the Grantee has violated any provisions of 11.103(7) the City must give the Grantee written notice of the cause for termination of the franchise and notice of the City's intention to terminate the franchise. Thereafter, the Grantee has 30 days from the receipt of the notice to cure the cause for termination. If the Grantee fails to cure within 30 days, the City may elect to terminate the franchise. The Grantee must be provided with an opportunity to be heard at a public hearing prior to termination by the City Council. 2. 11.113(5) - Letter of Credit. The Grantee was required to provide a letter of credit in the amount of $50,000.00 providing that funds be paid to City, upon written demand by City, in an amount solely determined by the City. The City may impose monetary penalties in the amount of $50.00 per day for failure to comply with any provision of the franchise. Whenever the City finds that the Grantee has violated the franchise, the City must provide a written notice to the Grantee informing it of the violation. At any time after three days following such notice, the City may draw penalties from the letter of credit. Whenever a penalty has been assessed, the Grantee may, within 10 days of notice, inform the City that there is a dispute as to whether a violation has occurred. The Grantee must specifically identify the basis for the dispute. Thereafter, the City must hear the Grantee's dispute at the next regularly scheduled Council meeting. The City must issue written findings of fact. 3 In the event the City determines that no violation has taken place, the City must refund amounts drawn from the letter of credit. In the event the City draws on the letter of credit, the Grantee must replace such amounts within 10 business days. Remedies - North Central Cable Communications Commission, North Suburban Cable Communications Commission, Quad Cities Cable Communications Commission, Burnsville/Eagan Cable Communications Commission, and South Washington County Cable Communications Commission (securi _ty fund of $10,000.00, penal .ty of $50.00 per day per violation) 1. Article VIII - Section 4 - Letter of Credit Each of the franchises requires the Grantee to post a letter of credit (varying between $10,000.00 and $50,000.00 per City) which provides that funds will be paid to the municipality, upon written demand by the municipality, and in an amount solely determined by the municipality in payment for penalties charged pursuant to the franchise. Whenever the municipality/Commission determines that the Grantee has violated the franchise, written notice must be given to the Grantee informing it of such violation. The penalty for failure to comply with any provision of the franchise varies between $50.00 and $100.00 per day per violation. After a specified period of time (15 to 30 days) subsequent to receipt of this notice, assuming the Grantee remains in violation of the franchise, the municipality may draw from the letter of credit all penalties due. Whenever a penalty has been assessed, the Grantee may, within 30 days of receipt of notice, notify the municipality/Commission that there is a dispute as to whether a violation has occurred. Such notice by Grantee must specify with particularity the matters disputed. The municipality/Commission must hear a Grantee's dispute at the next regularly scheduled meeting and supplement any prior decision with written findings of fact. Upon a determination that no violation has taken place, the Municipality must refund all monies drawn from the letter of credit. · The letter of credit must be replenished by the Grantee if monies are drawn therefrom. The collection of monies from the letter of credit does not affect any other rights or remedies available to the municipality/Commission nor does failure to act affect any such rights. 2. Article IX - Default A member municipality (or the Commission pursuant to delegated authority) may give written notice of default to the Grantee if the municipality/Commission, in its sole discretion, determines that the Grantee has violated any provision of the franchise or attempted to evade any provision of the franchise. If the Grantee fails to cure the default within 30 days of receipt of notice, the municipality/Commission may elect to terminate and cancel the franchise. In the event the municipality/Commission determines to terminate the franchise, the municipality/Commission must: Place the issue before the Council/Commission at a regular or special meeting. Provide the Grantee with a written notice of intent to terminate and the reason or cause for the proposed termination. Provide the Grantee with a minimum of 30 days subsequent to the receipt of the notice in which to correct the default. Provide the Grantee with an opportunity to be heard at the public hearing. In the event the municipality/Commission determines to terminate the franchise, the Grantee must be given a period of 30 days following written notice of such decision to terminate in which to file an appeal of the termination. In the event the appeal is unsuccessful, the franchise shall terminate immediately. · The complete termination process takes no tess than 90 days. Remedies - Ramsey/Washington Counties Suburban Cable Communications Commission 1. Franchise Ordinance - Article IX - Revocation The City/Commission may terminate and cancel the franchise in the event the Company violates the franchise or attempts any of the provisions of the franchise. The City/Commission must provide the Company with a written notice of the cause for termination and its intention to terminate the franchise and must allow the Company a minimum of 30 days after receipt of the notice in which to correct the violation. o In addition, the Company must be provided with an opportunity to be heard at a public hearing regarding termination of the franchise. In the event the City/Commission determines the franchise, the Company must have an additional period of 30 days after the public hearing within which to file an appeal. Franchise Agreement - Section VIII - General Financial and Insurance Provisions. The franchises require the Company to maintain a $25,000.00 security fund as security for performance of each of the member municipalities' franchises. The security fund must permit either the City or the Commission to withdraw funds in payment of penalties. The penalty for failure to comply with any provisions of the franchises is $100.00 per day per violation. In the event the City/Commission determines that the Company has violated the franchise, a written notice must be provided informing the Company of the violation. Thereafter, the Company has 30 days in which to correct the violation prior to withdrawals from the security fund. Within 15 days of the receipt of this notice, the Company may notify the City/Commission that there is a dispute as to whether a violation has occurred. This notice of dispute must specifically identify the matters disputed. In the event the violation is disputed, the City/Commission must hear the Company's dispute at its next regularly scheduled meeting and supplement its decision with written findings of fact. If the violation is upheld, the Company shall have 30 days thereafter to remedy the violation. At any time thereafter, the City/Commission may draw from the security fund unless within t0 days thereafter the Company notifies the City/Commission of its election to proceed with arbitration pursuant to the franchise. 6 The Company is required to replenish and maintain the security fund. The rights with respect to the security fund are in addition to all other rights of the City/Commission. C:\CABLE\USWEST~COMMISSI.M#2 7 P,.OBINS, KAPLAN, Mt LLER ATTORNEYS AT LAW a CIRESI ATLANTA O~ANGE COUNTY SAINt PAUL ~AN ~RANC~CO 2800 LASALLF. PLAZA 800 LASALLE AV'ENUF. MINNEAPOLIS, MINNESOTA 55402-20t5 T'F. LF. PHONt! (Gl2) 349-8500 FAC~tMILF. (612) 339-4181 October t8, 1996 Joz~ F, GIBBS (6~) Thomas D. Creighton, Esq. Bemick and Lb'son, P.A. 5500 Wayzata Boulevard Suite 1200 Minneapolis, 1VfN 55418 Continental Cablevision, Inc. Transfer to U S WEST Communications, Inc.; relative to North Suburban Cable Communications Commission, BurnsvillefEagan Cable Communications Commission, Quad Cities Cable Communications Commission, North Central Suburban Cable Communications Commission, Columbia Heights Communications Commission, RamseyAVashington Counties Cable Communications Commission, Hudson/North Hudson Joint Cable Advisory Board, and South Washington County Cable Communications Commission Our File No.: 024685-0020 Dear Mr. Creighton: On October 18, 1996, the Federal Communications Commission ("FCC") granted the Petition for Special Retief of Continental Cabtevision, Inc. and U S WEST, Inc. with respect to Continental Cablevision's cable television systems within U S WEST's telephone sent/ce reg/on. Thomas D. Creighton, Bsq. October lg, t996 Page 2 Please accept the enclosed Order as satisfaction of Cond/tion Number 2 of the resolutions consenting to the change of control of the Continental Cablevision systems franchised by your client municipalities. Thank you very much for your consideration. Very truly yours, ROBINS, KAPLAN, MTr,LER & CI2:~SI J~G/ch cc: Kevin Gr~n KathJ. Donnelly Cohen Jim Commers Robert E. Ryan Robert L Sachs, Esq. Margaret Y. Sofio, Esq. Greg Cannon, Esq. Mr. Kevin Griffia kOBINS, KAPLAN, MILLEk.B CIKE$I · A*TYO~N~.,Y~ AT LAW LOG ORANGE COUNTY 2800 lASALLE PlAZA 800 LASA,J. LE AVENUE MINNEAPOLIS, MINNESOTA 55402-20t5 TELEPHONE (612) 34~-8500 FACSIMILE (612) 3..R9-4t8t October 25, 1996 Joz~w F. GIBBS (61~) 349-~765 VIA COI/RIER Thomas D. Creighton, Esq. Bcrnick and Lifson, P.A. 5500 Wayzata Boulevard Suite 1200 Minneapolis, MN :55418 Change of Control of Meredith Cable; relative to North Suburban Cable Communications Commission, Bumsville/Eagan Cable Communications Commission, Quad Cities Cable Communications Comm/ssion, North Central Suburban Cable Communications Commission, Columbia Heights Communications Commission, RarnseyRVashington Counties Cable Communications Commission, Hudson/North Hudson Joint Cable Advisory Board, and South Washington County Cable Communications Commission and their member municipalities Our File No.: 024685-0020 Dear lVir. Creighton: As you have been independendy' advised by Meredith Cable (copies of notice letters enclosed), Continental Cablevision's acquisition of control o£ the Meredith Cable affiliated companies was completed today. In that regard, please find Corporate C. maranry documents executed by Continental Cablevision, Inc. for each of your client franchising authorities. With closing of the Meredkh/Continental Cablevision transaction, and your receipt of the enclosed Corporate Guaranty documents and our September 26, 1996 letter documenting successor ownership issues as well as receipt by your clients earlier today of the required fee reimbursements and payments required by certain memoranda of understanding, all conditions of your clients' consents to the change of control of the Meredith. Cable ~ystems to Continental Cablevision have now been satisfied. The reimbursement payments provided to your clients today included reimbursement of ~ fees associated with consent to the Continental Cablevision/U S WEST merger as well. On October 18, 1996, we provided you a copy 0fthe Federal Communications Commission's Order granting the parties' Petition for Special Relief; thereby resolving amy doubts arising out of Section 552 of the Thomas D. Creighton, Esq. October 25, 1996 Page 2 Telecommunications AM concerning the legal authority of U S WEST to acquire the in-re,on systems, subject to al[vestment as provided therein. Yesterday, the FCC ctafiSed that the Meredith Cable systems were included in thai Order. A copy of yesterday's clarification Order is enclosed. In light of the above, the parties have now secured aH necessm-y federal auzhorizafions relating to U S WEST's acquisition and oper~on of the system. The only outsmndLng conditions to your clients' consents to the Continental CablevisionfU S WEST merger ar~ the successful closing of the transaction and execution and delivery ora Corporate Guaranty from U S WEST, ~c. Thank you very much for your cooperation and consideration throughout this process. !fyou would like to discuss any of these matters further, please do not hesffate to contact us. Very truly yours, 7FO/shrn Kevin Griffin Kathi Dormetly-Cohen Tracy Daw, Esq. Tim Lindamood, Esq, ltober~ E. Ryan Randall Coleman ROBINS, LAN, MILLER. & CIRES! October 28, t996 Mr. :roAn F. Gibbs Axorney at Law Robins, Kaptan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue ~linneapolis, MiN' 5~402-201~ Via Facsimile and U.S. Mail Continental Cabtevision, T~c. Transfer ~o U.S. Wes: Commu~car. ions, Inc.; Reladve {:o North Suburban Cable Communications Commission; Burnsviite/Eagan Cable Communications Commission, Quad Cider Cable Communications Commission, N'ord~ Cenn:al Suburban Cable Communications Commission, Columbia Heighm Cable Communica:ions Commission, l~m.~ey/Washin~on Corrodes Cable Communications Commission, and Sour2t Washi~on Coun~ Cable Communications Commi-~sion; FCC Cable Services Bureau Order re: Ped:ion for Special Relief Dear Mr. Gibbs: In response :o your lexers of Oc:ober i8, !996 and Oc:ober 25, 1996, mad as you have been previously nod/led verbally, please be advised :ha: we have been i~uc:ed to appeal :he Cable Services Bureau Order regarding the above-referenced mac:er. A~ you know, condition number 2 of ~e respective ¢onsen: resolur, ions requires d:m: "ail necessa~ federal, Sam, and local gover~men~ waivers, aur. horizadons, or1 approvals" be obtained. Therefore, the de~ermin~on as :o your receip~ of "all necessary." approvals has hoc been fmalized, resulting in all conditions of the consen~ resolutions no: being satisfied. Undt finalization of all necessary approvals, you are hereby notified ~a: any a~empc :o finnllze :he sale of the above named Continental systems ~o U.S. Wes~ would be done in violation of ~e consen: resolutions. Proce~r~g ~o sell the sysmn~s without Emal consent of the above nan:ed franchise au~orides could resuk in knmcdiam knptemenmdou of franchise revocation procedures. Hr. 7ohm F. Gibbs October' 28, t996 Page 2 Please do no[ hesitate to contact me should you wish to discuss these rrmners. Yours truly, BERN!CK BaND 1.2t=SON, P.A. / Taomas D. Creighton Robert J.V. Vose CC: Attached Ctien: List Mx'. Kevin Griff'm, Meredir. h Cable Mr. Jim Commers, !z, ling Video Cable C;\CA3 LE~M~RMD FFHIGIB B~. ROBIN5, KA?LAN, MILLER. CIR. E$I ATTORNEYS AT LAW ATLANTA BOSTON CHICAGO LOS ANGELES miNNEAPOLiS O~ANGE COUNTY SAiNt PAUL WASHINGTON, D. C, 2800 LASALLE PLAZA 800 LASALLE AVENUE MINNEAPOLIS, MINNESOTA' 55,402-20t5 TELEPHONE (0]2) 3,~9-8500 FACSIMILE (012) 339-4181 November 15, 1996 Jol~ F. GIBBS (612) 349-$'76~ VIA C.QUR_EE2 Thomas D. Creighton, Esq, · Bernick and Lifson, P.A. 5500 Wayzata Boulevard Suite 1200 Minneapolis, MN 55418 Continental Cablevision, Inc. Transfer to U S WEST Communications, Inc.; relative to North Suburban Cable Communications Commission, Burnsville/Eagan Cable Communications Commission, Quad Cities Cable Communications Commission, North Central Suburban Cable Communications Commission, Columbia Heights Communications Commission, Ramsey/Waskington Counties Cable Communications Commission, Hudson/North Hudson Joint Cable Advisory Board, and South Washington County Cable Communications Commission Our File Noi: 024685-0020 Dear Mr. Creighton: Please be advised that the merger of Continental Cablevision, Inc. into Continental _;vrerger Corporation, a wholly owned subsidiary ofU S WEST, Inc. is closing today. In satisfaction of Condition No. 1 of the consent resolutions adopted by your client franchising authorities, enclosed please find executed Corporate Guaranty documents from U S WEST, Inc. We previously provided you reimbursement of alt reasonable fees incurred in your client's review of the merger and notice that the parties had secured all necessary federal, state and local government authorizations relating to U S WEST's acquisition and operation of the system. Thomas D. Cre{ghton, Esq. November t5, 1996 Page 2 In light of the above, all conditions associated with the resolutions of your various clients consent to the change of control of the cable television systems have been satisfied. Very truly yours, /RO~, M-ft~LER & Ctl~SI ,/----~flm 1K Gibbs JFG/ch Enclosures Mr. Robert Ryan Mr. Kevin Griffin Ms. Kathi Dormetly Cohen Mr. James Commers Robert J. Sachs, Esq. Gregory L. Cannon, Esq. Ms. Coralie A. Wilson Mr. Terry O'Connelt Mr. Michael Rem'don Mr, Mike Cusick Ms. Linda Magee Mr, Timothy Finnerty Ms. Fran Hemmesch Ail without enclosures/via facsimile and U S MAIL .JhK-NIr, UK AND LIF.50~ A PROF~:~.~IONAL A~$0CtAT10~ ATTORNEYS AT November 15, 1996 Via Telecopier and U.S. Mail Mr. John F. Gibbs Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402-2015 Re: ,Notice of Impending Violation of Franchise(s); Continental Cablevision, lnc. Transfer to U.S. West Communications, Inc.; relative to North Suburban Cable Communications Commission; Burnsville/Eagan Cable Communications Commission; Quad Cities CaNe Communications Commission; North Central Suburban Cable Communications Commission; Columbia Heights Cable Communications Commission; Ramsey/Washington Counties Cable Communications Commission; and South Washington County Cable Communications Commission . Dear Mr. Gibbs: In response to your notification that the merger of Continental Cablevision, Inc. with US WEST, lnc. is closing today, transmitted herewith please find our letter of October 28,1996. As indicated therein, all conditions of the Consent Resolutions adopted by our above-referenced clients have not been satisfied. Accordingly, you are not authorized to close the proposed merger with respect to the above-referenced systems, and any such closing wilt constitute a violation of each of the Franchises held by the member municipalities which comprise the above-referenced communications commissions. In the event of closing, we wilt recommend the enforcement of appropriate sanctions pursuant to the Franchises, including, but not limited to, termination of the respective Franchises. We will attempt to forward this information to the closing agent(s) but direct you to immediately provide this information to same. Mr. lohn F. Gibbs November 15, 1996 Page 2 I will follow this transmittal with additional information later today. Very truly yours, BERNICK AND LIFSON~ P.A. Robert J. V. Vose Thomas D. Creighton RJ H/rs Enclosure CC'. Via Telecopier Mr. Robert Ryan Mr. Kevin Griffin Ms. Kathi Donnelly Cohen Mr, James Commers /' Mr. Robert J. Sachs Mr. Gregory L. Cannon`/ Ms. Coralie L. Wilson Mr. Terry O'Connelt Mr. Michael Reardon Mr. Mike Cusick Ms. Linda Magee / Mr. Timothy Finnerty Ms. Fran Hammesch AND LI FSC) N JO ~mOWN November 15, 1996 Via 7elecopier. (339-418,1) and U,S, Mail Mr. John F. Gibbs Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402-20t 5 Re: Violation of Franchise(s); Continental Cablevision, Inc. Transfer to U.S. West Communications, Inc.; relative to North Suburban Cable Communications Commission; Burnsville/Eagan Cable Communications Commission; Quad Cities Cable Communications Commission; North Central Suburban Cable Communications Commission; Columbia Heights Cable Communications Commission; Ramsey/Washington Counties Cable Communications Commission; and South. Washington County Cable Communications Commission Dear Mr. Gibbs: Pursuant to telephone conversations today with corporate counsel for US WEST, Inc. and you, it is my understanding that the above-referenced transaction was closed within hours of our receipt of notice regarding the closing. Such closing was not authorized by the respective consent resolutions. Mr. John F. Gibbs November l 5, lgCjro Page 2 Accordingly, and as noted in our prior correspondence, we wilt recommend the enforcement of appropriate sanctions pursuant to the franchises. Applicable timeliness regarding default and remedies may begin today, the date of initial violation. Very truly yours, Rill/rs Enclosure BERNICK AND LIFSON, P.A, Robert J. V. Vose Thomas D. Creighton CC: Via Telecopier Mr. Robert Ryan Mr. Kevin Griffin Ms. Kathi Donnelly Cohen Mr. James Commers Mr. Robert J. Sachs Mr. Gregory L. Cannon Ms. Cora]ie L. Wilson Mr. Terry O'Connell Mr, Michael Reardon Mr, Mike Cusick Ms. Linda Magee Mr. Timothy Finnerty Ms. Fran Hammesch BE1KNICK AND LIFSON A pROF£$~:IONAL ASSOCIATION ATTORNEYS AT LAW SUITE I~OD, THE COLONNADE $500 WAYZATA SOULEVA~:~D MINNEAPC) LIS~ MINNESOTA .~5416-1:~70 November 21, 1996 ~ALSO ADMITTED IN WISCONSIN eALSO CE~TIPIED PUBLIC ACCOUNTANT iVia Telecopier ('339-4181.) and U.S. Mail Mr. John F. Gibbs Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402-20 t 5 Re: Notice of Addition of Franchise Violations to Agendas Continental Cablevision, Inc. Transfer to U.S. West Communications, Inc.; relative to North Suburban Cable Communications Commission; Burnsville/Eagan Cable Communications Commission; Quad Cities Cable Communications Commission; North Central Suburban Cable Communications Commission; Columbia Heights Cable Communications Commission; Ramsey/Washington Counties Cable Communications Commission; and South Washington County Cable Communications Commission Dear Mr. Gibbs: As you were notified'twice on November 15, 1996, please be advised that the issue of enforcement of sanctions for franchise violations has been or will be added to the current agendas for each of the above-referenced Communications Commissions. Specifically, the issue has been added to tonightts agendas for the Quad Cities Cable Communications Commission, and the Columbia Heights Cable Commanications Commission. In addition, your allegation that it was inappropriate to consider this issue at the North Central Suburban Cable Communications Commission meeting last night is plainly false. The franchise violation occurred after the agenda for that meeting was mailed, the agenda was amended accordingly at the meeting, you were provided two written notices indicating that the issue would be raised by this office to all of our affected clients, and you and two company officials were in Mr. John F. Gibbs November 21, 1996 Page 2 attendance and were provided a full opportunity to participate. Accordingly, the issue was properly before the Commission at last night's meeting. Very truly yours, BERNICK AND LIFSON, P.A. Thomas D. Creighton // '~ :smp CCl Mr. Kevin Griffin Ms. Coralie L. Wilson Mr. Terry O'Connelt Mr. Michael Reardon Mr. Mike Cusick Ms. Linda Magee Mr. Timothy Finnerty Ms. Fran Hammesch C:\C AB LEXM~thED ITHXGIB B S .L07 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, NOVEMBER 21, 1996 The meeting was called to order at 7:40 p.m. by Chairman, Dennis Stroik. Roll Call: Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Also in attendance was Harold Hoium, Columbia Heights resident. APPROVAL OF MINUTES Motion by Steve, seconded by Ken to approve the minutes from August 15, 1996. OLD BUSINESS A. Channel Check Dennis Stroik, Ken Henke, Reuben Ruen, and Steve Mihalchick. Meg Jones Linda Magee and Jean Kuehn Kathi Donnelty-Cohen from Meredith Cable and John Gibbs, Attorney for Cable Company Tom Creighton and Bob Vose All ayes. Everything checked out f'me during the channel check. Correspondence Log and Complaint Follow Up. Teresa Taylor ~ stated she was still having problems with her Sega programming. Kathi reported the technicians from Meredith found that she had looped outlets, not home nm outlets, in the wiring of her cable. They re-wired the house and everything is now ok. Lawrence Wodziak gl0(t-reported that the cable box in from of his house was in need of repair. This has been done. Preliminary Report on Best Available Technology to Refurbish the Cable System Addressed later in the meeting. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION PAGE 2 NOVEMBER 21, 1996 NEW A. BUSINESS Report on the Transfer of Ownership from Meredith to Continental and from Continental to US West Addressed later in the meeting. Third Quarter Franchise Fees for Columbia Heights and Hilltop. A copy of the franchise fees received by Columbia Heights and Hilltop for third quarter were enclosed in the agenda packets. C, MCN Newsletter Do The MCN Newsletter was enclosed in the packet for the commissioners to review. Discussion re: Proposals Received on Microphones for Council Chambers Jean explained that the Councilmembers have made a request to obtain information and prices for hardwired microphones that sit on the table. They are not happy with the present wireless microphone system as there have been inconsistencies in the audio levels, the microphones pick up paper noise, and the intermittent interference problems we have experienced. They also would like to have the option of a mute switch. There was a discussion regarding this feature as the council wants to be able to shut off the audio from time to time, but there are concerns about whether they will remember to turn them back on. Another feature discussed was an indictor light panel that would alert the mayor of who wishes to speak. There was some discussion regarding the various options available to improve the audio for the council, the audience, and for broadcasting purposes. It was decided to form a sub-committee of Ken Henke, Reuben Ruen, and Jean Kuehn to further investigate the various options and to make a recommendation to the Commission in December. Notification of Proposed Rate Adjustments Beginning January 1, 1997 Meredith has notified the City that they will be adjusting equipment rates and rates for Basic Service effective January 1, 1997. The City, as the rate regulatory authority, has 30 days to review the information and determine whether the proposed rate increase to equipment and other fees and the basic rate is within the FCC's sta~ndards for updating equipment and basic rates. First of all, Tom recommended the commission recommend to the City Council adoption of an order tolling the initial thirty day period for the review of the proposed rate increase and other entries on FCC Form 1210 for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the rate increase to go into effect January 1, 1997, subject to rollback and refunds upon completion of review by the City. TI~LECOMMUNICATIONS MEETING PAGE 3 NOVEMBER 21, 1996 Secondly, he recommended that the commission recommend to the City Council adoption of an order tolling the initial thirty day period for the review of the proposed equipment rates and other entries on FCC Form 1205 for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the equipment increase to go into effect January 1, 1997, subject to rollback and refunds upon completion of review by the City. Lastly, Tom explained that Meredith has included in the PEG fee the reimbursement of professional fees incurred by the City in the transfer of ownership. This is not allowed under the Memorandum of Understanding between Meredith and the City of Columbia Heights which provides for collection from subscribers of a PEG fee to subsidize certain community programming expenses, nor is it allowed under relevant rate regulations. Thus, a resolution should be passed ordering Meredith to calculate the PEG fee without inclusion of professional reimbursement or any other expense not provided for in the Memorandum of Understanding. Motion by Steve, seconded by Ken to recommend to the City Council passage of the above orders. Ail ayes. It was noted these Orders would be presented to the Council at the December 2, 1996 Council Meeting. Other New Business Steve asked whether franchise fees collected from the Cable System should be used to pursue the other utility companies for additional franchise fees for their use of the rights of way. There was some discussion about the difference between essential services for the betterment of the public versus companies that want to use right of way areas for a profit. Tom stated that the League is studying this issue at the present time. Reuben asked if it was possible to carry the NASA channel in place of the Blaine Access channel. Kathi explained they have other plans for that channel and that NASA is not one of options being considered at this time. pREVIOUS ITEMS: OLD C. BUSINESS Preliminary Report on Best Available Technology to Refurbish the Cable System Linda said the City will be sending a letter to the Cable Company requesting a report on the best available technology to upgrade the system. In our franchise, it states we can request this information anytime after January 1996. Since we knew the purchase of the cable system was pending, we decided to wait until the sales were consummated so we didn't have to request this information from three different parties. HEW A. BUSINESS Report on the Transfer of Ownership from Meredith to Continental and from Continental to US West Tom reviewed the correspondence that was sent by his office to US West and their attorneys, and correspondence that was received by US West's attorneys..On Oct_ob~. r. 18¢ a?tte.r ,w,,as,.r~d from attorneys for US West informing the Cable Systems mat the Peuuon mr :specxal v, ene been granted. On October 25th a letter was sent informing us that the closing took place for the ~rchase of Meredith by Continental Cablevision Inc. At this time they notified us that they were going ahead with the sale to US West. TELECOMMUNICATIONS COMMISSION PAGE 4 NOVEMBER 21, 1996 On October 28th Tom notified the Attorney for US West that he was appealing the Cable Services Bureau Order regarding the Petition for Special Relief on behalf of the Cable Systems in this area. He informed them that they had not obtained the proper approval of the local entities for the sale to proceed, and until this is done they should not attempt to close the sale. On November 15th Tom r~ceived notification that the sale to US West was taking place on that day without the proper approval being granted. Tom then sent them a Notice of Impending Violation of the Franchise, dated November 15th, and again told them not to proceed without the proper approval being granted. Then a Notice of Violation of Franchise was sent also on November 15th after several phone calls were made only to discover that the sate had already taken place. Because US West acted without proper notification or consideration to the franchises involved in the purchase, Commission members must decide what course of action to recommend to the City of Columbia Heights City Council. Tom informed them the City has the following options if they decide a violation of the franchise has taken place. We have the option of invoking procedures to cancel or terminate the Franchise, and/or We can draw on the Letter of Credit. The Letter of Credit in the amount of $50,000 provides funds to be paid to the CiD' for failure to comply with any provision of the franchise. The City may impose monetary penalties in the amount of $50.00 per day. If the City decides to pursue either of these avenues, written notice must be provided to US West. US West would then have 10 days to dispute the alleged violation. The City would then be required to hear the grantee's dispute at the next regular council meeting. The City must issue written findings of fact. If the City determines no violation has taken place the City would have to refund the amounts drawn from the Letter of Credit within 10 days. The Letter of Credit was incorporated into the franchise as a less extreme measure to deal with problems or violations, but still protect the city's interest. John Gibbs, Attorney for the Cable Company, responded to the claim that the Franchise had been violated. It is US West's contention that the approval was given for both sales ff the waiver was granted. However, the waiver was not granted,-but the Petition for Special Relief was. US West is aware we fried an appeal of the decision with the FCC. The FCC has not acknowledged receiving our appeal filed November 12, 1996. They may decide to review, at their discretion, bm are not required to do so. After hearing both attorneys, a motion was made by Steve, seconded by Meg to recess to an Executive Session at 9 pm to discuss pending legal action regarding a possible violation of our Cable Franchise. All ayes. At 9:30 pm we re-convened the meeting. It was noted that no action was taken during the executive session, that Tom ~nqwered questions regarding the FCC waiver. John Gibbs, attorney for the Cable Company, went over the advantages/disadvantages of terminating the Finn. chise. He is concerned that US West must divest the cable systems within a year and they want the sy..st, ems. to remain marketable. As the FCC shortened the time US West can own the system, anynlagaUon would stow the process of re-selling the systems. TI~LECOMMUNICATIONS COMMISSION PAGE 5 NOVEMBER 21, 1996 The timing of providing written notice and scheduling the req?ired.,hea.ri~.'~ g. with the holid:a, y.? . approaching was a concern. Tom reminded commission members mat it mey recommena mat the City Council draw on the Letter of Credit, and the City Council takes action to do this, it would revert back to November 15th (the date of the sale, without approval to US West) no matter when the written demand was made. Motion by Steve, seconded by Ken that we find US West is in violation of our franchise as they did not receive our consent on the Tran.qfer of Ownership, and that we recommend to the City _ Council implementation of penalties under section 11.113(5)-Letter of Credit, but request that staff hold the recommendation so it can be scheduled during the January meeting cycle. All ayes. This item will then be scheduled for the January 13th City Council meeting. A. Report of the Commissioners There was nothing to report at this time. Report of Meredith Cable Kathi noted that the August, September, and October reports were all included in the agenda packets. She reminded the commission members that on October 31 st the pay per view channel #31 was replaced with FX. She then went on to review the stats with the commission members. Kathi said the subscribers are going to be notified of the rate increase and the channel lineup changes that will take effect December 31, 1996. C. Report of the Cable Attorney Tom had nothing further to report. D. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by ken, seconded by Reuben to adjourn the meeting at 10:00 pm. All ayes. Respectfully submitted, 'Shelley ~ Secretary CITY COUNCIL LETI]gR Meeting of: January 13, 1997 AGENDA SECTION: I T EH S F0 R ORIGINATING DEPARTMENT: CITY MANAGER CONS I DERATI ON APPROVAL NO: I Fire , / ITEM: Establish Hearing Date BY: Lowell DeMars ~Z/ BY: License Revocation, Rental Property NO: q ,,. ~ . ~ DATE: Jan 7, 1997 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against Lvnde Investment Company regarding rental property at the following addresses for failure to meet the requirements of the Housing Maintenance Code. 1) 4050 NE 4th Street 2) 4060 NE 4th Street 3) 4100 NE 4th Street 4) 4120 NE 4th Street 5) 4425 University Avenue NE 6) 4433 University Avenue NE 7) 4441 University Avenue NE 8) 4707 University Avenue NE 9) 4715 University Avenue NE 10) 5121 University Avenue NE 11) 5131 University Avenue NE 12) 5141 University Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of January 27, 1997 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights Against Lynde Investment Company Regarding Rental Property at the Addresses Listed Above. 97-3 COUNCIL ACTION: CITY COI/NCiL LETTER Meeting of: January 13, 1997 AGENDA SECTION: ITEHS FOP~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CONS I DERAII ON SPECIAL PROJECTS APPROVAL ~ ITEM:ANOKA COUNTY JPA FUNDS FOR BY: JEAN K73EHN BY: ~f~ NOMULTI: UNITS 9 ., ~ . ~ DATE: JAN. 3, 1997 DATE: This Joint Powers Agreement, while being dated July 18, 1996, is meant to be in effect through June 30, 1997. The County is actively encouraging recycling in the multi-family units throughout the county and has agreed to provide cities with additional funds to facilitate that goal. This Joint Powers Agreement with Anoka County entitles the City to apply for funding for the multi-unit recycling program. The joint powers agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $17,322.00 for eligible expenses specifically related to recycling and waste abatement activities for multiple dwelling units in our city. To receive these funds we must submit substantiating data in a report and abide by the State statutes regarding recyclable materials and mixed municipal solid waste. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into the 1996 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Multi-family Recycling Program and to make funds of up to $17,322.00 available as reimbursement for eligible expenses. COUNCIL ACTION: AGREEMENT FOR MULTI-UNIT RESIDENTIAL RECYCLING PROGRAM THIS AGREF_3IIV. NT made and effective as of the 18th day of July, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the City of Columbia Heights hereinafter referred to as the "MUNICIPAIJTY". WlTNESSETIt: WltEREAS, Anoka County has allocated $96,000 from landf'fll surcharge revenue for multi-unit residential recycling programs; and WHEREAS, Landf'fll abatement is an authorized use of these monies; and WltEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing funds to cities and townships in the County for multi- unit residential recycling programs. NOW, TmZ~REFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement multi-unit residential recycling programs in the Municipality. 2. TERM. The term of this Agreement is from July 18, 1995 through December 31, 1996, un/ess earlier terminated as provided herein. 3. DEFINITIONS. The following def'mitions shall apply to this agreement: Ao "Recycling" means the process of collecting and preparing recyclable materials and reusing, the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a~ recyclable material. "Dwelling Unit" is a single unit of housing, whether freestanding or within a building containing other dwelling units, providing independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Multi-unit residential recycling program" is a program serving apartment complexes, including condominiums, with four or more dwelling units or mobile home parks. PROGRAM. The Municipality shall develop and implement a multi-unit residential recycling program in accordance with the plan attached and incorporated as Exhibit A and program guidelines attached and incorporated as Exhibit B. 5. REPORTING. The Municipality shall submit the following to the County: A final report on the report form provided by the County on December 31, 1996. The f'mai report will include the total amount requested for reimbursement with receipts or purchase orders attached and a summary of the program. Information regarding any revenue received from sources other than the County for the Municipality's multi-unit residential recycling program. Copies of all promotional materials that have been prepared by the Municipaity during the term of this Agreement to promote its multi-unit residential recycling program. o BILLING AND PAYM'i*.NT PROCEDURE. The Municipality shall submit itemized invoices to the County for activities no later than December 31, 1996. Costs not billed by December 31, 1996, will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses up to the project maximum amount of $17,322 as outlined in Amendment A. 8. RECORDS. The Municipality shall maintain f'mancial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to f'mal expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.919, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall a/low the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including ali books, records, documents, and accounthag procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. A. In performing the provisions of this Agreement, both parties agree to comply with'all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. No person shall il/egally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take aff'n-mative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. The Municipality shall be 'responsible for the performance of al/subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least on conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable..If any paragraph, section, subdivision, sentence, clause or phrase of this' Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. .. I. Nothing in this Agreement shall be construed as creating the relationship of Co-partners, joint venturers, or an association between the County and.Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipali/y shall acknowledge the f'mancial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners". 12. INDEMNIFICATION. The County agrees to indemnify, defend, and .hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to · activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF City of Columbia Heights By: Dan Erhart Anoka County Board of Commissioners Date: By: Name: Titlei Date: ATTEST: John "Jay" McLinden County Administrator Date: Municipality's Clerk Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney Multi-unit Recycling Action Plan · City/Township of ~ ~'~ ~ i ~- ExiLibit A The City/Township of ~_~/.Lt_.,vv~-~-~k ~,~f ¥~'~ willprovide recyctin~ assisranc~ to units within multi-unit complexes. A multi-unit task force was set up & 0c'~ ~2 ~ .4. maximum budget of $ t'l! -'3 ~ D,k is determined by ~t ~' ~"7 units x $6 per unit. Containers ~ %"% '1 # containers x $ S-- per container # cbntainers x $ per container Pro mo do n J,~ 75 '7 # brochures x $ { per piece =$ =$ Grant total requested for multi-unit recycling = $ GUIDELINES NIIILTI-UNIT RF~IDENTIAL RECYCLING PROG~ Exhibit B Proposed funding allocation: 1. $5.00 per unit for containers. 2. $1.00 per unit for promotion and assistance. The funding 1. 2. is available with the following action: Developmen~ of a multi-unit recycling action plan. The municipalities would have to make site visits and meet with apartment management. A multi-unit task force consisting of multi-unit managers and recycling service providers would be set up. The money would be received after receipt of a paid receipt or purchase order., Purchase orders are necessary for the purchase of containers, since most cities do not have excess funds available to pay bills Clarifications: 1. Mobile homes are eligible for the multi-unit grant program. '2. Complexes, including condominiums, with four or more units are eligible, however, four unit buildings should be added to curbside programs J.f possible. Container/zation can include individual dwelling unit containers, central collection recycling containers for collection and screening to contain the central collection recycling containers. Promotion dan include printed material such as brochures, posters, Ietters and hired staff necessary' to complete the multi-unit grant program. Agreements will be ava.i/able at the OCtober Task 'Force meeting. The Multi-unit action plan will be :Exhibit A to the agreement and must be to the county by March 31, 1996. The program must 'be complete by December 31, 1996. Municipal funding should be used for the multi-unit program rather than leaving a surplus for 1995. CITY COUNCIL LETTER Meeting of: January 13, 1997 AGENDA SECTION: ITEMS FOR NO. ~ CONS 1DERAT 1 0N ITEM: Donation to Police Dept. ,/ ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso~wx/~'~ DATE: January 6, 1997 CITY MANAGER APPROVAL: . / DATE: The Columbia Heights Police Department has received a $15 donation from: Mr. James Swartz 945 42½ Avenue N.E. Columbia Heights, MN 55421 On behalf of the Columbia Heights Police Department, we request the City Council recognize Mr. Swartz for this donation. Mr. Swartz left the decision on how to use the funds to the Department. TMJ:mld 97-014 COUNCIL ACTION: City of Columbia Heights Park and Recreation Commission December 19, 1996 The meeting was called to order by~hairman Dick Petkoff at 6:46 p.m. ROLL CALL Members present: Members absent: Dick Petkoff; Eileen Evans; Bruce Magnuson; Bob Ruettimarm; Gary Peterson; Mark Winson, Public Works Director/City Engineer Jerry Foss; Randy Quale, Recreation Director CONSENT AGENDA' The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the November 26, 1996 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Evans, second by Magnuson to approve the consent agenda. ayes, motion carried. LETTERS AND REQUESTS No letters or requests received. OLD BUSINESS 1996 MURZYN HALL CAPITAL IMPROVEMENT PROJECTS The Public Works Director updated members that padded chairs have been ordered, approval has been given for roof repairs, heat tape will be installed on the roof if approved by the City Council, and bids are being sought for kitchen cabinets. Members were advised of several problems with the roof this week. PAGE TWO MURZYN HALL BOILER CONCERNS The Public Works Director advised members that a meeting was held between City officials and Honeywell regarding boiler concerns at Murzyn Hall. Honeywell had been asked to post their license in the boiler room, but have stated that since they only perform repairs and are not responsible for daffy boiler inspections, they are not required to post their license. The Head Custodian has been asked to post his Class 2A license, but is reluctant to do so and would like the city to pay for the cost of his license. Members discussed the matter and possible solutions. PARK AND RECREATION COMMISSION VACANCY Members reviewed a letter from Mayor Sturdevant informing James Nelson of his appointment to the Park and Recreation Commission. OTHER OLD BUSINESS No other old business at this time. NEW BUSINESS MURZYN HALL SNOW REMOVAL POLICY Members discussed the proposed snow removal policy. The policy clarifies staff responsibility for snow removal at Murzyn Hall. Motion by Petkoff, second by Magnuson to approve the snow removal policy and include it in the Murzyn Hall Management Plan. All ayes, motion carried. WEEKEND RINK MAINTENANCE Members discussed concerns regarding weekend rink maintenance and possible solutions to the problem. The Public Works Director recommended that rinks receive minimal maintenance on weekends. On weekends when no events are scheduled for ice rinks, the rinks will be plowed and/or swept by Public Works staff ff we receive 1/2" or more of snowfall. Motion by Petkoff, second by Magnuson to approve the weekend rink maintenance recommenda- tions. All ayes, motion carried. PAGE THREE OTHER NEW BUSINESS Members received copies of a memo from John Herbert regarding basketball practice cancellations. The Public Works Director advised member that Matt Brinza has successfully completed his internship with Public Works. He has prepared copies of Huset Park plans and a memo of thanks to each commission member. A letter of recommendation will be sent to him from commission members. Members reviewed a Christmas card received from Edith Wargo in which she expressed her appreciation to Public Works crews for the frae job they have done in maintaining and decoration Wargo Court this year. Warming houses will open tomorrow, December 20, 1996. REPORTS RECREATION DIRECTOR No report. PUBLIC WORKS DIRECTOR No report. COMMISSION MEMBERS No report. ADJOURNMENT Motion by Ruettimann, second by Evans to-adjourn. All ayes, motion carried. MINUTES December 3, 1996 The meeting was called to order by President, Barbara Miller. Those present were: Barbara Miller, Nancy Hoium, Richard Hubbard, Pat Sowada, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the November 4th meeting as mailed. The November 25th list of bills was reviewed. It was moved, seconded and passed that they be paid. The December ,2nd list of bills was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Moved and seconded to re-elect the current slate of officers. The motion was passed with all ayes. Barbara Miller, Chair; Patricia Sowada, Vice-chair; Richard Hubbard, Secretary; Nancy Hoium, Member at large; and Donald Jolly, Council Representative. They will serve for a two year term from 10/96 thru 10/98. Old Business: 1.) A draft of the two part five-year improvement plan was reviewed. The plan covers the years from 1997 through 2001. The capital outlay was reviewed first. Each year was reviewed individually and proposed changes discussed. The capital improvement plan was also reviewed. This is for improvements to the physical building. Again, each year was reviewed in mm. It was moved, seconded and passed to accept the Capital Outlay and Capital Improvement plans as presented. A possible joint session with the Anoka County Library Board as part of our lbng range plan was discussed. The Board felt that no action should be taken at this time but the issue should be reviewed on a yearly basis as necessary. 2.) Pat presented a t-shirt update. The Board ordered 16 shirts. Pat contacted the company to produce the shirts. The shirts are ready for delivery. When an invoice is presented, the necessary paperwork can be processed for the purchase and a check can be cut. A second attendance survey was conducted the week of November 18. The Friends of the Library and volunteers took the count. The figures from both surveys and comparisons from last year were presented to the Board. The Board chose to use the figures conducted in the survey of November 18-23 as the official number to be reported. New Business: 1.) The gifts the library received from the Friends of the Library were reviewed. 2.) The official procedures concerning use of funds allocated for specific capital projects that were not done was discussed. Previously the policy of the City stated capital fund money could not be re-allocated to another use without Council approval. The Board and staff agreed that this procedure should be followed. 4.) The new State Standards for MN Public Libraries were reviewed. The pertinent areas were reviewed. The three ways of meeting the standards are: essential, enhanced and excellent. You must meet only the essential standards to qualify for contract participation. The deadline for meeting this level is 1998. Possible implications were discussed. The Standards will be appearing on the agenda frequently in the future. The patron who felt on the snow/ice in front of the library book return was discussed. The Board requested that we put a sign on the book drop requesting that only one book be put in the book drop at a time, so that the drop does not "jam up". 5.) Crossover statistics were reviewed. W~ are up 11.2% in circulation for this month. The Board noted that for the year we are up 2.2%. 6.) The roof leaked on 11/16, and because of the quick reponse of the Saturday crew only 1 book was lost. Public Works is aware of the problem. 7.) Boiler room fan has been installed to prevent a potential for carbon monoxide gas to be emited into the air if the proper conditions exist. 8.) Local fire poster winners are now on display in the children's room. The library staff were the judges of the contest. 9.) All of the drives that are going on at the library will end on December 13. All donations are a little behind the response received last year. 10.) Becky attended the Upper Midwest DRA (Data Research Associates) User's Conference. This company supplies software for the library's automated circulation system. It was reported that overall the conference was very worthwhile and informative. tl.) The City is in the process of deciding what steps will be taken to complete a Central Filing/Fiber Optic Imaging system and connect the library building to the network at City Hall. Board minutes, City code, and Ordinances are the first areas that would be entered into the system. The recommendation is slated to go to the City Council on December 23. 12.) The Board was informed about the theft of an employee's car from the parking lot on November 26. The staff person's key ring, which also included the key to the building, was missing. As a precaution, the library had to be re-keyed. This was done the same evening by City Wide Locksmithing. There being no further business the meeting was adjourned at 8:29 p.m.. spectfully submitted, , Schmidt, Secretary the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admixsion or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation ,viii be provided to allow individuals with disabilities to participate in all City of Columbia Heights'services, programs, and activities. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JANUARY 6, 1997 The Traffic Commission was called to order at 7:00 P.M. I. ROLL CALL Present: Carlson, Goodman, Jolly Sturdevant Absent: Dan Duda Staff Present: Mark Winson, Public Works Director/City Engineer Tom Johnson, Police Chief II. APPROVAL OF NOVEMBER 4, 1996 MINUTES Motion by Goodman, second by Sturdevant, to approve the minutes of the November 4, 1996, meeting. Roil Call: All ayes. Motion carried. III. OLD BUSINESS PUBLIC HEARING TO RESTRICT PARKING ON THE WEST SIDE OF 5TH STREET AT THE NORTH DRIVEWAY FOR 455 37TH AVENUE, FROM 40' SOUTH OF THE DRIVEWAY TO 38TH AVENUE. Envelope Specialties, Inc. has requested "No Parking" signs on both the south and north sides of their driveway on 5th Street. Currently vehiclespark very close to the driveway making it difficult for trucks to leave the facility. The request for the restriction south of the driveway is to enable trucks to go south on 5th Street to 37th Avenue and avoid the residential area north on 5th Street as welt as the intersection at 40th Avenue and 5th Street. The Public Hearing was held and no one was present to oppose the parking restriction. Motion by Jolly, second by Goodman to recommend the City Council designate the west side of 5th Street as "No Parking" at the driveway for 455 37th Avenue from 40' south of the driveway to 385 Avenue. Roll Call: All ayes. Motion'carried. IV. OTHER OLD BUSINESS None. V. NEW BUSINESS REQUEST TO REVISE THE HOUSING MAINTENANCE CODE TO ALLOW SHORT TERM PARKING NEAR AN ENTRANCE TO A BUILDING. Ms. Bambi Smith of 4217 Central Avenue addressed the Traffic Commission requesting that the Housing Maintenance Code be revised to allow short term parking near an entrance to a building. She felt she was unfairly ticketed on her property while trying to unload construction supplies for remodeling her home/business. Ms. Smith plans to do a substantial amount of remodeling and will be unloading materials on a regular basis for an extended time. Staff did not recommend changing the Housing Maintenance Code but suggested the Police Department review ticketing procedures for short term parking. Official Proceedings Columbia Heights Traffic Commission January 6, 1997 VI. VII. Commissioners Carlson and Goodman questioned the ticketing process. They felt the tickets were unwarranted. Chief Johnson explained the process and indicated that in the future the officers will use discretion in ticketing. Motion by Jolly, second by Carlson, to review the incident and the wording in the Parking Ordinance and determine whether there should be additions or deletions to parking on landscaped areas, Section 5A.207. Roll Call: All ayes. OTHER NEW BUSINESS A request to change the "t 0 minute" parking to "1 hour parking" at 40th Avenue and 5th St. will be forthcoming. Motion by Goodman, secondby Sturdevant, to call a Public Hearing on February 3, 1997. Roll Call: Goodman-aye, Carlson-abstained; Sturdevant-aye, Jolly-aye. 'Motion carried. Commissioner Jolly stated that a resident contactedhim about cars parked in the right-of-way and not being ticketed. Chief Johnson stated that the parking ban was suspended over the holidays except when the snowfall exceeded 3 1/2". Staff seemed unawhre of such a policy and Chief Johnson indicated in the future he will advise Council and Staffwhen this policy is in effect. REPORTS A. CITY ENGINEER I. Discussion of "traffic calming" will be put on a future agenda. 2. An update of EVP and Central Avenue Improvements will be on a future agenda. "No Right Turn on Red" at Central Avenue and 37th Avenue. Commissioner Carlson indicated that recently he was stopped at the intersection as a train was on the tracks backing up traffic. He observed people turning red and not observing the no turn sign. Staff will be reporting further on this issue in six months. Staff discussed the truck traffic routes that will be used during the Minneapolis reservoir construction scheduled to begin this summer. Truck traffic will access the site from 49th Avenue and Fairway Drive to Stinson Boulevard and exit the site from 5th Street to Silver Lake Blvd. The major hauling will take place over 14 days in August or September of 1997. Mn/DOT has found that the intersection at Central and 5 tst Avenue has a high accident rate and would like to install a median across 51st Avenue eliminating cross traffic. Commissioner Carlson requested that staff look at the intersections of 39th Avenue, 42nd Avenue, and 43rd Avenue for comparison purposes. Chief Johnson reported that over the past two years there have been 6 accidents at 51st and Central, 4 in 1995 and 2 in 1996. Mn/DOT has also asked Columbia Heights to consider a frontage road along the east side of LaCasita Restaurant from 51st Court to 52nd Avenue. Staff will be exploring the feasibility of this request in 1997. Official Proceedings Columbia Heights Traffic Commission January 6, 1997 Page 3 VIII. B. POLICE CHIEF None. C. COMMISSIONERS None. ADJOURNMENT Motion by Jolly, second by Goodman, to adjourn the meeting at 8:20 P.M. Roll Call: All ayes. · Respectfully Submitted, Traffic Commission Secretary