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HomeMy WebLinkAboutJanuary 28, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 28, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 28, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bill Hugo, St. Matthew Lutheran Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed the license revocation of 4455 Main Street, 669 46`h Avenue, 657 47`h Avenue and 1000 Peters Place, in that the properties have been brought into compliance. Williams requested to remove Consent Agenda Item G. Nawrocki requested to remove Consent Agenda Items D, E, and F. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. New Employee Introduction Kevin Hansen, Public Works Director, introduced Adam Cordes, Maintenance Worker, and Wayne Faue, Maintenance Worker, and listed their backgrounds. Hansen stated his pleasure to have them with us and indicated that he is impressed with their backgrounds. Wayne stated his appreciation to be a part of the City of Columbia Heights and Adarn stated his desire to "get to work" for the City. CONSENT AGENDA City Manager Walt Fehst took the Council members through the consent agenda. A. Approve minutes of the January 14 2008 Columbia Hei htg s City Council meeting. Motion to approve the minutes of the January 14, 2008 Columbia Heights City Council meeting. B. Establish a public hearing date on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. Motion to establish a public hearing date of Monday, February 25, 2008, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. Nawrocki stated that the increases are primarily not on the basic service. The cable company coiner in every year with increases, to which we have no choice. Nawrocki listed the cable franchise and legislation history. He referred to the Telecommunication Commission and asked that they be included in the process to take advantage of their expertise. Williams stated that we have a choice not to use cable. There are other options such as Dish City Council Minutes Monday, January 28, 2008 Page 2 of 15 Network and wireless networks. You can have the basic government channels free. Nawrocki reiterated the legislative removal of city rights to limit local rates. C. Adopt Resolution No. 2008-26 being a Resolution authorizing application to the Metropolitan Council Environmental Services for Drain Tile Disconnection Grant Program. Hansen stated that in the current I/I inspection program, which has been through two-thirds of the city, there have only been five properties that would qualify for the grant program, as it is only for foundation drains. This grant application would allow our eligibility. Nawrocki stated his pleasure at bringing up this grant possibility and that it is being pursued. Motion to waive the reading of Resolution No. 2008-26, there being ample copies available to the public. Motion to adopt Resolution No. 2008-26, being a Resolution authorizing the Public Works Director to submit an application to the Metropolitan Council Environmental Services for Foundation Drain Tile Disconnection Grant Program funds and designate the Director of Public Works as the primary contact for the program. RESOLUTION NO. 2008-26 BEING A RESOLUTION SUPPORTING AN APPLICATION TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) FOR FOUNDATION DRAIN TILE DISCONNECTION GRANT PROGRAM ELIGIBLE FUNDS AND DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WHEREAS, the City of Columbia Heights desires to reduce I/I entering the City sanitary sewer system; and WHEREAS, the City of Columbia Heights is has been identified by the MCES as exceeding our I/I goals; and WHEREAS, the City of Columbia Heights has an active program to reduce inflow and infiltration to meet our I/I goals; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City Council supports the application of the Foundation Drain Tile Disconnection Grant Program funds and that the Director of Public Works is hereby authorized to apply to the MCES for funding on behalf of the City. BE IT FURTHER RESOLVED that Columbia Heights has not willfully violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the MCES, Columbia Heights apply for reimburse of actual expenses related to the disconnection of foundation drains in the Community. BE IT FURTHER RESOLVED that Columbia Heights will comply with all applicable laws and regulations as stated in the MCES grant program. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby designated and authorized to apply for and execute such forms as are necessary for the reimbursement of work receiving MCES Foundation Drain Tile Disconnection Grant Funding on behalf of the City. D. Acceptance of Final Park Plans and Authorization to Seek Bids for Sullivan Lake Park and Silver Lake Beach -Removed E. Approve purchase of replacement vehicle for vehicle #410 with a 2008 Ford Escape SLS U92 - Removed City Council Minutes Monday, January 28, 2008 Page 3 of 15 F. Approval of the reissue of rental license to L & P Asset Holdings LLC at the property located at 4502 Washington Street N.E. -Removed G. Approval of the attached list of rental housing_license applications, in that they have met the requirements of the Residential Maintenance Code. -Removed H. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124416 through Check Number 124598 in the amount of $2,104.825.99. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items A, B, C, and H. Upon vote: All ayes. Motion carried. D. Acceptance of Final Park Plans and Authorization to Seek Bids for Sullivan Lake Park and Silver Lake Beach Nawrocki stated that he felt there were items that could be removed from these projects. There were funds set for Ramsdell Park that will instead be used for this. This is more than we need to do. Williams stated that these two parks need improvements and that they are long over due for renovation. Motion by Williams, second by Kelzenberg, to accept the Final Park Plan(s) prepared by Brauer and Associates for Sullivan Lake Park and Silver Lake Beach and authorize the advertisement of public bids. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried E. Approve Rurchase of replacement vehicle for vehicle #410 with a 2008 Ford Escape SLS U92. Nawrocki asked if the other person is responsible for the dai~nages. Fehst stated that if they were, it would be for the book value of the vehicle, estimated at $2,500. Nawrocki questioned if a vehicle could be handed down from another department, such as the Police Department, for this use. Fehst stated that the building official has always been designated a vehicle. Fehst referred to the need for a high profile vehicle. He indicated that in city driving the gas mileage fora 4x4 is only one mile per gallon worse than a two wheel drive vehicle. This is the lowest priced car of this type on the State contract. Nawrocki stated that we could get value out of using one of the hand-me downs from the police department. Fehst stated that this vehicle was used for thirteen years. Motion by Williams, second by Kelzenberg, to approve the purchase of replacement vehicle for City of Columbia Heights vehicle #410 with a 2008 Ford Escape SLS U92 for a price of $16,275.00 plus tax, license, registration ($1,095.50) and modifications for mounting and powering the mobile computer ($500.00), from General Fund -Capital Replacement 431. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Williams stated that this was the lowest bid by $2,500. G. Approval ofthe attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. City Council Minutes Monday, January 28, 2008 Page 4 of 15 Motion by Diehm, second by Kelzenberg, to approve the items listed for rental housing license applications for January 28, 2008. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Ordinance #1533: Excel Franchise Agreement Hansen stated this is the second reading of the Excel Franchise Agreement. The question raised at the first reading was regarding the Suburban Rate Authority (SRA) review. It has been passed on to them without any comment received. Nawrocki referred to comments on moving utilities and that Nawrocki indicated that he had requested the second reading be held over for SRA review. Their attorney reviewed it and was satisfied with the agreement. There were comments about better cooperation on moving utilities during street repair. Nawrocki was told that this was taken care of. Motion by Kelzenberg, Williams, to waive the reading of Ordinance #1533, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance #1533, being an Ordinance adopting a franchise agreement with Xcel Energy for the City of Columbia Heights. Upon vote: All ayes. Motion carried. The Ordinance may be found at the end of this c~ociement. B. Bid Considerations Adopt Resolution 2008-25, Budget Appropriation, and Award Consultant Contract for Pont_o_f Sale Implementation Scott Clark, Community Development Director, referred to the Point of Sale discussion at the last work session and his prior understanding to implement this program by 2009. This request is to obtain a consultant. They will not just prepare the program and ordinance, but also implementation, inspections, and the escrow system. To secure the consultant, we only received one applicant. This item was not budgeted in 2008, but Fund 201 has a balance and we would request a budget appropriation. That would go toward the base cost, with fees directed back to the fund. Nawrocki stated that this is premature and should have been discussed at budget time. It has been discussed for a long time with not much information brought forward. We should obtain information from other cities. This program would duplicate work that realtors should do. As for this being paid off in the future, it makes it sounds like this will be implemented no matter what the consultant says. Williams asked Scott to explain this program to the public. Clark stated a Point of Sale ordinance would indicate our minimum requirements for home conditions prior to a sale, i.e. HVAC. The time for home repair is at the time of sale, to bring the home up to a standard. This program would match our external goals for improved housing. Nawrocki asked if the city can have requirements not in the normal building code. Clark stated that by the International Property Maintenance Code we can indicated what issues are to be City Council Minutes Monday, January 28, 2008 Page 5 of 15 addressed that would affect health and safety. Staff will recommend that the ordinance be abstract. We would ask for a few volunteer homes to decide the level of ordinance to approve. Nawrocki stated that you can not require things beyond the State Building Code and that is what we require now. Nawrocki questioned the current fees charged for inspection. Clark stated that about five years ago it was $150 to $175. We do not know what other communities are doing. Fehst stated that is part of what the consultant would do. Five years ago this was a significant priority of the City Council. He referred other issues currently addressed, but indicated the desire to refocus on housing improvements. Fehst stated that the realtors he has spoken to agree with this program, as there are many structures that need improvement. Fehst stated that new residents deserve to have the homes they purchase in a good, safe condition. Nawrocki indicated that this program would not be required until the home is sold. Nawrocki referred to the accomplishments of the housing inspection program. Fehst referred to the number of homes sold each year and stated that we should not delay any further. Nawrocki stated that this is the realtor's responsibility and the mortgage inspection should suffice. Fehst indicated that Council can look at what they wish to require. Nawrocki stated that there was only one proposal, and there must be more possible consultants available. Fehst stated that the original estimate was $40,000 if the project was done in pieces. Doing the whole program together would constitute a great savings. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-25, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-25, a Resolution authorizing a $20,400 special appropriation from Fund 201 to allow payments for Point of Sale consultant work. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. Motion. by Williams, second by Kelzenberg, to award a Point of Sale consultant contract in the amount of $20,400 to Bennett Community Consulting, per a Scope of Services dated January 4, 2008. Nawrocki stated he would vote against this, as we did not obtain competitive bids. Peterson stated that in the past realtors were against this program and now they are totally behind it, as this relieves some of the pressure on them. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nav Mntinn ~arriv~l ..N~ .........,,...,... ~ ,.,... RESOLUTION 2008-25 AUTHORIZING A $20,400 SPECIAL APPROPRIATION FROM FUND 201 TO ALLOW PAYMENTS FOR POINT OF SALE CONSULTANT WORK WHEREAS, the Community Development Department has been given direction by the City Council to develop a Point of Sale Program, and WHEREAS, after discussion on January 22, 2008 between the City Council and staff, there was consensus to proceed with the hiring of a consultant to perform the aforementioned work, and WHEREAS, the 2008 budget did not anticipate the hiring of a consultant for said purpose, and WHEREAS, the Community Development Department's financial operations are accounted for as a special revenue fund, and City Council Minutes Monday, January 28, 2008 Page 6 of 15 WHEREAS, the Community Development's Fund. 201 has sufficient funds to transfer to pay for consultant services, NOW THEREFORE BE IT RESOLVED: The City Council authorizes a special appropriation of funds not to exceed $20,400 from Fund 201, which is to be used solely for the purpose of consultant payments as authorized by Council under separate motion. Consent Agenda item F: Approval of the reissue of rental license to L & P Asset HoldingLs LLC at the property located at 4502 Washington Street N.E. John Larkin, Assistant Fire Chief, stated this license was revoked in October for siding, garage, and two other issues. Items were corrected and the fees paid. Nawrocki stated that in driving past the property it does not look complete. Larkin stated that a seasonal extension was given for the garage. Motion by Williams, second by Kelzenberg, to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street N.E. in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. C. Other Business Public Safety facility - Fehst stated that we instructed Buetow to look at other options for the site and they should have something for us in February. Nawrocki referred to the preliminary budget report, indicating that the Council was over budget. One unbudgeted item was $14,000 for Buetow and Associates. That should have been charged to the Police/Fire Departments. Fehst stated it was understood that this would come from the Council contingency fund. PUBLIC HEARINGS A. Revocation of the license to operate a rental unit within the City of Columbia Hei hg is is requested against rental properties at Removed -Resolution No. 2008-21 - 4455 Main Street Removed -Resolution No. 2008-22 - 669 46th Avenue Resolution No. 2008-23 - 4641-43 Taylor Street -Larkin stated there are four items on the exterior of the property in violation of the code. This inspection was generated from a complaint. The owner stated that the property is going back to the bank and he will not do anything with it. Larkin asked if this could be included with the abatement of the last meeting. Jim Hoeft, City Attorney, indicated that if there is a need to secure the property the abatement could be on an emergency basis. If not, there should be another revocation proceeding. Resolution No.2008-24 - 3806 Gauvitte Street -Larkin indicated that the application and license fee were not submitted. Removed -Resolution No. 2008-15 - 1000 Peters Place Removed -Resolution No. 2008-17 - 657 47th Avenue Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution. Numbers 2008-23, 2008-24 there being ample copies available to the public. Upon City Council Minutes Monday, January 28, 2008 Page 7 of 1 S vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2008-23, 2008-24 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. RESOLUTION 2008-23 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Riaz Shad (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4641-4643 Taylor Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 3, 2008 of an public hearing to be held on January 28, 2008. 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 28, 200'7 inspectors for the City of Columbia Heights, inspected the property described above and noted five 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 3, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 18, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that four violations remained uncorrected. 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: 4643 -Shall repair or replace the damaged side storm door, shall scrape/paint overhead garage doors, 4643 -Shall replace the broken glass in the front door, 4643 -Shall repair or replace the damaged side storm door. S. 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8626 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 heid 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. RESOLUTION 2008-24 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Dimeji Alamutu (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3806 Gauvitte Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 11, 2008 of an public hearing to be held on January 28, 2008. City Council Minutes Monday, January 28, 2008 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 December 27, 200'7 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 January 11, 2008, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to submit a rental license application and 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3806 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. B. Declaration of a nuisance and abatement of violations within the City of Columbia Hei hg is is requested re ag rdin~ property at 955 43rd Street, Resolution 2008-09, for failure to meet the requirements of the Residential Maintenance Code. Larkin stated this was an immediate abatement based on health and life safety issues. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 200$-09 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adapt Resolution Number 2008-09, a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2008-09 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving ohatc.,,,o„t of nrflinan~P vi~latin»c »nrenant to ('ha»tar R Artirla TT of City (~'nrte of the nrn»erty n~unerj by Rte»hPn Wnuk (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 955 43`d Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular snail to the owner of record on January 7, 2007. 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 20, 2007 the Fire Department was called to the house on an emergency medical call and upon arrival firefighters noticed a large amount of garbage and human and animal waste throughout the house. Both occupants of the home were transported to the hospital. 2. That on December 21, 2007 the Fire Department posted the structure uninhabitable and the owners of the home City Council Minutes Monday, January 28, 2008 Page 9 of 15 were contacted at the hospital of this declartion. The two pets belonging to the homeowners were removed and transported to the Camden Animal Hospital for boarding. 3. That on December 28, 2007 the Fire Department applied for and received a search warrant to enter the home for a complete inspection and assessment on what needed to be done to abate the health and safety issues inside the structure. 4. That on January 3, 2008 the City of Columbia Heights hired contractor, in conjunction with the Anoka County Health Department inspectors, cleaned the inside of the house, removing any items that were deemed a health hazard. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the uninhabitable structure located at 955 43`d Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this 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 955 43`d Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 955 43`d Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Nawrocki referred to 669 46th Avenue and stated he could not find the house. Larkin indicated the location. Nawrocki stated that in back of the apartment on 47th Avenue, there is a TV and mattress to be removed. There has been nothing done with fire damaged house at 38th Avenue and 2°d Street and there is a shed in the front with the front door hanging loose. The front porch railing and the fence on the south side need repair. ADMINISTRATION Report of the City Manager Fehst indicated there will be a work session on February 4. There will now be only one work session a month, on the first Monday of the month. Items for the work session will be sump pump discount program, review of City assessing policy: State-Aid Streets, capital equipment replacement of a street sweeper, capital equipment replacement of a tandem dump truck, and annual replacement of two police vehicles. Fehst referred to a brochure given to him by Councilmember Diehm, regarding indoor health facilities that pay for themselves. He stated that he has contacted them, but they do not have a lot of experience and have only one facility in California. He described that facility. Fehst stated that they try to run the facility with the intent to pay a profit to the city. They would not look at a facility with less than six gyms. We will continue to talk to them. Fehst indicated that he has meet with YMCA representatives. They were deflated about not having the money to begin the project, such as the City of Elk River putting up two-thirds of the funds and having limited gym. time. Fehst questioned them about building a facility on donated land. They indicated they can build a gym for $1.6 million. Fehst stated that meetings are scheduled with the school district on Friday and Monday. We have some concern about the cost, but feel we will be able to work it out. We asked the YMCA for a bottom line for a facility with pools, and their operating cost. They would not give us that information and at this time, have not called back. City Council Minutes Monday, January 28, 2008 Page 10 of 15 Nawrocki • Referred to Elk River giving $12 million for their facility and indicated other costs and usage restrictions of the gym. Fehst stated that they receive 22 hours of gym time. • Referred to copper pipe stolen from the liquor store while under construction. Fehst stated that we saved money on the contract by using our insurance, but the builder will pay the deductible. • Referred to the proposed newsletter, indicating that the election information should be on the front page and the liquor store figures are inaccurate. Fehst stated that election information would be prominent in the next newsletter. Nawrocki requested assurance that the county transportation plan encouraging community comments would receive a response from us. • Questioned if Parkview Villa management changed their manager, would it be subject to review by the HRA. Diehin indicated that the final document has not yet been reviewed. Peterson stated there is a number for council members to call with changes to the newsletter. Fehst referred to the positive comments received on the new look of the newsletter. Report of the City Attorney CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Read Senior Club activities from the Green Sheet. • The liquor stores are having a sale before they move to their new facilities. Fehst stated that we should be close to moving in the beginning of February. Williams • Encouraged Fehst to continue discussions with the YMCA. The School District is very grateful and excited that we will work together. Gave the Mayor credit for moving forward on this. Fehst indicated that we have received about 15 different joint powers agreements to review. Both gym units would be separately metered. • Questioned progress on obtaining a possible bubble. • Excited about "Point Of Sale" to monitor homes that are not in a condition to be sold. • Continue to work hard to make our city a better place to live. • Happy about the improvements to our two parks Dielnn • On Wednesday night, SAGA is sponsoring a spaghetti. dinner fund raiser at Murzyn Hall. Come and support our food shelf. Nawrocki • Cable runs on city right-of--ways. • Listed the caucus locations for next Tuesday. • On February 9, the Lions Club will sponsor their annual Sweetheart Dance. City Council Minutes Monday, January 28, 2008 Page 11 of 15 • Twin Cities Business has story on legal professional's Pro Bona work, with a picture and quotes of Councilmember Diehtn. • The SRA meeting had a presentation from Reluminate regarding a collection of outdoor lighting that would be worth looking at. • 3~~' and Central -objected as this grant was submitted prior to presentation to the EDA or Council, with no consideration given to other projects. This would essentially give the developer the land. We could have applied for the money to put toward a police and fire station. • Strong concern with city finances - re: property tax increases and use of reserve funds. Requested a list of consultants used last year, the contract cost and add-ons. Also requested consultant contract Haines under $15,000. Requested to know in the future when there are consultant contracts under $15,000 and what fund they would come from. Peterson • The Values First Core Value for January is respect, defined as consideration and regard. January was a good month for the Council, as there was respect shown. • February is citizenship, defined as patriotism. Get involved. • It is a new day in Columbia Heights. We have a wonderful opportunity here to work with our school. Our new school superintendent is a joy to work with, and the School Board is receptive to working together. Commented that Superintendent Kathy Kelly stated it will be a "community school" and is confident that an agreement will be reached. Received a scathing letter that the schools are going down. If we want a good commmunity and good schools, we need to work together. We can make an impact. We should get excited and get behind the project to build a gym. We want our youth, adults and seniors to use it and for everyone to feel welcome. We will overcome the negativity. Get behind our community and accomplish what we want to do. Don't forget our service inen and women, no matter what you feel about the war. Thank them. • Don't take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:35 p.m. .. ~ , . , Patricia Muscovitz CMC ,~,>~ City Clerk ORDINANCE NO. 1533 BEING AN ELECTRIC FRANCHISE ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. City Council Minutes Monday, January 28, 2008 Page 12 of 15 THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Columbia Heights, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm water, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. Electric Facilities. Electric transmission and distribution towers, poles, conductors, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Notice. A written notice served by either party or parties on the other party. Notice to Company shall be mailed to the General Caunsel, Legal Services, 414 Nicollet Mall, 5`~' Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City of Columbia Heights, 590 40`h Avenue N.E., Columbia Heights, MN 55421. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. Public Way. Public right-of--way within the City as defined in Minn. Stat. § 237.162 subd. 3. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat, and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things nPCPasarv or cnstornarv to accom»lish these »urnosec suhiect_ however. to such reasonable reeulations as may he imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. V 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 days after the date the City Council adopts this Ordinance, or otherwise places the City on notice, before that time, that the Company does not accept all terms of this franchise, the City Council by resolution may revoke this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3 Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance shall be paid by the City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a City Council Minutes Monday, January 28, 2008 Page 13 of 15 mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6 Continuation of Franchise. If the City and Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or Company serves written Notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed; and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location, and relocation of Electric Facilities shall be subject to any permit requirements authorized in a separate ordinance and other reasonable regulations of the City, consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Electric Facilities in place, provided, at City's request, Company, at its own expense, removes abandoned metal conduits or concrete encased conduit or other Facilities interfering with a City improvement project, but only to the extent such conduit or other facility is uncovered as part of the City improvement project. 3.2 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without fast having obtained a permit from the City, if required by a separate ordinance: for which the City may impose a reasonable fee, subject to the provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a pernut if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii} Company gives telephone, e-mail or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair Company shall apply for any required permits and pay any required fees. 3.3 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, in accordance with Minnesota Rules, Part 7819.1100 and applicable City ordinances to the extent consistent with law._ Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter,_but shall have no obligation to water any grass or other vegetation thereon. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. 3.4 Performance Security. The City hereby waives any requirement, in the normal course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. 1aT,. t. .: ~L.,.f,.,. ,7:.,,. tL.... F .-~„'..:., .. tl.o !'': t., tl,o ~-.L,t to orfnrv»anra hnn rl fnr nazz~ inetat~atinn ivvtwiuiatautttus ti ta, ivt~.bvuas, uza. ...aay zwa.z vw uia. iib.aa w requ.... .. p .................. ........ .... .... .. .........._........., replacement, or repairs, when the Company's completion of its work is required in order for the City to proceed with a public improvement project. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities or other persons or properly while performing any activity. 3.7 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company a sufficient length of time.. considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities Company deems necessary. City Council Minutes Monday, January 28, 2008 Page 14 of 15 3.8 Mapping Information._____Company must promptly provide mapping information for any of its underground Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation in Public Ways. Company shall comply with the requirements of any applicable ordinance of the City relating to relocation of Electric Facilities in Public Ways to the extent consistent with Minnesota Rules, Part 7819.3100 and applicable law. 4.2 Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a fmding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with applicable city ordinances consistent with law. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is fmancially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non-betterment Costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to Electric Facilities constructed in reliance on a franchise from City and shall not be construed to waive Company's rights under an easement or prescriptive right or State or County Permit. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising there from. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify and hold harmless the City from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required solely for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and mauitain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall the City be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules, Part 7819.3200, if the City's order directing vacation of the Public Way does not require relocation of the Company's Electric Facilities, the vacation proceedings shall not be deemed to deprive Company of its right to continue to use the right-of--way of the former Public Way for its Electric Facilities installed prior to such order of vacation. City Council Minutes Monday, January 28, 2008 Page 15 of 15 SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordmance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Reservation of Rights. The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 301B.01, to require a franchise fee during the term of this franchise and to amend the fee. If the City elects to require a franchise fee or amend an existing franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee schedule. The fee shall be set forth in a separate ordinance and not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, including but not limited to the requirement of concurrent permit fees to defray costs of utility operations, each hereby consents to the jurisdiction of State District Court, Anoka County, to construe their respective rights under the law, subject to all rights of appeal. City and Company expressly reserve all rights and arguments concerning franchise fees and related issues and this paragraph is not intended, and shall not be construed, as a waiver of any such rights or arguments. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the parties agree to negotiate in good faith to substitute, to the extent reasonably possible, amended provisions that validly carry out the primary purpose of the invalid provision. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the ternls hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDt1I2E. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk after City Council adoption of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous electric franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise shall terminate. This ordinance shall be in full force and effect from and after 30 days after its passage.