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HomeMy WebLinkAboutFebruary 13, 2006 Regular CITY OF CO'LUMBIA HEIGHTS ADMINISTRA TlON Mavor Gary L Peterson COllllcillllembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Brl/ce Kelzenberg Citv Mallafler Walter R. Fellst 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit 0111' Website at: II'lI'lv.ci.collllllbia-heiglzts./IllZ.IIS The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 p.m. on Monday, February 13, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The 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 disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) . 1. CALL TO ORDER/ROLL CALLIINVOCATION Invocation by Pastor Dave Briley, Oak Hill Baptist Church. 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 ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition _150th Anniversary of the Anoka County - Paul Pierce III, Bob Guzy, Katherine Vesley 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for January 23.2006 regular City Council meeting and January 30 special City Council meetin~. a) MOTION: Move to approve the minutes of the January 23,2006 regular City Council meeting P4 as presented. b) MOTION: Move to approve the minutes of the January 30, 2006 special City Council meeting P 1 9 as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept minutes of the October 25,2005 Housing and Redevelopment Authority P22 meeting. b). MOTION: Accept minutes of the November 22,2005 Economic Development Authority P30 meeting. I c) MOTION: Accept minutes of the January 3,2006 Library Board meeting. P36 d) MOTION: Accept minutes of the January 19,2006 Telecommunications Commission meeting. P38 e) MOTION: Accept minutes of the January 19, 2006 Charter Commission meeting. P42 City Council Agenda February 13, 2006 Page 2 00 3) Establish Work Session meeting date for Monday, Januarv 27,2006, beginning at 6:00 p.m. in 1'49 Conference Room 1. MOTION: Move to establish a Work Session meeting date for Monday, January 27,2006 beginning at 6:00 p.m. in Conference Room 1. 4) Establish Board of Review hearing date for May 1, 2006, beginning at 7:00 p.m. in the City Council Chambers. 1'50 MOTION: Move to establish a Board of Review hearing date for May 1, 2006 beginning at 7:00 p.m. in City Council Chambers. 5) Approve Joint Powers Agreement with Anoka County "cities" for street maintenance 1'51 MOTION: Move to approve the Joint Powers Agreement between the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids, Fridley and Ham Lake for the joint public bidding of certain street maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the same. 6) Accept the Feasibility Report for the addition of athletic field lighting at Prestemon Park 1'55 MOTION: Move to accept the Feasibility Report for the addition of athletic field lighting at Prestemon Park and establish a Public Hearing for March 22, at 6:30 p.m. at the regular Park & Recreation Commission Meeting. 1'62 7) Approve Business License Applications MOTION: Move to approve the items as listed on the business. license agenda for February 13, 2006 as presented. 8) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 115815 through 116-43 in the amount of $1 ,876,371.04. 1'64 6. PUBLIC HEARINGS A) Adopt Resolution No. 2006-20 being an Order regarding the maximum permitted basic programming service rate set forth in the Federal communications Commission Form 1240 filed by Corneast 011 or about March 1, 2005 and Adopt Resolution No. 2006-21, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2005. MOTION: Move to waive the reading of Resolution No. 2006-20, there being ample copies available to the public. 1'76 MOTION: Adopt Resolution No. 2006-20 being an Order regarding the maximum permitted basic programming service rate set forth in the Federal communications Commission Form 1240 filed by Comcast on or about March 1,2005. MOTION: Move to waive the reading of Resolution No. 2006-21, there being ample copies available to the public. MOTION: Adopt Resolution No. 2006-21, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2005. P.2 City Council Agenda February 13,2006 Page 3 of3 B) Adopt Resolution No. 2006-22 being a Resolution for Rental Housing License Revocation at 1000 p83 Peters Place MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-22, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-22, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Peters Place regarding rental property at 1000 Peters Place NE. C) Adopt Resolution No. 2006-23 being a Resolution for Rental Housing License Revocation at 4642 P86 Taylor Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-23, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-23, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Becky Xiong regarding rental property at 4642 Taylor Street NE. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business - none 8. ADMINISTRATIVE REPORTS A) Report ofthe City Manager B) Report ofthe City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT 4-1tf4/- Walter R. Fehst, City Manager WF/pvm P.3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 23, 2006 l'HEC, f.:' ~"Y \1<,1! JTL'S HAV'E',' .....J ,_", , ',. C .. NOT E'" f'-'~""1~:"i.()V.'!E' ["'II "= j, L.(~,.,j A~-'It If"{ VI '"C,,}. 5-A- [q, The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, January 23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALLIINVOCATION Present: Mayor Peterson, Councilmember Williams, Councihnember Diehm, Councilmember Kelzenberg Peterson stated this is a sad night, as this is the last night Father Al Backmann will give the Council meeting invocation. Father Al is moving to Lindstrom where he will over see the building of a new church. Father AI Backmann, Immaculate Conception Catholic Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations' Father AI Backmann Day - February 19, 2006 Peterson indicated that Father AI did not want recognition before leaving, but we could not let him leave without proclaiming a day in his honor. Nawrocki commented on the tremendous duties he will assume with their growing congregation. Nawrocki agreed with the spirit of the proclamation in wishing him well. Father AI stated that leaving is bitter sweet, as he has enjoyed his time in this community. He stated he would miss the cr.tildren and the school. Nawrocki referred to the excellent turn out at the spaghetti dinner fundraiser. Father AI indicated they served over 650 people at this community event. Peterson again expressed the deep appreciation of our community. Miscellaneous Peterson read a letter regarding our EMT's and their outstanding service and caring, written by a person with 18 years EMT service. Peterson stated this letter makes our City very proud. Peterson stated he received a call from a Fridley resident thanking our Library for their wonderful service. CONSENT AGENDA City Manager Walt Fehst took Councilmembers'through the Consent Agenda items: PA City Council Minutes January 23, 2006 Page 2 of 15 1) Approve City Council Meeting Minutes for January 9,2006 regular City Council meeting Motion to approve the minutes ofthe January 9, 2006 regular City Council meeting as presented. Nawrocki requested corrections to page 20 "committees at the State and Metro League", page 14 ''have'' (instead of gave) good people working for us, and regarding looking ahead at the budget, "we need to look ahead more than three years, because it will be more years than that before we get tax money to pay for services required in this area". 2) Establish Work Session meeting date for February 6,2006, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for February 6,2006 beginning at 7:00 p.m. in Conference Room 1. Fehst stated work session items would include: Feasibility Report for the Prestemon athletic field lighting, rental property inspection process as per request, and single sort recycling pilot program. 3) Adopt Resolution No. 2006-14, being a Resolution sup-porting the Columbia Heights Peace Clock Motion: Move to waive the reading of Resolution No. 2006-14, there being ample copies available to the public. Motion: to adopt Resolution No. 2006-14, being a Resolution supporting the "Columbia Heights Peace Clock" Fehst stated this is accepting the clock as a city project where funds are raised through donations to the non-profit activity fund. Nawrocki commended the Mayor for his initiative and questioned the City's involvement. Fehst indicated the City would do copying and answer telephone calls, but would not spend any money. Nawrocki stated the City is donating paving blocks and questioned who would build the base. Peterson indicated that would be completed by volunteers. The clock company will install the clock, but it may require City assistance to hoist it into place. ~~awrocki questioned cloclc mainten&.1'J.ce and electricity costs. Peterson stated that any remaining funds would be used for such things. Kevin Hansen, Public Works Director, stated the power would be connected to the stoplights. RESOLUTION NO. 2006-14 BEING A RESOLUTION SUPPORTING TIlE "COLUMBIA HEIGHTS PEACE CLOCK" WHEREAS: The City recognizes the need to develop civic pride through citizen involvement and participation; and WHEREAS: Mayor Gary L. Peterson has begun a 501.C.3 Corp Activity Fund accepting donations toward a Columbia Heights Peace Clock to be placed on the public right-of-way at the intersection of Central Avenue and 40th Avenue, and WHEREAS: Donors may receive their name engraved on a brick in the courtyard or on a plaque; and WHEREAS: A time capsule, with the message of peace, would be buried at the base of the clock with the intent to be opened on the 150th Anniversary of our City in 2048; and WHEREAS: The intent is to dedicate the Peace Clock to the City of Columbia Heights at the Jamboree on June 23, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council recognizes and supports the necessary direct and indirect City involvement toward the dedication of the "Columbia Heights Peace Clock". P.5 City Council Minutes January 23, 2006 Page 3 of 15 4) Reappoint Pat Jindra to the Economic Development Authority with the term to expire on January 6, 2012. Motion: to reappoint Pat Jindra to the Economic Development Authority with the tenn to expire on January 6, 2012. 5) Approve raffle for Little Voyageurs Montessori School, St. Timothy's Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51 st Avenue, Columbia Heights, on May 2, 2006; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 6) Adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Removed 7) Approve stipulation of settlement with Kremer/Davis Inc. for 3900 Jefferson Street. Motion to approve the stipulation of settlement that authorizes the City of Columbia Heights to pay Kremer and Davis, Inc. $260,000 for the above described property plus interest on the portion of that amount which remains unpaid. This stipulation of settlement shall be funded with Community Development Block Grant or Minnesota State Aid Road funds. Fehst stated this did not go to eminent domain and the CD Block Grant would pay the major portion with the remaining $13,292 funded from additional CD Block Grant funds or MN State Aid. Williams stated that we did not have to use eminent domain before this. Fehst stated it was used prior to this for small easements and one other property is pending. 8) Authorization to seek bids for 2006 sanitary sewer pipe lining proiect. Motion to authorize staff to seek bids for the 2006 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. 9) Adopt Resolution 2006-15, being a Resolution accepting the feasibility report for Zone 1A Street Seal Coating and Ordering the Public Improvement Hearing. Motion to waive the reading of Resolution 2006-15, there being 8...1TIple copies available for the-public. Motion to adopt Resolution No. 2006-15, being a Resolution accepting the Feasibility Report for Zone lA, City Project 0601, and calling for the Public Improvement Hearing beginning at 6:00 p.m. on March 6, 2006. Nawrocki stated he would not be available for the March 6th hearings and wants to hear resident questions and concerns and that more work is proposed than necessary. Some residents could be assessed $5,000 to $6,000 if water system work is required. Hansen stated at the informational hearing is tentatively set for February 16th in the Council Chambers. RESOLUTION NO. 2006-15 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 1A SlREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT- NO. 0601 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and P.6 City Council Minutes January 23, 2006 Page 4 of]5 WHEREAS, pursuant to Resolution No. 2006-15, a report has been prepared by the Director of Public Works with reference to the Zone IA Street Seal Coating Program, and WHEREAS, Zone IA is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45tl' Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23, 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, Mrl'fNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property 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 of $63,670. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 10) Adopt Resolution 2006-16, being a Resolution, accepting the feasibility report for the Cleaning and Lining of3,200 Lineal feet of Water Main under the Minneapolis 2006 Program and Ordering the Public Improvement. Motion to waive the reading of Resolution 2006-16, there being ample copies available for the public. Motion to adopt Resolution 2006-16, being a Resolution which accepts the Feasibility Report for the 2006 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,200 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2006. RESOLUTION NO. 2006-16 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2006 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT - NO. 0603 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2006 Water Main Cleaning and Lining Program, and WHEREAS, the 2006 Water Main Cleaning and Lining Program includes the following main segments: Madison from 48th to 51st Avenues, 48th Avenue from Jefferson Street to Monroe Street and Monroe from 48th to 49th Avenues WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23,2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property 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 of $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of January, 2006, 4. These improvements shall also be known as Project No. 0603 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 11) Adopt Resolution 2006-12, being a Resolution accepting the Feasibility Report for Zone 7B and lA Street Rehabilitation and ordering the Public Improvement Hearing. P.7 City Council Minutes January 23, 2006 Page 5 of 15 Motion to waive the reading of Resolution 2006-12, there being ample copies available for the public. Motion to adopt Resolution 2006-12, being a Resolution accepting the Feasibility Report for Zone 7B and 1A Street Rehabilitation, City Project No. 0502, and calling for the Public Improvement Hearing beginning at 6:30 p.m. on March 6, 2006. RESOLUTION NO. 2006-12 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7B AND lA STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and lA area of the Street Rehabilitation Program, and WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 37th Avenue to 45th Avenue. WHEREAS, Zone lA is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effecttve, and Said report is hereby received by the City Council of Columbia Heights on January 23, 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property 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 of$I,103,105. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 23,2006 as presented. Nawrocki questioned ifthe tobacco license request has a license now. Fehst stated that the business does, but there is a new owner. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 115611 through 115814 in the amount of$1,419,849.00. Peterson asked the City Attorney, ifhe and Councihnember Williams, as members on 501C3, could vote on the City support of the clock project. Jim Hoeft, City Attorney, stated that as they would not receive remuneration, they would be allowed to vote. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, with the exception of#6. Diehm questioned if comments at the Public Improvement Hearing could be video taped. Nawrocki stated that would be at a special Council meeting and he would be present. Hansen stated the informational meeting usually has 40 to 60 people and the actual hearing normally has less than 10 people. Upon vote: All ayes. Motion carried. P.8 City Council Minutes January 23, 2006 Page 6 of 15 6) Adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Nawrocki stated that complete infonnation was not received on salaries, salary adjustments, and comparable salaries in other metropolitan areas. This should be deferred to a work session. Linda Magee, Assistant to the City Manager/Human Resources Director, stated that contract changes are consistent with Council discussion regarding collective bargaining, which occurred t two executive sessions, and with other communities for this period of time. The bargaining unit did vote to accept the city's proposal. Money has been budgeted for this. Nawrocki indicated that Council should have better information before they are asked to vote on this agreement. Diehm stated this was discussed at length in an executive session, and direction was given. This recommendation is within those parameters. Nawrocki stated that if a person did not take dependant health insurance coverage they could use it for other purposes. Last year there was an increase approved for family health coverage above the negotiated amount. Magee stated that the use of remaining funds differs by bargaining unit. In this group, those with single coverage cannot use the remaining funds for anything else. Nawrocki asked if there is a Stanton Report or information to substantiate the salary increases through comparison and requested copies. Magee stated she would provide this, but as far as police officer compensation, we are lagging behind other communities. Motion by Nawrocki to table the Law Enforcement Labor Services labor agreement to a work session so additional information can be obtained relative to the recommended changes. Peterson called for a second. Motion died for lack of a second. Nawrocki stated it is regrettable that Council is not being given better information on salaries, adjustments, and comparable salaries in the metropolitan area. Peterson questioned the purpose ofthe request for additional information and if our salaries lag behind other department, are we prepared to then catch up? He stated he was comfortable with the recol11l11.endation. Diehm stated this was discussed at length with staff and they were given parameters. She is comfortable with this resolution. Williams indicated this agreement has already been negotiated, Council has discussed this, and it is important to approve this now to show our officers that we support them. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2006-13, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Williams indicated this constitutes a three percent salary increase and an additional $70 for health insurance coverage. Nawrocki stated that insurance costs did go down this year. P.9 City Council Minutes January 23, 2006 Page 7 of 15 Upon vote: All ayes. Motion carried. RESOLUTION 2006-13 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007. 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 2006 and 2007 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Nawrocki stated comments on bills: we should get bids from local tax paying caterers for our events; a hoist was purchased for Public Works for $14,000 and bids should have been taken; we purchased five color copy machines without formal bids, which should have received Council approval. Fehst stated the equipment was off the State contract and quotes were received for the copiers. He stated that we work with the local caterer on many occasions. Elrite explained the process used to purchase the copiers and the reasons for purchasing them now. Six quotes were received, three products were reviewed and the sale was awarded to the lowest quote. PUBLIC HEARINGS A) Close Revocation Hearing for 1215 37th Avenue Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Bryan Buch regarding rental property at 1215 3 7th Avenue NE in that the owner has corrected the violations. B) Adopt Resolution No. 2006-19, being a Resolution for Rental Housing License Revocation at 4349 7th St. Chief Gorman stated the owner failed to submit a license application and schedule an inspection. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-19, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Ifa Umar regarding rental property at 4349 7th Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-19 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Ifa Umar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4349 7th Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 10,2006 of an public hearing to be held on January 23, 2006. P.lO City Council Minutes January 23, 2006 Page 8 of 15 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 the following: FINDINGS OF FACT 1. That on November 30, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail tei the owner at the address listed in the property records. 2. That on January 10, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: ' a. Failure to correct violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 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, Chapter 5A, Article ill 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4349 is hereby revoked; 2. The City will 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. C) Adopt Resolution No. 2006-17, being a Resolution for Rental Housing License Revocation at 4639-41 Washington Street Chief Gorman stated the owner had scheduled an inspection on January 3, but did not submit the paper work. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-17, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ke1zenberg, to adopt Resolution No. 2006-17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by Twani Traynor regarding rental property at 4639-41 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-17 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 Washington Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 22, 2005 of an public hearing to be held on January 23, 2006. 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 the following: FINDINGS OF FACT 1. That on December 7, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 22, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certilled mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's P.ll City Council Minutes January 23, 2006 Page 9 of 15 Residential Maintenance Code were found to exist, to-wit: 4. Failure to correct violations of the residential maintenance code: Failure to submit a rental license application. 5. 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, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4641 is hereby revoked; 2. The City will 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. D) Adopt Resolution No. 2006-18, being a Resolution to declare a nuisance and approve abatement at 4232 5th Street Assistant Chief John Larkin stated this property was up for abatement last fall and has had other problems in the past. In December staff noticed that outdoor storage was just moved to another area ofthe property. Nawrocki questioned entering the property. Larkin indicated staff can not enter the property without permission, however properties can be viewed from a concerned neighbor's yard. Motionby Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-18, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-18, being a Resolution of the City Council of the City of Columbia Heights declaring the property at 4232 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to Columbia Heights City Code, Chapter 8, Article II, Section 8.206. Upon vote: All ayes. Motion carried. Nawrocki indicated that while viewing the properties he found vehicles without a current license. He stated that staff should make a list of the vehicles for enforcement purposes. Gorman stated the inability to do this, as it is a time issue and falls under the area ofthe Police Department. vVith 600 commercial inspections and residential inspections each year, time orJy allows additional inspections upon complaint or blatant violations. Gorman stated that priorities would be discussed at a future work session. RESOLUTION 2006-18 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, .Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on December 1,2005. 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 the following: FINDINGS OF FACT 1. That on December 1, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. P.12 City Council Minutes January 23, 2006 Page 10 of 15 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. 1...Shall remove aWany outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; 'fHKOUGHOUT THE YARD, MOSTLY BETWEEN THE GARAGE AND HOUSE. R. Shall remove aWany buckets in the yard/on the property C. Shall remove all/any milk crates in the yard/on the property D. Shall remove all/any tables in the yard/on the property E. Shall remove all/any lawn maintenance in the yard/on the property F. Shall remove aWany plywood in the yard/on the property G. Shall remove all/any pumps/pump parts in the yard/on the property That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4232 5th Street Washington Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement 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 abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4232 5th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4.That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 E) Issue rental housing License for 3726 3rd Street Motion by Williams, second by Kelzenberg, to issue a rental-housing license to TJ Holdings LLC to operate the rental property located at 3726 3rd Street NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. F) Issue rental housing License for 212-214 42nd Avenue Motion by Williams, second by Kelzenberg, to issue a rental-housing license to Asad Khan to operate the rental property located at 212-214 42nd Avenue NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. Williams indicated that nothing appears to be happening at the house on Cleveland and Council was told work would start immediately. Hoeft suggested he speak to the Building Official. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Nawrocki stated that a Council meeting has not been established for March 6. He will not be present at the March 13th Council meeting or March 6th and would like to be present for this hearing. This group keeps requesting more things and we should see if they are serious about moving ahead and if they will abide by the agreements they have made. Peterson stated this item is being tabled. The land has a lot of problems and the developer is acting in good faith. Nawrocki asked that this hearing be held at the second Council meeting in March. P.13 City Council Minutes January 23, 2006 Page 11 of 15 Peterson stated that the general requirements are mechanical and if not met could be continued. There will be additional discussion at the Economic Development Authority (EDA) meeting tomorrow night. Williams ifthey delay this vacation, why wouldn't we delay the next item for vacation. Hoeft indicated this ordinance is relative to the adjacent property owner's access and would not be necessary if the development does not go through, however the next ordinance would benefit any development. Motion by Williams, second by Diehm, to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, to Monday, March 27,2006, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 2) Second reading of Ordinance No. 1504, vacating a portion ofthe University Avenue Frontage Road. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1504, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, by Williams, to adopt Ordinance No. 1504, being an Ordinance vacating a portion of the University A venue Frontage Road. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ORDINANCE NO. 1504 BEING AN ORDINANCE VACATING A PORTION OF THE UNIVERSITY AVENUE FRONTAGE ROAD The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That past of University Avenue (Trunk Highway No. 47) lying North of the westerly extension of the south line of Block 90, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota, South of the south line of 40th Avenue N.E. and East of the following described line: Beginning at the southwest comer of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of 870.58 feet, more or less, to the south line of said 40th Avenue N.E. and there terminating. Section 2: The vacation of the right-of-way described above shall be subject to the following condition: The east 30.00 feet of University Avenue Northeast lying northerly of the northerly right-of-way line of 37th Avenue, and lying southerly of the westerly extension of the northerly line of Lot 5, Block 90, Columbia Heights Annex to Minneapolis, according to the recorded plat. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. Other Business Nawrocki indicated that a car lot moratorium was to be discussed tonight. Fehst referred to the memo distributed to Council recommending this go back to the Planning and Zoning Commission (P&Z). Fehst stated that discussion indicated new and used car dealerships on Central Avenue could be required to be housed inside a building. P.14 City Council Minutes January 23, 2006 Page 12 of15 Peterson stated that vehicles, whether antique or collectors, placed within a building that meets our design guidelines would not be an eyesore. Fehst stated the intent is to consider a conditional use pennit (CUP) for any dealership. Concerns include property screening. Fehst referred to the property on 51 st and relative issues. Nawrocki indicated that conditions placed on the Auto World lot is a step forward and should be carried through to other car lots. We should not distinguish between any lot in our community, whether on Central or University avenues. Fehst stated that a CUP would allow review of the property each year. Nawrocki indicated the desire to move ahead on this ordinance prior to the February 28th expiration of the moratorium. Hoeft indicated the code would remain status quo ifnot acted on by the 28th. The moratorium was to allow staff to study this, which is still in process. The only deadline would be self-imposed. Council would review conditional uses on an annual basis. The property on 51 st is a permitted use and will stay that way unless the ordinance is changed. Fehst stated concerns are for adequate circulation, parking of workers, and maintenance of the site. Hoeft stated that court proceedings covered inadequate off street parking. Fehst requested a motion that would require a conditional use permit for the sale of used or new cars in the city. Nawrocki indicated,there should be a first reading of the ordinance to complete this by the end of the moratorium. Diehm indicated that an ordinance requires a first and second reading and 30 days prior to passage. There would still be a gap. Hoeft stated that a special meeting could be held with a three day notice for the second reading and be in effect 30 days following passage. Diehm asked if this could be addressed without being on the posted agenda. Hoeft stated it could be added to the agenda. Hoeft stated the second reading could evidence changes in ordinance form. Peterson questioned if this would require a conditional use permit in all zones, could enclosed buildings still be a condition. Hoeft stated there \-'1{Quld be different concerns in different areas, such as a neighborhood versus Central Avenue. F ehst suggested conditional use requirements in areas where lots are permitted now, include controls on screening. The prospect of new or antique car sales indoors could be addressed later. Hoeft stated this is a stopgap measure and Council may request that the P &Z look at this again. Motion by Nawrocki, second by Kelzenberg, to add to this agenda, under Other business, 7C, the first reading of an ordinance with modifications for new and used car sales in Columbia Heights, Upon vote: All ayes. Motion carried. Hoeft stated that the first reading would modify the current Columbia Heights Zoning Code to require a conditional use pennit for the sale of any new and used cars where it currently is a pennitted use. Williams asked the City Attorney ifhe should abstain from the vote for reasons of conflict. Hoeft indicated yes. Diehm questioned being unable to waive the reading ofthe ordinance, asked that the ordinance be given a number, and what part of the code it would modify. Hoeft stated that ordinance numbers are P.lS City Council Minutes January 23,2006 Page 13 of 15 sequential and the discussion is clear for the audience as to the purpose ofthe ordinance. Diehm questioned if this is acceptable even though we have not established what those conditions would be. Hoeft stated they would be on an ad hoc basis on each request. Specific conditions can be created at a later date. Diehm suggested setting a special Council meeting for Monday, January 30,2006 at 6:30 p.m. Motion by Nawrocki, second by Kelzenberg, to approve the first reading of an Ordinance to modification the Columbia Heights Zoning Code, requiring a Conditional Use Permit for any new or used car sales in any district where it is currently a permitted use. Friendly amendment by Nawrocki, second by Kelzenberg, to schedule the second reading of the ordinance for 6:30 p.m. on Monday, January 30, 2006 in the City Council chambers. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes- 1 abstention. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . Corporal Ted Fischer was promoted to Sargent . Officer Dale Sorenson was promoted to Corporal . Officer Matt Markham was promoted to Investigator position . Officer Matt Aish was promoted to Investigator position . Officer Steve Korts was promoted to the Drug Task Force . Officer Jerry Wellman will step into the Community Service Officer position. Nawrocki stated he has requested financial information on the industrial area development. The response did not address expenses. Fehst suggested Councilmember Nawrocki schedule a time to meet with Mr. Streetar, Mr. Elrite, Mr. Schumacher, and himself to discuss this. Nawrocki stated he believed there would be a resolution on this agenda to accept the Boosters $30,000 donation. Nawrocki spoke of continued problems receiving the Sun Focus newspaper. Williams stated there would be a joint CounciVSchool Board work session on Monday, January 30 at 7:00 p.m. in the Council Chambers. Report of the City Attorney - none CITIZENS FORUM Brian Olsen, 1592 Roselawn, Falcon Heights, complimented the City on their web site for having agenda packets and minutes; with meeting minutes going back 80 to 90 years. He stated concern that the download software was not compatible with his Mac computer. He agreed that local newspaper delivery is erratic. The law has been changed, not requiring delivery door to door. Copies are only required to be available in the community. Olsen stated that placing legal notices on the City web site should be sufficient. Not everyone has web access, but not everyone is getting the paper either. Nawrocki stated that the rules have changed on legal publications. Prior they had to be printed weekly. Twice a month publications are now allowed. The Northeaster newspaper covers our area every two weeks, and they send the newspaper through the mail. P.16 City Council Minutes January 23, 2006 Page 14 of 15 COUNCIL CORNER Williams . Read a letter fi-om Mark Hinrichs - encouraged about the roundabout. We will work to change the names of signs and streets to recognize others. Hinrichs offered to assist raising donations for the replacement of the LaBelle plaque. Peterson stated this would be done when ordering the clock plaque. To answer Hinrich's question he read the sump pump program statistics. . Hennepin County Traffic Advisory Commission announced Corporal Bonesteel's selection as Traffic Officer of the Year. . Rock Around the Clock fundraiser for the Peace Clock on St. Patrick's Day at Murzyn Hall- sponsored by the Columbia Heights Community Fund. . Referred to a fundraising event attended in Arizona. . Continue to have peace, prosperity, and health. Kelzenberg . Read Police Department incidents from the Green Sheet. Our people go the extra Inile. Congratulations to Corporal Bonesteel. Chief Johnson has been appointed Chair ofthe Radio Committee. Nawrocki . Funeral service for Margaret Hash - she was very active, in the past, in our community. . Heard from Dr. William Ashford, a past Chiropractor in Columbia Heights. He was also active in our con:nnunity. His son, Larry Hash was elected to the State Legislature. . SRA - topic of discussion, new rate filings by Xcel. SRA will cover consumer and City interests. New State regulation for cities to be responsible to locate utility lines. SRA working with the League ofMN Cities and MN Public Engineers on how to best comply with State regulations. . Green sheet article regarding drug house where neighbors reported suspicious activity. When you see suspicious activity, call the police. . NorthStar Corridor meeting this week in Coon Rapids, with a presentation on the system station in Fridley. . There should be additional discussion on the Huset area street names. Peterson stated there are others in the community that deserve to be recognized and encouraged residents to contact council members with names. . Listed items from the State League Legislative conference with an opportunity to meet your Legislators. The cost is $80 and is on March 30. . Picked up a sign code handout at the Rosedale City Hall and asked that it be compared to our sign code. Diehm . Advanced Auto Parts opened last Thursday and will hold a grand opening in the future. . Invited everyone to attend the joint School Board/City Council meeting next Monday. This will be a renewed commitment to work together. . Listed the SACA food shelf numbers for December. Encouraged residents to attend their fundraising spaghetti and empty bowls dinners. Nawrocki Referred to an email from a resident on the stadium and re-raising of sales tax to pay for it. The P.17 City Council Minutes January 23, 2006 Page 15 of 15 County is trying to get legislation that would not require a public vote. Peterson e Listed upcoming fundraisers, which are all good causes, and asked residents to support them: o FebrualY 11 - Tri City Hockey at Murzyn Hall o Februa1Y 17 - Lions Sweetheart Dance at Murzyn Hall o First weekend in March - Ambassador Program fundraiser for SACA o March 17 - St. Patrick's Day - Rock Around the Clock for the Peace Clock o April 26 - Annual Prayer Breakfast o Don't take ourselves too seriously - do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 9:47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.18 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL CITY COUNCIL MEETING JANUARY 30, 2006 .'n=f ES E 1\1' N tJ TE S 1,=~ tnun,::-~ 1" '["'IF S" E" _, ,- ~ oJ , " ""- '1 I ,I:! . _ c::r ~:" "i""." -,,"";,.. :: m:::..... '-'_ .~ ~J 4 ;) E fi\ U /-'" r ,..., Ir"--' ~J 'V',;"- j( ''', ,~ tl.. r.u . d,\~' ,- [=~ E . r~.n~i:5:.. 5-A-I-b The following are the minutes from the SPECIAL meeting ofthe City Council held at 6:30 p.m. on Monday, January 30, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDEWROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, and Councilmember Kelzenberg Absent: Councilmember Williams PLEDGE OF ALLEGIANCE - recited DELETIONS TO MEETING AGENDA - none ITEMS FOR CONSIDERATION . Ordinances 1. Second reading of Ordinance No. 1505, being an Ordinance amending Ordinance No. 1490, City Code of2005, Zoning Amendment to the General Business District (GB) Jeff Sargent, City Planner, stated that the proposed amendment would require conditional use permits for automobile sales/rental and recreational vehicles. Previously, they were permitted uses. This is in response to the moratorium that will expire in February. The initial moratorium was set for 18 months, but State law has reduced the allowance to one year. Nawrocki requested to see a map of the existing district and questioned the criteria for a conditional use permit. Sargent showed the GB district on a city map and stated requests would need City Council approval ifthey wished to establish a new or used car lot in the distinct. No criteria have been established. Diehm stated that the current code lists requirements and that the use must be consistent with the area. Sargent stated there are general conditions such as parking, lighting, and setbacks. Nawrocki asked what would be different with this ordinance. Sargent stated only that they would need Council approval. Nawrocki indicated that to arbitrarily deny a permit could be challenged. Sargent stated that if Council wished to deny a permit, they could do so. Sargent stated this is an interim ordinance with the intent to establish stricter guidelines in the future. Kelzenberg stated this meeting is because of the timing for the cunent moratorium to expIre. Diehm stated there are codes for current administration and enforcement. We have not developed the specific standards that would apply only to new and used automobile sales. Nawrocki questioned if there is presently a City code 9.107. Sargent stated there is. Motion by Nawrocki, second by Kelzenberg, to waive the reading of Ordinance No. 1505, there being ample copies available to thep. i gic. Upon vote: All ayes. Motion carried. City Council Minutes January 30, 2006 Page 2 on Motion by Kelzenberg, second by Nawrocki, to adopt Ordinance No. 1505, being an Ordinance amending Ordinance No. 1490, City Code of2005, adopting the proposed zoning amendments. Nawrocki indicated that the ordinance should have the Council Secretary title attached. Diehm read the current general requirements from City Code. Section 9.104. She stated that 9.107 would refer to the specific requirements. Upon vote: All ayes. Motion carried. Miscellaneous Nawrocki stated the City newsletter should have the Council Secretary's title in the Board and Commission article. Sargent referred to his memo of the 26th regarding renaming roads in the Industrial Park. The one response included six names. Ifthese are suitable, we would use them as a default. Nawrocki indicated this should be discussed at a work session, as he also has names to consider. Peterson questioned street names in the first and second phase ofthe development. Sargent stated that the streets in the first phase have been platted and it would be costly to change them. These names would be used in phase two. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:45 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1505 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO mE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business 1) Pennitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. t) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobileconvenience facility. P. 2 0 City Council Minutes January 30, 2006 Page 3 oB k) Automobile repair, minor. 1) Banquet Hall. m) Billiards Hall. n) Bowliilg Alley. 0) Car wash. p) Clinic, medical or dental. q) Clinic, veterinary. r) Daycare facility, adult or child. s) Financial institution. t) Food service, convenience (fast food). u) Food service, limited (coffee shop/deli). v) Food service, full service (restaurant/nightclub). w) Funeral home. x) Greenhouse/garden center. y) Health or fitness club. z) Hotel/motel. aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum or gallery. dd) Office. ee) Retail sales. ff) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. jj) Theater, live performance. kk) Theater, movie. Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: a) b) c) d) e) 1) g) h) i) j) k) 1) m) n) 0) p) Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. Government maintenance facility. Arcade. Automobile sales/rental, new and used. Recreational vehicle sales, new or used. Firearms dealer/Shooting range. Hospital. Outdoor sales or display. Outdoor storage. Parking Ramp. Assembly, manufacturing and/or processing. Printing and/or publishing. Consignment/Secondhand store. Club or lodge.CCurrency exchange. . Pawnshop. Drop-in facility. P.21 5 -A ..2-0, HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF OCTOBER 25, 2005 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (BRA) was called to order by Chair, Bruce Nawrocki at 7:02 p.m., October 25,2005, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Bruce Nawrocki, Tammera Ericson Diehm, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce . Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Nawrocki asked Welke when the building lost power last month, did both elevators go down at the same time. Welke stated both elevators did go down, when she came in the next morning and discovered it, she called contractors to fix the problem as quickly as possible. Ecklund stated it was for about a day. Nawrocki asked if the maintenance person couldn't have called for service. Welke stated the problem started after hours and actually turned out it wasn't anything Terry could fix. Nawrocki asked if the lead base paint testing was done and will there be a report tonight on it. a 'Donnell stated the testing was done and that the company that performed the testing hasn't provided the report yet. MOTION by Ericson Diehm, second by Jindra, to approve the minutes from July 26, 2005, regular meeting as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY Welke stated in July there were 7 police calls, we continued to get more names on the waiting list for the north building, the grill was installed by resident council. In August, there were 5 police calls, applicants for units kept coming in, there was a grass roots meeting held and it was decided to continue the meetings with residents the j81 Wednesday of each month at 1:30 p.m. In September, there were a total of 8 police calls, the south building still has just one opening, 46 work orders were completed, the north hallways were painted by maintenance and both the north and south buildings have been shampooed Nawrocki stated he received a letter from Mr. O'Donnell about the way he criticized Walker staff at meetings, Welke sent letters to a few residents regarding the way they treated her at a recent meeting, he talked to Streetar and 0 'Donnell to discuss this and determined talks will continue privately. Ecklund, Jr. stated he received one of the letters from Welke, felt he was not inappropriate and that each of the residents receiving a letter felt she could have called them into her office to discuss this separately. Nawrocki stated this matter would not be discussed anymore. P.22 Housing & Redevelopment Authority Minutes October 25, 2005 Page 2 of8 RESIDENT COUNCIL MINUTES Jindra asked if anyone had any questions or comments. There were none. CITIZENS FORUM Ron Schumacher, Unit 702, he did have mold in his apartment, which Terry, the maintenance man for the building was taking care. Ruth Hillestad, Unit 310, asked what the grass roots meetings are about, she didn't feel the meetings are necessary. Hillestad then made some comments about Welke's mother that she and other residents felt were inappropriate, causing Welke to leave the room. Nawrocki asked who started the grass roots meetings. Hillestad stated Welke did, she said we needed an open meeting to rationalize issues in the building. It was set up to talk rationally about what is going on around the building and that isn't what the meetings are about. Leonard Garin, Unit 207, he was at the meeting and it was a get to know each other meeting, he said some personal things about his life and wasn't criticized about them, he runs a comedy hour once or twice a month with comedy movies for the residents and he gets criticized for that. It was a meeting called, "Laughing with Lee", and was started for something for residents to do in the building. Renie Suftka, Unit 104 stated if residents don't like what is happening at the meetings, don't go, no one is forcing you to go. Ericson Diehm stated we need to establish some kind of rules for this meeting, our goal is to accomplish our City business and not offend anyone at these meetings, we should take a break, as we have management staffrunning out of here crying, we need to establish rules. Nawrocki stated this is a part afbeing in public life, you need to deal with it, and that he has been called every name in the book. Ericson Diehm stated sfze realizes he has had this type of conflicts with the public, but is lookingfor him to address this situation in someway, at this time before we go on with the meeting, and that she would like to hear from the rest of the board on this issue. Nawrocki asked if the board would like to take a recess. Ecklund Jr. stated he would like to see a short recess before we resume. 0 'Donnell stated he told Welke she could leave the room or leave for the night, that was up to her. (Upon Welke returning to the meeting residents applauded.) Jindra stated it was unfortunate this came up. Ericson Diehm stated when this type of situation comes up we should address it by saying that this type of comments will not be allowed at a Public Meeting. PUBLIC HEARING Resolution 2005-04, Approvim~ the 2006 Public Housine; Ae;encv Plan Welke stated the Public Hearing notice for the PHA plan was advertised in the paper andthe document approved by the Dakota County authorities to make sure that it complies with the Anoka and Dakota County P HA plan. She will be contacting Anoka County to see if the certification should be signed by Anoka County. The plan is exactly the same as in previous P.23 Housing & Redevelopment Authority Minutes October 25, 2005 Page 3 of8 years, except for a few policies that the HRA board has approved this year. Nawrocki stated under attachment A the rules for underground parking, how did we come up with using Gopher Towing and have we ever checked pricing from other companies. Welke stated that policy was in place at the time Walker started 0 'Donnell stated we haven't checked pricing with other companies and believed the person getting their car towed has to pay for the tow, not the HRA. Welke stated she would check into other company fees for the board Ecklund Jr. stated under the common area policy, it should read the meetings are held on Tuesday. Welke agreed to make the change. Jan Honyfora, Unit 205, has a handicap sticker, but has to parkfar from the door, she is on the waiting list, Welke tried to give her a parking spot but there has been a white car in the spot every since, there isn't any policing of the parking lot. Welke stated the parking situation was a mess so they ordered some new signs, which came with the numbers mixed up and will be returned tomorrow. Nawrocki asked if there is some kind of provision for residents in the parking ramp across the street. Welke stated residents do have City parking tickets so they can park there. Nawrocki told Honyford we cannot guarantee everyone will have a parking spot and asked Welke to make a temporary sign until the corrected signs come. Welke agreed Motion by Ericson Diehm, second by Williams, to close the public hearing. All ayes. Motion Carried. Motion by Ericson Diehm, second by Williams, to Adopt Resolution 2005-04, a Resolution confirming approval of the 2006 Public Housing Agency certifications of compliance with the PHA plans and related regulations. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Resoiution 2005-05, Desie:natini:: Deposito" for the HRA Nawrocki stated this resolution is designating a depository for Northeast State Bank. Streetar stated this is a document requested by the Finance Department, is a standard procedure, and that staff has reviewed the document. Nawrocki asked how many people sign checks. Lindig stated there are two people that sign and currently Ericson Diehm's name was on this document as HRA chair. Nawrocki stated he felt City staff should be signing the check, such as the Executive Director, Deputy Executive Director or Mayor. Streetar stated the account was set up as a cash flow for management of Parkview Villa, not the larger fund balance, which would have to be approved by Walt, Elrite or him. Ericson Diehm stated ifwe would do what Nawrocki is asking we would have to approve expenditures before Welke could buy anything, then we would be waiting to have authorization, thus slowing up the process of purchasing necessary items for the building. P.24 Housing & Redevelopment Authority Minutes October 25, 2005 Page 4 of 8 Motion by Ericson Diehm, second by Kelzenberg, to Adopt Resolution 2005-05, a Resolution designating depository for the Columbia Heights Housing and Redevelopment Authority (HRA). Amended Motion by Nawrocki to have staff sign all checks also. Motion dies for a lack of a second. Upon Vote of original motion: All ayes. Motion Carried. Resolution 2005-07. Approving the ACOP Policy for Parkview Villa South Bob Alsop, Kennedy & Graven stated he would like to make some general comments about all three resolutions 2005-07, 08, and 09. He apologized that he wasn't able to get the A COP for the North building ready for approval. All leases were looked at for the following reasons: 1) to insure compliance with State and Federal law; 2) eliminate ambiguities and/or inconsistencies,' and 3) implement the tenant eligibility criteriafor each building. For the South buildings A COP the primary changes are: 1) nondiscrimination and accessibility provisions were added, with the obligation to advertise and market the buildingfor residents 55 years of age and older; 2) eliminated all provisions related to the operation of the building of a public housingfacility; 3) eliminated tenant selection provisions to include a preference for local residents; 4) revised and simplified the grievance procedure for purposes of providing limited due process for tenants when their lease is terminatedfor cause by the HRA; 5) a previously adopted internal transfer policy was added; and 6) exhibits were either eliminated or incorporated Also added is, the attorney's fees for going to court when the HRA enforces an unlawful detainer. Nawrocki asked under what conditions would we issue an unlawful detainer and ifwe did, who would represent the HRA. Alsop stated it would be when you file a complaint in district court, it goes before a hearing officer, then to trial to determine if there was a violation of the agreement and an attorney for the HRA would go to court. Alsop suggested sending an authorized representative of the HRA or the property manager that is authorized under the rules that you give them power of authority to appear on their behalf and you would avoid to some extent, the legalfees incurred by sending an attorney. Fehst stated he could remember only one person they had to go to court with in the past 10 years and recommended the board amend the motion to include binding arbitration with the exception that the body feels it is something long term. Nawrocki agreed. Motion by Williams, seconded by Kelzenberg, to Adopt Resolution 2005-07, a Resolution approving the Parkview Villa South Admissions and Continued Occupancy Policy (ACOP), with the amendment to include binding arbitration with the exception that the body feels it is something long term. All ayes. Motion Carried. I P.25 Housing & Redevelopment Authority Minutes October 25, 2005 Page 5 of8 Resolution 2005-08. Park'~iew Villa North Lease Alsop stated the bulk of changes were with regulations to comply with federal and state regulations, some of the management duties and policies that have already been adopted by the HRA. Welke stated neither of the Leases or A COP have been posted, per HUD regulations and would be made available for a period of 30 days prior to going in effect. Motion by Ericson Diehm, seconded by Ecklund Jr., to Adopt Resolution 2005-08, a Resolution approving the Parkview Villa North Housing Lease. All ayes. Motion Carried. Resolution 2005-09. Parkview Villa South Lease Alsop stated the only difference between the north Lease and this one is the recertification requirements, and interim requirements have been removed Motion by Kelzenberg, seconded by Jindra, to Adopt Resolution 2005-09, a Resolution approving the Parkview Villa South Senior Housing Lease. All ayes. Motion Carried. Emergency Pull Cord Svstem- Part 3 Welke stated she received a letter from Anoka County stated they could not supply the remaining cell phones needed for the building. If our maintenance man, Terry removed the unit it would cost approx. $400 versus a substantial amount more from an outside company. Jindra stated, there is a collection box at Murzyn Hall of old cell phones, and asked how many phones we are short. Welke stated she would certainly check into this, there had only been about 50 residents responding to the need, and she has about a dozen left in her office. Fehst stated we could probably raise the number of cell phones we would need Motion by Williams, seconded by Kelzenberg, to approve the removal of the emergency pull cord system at Parkview Villa North and South. All ayes. Motion Carried. Proposed Management Fee Increase Denny 0 'Donnell stated in order for Walker to provide the services at Parkview Villa, we are asking for an increase of our monthly fee by $4,000, based on $29.60 per unit/per month, and $22.00 per unit/per month, for the South building. Dana is passing out a management fee comparison sheetfrom the bids received at the time the HRA chose Walker, which does not show Common Bond and Stuart Management bids were plus the cost of onsite staff, the Common Bond fee was $44. 78, Stuart Management was $36.85, Great Lakes was $23.50 and Walker proposed $27.21, per unit/per month. Walker did not realize all of the organizing and straightening out of management documents that weren't addressed by the previous management company. Walker would like to propose an increase in management fees to cover the additional staff hours used this year. P.26 Housing & Redevelopment Authority Minutes October 25, 2005 Page 60f8 Kelzenberg asked Streetar how the South building is doingfinancially. Streetar stated we are doing well, two years ago we made some adjustments to the rent, where current residents rent would go up by 7.6% each year for three years, at the end of that time there would be one final increase to get everybody up to comparable rates with other senior rental properties in the area. Streetar stated he has had a conversation with Karen Skepper, from Anoka County, where she has indicated they are still interested in Parkview Villa and would like direction from the board. Ericson Diehm asked if Anoka County has there own staff they could use for the building. Streetar stated they did. Fehst asked if 0 'Donnell wanted a decision tonight. 0 'Donnell stated it was merely for discussion and that it is an ongoing effort to stay in compliance with HUD regulations that is driving up the costs. Streetar stated he recommended Walker bring this itemfor discussion before the board as the HRA board would be looking at the 2006 budget. Ericson Diehm, stated we need to acknowledge the fact that Walker has the opportunity to cancel the contract within 30 days, so we should consider our options before approving an increase and felt it might be important at this time to look into our options with Anoka County also. Williams asked if Walker increases their fees could we come up with the money. Streetar stated it would not come by increasing the rent, butfrom operatingfees and income receivedfrom the South building. Nawrocki asked Streetar to talk to HUD for more clarification on if they would be willing to pay for the additional fees. Renie Suftka, Unit 104, asked when you say the money is there, does that mean the rent would go up. Streetar stated that it would only mean that there would be less money available for painting and other items. Kelzenberg stated he would like to see the board direct staff to talk to the County on our options, not that Walker isn't doing a goodjob, but the increase of$4, 000 being requested is a lot of money. Motion by Kelzenberg, second by Ericson Diehm, to direct staff to meet with Anoka County to obtain more information about them taking over Parkview Villa. All ayes. Motion Carried. Resolution 2005-10. Proposed 2006 Parkview Villa South Budget Bob Lindig, Walker Finance Officer stated the budgetfor 2006 is $232,707, which represents a 1.7% or a $3,977 increase over the 2005 budget. Some of the reasons for the increase are: 1) $5,200 more in Capital Outlay; 2) $6,240 more in maintenance and materials; and 3) utility costs are going to significantly be greater than in the past. The North building used significantly more gas than the South building this year. The City labor costs are decreasing by$5,894. Nawrocki asked what is excess utility. Lindig stated that is where some of the residents pay an additionalfundfor use of electricity for air conditioners or freezers. P.27 Housing & Redevelopment Authority Minutes October 25, 2005 Page 7 of8 Williams asked what is the $25,000 Capital Outlay of other buildings and if you look under fund 5120 in past years there wasn't any funds in the budget. Streetar stated $5, 000 represents annual cost to run the building and the $25,000 is the amount above and beyond that figure and that there was a 5-year, building improvement plan approved by the board after the 2004 budget was approved. Motion by Kelzenberg, second by Ericson Diehm, to Adopt Resolution 2005-10, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2006 Parkview Villa South Budget of $232,707 and recommending this budget to the City Council for approval. All ayes. Motion Carried. Resolution 2005-11. Proposed 2006 Parkview Villa North Budget Lindig stated the proposed budgetfor 2006 is $402,047, which is a 9.5% increase or $34,809 from last year's budget. Changes are from the increase of utility costs, primarily gas, City staff labor transfer will increase by $5,431 and maintenance and supplies, which does not include any increase in managementfees. Total revenue of$422, 891 includes $293,777 for rent, the HUD Operating Subsidy of$121, 270, investment income of$5,000 and other miscellaneous charges. Nawrocki stated they have not increased the gas or electric in the budget, and there isn't anything under Capital Improvement. Lindig stated there wasn't anything allotted in the 2004 or 2005 budgets so he didn't make an allotment for 2006. Motion by Kelzenberg, seconded by Williams, to Adopt Resolution 2005-11, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2006 Parkview Villa North Budget of $402,047 and recommending this budget to the City Council for approval. All ayes. Motion Carried. ADMINlSTRATl V E REPORTS- EDA Meeting agenda Streetar stated the EDA meeting would only have one item on it. Other Business Nawrocki stated the VFW gives $130 per month to the resident council, for social events. They do this as they are required by the State to put gamblingfunds back into the City, but has to go to someone with a 5013C status, which is an IRS status for organizations. The VFW is being questioned about the funds as back in the 1990 's the Elim Transitional Housing number was used as the rational for the use the funds. The VFW is looking for some options for the donations to continue such as: 1) they could send the money to the City, which they are temporarily doing then the City would write a check to the Resident Council and the City would have to fill out a form to submit to the state on a monthly basis; or 2) the Resident Council could become a 5013C group, which he asked Commissioner Ericson Diehm if she would help set this up and has agreed to meet with the Resident Council and discuss their options. Ericson Diehm stated, if they would be interested she could meet with them or the other option would be to see if Walker has a 5013 C that could be used. Lindig stated, the funds need to go directly to the resident P.28 Housing & Redevelopment Authority Minutes October 25, 2005 Page 8 of8 council, not funneled through Walker. Ecklund asked if the Residents Council had a 50l3C in previous years. Ericson Diehm stated you would have had to fill out forms each year, a lengthy application, they askfor a lot of information, youjust don't go in an apply for and get it, there is a lot more to this. However, she would recommend that it would be beneficial for the resident council to obtain this. Nawrocki stated he has an appointment with the director of Elim Transitional Housing tomorrow to discuss this, but just wanted the residents council to be aware of this. Ecklund asked if the VFW couldn't send the check to Walker to put in with the washing machine fund and when they need it, draw it out. Ericson Diehm stated no you couldn't do this. ADJOURNMENT Motion by Williams, seconded by Kelzenberg, to adjourn the meeting at 9:44 p.m. Respectfully submitted, V-:7/ ~ Cheryl Bakken Recording Secretary H:\HRAMinutes 2005\10-25-2005 P.29 S -1-\ -2- b ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES NOVEMBER 22,2005 CALL TO ORDEWROLL CALL President, Murzyn, Jr. called the meeting to order at 7:03 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Gary L. Peterson and Bruce Kelzenberg, Tammera Ericson Diehm arrived at 7:34 pm PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of November 2.2005 Minutes Financial Report and Payment of Bills Nawrocki asked what are other financing uses. Streetar stated it was the EDA levy. Fehst stated it goes in and out of the account. MOTION by Williams, second by Peterson, to adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Extension of Sarna Development Ae;reement Schumacher stated the EDA entered into a Development Agreement with the Sarna's for the construction of a 6,000 square foot restaurant on the corner of 40th & University. The developers have exhausted their original 120-day time line and are requesting a 120-day extension. Nawrocki asked when did the original agreement expire. Schumacher stated it expired just after the last EDA meeting. Motion by Peterson" second by Kelzenberg, to approve a 120 day extension of the Development Agreement with David M Sarna, James A. Sarna and James J. Sarna for the redevelopment of the City owned property at 40th & University, and furthermore; to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2005-15. Second Amendment to Contract for Private Development Streetar stated the developer, Bruce Nedegaard has made many attempts since March to acquire the land located at 4811 Central Avenue, known as BW3, Buffalo Wild Wings, but the owner is unwilling to sell the approximately 4,100 square feet of land that sits on top of a hill, which is needed for a temporary construction easement and a permanent street right of way easement for the construction of a public road needed to serve the Grand Central Lofts development. There are two steps the EDA needs to perform: 1) amend the contract pledging assistance to acquire the property by condemnation, and 2) have the City Council pass a this by resol14tion at t~eir November 28th meeting. . " P.30 Economic Development Authority Meeting Minutes November 22, 2005 Page 2 of6 Murzyn asked if anyone from BW3 said why they aren't willing to sell this portion of property. Streetar stated he had talked to the landowner, who said they are basically using this as leverage. Kelzenberg stated he thought BW3 was going to move out of the City. Streetar stated he hasn't heard anything from them. Nawrocki ask how long their lease is for and what are we asking in dollars. Streetar stated he did not know and that it is about $31,000, which Nedegaard would pay back in full to the City per the Development Agreement. Nawrocki asked when we did the condemnation for the savers property, didn't that include this property also. Streetar stated it did not. Motion by Williams, second by Kelzenberg, a Resolution approving a Second Amendment to the Contract for Private Development between the Columbia Heights Economic Development Authority and New Heights Development, LLC; and furthermore, to direct the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2005-16. Approving Consulting Services Agreement Partenheimer stated we have contracted the Greater Metropolitan Housing COlporationfor the past four years to provide a variety of housing services to maintain and improve homes. The contractfor 2006 is $15,000. Jennifer Bergman; GMHC stated, since 2002 the EDA has partnered with GMHC to provide Columbia Heights residents with a variety of housing services to maintain and improve their homes. Theyprovide three things to the City: 1) housing information, which is anythingfrom mortgage foreclosure prevention, homebuyer information, home improvement information, rental information, emergency assistance, etc and 2) construction consultation, as they have a construction manager on staff, who goes out to meet with homeowners, makes recommendations on how to fix up their home, helps owners prioritize their work, writes a scope of work, provides them with a contractors list, monitors the construction, and sometimes provides a mediator when the contractor and homeowner can't come to an understanding. To date they have provided 164 construction consultations, administer a number of loans to residents like the MHFAfix upfund, Community fix up loan, Rental rehab loan, Homeowner Rebate Program. Also, she was also at the housingfair and has done a cable shootfor the City website. Nawrocki asked how many residents have they assisted Bergman stated 694 since 2002, and 189 this year as of the end of October. Streetar statedfunding is available from Fund 226-Special Projects, the agreement begins on January rt and ends on December 31, 2006, and can be terminated by either party with 30 days notice, therefore, staff recommends approval of the agreement with GMHC. Streetar stated he would like to suggest the board amend the contract in two places; 1) add a new number 2 to read: Continue to Administer the Home Rebate Program with funds appropriated in 2005 and change the numbering to end with number 5. Also under Term it P.31 Economic Development Authority Meeting Minutes November 22, 2005 Page 3 of6 should read: iftel'lninated by either party the EDA shall pay a prorated share of the $15,000 for services rendered as of the date of termination. Streetar stated Cher and the Building Official have done a goodjob of directing residents to the Housing Resource Center. Motion by Peterson, second by Ericson Diehm, to Adopt Resolution 2005-16, a Resolution approving the 2006 Consulting Services Agreement with the Greater Metropolitan Housing Corporation (GMHC), and appropriating $15,000 from fund 226 Special Projects Fund for the same, with the above mentioned amendments; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2005-17 and 2005-18. 2006 Budget and LevY Streetar stated the proposed 2006 EDA budget was reviewed at ajoint City Council/EDA worksession on November ih. Since 2002, the focus has been redevelopment of specific areas and the improvement of the housing stock in Columbia Heights. Staff recommends adoption of resolution 2005-17 adopting the EDA 2006 budget of$246, 331 and a levy of$84, 954 and resolution 2005-18 adopting the EDA special benefit levy or HRA levy of$161, 366 and recommending approval by City Council. Murzyn asked if this was the maximum we can levy. Streetar stated it was not, we have approximately 39% in capacity, the HRA is maxed out and the EDA is about 61% and that the way the EDA levy is determined is based upon the market value not the tax capacity. Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2005-17, being a Resolution of the Columbia Heights EDA Adopting the 2006 Budget of $246,331 and a Levy of $84,965 and recommending this Budget and Levy to the City Council for approval. All ayes. Motion Carried. Motion by Peterson, second by Ericson Diehm, to Adopt Resolution 2005-18, being a Resolution of the Columbia Heights EDA approving and Levying $161,366 subject to approval by the City Council. All ayes. Motion Carried. 3919 Central Avenue (Mady's) Purchase Offer Discussion Streetar stated the City Council and EDA identified the area along Central Avenue that includes Burger King, Mady's and the Columbia Heights Rental properties as a redevelopment priority. The City has: 1) acquired and demolished Burger; 2) Performed Phase I Environmental Site Assessments on all three properties, which show the presence of contamination; 3) performed building inspections on all three, which showed they are blighted; 4) submitted a grant request for $50,000 to DEED to pay for the Phase II environmental site assessments to be performed in January or February of 2006; 5) developed redevelopment concepts for this area; and 6) have scheduled a tour in December for EDA members to take a look at similar concepts already constructed Mr. Gene Mady and Doug Foss, co-owners of the Mady's building have verbalized their desire to have the City make them an offer for their building. Mr. Mady stated the building is generating an inadequate cash flow. Mr. Foss, manager of two retail spaces, indicated P.32 Economic Development Authority Meeting Minutes November 22, 2005 Page 4 of6 without a significantly investment in the property he would have difficulty renting the now vacant space, and therefore, does not want to spend a lot of money to that end only to sell it to the City. Staffbelieves this is a good opportunity to purchase the property on afriendly basis, recommends obtaining an appraisal of the property to include fixtures, and determination of relocation benefits, which would be the basis for the offer. Mr. Brett Mady is here tonight on behalf ofhis father, Gene Mady and Doug Foss, who is the co-owner. The ownership has expressed their interest in at least entertaining an offer to purchase by the EDA. Staff is requesting direction to obtain an appraisal of land and the building, appraisal on fixtures, and determine what relocation costs would be in the event of an offer to the partnership. Nawrocki stated maybe we should ask them what they want for the property. Streetar stated we aren't even close to purchasing the property, he is working off of what Mr. Mady and Foss have told him, Mr Mady is interested in entertaining an offer, staff needs to know what makes sense. Doug Foss stated 1) he isn't really enthused about selling the property, he was told he had no choice in the matter; 2) his tenants were told they have anywhere from 12 to 24 months before they would be moved out; 3) he was told within 18 months there is going to be a new building on his property; 4) he has lost a tenant, as Mr. Streetar came acting like he was interested in furniture and letting the tenant know how things are going around here, basically trying to stir up trouble; 5) he has had the Salvation Army as a tenant for 10 years, they have paid over $150,000 in property taxes and he came to find out they cannot expand into the vacant space as somewhere along the way someone changed the ordinance to say they can't expand because they are a consignment shop, which he was never notified about; and 6) he wouldfeel a little better about this transaction ifhe could have a little trust in what is happening. Streetar stated for the record: 1) the loss of their tenant isn't from anything he has done; 2) the reason the Salvation Army isn't aloud to occupy the vacant space is because it is a non- conforming use, the council has indicated in the Zoning Ordinance they did not want to see the expansion of discount or consignment shops any longer in Columbia Heights; 3) he would agree with Mr. Foss that sometime ago we were on a track of 18 to 24 months for this project, but in light of the Industrial Park and staffing changes it got delayed; 4) the outcome hasn't changed; 5) he has never gone in to speak to any business owner and told them they would out in 12 to 24 months, and would ask that the particular business owner come to this meeting to support that. Mr. Foss stated he was speakingfrom what he has heard, he has tried to make efforts to make the Salvation Army conforming and was told he could not change the ordinance, he would be a much happier seller if the City worked with him. Murzyn stated this is something he would need to address with the Planning & Zoning Commission, as they regulate the Zoning Ordinance. Foss stated he was told by Streetar that one way or the other he isn't going to be able to run his business there, that it has been slotted for redeveloped, a interested tenant called the City and was told the property may not be usable in 12 to 24 months. Streetar stated we have not had any phone calls that we have stated this to other than Bill Price of the Salvation Army who asked about the site and was told that his use is non-conforming to our zoning ordinance, he was told he would have our City Planner research it, send him a letter and copy to Mr. Foss by Friday. Foss stated he was not aware of that conversation, but has received the letter. P.33 Economic Development Authority Meeting Minutes November 22, 2005 Page 5 of6 Brett Mady stated they have been in business since 1964, the bowling business has gone down, with the extended time frame for the redevelopment, word has gotten out that they are closing, he takes 20 to 25 calls a week asking if they are still open, a lot of this comes from a former mayor that put an article in the Pioneer Press approximately 2 years ago stating the City was taking over the property for redevelopment, he would like to see this happen one way or another, but sooner than later. Kelzenberg asked Foss ifhe was in agreement to sell sooner than later. Foss stated he has some issues at this time, would entertain an offer if the price was right, but if we can't come to an agreement, he would want it to come to an end. Nawrocki stated he would not support the same kind of process used to buy Burger King. Fehst stated the EDA would be responsible to provide the owners with a reasonable, fair amount for the property by law. Peterson stated they could come up with a purchase price, but we still have to do an appraisal. Nawrocki stated Fehst talked about what our obligations are, our obligation is to the good citizens of Columbia Heights as to how we use public dollars, felt we did not use good business practice when we bought Burger King and certainly did not want to see us going through that kind of practice again. Murzyn asked Nawrocki ifhe is saying that our attorney's representation was wrong in how they directed us to do that. Nawrocki stated that wasn't what he said. Murzyn stated he did say that we purchased it based upon their value and what the attorney said we should pay for that property and how we did it. Nawrocki stated we paid too much for that property, in his mind. Peterson stated we owe it to the Mady's, Mr. Foss and our citizens as a whole to do the right thingfor the City. Foss asked if the City is truly interested in the property. Fehst stated it was in the top 5 priorities the City Council set in 2002. Foss stated his understanding of the process to do the appraisals is that the City has an appraisal done and they have one done, which would be paid for by the City, is this true. Streetar stated if the City started condemnation procedures on your property, that rule would apply, but since we aren't, but are trying to do this on a friendly basis, that would not apply. Motion by Peterson, second by Ericson Diehm, to direct staff to obtain the necessary appraisals as well as determine relocation benefits for the property located at 3919 Central Avenue, the Mady's property, for the purpose of making an offer to purchase. Upon vote- Nawrocki -nay, Jindra-aye, Ericson Diehm-aye, Kelzenberg- aye, Murzyn, Jr.- aye, Williams- aye, Peterson- aye. Motion Carried. ADMINISTRATIVE REPORTS Industrial Park Schumacher stated we have 25 permits pulled at this time for the Industrial Park, the development of two complexes is well underway, in Phase II demolition of the foundry everything is coming up clean, with no contamination. P.34 Economic Development Authority Meeting Minutes November 22, 2005 Page 6 of6 Murzyn asked if the Miske's still own the envelope business over there. Fehst stated he sold the property last year. Other Business Williams asked with La Caberna's Liquor licensing being renewed, is there any movement from Anderson's on that. Streetar stated Anderson has had appraisals on all of the properties except for Taco Bell, because they already have that, the car wash wants approximately a half a million dollars, which is about $120,000 higher than what the appraisal came in, we told Anderson to come back to the board with all of the appraisals, purchase costs, plans, numbers, evidence of properties they have under control, etc in December or January. The owner of the exotic pet store is renting out the building to Snap On Tools on a month-to-month basis until the property is sold. Sheffield Williams stated he heard there are 8 properties for sale in the Sheffield development area. Streetar stated yes there is 8 properties up for sale, we would have to sell 2 to 3 million in TIF bonds with up to three years to set up a district, during that time the funds will capitalize and that the City needs to move quickly on this. Murzyn asked if City Council is intending to redevelop that area. Williams stated yes, they are and that there was an article in the northeaster paper last week that brings back some old issues and problems with the property that the board members should read ADJOURNMENT Motion by Williams, second by Kelzenberg, to adjourn the meeting at 8:16 p.m. All ayes. Motion Carried. Respectfully submitted, Cheryl Bakken Community Development Secretary H:\EDAminutes2005\11-22-2005 P.35 5- A <1-c.. COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 3, 2006 The meeting was called to order by Chair, Barbara Miller at 7:05 p.rn. Those members present were Patricia Sowada, Lynette Thomson, Nancy Hoium, Barbara Miller, Bruce Kelzenberg, Catherine Vesley, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the December 6,2005, Board meeting as mailed. Bill list dated 12/22/05 was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 12/29/05 was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 12/30/05 was reviewed. It was moved, seconded and passed that they be paid. The 2005 accounting was reviewed. Bill list dated 1/9/06, of 2006 bills was reviewed. It was moved, seconded and passed that they also be paid. The accounting for 2006 was not available at the time of the meeting. Old Business: 1. Discussion about a yard sculpture at the library was introduced. 2007 is the ISO-year anniversary of the County and there was discussion that perhaps something could be done in conjunction with that celebration. The Board decided to do further research on possibilities and tabled discussion until the February meeting. 2. WiFi update was presented. The wires have all been installed and cabling completed for both WiFi and PC management. The City IS Director will complete the cut-over on January 6. 3. PC Mfulagement changeover at Columbia Heights has been moved up. We are in position to be the next building to go live. Staff training will begin next week and the potential date for implementation is January 18 or 19. 4. Budget update provided. $20, 110.00 was put back into the Library budget. A list of the individual line item amounts was provided. The news article from the Sun/F ocus concerning the approval of the 2006 City budget was reviewed. 5. A report on the Foundation Fundraiser was given. The event was a rousing success. The theatre was sold out! The silent auction items brought in $1,167.00. The final total raised is not currently available. The Board members would like to commend the Foundation Board on their efforts and all their hard work to make this project a success. New Business: 1. The information from Minnesota Library Association concerning the 2006 Legislative platform concerning libraries was reviewed. 2. The report submitted by Library Supervisors Dana Weigman and Nancy Soldatow, on their tour of the MN. WorkForce Center was reviewed. 1 P.36 3. The 12/8/05, article from the St. Paul Pioneer Press concerning the future oflibraries in Ramsey County was reviewed. 4. A report from the Trustees of the North Adams Public Library from the year 1920 was reviewed. 5. The following fund transfers were requested: a. It was moved, seconded and passed to transfer $189.00 from 5170 (Office Equipment) to 2011 (Computer Equipment). b. It was moved, seconded and passed to transfer $3,525.00 from 5170 (Office Equipment) to 2011 (Computer Equipment). c. It was moved, seconded and passed to transfer $471.00 from 5170 (Office Equipment) to 2011 (Computer Equipment). d. It was moved, seconded and passed to transfer $511.00 from 5170 (Office Equipment) to 3050 (Expert & Professional Service). 6. Policy on patron look-ups for circulation and mtemet use was discussed. The history of the Columbia Heights policy was reviewed. PC Management has created a new scenario. The Columbia Heights Library will be verifying addresses of patrons with picture ill that does not have a current address on by mailing out library cards and allowing a 2 item check out. After discussion the Board thought that all of the above issues were valid and that we would follow the policy currently used by Anoka County Library for look ups and card issuing. We will be tracking the postage costs of this new procedure. 7. Mayor Gary Peterson joined the meeting at 8:00 p.rn. He wished to inform the Board about his project for a street clock to be installed on 40th and Central. The "Clock Tower of Peace" information and pictures were shared with the Board. The Mayor will hold a press conference on January 12 about the project and the unveiling will be in conjunction with the Jamboree celebration. 8. Several conflicts of future Library Board meetings were discussed. The following alternate meeting dates were approved. a. July meeting will be held Tuesday, July 11, 2006. b. August meeting will be held Wednesday, August 2,2006. c. November meeting will be held Wednesday, November 1, 2006. 9. The obituary that appeared in the Star/Tribune on December 28 for Beverly Flaherty was shared with the Board. The Board voted to send a memorial in her name to Anoka County along with a sympathy card for the family. There being no further business the meeting was adjourned at 8:40 p.m. Respectfully submitted, OJUt/~ m. ~~~f' J~e M. Schmidt Secretary to the Library Board of Trustees. The 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. 2 P.37 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, JANUARY 19,2006 ",\ () -\- (; p p fV V -e. d Lj e i:: . 5-A ~2-d The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Dan Swee, Dave Mahoney, Reuben Ruen, and Brad Peterson. Excused Members: Ken Henke and Bob Buboltz Council Representative: Bruce Nawrocki City Representatives: Jean Kuehn Legal Counsel: Steve Guzzetta Comcast Representative: Kathi Donnelly-Cohen APPROVAL OF lVIINUTES Motion by Dave Mahoney, second by Dan Swee, to approve the minutes from the meeting of August 18, 2005. All ayes. OLD BUSINESS A. Channel Check Everything checked out fme. There were obvious sound variations from channel to channel, even though we are told it is within an acceptable range. B. Correspondence Log and Follow Up on Complaints Ms. Dolores Strand of 1145 Polk Place had a problem with an error on her billing. It took a couple of months to get this resolved. She claimed Comcast did not get back to her as promised. However, Kathi stated they have documentation that they did have conversations with her. She did not want to go into detail as customers are entitled to privacy and Dolores is a well known resident to people on the commission. Copies of the correspondence regarding this issue were enclosed in the agenda packets. Ms. Strand changed her level of service, received the credits promised her and she is now satisfied. B. Other Old Business There was a discussion again about the need to switch between the cable antenna and UHF to get channels 23, 29, and 41 when hooked up to Universal Service. Kathi stated Scott Melter said this wasn't a problem, but she will have Scott contact Dan Swee directly so they can discuss this. NEW BUSINESS C. Franchise Fee for 3rd Quarter 2005 We received the 3 rd Quarter franchise ff. ~ 8yment and a copy was enclosed in the agenda packets. TELECOMMUNICATION COMMISSION MINUTES JANUARY 19, 2006 PAGE 2 D. Changes to Channel Line Up Some changes were made to the Channel Line Up to add a number of channels effective September 30, 2005. As more programming becomes available in high defInition or Video on Demand, changes and additions will continue to occur. Chair Stroik commented that there are still 5 unused channels in the Standard Basic Line up. He questioned whether this is allowed under the current Franchise Agreement. Nawrocki commented about the wording in the notices the City has received saying that "enhancements for the benefIts of customers" is misleading. He said it doesn't benefIt as many as they think as these "enhancements" are primarily for those who subscribe to HDTV /Digital services that cost a great deal more, and therefore, most people don't have. C. Agreement Reached for HD Programming with Hubbard Broadcasting KSTP will now be carried on Channel 231 for subscribers with HDTV service. This is the local ABC affiliate and carries a number of popular programs in HD including "Lost" and "Monday Night Football". E. Notice of Billing System A notice was received that Comcast will be changing their billing format to prepare for the eventual goal of combining all subscribed services onto one bill. A copy was enclosed for informational purposes. F. Notice of2006 Rate Adjustments Notice was received in November 2005 of the price adjustments that became effective in January 2006. Basic rates went down slightly, however Basic 2 and the Standard Package that includes both Basic 1 and 2, went up. Guzzetta explained that we are only able to regulate the Basic 1 charges. We have no ability to regulate the Basic 2 charges or the Standard Package charges. Council member Nawrocki stated that the 10.3% increase in 2005 and the 8.1 % increase in 2006 for the Standard Package are excessive and feels the Cable Company is charging whatever they want as there is not enough competition to keep prices reasonable. He commented about Cable Companies being able to offer phone service, but found it unfair that phone companies cannot offer cable services. He feels this keeps the competition down and is not in the consumer's best interest. Nawrocki questioned how many people in Columbia Heights subscribe to just Basic 1 compared to those that have the Standard Package. Kathi answered his questions, but since this is trade secret information, the numbers are not included in the record. G. Notice of the Public Hearing to be Held in February regarding Cable Rates The City Council established a Public Hearing date of February 13, 2006 for input on the charges for basic programming, equipment rates, and installation charges calculated in its March 2005 rate fIling that took effect June 1, 2005. It was explained that another rate increase was received as noted above effective January 1, 2006. Guzzetta explained that the City decided not to do a detailed review of the forms flled in March 2005, however the City has 12 months in which to act on the Filings. Guzzetta reviewed the options onen to the City. Staffhas recommended adopting the rate order for Forms 1205 and 1240, neif. 3 91pproVing or denying them, but reserves the right to act on them at a later date if necessary. TELECOMMUNICATION COMMISSION MINUTES JANUARY 19, 2006 PAGE 3 Motion by Brad Peterson, Seconded by Dan Swee to recommend the City Council adopt the Rate Orders 1205 and 1240 as filed in March 2005 reserving our right to act on them at a later date if necessary. All ayes. MOTION PASSED. H. Review of Resolutions for Basic Programming Rates and Equipment and Installation Rates Copies of the Draft Resolutions were enclosed in the packets that the City Council will consider at the Public Hearing on February 13, 2006 regarding these two issues. One Resolution is approving the Basic Programming Rates charged as filed in FCC Form 1240, and the other is approving the Rates for Equipment and Installation as filed in FCC Form 1205. These were included for informational purposes only. 1. Other New Business Stroik asked whether the new "Buy Through Provision" is available, whereby you can subscribe to premium channels by adding them to Basic 1 service without subscribing to a larger package. Kathi stated that it is available and that you would need the Basic 1 service which costs approximately $lO/month, $4.00/month for the converter box, and $ 16.99/month for each premium service you choose. REPORTS A. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Jean Kuehn shared a letter Mary and Steve received at the Cable Studio from Joanne Student that thanked them for their hard work in providing programming on our local access channels that are infonnative and professionally done. The Commission members also thanked Jean for her contributions and the programs she is involved in taping. Reuben stated that he still feels the Commission is being under-utilized by City Staff. Nawrocki said he has passed that concern on to others B. Report of Com cast- The reports for Aug-Dec. 2005 were reviewed. Copies of the monthly newsletters were also enclosed in the packets for review. Kathi answered questions regarding the stats provided in the reports. She also said that SprintfNextel are joining with Comcast to provide a new service which would allow you to program your DVR from your cell phone and eventually be able to view things on your cell phone. P.4 0 TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 19,2006 PAGE 4 C. Report of City Staff Nothing further to report. D. Report of the Cable Attorney Nothing further to report. Motion by Reuben Ruen, seconded by Brad Peterson, to adjourn the meeting at 8: 1 0 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary P.4l OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JANUARY 19, 2006 7:00 P.M. GAUVITTE ROOM MURZYN HALL E~A-2. -e CaU to Order The meeting was called to order by President Joseph Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Jim Johnson, Nancy King, Scott Kyseth, Carolyn Laine, Mike Patiuk (7:12 p.m.), Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Katy Korday Members absent and unexcused: Clare Schmidt Council Liaison for 2006, Tami-Ericson Diehm, was present. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Approval of Minutes of October 20, 2005 Motion by Commissioner Buboltz, seconded by Commissioner Hartel, to approve the minutes as submitted for the October 20, 2005, meeting. Motion passed unanimously. Election of Officers President Sturdevant asked commissioners for nominations for President. Motion by Commissioner Johnson to nominate Joe Sturdevant for President. Joe Sturdevant declined the nomination. Motion by Commissioner Laine to nominate Mike Hartel for President. President Sturdevant called for nominations for President three times. There being no further nominations, Mike Hartel was elected President via a white ballot. It was decided that Joseph Sturdevant would continue to run tonight's meeting. President Sturdevant asked commissioners for nominations for Vice President. Motion by Commissioner Sturdevant to nominate Bob Buboltz. President Sturdevant called for nominations for Vice President three times. There being no further nominations, Bob Buboltz was elected Vice President via a white bailot. President Sturdevant asked commissioners for nominations for Secretary. Motion by Commissioner V ogtman to nominate himself. President Sturdevant called for nominations for Secretary three times. There being no further nominations, Dan V ogtman was elected Secretary via a white ballot. Therefore, officers for 2006 are: President Mike Hartel Vice President Bob Buboltz Secretary Dan V ogtman Correspondence The Recording Secretary advised the following correspondence took place since the last meeting in October: . Revisions were made to the City Charter regarding Chapter 7, Section 72, Bonded Debt and Debt Limit, and copies were provided to the Mayor and Council, division heads, charter commission members, local schools, and the League of Minnesota Cities. Charter Commission J anmuP. 4 2 2006 Page 1 . The City Attorney's office forwarded a copy of proposed changes to the City Charter regarding the issue of wards/districts. A strike-out/underline version of these changes was prepared for commission members to be included in the packets for tonight's meeting. A cover memo was also prepared to introduce the proposed changes from the City Attorney regarding the issue of wards/districts. . Tonight's agenda was prepared and mailed. . Member e-mail/phone number update forms were prepared. . The 2005 Annual Report of the Charter Commission was prepared for review by the members. President Sturdevant asked if any members had any other correspondence since our last meeting. There was no further correspondence reported. Status of Membership The Charter CommiSSIOn has its full complement of fifteen members at this time. Slips were passed out to members to verify their current phone and e-mail addresses for the Recording Secretary. The City Attorney arrived at 7:10 p.m. Old Business Annual Board/Commission Dinner The annual board/commission recognition dinner was held on Wednesday, December 14, 2005, at Murzyn Hall. Some members of this commission were in attendance. This year's caterer was Classic Catering. It was suggested that perhaps a different caterer could be used next year, as the food was not as good as usual. New Charter Pages New city charter pages were provided to commission members regarding the ordinance changes made to the Bonded Debt section. Motion by Commissioner Sturdevant, seconded by Commissioner Buboltz to accept the updated pages. Discussion on Districts/Wards This topic is ongoing from the past several commission meetings. Commission members were provided, in advance, wording put together by the City Attorney's office regarding what needed to be changed in the charter to divide the city into four wards or districts and add two city councilmembers at large. There was discussion about using the word "ward", and should either the word "district" or "precinct" be used instead. It was decided to keep the word "ward" throughout the proposed language. Commissioner Laine addressed the proposed wording for Section 7a, WARDS, the fourth sentence concerning who will review the ward boundaries. She stated that it was the wish of the Charter Commission members present at the last meeting that the Charter Commission would be the body that would review the boundaries. Commissioners Buboltz, Hartel, and V ogtman stated the Charter Commission was to have control of the boundaries. Commissioner Laine also questioned the City Attorney about Section 7a, WARDS, in which it states that "the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable." She felt that the boundaries had to be changed anytime if the populations between wards varied between a certain percentage. There was further discussion on this item. Charter Commission JanumP.4 32006 Page 2 Commissioner V ogtman asked if a councilmember moved out of their ward (but still lived in the city) during their term of office, would they be allowed to finish out their term and then file in the new district or ward they live in or what? The City Attomey stated that the way the proposed reading stands, if a councilmember moved from their elected district or ward, it would end their tenn. However, that person would not be disqualified if the boundaries changed during their term. The section of the chmier that addresses tIns is the first paragraph ofthe proposed Section 9. V ACANCIES IN THE COUNCIL which is proposed as follows: A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, or of the ward from which elected (except as provided in Section 7a), continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as 8lllended. After this discussion, motion by Commissioner V ogtman, seconded by Commissioner Johnson, to remove the proposed wording "or of the ward from which elected (except as provided in Section 7a)" from Section 9, VACANCIES IN THE COUNCIL. There was further discussion on what should happen if a councilmember moved out of their ward (but still lived in the city). It appeared commissioners felt that if a councilmember moved out of their ward (but still lived in the city), they should be allowed to finish out their term and then file in the new district or ward they live in ifthey wanted to. Commissioner Druckrey aslced if this should be clarified in Section 7. The City Attorney stated he definitely felt it should be in Section 9. The City Attorney stated he could put different language in Section 9 to address the situation if a councilmember moves from his or her particular ward, but is still a resident of the city, they would be able to serve out their term they were originally elected for. If they wish to continue to serve beyond mat, the person would have to run in their new district Commissioner V ogtman agreed to amend his original motion, and Commissioner Johnson agreed to second this 8lllendment to the original motion to redraft wording as part of Section 9 to reflect that a councilmember moving from his or her particular ward (and still living in the city) would still be allowed to serve out their elected original term. Amended motion passed unanimously. Motion by Commissioner Laine to change the wording regarding the review of the ward or district boundaries to be made by the Charter Commission (not the City Council) and that it needs to be reapportioned by Charter 8lllendment. Councilmember Ericson-Diehm stated that if the City Council votes on this amendment and it does not pass unanimously, the Charter Commission will then have to put the item on the ballot, possibly at a special election. Charter Commission J anmuP. 4 4 2006 Page 3 Commissioner V ogtman stated that the Charter Commission might have to meet more often. Commissioner Laine had another suggestion that perhaps an independent commission could be set up by the Charter Commission to review boundaries. The City Attorney stated he felt the city council would take care of the boundary issues and redistricting as needed, even though it could be challenging. He stated that the proposed wording put together by his office incorporates the wording of many other city charters. Commissioner V ogtman stated he didn't feel the Charter Commission should remove a layer of control from the City Council. Commissioner Kyseth stated he was in favor of a small group overlooking the boundaries instead of the having this done by the entire commission. Commissioner Buboltz wanted to know how many times would we have to redistrict? Discussion then centered on whether there should be just a simple majority ofthe council to decide on the boundaries, or a super majority. Commissioner Hartel stated that after hearing all the discussion tonight, maybe the Charter Commission should not review the boundaries and redistricting issue, but leave it up to the City Council. Many members felt a transition schedule needs to be addressed. The City Attorney stated he felt this was premature, as the proposed charter changes need to be read again at another Charter Commission meeting and then passed on to the City Council, where they have sixty days to act on it. Councilmember Ericson-Diehm stated that philosophically, she does not agree with the proposed charter changes to divide the city into four wards or districts. The city is only 3.5 square miles in size. She stated that if there are wards or districts, those elected may consider representing their "special area" only and may not consider themselves as representing the entire city. She feels that choice of candidates in a specific ward or district of the city could be very limited. However, she also stated it would be easier to campaign if there were wards. Commissioner Vogtman stated that he used to think like Councilmember Ericson-Diehm, but after discussing this issue for some time now, he has changed his mind. After consideration, he is in favor of adding more people to the city council and adding members at large. He stated that maybe we should consider having only two wards or districts, and let the rest of the councilmembers run at large. Commissioner Laine stated that if you have enough money to run for office, you can use the Post Office. If not, you need to walk around the entire city. Some members felt that the prevalence of campaign street signs is a big factor as well. Voting statistics were discussed. There are approximately 10,000 registered voters, and 7,000 actually vote. Some members felt that some people don't vote if they don't know who is running. Voting turnout could be even larger if people were running in specific wards or districts of the city, because those people would be "known" in their area. Discussion was held on whether or not to invite the councilmembers to another meeting with the Charter Commission. Some members did not feel it would be fruitful, as this was attempted before, and Councilmember Nawrocki was the only councilmember who appeared previously to discuss this issue with commission members as a whole. Charter r.nmmission J anuaP. 4 5, 2006 Page 4 Commissioner King stated she is not in favor of wards or districts; she does not think it is fair to have just one or two choices. She likes to select her councilmembers on the basis of business experience and background. She also stated that it is not that costly to place campaign ads in the local papers, and some people on tIns commission support this ward issue because they have run in the past and lost. President Sturdevant stated that in 1980, there were some people running for office unopposed. He could recall in 1993 or so, that 16 or 17 people ran for council seats in the primary. All city council members at the present time live on the east side of Central Avenue. The concern of not every having every area of the city represented is still a common comment. He also reminded members that the number of places to go vote would go down from eight to four. Commissioner Hmiel asked the City Attorney about the wording that was crossed out in Section 8, INCOMPATIBLE OFFICES, that was provided to commission members. The City Attorney stated that he will check the current charter language, but it appeared that the wording underlined in that section should be omitted from the changes being considered tonight. Commissioner Laine's motion died for a lack of a second. Motion by Commissioner Buboltz, seconded by Commissioner Laine, to forward to the City Council the proposed charter language as amended tonight. The language that was being voted on is as follows: PROPOSED CHANGES TO CHAPTER 2 FORM OF GOVERNMENT (Note: Underlined material indicates new language; crossed out material indicates current Imlguage to be deleted.) Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a the Mayor, elected at-large, two councilmembers elected at-large, and four council members, each of whom wlw shall be qualified electors, and '.vho shall be elected from a separate ward as established or amended pursuant to this charter. at large in the manner hereinafter proyided. The Mayor and councilmembers shall be qualified electors. Each councihnember elected from a ward shall be a resident of the ward, but a change in ward boundaries does not disqualify a councilmember from serving the remainder of a term. Except as hereinafter provided, councilmembers The four council members shall serve for a term of four years and until theff f! successors is are elected and qualifie~d. The Mayor shall serve for a term of two years and until a successor is elected and qualifie~d. The council shall be judge of the elections ef for the Mayor and councilmembers shall be held as provided herein. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10, 1995) Section 7a. WARDS. The City shall be divided into four separate wards. The boundm"ies of such wards shall be determined by ordinance based upon population as determined by the most recent federal census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made by the Council and the wards Charter Commission JanuaP.4 62006 Page 5 reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. The wards of the City are those described herein on the effective date of this Charter amendment. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration ofthat member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. (Ordinance No. 1086, passed June 11, 1984) Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. (New language will be inserted here that if a councilmember moves out of their ward (but still lives in the city), they may serve out their original elected term.) In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption ofthe resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall malce its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The . individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31st in the year of a regular municipal election, then the appointment process as set forth herein shall not talce effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. (Ordinance No. 1331, passed September 23,1996) (Ordinance No. 1086, passed June 11, 1984) It was pointed out that the proposed charter language being reviewed tonight could not just be forwarded to the City Council, as it needs two readings at the Charter Commission level. Motion was amended and seconded that this be considered the first reading at the Charter Commission level on the proposed charter language as amended tonight. Roll call vote was as follows. Ayes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Kyseth, Laine, Patiulc, Ritzko, Sturdevant, Sturdevant, Vogtman. Nays: King. Abstain: None. Absent: Korday, Schmidt. Motion passed. Charter Commission JanuaP.4 7, 2006 Page 6 New Business 2005 Annual Report Motion by Commissioner V ogtman, seconded by Commissioner Hartel to approve the 2005 Charter Commission Annual Report as presented. The Recording Secretary will forward a copy to the Chief Judge and City Clerk. Next Meeting Date The next regular Charter Commission meeting date is April 20, 2006, at 7 p.m. at Murzyn Hall. President-Elect Hartel stated there could be a special meeting called of this commission before then. Adjournment Motion by Commissioner Vogtman, seconded by President-Elect Hartel to adjourn the meeting at 8:20 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission J anumP. 4 8 2006 Page 7 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 13,2006 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 Administration APPROVAL ITEM: Establish Work Session BY: Walter R. F ehst BY: Meeting Date for February 27, 2006 DATE: February 8, 2006 NO: DATE: It is suggested to schedule a City Council Work Session for Monday, February 27, 2006 beginning at 6:00 p.m. in Conference Room 1, just prior to the regular City Council meeting. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Monday, February 27, 2006 beginning at 6:00 p.m. in Conference Room 1. COUNCIL ACTION: P.49 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 13,2006 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5- A - 4 Administration APPROVAL ITEM: Establish Date for BY: Walt Fehst BY: Annual Board of Review DATE: February 8, 2006 DATE: NO: Anoka County has requested that we select the date for the required annual Board of Review. The date tentatively agreed upon is Monday, May 1,2006 at 7:00 p.m. in the City Council chambers. Staff recommends the Council adopt the following motion: Recommended Motion: Move to establish the date for the Local Board of Review meeting for Monday, May 1,2006, at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: P.SO CITY COUNCIL LETTER Meeting of: 2/13/065 ITEM: JOINT POWERS AGREEMENT WITH ANOKA COUNTY 'CITIES' FOR STREET MAINTENANCE BY: K. Hanse DATE: 2/8/0 CITY MANAGER BY:~ DATE: AGENDA SECTION: CONSENT 5-A..5 ORIGINATING DEPARTMENT: PUBLIC WORKS Background: In 2003, the Cities of Andover, Blaine, Brooklyn Center, Columbia Heights, Coon Rapids, Fridley, and Spring Lake Park (herein collectively called the 'CITIES') began meeting to discuss potential ideas for cost savings measures for common activities. One of the first recognized areas was in street maintenance, specifically for seal coating, the placement of street traffic markings, street sweeping, crack sealing, and screening services (from sweeping). The Cities entered a Joint Powers Agreement for the 2004 and 2005 construction seasons. The joint project was bid, awarded and constructed. Columbia Heights' work included seal coat and pavement marking. Analysis and Conclusions: Attached is a copy of the 2006 JP A from the City of Coon Rapids including six Anoka County Cities for the defined street maintenance activities. Ham Lake has been included in 2006. Staff believes that cost savings are recognized and recommends continuing the services provided in the agreement for crack sealing, seal coating and pavement traffic marking in 2006. These are projects Columbia Heights normally bids out on an annual or bi-annual basis. The JP A is set up with the City of Coon Rapids administering for the legal and administrative process of the public bidding process, including plans and specs. The JP A includes a nominal charge to each City for administering the public bidding on a percentage of construction basis. There is also an opting out clause within 60 days after a contract has been awarded. Each City is responsible for construction inspection as the work takes place in the respective communities. Recommended Motion: Move to approve the Joint Powers Agreement between the Cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids, Fridley and Ham Lake for the joint public bidding of certain street maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachment: Joint Powers Agreement I COUNCIL ACTION: P.51 FIRST AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING This First Amendment to Joint Powers Agreement ("Amendment") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, Fridley and Ham Lake (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. ~ 471.59 and dated February 1,2005, for the purpose of combining together for bidding purposes for street maintenance services (hereinafter "Joint Powers Agreement"); WHEREAS, the city of Ham Lake wishes to join in the Joint Powers Agreement and the original parties to the Joint Powers Agreement wish to have Ham Lake join as well; WHEREAS, the parties wish to allow the efficient addition of other cities in the future without the need for action from each member City's governing body; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Deimitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Ham Lake. As of the date hereof, Ham Lake shall become a party to the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties . thereunder. 3. Future Member Cities. Section 11 of the Joint Powers Agreement is hereby amended to allow for the addition of other member cities to the Joint Powers Agreement. In the event that Coon Rapids receives a request from another city to join the Joint Powers Agreement, P.52 and Coon Rapids, in its sole discretion, determines that it is in the best interest of the then-current member cities to allow the new member city, Coon Rapids may amend the Joint Powers Agreement to add that new member city. The amended Joint Powers Agreement need only be executed by Coon Rapids and the new member city. No other terms of the Joint Powers Agreement may be altered or amended except by agreement in writing signed by all the parties thereto. Within twenty (20) days of adding a new member city, Coon Rapids shall provide written notice of that addition to the remaining cities in the Joint Powers Agreement. 4. Full Force and Effect. Except as expressly amended by the provisions hereof, the terms and provisions contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the parties, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the day of 2006. [Signatures on following page] - P.53 CITY OF COON RAPIDS By: By: Tim Howe, Mayor Gerald G. Splinter, City Manager CITY OF BROOKLYN CENTER By: By: Mayor City Manager CITY OF FRIDLEY By: By: Mayor City Manager - P.54 CITY OF ANDOVER By: By: Mayor City Clerk CITY OF COLUMBIA HEIGHTS By: By: Mayor City Manager CITY OF HAM LAKE By: By: Its: Mayor CITY COUNCIL LETTER Meeting of: 2/13/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEP .t\-RTMENT: CITY MANAGER NO: 1) -A-/,o PUBLIC WORKS ITEM: ACCEPT FEASIBILITY REPORT FOR THE BY: K.HanSen~ BY~ ADDITION OF ATHLETIC FIELD LIGHTING AT DATE: 2/7/06 DA E: "4 PRESTEMON PARK AND ESTABLISH PUBLIC HEARING FOR MARCH 22, 2006 Background: Staff has discussed the seasonal usage of athletic fields with the Park and Recreation Commission over the last couple of years. Currently, only two fields in the entire city have sufficient lighting that allows play at and following sunset. This limits programming for youth softball, adult softball and youth baseball. At the November 28th, 2005 regular meeting the City Council authorized the preparation of a feasibility report for athletic field lighting at Prestemon Park. Analysis/Co nelusions: With advent of redevelopment of the City's Industrial Area into residential, additional demand will be placed on the City park systems. The redevelopment of Huset Park has also been proposed with a master plan presented (but not adopted) to the City Council. In the event Huset Park is redeveloped, it would take out the City's only two lighted athletic fields for at least a year during reconstruction. Staffhas evaluated other city ball fields and recommends that Prestemon Park be evaluated as a candidate for lighting due to its current size, newer backstop and player's benches and good overall field condition. It is currently used for adult softball, youth softball and youth baseball, but use is limited to daylight hour which further restricts play in the spring and fall. Based upon this, the Park and Recreation Commission made a unanimous motion to recommend to the City Council the addition of athletic lighting at Prestemon Park at their September 2005 regular meeting. Attached is a feasibility report that evaluates the viability, impacts, schedule and funding sources to install athletic field lighting at Prestemon Park. The total cost estimate is $85,000 with $72,000 estimated for the lighting system and $13,000 to bring required power to the site and electrical undergrounding. The design will consist of six (6) 60-foot monopoles with a total of22 1,500-watt luminaires (see attached Light Structure Green system sheet). An illumination summary is attached to the feasibility report that shows the design intensity on the athletic field and 100 feet from the monopoles. The luminaire design reduces light spillage by over 95% - which provides an intensity average of 0.126 foot-candles near adjacent property lines (equivalent to a full moon on a clear night in the City). Field lighting provides an average of 35.5 and 22.6 foot-candles at the infield and outfield, respectively. This is consistent with industry recommendations for softball use. Impacts of adding athletic field lighting to an existing field are identified as follows: Parking: Off-street is available at a parking lot at the SE comer of the park; with a paved walking trail connection to the field. Past programming has indicated that players and observers also utilize on-street parking. Hours of Use: The existing time of use of the field are limited to daylight hours to dusk (varies). Field lighting would extend the COUNCIL ACTION: P.SS CITY COUNCIL LETTER Meeting of: 2/13/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT FEASIBILITY REPORT FOR THE BY: K. Hansen BY: ADDITION OF ATHLETIC FIELD LIGHTING AT DATE: 2/7/06 DATE: PRESTEMON PARK AND ESTABLISH PUBLIC HEARING FOR MARCH 22, 2006 ATHLETIC FIELD LIGHTING AT PRESTEMON PARK Page 2 hours of use into the evening, with ending times typically at 9:00 or 10:00 pm, and could be controlled through recreation programming. Programming and Noise Impacts: The field is currently used for girl's softball, youth baseball and adult softball. The impacts to the neighborhood would be attributable to the extended hours and resulting athletic programming would have in terms of parking and noise resulting from play. Project funding would be provided through the 100% Contributed Projects - Recreation Fund 881. Adequate funds for the estimated costs are available. Recommended Motion: Move to accept the Feasibility Report for the addition of athletic field lighting at Prestemon Park and establish a Public Hearing for March 22nd at 6:30 p.m. at the regular Park & Recreation Commission Meeting. KH:jb COUNCIL ACTION: P.56 City of Columbia Heights FEASIBILITY REPORT FOR 2006 IMPROVEMENTS: PRESTEMON PARK Athletic Field Lighting CITY PROJECT 0607 February, 2006 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 ~, 703-706-3701 (Fax) P.57 COLUMBIA HEIGHTS, MINNESOTA PRESTEMON PARK Athletic Field Lighting PROJECT NUMBER 0607 LOCATION: PRESTEMON PARK. IMPROVEMENTS: Athletic Field Lighting- Extend electric service and Installation of overhead lighting for the softball field at Prestemon Park. INITIATION: City. OWNERS ABUTTING: 39 - ~ Avenue (McKinley to Cleveland Streets): McKinley Street (39th to 40th Avenues): Cleveland Street (39th to 40th Avenues): (8) (4) (13) ISSUES: The following is a study of the key project issues. Athletic Field Lighting: Prestemon Park exists as a neighborhood park and is bounded by Cleveland Street on the west, McKinley Street on the east, 39th Avenue on the south and 39-1/2 Avenue on the north. The park was reconstructed in 1999 and 2000 under a flood mitigation project to alleviate localized flooding. The project introduced a small pond in the center of the park, re-graded portions of the park and replaced the existing playground equipment. Significant hydric and upland plantings were also added in the park setting. An elevated, paved pedestrian trail was also added in . 2001 along 39-1/2 Avenue and along McKinley Street, adjacent to the ballfield to further aid in short term surface water retention. Subsequent to that work, the backstop and players bench area of the single softball athletic field was replaced.u . The overall condition of the athletic field is rated as very good to excellent and much of the park features have been replaced or reconstructed since 2000. Currently, only two athletic fields in the entire city have lighting that allows play at and following sunset. This limits programming for youth softball, youth baseball and adult softball. Other city athletic fields have been evaluated and this report examines the viability of Prestemon Park as a good candidate for lighting due to: . . Current size of 290 feet from home to the outfield fence . New backstop fencing and player's benches and fencing . Very good overall field condition. It is currently used for youth softball, youth baseball and adult softball. The fi.eld is not currently lighted limiting use to daylight and further restricting it in the P.S8 1 FEASIBILITY: SCHEDULE: FINANCING: spring and fall. Lighting type and design The design will consist of six (6) 60- foot monopoles with a total of 22 luminaires rated at 1500 watts each. The galvanized steel monopoles are set on a concrete base and would have 2, 4 or 5 luminaires on each pole. The design location of each luminaire is shown on the attached diagram, providing adequate lighting for its programmed use. The luminaire type is highly energy efficient and reduces 'spill light' by over 95%, making this type of lighting environmentally friendly for residential areas. A design summary is attached which shows the light spill luminosity at 100 feet away, measured in foot candles at a vertical height of 3 feet. The controls for the lighting are both controlled at the sight and remotely, via computer access or telephone. Other Issues Parking: Off-street is available at a parking lot at the SE comer ofthe park; with a paved walking trail connection to the field. Past programming has indicated that on-street parking is also utilized. Hours of Use: The existing time of use of the field is limited to daylight hours to dusk (varies). Field lighting would extend the hours of use into the evening, with ending times typically at 9:00 or 10:00 pm, and could be controlled through recreation pro gramming. Programming and Noise Impacts: The field is currently used for girl's softball, youth baseball and adult softball. The impacts to the neighborhood would result ' from the extended hours that athletic programming would have in terms of parking and noise resulting from play. . i. ' ~ The proposed improvement project is necessary to provide athletic field lighting while minimizing environmental effects of light spill. It is cost-effective, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the athletic field and city programs served. The athletic field lighting would be constructed in the 2006 program year. Project construction is scheduled to begin in late spring of 2006, with substantial completion occurring in the early summer of2006. Council receives draft Feasibility Report and discusses issues Public Hearing to hear comments/input Council orders Public Improvement Project Bid Opening Begin Construction Construction Completed February 13 March 22 April 10 April 24 May 15 June 30 Financing would be provided by the 100% Contributed Projects - Recreation . Fund 881. P.59 ~ ASSESSMENT: 2006 Athletic Field Li!.!htine; The estimated construction costs for the Prestemon Park Athletic Field Lighting project are as follows: Field Lighting including concrete footing, poles, luminaires, controls and installation: Electrical Service and underground wiring: $72,000. $13.000. Estimated Project Total: $85,000 There are no assessments proposed with the project. P.60 .:l ~ 0\ I-' I hereby cerUly lhat thIs plan was prepared by me OS" under my direct supervision end \.hal I om a duly UC8lt&ed Professional Englnllel' under the lows of lhe Stote of Mbtneaota . HEIGHTS SCALE [ I ~ ~ HORIZONTAL: ,- a' 60' VERTICAL: NONE Dale LictmSB No. DESIGNED BY : DRA'm BY : RICH NDRDSmOU DATE: FtBRUARY 2005 CONS1Ilueml , ASaUtL T : (9 CITY of COLUMBIA il ' PRESTEMON PARK ATHLETIC FIELD UGHTlNG EXISTING CONDITIONS PREST-PLNMTRC.DWC SHEET 1 OF 1 CITY COUNCIL LETTER Meeting of: February 13, 2006 AGENDA SECTION: 5-A-l ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~"', DATE: W " BY:tv:f;. , NO: DATE: February 9,2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the February 13,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 13, 2006 as presented. COUNCIL ACTION: P.62 TO CITY COUNCIL February 13, 2006 * Signed Waiver Form Accompanied Application 2006 BUSlNESS LICENSE AGEl"IDA CONTRACTORS LICENSES BLDG * Suburban Air *Premier Heating& AC *Dave's Heating *F,B,I, Plumbing *Plymouth Plumbing *Hillcrest Plmb & Htg * Affordable Heating *Berwald Roofing *North Pine Aggregate *Roger Jensen *Reliable Tree Service 1290 B Osborne Rd Fridley 6305 Cambridge St #A1, St.L. Pk 1601 3 7th Ave, Col. Hts. 10670 Lincoln St. Chis ago City 12270 43rd St NE, St. Michael 6347 Ware Rd, Lino Lakes 4030 Hayes St NE, Col. Hts. 2440 No. Charles St. No. St. Paul 14551 Lake Dr., Forest Lake 35818 AdolfRd, Askov 6600 Brookview Dr, Fridley P.63 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 5 -A -g CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT . COUNCIL:MEETINGOF: .~ 13,. 1mb STATE OF MINNESOTA COUNTYOFANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed jn the attached che~k register covering Check Number JJ t;~\ S intheamountof$~. . through . II&D'+3 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and ar. e hereby, recommended fot payment. . . .P.64 ACS FINANCIAL SYSTEM 02/09/2006 16:02:35 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVER PAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......02/13/2006 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date.................. Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number........... ..... thru thru thru thru 115815 thru 116043 thru thru thru thru thru thru thru thru proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . Voucher .................... ~_eased Date......... ...... ~!ared Date................ CJI Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 AMOUNT BANK CHECKING ACCOUNT AARP 115815 330.00 ACE ICE COMPANY 115816 245.92 ALCOHOL & GAMBLING ENFOR 115817 60.00 AMERICAN BOTTLING COMPAN 115818 231.40 ARCH WIRELESS/METROCALL 115819 132.48 BELLBOY BAR SUPPLY 115820 590.31 BELLBOY CORPORATION 115821 4,416.37 BRADLEY REAL ESTATES INC 115822 11,885.12 CHISAGO LAKES DISTRIBUTI 115823 1,507.38 CLARK PRODUCTS INC 115824 203.59 COLUMBIA HEIGHTS I 115825 5,541.33 COLUMBIA HEIGHTS TRANSIT 115826 22,737.00 CREST VIEW ONDC 1 115827 17,912.00 DUGDALE/MARY 115828 71.53 EAST SIDE BEVERAGE CO 115829 15,912.05 FARNER-BOCKEN 115830 2,664.15 FSH COMMUNICATIONS, LLC 115831 59.74 G & K SERVICES 115832 114.87 GORMAN/GARY 115833 72.35 GRIGGS-COOPER & CO 115834 17,645.28 HOHENSTEINS INC 115835 3,053.90 JOHNSON BROS. LIQUOR CO. 115836 18,499.32 ~ KUETHER DIST. CO. 115837 32,486.90 LARKIN/JOHN 115838 65.62 0\ MAETZOLD/CONNIE 115839 7.00 0\ MARK VII DIST. 115840 7,972.16 MEDICINE LAKE TOURS 115841 1,892.00 MEDTRONIC INC 115842 94,724.00 METROPOLITAN COUNCIL WAS 115843 66,210.13 MILLER ISABEL' 115844 40.00 MISKA/MICHELLE 115845 30.00 MISKE JR & MARY JO MISKE 115846 5,578.00 MN DEPT OF ADMINISTRATIO 115847 454.12 NORTHEAST BANK 115848 537,607.50 NSRMAA 115849 540.00 OFFICE DEPOT 115850 79.13 PETTY CASH - KAREN MOELL 115851 76.18 PETTY CASH - LIZ BRAY 115852 18.37 PHILLIPS WINE & SPIRITS 115853 161.30 PIONEER DRAMA SERVICES 115854 24.50 QUALITY WINE & SPIRITS 115855 10,071. 88 QWEST COMMUNICATIONS 115856 116.09 REAR/NADINE 115857 7.00 ROUBAL/LEANN 115858 7.00 SOUGDALI/MUSTAPHA 115859 250.00 TDS METROCOM 115860 1,038.12 VERIZON - ATTN: PREPAY D 115861 60.00 ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 AMOUNT BANK CHECKING ACCOUNT VERIZON WIRELESS 115862 38.25 VUE/JANNY 115863 7.00 WELLS FARGO BANK 115864 12,784.82 XCEL ENERGY (N S p) 115865 23,449.52 YOUNG/JAMI 115866 30.00 ACE ICE COMPANY 115867 132.32 AMERICAN BOTTLING COMPAN 115868 157.11 ANOKA COUNTY - ES 115869 600.00 ASSOC OF TRAINING OFFCRS 115870 400.00 BELLBOY BAR SUPPLY 115871 173.40 BELLBOY CORPORATION 115872 5,192.15 CHISAGO LAKES DISTRIBUTI 115873 1,389.73 EAST SIDE BEVERAGE CO 115874 8,898.10 ESCHELON 115875 151.11 EXTREME BEVERAGE 115876 320.00 FARNER-BOCKEN 115877 1,884.24 FEHST/WALTER 115878 279.52 FLAHERTYS HAPPY TYME COM 115879 538.00 G & K SERVICES 115880 22.15 GRIGGS-COOPER & CO 115881 21,107.86 HOHENSTEINS INC 115882 3,852.65 JOHNSON BROS. LIQUOR CO. 115883 54,879.82 ~ JOHNSON/JEFF 115884 450.00 KRIENKE/WALLY 115885 500.00 0\ KUETHER DIST. CO. 115886 9,018.10 ""l MARK VII DIST. 115887 2,437.78 MINNEROSION CONTROL ASSO 115888 215.00 NERO/PAUL 115889 500.00 NORTH MEMORIAL EMS EDUCA 115890 640.00 OLSON/TOM 115891 107.17 OLZESKE/LORRAINE 115892 495.00 PETTY CASH - JOANNE BAKE 115893 83.78 PETTY CASH - LIZ BRAY 115894 24.09 PHILLIPS WINE & SPIRITS 115895 2,564.05 QUALITY WINE & SPIRITS 115896 29,408.04 SPECIALTY WINES & BEVERA 115897 2,019.25 VERIZON WIRELESS 115898 80.07 WINDSCHITL/KEITH 115899 6.58 10,000 LAKES CHAPTER 115900 175.00 CITY OF COLUMBIA HEIGHTS 115901 263,057.08 CENTER POINT ENERGY 115902 19,385.41 CREATIVE FORMS & CONCEPT 115903 762.27 DEX MEDIA EAST LLC 115904 211.30 ENSTAD/JASON 115905 33.76 GENUINE PARTS/NAPA AUTO 115906 17.83 MN POLLUTION CONTROL AGE 115907 240.00 NEXTEL COMMUNICATIONS 115908 348.07 ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT NORTH HENNEPIN COMMUNITY ONVOY PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PIONEER DRAMA SERVICES VERIZON WIRELESS WILD MOUNTAIN XCEL ENERGY (N S P) ABLE HOSE & RUBBER INC ACE HARDWARE ADAMS/BENJAMIN AIRTEC INC AMERICAN MESSAGING AMERICAN WATER WORKS ASS AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY - GOV I T CEN ANOKA CTY - CENTRAL COMM ANOKA CTY FIRE PROTECTIO AS CAP ASPEN MILLS, INC. ASSOC OF METRO MUNICIPAL ATLAS AUTO BODY, INC BAKER & TAYLOR BIFF'S,INC. BLOWERS/CAROLE BONESTROO ROSENE ANDERLI BOUND TREE MEDICAL LLC BOYER TRUCK PARTS BRADLEY & GUZZETTA LLC BRODART BROWN TRAFFIC PRODUCTS I CADD/ENGINEERING SUPPLY CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CHOICE POINT SERVICES CINTAS FIRST AID-SAFETY CLARK PRODUCTS INC COLUMBIA HEIGHTS HIGH SC COLUMBIA PARK MEDICAL GR COMMERCIAL BUILDING SERV COORDINATED BUSINESS SYS COPYMED, INC CSC CREDIT SERVICES DAHLGREN SHARDLOW & UBAN DANKA OFFICE IMAGING DAVES SPORT SHOP ~ 0\ 00 115909 115910 115911 115912 115913 115914 115915 115916 115917 115918 115919 115920 115921 115922 115923 115924 115925 115926 115927 115928 115929 115930 115931 115932 115933 115934 115935 115936 115937 115938 115939 115940 115941 115942 115943 115944 115945 115946 115947 115948 115949 115950 115951 115952 115953 115954 115955 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT 577.00 59.99 166.13 15.54 115.50 135.13 663.00 63.97 67.71 32.08 109.96 111. 58 178.83 124.50 72.30 199.00 287.68 528.44 210.00 268.00 1,221.47 5,951.00 1,000.00 133.36 438.46 25.00 2,920.65 184.19 766.44 700.00 126.77 51.12 73.54 536.00 14.45 58.00 43.72 597.48 55.00 393.00 275.12 1,075.09 36.87 44.00 1,074.95 45.65 410.88 ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT DELEGARD TOOL CO. DEMCO, INC. EGAN OIL COMPANY EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC ENTERPRISE NETWORK SYSTE FACT BOOK-CORPORATE REPO FIDELITY SERVICES INC FLEX COMPENSATION, INC G & K SERVICES GALE GROUP/THE GENERAL BOOK COVERS GENUINE PARTS/NAPA AUTO GIS RANGERS LLC GRAPHICS MEDIA GRIFFIN PETROLEUM SERVIC HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP HOME DEPOT #2802 IDEAL ADVERTISING INC. INTEGRATED LOSS CONTROL INTL ASSOC OF CHEIFS OF IPC PRINTING J. B. HUDSON JEFF,BOBBY & STEVES AUTO JINDRA/PATRICIA JRH ENTERPRISES KENNEDY & GRAVEN LAMERE CONCRETE & MASONR LAW ENFORCEMENT OPPORTUN LEAGUE OF MN CITIES INS LIBRARY JOURNAL LOWRY CENTRAL BOWLERS LUBE-TECH MAC QUEEN EQUIPMENT CO. MARCO MARCO, INC MARTIN-MCALLISTER MCCLELLAN SALES MENARDS CASHWAY LUMBER-F METRO AREA MANAGEMENT AS METRO CHIEFS OFFICER FIR METRO WELDING SUPPLY MID AMERICA METER INC MIDWAY FORD MILOW ELECTRIC INC MINITEX - ATTN MARY GARC ~ 0\ \.0 115956 115957 115958 115959 115960 115961 115962 115963 115964 115965 115966 115967 115968 115969 115970 115971 115972 115973 115974 115975 115976 115977 115978 115979 115980 115981 115982 115983 115984 115985 115986 115987 115988 115989 115990 115991 115992 115993 115994 115995 115996 115997 115998 115999 116000 116001 116002 AMOUNT 135.55 479.82 6,096.00 962.50 60.95 4,885.16 179.00 4,884.61 168.00 521. 94 94.36 286.04 570.73 7,514.82 67.43 217.17 683.78 229.08 40.96 445.00 352.00 100.00 336.39 281.16 7.16 70.00 350.00 2,511.65 653.00 375.00 41,560.75 104.00 71.45 303.85 780.88 30.00 1,115.15 350.00 17.11 703.60 40.00 200.00 73.07 918.03 376.86 278.09 458.00 ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 BANK CHECKING ACCOUNT MINN EROSION CONTROL AS MINNEAPOLIS FINANCE DEPT MINNEAPOLIS SAW CO. MINNESOTA COACHES MINNESOTA SAFETY COUNCIL MN CHAPTER IAAI MN DEPT OF ADMINISTRATIO MN POLLUTION CONTROL AGE MN STATE FIRE CHIEFS ASS MPH INDUSTRIES INC MURZYN JR/DONALD J NATIONAL MCGRUFF HOUSE N NATIONAL SAFETY COUNCIL NATIONAL WATERWORKS, INC NORTH AMERICAN SALT CO NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER PRO GRAPHICS PROGRESSIVE CONSULTING E PROSOURCE TECHNOLOGIES I QUICKSILVER EXPRESS COUR RAPIT PRINTING - NEW BRI RETAIL DATA SYSTEMS OF M RICOH BUSINESS SYSTEMS ROYAL TIRE SCHELEN GRAY ELECTRIC SCHINDLER ELEVATOR CORP SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUBURBAN AIR INC SUN PUBLICATION TRANS-ALARM INC UNIQUE PAVING MATERIALS VEIT COMPANY VERIZON WIRELESS VFW WATER SHED PARTNERS WELLE AUTO SUPPLY INC ~ 'l o 116003 116004 116005 116006 116007 116008 116009 116010 116011 116012 116013 116014 116015 116016 116017 116018 116019 116020 116021 116022 116023 116024 116025 116026 116027 116028 116029 116030 116031 116032 116033 116034 116035 116036 116037 116038 116039 116040 116041 116042 AMOUNT 35.00 73,133.45 12.76 489.55 250.00 25.00 37.00 9,150.00 305.00 93.24 35.00 2.95 250.00 1,897.00 8,521.46 253.41 2,263.16 107.45 33.95 653.17 5,669.54 32.28 328.40 90.00 22,028.59 936.29 445.17 251.79 41. 52 42.61 218.59 55.20 249.70 126.57 1,991.28 288,649.66 164.62 89.50 1,500.00 262.06 1,876,371.04 *** ACS FINANCIAL SYSTEM 02/09/2006 16 BANK VENDOR REPORT TOTALS: ~ '1 ,.... CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 Check History 02/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 1,876,371.04 RECORDS PRINTED - 000959 ACS FINANCIAL SYSTEM 02/09/2006 16:02:38 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 378 385 387 388 389 410 411 412 415 420 481 601 602 604 609 q1 . 2 'l't N2 701 720 884 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT MEDTRONICS - DS MULTI-USE REDEVELOPMENT PLAN G.O. IMPROVEMENT BOND 1999A G 0 IMPROVE/REV BONDS 2003A R8:TRANSITION BLK REDEVELOP SHEFFIELD REDEVLPMNT:NON-TIF CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY STORM SEWER UTILITY LIQUOR WATER FUND DEBT SERVICE SEWER FUND DEBT SERVICE STORM SEWER DEBT SERVICE SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING INSURANCE ESCROW FLEX BENEFIT TRUST FUND 92,711.33 1,648.81 324.03 1,017.50 8,672.87 861.00 94,724.00 7,186.40 98,612.50 110,933.95 40,649.00 1,091.13 . 739.36 2,920.65 6,538.31 300,126.39 1,040.51 78,633.65 67,226.07 1,876.54 283,551. 58 200,438.15 4,411.94 123,210.96 2,634.57 18,694.63 12,594.56 42,560.75 261,256.81 9,483.09 1,876,371.04 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,876,371.04 1,876,371.04 PAGES 73, 74, AND 75 HAVE BEEN REMOVED CITY COUNCIL LETTER Meeting of: February 13, 2006 AGENDA SECTION: NO: PUBLIC HEARING toA ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING--CABLE RATES NO: BY: LINDA L. MA DATE: February 3 On or about March 1, 2005, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, UUpdating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, uDetermining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2005 to May 31, 2006. It should be noted that Comcast adjusted its rates effective January 1, 2006. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's maximum permitted rates as of June 1, 2005, and prior to June 1, 2005, as well as the current rates. Maximum Maximum Permitted Rate Permitted Rate Current Rates Prior to June Effective June (Since January 1, 1, 2005 1, 2005 2006) Basic Service $ 10.94 $10.67 $ 9.10 Converter/Receiver $1. 30 for Basic $1. 47 for Basic $1. 05 for Basic Only Only Only $4.83 all $4.83 all $4.00 all others others others Remote Control $ .33 $ .28 $ .15 Installation-Unwired Home $52.23 $51. 34 $44.99 Installation-prewired Home $31.40 $32.72 $27.99 Installation-Additional Outlet- $17.15 $17.11 $13.49 Connect Initial Installation-Additional Outlet- $25.31 $26.30 $19.99 Connect Separate Other Install-Relocate Outlet $23.60 $23.44 $18.99 Upqrade- Optional Services $17.12 $18.27 $15.49 Downqrade- Optional Services $15.55 $14.37 $ 9.99 I COUNCIL ACTION, P.76 CITY COUNCIL LETTER Meeting of: February 13, 2006 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 3, 2006 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of January 9, 2006, the City Council established a public hearing date of Monday, February 13, 2006, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2005 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper and appeared on the government access channel. At the Telecommunications Commission meeting of January 19, 2006, Steve Guzzetta, the City's telecommunications attorney, presented three options from which the City may at this point in time select in addressing Comcast's rate filing: (A) do nothing (the City would remain certified to regulate rates and could review and act on future rate filings from Comcast) ; (B) decertify (which would mean the City would no longer be empowered to regulate rates); and (C) perform no review and issue rate orders preserving the City's rights to the extent possible (the City would retain the right to look at underlying data, calculations and assumptions in the context of a future rate filing). The Telecommunications Commission recommended that the City Council pursue Option C - perform no review and issue rate orders preserving the City's rights to the extent possible. The benefit of Option C is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2006-20 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2005. Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic cable service, as calculated in the 2005 FCC Form 1240, but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2006-21 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2005. Adoption of the resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation as calculated in the 2005 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. COUNCIL ACTION: P.77 CITY COUNCIL LETTER Meeting of: February 13, 2006 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 3, 2006 DATE: Page 3 RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-20, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-20, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2005. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-21, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-21, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2005. COUNCIL ACTION: P.78 RESOLUTION NO. 2006-20 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1.2005 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47 U.S.C. S 543, as amended, the City of Columbia Heights, Miooesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission Olereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1,2005, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2005 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2005 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2005 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2005 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2005 FCC Form 1240. Should information come to the City's attention that these representations were P.79 inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2005 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2005 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2005 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2005 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. S 76.936(b). Passed this _ day of February, 2006. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk P.80 1. RESOLUTION NO. 2006-21 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1.2005 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47 U.S.C. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2005 FCC Form 1205"), on or about March 1, 2005, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2005 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2005 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2005 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2005 FCC Form 1205. Should information come to the City's attention that these representations were P.81 inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a fmding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2005 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2005 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2005 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2005 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. S 76.936(b). Passed this _ day of February, 2006. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk P.82 'l. CITY COUNCIL LETTER Meeting of February 13, 2006 AGENDA SECTION: b& Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: February 7, 2006 DATE: NO: 2006-22 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Peters Place Apartments LLC regarding rental property at 1000 Peters Place NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-22, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-22, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Peters Place regarding rental property at 1000 Peters Place NE. COUNCIL ACTION: P.83 RESOLUTION 2006-22 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Peters Place Apartments LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 9, 2006 of an public hearing to be held on February 13, 2006. A reminder notice was mailed by certified mail to all interested parties on February 1,2006 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 the following: FINDINGS OF FACT 1. That on January 4,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 9, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on February 1, 2006, inspectors for the City of Columbia Heights, performed a [mal inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall provide unit #101 with a working smoke detector. 5. 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, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6978 is hereby revoked. P.84 2. The City will post for the purpose of preventing occupancy a copy ofthis order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days fi'om the first day of posting oftrus Order revoking the license as held by License Holder. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.BS CITY COUNCIL LETTER Meeting ofFebruarv 13,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY k>c.. Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman /~ Revocation DATE: February 7, 2006 DATE: NO: 2006-23 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Becky Xiong regarding rental property at 4642 Taylor Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-23, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-23, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Becky Xiong regarding rental property at 4642 Taylor Street NE. COUNCIL ACTION: P.86 RESOLUTION 2006-23 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Becky Xiong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4642 Taylor St. NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 12,2006 of an public hearing to be held on February 13, 2006. A reminder notice was mailed by certified mail to all interested parties on February 6, 2006 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 malces the following: FINDINGS OF FACT 1. That on December 5, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty-one violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 12,2006, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on February 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Upper Unit. Shall repair/replace the window trim around the window in the bathroom. 11. Shall repair the hole in the southeast bedroom door. The door is done, but bare wood...Shall stain/seal/paint the patch. 111. Shall remove all outside storage and store in garage or shed. Items include but are not limited to: BRUSH PILE IN DRIVEWAY, TREE LIMB IN FRONT YARD. 5. 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 P.87 City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7490B is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy oHhis 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 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.SS