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09-09-2024 City Council Meeting Packet
CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, September 09, 2024 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft TeamsMeeting at columbiaheightsmn.gov/joinameeting: ID 286 466 516 904, Passcode cjnZoS. Additionally, members of the public may view the meeting live at columbiaheightsmn.gov/watch. For questions, please call the Administration Department at 763-706-3610. Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763 -706-3610 to make arrangements. WELCOME/CALL TO ORDER/ROLL CALL MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items submitted after the agenda preparation deadline.) PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Recycling Champions. B. Latine Heritage Month Proclamation. C. Constitution Week Proclamation. D. Hunger Action Day Proclamation. E. Columbia Heights Pride Day Proclamation. F. The 1944 Warsaw Uprising US Airlift Day of Remembrance Proclamation. 1 City of Columbia Heights AGENDA September 09, 2024 City Council Meeting Page 2 CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. (The City Council will make motion to approve the Consent Agenda following the statement of all items.) 1. Approve the August 26, 2024 City Council Meeting Minutes. MOTION: Move to approve the August 26, 2024 City Council Meeting minutes. 2. Approve the September 3, 2024 City Council Work Session Meeting Minutes. MOTION: Move to approve the September 3, 2024 City Council Work Session Meeting minutes. 3. Accept January 24, February 28, & March 27, 2024 Park & Recreation Commission Minutes. MOTION: Move to accept the January 24, February 28, & March 27, 2024 Park & Recreations Commission Meeting minutes. 4. Accept August 5th, 2024 Regular EDA Meeting Minutes. Motion: Move to accept the August 5th, 2024 Regular EDA Meeting minutes. 5. Accept August 7, 2024 Library Board Minutes. MOTION: Move to Accept the Library Board minutes from August 7, 2024 6. Approve Actions of the Columbia Heights Volunteer Relief Association. MOTION: Move to approve the changes to the Columbia Heights Volunteer Relief Association Bylaws and compensation policy as approved by the Columbia Heights Volunteer Relief Association Board of Trustees and general membership. 7. Second Reading of Ordinance No. 1701, an Ordinance to Amend Chapter 5.607 Pet Shops and Commercial Kennels. MOTION: Move to waive the reading of Ordinance No. 1701, there being ample copies available to the public. MOTION: Move to approve Ordinance 1701, being an ordinance to amend Chapter 5.607 Pet Shops and Commercial Kennels, and direct staff to send the summary ordinance for publication in the legal newspaper. 8. Second Reading of Ordinance No. 1704, an Ordinance to Amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights. MOTION: Move to waive the reading of Ordinance No. 1704, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1704, being an ordinance to amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights and to direct staff to send a summary of the ordinance as presented, for publication in the legal newspaper. 2 City of Columbia Heights AGENDA September 09, 2024 City Council Meeting Page 3 9. Resolution 2024-060 to Accept MN Department of Public Safety DWI Traffic Safety Officer Grant. MOTION: Move to waive the reading of Resolution 2024-060, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-060 accepting the Minnesota Department of Public Safety grant for the DWI Traffic Safety Officer of up to $150,000, and authorize and direct the execution of the grant agreements. 10. Authorize the Purchase a Fitness Court Studio from the National Fitness Campaign. Move to Approve the purchase of a Fitness Court Studio from the National Fitness Campaign in the amount of $135,000, and authorize the City Manger to execute contract for the same. 11. Establish Date for 2024 Public Special Assessment Levy Hearing for 2024 Concrete Alley Construction, Project 2406, and Delinquent Accounts. MOTION: Move to establish Monday, October 7, 2024 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project 2406, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 7, 2024 at 6:15 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. 12. Approve Final Payment for Zone 6 & 7 Street Rehabilitation, MSA 47th Avenue Mill and Overlay, and Gould Avenue Reconstruction, City Projects 2202, 2206, And 2208. MOTION: Move to accept the work for 2022 Street Rehabilitation, City Projects 2202, 2206, and 2208, and authorize final payment of $44,215.14 to Valley Paving Inc. of Shakopee, Minnesota. 13. Approval of Purchase of Refuse Carts. MOTION: Move to approve the purchase of 2,200 carts through the Sourcewell Cooperative Purchasing Contract at a price of $116,064 with funding from the Refuse Fund 603 and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 14. Capital Equipment Replacement of Central Garage Band Saw. MOTION: Move to approve the acquisition of a DoALL 400-S purchased from Sawing Products located at 7916 Kerber Blvd in Chanhassen, Minnesota, for $25,240 through competitive alternate quotes, with funding provided by Central Garage fund 701.9950.42010 15. Approval of Capital Equipment Replacement of Unit #280: Caterpillar Model 247B2 Compact Track Loader with Attachments and Trailer. MOTION: Move to approve the acquisition of a 2024 Caterpillar 249D3 Compact Track Loader with attachments from Zeigler Cat in the amount of $54,811 including trade in; and a Felling FT14I-16T Trailer from Lano Equipment in the amount of $15,121 from the State of Minnesota Cooperative Purchase Contract, for a total expenditure of $69,932. Funding is provided from the Streets and Parks Capital Equipment Replacement Fun ds 431-3121 & 431-5200. 3 City of Columbia Heights AGENDA September 09, 2024 City Council Meeting Page 4 16. License Agenda. MOTION: Move to approve the items as listed on the business agenda for September 9th, 2024, as presented. 17. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for September 9, 2024, in that they have met the requirements of the Property Maintenance Code. 18. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,870,591.96. PUBLIC HEARINGS This is the public’s opportunity to speak regarding this matter. Speakers that are in -person are asked to complete a Speaker Form and submit it to the City Clerk. Speakers attending virtually should send a request to speak with this information to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. Any comments made after the public hearing is closed will not be considered by the City Council and will not be included as part of the formal record for this matter as the item will have been voted on and the item formally closed by the Council. No Public Hearings. ITEMS FOR CONSIDERATION 19. Consideration of a Rental License Exemption for 4421 5th Street NE MOTION: Move to waive the reading of Resolution 2024-062, there being ample copies available to the public. MOTION: Move to deny Resolution 2024-062, a resolution approving the single-family rental exemption request for the rental application at 4421 5th Street NE, Columbia Heights, MN 55421. Ordinances and Resolutions 20. First Reading of Ordinance No. 1702, an Ordinance to amend Chapter 3 Administrative Code: Article V – Administrative Offenses. MOTION: Move to waive the reading of Ordinance No. 1702, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1702, being an ordinance to amend Chapter 3 Administrative Code, Article V – Administrative Offenses in the City of Columbia Heights for September 23, 2024 at approximately 6:00pm. Bid Considerations 4 City of Columbia Heights AGENDA September 09, 2024 City Council Meeting Page 5 No Bid Considerations. New Business and Reports No New Business or Reports. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager COMMUNITY FORUM The Community Forum is the public’s opportunity to address the Council regarding any matter that has not had a public hearing earlier in the meeting. Speakers that are in-person are asked to complete a Speaker Form and submit it to the City Clerk. Once called to the podium, the speaker should state their name and connection to Columbia Heights. Speakers attending virtually should send a request to speak as well as their address and connection to Columbia Heights to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. All speakers should limit their comments to five (5) minutes. Personal attacks, threats, the use of profanity, and other disrespectful comments are prohibited. The City Council will listen to the public comments, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting on which they are raised. ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 5 ITEM: Recognition of Recycling Champions. DEPARTMENT: Pubic Works BY/DATE: Public Works Director & Refuse Coordinator / August 27, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services X Sustainable BACKGROUND Anoka County provides grants, education and technical assistance to help multi-unit properties start or enhance their recycling program. Recently Labelle Park Condos II (1011 41st Ave) utilized these program resources and successfully completed the Anoka County multifamily recycling program. Labelle Park Condos has a team of management and community board members/owners that assisted in implementing the recommended improvements. To achieve success with the program, Labelle Park Condos used grant money from Anoka County to assist with improving and increasing recycling. All residents received recycling training and a recycling guide. Additionally, they implemented a program utilizing residential and common area sorting containers and recycling signage. Columbia Heights and Anoka County want to recognize Labelle Park Condos management, residents and community board/groups for showing how a teamwork approach can improve recycling in multifamily buildings. In addition to the recognition received this evening, the City also offers a one-month discount on city recycling charges for multifamily properties that complete the program. ATTACHMENT(S): Recycling Champion Certificate CITY COUNCIL MEETING AGENDA SECTION RECOGNITION MEETING DATE SEPTEMBER 9, 2024 6 Item A. COLUMBIA HEIGHTS RECYCLING CHAMPION Thank you for increasing your recycling and/or organics LaBelle Park Condos II __________________________________________________ Amáda Márquez Simula, Mayor City of Columbia Heights Public Works Department 637 38th Avenue NE Columbia Heights, MN 55421 A beautiful environment starts with you! This certificate is presented to 7 Item A. PROCLAMATION Latine Heritage Month: September 15, 2024 – October 15, 2024 In 1968, President Lyndon Johnson established Hispanic Heritage Week, which President George H.W. Bush expanded to Hispanic Heritage Month in 1988. This month is observed from September 15th to October 15th each year. This month marks the independence anniversaries of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua (September 15), Mexico (September 16), and Chile (September 18), celebrating the enduring spirit of freedom. "Latine" has emerged as an inclusive, gender-neutral term reflecting the diversity of Latin American descent. The Latine community is integral to Columbia Heights, contributing to art, music, cuisine, literature, science, and more. Latine Heritage Month honors the community’s resilience in facing discrimination and their deep roots in Indigenous cultures, preserving vital traditions and identities. It encourages reflection on shared histories and successes, fostering appreciation for the diversity that strengthens our city. NOW, THEREFORE, I, Amáda Márquez Simula, Mayor of Columbia Heights, proclaim September 15th to October 15th, 2024, as Latine Heritage Month in Columbia Heights. I encourage all citizens to honor our Latine community’s distinct heritage and enduring spirit and participate in efforts promoting cultural dialogue, unity, and exchange. ________________________________ Amáda Márquez Simula, Mayor September 9, 2024 8 Item B. PROCLAMATION Constitution Week: September 17 through September 23, 2024 September 17, 2024, marks the two hundred and thirty-seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, be it resolved that I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim the week of September 17 through September 23 Constitution Week in the City of Columbia Heights, County of Anoka, State of Minnesota, U.S.A. ________________________________ Amáda Márquez Simula, Mayor September 9, 2024 9 Item C. PROCLAMATION September 2024: Hunger Action Month In Minnesota, nearly one in four individuals has relied on emergency food resources to prevent hunger in the past year. In 2022, our food banks distributed over 160 million pounds of food, demonstrating the strength of our community's response to hunger. The 2023 One Minnesota Budget has provided over $5 million in emergency funding to food shelves and ensured free meals for students through the National School Lunch and Breakfast Programs. This investment is a step toward a future without hunger. Minnesota is committed to addressing hunger today and preventing it tomorrow. We are working closely with food banks to educate the public and advocate for policies that end hunger in our state. We also sincerely appreciate the efforts of faith communities and organizations like Second Harvest Heartland, SACA, Meals on Wheels, and the Every Meal backpack program. Their work inspires hope and reminds us of our shared responsibility to care for one another. During Hunger Action Month, I encourage everyone to volunteer, donate, and support these vital efforts. Together, we can ensure no one in our community goes hungry. ________________________________ Amáda Márquez Simula, Mayor September 9, 2024 10 Item D. PROCLAMATION Columbia Heights Pride Day: September 21, 2024 The LGBTQIA+ community in Columbia Heights, Minnesota, and around the world has made significant contributions to our cultural and societal fabric, enriching our lives with diversity, resilience, and creativity. Despite facing historical and ongoing challenges such as prejudice, hatred, and misinformation, the LGBTQIA+ community stands strong and perseveres. As a city, it is our responsibility to ensure the protection and support of all community members, regardless of their sexual orientation or gender identity. Columbia Heights is committed to fostering inclusivity by updating ordinances to include gender-neutral pronouns and incorporating gender-neutral facilities, such as bathrooms, in our new city hall. We recognize the importance of celebrating and supporting our LGBTQIA+ friends, family members, and neighbors, affirming their rightful place in our community. HeightsNEXT will host a Pride Festival at Kordiak Park on Saturday, September 21, 2024, from 11:00 AM to 4:00 PM, and we hope everyone can stop by to support the event and show the community that they belong here. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights does hereby proclaim Saturday, September 21, 2024, as “Pride Day in Columbia Heights,” County of Anoka, State of Minnesota, U.S.A. On this day, we encourage all residents to join in celebrating our LGBTQIA+ community and demonstrating our commitment to equality, acceptance, and unity. _____________________________ Amáda Márquez Simula, Mayor September 9, 2024 11 Item E. PROCLAMATION The 1944 Warsaw Uprising US Airlift Day of Remembrance: September 21, 2024 The heroic B-17 "I'll Be Seeing You" airlift crew made the ultimate sacrifice in support of the 1944 Warsaw Uprising in Poland, bravely flying missions to aid Polish resistance fighters against Nazi occupation. The crew faced unimaginable dangers, with their plane tragically shot down by Nazi forces. Some of the crew members perished in the crash, while others endured the hardships of Nazi POW camps. The City of Columbia Heights is deeply connected to this history, reflecting the courage and resilience of those who fought for freedom and the enduring spirit of solidarity between our communities. The unveiling of the B-17 "I'll Be Seeing You" Memorial, a replica sculpture gifted by our sister city Łomianki, Poland, stands as a powerful tribute to the crew's bravery and sacrifice. It also symbolizes the strong ties between Columbia Heights and the people of Poland. We are honored to welcome Polish dignitaries, including Rafał Trzaskowski, Mayor of Warsaw, Poland, Agata Grochowska, Consul of the Republic of Poland in Chicago, Małgorzata Żebrowska-Piotrak, former Mayor of Łomianki, Poland, and John Radzilowski, Director of the Polish Institute of Culture and Research, Gdak Studio designer and architect of the sculpture, alongside local officials and community members, to commemorate this historical event. Therefore, I, Amáda Márquez Simula, Mayor of Columbia Heights, hereby proclaim September 21, 2024 as "The 1944 Warsaw Uprising US Airlift Day of Remembrance" in the City of Columbia Heights. This day is in honor of the courageous B-17 crew who fought and died supporting the 1944 Warsaw Uprising and celebrates the enduring friendship and shared values of freedom and resilience between our community and the people of Poland. ________________________________ Amáda Márquez Simula, Mayor September 9, 2024 12 Item F. CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, August 26, 2024 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, August 26, 2024, in the City Council Chambers, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota WELCOME/CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Spriggs; Councilmember James Also Present: Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Jesse Hauf, Information Technology Director; Sara Ion, City Clerk; Scott Lepak, City Attorney; Matt Markham, Police Chief; Will Rottler, Communications Cordinator; Laurel Deneen, City resident; Paul Ramacher, City resident MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past , and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. 2024 Outstanding Business of the Year Award Presentation. Columbia Heights Pizza Man Mayor Márquez Simula announced Columbia Heights Pizza Man as the 2024 Outstanding Business of the Year and noted that the City delivered a plaque in advance. She read a statement of why Columbia Heights Pizza Man received the 13 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 2 acknowledgement. Mayor Márquez Simula presented the award to Pizza Man’s owner, Chris Kolstad. Mr. Kolstad thanked the Council for providing the opportunity to work with the community. Mayor Márquez Simula mentioned that those on the EDA understand how much work it is to run a business. She expressed her appreciation for the community support and for Mr. Kolstad to receive the award. B. Suicide Prevention Awareness Month Proclamation. Mayor Márquez Simula proclaimed September 2024 as Suicide Prevention Awareness Month and Councilmember James read the City’s proclamation. Mayor Márquez Simula asked for a moment of silence to think of those who have been effected by suicide. C. Recognition of the 2024 Northern Lights Award. Communications Coordinator Will Rottler mentioned that every year, the Minnesota Association of Government Communicators (MAGC), a statewide non-profit composed of communications and community engagement staff from all government organizations within the state, holds the Northern Lights Awards to honor special achievement s in a range of categories. Out-of-state judges score all entry submissions and choose to recognize winning entries in one of three awards categories: bronze, silver, and Northern Lights. In July, the City of Columbia Heights won the Northern Lights award for Community Engagement in the small entity category for its Central Place Room Community Poster series project. Mayor Márquez Simula noted that the artists who created the art are also included in the award. CONSENT AGENDA Councilmember James commented on Item 2 and mentioned that the Council Liaison was noted as Councilmember Buesgens when Councilmember James was the one in attendance. She asked if the change could be reflected in the minutes. Mayor Márquez Simula asked for additional information from the Police Chief regarding Item 4. Police Chief Markham explained that the mentorship program started with a conversation with Superintendent Zena Stenvik and Police Chief Markham. He mentioned that it can be a challenge to connect with the Spanish-speaking population in the community. There is an increase in the Ecuadorian population within the community and the school district. The Columbia Heights school district has been looking for opportunities to start a varsity boys’ volleyball team which will help connect with the Spanish speaking population and will be used as a mentoring program. There will be pre-game and post-game activities. 14 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 3 Mayor Márquez Simula asked to share the Public Safety aspect. Police Chief Markham replied that the program will be paid through the Public Safety funding that came from the State. After the funding is done, it will be funded through the typical community police programming budget. Motion by Councilmember Jacobs, seconded by Councilmember James, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve the August 12, 2024 City Council Meeting Minutes. MOTION: Move to approve the August 12, 2024 City Council Meeting minutes. 2. Accept the June 11 & July 9, 2024 Sustainability Commission Minutes. MOTION: Move to accept the June 11 & July 9, 2024 Sustainability Commission minutes. 3. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for August 26th, 2024, as presented. 4. Partnership with CHPS on Mentorship Program. MOTION: Move to authorize the Police Chief and City Manager to partner with Columbia Heights Public Schools on the creation of a volleyball program with a police mentorship component. Up to $28,528 in 2023 Public Safety Aid is authorized for this purpose. 5. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for August 26, 2024, in that they have met the requirements of the Property Maintenance Code. 6. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,438,579.83. PUBLIC HEARINGS 7. Consideration of Resolution 2024-59, revocation of the license to operate rental units within the city of Columbia Heights against the rental property at 1087/1089 Polk Circle NE for failure to meet the requirements of the Residential Maintenance Codes. This item was removed from the agenda. 8. First Reading of Ordinance No. 1704, an Ordinance to Amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights. IT Director Hauf stated the City and Comcast entered into a cable television franchise agreement through the adoption and execution of Ordinance No. 1583 in 2010. That agreement was extended in 2015 through 2020 as part of a Settlement Agreement related to a proposed franchise transfer that ultimately was terminated. Since then, the term of the franchise expired, although Comcast continued to operate under the terms of the 15 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 4 agreement. The City and Comcast agreed to use the informal cable franchise renewal process to reach an agreement. This process is essentially a contract negotiation. The City and Comcast have reached a tentative agreement, subject to the City Council’s approval . In your packet is a Cable Franchise Agreement Ordinance for your consideration. IT Director Hauf highlighted changes from the previous Ordinance such as labeling equipment. The franchise fee remains the same at 5%. The PEG funding fee has slightly increased to 2%. The HD channels to the library and the school will have an HD option. There will be a change of the old City Hall to the new City Hall address for cable broadcast. Councilmember James mentioned she spoke with IT Director Hauf regarding page 119 which includes a list of the free service. She added that the City was going to look into if it applied to all of the schools in the area. Mayor Márquez Simula opened the public hearing. Paul Ramacher, City resident expressed concerns regarding the way Comcast installs cable as well as the wires being in disarray. IT Director Hauf replied that the Ordinance would not change how the components in the right of way would be installed. Comcast is opting to do more burying of the fibers. It does not necessarily require Comcast to bury the fiber optic or copper networks. Mayor Márquez Simula asked if there would be further discussion with Comcast regarding the cables. IT Director Hauf replied that he would need to clarify that with the City engineer. Mayor Márquez Simula asked if IT Director Hauf could provide an answer during the next City Council meeting. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to close the hearing and waive the reading of Ordinance No. 1704, there being ample copies available to the public. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to set the second reading of Ordinance 1704, being an ordinance to amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights for September 9th, 2024 at approximately 6:00 pm in the City Council Chambers. ITEMS FOR CONSIDERATION Ordinances and Resolutions 9. Second Reading of Ordinance No. 1700, an Ordinance to Amend Chapter 9 - Land Use: 9.103 Definitions, 9.104 Administration and Enforcement, 9.105 Nonconformities, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, and 9.111 Industrial Districts. Community Development Director Forney explained that he would not review the entire 16 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 5 zoning amendment since City Planner Boucher did a thorough job covering it during the Planning Commission meeting as well as the first reading of the Ordinance. He explained that during the first reading of the Ordinance, the Council had some suggested changes. He confirmed that the changes were made such as altering greenhouses to be permitted as accessory uses. Greenhouses would not be incorporated in the number of accessory structures allowed on the property. Greenhouses would still need to meet all impervious surface requirements. The next change was to remove gender pronouns as well as to alter the rooming and boarding language so that the limitations were removed in other parts of the Code to be consistent with the number of renters allowed in a home. Permanent structures like overhang parking areas are allowed but non-permanent structures such as tents are not allowed. He added that there has been some interest from residents about the change from 120 square feet to 200 square feet in regards to an accessory building having a permit be required. The State building code requires a building permit for accessory structures that are 200 square feet or more. The change to the City Ordinance would allow the State and City to have consistent standards. Mayor Márquez Simula mentioned that the information has been reviewed in the past so that the public could understand why the information was limited. She opened the public the public hearing. Laurel Deneen, City resident, thanked those who worked on the Code and policy changes. She explained the importance for residents in the community that have aging parents, or people who have sisters or friends with developmental disabilities . The changes to the Ordinance will allow people to have more independence and care from loved ones. Paul Ramacher, City resident, noted that the lots in Columbia Heights are not standard lots. He mentioned that someone could put a structure of 1,000 square feet on a small lot which is the size of a house in the City. He added that the State requirement of needing a permit for an accessory building of 200 square feet applies to cities such as East Bethel or Ham Lake. He stated anything bigger than 8x10 feet should require a City permit and signed off by the neighbors. He mentioned that he does not want to look at a greenhouse made from pole barn material in his backyard. He added that residents do not want this and that it is for rural areas. He stated he does not agree with the Ordinance. He explained that the City should clean up what is already there such as neighbors having four-foot grass, an RV parked in the yard, or a motor in the driveway. Mayor Márquez Simula replied that there are Ordinances in place regarding having items in people’s yards. City Manager Chirpich added that the property maintenance Code allows for various violations to be addressed by the City’s inspection department. He encouraged residents to reach out if there are specific complaints related to the property maintenance Code. Mayor Márquez Simula asked to share more about the City being in compliance with the State Code and what the requirements were in the past. Community Development Director Forney replied that the City aims to stay congruent with the State’s building code in order 17 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 6 to stay consistent in the area. City Manager Chirpich added that the State building code is officially adopted by the City of Columbia Heights so the City cannot have less restrictive aspects to the Code. In this aspect, the City agrees with the State’s code and would like to enforce the same standards. Mayor Márquez Simula added that the same building standards would be included. City Manager Chirpich mentioned that there are several guardrails that govern accessory structures. The new Ordinance is updating which structures do or do not require a permit. Community Development Director Forney stated the building material standards still apply to buildings that are lower than the building permit. Many material violations are caught through complaints by neighbors. Accesso ry buildings are required to meet setback. Mayor Márquez Simula clarified that the City is not asking what the material will be or where the structure will be placed if the structure is smaller which is why complaints help establish if the standards have b een met. Councilmember Jacobs asked if the setback requirements would apply to the smaller units. City Manager Chirpich replied that they would. Mayor Márquez Simula asked if the setback standard was the same for all lots. City Manager Chirpich replied it is different between residential and commercial lots. One and two family dwellings shall be set back a minimum of three feet from the side lot line, a minimum of three feet from the real lot line, and a minimum of five feet from any other building structure on the same lot. They also are to be located behind the principal structure building in the front yard. Structures cannot be placed in the front yard. Mr. Ramacher stated most standard setbacks in other cities are a minimum of five to ten feet. 10x200 square feet means that a car could be parked in a shed without a permit being required. He added that neighbors should sign off on anything larger than 8x1 0. Mayor Márquez Simula noted that comments were good and that Staff and the Council are happy to hear additional comments on items. She thanked those who provided comments. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Ordinance No. 1700, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to approve Ordinance 1700, being an ordinance to amend Chapter 9 - Land Use: 9.103 Definitions, 9.104 Administration and Enforcement, 9.105 Nonconformities, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, and 9.111 Industrial Districts, and direct staff to send the summary ordinance for publication in the legal newspaper. Councilmember James expressed her gratitude for updating the standards and holding all properties to the standards. The new Ordinance allows for a specific standard that can be held for the entire community. She added that if community members see people that are not in compliance with the standards to call the City. Mayor Márquez Simula added that she believes people should be allowed to do what they need to do on their property within reason and as long as they are following the City Code. 18 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 7 All Ayes, Motion Carried 5-0. 10. First Reading of Ordinance No. 1701, an Ordinance to amend 5.607 Pet Shops and Commercial Kennels. Community Development Director Forney stated at the July Council work session, the Council discussed a Humane Pet Store ordinance after receiving correspondence from the MN State Director for the Humane Society of the United States informing the City of a model ordinance that municipalities across the Twin Cities have enacted. Some of these cities include Roseville, Eden Prairie, St. Paul, Carver, Cloquet, Minneapolis, and Coon Rapids. The Ordinance limits the ability for pet stores to sell pets (cats and dogs) that are acquired from puppy mills or other companies that are mass producing animals. Minnesota Statutes Section 412.221, Sub division 21 allows municipalities to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Community Development Director Forney explained each of the cities has adopted similar version of a model ordinance including Definitions, Prohibition on Sales, Certificate of Source, and Violations. Some have included inspection language. The model ordinances adopted by the cities listed above reflect the language in Minnesota SF 1317 and HF 1276, proposed bills in the 2023-2024 legislative session that did not pass but is expected to be reintroduced in the 2025 session. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to waive the reading of Ordinance No. 1701, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to set the second reading of Ordinance 1701, being an ordinance to amend 5.607 Pet Shops and Commercial Kennels in the City of Columbia Heights for September 9, 2024 at approximately 6:00pm. Councilmember Jacobs clarified that she spoke with Community Development Director Forney prior to the meeting regarding individuals who declare themselves as rescue centers but are not licensed. She noted that Community Development Director Forney would be looking into the issue as well as fowl that are being reputedly cared for in a local residence. Mayor Márquez Simula expressed her gratitude for the Staff’s work on the item. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Jacobs mentioned she attended the summer staff luncheon, the meet and greet for high school staff, the Columbia Heights Dentistry opening, and did four resident reach outs. Councilmember Spriggs did not have an update. 19 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 8 Councilmember James explained she attended movie in the park. She added she did a webinar with the League of Minnesota Cities and the Department of Employment and Economic Development, and a course through the League of Minnesota Cities on calculating property tax with city councils. Councilmember Buesgens stated she met with the City Manager and Lauren Letsche from Public Works to discuss cleaning up Sullivan Lake. She added she attended the kid's school farmers market, cone with a cop, the Sustainability Commission meeting, the Staff luncheon, a student art gallery, and music in the park. Mayor Márquez Simula mentioned that she attended the staff luncheon She attended the school scaling the heights event and movie in the park. She went to primary election locations to thank election judges. She added that she attended the Sister City meeting and mentioned the memorial statute will be ready and the unveiling will be on September 21, 2024 at West Huset Park. She attended the Regional Council of Mayors Executive team meeting, a nd a meeting with the Police Chief and City Manager. She mentioned that many people lost their power due to the heat and asked people to be safe with the heat and oncoming storm. Report of the City Manager City Manager Chirpich stated the Music in the Park finale is on August 28, 2024 from 6:30-8:00 pm at Huset Park East. The event is sponsored by Northeast Bank. The fall newsletter will hit mailboxes in the City in the next few days. Information from the newsletter can also be f ound on the City’s website. The City is interested in recruiting individuals to participate in the Columbia Height’s Police Department Multicultural Advisory Committee. The committee meets every other month on the third Tuesday at 6:30 pm in the Columbia Heights Public Safety building. Meetings are generally two hours long. If individuals are interested, they can contact Officer Tabitha Wood at 763-706-8110. City Manager Chirpich mentioned that the City Staff would like to apologize for a recent closure of the City’s recycling center over the weekend. There were issues getting the scrap recycling bin emptied by the hauler partner, Waste Management. The bin has been emptied and the facility will be open this weekend. Staff are exploring alternative vendors t o fulfill the contract if issues continue. City Manager Chirpich noted the City Manager’s proposed budget for 2025 has been sent to the Council a head of the meeting. During the next Council work session, the City’s Finance Director will review the City wide level information. During the next two work sessions, the department level information will be presented to the Council. The presentations will be presented by each department division head. The proposed budget right now does not include an 8% increase in the City’s gross property tax levy. It is partially offset by a larger than expected increase in the metro area fiscal disparity subsidy for the year, yielding a net increase of 5%. City manager Chirpich stated in 2023, the City Council passed a Resolution that went through 2025 for the utility charges for water, sewer, and refuse which calculated approximately a 4.3% utility increase for the typical household of four. The budget has recalibrated from that time to account for the experience over the last year and proposed an additional 1.1% increase on utility charges, which would amount to a 5.4% increase for 2025. 20 Item 1. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 9 City Manager Chirpich noted that the City Charter required the proposed budget and levy amounts to be presented to Council in August. The City Manager’s proposed budget will be placed on the City’s website tomorrow for residents to look at. The budget will continue to be refined over the next few months through presentations, discussions, and hearings before it is adopted. Mayor Márquez Simula noted that Council work sessions are typically on the first Monday of the month but the September meeting would be on Labor Day so it is going to be moved to September 3, 2024. City Manager Chirpich agreed and added that City offices would be closed on Monday, September 2, 2024. Refuse and recycling will be delayed by a day. The final day of the splash pad and wading pool will be on September 2, 2024. Councilmember James asked if there was an update on the Safe Routes to School project. City Manager Chirpich replied that it will be complete before the start of school. Mayor Márquez Simula asked if the Council work session agenda packet would be posted the Wednesday before the meeting. City Manager Chirpich replied that it would be posted this Friday on the City’s website. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:01 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 21 Item 1. CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Shared Vision Room, 3989 Central Ave NE Tuesday, September 03, 2024 6:00 PM MINUTES CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Márquez Simula at 6:05pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember James, Councilmember Spriggs Not Present: Councilmember Jacobs Also Present: Aaron Chirpich, City Manager; Kevin Hansen, Public Works Director; Sara Ion, City Clerk; Erik Johnston, Police Captain; Joe Kloiber, Finance Director; Sulmaan Khan, Assistant City Engineer; Brian Nemeth, Bolton and Menk. Connor Cox, Bolton and Menk; Elizabeth Burton; Jerry Auge, Assistant County Engineer; Jack Forslund, Anoka County Transportation Planner; Kevin Reich, Executive Director MWMO; Nancy Stowe, Projects and Outreach Director MWMO. WORK SESSION ITEMS 1. Proposed Changes to the Fire Department Relief Association By-Laws. Assistant Fire Chief O’Brien introduced Fire Relief Association President Jennifer Peña to give an update on the items that the relief association had recently voted to approve to enact changes that will go before the Council for approval at the September 9th meeting. The items were all updates consistent with the way the City handles onboarding of full time fire fighters as well as increasing pay for the officer positions in the relief association. Mayor Márquez Simula clarified that she had attended these meetings and spoke in favor of the changes. There were no other questions that the Council had related to this item. Assistant Fire Chief O’Brien thanked the Council and stated that they will have the item prepared for the Consent Agenda on September 9th. 2. Overview of Proposed 2025 Budget. Finance Director Joe Kloiber gave a brief overview of the background leading up to the preliminary budget. He informed the Council that the preliminary budget is traditionally approved at the September 26th Council meeting. He also clarified that the budget cannot increase, but only decrease after it is approved. Director Kloiber stated that his presentation is based on pages 1-7 from the City Manager’s 2025 Proposed Budget distributed to the City Council on August 26th. Copies of that document are also available within the Finance Department section of the City website. Kloiber instructed the Council that the final budget is voted on at the December 9th City Council meeting. He also mentioned that there is a notification requirement related to the EDA Levy that was 22 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 2 reviewed at the earlier EDA Meeting. This information will be noticed, and a separate resolution passed. Councilmember Buesgens inquired about publishing the 2025 pie chart information related to where funds go into the City’s newsletter. She also inquired about adding additional staff to the budget for 2025, 2026 and beyond. She is concerned about the upcoming project needs in the next four years, especially related to upcoming projects that will be discussed by Council later in the meeting. City Manager Chirpich confirmed that Finance and Communications have been working on a way to better relay this information to residents in both the City Newsletter and social media. He additionally addressed the upcoming agenda items for this work session and that there are long-term items to be considered related to additional budget needs. He additionally clarified that budgets are set with the mindset of not adding additional staffing and that there will be a strategy for building that in as contracted services as well as FTE’s as needed. He stated that the Public Works department has a long history of doing a lot with a little budget, and this needs to be explored. Mayor Márquez Simula stated that she is in favor of planning for these items during the 2025 Council Goal Planning Sessions that will occur during the first few months of 2025. Finance Director Kloiber confirmed that operating expenses are developed in consultation with the City Manager and Division Heads. There is no assumption of adding additional full- time employees as there is also turnovers and vacancies to be considered. Mayor Márquez Simula requested a copy of the updates related to the EDA be sent to the Council for review prior to the September 26th meeting. 3. Safe Streets for All Citywide Safety Action Plan Update. Assistant City Engineer Sulmaan Khan introduced Connor Cox with Bolton and Menk to give the Council an update on the City’s Safe Streets for All (SS4A) Citywide Safety Action Plan project that kicked off in June 2024. Project Manager Cox gave an overview of the goals of the action plan with emphasis on preventing accidents and deaths on roadways within the City. This study is being conducted over the course of one year. The scope of the project is engaging the community, conducting comprehensive safety analysis throughout the City, determining where there are higher density of crashes, identifying a high injury network, reviewing design concepts to reduce future crashes, and analysis city speed limits. All these components will be pulled together so that the City can use this plan to pursue future grant funds from a state and federal level to put recommended actions into place. Councilmember James inquired if there were State and County Highways being considered in this project. She was also interested in if there is an opportunity to solicit information from non-English speakers. She indicated that there is a lot with information that the school district has related to Spanish and Arabic speaking families. Additionally 23 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 3 Councilmember James hopes that overall policies could be addressed, i.e. uncontrolled intersections and painting of roadways. Project Manager Cox confirmed that the data and community engagement includes these areas, and that there are safety enhancements that will be recommended. Mayor Márquez Simula emphasized that she would like to see more traffic calming measures and partnering with the School District to reach more community members (especially during school open houses). She mentioned that there is a Spanish language resource fair that will be coming up that would be a good opportunity to solicit feedback . She would like a preview presentation prior to the open house for residents in October. Councilmember Buesgens asked if there will be follow up related to the plan when it is in its final stages. Additionally, she would like to see colorful cross walks in the community. Councilmember Spriggs clarified that the work being done is only planning and not funding for the projects to impact safety. Project Manager Cox commented that there are engineering requirements related to the painting of roadways. He will send the presentation and board templates to the Council prior to the October meeting where additional information will be presented and solicited from the community. Assistant City Engineer Khan mentioned that they will be focusing and trying to understand proven methods to reduce accidents. He clarified that Bolton and Menk project scope is not assisting with getting the grants but additional work related to that could be contracted if needed. Having the plan in place is the first step in getting County, State and Federal Funding. There were no additional questions or concerns from the Council. 4. Anoka County Update: 40th Avenue, Central to Main Final Layout and Report. Public Works Director Kevin Hansen introduced Bryan Nemeth from Bolton & Menk along with Jerry Auge, Assistant County Engineer, and Jack Forslund, Transportation Planner, from Anoka County to provide a presentation related to 40th Avenue. Additionally, he reviewed the final site layout, public process from the two community open houses, project website and the staff review related to the 40th Avenue Project. Overall, it is intended to use this final corridor plan to apply for funding at both the State and Federal levels. Mr. Nemeth presented the recommend concept and asked the Council for additional feedback. The first portion of the work to be completed will occur in 2026, from University to Mill street estimated to cost about three million dollars. The second portion of the work from University to Central will occur in potentially 2028 (or later) and will be approximately eleven million dollars. 24 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 4 Councilmember Buesgens stated that she is excited about the updates from 40th to Main Street. Mayor Márquez Simula clarified that there would be new signage and traffic lights where needed in the project. She also inquired about the infrastructure in the area that needs to be updated as well as boulevard planting and an adopt a tree program. Director Hansen stated that there is planning by the public works team to televise these areas and complete repairs / maintenance on the infrastructure under 40th prior to the road work being completed. Additionally, he stated that from his perspective and the City cost share there would absolutely need grant funding. He also addressed that the boulevard plantings would need to be in partnership with Anoka County to make sure it is within their guidelines. Councilmember Spriggs clarified that covered bus shelters in this project should be addressed with the MN Department of Transportation. Overall Council consensus was to have a cul-de-sac at the entry to the former City Hall site at Mill Street. They want to reduce the through traffic in the area and potentially have less parking at the corner of 40th and Central where there is a narrow path for buses. 5. MnDOT - Central Avenue Future Planning and Funding. Chris Bower with the Minnesota Department of Transportation (MnDOT) stated that he has spearheaded a comprehensive planning study (PEL) over approximately the past four years, encompassing Central Avenue and University Avenue. Overall, there is a focus on enhancing several intersections on both Central and University within Columbia Heights. He stated that there is ongoing evaluations related to how to positively impact these roadways including a focus on: two lanes vs. four lanes, traffic signals vs. roundabouts and pedestrian grade separation. The finalization of the report for this study is in process at the Federal level and anticipated to be approved by the end of the year. Metro Transit is also actively engaged in the preliminary design phase of a new bus rapid transit (BRT) line, known as the F Line, which is planned to traverse Columbia Heights via Central Avenue. Originally projected to commence construction in 2026, the F Line represents a significant transit initiative. To minimize disruptions, MnDOT's Central Avenue preliminary design is being done concurrently with the Metro Transit's F Line project. Both projects are planned to be constructed at the same time in 2028. MnDOT, Metro Transit, and the City of Columbia Heights have been collaboratively working together to finalize the layout of Central Avenue, ensuring that both projects are aligned for concurrent construction. Councilmember Buesgens was concerned about using roundabouts on University Avenue. She additionally questioned what amenities are available when construction occurs. 25 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 5 Mr. Bower stated that reducing speeds can be accomplished by adding roundabouts in areas with pedestrian crashes. There will be major public outreach occurring in October 2024 related to the proposed plans. Additionally, Anoka County and City Staff have been meeting with property owners on Central to inquire about how these improvements will impact their business both during construction as well as after the project is competed. He highlighted that they are committed to continued business access during construction. Mayor Márquez Simula asked that the business outreach feedback be given to the Council. Mr. Bower clarified that MNDOT is not well equipped to handle the maintenance for the amenities that are constructed as part of this project. Maintenance is one of the biggest things to discuss related to sidewalks, bike lanes, landscaping and amenities like benches and trash cans. Maintenance like this can be covered by a special service district. There would need to be State Legislative approval to have a Central Avenue Special Service District. City Manager Chirpich informed the Council that he would like to focus on the redevelopment contract for Central Avenue at the Rainbow Redevelopment Site, and to have maintenance contracts considered with this project. Mr. Bower informed the Council that MNDOT would like to make sure that the City is getting the word out to get feedback and upcoming public engagement opportunities. If there are questions from the community and constituents, please get them to MNDOT as soon as possible because it is important to get these critical issues addressed. Councilmember Buesgens inquired if changes are made to the road would alternate routes be utilized? She is also looking forward to the use of roundabouts in this area. Mr. Bowers indicated that approximately 80% of the traffic on Central Avenue is ending or beginning their trip in Columba Heights. The goal is not to displace traffic from Central and creating issues on side streets; they do not want to shift this traffic and cause massive displacement. They are looking at both University and Central as a pair to improve operations. They are also factoring in the frontage road as well, and how they limit access challenges. He will have additional information related to this project for the Council in the future. 6. Sullivan Lake Total Maximum Daily Load (TMDL) Study. Director Hansen gave an overview of this item and some of the key terms being discussed. City Manager Chirpich added that the meeting about Sullivan Lake that was recently held with the MWMO, Councilmember Buesgens and Engineering Tech Lauren Letsche was very productive and enlightening. He feels that there is a broader conversation involving the Council and Staff learning about the financial and legal implications that are created if moving forward with some of the suggested actions leading to a TMDL Study. 26 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 6 MWMO Engineer Nancy Stowe reviewed that Sullivan Lake, referred to as Sandy Lake by the DNR, located in Columbia Heights has a surface area of 16.8 acres. The maximum depth of Sullivan Lake is 9 feet, this classifies the lake as a shallow lake. In 2002 the lake was listed as impaired for aquatic recreation due to excess nutrients. Ms. Stowe clarified that once a body of water is added to the Minnesota Impaired Water List, both the EPA and MNPCA prescribe that a total maximum daily load (TMDL) must be developed for it. A TMDL is the maximum amount of a pollutant a body of water can receive without violating water quality standards, and an allocation of that amount to the pollutant’s sources. The TMDL process identifies all sources of a pollutant and determines how much each source must reduce its contribution to meet the standard. The primary purpose of a TMDL is to reduce pollutant levels in impaired waterbodies so they can support their designated uses, such as drinking water supply, recreation, and aquatic life. Ms. Stowe further clarified that TMDL’s can have significant implications. Municipalities often manage stormwater systems which may be identified as point source pollutants. Once a TMDL is established, a city must work to comply with its requirements as it is a legally binding document. Non-compliance can lead to enforcement actions, including fines or mandates to implement additional pollution control measures. Director Hansen stated that there is a cost benefit analysis at play related to Sullivan Lake and water treatment. His concerns are related to the legal requirements related to the TMDL. The legal obligation falls directly on the City. Kevin Reich stated that he feels that there is a major benefit related to environmental concerns. The MWMO does not serve as a regulatory body and Sullivan Lake has a broader impact on the watershed of the entire community not just Columbia Heights . There are nine pipe sheds feeding into this body of water. Many interventions are going to need to occur with or without a TMDL, and the MWMO is trying to be aggressive in moving forward to focus on improving this lake. City Manager Chirpich clarified if surrounding communities must contribute to the costs? Councilmember Buesgens inquired about how long the City would have to complete the TMDL requirements. Ms. Stowe recommended that the City would need to show intent and movement on the projects. The 319 grants do give preference to TMDL’s. She indicated that she will do some additional research on the timeline for the implementation plan, as well as what the impact on surrounding communities would be. Mayor Márquez Simula inquired about what Staff needs from Council related to this topic. Director Hansen clarified that he would like the Council to understand the differences and uses of the lakes within the City. He clarified that Silver Lake is a fishing, recreational and swimming lake, however most of the remaining water bodies within the City are shallow 27 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 7 lakes and they might not have the same benefits to the community. He is not sure if this item fits into the overall budget and plan for the City with so many other issues needing attention. He stated that even after a potential TMDL that Sullivan Lake will still be entropic, it is just a matter of slowing it down. Councilmember Buesgens would like to move forward and explore the status of the lake and take steps to improve it. She has no problem with the legal commitment related to a TMDL and believes that we could take ten to twenty years to achieve progress on this. She wants to make sure that the budget is built with these issues in mind. If the taxpayers see and experience the changes that occur at Sullivan Lake, they will understand why tax money is being spent on the project. Additionally, Councilmember Buesgens wanted to know if this is a Council choice to move this item forward. She mentioned that there is already work being done by the City of Fridley supported by the MWMO related to Sullivan Lake. She would like to see a feasibility study conducted by the MWMO. Mayor Márquez Simula would like to see this investigated further to know how to improve the asset especially related to the Medtronic Site redevelopment. She would like to make sure it is accessible to all residents. She would like to proceed until there is an actual stopping point related to when we would trigger a TMDL. City Manager Chirpich clarified that this is the Council’s decision to make, and staff is trying to give finite information to guide policy. There are many points to be considered, as well as a timeline for redevelopment of the Medtronic Site. The proposed development of the Medtronic site adjacent to Sullivan Lake may provide an opportunity for collaborative efforts that could lead to more effective and efficient stormwater management solutions. Ms. Stowe proposed an initial solution of the MWMO completing an implementation strategy / analysis before proceeding with a TMDL. They would need at least a year and a half for the EPA to approve a TMDL, and this work would likely need to be completed anyways. Mayor Márquez Simula stated that she would like to have council contemplate the information presented, and to have staff circle back on a strategy to move towards a potential feasibility study. Councilmember James stated that she would like to have more information related to the cost benefit concern. She would like to know what the costs are before moving forward. Councilmember Spriggs stated that he is interested in what the long term maintenance costs are before moving forward. The consensus was to move forward with further investigation regarding the costs and time limitations if a TMDL were to be pursued. 28 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 8 7. Winter Parking Ordinance Updates. Public Works Director Hansen gave a brief overview of the sections of City Code that would need to be updated to impact the time period and snowfall totals to achieve the reduction in the snow fall season and the amount of snow fall. Councilmember Buesgens inquired as to why we want to change both the dates and amount of snow fall. Director Hansen elaborated that weather patterns that impacted snow removal over the past five years have dramatically shifted. The snow removal season is beginning later and ending earlier. When we are proactive in snow removal amounts this reduces the level of solvent / salt being used. Mayor Márquez Simula inquired why there are specific dates associated with snow removal. She also inquired about the six-hour overnight parking restrictions that are in place year round. Captain Johnston qualified that from a law enforcement timeframe it is best to have a mechanism of enforcement if there is a need to get these items addressed using the six- hour parking limit. Additionally having the specific dates related to snow removal allows for the Police Department to help communicate and get into the practice of residents removing their cars from the street when it snows. City Manager Chirpich asked Council if Staff could move forward with the amendments specifically related to winter parking. Council consensus was to move forward with the amendments presented in the packet that adjust the dates and times for winter parking enforcement. 8. Council Corner. Updates from council regarding schedules, information sharing and priorities for continued education. Proclamation Planning. Mayor Márquez Simula introduced the item and asked for input from the Council on what proclamations the Council would like to make and also to seek their help in finding members of the community to accept the proclamations. Councilmember Buesgens clarified that she would like to receive an email instead of discussing this at a meeting. Councilmember James stated that she was willing to assist in reaching reach out to organizations related to the proclamation that she requested for September 9th. 29 Item 2. City of Columbia Heights MINUTES September 03, 2024 City Council Work Session Page 9 City Manager Chirpich gave additional follow up that he will send an email to council with the proposed proclamations to assist with Council communication on this matter. Discuss Location of Community Forum on Council Meeting Agenda. Mayor Márquez Simula introduced moving the Community Forum from the end of the meeting to the beginning of the meeting. She would like to do Proclamations and Presentations and then have the Community Forum before proceeding into the Consent Agenda. Councilmember Buesgens stated that she would like to keep the forum at the end of the meeting, Councilmember James does not mind either way but would like to have a time limit still in place for speakers. Councilmember Spriggs also stated that there were pros and cons related to the movement of the forum. Consensus of the Council was to move forward with the adjustment to moving the Community Forum to the beginning of the meeting starting in January 2025. Food for Next Meeting. Council discussed that they enjoyed having dinner / food for the work session meeting and that it was easiest to enjoy something that was more handheld (i.e. egg rolls, sambuusas, pizza or pita and hummus). Metro Council Housing Committee The Councilmember James and Buesgens discussed their recent attendance at a Metro Council Housing Committee meeting. They asked for permission to work with the City Planner on proposed wording related to affordable housing in surrounding metro communities. 9. Old Business. There was no old business to discuss. Meeting adjourned at 10:17 pm Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 30 Item 2. ITEM: Accept January 24, February 28, & March 27, 2024 Park & Recreation Commission Minutes. DEPARTMENT: Recreation BY/DATE: Recreation Secretary / August 26, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X_Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND The January 24, February 28, and March 27, 2024 Park & Recreation Commission minutes were approved b y the Park & Recreation Commission at their regular meetings the following months. RECOMMENDED MOTION(S): MOTION: Move to accept the January 24, February 28, & March 27, 2024 Park & Recreations Commission minutes. ATTACHMENT(S): January 24, February 28, & March 27, 2024 Park & Recreation Commission minutes. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 31 Item 3. Park & Recreation Commission Minutes of the Meeting Senior Center, John P Murzyn Hall 530 Mill St NE February 28, 2024 Call to Order/Roll Call Tom Greenhalgh called the meeting to order at 6:00 pm Members present: Teresa Eisenbise, Tom Greenhalgh, Dayna Gulley, Taher Harzallah, Andrew Macko, Andrea Ostergaard Staff present: David Cullen, Public Works Interim Director; Keith Windschitl, Recreation Director; Deanna Saefke, Recreation Secretary; Amada Marquez Simula, Mayor, Council Representative; Liam Genter, Urban Forestry Specialist Community Forum None at this time. Consent Agenda Eisenbise asked why on the expenditure reports it indicates that 100% of the budget is used. Windschitl reported it looks like the 2024 budget has not been updated on that report. Motion by Macko, second by Harzallah, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests None at this time. Old Business Liam Genter the City of Columbia Heights Urban Forestry Specialist introduced himself. He indicated Kevin Hansen was going to attend the meeting this month and had a family situation. Genter reported he would be the person applying for these grant opportunities involving the parks. The first grant is through the DNR, the Department of Natural Resources, and would be an outdoor recreation grant. This is an annual grant is awarded at $350,000 and is a required fifty-fifty match. Some of the items that could be included with this funding would be to upgrade and repair the walking trail at Sullivan Lake. This is the most used trail in our parks. This grant would include some types of accessories to the trail such as upgrading the lighting and the retaining wall. Staff are in the planning stages of this application and discussions with contractors. This is called the Outdoor Recreation Grant through the DNR. Ostergaard asked if additional benches could be included. Genter replied the pricing for the retaining wall would need to be obtained first in order to see what other items might fit within the costs of the project. He indicated there are other requirements with the application such as the trail, that is the main focus, it would need to be at least ten feet wide and meet ADA requirements. These requirements would all need to be met first prior to adding other elements to the application. Cullen asked if there will be a lot of applications for this grant. Genter replied that it will be highly competitive. It is a statewide program and there is a wide range of activities allowed on the application. Ostergaard asked about the condition of the bridge at Sullivan Lake Park. Genter indicated staff would like to resurface the bridge but the structure itself is in good 32 Item 3. City of Columbia Heights February 28, 2024 Park & Recreation Commission Minutes of the Meeting Page 2 condition. The whole surface doesn’t need new decking, just parts of it, so he doesn’t feel that should even be added into the grant application. Ostergaard replied the bridge is stable unlike the retaining wall. Genter stated the bridge is in excellent condition. Cullen indicated staff have already replaced some of the treated wood underneath the bridge. This usually is done when the lake freezes because the boards are tucked in. Marquez Simula asked if this is still able to be done when the lake doesn’t freeze. Cullen replied yes, the water level is low enough and it just gets mucky, but they can still get to the area. Harzallah asked what the timeline for submission is. Genter replied the application is due at the end of March and notice of awards are towards the end of summer. There is an additional environmental review after that. Completion of the project would be in 2025. Harzallah asked if there is a large amount of funding for this grant where they would be able to award multiple cities. Genter answered this is relatively a small grant, but it depends on where it gets maxed out from the recipients. Gulley asked where staff find available grants. Genter replied he receives a lot of funding opportunities through email lists with organizations like the DNR, Pollution Control, MNDOT, some federal organizations, and others. There are many sources of funding, and it is a matter of reading through all of them carefully because there are so many various qualifications, and the project needs to fit well with each type of grant. Cullen pointed out how fortunate we are to have Genter working for the city because he has an extensive background with the grant process. Most of these grants are very competitive and require very specific information. Genter stated there needs to be a project that fits the grant when there is an opportunity available. Genter presented the second grant opportunity with the National Fitness Campaign. This group works with communities and nonprofits to build outdoor gyms that are freely accessible to everyone. The old fashion types that people might recognize are the wood structures with pullup bars. This campaign would create an outdoor workout space. There are two sizes, one is half the size of a tennis court. It has a large wall on one end and has a blue rubber surface area. It is placed on a concrete pad. There are six different workout stations. It is designed to be fully accessible, and all of the stations can be modified to fit any need. A user can scan a QR code to view a catalogue of workouts. The system is designed for ages 14 and older. One requirement is to have the area 150 feet away from any playground. Another exciting component is this grant works with a sponsor and this year it is Blue Cross Blue Sheild. They will be providing funding for ten communities. The grant is for $50,000 towards the equipment. There is also an option for a public art component on the side of the wall that has a wrap of an artist’s creation. Blue Cross Blue Sheild will be paying for that at a $25,000 value. On the other side of the wall from the fitness equipment is a blue tiled area meant to have group fitness classes. The city could program classes for that area, or it could opportunities for residents to use that space. This equipment is designed to be used 365 days a year. Staff have taken two steps towards exploring this grant. Genter met with someone from the National Fitness Campaign that runs this program and their group from the campaign did some site assessments in the city. They found that we have two sites that score above 90 in their scale which qualifies us for the program. The two sites were Huset Park and Sullivan Lake Park. They used motion maps to hep determine the most movement within the city. Sullivan Lake Park is the most popular walking spot, and the second trail is at Huset Park West. The busiest park year-round is Huset Park and attracts the most visitors total. Eisenbise asked how that data is tracked. Genter replied the group had done hundreds of these things and they probably use location apps or other software for occupancy. There is a cost associated with this grant. Staff will be bringing a proposal to the next city council work session. This is a rolling grant application, so it is beneficial to apply. Other cities receiving this grant are Robbinsdale, Wilmar, Brooklyn Center, and Minneapolis are receiving two of these fitness stations. He indicated the best way to research this is to search for The Fitness Court and watch the YouTube video. Gulley asked if the grant is for $50,000. Genter stated that plus the $25,000 for the artwork. Gulley asked what the total cost is. Genter replied it depends on what size court is received. The smaller court is approximately $165,000 and the larger size $210,000. Gulley asked if the grant was not received would the city still pursue the project. Genter stated that would be something to discuss but the grant makes this an attractive option. Cullen indicated this grant is a multi-year ongoing program. Genter indicated Blue Cross 33 Item 3. City of Columbia Heights February 28, 2024 Park & Recreation Commission Minutes of the Meeting Page 3 Blue Sheild is the sponsor for two years for up to ten total courts. They award $30,000 - $50,000 depending on your score. With our higher scores at Huset or Sullivan Lake Parks we would receive the $50,000. Marquez Simula stated that some cities have grant writers on staff. We are very fortunate to have Genter on staff and doesn’t think we have ever applied for so many grants. She receives many grant notifications from our state elected officials. There are many grants that need to be applied for within six weeks or less. That often hurts smaller cities that do not have dedicated staff for put together the research and applications. She indicated the local officials know about these various funding opportunities and they also want to get them into their communities. Ostergaard knows of some grant opportunities and works in a nonprofit setting, so she understands the quick process. One thing that is essential in the application process is to have a plan in place. If and when the comprehensive park plan is in place it will be much easier to pull those grant applications together. She feels it is more critical to talk about this and pull together the plan so we can utilize more opportunities. If the plan details were accessible then Commission Members could apply for various grants without needing as much time from staff. Park Improvement Discussion Cullen indicated he was waiting on the new administrative staff person, Elizabeth, to help upload the park documents and email them to the Commission. He would like to take the document and look at it one section at a time. The Park Plan Preface and Introduction were handed out to the Commission Members. Cullen invited members to look over the two sections and draft their thoughts. At the next meeting the group can discuss the two sections. It is important to point out why a park plan is needed. It enables us to apply for grants and have structure in place. The group will look at the benefits of the Parks and Recreation Departments, and a park mission statement. Gulley indicated one way to approach the park planning would be to look at the hierarchy of needs within each park and she sees that safety is a top priority in the survey. Cullen indicated a lot of the survey results are valid today. Ostergaard replied the survey was very well done and asked when it was completed. Windschitl replied in 2022. Cullen replied that the bike/pedestrian survey was done within the last five years and the other document referenced is from 1996. Working on the Introduction section will include a classification system which many of the parks are still the same as in this document. An inventory is important to know what we have and work on future improvements. The data analysis component is taking a look at the inventory and rating the amenities; are they passed their prime or is the feature even needed. One of the purposes of a park board or commission is to determine if what the city is offering aligning with the community, has anything changed? The analysis section would be which direction do we want to go and what is the overall plan. Then comes the strategies and how to pay for the process. Ostergaard asked if the 2040 Comprehensive Plan the park section, whatever the Commission does should align with the 2040 Plan, but how up to date is some of the park information. Was the verbiage taken from the 1996 document or was it recreated. Marquez Simula indicated the 2040 Plan began in 2018 and was completed in 2020, so there is some old and some new verbiage. Cullen stated during the upcoming city events there is an opportunity for Commission Members to conduct community outreach and start asking what people are looking for. Gulley replied there are online surveys, but she still feels the clipboard paper survey is a great way to engage in a conversation with people. Cullen replied they are all great ideas. Ostergaard indicated having something available for the community to react to would be more useful than just gathering ideas on a whiteboard. It would be nice to have feedback on something the Commission is presenting versus just open questions. Saefke replied that also happens during the park planning process. For example, when the splash pad was being designed there was a community open house where the public was picking which features they wanted to see at the splash pad area. Windschitl indicated that a process was done at Keyes Park with the neighborhood to see what features they did or did not want within the park. Ostergaard stated this year the two pieces that might become the focus are the introduction piece and needs assessment piece. She stated this project is huge and for 34 Item 3. City of Columbia Heights February 28, 2024 Park & Recreation Commission Minutes of the Meeting Page 4 this group to update the plan in a year is not realistic. Cullen replied this 1996 document was put together by an intern. If the commission digests this slowly and takes it one section at a time it will be less intimidating. Saefke mentioned Windschitl indicated at the last meeting when the parks were initially developed and built there were four quadrants of the city, and the goal was to have a ballfield in each one and have playground in multiple neighborhoods. Now the focus has changed for our small city to think about using the amenities in a spot that will be the most beneficial to as many people as possible. This is a completely different viewpoint than what the discussion has been in the past eighteen years that she has been working here. Ostergaard asked what the next step is. Should the group establish a point person to continue to drive this forward, do staff drive this process. How do we keep things moving forward. At the next meeting we should have a portion of it as a work session. Cullen replied staff are here as a resource for the Commission and the driving does happen from the group as a whole. Defining the mission statement will be helpful. Ostergaard stated the roles have stayed the same but maybe some of the language needs to be updated to be with current times. Saefke replied staff have decided to continue this topic as a line item on the agenda moving forward so that there is dedicated time for discussion no matter if it is a few minutes or longer. The Park Improvement Discussion will be ongoing. Cullen replied he is available any time for Commission Members to reach out to him with questions or discussion in between meetings. Harzallah indicated there is a desire and need to move forward on the plan. He would like to see dedicated time each meeting on the agenda to discuss this so that it never goes away. This would be the first step. The next step would be on their own to identify how they can move forward based on experiences and research. He suggests attending meetings of other park boards or commissions in other cities. Eisenbise replied that anyone can attend other cities meetings that are open to the public. Cullen stated a future meeting could be a joint meeting with the sustainability committee but would suggest having a mission statement first. Gulley replied the YMCA has an excellent mission statement that speaks a lot about inclusivity and might provide some guidance to the group. Harzallah replied there is homework to do for sure. New Business Windschitl indicated the fireworks for the 2024 Jamboree will be on Saturday, June 29, 2024. Attached to the packet are two different proposals from two companies the city has worked with previously. For multiple years the city has used J&M Displays and they have done a great job, they work well with staff, they are reliable, and they have incorporated into the proposal the 8% extra product if paid in advance, as well as a 15% extra product for their loyalty program. The other company, RES, offered a very good proposal as well. They do a lot of indoor fireworks shows. Staff have been happy with the current company from previous years. The two proposals are similar but slightly hard to decipher between the sizes and styles of the fireworks unless you are familiar with the products. Windschitl stated the rainout, backup date for the show would be Sunday, June 30. Gulley asked if there were issues last year with the drought. Windschitl replied no there was not, and the fire department assured him they would handle the situation. He has received many compliments over the years on the fireworks from this company. This would be the opportunity to change companies if someone was not happy with the current show. As far as staff working with this company it has been a very good relationship with J&M Displays. Harzallah asked if drums are used to shoot off the fireworks. Windschitl replied no it is all computerized. Ostergaard asked why the Commission is getting an opinion on this and not other things. Is it a decision that is made historically on this. Windschitl replied that for many years he had brought this to the Commission. The cost for the fireworks show is in his budget and he budgets $8,000 for the show. Ostergaard asked if the question is whether or not this keeps happening or if it is to approve this budget item. Windschitl indicated the budget is already set and we are trying to select the preferred company. He likes to get input from the Commission and what they hear from residents. Eisenbise stated she prefers to use local companies but is 35 Item 3. City of Columbia Heights February 28, 2024 Park & Recreation Commission Minutes of the Meeting Page 5 happy to stay with the same company due to positive experience. Windschitl replied J&M Displays has multiple locations throughout the country and the one in Minnesota is in the St. Cloud area. They have changed headquarter locations over the years as they have grown. Harzallah asked if there are any issues with the environmental impact. Windschitl replied not really. Public Works does a great job cleaning up the park after the event and getting any debris left in the field. Cullen replied there is a Toro lawn sweeper that they take across the field in one day. Macko indicated J&M Displays has done a fantastic job and doesn’t see a reason to change a good thing. Motion by Macko, second by Gulley, to approve the fireworks proposal from J&M Displays. Upon vote: All ayes. Motion Carried. Reports A. Recreation Director Windschitl wanted to thank Greenhalgh for over 22 years on the Commission. That is a great dedication to the city and to the Park and Recreation Departments and Commission. We appreciate everything he has done for us and will miss him. Greenhalgh said thank you. Windschitl reported the air conditioner was repaired this week. Freon was added and seems to be working correctly. The City awarded the HVAC maintenance contract to a new company which is a good thing. The representative who works with our facility has done a lot of work for us in the past with other companies. Windschitl reminded the Commission that the previous after school grant in partnership with the school district was denied. In recent weeks they were informed of a new grant opportunity within that program. It had a very quick turnaround and staff worked with the school district to submit an application last week for this new grant at just under $500,000. The city would receive around $100,000 with recreation receiving $85,000 and the library receiving $15,000. This would be applied towards a lot of our programs that are offered at little to no costs to the participants. A lot of the enrichment programs and summer programming would be funded out of this grant. Windschitl mentioned the Recreation Department is hosting an open house on Friday, May 17th from 5:30- 7:30pm outside in Huset Park. There will be activities, games, and inflatables. This event is free. If any Commission Members want to be involved they can let staff know. B. Public Works Director Cullen reported a contractor has been pruning trees around Sullivan Lake Park. Without snow staff have had the opportunity to go through all the parks and cut branches and limbs. If people are seeing branches lying around that is because there is only one chipper so it will take time for staff to go back through and process all of the cuttings, buckthorn control and things like that. Gulley replied this is so nice to get these things done ahead of schedule. Cullen replied yes and it has also given the streets department the opportunity to get ahead of pothole season too. C. Commission Members Eisenbise asked about the expense for a vehicle air pack unit. Cullen replied that is $24,000 to replace an old mobile welding unit on a truck. It is used when there is equipment breakdown in the field. This air pack unit is three separate pieces of equipment in one. With the transition to EV vehicles this piece of equipment will allow staff to jumpstart or charge the vehicle mobily. There is also an air compressor and mobile welder on the unit. Eisenbise asked how many E-vehicles are in the city. Cullen replied there are a few in various departments; 36 Item 3. City of Columbia Heights February 28, 2024 Park & Recreation Commission Minutes of the Meeting Page 6 engineering, the city manager, the police captain, and there are some hybrid vehicles in the police department. He sees the city having more of them in the future. Harzallah asked if the recreation department has one. Windschitl replied no. There has been a van on order for a few years and now there is a recall on the rear backup camera so they will not release the vehicle. The representative told him there have been a lot of issues with equipment built during the covid timeframe. He hopes to have the van before summer. Ostergaard asked if there is any update on the Public Works building. Cullen replied no update. Staff are waiting to hear back on the grant application. Eisenbise asked about the timing of the babysitting class because it is overlapping with another recreation outing. Windschitl replied this class was being offered in partnership with the school district. The ski trip is a rescheduled trip due to poor weather conditions on the originally scheduled date. This was the only other date with the kids off school that would work to ski again. Otherwise, we typically do not overlap programs. Eisenbise asked if a safety camp would be offered this year. Windschitl replied there has been one in the past with multiple departments taking part in the day camp. The participation numbers were decreasing each year, so it has been a few years since the last one. Staff can certainly look into offering one again. Eisenbise added an internet safety component would be appreciated. Marquez Simula invited people to attend the CoHi Con on Saturday, March 2nd. There are vendors, artists, food trucks, video games, board games, and a craft room. This is held at Murzyn Hall from 10am – 12am. It is a family friendly event, at 6pm is a cosplay costume contest, then at 7pm it is a 21+ event with a Lions Club bar and karaoke. There will be 43 vendor tables in the main hall. Kids under 6 are free, ages 6-12 are $10, adults are $20 in advance or $25 at the door. Last year there were around 350 people. It is a very cross generational event with a chill crowd. Greenhalgh adjourned the meeting at 7:08 pm. Deanna Saefke, Recreation Secretary 37 Item 3. Park & Recreation Commission Minutes of the Meeting Senior Center, John P Murzyn Hall 530 Mill St NE March 27, 2024 Call to Order/Roll Call Andrew Macko called the meeting to order at 6:02 pm Members present: Teresa Eisenbise, Taher Harzallah, Andrew Macko, Andrea Ostergaard, Nicole Peterson Staff present: David Cullen, Public Works Interim Director; Keith Windschitl, Recreation Director; Deanna Saefke, Recreation Secretary Community Forum Columbia Heights High School Soccer Coach Hector Leon spoke about the need for soccer fields in the city. Leon is a coach for the traveling soccer program, Strikers, a nonprofit club soccer program. This costs $40 per month per student. Leon indicated that the school district has been very good about letting this program meet in their facility because Leon is an employee of the district. He stated there is a lack of full size soccer fields outside in the city. For the past four years the President of the Strikers program has been servicing grades Kindergarten through 5th. The Middle School coach has forty 8th graders playing, and a few 6th graders but not many 7th graders. Leon is trying to bring traveling soccer for the High School ages into Columbia Heights. The city has rented the fields to the Strikers program in the past. They are hoping to partner with the city moving forward to make it more of a category 1 sponsored program. That would hopefully provide more space availability that the city has. The group has been practicing in Blaine from November to April, and then from April to July the space is limited and that is what the club is looking to try to foster. For boys soccer they had tryouts last weekend with about 50 kids for the U16 team and the 18/19 team. Harzallah asked if the biggest obstacle is lack of space to play. Leon replied yes a lack of a concrete, designated space. If the schools sets up goals that field will be used by anybody and everybody all day, every day. There isn’t even a conversation currently about having a designated or rentable space. Eisenbise asked if they want outdoor or indoor. Leon replied both. They have been using the gym at Columbia Academy but the big goal is to keep this affordable for students. At $40 per month this covers the coaches and insurance. Actually the program has been paying to rent the gym and will hopefully switch to be able to pay the coaches by moving into a category 1. They could use the city side of the gym for free. Other than the High School there isn’t a full-size soccer field. Macko iterated the Strikers are looking for an outdoor soccer field that is going to be designated for their group and would be a soccer field at all times. Leon replied yes and no and they do not mind sharing. He doesn’t want to kick out other sports. He would like to see a space for soccer to have room to prosper. Peterson stated she feels there is enough demand to have a designated soccer space if it can work. Ostergaard asked if the field space behind Valley View and Columbia Academy is used year-round. Leon replied it is used during the warmer months and rented through the school district. A rugby team also uses the field. Ostergaard mentioned the principal at Vallely View was talking about having the traveling soccer program for the younger kids using that field. The principal stated the field is hardly used. She doesn’t understand the disconnect if the field is underutilized by the school and the principal is talking to her as a Commissioner to get the field better utilized. Leon indicated that he has discussed this with various school district staff and it seems 38 Item 3. City of Columbia Heights March 27, 2024 Park & Recreation Commission Minutes of the Meeting Page 2 like no one knows who is in charge of the field or the soccer goals. Cullen asked how this group can help. Leon replied the biggest thing is the category 1 conversation much like the Freights softball program that is sanctioned by the city or the school and would be able to use the field for free. The next item would be a conversation between what the school needs are and what the city needs are for space and programming. Windschitl asked with the fifty kids trying out this past weekend, how many make the team. Leon replied they can roster 20 kids at a tournament, and they can keep a total of 40 kids with the reserves. The remaining 10 kids could stay in the program with a reduced cost or they try to get kids into a free program in Minneapolis called Futsol Society. If there were more coaches he could easily see another team at 14, 15, 16, and 18. They advertised for a week and got 50 kids for the tryouts. Leon stated the Strikers Club has also worked with the CH Athletic Boosters to fundraise for kids that cannot pay the $40 each month on their own. Windschitl clarified the Strikers Club plays the leagues in the Minnesota Youth Soccer Association MYSA. Leon replied yes. Windschitl replied that is an expensive scenario all around for league play and insurance per player. He asked what Leon sees as the cities role in this whole process. Leon replied evaluating and implementing where the city wants to have its priorities. He indicated space, if there is a high demand for soccer, what does the city want to commit to that. To have a field for anyone in the community would be the first step. Harzallah indicated that if they want to host tournaments for that many people you would need at least two fields. Windschitl indicated both would need to be full size regulation fields. Leon replied hosting a tournament is way out in the future. If there is one field the Strikers can rent for practice two days a week, that is great and then it can be open to the community or other groups can rent it on other days. He sees the Strikers programing filling the role of the older players. The city recreation covers K-5th grades and that is great. There is a hole in opportunities for the older students. If becoming a category one program that would make it easier for students to pay when there is free gym space for practices. Windschitl replied that is how the Hylander Center is run, it is open when the school custodians are on duty. Boys basketball just ended their season and now programming for girls softball, women’s basketball, volleyball, and futsal will be happening at the Hylander Center. Ostergaard asked when the city side is closed and the school side is open are their different staff. Windschitl replied that could happen, not often, where something is scheduled in the school side but the timing is off from the rec programs. This also could happen in the reverse way too. There used to be a lot of open gym times on Saturdays and the school side would be empty so we would ask to use their gym at times to accommodate more groups. The city and the school district have had a great relationship with facilities, in that we both share. Windschitl indicated the school requires a facility supervisor when programs are in the gym so we staff people to monitor the facility while the door is unlocked. A custodian is the ultimate requirement to be allowed into the facility. Harzallah asked when the outdoor season is for the Strikers. Leon replied the league is from April through June and in July is the USA Cup. There are other tournament options available. Harzallah asked if the rec soccer fields are setup for the summer. Windschitl replied yes, they are setup in the late summer. Macko asked how big the field is. Leon stated it is slightly bigger than a football field. Windschitl replied the soccer field at Huset East is really setup for the fall program and used by Immaculate Conception Schools as the rec program has not had a group that plays on a full size field in recent years. That field used to be for football and soccer during the same timeframe. The problem with that field being setup in the summer time is that three other athletic fields come into contact with that area. The baseball field and two coach pitch fields will play into that larger field area. Harzallah asked how many total baseball/softball fields are in the city in all of the parks. Windschitl replied it depends on what size field you are talking about. T-Ball fields for example are at McKenna, Keyes, Huset Park has two. Frequently all of those are used during the season. As far as the girls softball fields there is one at Huset 3, Ramsdell, and Keyes Park. The two adult fields are Prestemon Park and Huset 5. Ostergaard asked what making the fields ready for Immaculate Conception means. Windschitl replied this was setup long before he started working here. Ostergaard asked if they have leagues. Windschitl replied yes they have soccer teams and do not have any fields. Ostergaard asked if they pay for the service. Windschitl indicated there is no monetary 39 Item 3. City of Columbia Heights March 27, 2024 Park & Recreation Commission Minutes of the Meeting Page 3 compensation. Ostergaard stated the field is otherwise unused and is in between the softball fields. Windschitl stated it uses up three ballfield outfields. As Leon mentioned wherever this full size field is put it will be utilized a lot and not just by Columbia Heights people. There are leagues using Huset Park on the weekends that have never reserved the field with the City. Even the Strikers program tried to get our rec soccer program to move from the field last year. We obviously don’t have enough soccer fields. He doesn’t know where we would put more fields. Gauvitte Park has parking issues. It does have enough open space, especially if the hockey rink is removed. Cullen indicated he was asked about removing the hockey rink a year or two ago and looked into it. The open space is close to the desired size. The reink could be removed. Gauvitte Park does have future plans being the lowest park in the city, to turn that park into a storm water treatment area. There is no timeline on that right now. Leon replied a full size soccer field could fit in that space. Yes parking is a concern but players will park where needed to get to a field. Peterson indicated the filed is unusable at time with heavy rain. Windschitl replied all of our fields have drains in the middle of them and none of our parks have irrigation. When a field space was offered to the Fridley Heights Soccer Program they realized the conditions of the field were not great or supplied consistent play. Cullen indicated with no irrigation staff try to move the goals around in the field so that people are not running over the same section constantly. At Gauvitte that would be hard to do. Leon indicated this is a good problem to have in there is a high demand for soccer fields. Cullen indicated that part of what this Commission is doing is to work on the park development plans; what are the current and future needs in the city and what does that look like. We can do what we can for now, but Leon would be a good person to stay in contact with for the future when we are talking about redeveloping our parks. We are actively working towards a master plan now. Leon offered his help as a resident and coach for the future plans. Ostergaard indicated the Commission should plan to address this need sooner rather than later. There is something with the Hylander Center that can be done since there are other programs like softball with a lot of investment into it using the gym. There is a demand for soccer and has a lesser need for equipment but just needs space. There should be a similar level of attention to soccer as other sports. At a baseline she feels we should evaluate the needs and what is really available to offer to the program. This group has a desire to use space, is doing good things for the youth in our community and is heavily engaged. Ostergaard indicated she will investigate the field use at Valley View. Windschitl replied one immediate solution might be to use the practice field behind Highland Elementary. It is not a fenced field so there will be other groups using that space if there are goals out. Due to the lack of irrigation he doesn’t feel that field will be able to sustain the amount of use that it will have and maybe that is a reason the school doesn’t put goals there. Ostergaard replied it feels weird to say we don’t want our youth to have organized activities because we don’t want the grass to be ruined. Windschitl replied it will not just be used for youth either. Peterson replied playing on dirt isn’t a problem and it would show that there is a need to go out for funding to provide more usable field space. Harzallah replied it is clear there should be a temporary fix while future plans are being developed. He asked what can be put into practice in the short term that can mitigate this problem so we can give people access to fields. Cullen replied staff can definitely look into that. Peterson asked if there is anything that can be done to mitigate parking issues. Cullen replied there is a small lot at Gauvitte with eighteen spots, and a public road is a public road. Windschitl replied a field could be put in on the east end of Huset Park East. It could be offset so it is not overlapping the same area as the youth. Peterson replied if the Strikers program could only get one field a full size would be the desire, but if all the city can manage to provide is a youth field someone will be very happy to use that now. Leon replied yes a full size would be ideal but even a half size for adult and older youth league play. This size would be used by kids and a half field game for adults. Turf conditions will always be a concern for coaches and will be tough to control until a schedule is established for all users. Macko recapped we are looking at where in the city will be the best place to have the ability to get a soccer field up and running. To have it open to the public. Also, look into other field areas such as behind Highland or Valley View Elementary. Then to get the Strikers Club into a Category 1 program. Leon indicated that will be a further discussion with Windschitl and Jake at the school district. Harzallah replied this is not the first discussion about soccer but gives direction. 40 Item 3. City of Columbia Heights March 27, 2024 Park & Recreation Commission Minutes of the Meeting Page 4 Consent Agenda Eisenbise asked about the park finances, the graffiti be gone purchase; is there a lot of graffiti on government buildings. Cullen replied it comes in spurts. It can be on sidewalks, the street, buildings or even playground equipment. Eisenbise asked what the local travel expense is for. Cullen replied it is dedicated when city employees are sent anywhere outside of Columbia Heights for trainings this funding is for meal expenses or even overnight stay. Eisenbise asked how the out of town line item is different than local travel expenses. Windschitl replied it could easily be put in the wrong category and some of the line items are reflected more in overall budgets and many individual line items have been combined. It is also the perception of the person entering the bill. In the end it is the overall department budget. Saefke indicated many of the individual budget categories have been combined but yet there are still separate line items. Just because it is taken out of one line item doesn’t mean it isn’t take out of the same overall budget category. Cullen indicated he is trying to work with the finance department to clarify all of the budget categories. It is a work in progress. Windschitl replied staff work more with each department budget than the individual lines items. Eisenbise asked if the directors of the departments create the budgets and the city council approves them. Windschitl replied yes. Staff start next month to create the budget for next year. It first gets presented to the city manager and then city council for final approval. Ostergaard indicated it would be nice for the commission to review the proposed budget before it is approved. Windschitl replied that could be done. On the recreation budget it has not changed a whole lot from year to year. The only items that change are what is told to staff by the finance or IT departments when there are equipment needs or staff salaries to increase. Ostergaard indicated it might be useful for the Commission to make sure things like money for increased programing or staffing are included in future budgets. There might be places where the members can help to apply pressure to get more money in the budget or be able to have a voice to show the city council what the needs are of the community. Motion by Eisenbise, second by Ostergaard, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests None at this time. Old Business Park Improvement Discussion. Cullen indicated Hansen will be presenting a power point of old plans and new plans for park development. He reported the grant was approved for the multiuse sport court. More than likely it will be at Sullivan Park. Commission members were excited and congratulated staff. Cullen indicated there are a series of steps to figure out. This is the larger sport court where outdoor class sessions can be held, the other side is the workout stations, and there will be the public mural component. Windschitl asked if the court side will be open and how large is it. Cullen replied it is an open area. Staff are waiting to hear back on some DNR grant funding for the removal of the tennis courts or in-kind matches. Windschitl reported he received a concerned call from a citizen today regarding the group that uses the tennis court for volleyball. Cullen indicated the tennis courts will be removed, the question right now is who will be removing it. The sport court will not go in until 2025. The area will also have potential changes with the sale of the old Medtronic site. Cullen referred to the draft version of the Park Development Plan. He informed the commission that staff will write the plan and then the commission will go over it for comments, reviews and recommendations. This is time set aside during the regular meeting to go over this plan together. He is using the framework of the 1996 plan and updating it with notes and comments. Eisenbise commented that it would be nice to have a separate 41 Item 3. City of Columbia Heights March 27, 2024 Park & Recreation Commission Minutes of the Meeting Page 5 working session devoted to this plan. Ostergaard replied it is very confusing on how anyone is supposed to get work accomplished if you can never meet separately. She contacted the League of MN Cities and was told we could establish a one time task force for the purpose of updating the Park Development Plan. Cullen replied we will talk with the City Clerk and see what we are allowed to do. He attached his changes to the preface and introduction for the review of the commission. Members replied they are good comments. Cullen indicated other good examples of park improvement plans can be seen at the city of Burnsville, Minneapolis, and Fridley. Peterson stated it is good to see this document getting reviewed and refreshed because it is a different time than in 1996. She feels under sustainability there needs to be environmental sustainability to an extent. This was not thought about in the same way in 1996 as it is today. This may be reduction of water use or just tying in the mention that it will be a consideration as improvements are made. Macko restated that staff will look into the open meeting laws and report back to the commission on how they can plan additional time to work on the Park Redevelopment Plan outside of the regular monthly meetings. Cullen replied this Park Improvement Plan gives direction for what the Master Plan looks like. In his experience it is best to keep the topics more broad. One interesting point is defining the role of the commission members because they are the voice of the public and making sure the parks system is reflecting what is needed now. He would like to keep working on the review for the next meeting. Cullen reported on Thursday April 11th from 5-7pm there will be a City Services Expo at City Hall and would like to see commission members there to provide some community engagement. Ostergaard suggested having a dotmocracy survey to get interaction with the public. Windschitl replied that was done to determine the features that the public wanted to see at the splash pad. Ostergaard asked if multiple members are at the Expo does something need to be posted about that in terms of open meeting laws. Saefke replied City Clerk Ion does that for any city event where there could be a quorum and indicates this is not a meeting, there will be no official business or voting on any items. Ostergaard asked if other commissions will be there. Windschitl replied every city department will be represented and not sure about what other commissions or boards will be there. Ostergaard indicated it might be useful in this process to know about the partnerships that have been established with the city and other community entities. Like having Immaculate Conception Schools use our fields, or understanding the relationship with the Lions Club. Is there a give and take between the groups or how do the relationships work. Should we deepen a relationship or even cut ties with some. Saefke replied in regards to the use of John P Murzyn Hall there is a give and take with meetings and donations between some groups. There are also civic groups like Girl Scouts or Toastmasters that meet here. Windschitl replied yes there are various civic groups like scouts or blood mobile that involve residents and benefit the community. This has been a question in the past if the city council wants this building to make money or remain open to community civic groups. At the time they were in agreement to keep it open to civic groups. Ostergaard replied it is useful to just know who some of those groups are. New Business None at this time. Reports A. Recreation Director Windschitl indicated that he likes to give an overview from time to time for newer members on what activities and programs happen in the Recreation Department. The new Senior Coordinator has done a fantastic job with the Active Agers program and they have been doing a lot of different programs and trips with the city van. She takes them to lunches and various tours. Participants have been very happy. The Bunny Disco Easter event was very successful and was held inside Murzyn Hall. The boys basketball league had a great year. This is one of the 42 Item 3. City of Columbia Heights March 27, 2024 Park & Recreation Commission Minutes of the Meeting Page 6 first years that we haven’t had behavior issues with either coaches or parents. All the teams did great this season and one team even finished first place. Windschitl revisited the programs that use the Hylander Center. The recreation program does offer recreational soccer programs and they do use the gym for family soccer, and futsol. Typically the rec programs have been geared towards skill building and fundamentals. Even the girls softball program can be in competitive leagues but we never turn any students away from being in our programs. The HVAC air conditioner was repaired and has already run with no problems. The new company, Northand Refrigeration, has a technician who has previously worked on our facility with a different company. That tech has already fixed a number of things in the building that have not been working correctly for years. Windschitl hopes to work with him more to fine tune things to work more efficiently in this building. Windschitl thanked Nicole Peterson for her service on the Commission as this was her last meeting. He stated we appreciated her commitment and look forward to working with her again on future projects. B. Public Works Director Cullen reported staff responded to the recent weather conditions with plowing and snow removal. For staffing there are two parks positions and one streets position open for fulltime positions. The seasonal positions are also posted on the city website and League of MN Cities. They are also looking for another full-time mechanic. C. Commission Members Eisenbise invited everyone to the Valleyview Elementary Carnival event. The Recreation Department will have a table at the event. Saefke indicated we try to represent the department at all of those school events. Ostergaard indicated it is Friday April 19th from 5-7pm and is very well attended. Macko adjourned the meeting at 7:46 pm. Deanna Saefke, Recreation Secretary 43 Item 3. Park & Recreation Commission Minutes of the Meeting Keyes Room, John P Murzyn Hall 530 Mill St NE January 24, 2024 Call to Order/Roll Call Tom Greenhalgh called the meeting to order at 6:02 pm Members present: Teresa Eisenbise, Tom Greenhalgh, Taher Harzallah, Andrew Macko, Andrea Ostergaard, Nicole Peterson Staff present: David Cullen, Public Works Interim Director; Keith Windschitl, Recreation Director; Deanna Saefke, Recreation Secretary; Amada Marquez Simula, Mayor, Council Representative Community Forum None at this time. Consent Agenda Motion by Macko, second by Eisenbise, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests None at this time. Old Business Windschitl indicated he and Cullen will discuss the park usage and how the rental process works. He reported that the park rentals are currently rented one time per park in a weekend. This, however, leaves a disadvantage to a person with a Sunday park rental because they might show up at a messy park. Public Works staff are not able to go to each park that is rented on the weekend. Staff have received complaints due to the lack of cleanliness. Windschitl stated they will also talk about the volleyball groups at McKenna and Sullivan Parks, and the warming houses for the skating rinks. He indicated there are currently six paid park reservations for the 2024 season. Staff are proposing to no longer rent the park shelters and to have them as a first come, first served policy. Cullen handed out a memo to the Commission regarding the background and issues of park usage. He reported that with the existing fee structure for the park shelter rentals it is not sufficient to cover operational costs, including maintenance, staffing, and preparation of the shelters. This inadequacy affects the level of service we can provide for paid reservations. Within the Public Works Department, staff is currently unable to maintain the 7-day operational schedule necessary to manage weekend shelter rentals. This limitation results in increased costs due to overtime payments, as we do not have the staffing or funding to support regular operations. Regarding service expectations, both the Recreation and Public Works departments have faced challenges in consistently maintaining park shelters in a state ready for renters. This issue has led to customer complaints and the need for refunds, placing our staff in a difficult position. Paying customers have expectations when they arrive at a park and if it isn’t clean, we feel that we are not providing the service that they paid for. With many of our park shelters having open-air structures with 24-hour access that makes it impossible to secure the area 44 Item 3. City of Columbia Heights January 24, 2024 Park & Recreation Commission Minutes of the Meeting Page 2 prior to a reserved event. Other cities have lockable sides to their shelters, which could be a feature we look at in future renovations. Cullen indicated given these concerns, it is advisable for the city to reevaluate the park shelter reservation program. Continuing under the current conditions strains our resources and fails to meet community expectations for quality, security, and service. Staff recommend either discontinuing the Park Shelter Rental program entirely or limiting it to shelters with controlled access, such as Huset East and McKenna Parks. For future park planning within the parks master plan, staff suggest consideration of shelter designs that enable secure access should the city opt to continue facilitating shelter rentals. At this time, it is recommended to discontinue renting the open-air shelters and to only rent the park buildings at Huset East, Ramsdell, McKenna, and Keyes Parks. Cullen indicated the warming houses are no different in that with the current budget there is no way to staff the buildings. Unfortunately, our park buildings are often vandalized or broken into. One other concern is that the park buildings do not have full insulation and only minimal heating to keep the pipes from freezing. Some of the park buildings are closed for the winter season and doors or windows get boarded up. Ostergaard added one idea would be to partner with volunteers to be inside the warming houses on a weekend so the facilities could be available to the public without hiring staff. Windschitl replied, the Recreation Department is offering open skate time at Huset East. The building will be open on Sundays from 10:30am to 12:30pm from January 7 through February 18 if there is ice. There are other skating lessons being offered where staff will be at the park and the building will be open. He stated twenty some years ago the city made the decision to close the warming houses because it wasn’t justified to have staff inside the building with such low attendance in skating. He indicated setting up volunteers would be something that could be pursued next year. Cullen added there is a bench at the McKenna rink to help people get their skates on. Macko asked how frequently Ostrander Park is used. Cullen replied it is difficult to obtain those numbers. He indicated that park is very difficult to flood due to the ground conditions. The hockey rink area is always shifting, and the skating rink will often have bubbles come up through the ice. Due to the poor conditions each year the skating classes have moved to Huset East Park. Eisenbise replied she used to skate at Ostrander but often times the conditions were so poor for skating that they would go elsewhere. Last year and this year they skate at Huset East Park. Marquez Simula indicated that combining our resources and consolidating amenities makes a lot of sense. As the park system is reviewed and improvements are made it would be good to think about what are some of the amenities used in a specific park and keep that specific feature at one or two parks instead of many parks. That would open other areas to install desired features. By moving amenities to specific areas, it can also alleviate bad behaviors at one location that will not be an issue at another area. Windschitl stated years ago when the parks were developed, the goal was to have an amenity like a playground or ballfield in each quadrant of the city. It makes sense to utilize good spaces for specific activities. Huset Park and McKenna Park are viable options for larger activities. It is important to remember that many of our parks are neighborhood parks and we should be cognizant of the people living near the parks when planning. He stated the ice-skating rink was removed from Ostrander Park this year. Ostergaard asked how many park rentals have been done this year so far. Windschitl replied there are only six paid park reservations far. The open sided park shelters being discussed are at Huset West, Sullivan, Silver Lake Beach, LaBelle, and Ramsdell Parks. Ostergaard indicated these spaces are still useable and just will not be rented out for a specific time frame. Cullen replied yes. The beach, pools, splash pad, and playgrounds have always been open for public use. We are not taking away the use of the open sided shelters, we are just not giving priority to one user. Windschitl reported when he goes to Silver Lake Beach on Fridays to post the rental 45 Item 3. City of Columbia Heights January 24, 2024 Park & Recreation Commission Minutes of the Meeting Page 3 for the weekend there are almost always people at the beach and shelter. He knows that Public Works was there to empty garbage and with the amount of people using the park it is likely the garbage is full by the time the renter arrives on Saturday but for sure on Sunday. It is the same situation with the shelter by the splash pad at Huset West. There has been so much garbage at that park that staff need to empty park garbage into the dumpster behind Murzyn Hall because they run out of room at the Public Works garage. Sullivan Park doesn’t seem to be as highly used because it is set back further and has limited parking. He reported the revenue in 2023 for the park rentals was approximately $9,000. Cullen reported the labor costs were closer to $22,000 for park maintenance/cleanup. Windschitl restated the park reservation fees for 2024 are $75 for a resident, $125 if a resident has more than 100 people, and $175 for a nonresident. Marquez Simula asked if the public works staff work Monday through Friday all at the same time and not in staggered shifts during the summer. Cullen replied all staff work 7am-3pm Monday through Friday. A lot of their work is done in groups so it wouldn’t work to stagger shifts. Eisenbise asked if other cities have weekend staff to cover park rentals. Cullen replied yes. Larger cities will have staff on the weekends and some of them have more than one rental per day. There are other newer facilities with automated entries or key cards. One staff recommendation is for future park construction to have shelter amenities placed further away from public use items like playgrounds. Harzallah stated that he feels it is illogical not to have parks staffed on the weekends because they are so highly used by many groups. Cullen replied many years ago the department would have twenty seasonal staff plus more fulltime workers than there are now. When there were that many seasonal workers, they would stagger staffing times. With the hourly wage increase for the seasonal position he hopes to get more applications. Seasonal workers are used for mowing, picking up trash across the whole city, and other Monday through Friday operations that increase during the warmer months. Marquez Simula asked if we are able to get more seasonals would they be able to work on the weekends. Cullen replied having part-time labor with no fulltime supervisor during the weekend is a concern. Greenhalgh indicated his job has two days off during the week and sees how most people prefer a Monday through Friday employment. Harzallah replied that he understands the practical management of staffing. He would like to see weekend staff go to multiple parks. Cullen replied the city is required to check the wading pools every day they are operating. He feels this is a job that should be done by a fulltime staff person. The person that does this on the weekends will also check the garbage at McKenna and Ramsdell Parks. Cullen explained there is a huge difference in quality and time with this process. It is fine if there is minimal garbage at the park and the one staff can just empty the trash or pick up a few items. If there is a huge mess and the outdoor area would need to be pressure washed that takes a lot more time and if you are going to multiple parks in that condition you may need to refill the water. You can see how the time adds up at each park. Depending on how many parks are rented you might not be able to attend to all parks prior to a paid rental. Harzallah stated if there are not any rentals the parks still get used and there is still trash, it is still viable to staff parks on the weekends. Marquez Simula asked if more trash cans can be installed at the parks. Ostergaard asked if more trash pickups can be scheduled with the trash company. Cullen replied he has been changing out the old receptacle containers with a style that can be emptied by the minitruck. They also need to make sure the cans are secure to the ground. At some locations a concrete slab is poured for that purpose. He stated the use of the parks has continued to increase over the past few years. Windschitl reported in 2022 there were 180 paid park rentals which does not include the people just using the facilities every day. Cullen indicated it is bad public relations to charge for the use of a park shelter and then a renter shows up with certain expectations that are not met. Peterson replied it makes sense to discontinue open sided shelter rentals. Windschitl stated the park buildings require a key and other than being used by our Recreation park programs we know they are secure. It can be guaranteed that the building will be clean for a weekend rental. Ostergaard indicated this is a good transition to offer a half and half situation. The buildings can still be rented, and the open sided shelters will be open to the public. Greenhalgh replied it will be a good trial for one year and can be revisited next year. 46 Item 3. City of Columbia Heights January 24, 2024 Park & Recreation Commission Minutes of the Meeting Page 4 Motion by Ostergaard, second by Peterson, to discontinue rentals for open air structures and maintain rentals for the enclosed secure park structures for 2024 and revisit the procedures for the next year. The current paid park rentals will be refunded for any open sided shelter reservation. Upon vote: All ayes. Motion Carried. New Business Cullen presented a memo for a DNR Grant Application at Sullivan Lake Park. Staff are asking for support from the Commission to continue researching grant opportunities specifically for Sullivan Lake Park. The DNR’s Outdoor Recreation Program has a grant option that staff would like to pursue. This funding would be used for reconstruction of the trail that loops Sullivan Lake, along with court replacement of the tennis courts which are no longer usable. This is a 50/50 match type of grant. Cullen indicated another grant opportunity is with a national fitness campaign through Blue Cross Blue Sheild. Eisenbise asked if Commission Members can do anything to help the grant process. Cullen replied he is working with the City’s Urban Forestry Specialist Genter, Interim City Manager Hansen, and other staff from Community Development on the applications. Marques Simula indicated letters of support from the commission might be good to submit with the application. Eisenbise asked when the applications are due. Cullen replied that the DNR will review the applications in February and give feedback. The Blue Cross Blue Shield grant is a first come first served timeline. Motion by Eisenbise, second by Peterson, to approve the grant research and application process by staff. Upon vote: All ayes. Motion Carried. Marquez Simula reported on the current situation at Silverwood Park and their recent concerns with users of the programs offered and funding with the Three Rivers Park District. The park is located in Hennepin County, but the park has users from the surrounding communities of Ramsey and Anoka Counties. She encouraged the Commission Members to fill out the survey from Silverwood Park on how they use the park. There may be ways to consider partnering with the park in the future to continue current programming. She partnered with the Mayor of St. Anthony to write a letter of support for keeping Silverwood Park and the programs running. Eisenbise replied there is a lot of information available on the funding for the facility and programs. They are discussing the possibility of opening their registrations to Hennepin County residents first and then to other county residents, and that will really affect people in Columbia Heights that utilize their facility. Marquez Simula indicated the programming fees pay for staffing costs so there are self-funding programs. She wanted to bring awareness to the members. Eisenbise thanked Marquez Simula for writing a letter with the Mayor of St. Anthony. Harzallah stated that we need to collaborate with surrounding communities to offer as much as we can without duplicating too many of the same amenities. It would also allow opportunities to build larger amenities that can be used by the surrounding community members. Reports A. Recreation Director Windschitl reported the air conditioner unit at Murzyn Hall on the west end of the building has continued to have problems. The unit is approximately twenty years old. The concern right now is the wait time on getting the parts to repair the problem, so the decision needs to be made now to either repair the unit or replace it. Bids were taken from two companies to repair the unit and they ranged from $11,500 to $22,600. Windschitl reported a second grant opportunity has opened for the after-school funding in partnership with the Columbia Heights School District. Recreation staff will work with Library staff and the school district to submit 47 Item 3. City of Columbia Heights January 24, 2024 Park & Recreation Commission Minutes of the Meeting Page 5 the application. This grant will be for a lesser amount so we will need to cut back on some of the programs previously offered. The application is due by the end of February. Windschitl reminded the Commission of the upcoming SnowBLAST event on February 3rd from 4-7pm. If the members are interested in volunteering at a table to discuss the city parks they can contact Saefke or Rottler. The Sustainability Commission is planning to attend and many City Council Members. This event has been very popular in years past. Even with no snow there are still many activities that will be offered. B. Public Works Director Cullen reported the Public Works staff have been working hard to maintain the ice for skating. Recently the department took possession of a new pothole patching truck that was ordered three years ago. They also received an F550 truck. Applications are open for a fulltime mechanic and interviews will be happening soon. There is a Super Intendent position open, two in the parks department and one position in utilities. Windschitl reported the van that was ordered for the Recreation Department in 2021 has been produced but now has a recall on the backup camera and is unable to be given to the City until the recall has been fixed. They do not have the parts to fix the recall and it is unknown when we will receive the vehicle. C. Commission Members Ostergaard asked when the summer programs will be available for registration. Windschitl replied that the Spring Newsletter is being worked on right now but is unsure of when the summer programs will open for registration. He added if the grant is approved, we will be able to offer more camps and other programming besides the regular half day programs. Harzallah indicated he would like to keep moving forward working on the park redevelopment plan. The City of Minneapolis is setting up meetings with other cities park boards. He asked what the willingness of other members would be to meet with another cities park board. Peterson replied the meetings are generally open to the public and anyone can attend another cities meeting. Eisenbise indicated it is on her list to contact members from other boards or commissions one on one. She is also reviewing other cities minutes to see what they are working on. Cullen replied there is a new Public Works administration staff that is working on a portal to share the documents that Hansen reviewed at the previous meeting. He also suggested to have a meeting with Sulmaan Khan the City Engineer and combine a future meeting with the Sustainability Commission. Peterson replied having a joint quarterly meeting with the Sustainability Commission would be a good idea. Ostergaard reported the City of Fridley just published their Park System Improvement Plan. Cullen suggested not to rush having a joint meeting with the Sustainability Commission until some more discussion has been completed regarding the park redevelopment plan. Greenhalgh submitted a letter of resignation from the Park & Recreation Commission. After almost twenty years of service he will be stepping down as of February 28th. He has enjoyed his time on the Commission, working on various projects, and feels it is time to move on. Marquez Simula thanked Greenhalgh for his many years of service. Greenhalgh adjourned the meeting at 7:38 pm. Deanna Saefke, Recreation Secretary 48 Item 3. ECONOMIC DEVELOPMENT AUTHORITY City Hall—Council Chambers, 3989 Central Ave NE Monday, August 05, 2024 5:00 PM MINUTES The meeting was called to order at 5:00 pm by President Szurek. CALL TO ORDER/ROLL CALL Members present: Connie Buesgens; Kt Jacobs; Rachel James; Amada Márquez-Simula; Justice Spriggs; Marlaine Szurek; Lamin Dibba Staff Present: Andrew Boucher, City Planner; Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Sarah LaVoie, Administrative Assistant PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve the minutes of the regular EDA Meeting of July 01, 2024. 2. Approve financial reports and payment of bills for June 2024 – Resolution No. 2024-19. Motion by Jacobs, seconded by James, to approve the Consent Agenda as presented. All ayes of present. MOTION PASSED. RESOLUTION NO. 2024-19 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE FINANCIAL STATEMENTS FOR THE MONTH OF JUNE 2024 AND THE PAYMENT OF THE BILLS FOR THE MONTH OF JUNE 2024. WHEREAS, the Columbia Heights Economic Development Authority (the “EDA”) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statements for the month of June 2024 have been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and 49 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 2 WHEREAS, financial statements are held by the City’s Finance Department in a method outlined by the State of Minnesota’s Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made as part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 5th day of August 2024 Offered by: KT Jacobs Seconded by: Rachel James Roll Call: All ayes of present. MOTION PASSED. President Attest: Secretary BUSINESS ITEMS 3. Transfer of the Library Property to the City Forney reported during the review of the City and EDA-owned properties, Staff found that the library was still technically owned by the EDA. The redevelopment of the library property was carried out by the EDA and was never transferred to the City. Having the property under City ownership changes very little but allows the Council to make decisions regarding the property which technically should have been done by the EDA in the past. Questions/Comments from Members: Buesgens asked how Staff figured out that the City did not own the library property. Forney replied that while Staff was developing the map of EDA-owned properties in the City, Staff recognized that the library was not transferred to the City. Chirpich added that the library was a redevelopment site. Motion by Márquez-Simula, seconded by Spriggs, to waive the reading of Resolution No. 2024-20, there being ample copies available to the public. All ayes of present. MOTION PASSED. 50 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 3 Motion by Márquez-Simula, seconded by Spriggs, to approve Resolution No. 2024-20, a Resolution of the Columbia Heights Economic Development Authority, authorizing conveyance of certain real Property to the City of Columbia Heights. All ayes of present. MOTION PASSED. RESOLUTION NO. 2024-20 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, A RESOLUTION AUTHORIZING CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the “EDA”) as follows: WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) is the owner of certain real property located at 3939 Central Ave NE, Columbia Heights, in Anoka County, Minnesota and legally described as that part of block 4 Waltons rear of lots 33 & 34 block 6 Reservoir Hills lying S of N 150 ft, lying W of E 165 ft of S 180 ft of N 330 ft, & lying N of S 100 ft of W 183 ft thereof (the “Property”); and WHEREAS, the City of Columbia Heights, Minnesota (the “City”) is interested in owning the Property; and WHEREAS, the Authority has determined that it is in the best interest of the public to convey the Property to the City; and WHEREAS, the Authority and the City have followed applicable statutory provisions, including but not limited to, Minnesota Statutes, Sections 465.035 and 471.64. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority as follows: 1. The recitals set forth in the preamble to this resolution and the exhibits attached to this resolution are incorporated into this resolution as if fully set forth herein. 2. The conveyance of the Property by the Authority to the City is hereby authorized pursuant to a quit claim deed. 3. The Board hereby authorizes the President and Executive Director, in their discretion and at such time, if any, as they may deem appropriate, to execute on behalf of the Authority all appropriate documents to convey title of the Property to the City, including but not limited to a quit claim deed (the “Conveyance Documents”), and to carry out, on behalf of the Authority, the Authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The Conveyance Documents shall be in substantially the form on file with the Authority and the approval hereby given to the Conveyance Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers 51 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 4 of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the Conveyance Documents shall not be effective until the date of execution thereof as provided herein. 4. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the Conveyance Documents, the officers and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Board to implement the Conveyance Documents. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 5th day of August 2024 Offered by: Justice Spriggs Seconded by: Amada Márquez-Simula Roll Call: All ayes of present. MOTION PASSED. President Attest: Secretary 4. Review of EDA owned Properties Forney stated at the last EDA meeting, Staff put together an internal GIS tool for the EDA that highlights City and EDA-owned properties. While this tool is not ready to be shared on the website , the list of relevant properties can be found in the Agenda Packet. Most of the homes purchased by the EDA have been purchased via the Commercial Revitalization Program. This program, established in 2017 utilized leftover funds from the HRA’s management of Parkview Villa to begin the process of revitalizing the City’s business corridors. This is completed through the purchase and demolition of nonconforming buildings on commercially zoned properties. Which are then held by the EDA until they can be resold for commercial use or can be combined with other commercial properties. Staff have brought forth this topic as at the last EDA meeting the commission did not have time to discuss. Forney highlighted the following properties: 4833 University Avenue 4827 University Avenue 841 49th Avenue 4441 Central Avenue 4416 Central Avenue 52 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 5 941 44th Avenue 1002 40th Avenue 230 40th Avenue 3930 University Avenue 3853 3rd Street PIN 343024440013 PIN 343024440014 828 40th Avenue 3982 VanBuren Street 3841 Central Avenue 3851 Central Avenue 3853 Central Avenue Questions/Comments from Members: Márquez-Simula noted that she requested the map. She added that some properties on Stinson Boulevard could be housing lots. Forney displayed the map for the Commissioners and noted that one section off of Stinson Boulevard is a storm water basin. Buesgens mentioned that the wooded area off Stinson Boulevard is zoned for housing but it would be difficult to get a road there. She added that it would be great if the City could keep it wooded to preserve the trees. Chirpich suggested a conservation easement. He noted that it would need to be in conjunction with all the owners. Márquez-Simula noted the wooded area was not accessible to the public. Forney mentioned that if the City owned the road, there was an option to put in a trail. Buesgens asked if there was something the City could do in order to control any development coming in in order to protect the wooded area. Jacobs asked if homeowners had been approached about selling the wooded areas that they own. It would be an asset to the homeowner’s property if the land was preserved. Chirpich replied that the easement rights would need to be uncovered for the platted roadway to see who would have control over the road. Buesgens asked if the homeowners could be approached to see if there is interest in conserving the area. Márquez-Simula stated she would be interested in seeing how much the property values were worth, the general lot worth, and how much money the City lots were worth. She asked if there was guidance in place to preserve trees or replace any trees that were removed. Boucher replied that the City’s tree preservation Ordinance is in effect. He added that he did not believe there would be a clear-cutting of trees in the area because the replacement costs would be significant. James asked what the plan was for marketing for the large parcel off of University Avenue. Forney replied that it was currently in a hold phase. The Comprehensive Plan has a triangle of properties on 3rd Street up to University Avenue that is planned for redevelopment. The EdA has been acquiring more of the properties until the goal is reached. Chirpich added that there is a viable redevelopment site in the current landholding. Buesgens noted that she would like the EDA to reconsider the policy of not paying relocation fees. 53 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 6 She added that by not paying for relocation fees, it cost the EDA not acquiring certain properties that could have been helpful in the future. James agreed. Dibba asked if there was a goal or plan that some of the properties would provide. Forney replied that properties on University Avenue were identified in the Comprehensive Plan as being mixed - use. The rest of the EDA properties are not typically guided for anything specific. James asked if there was a benefit in holding off on development until the entire triangle of properties was acquired by the EDA. Chirpich replied that eventually, Staff would approach the property owners to see if additional property could be acquired. He mentioned that it was more likely that it would be squared off and have a three-acre project while the rest of the triangle would be redeveloped at a later date. Dibba asked if the EDA owned any rental properties. Forney replied that it is a past practice to not purchase any properties where tenants are involved since the City is not a good landlord. All the lots that the EDA owns are grass fields. Chirpich added that one of the initiatives is to acquire single-family homes on Central Avenue. Since it is a high-traffic roadway, the properties could be rezoned to commercial. However, several properties need to be acquired to make a viable project which could take some time. He noted that the EDA would need to discuss the possibility of shifting the priority from a budget perspective to strategically acquire properties. Buesgens asked if it was the right timing to discuss the policy regarding the houses along Centr al Avenue and 44th Avenue. She noted that the properties are half blocks which are harder to redevelop. She wondered if the policy could be extended to purchasing houses along and behind Central Avenue. She added that the entire block would need to be purchased to redevelop and suggested having native plants on the lot until the entire block is purchased. Chirpich added that the City has done a community garden in the past. Chirpich noted that the City has been approached by Pepe’s to purchase the single-family lot on Central Avenue. Pepe’s is currently operating from a single -family home and is legally nonconforming. Forney added that Pepe’s is a shipping company and would not be allowed in the business district. Buesgens asked if Pepe’s was not supposed to be there. Forney replied that they are legally nonconforming. Márquez-Simula noted the Pepe’s takes good care of their business and is not an eye sore. Szurek mentioned that the business on the corner of 42nd Avenue and Central Avenue is loaded with cars that are not licensed, and have wheels missing. She added that they park the cars on 42 nd Avenue during the day. She wondered why the City had not done something about it since it is a used car lot which is not allowed. Chirpich replied that it is on Staff’s radar and that the Council would be discussing consideration of a new code enforcement vehicle during the work session. Jacobs asked what type of business was allowed in a residential area. She noted that there was a taxi business that was operating. Chirpich mentioned that there is a Home Occupation Code in the City Code. He added that Staff know there are some violations and have worked through some through the criminal citation process. Boucher added that headquarters dispatch hearings are 54 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 7 explicitly not allowed as home occupations and would be able to follow up if an address was provided. Spriggs asked if the home on 49th Avenue that held a chiropractic business was for sale. Forney replied that it was for sale and was purchased by the owner of the strip mall. The new owner is currently leasing the property out. Spriggs mentioned that he is interested in looking into acquiring more properties along Central Avenue by 53rd Avenue near the hold Medtronic site. He added that he would be interested in potentially seeing a redevelopment of the old City Hall location. Chirpich noted that there are no plans for the old City Hall location yet but the idea would be to house a portion of Public Works Staff during the redevelopment. James noted that it would be helpful to review the map annually and suggested putting the review on the agenda for next August. Márquez-Simula added that it would be helpful to have an update on the value of the properties and the easements as a follow-up. Márquez-Simula mentioned that there should be signs on properties that have areas that are left preserved, such as a property with a stormwater basin. Having a sign would help the public understand why the area is not mowed. 5. 2025 EDA Budget Discussion Forney reported each year the EDA sets its own budget for programs, operations, and staff. As Budget season heats up, staff wanted to circle back with the EDA on its upcoming budget to ensure it reflects the goals and priorities of the EDA. This discussion goes hand in hand with the EDA/City- owned properties discussion along with updates on the new affordable housing trust fund. Staff would like to present the current budget structure, update the EDA on recent changes, and propose shifting one of the year-to-year budget priorities. Forney noted that the EDA currently receives funding from the following sources: EDA Levy: the EDA levy is a separate tax levy that is statutorily regulated and limited by the state. The EDA specifically utilizes this levy to pay for EDA operating expenses, a portion of the Community Development Director position, and the entirety of the Community Development Coordinator position. Currently, before COLA increases are factored in, the EDA levy is budgeted for $306,600. With a maximum allowed by the state of $419,402. HRA Levy: the HRA levy is also a separate tax levy that is statutorily regulated and limited by the state. The HRA levy is maintained by the EDA since the HRA remitted all its powers and duties to the EDA. The EDA utilizes the HRA levy to fund its grant programs and commercial revitalization program. The Façade and Fire suppression Grant programs are levied for $50,000 and $60,000 respectably. With $200,000 going to the Commercial Revitalization program. Over the last few years, the Home Energy Squad Buy Down was pulled from extra fund balances. This year staff are adding it to the HRA levy so that it has a permanent funding source. This brings the HRA levy expenditures to $315,000 total with a maximum allowed by the state of $427,959. 55 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 8 Anoka County HRA Levy: The ACHRA levy is an economic development-focused levy administered by Anoka County on behalf of the City. Part of this levy is held by the County in order to administer county wide programs and grant funding opportunities. The remainder is then placed in an account to be accessed by the City whenever qualifying projects emerge. The most recent use of this fund was for the purchase and demolition costs associated with 3851 -3853 Central Ave. The ACHRA Levy brought in $148,099.63 to the City’s account in 2024. Excluding the 39th and Central proj ect costs, the City currently holds $374,454.62 in its account with the ACHRA levy. Affordable Housing Trust Fund: Currently the EDA operates the affordable housing trust fund for the City. Currently the trust funds only source of income is through the re ceipt of state Local Affordable Housing AID funds (LAHA). Initially, the state had estimated that Columbia Heights would receive around $280,000 in 2024. In July staff were notified that the actual amount to be distributed to Columbia Heights was $142,878.20. The first half payment was received on July 20th. The revised number is lower due to the tax only being in effect for 7 months in 2023 and the state’s modeling being wrong. The state will continue to monitor and revise its estimates going forward. Forney explained the EDA can easily maintain the status quo but due to recent conversations with the EDA and the City receiving less LAHA funding, Staff are recommending a slight shift in the priorities of the EDA. At the last EDA meeting, the EDA spoke extensively about expanding the number of housing programs beyond a single-family rehabilitation loan program. Community Development staff still hold true to the goals of the Commercial Redevelopment Program but understand that housing is currently one of the largest barriers to regional economic development. Staff’s recommendation is to shift the current budget of $200,000 from the Commercial Revitalization Program to the Affordable Housing Trust Fund or other housing initiatives in general. With the County and City both looking at general levy increases, Staff believe that not increasing the EDA’s levies is a way to limit the increased tax burden on residents and businesses. The EDA can also maintain the Commercial revitalization program using the ACHRA levy fo r purchase and demolition projects. Staff are open to all options when considering funding the EDA’s priorities and are prepared to assist in the discussion. During the September EDA meeting, the EDA will officially pass its 2025 budget resolutions. Staff are looking for guidance in order to prepare for final approval. Questions/Comments from Members: James stated she was in favor of Staff’s recommendation. She agreed with the overall principle of keeping the EDA levy flat. Buesgens asked what the EDA would lose by transferring the $200,000 from the Commercialization Revitalization Program to the Affordable Housing Trust Fund. Forney replied that the EDA would lose the freedom on how they would like to use the money since there are more regulations. Money can still be transferred to different initiatives. Buesgens asked if $200,000 would be set aside annually or one time. Forney replied that it depends on what the EDA would like to do next year but it would be just for the 2025 budget. 56 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 9 Buesgens explained that she does not believe in 0 plat taxes and believes that the taxes should be incremental even if it is smaller than before. It is healthier and better to increase it by 1-2%. Márquez-Simula agreed. James asked if the property tax statement is underneath the City numbers or listed separately. Chirpich replied that it is included in the general. James noted that the tax statement does not show the EDA tax percentage amount and added that she is willing to have a small percentage increase. Spriggs asked if there was a current balance in the commercial redevelopment fund. Forney replied he believed it was $500,000 but would circle back with the correct amount. Forney stated he would speak with the Finance Director about increasing the small percentage. Buesgens noted that if the City’s percentage does not increase much, there is a possibility of increasing the percentage for the EDA. She asked if that would be possible. Chirpich replied that the EDA needs to clarify the levies and budget in September before the City Council does. Buesgens asked if there would be a reason Staff would not suggest increasing the tax percentage. Chirpich replied that the City wants to have a balanced budget and be fiscally responsible. He added that the City could build a small surplus into the EDA levy. Buesgens asked Chirpich if there was a need to increase the tax percentage. Chirpich replied that any of the EDA programs would benefit from a surplus. Buesgens asked what the percentage maximum would be. She added that she would like to go for the maximum since it benefits the entire City. Chirpich replied the maximum would be a 32% levy increase. Buesgens noted that it would be half a percentage for the overall City tax increase. Forney noted that he would bring exact numbers back to the EDA during the next meeting. 6. Fire Suppression Grant Amendment Discussion Forney reported recently, David’s Christian Learning Center (DCLC) located in St. Matthew Lutheran Church, reached out to the Community Development Department interested in the EDA’s Fire Suppression Grant Program. As it stands, DCLC would not be able to utilize the grant because the building is located at 4101 Washington St which is located outside of the program’s geographic boundaries. Staff have brought forth the item for discussion by the commission. There are multiple routes that can be considered. Option one, maintain the program as is, limiting the program to only the City’s main commercial corridors. Option two, amend the program to allow for childcare businesses in any district. Option three expands the program to reach all areas of the City. Staff’s recommendation is option two, amending the program to add childcare businesses in any section of the City as eligible. With current market conditions, the number one barrier to residential growth and economic development is the high cost of childcare. Investing in childcare facilities no t only assists in lowering the cost of childcare but also directly contributes to the City’s workforce. Questions/Comments from Members: 57 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 10 Buesgens asked if it was just for commercial buildings. Forney agreed. Dibba asked what type of businesses were primarily in the area. Chirpich replied that there are some commercial properties embedded within residential properties. The predominant commercial activity is churches and schools. Dibba wondered if there was a way to open the program to other businesses to make it broader. Szurek explained that the EDA was hoping to avoid opening the program up to everyone and had specifications on who could use the program. Forney mentioned that within residential districts, there is not any other commercial businesses in the City that would take advantage of the program. The grant program currently does not allow anything on 39 th Avenue or in the industrial district. The EDA could consider opening the program to those areas. Szurek asked if residential home daycares would be included in the program. Forney replied that only commercial buildings would be considered. Chirpich explained that the barrier is geography. The church that holds a daycare is outside of the geographic scope of the program. A commercial daycare would qualify which is why Staff are asking the EDA to consider valuing daycare as an economic development resource to fund in areas that the program typically does not reach. James stated that she was in favor of Staff’s recommendation. Spriggs agreed. He asked if there was a measure that could ensure affordability. Chirpich noted that affordable housing has a metric defined by the State but did not know if there was a metric for affordable childcare. Dibba asked if the goal of the program was to have it be affordable. Forney replied that the goal is to update the commercial spaces with fire suppression. The program starts with updating older commercial stock with fire suppression. Spriggs asked if the Staff recommendation was to open the program to all childcare businesses. Forney replied that it was Staff’s recommendation to open it to all childcare businesses but the guidelines are established by the EDA. The EDA could decide to make an exemption for one childcare business in a residential area. Staff’s recommendation would allow any religious organization that has childcare to access the program which would eliminate the issue of accepting one religious organization and not another. Márquez-Simula mentioned that this would create a safer place for kids who are in childcare. She explained that the guidelines are specific for childcare and if a business received the grant and wanted to change the building into a coffee shop, they would need to go thr ough zoning changes. She explained that the program is not created for elite childcare businesses that are charging the most for child care because they should have the funds to pay for it themselves. Jacobs added that all fire suppression grant applicants should be held to the same standard. Márquez-Simula explained that a daycare is a different kind of business and would like daycares to use funds to make sure the building is a safe environment for children. Jacobs noted that it could create a 58 Item 4. City of Columbia Heights MINUTES August 05, 2024 EDA Meeting Page 11 situation where the EDA is on thin ice by determining whether a business’s revenue is going to be a disqualifier to the program. Buesgens noted that the costs for daycare are different than other businesses such as the cost of staffing. She added due to the high costs of a daycare business, the EDA would not want them to go out of business due to fire suppression costs. Spriggs agreed and explained that by having the City provide funds, it could help drive costs down for daycares. James stated she would like to add childcare businesses because it helps economic development. Motion by James, seconded by Márquez-Simula, to amend the Fire Suppression Grant Program Guidelines adding childcare businesses to the eligible applicant’s section. All ayes. MOTION PASSED. BUSINESS UPDATES Forney stated John Connelly reached out to City Staff and the Mayor about doing a ribbon-cutting ceremony at Columbia Heights Dentistry. They are not a new business but it is a way to welcome them into the chamber. He mentioned that it was an opportunity for EDA commissioners to attend the event. Forney mentioned that the chamber does the quarterly business meetings and was typically paid for by the City. Staff realized that the City cannot pay for those costs to buy into it. The EDA will be taking over the costs of about $300. Forney noted that Instant Prints in the strip mall is closing down. He added that the demolitions on 39th Avenue and 41st Avenue have been completed. Chirpich stated that Wings Financial is under construction. There is a car wash that is proposed behind Aldi. ADJOURNMENT Motion by Buesgens, seconded by Jacobs, to adjourn the meeting at 6:26 pm. All ayes. MOTION PASSED. Respectfully submitted, ____________________________ Sarah LaVoie, Recording Secretary 59 Item 4. COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, August 7th, 2024 Approved 9/4/2024 ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wished to attend could do so in-person, or via Microsoft Teams at columbiaheightsmn.gov/join-a-meeting and entering Meeting ID 258 492 181 742 and passcode GWnPxW at the scheduled meeting time. For questions, please call the library at 763-706-3690. The meeting was called to order in the Library Community Room by Melanie Magidow at 5:31pm. Members present: Rachelle Waldon; Melanie Magidow; Amina Maameri; Chris Polley. Members remotely present: Carrie Mesrobian. Members absent: Justice Spriggs (City Council Liaison). Others present: Renee Dougherty (Library Director); Nick Olberding (Board Secretary). Public present: N/A. 1. The Meeting Agenda was approved as-is. 2. The Minutes of the June 5th, 2024, Board Meetings were moved and approved. 3. Review 2024 Operating Budget: 58.20% of the year and 50.35% of the budget expended. a. 42010/42012 (Equipment): These lines reflect costs incurred for the unplanned replacement of an interior security camera and an exterior parking lot camera (plus wiring), and the installation of a rugged outdoor Wi-Fi access point in the parking lot for public usage. Community Forum: Opportunity for public input. No correspondence and no public in attendance. The City website has a Contact Form for each Board/Commission as a new method for the public to submit questions or concerns: https://www.columbiaheightsmn.gov/government/boards_and_commissions/index.php after clicking desired group, scroll to the bottom of their page to find the contact form. New Business: 4. Mid-year Usage Comparison: Provided with some graphs that compared library usage in January through June of 2024 with the same period in 2023. They show a 15% increase in visits, a 23% increase in sessions of public computer usage, a steady level of item borrowing, and a 13% increase in programs (which would have been higher had the 21st Century Learning Centers Grant not concluded). Insight gleaned from this is that many visitors to our Library are here to use the amenities and resources on the premises but are not all borrowing things to take home with them. Computer usage may have increased due to the end of the Federal Connectivity Grant causing some households to cancel or reduce their home internet subscriptions. 5. Parking Lot Extension Plan: The City has not forgotten about the initiative to expand the parking lot into the empty lot behind the building and have provided some preliminary design drawings showing about 40 additional parking spaces, stormwater management, and native plantings. The City would like to have this area paved at the same time as a smaller plot is done on the east side of the City Hall building. They will be going out for bids soon, but current estimates suggest the Library portion would cost around $100k; funding may come partially from the CHPL Foundation and/or the Capital Improvement Fund, but this is still unknown. The Board is happy to see the proposal design matches the aesthetic of the current parking lot and that stormwater and pollinators are being considered. They suggested that a pedestrian walkway at the NW corner would allow patrons a more direct route to the building (in addition to allowing access for the adjacent neighborhood). They would also like to know how construction may affect the existing parking access. 6. Draft Proposal from Anoka County Library to Increase Fees & Revise Memorandum of Understanding: We do not yet have any written proposal from Anoka County Library for a new contract, but Renee wanted to bring the Board into the loop. Our previous contract originated in 2009, and a lot has changed since then (including e-books and Kanopy streaming video). Currently we are being charged based on a predictive formula for e-book usage 60 Item 5. from July-June, so charges are merely estimates and span two budget years. We would like to be charged based on actual usage during a single calendar/budget year if possible. Items to consider provided through Anoka County Library are services such as weekly deliveries, ILS software access, public catalog access, e-materials, streaming video, mailed overdue/damage notices, CD/DVD polishing service, and cataloging. One item included on the previous contract which we will remove is reference help services. Renee has added some estimated numbers to the proposed 2025 budget for certain aspects of the hypothetical contract, but we do not have enough information for accurate figures. The Board will be updated as we receive more information. 7. Discussion of Unstaffed Access at Metro Libraries: Chris has suggested a discussion of unstaffed access based on an article published by MinnPost on July 15, 2024 (see Board Meeting Packet); even if we do not pursue this service, it should be discussed due to its implementation at several public libraries in the state. The idea of allowing access to the building outside of normal operating hours for patrons to utilize is a nice theory; in practice there are a lot of things to consider: Related costs, building modifications necessary, safety/security issues, behavior/vandalism/theft, liability/insurance implications, etc. The Board would like to gather first-hand information and experiences from librarians/staff at libraries that have implemented service like this, and would like to know if it seems to devalue the benefit having staff on the premises. Certain patrons would be plenty self- sufficient to not need assistance or would only need access to browse and check-out items at times convenient to their schedule. Many other patrons visit the library for the assistance they receive from staff. CHPL would likely not offer this option any time soon but will keep it in mind as we go forward. 8. Proposed 2025 Budget: The Board was provided an overview of the proposed budget for 2025 which would be approved by the City Council in December but needs to be compiled to set the City’s tax levy by September. So far Finance or the City Manager have not proposed any changes to the Library’s proposed budget which contains a $30,900 (2.45%) increase. Items of note include new staff computers (which IT suggests need replacement due to age), adding $3000 for anticipated Kanopy streaming video costs (from Item 6), a $3000 reduction to the print book budget, and $3,700 reduction for music/audiobook CDs. At this time health insurance costs and collective bargaining contracts have not been negotiated for 2025 so these costs are still variable. However, the personnel budget has been eased somewhat by the resignation of two full-time employees at the top level of the pay scale and replacement by staff at the lower end of the pay scale. More information on the proposed 2025 budget will be relayed at a future meeting as needed. Reports: 9. May & June Board Report: Provided as an FYI. No comments. a. MakerSpaces: Melanie proposed that we discuss this at our next meeting. 10. Board Books: a. Chris: The Parking Lot Attendant Nafkote Tamirat; Slam (1998) Mark Levin (streaming on Kanopy) b. Amina: The Boy Who Harnessed the Wind William Kamkwamba; English (Guthrie Theater) c. Rachelle: Forty-Five: Poems Frieda Hughes d. Melanie: The Comfort of Ghosts Jacqueline Winspear; Max & the Midknights (series) Lincoln Peirce e. Nick: 1984 George Orwell; Prince of Persia: The Lost Crown (PS4/5) Ubisoft (available via ACL) f. Carrie: Madness: Race and Insanity in a Jim Crow Asylum Antonia Hylton; The Bookseller of Florence Ross King g. Renee: James Percival Everett There being no further business, the meeting was adjourned at 6:56 pm. Respectfully submitted, Nicholas P. Olberding Recording Secretary, CHPL Board of Trustees 61 Item 5. ITEM: Approve Actions of the Columbia Heights Volunteer Relief Association DEPARTMENT: Fire BY/DATE: Chief Thompson / September 09, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND In Minnesota, a fire department relief association is a governmental entity that receives and manages public money, including state aid and supplemental state aid for retirement benefits for firefighters and other emergency first responders. The association is separate from the fire department, but affiliated with it, and is governed by its own Board of Trustees. The board includes three municipal representatives, and the association is also subject to reporting requirements from the Office of the State Auditor and other state and federal agencies. The relief association is required to maintain its own checking and savings accounts. The purpose of the relief association is to help cities recruit and retain experienced firefighters by providing good retirement benefits. SUMMARY OF CURRENT STATUS The Relief Association occasionally updates its by-laws, and such changes must be approved through a special vote by the entire membership. On July 17, 2024, the Association proposed several by-law amendments. All of these proposed changes were approved by the members. The final step in this process is to present the approved amendments to the Columbia Heights City Council for their consideration and approval, as they hold the ultimate authority for final approval of any by-law changes. STAFF RECOMMENDATION All major changes to Relief Association Bylaws and polices, especially those involving changes to compensations, are required to be brought to the City Council for approval. Rec ommendation is to approve the changes as presented. RECOMMENDED MOTION(S): MOTION: Move to approve the changes to the Columbia Heights Volunteer Relief Association Bylaws and compensation policy as approved by the Columbia Heights Volunteer Relief Association Board of Trustees and general membership. ATTACHMENT(S): ColumbiaHeightsFirefightersReliefAssociation_Bylaws_V8.0_2024 ColumbiaHeightsFirefightersReliefAssociation_Policy 101 Compensation_2024 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 62 Item 6. 2024 Bylaws V8.0 1 RESTATED BYLAWS OF COLUMBIA HEIGHTS VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Relief Association are hereby amended in their entirety and restated effective as of November 20, 2017 October 1, 2024. ARTICLE I NAMES As provided in the Articles of Incorporation, the name of this organization shall be the Columbia Heights Volunteer Firefighters Relief Association (the “Association”). ARTICLE II DEFINITIONS General Definitions Whenever appropriate, words used herein in the singular shall include the plural, the plural may be read as the singular, and the masculine shall include the feminine. The following words and phrases when used herein shall have the following meanings except as otherwise required by the context in which they are used: “Active Member” is a member of the Association who is eligible for benefits and is currently meeting the minimum firefighter and service standards with the Fire Department or the Fire Chief. As of July 1, 2006, Active Members must be Volunteer Firefighters as defined in Section 2.1 of the Plan attached hereto. “Board of Trustees” or “Board” shall mean the Board of Trustees of the Relief Association, and shall perform the functions and assume the same duties as a Board of Directors under Minnesota Statutes, Chapter 317A. “Deferred Member” is a member of the Association who has retired or been terminated from the Fire Department but has not taken a distribution of benefits. “Fire Department” is the Fire Department serving the Municipality. “General Fund” shall mean the fund established pursuant to Minnesota Statutes, Section 424A.06 that holds the funds received from dues, fines, initiation fees, entertainment revenues and any money or property donated, given, granted or devised by any person, for unspecified uses. 63 Item 6. 2024 Bylaws V8.0 2 “Material Financial Interest” is a financial interest or expectation of any kind on the part of a Board member or Relative, which is substantial enough to reasonably affect the judgment of the Trustee who has a conflict of interest. The term “financial interest” includes any and all monetary expectations and exists when a Board member or Relative has rights (whether or not a Deferred Member or beneficiary) to be paid compensation, retiree benefits, or to have their expenses reimbursed or obligations or other liabilities repaid, etc. (See Article IX Fiduciary Responsibility.) “Municipality” is the City of Columbia Heights. “Municipal Trustees,” formerly known as ‘ex-officios,’ are members of the Board of Trustees designated solely by the Municipality and shall include the two appointed or elected officials and the fire chief, as further defined in Section 5.1 herein. “Relative” is a member of one’s family and includes spouses, parents, children, siblings, in-laws, aunts, uncles, first cousins, step-parents, step-children, and may include other family members such as common-law partners or long-time companions, of a Trustee who has a conflict of interest. (See Article IX Fiduciary Responsibility.) “Special Fund” shall mean the fund as defined in Section 2.1 of the Plan attached hereto. “Supermajority” is required when there is a conflict of interest on an item to be voted on by the Board of Trustees because one or more Trustees have a Material Financial Interest. A Supermajority is the majority of those Trustees after subtracting the Trustee(s) who has a conflict of interest (e.g., Nine (9) Trustees less two (2) with a conflict = Seven (7). Supermajority would require four (4) Trustees to vote in favor to pass the motion). (See Article IX Fiduciary Responsibility.) ARTICLE III PURPOSE As provided in the Articles of Incorporation, the purpose of the Association is to provide retirement relief and other benefits to members and their dependents. For purposes of Chapter 424A of Minnesota Statutes, the Association is a governmental entity that receives and manages public funds to provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and, if applicable, emergency response. The Association may also raise funds from private sources to furnish fire and emergency equipment for the Fire Department, and for other purposes deemed necessary and appropriate by the Association to the extent permitted by law. Benefits paid to members and their dependents shall be funded exclusively through governmental sources and, to the extent provided by State law, through restricted donations. 64 Item 6. 2024 Bylaws V8.0 3 ARTICLE IV MEMBERSHIP 4.1 Admission. All firefighters of the Fire Department are members of the Association and shall be eligible for benefits, except as otherwise stated in these bylaws. An application for membership shall be completed on the Membership Application and Beneficiary Designation form to become eligible for benefits in the Association. The membership application shall be submitted to and approved by the Relief Association Board. Upon the date a member completes the minimum required certifications established by Upon the date of hire to the Fire Department, such member shall accrue service credit for all active service. The minimum required certifications of the Fire Department are defined as EMT and Firefighter II. 4.2 Membership Duties. The Association does not require membership duties. 4.3 Membership Dues. The Association does not require membership dues. 4.4 Member Voting Rights. Each Active Member shall be entitled to one (1) vote on any matter voted upon by the membership. Deferred Members are not entitled to vote. Voting by proxy/absentee ballot is permitted following the procedures set forth in Section 4.5. 4.5 Proxy/Absentee Ballot. Member Voting: If permitted by the Board prior to a meeting, voting members may cast votes by submitting an absentee ballot provided by the Board that is signed by the member and deposited in the ballot box set out by the Board. Submission of an absentee ballot shall constitute a proxy to the officer of the Association designated and authorized on the ballot who is bound to cast the member’s vote in accord with the member’s ballot choices. The member may withdraw his/her proxy/absentee ballot by attending a meeting and voting in person. Use of proxies/absentee ballots may only be used on items listed on the ballot and may not be used when trustees and/or officers are elected from the floor during the meeting. Counting Ballots: If ballots were used because there were more than two candidates for any Trustee position up for election as indicated under Section 7.2, an officer of the Association who is not standing for election shall count the ballots as follows: All first choices are counted, and if no candidate wins a majority of first choices, then the last place candidate is eliminated. Ballots of voters who ranked the eliminated candidate first are redistributed to their next choice candidates, as indicated on each voter’s ballot. Last place candidates are successively eliminated and ballots are redistributed to next choices until one candidate remains or a candidate gains a majority of votes. In case of a tie resulting from the above procedure, the candidates receiving the two highest number of votes shall be placed into new balloting to be effected at the meeting. The previously submitted proxy/absentee ballots shall be recounted using the above procedures for the two candidates who have tied. Simultaneously, members present at the meeting will recast their vote for the two candidates who have tied. Additional balloting including the proxy/absentee ballots for said office shall continue until one candidate shall receive a majority of votes cast on a reballot and he shall be elected to said office. 65 Item 6. 2024 Bylaws V8.0 4 4.6 Separation. For records retention and administration of the Association, the Board may request that a Deferred Member complete and submit a Membership Separation Form. (a) If a completed separation form is not received within 30 days, a certified letter may be issued. If the completed separation form is not received within 60 days of the certified letter, the member will be placed in “deferred member” status upon Board’s approval. 4.7 Member Recognition. The Association may continue to honor members whose status has changed between volunteer/paid on-call and full- or part-time employee of the same Fire Department. The members shall adopt written policies and procedures, including any eligibility or types of recognition. 4.8 Termination. Any member who is terminated by the Fire Department or Municipality shall cease accruing benefits under the Association as of the date of termination. ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official, who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. 5.2 Duties. The Board of Trustees shall perform the functions and assume the same duties as a Board of Directors under Minnesota Statutes, Chapter 317A. In addition, the Board of Trustees shall: (a) Have exclusive control and management of all funds received by the Treasurer pursuant to the statutes of the State of Minnesota and all moneys or property donated, given, granted or devised for the benefit of the Association. (b) Examine the books, papers, funds, securities and property in the custody of the Treasurer, and general accounts, funds and securities, and property of the Association. (c) Examine and approve the validity of all claims prior to payment by the Treasurer. (d) Provide the forms on which members may submit claims to the Board of Trustees for their approval. 66 Item 6. 2024 Bylaws V8.0 5 (e) On an annual basis or more frequently as may be required to determine eligibility for benefits, confirm minimum firefighter and service standards pursuant to the Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto. (f) Assume such additional duties as may be described in Article IX herein and in Association policies and procedures or required by state law including the establishment of any committee deemed necessary or appropriate. ARTICLE VI OFFICERS 6.1 Number. The number of officers of the Association and their duties shall be as set forth below. 6.2 President. It shall be the duty of the President of the Association to: (a) Have general active management of the business of the corporation; (b) When present, preside at meetings of the Board and of the members; (c) See that orders and resolutions of the Board are carried into effect; (d) Sign and deliver in the name of the corporation bonds, contracts, or other instruments pertaining to the business of the corporation, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the articles or bylaws or by the Board to another officer or agent of the corporation; (e) Maintain records of and, when necessary, certify proceedings of the Board and the members; and (f) Perform other duties prescribed by the Board. 6.3 Pro Tem Officers. In the absence of the President and Vice President, if applicable, the Board of Trustees shall appoint an interim President from the existing Officers and/or Trustees other than the Municipal Trustees, who shall perform the duties applicable to the office. 6.4 Vice President. It shall be the duty of the Vice President to perform the duties of the President in the President’s absence. 6.5 Secretary. It shall be the duty of the Secretary of the Association to: (a) Keep a record showing the correct addresses of all members and request the names of their beneficiaries. 67 Item 6. 2024 Bylaws V8.0 6 (b) Keep or cause to be kept an accurate record of all meetings of the Association and of all meetings of the Board of Trustees. (c) Conduct and direct the investigation of all claims. (d) Keep a record of all monies received and paid out by the Treasurer. (e) Provide access to the Association’s Articles, Bylaws, minutes, and financial statement on the last annual accounting period to all members or all Board of Trustees (including the Municipal Trustees), for any proper purposes they may have, in accord with Minnesota Statutes, Section 317A.461. 6.6 Treasurer. It shall be the duty of the Treasurer of the Association to: (a) Receive and receipt all monies due the Association from members and other sources and to keep accurate accounts and records of all the money so received. (b) Have custody of all monies and securities belonging to the Association. (c) Furnish a surety bond in favor of the Association for the faithful performance of all duties involving the Association and for the safekeeping of, or accounting for, all monies and securities that may come into its possession. The bond shall be in an amount equal to at least 10% of the assets up to a maximum of $500,000. (d) Pay all properly approved claims for benefits, and to pay all bills incurred in the way of necessary expenses in the conduct of the business of the Association and to keep accurate accounts and records of all the money so paid. 6.7 General Duties. (a) It shall be the duty of any two (2) officers of the Association to countersign all checks issued by the Association. (b) The officers shall annually prepare an annual financial report of the Association’s receipts, disbursements, and balances in the Special and General Funds for the preceding calendar year on a form prescribed by the Office of the State Auditor. They shall transmit the report to the city clerk or clerk-treasurer of the Municipality for inspection, signature and transmission to the State Auditor pursuant to law. (c) Pursuant to the Volunteer Firefighter Relief Association Financing Guidelines Act of 1971, the officers of the Association shall, annually, determine the financial requirements of the Special Fund for the following year. The financial requirements of the relief association and the minimum municipal obligation must be included in the financial report or financial statement. 68 Item 6. 2024 Bylaws V8.0 7 6.8 Compensation. As compensation for services to the Association by the officers, the membership may at its annual meeting authorize payment of an aggregate salary expense payable from the Special Fund to one (1) or more of these officers. The remaining trustees may also receive a salary from the Special Fund, if the amount is approved by the Municipality. ARTICLE VII ELECTIONS 7.1 Trustee Terms. The Trustees shall be elected to staggered three-year terms. There will be two (2) Trustees elected by the membership each year at the annual meeting of the Association, and begin their individual terms on May 1January 1 following the meeting. Each appointed Municipal Trustee term is one (1) year or until the person's successor is qualified, whichever is later. The term of a Municipal Trustee shall terminate upon termination of the Trustee’s position with the Municipality. An individual Trustee may serve an unlimited number of terms. 7.2 Voting on Trustees. Each of the positions on the Board of Trustees who are not the Municipal Trustees shall be voted on separately by the Active Members in attendance at the annual meeting. No nominations of slates of candidates or cumulative voting shall be allowed. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple majority of those present at the meeting is needed to elect. If a simple majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. A trustee who was elected by the membership may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual, regular or special meeting. If allowed by the Board of Trustees under Section 4.5, a proxy/absentee ballot may be used to perform “runoff voting” if there are more than two candidates for any Trustee position up for election and Active Members must rank candidates by order of preference. See Section 4.5 for counting ballots. 7.3 Officer Terms. The offices of President, Vice President, Secretary, and Treasurer shall be elected to one-year terms, and begin their individual terms on May 1January 1 following the meeting. 7.4 Voting on Officers. Officers are elected by the Active Members each year at the annual meeting of the Association from among the elected Trustees. Each position will be nominated and elected separately at this meeting. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple majority is needed for an officer to be elected. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. Voting by proxy/absentee ballot will be allowed under Section 4.5. An officer may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual, regular or special meeting. No individual may hold more than one (1) officer position at one (1) time. 7.5 Officer and Trustee Vacancies. In the case of death, resignation or removal from office for any elected officer or Trustee of the Association, except a Municipal Trustee, the vacancy 69 Item 6. 2024 Bylaws V8.0 8 shall be filled by the Board of Trustees from the membership at a Board meeting to be duly called for the purpose of filling out this term. In the event an officer fails to retain his position as an elected Trustee, he must vacate his officer position pursuant to Minnesota Statutes, Chapter 424A Volunteer Firefighters’ Retirement. ARTICLE VIII MEETINGS 8.1 Annual Meeting of the Members. The annual (regular) meeting of the members shall be held in February November on a date designated by the Board. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 8.2 Regular Meetings of the Members. The members shall have no regular meetings. 8.3 Special Meetings of the Members. Special meetings of the members may be called at any time upon the written order of the President and one (1) other member of the Board of Trustees, or 20 percent of the voting members of the Association. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 8.4 Notice of Meetings of the Members. A notice of every annual and any special meetings of the members shall include the date, time, place and purpose of the meeting and be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; and in accord with Minnesota Statutes, Section 317A.433 Subd 4, business at a special membership meeting must be limited to the stated purpose; and further in accord with Minnesota Statutes Section 317A.435, each voting member shall be provided at least five (5), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 8.5 Member Quorum. Thirty (30) percent of the Active Members of the Association shall constitute a quorum for the transaction of business at their meetings. 8.6 Member Voting. Each Active Member present at the meeting shall be entitled to one (1) vote. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. Voting by proxy/absentee ballot will be allowed under Section 4.5. A voting “majority” is majority of the quorum, not majority of the entire association membership. 8.7 Regular Meetings of the Board of Trustees.Meetings of the Board of Trustees shall be held in February, May, August and November. Meetings of the Board of Trustees shall be held at the Fire Station unless noticed for another place within the City as designated by the Board. 8.8 Special Meetings of the Board of Trustees. Special meetings of the Board of Trustees may be called at any time upon the written order of the President and one (1) other member of the Board of Trustees. The meeting shall be held at the Fire Station unless noticed for another place within the City as designated by the Board. 70 Item 6. 2024 Bylaws V8.0 9 8.9 Notice of Meetings of the Board of Trustees.The association is governed by Minnesota Statutes, Section 13D.01 which requires that all meetings of the Association’s Board of Trustees be open to the public with rare exceptions. All notices provided for in this Article shall comply with Minnesota Statutes, Section 13D.04 which requires at a minimum that: (a) a schedule of any regular meetings of the Board of Trustees be kept on file at the Association offices, and (b) for special meetings, a notice stating the date, time, place and purpose of the meeting be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; and in accord with Minnesota Statutes, Section 317A.231, each Trustee shall be provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 8.10 Board Quorum. A majority of the Board of Trustees then in office shall constitute a quorum for the transaction of business at its meetings. 8.11 Board Voting. Unless the Articles or Bylaws specify otherwise, an action of the Board shall be effected by a majority vote of the Trustees present and eligible to vote once a quorum has been achieved. The officer in charge of a vote shall ask for a show of hands but shall not allow for a secret ballot nor proxy, and each vote shall be recorded in a public journal. No action shall be considered once a quorum has been lost. 8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees or the membership by solely electronic means (e.g., e-mail, simulchat or phone conference) that is not accessible to the public at a set meeting location is prohibited. 8.13 Order of Business. At any annual, regular and all special meetings, the order of business shall be as follows: (a) Call to order by the President (b) Roll call (verify quorum) (c) Secretary’s Report (reading of previous minutes) (d) Treasurer’s Report (e) Report of the Board (member meeting) (f) Report of other committees (Board or member meeting) (g) Election of Trustees and Officers, if applicable (annual member meeting) (h) Old Business (i) New Business (j) Adjournment 71 Item 6. 2024 Bylaws V8.0 10 ARTICLE IX FIDUCIARY RESPONSIBILITY 9.1 Board of Trustees. Each member of the Board of Directors, also acts as a trustee of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The Board of Trustees is charged with administering retirement and ancillary benefits under the Special Fund, and the Trustees are fiduciaries subject to the standard of care set forth in Minnesota Statutes, Section 11A. 09 and Section 356A.04. This includes specifically assuming such additional duties as may be described in Association policies and procedures or required by state law, including: (a) adopting an investment policy; (b) providing written investment restrictions to brokers; (c) securing certificates of insurance; and (d) establishing a continuing education plan in order to keep abreast of their fiduciary responsibilities. 9.2 Prohibited Transactions. No fiduciary of the Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one (1) of the following direct or indirect transactions: (a) sale or exchange or leasing of any real estate between the Association and a Board member; (b) lending of money or other extension of credit between the Association and a Board member or member of the Association; (c) furnishing of goods, services, or facilities between the Association and a Board member; (d) transfer to a Board member, or use by or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law; or (e) sale, exchange, loan, or lease of any item of value between the Association and a fiduciary of the Association other than for a fair market value and as a result of an arm's-length transaction. 9.3 Fiduciary Responsibilities Apart from the Special Fund. Although the title “Trustee” is applied to members of the Board of Directors of the Association, the fiduciary standard that Directors are subject to is two-tiered as a matter of State law. With respect to the Association’s Special Fund, Trustees are required to meet a standard of care that applies to fiduciaries under Minnesota Statutes, Section 11A. 09 and Section 356A.04, as described above. With respect to business and management decisions not including decisions related to the Special Fund, all Trustees are required to meet a standard of care that applies to nonprofit corporation Directors under Minnesota Statutes, Section 317A.251. These decisions include, but are not 72 Item 6. 2024 Bylaws V8.0 11 limited to, business decisions regarding fund-raising activities, and disposition of and management of the General Fund. Accordingly, in their decision-making and management, Trustees must discharge the duties of their position in good faith, in a manner the Director reasonably believes to be in the best interests of the Association, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Directors are not, in accord with that same statutory section, considered “Trustees” with respect to the Association or with respect to property held or administered by the Association. 9.4 Conflict of Interest Procedures. When a member(s) of the Board of Directors has a conflict: (a) Each member of the Board of Directors, whether acting as a Director or as an Officer of the Association, has a duty to disclose to the Board (or to any committee of the Board) the material facts of any proposed transaction or action of the Association in which they or a Relative have a Material Financial Interest. (b) The disclosure required under (a) (above) must be made, to the extent possible, prior to any consideration of such proposed transaction or action by the Board of Directors or by any applicable committee of the Board of Directors. If a Board member does not recognize the existence of a conflict prior to the Board of Director’s decision regarding the transaction, that person has a duty to disclose the material facts of the conflict as soon as the conflict is recognized. (c) The Board member having a conflict shall not participate in the deliberation or decision regarding the matter under consideration and shall leave the room during deliberations except when he has been invited by the Board or committee to participate, after consideration of the significance to the Association of the disclosed conflict. The Board of Directors or committee may also request that he provide the Association with any relevant information known to the Board member regarding the matter. (d) Any proposed transaction or action in which the Board of Directors has determined that a Director has a conflict of interest that is not “de minimis” is to be approved by a majority of all the Board of Directors then-serving who would be entitled to vote and who are not interested Board members at a meeting at which a quorum is present (i.e., by a Supermajority of the entire Board of Directors not including a Board member(s) who has a conflict of interest), even though the non-conflicted directors may constitute less than a quorum). Deliberations by the Board of Directors regarding the conflict shall be documented in Board minutes no later than 60 days following the subject meeting. The votes of each Board member in support or in opposition to the transaction or action shall be noted. (e) All Board members are obligated to notify the Board of Directors if they believe another Board member has failed to disclose a conflict, and this procedure shall be followed by the Board of Directors in all such instances. 73 Item 6. 2024 Bylaws V8.0 12 ARTICLE X FUNDS 10.1 Funds. All money received by the Association shall be kept in two (2) separate funds, the General Fund and the Special Fund. Disbursements from the funds shall be in accordance with Minnesota Statutes and Rules and the Bylaws of the Association. 10.2 General Fund. The funds received by this Association from: dues, donations, fines, initiation fees, entertainment revenues and any moneys donated for unspecified uses shall be kept in the General Fund and may be disbursed upon a majority vote of the membership or of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Association and its members. All expenses shall be paid out of the General Fund, except as specifically authorized to be disbursed from the Special Fund. These records shall be open for inspection by any member of the relief association at reasonable times and places. 10.3 Special Fund. All funds received by this Association from any tax sources, membership dues, except for dues payable as contributions to the General Fund, and other money that may be directly donated or transferred to said funds, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: (a) Payment of members’ service pension benefits in accordance with these Bylaws, (b) Payment of ancillary benefits in accordance with these Bylaws, (c) Payment of fees, dues and assessments to the Minnesota State Fire Department Association and to the Minnesota Area Relief Association Coalition, (d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association, or an insurance company licensed by the State of Minnesota offering casualty insurance, and (e) All administrative expenses authorized under Minnesota Statutes, Section 69.80. These records shall be public and open for inspection by any member of the relief association, any officer or employee of the state or municipality, or any member of the public, at reasonable times and places. 10.4 Deposits. All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustees may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes, the Bylaws and the investment policy. 74 Item 6. 2024 Bylaws V8.0 13 ARTICLE XI APPENDICES INCORPORATED IN BYLAWS The following appendices attached hereto are expressly incorporated herein as a component of these Bylaws, with the same legal force and effect of Bylaws. Appendix A: Bylaw Amendment History. Appendix B: Intentionally Left Blank. Appendix C: Intentionally Left Blank. Appendix D: Columbia Heights Volunteer Firefighters Relief Association Defined Contribution Retirement Plan. Appendix E: Defined Contribution History. Appendix F: Special Laws ARTICLE XII AMENDMENTS 12.1 Amendment of Articles of Incorporation by Members. Amendments to the Articles of Incorporation must be approved by a majority of the Board of Trustees and by a majority of the Active Members. The exception is changing the relief association’s physical address; in that case, the Board of Trustees may amend the Articles of Incorporation without member approval. If an amendment is initiated by the Directors, proper notice of the proposed amendment must precede a meeting of the members at which the amendment will be considered and must include the substance of the proposed amendment. If an amendment is proposed, the members may demand a meeting of the Board of Trustees within 60 days for consideration of the proposed amendment if a regular meeting of the Board would not occur within 60 days. 12.2 Amendment of Articles of Incorporation by Board when Authorized by Members. When authorized by Active Members, the Articles of Incorporation may be amended by the Board of Trustees by the affirmative vote of a majority of the Trustees then in office, at a meeting for which notice of the meeting and the proposed amendment have been given. The members may prospectively revoke the authority of the Board to exercise the power of the members to amend the Articles, with the exception of amending the relief association’s physical address, which the Board can amend without member approval. Nothing in this Section shall be construed to permit the Board to adopt, amend, or repeal provisions in the Articles that would alter the rights of the membership. 12.3 Amendment of Bylaws by Board. The Bylaws of the Association may be amended by the Board at any regular or special meeting of the Board by a vote of the majority present and voting, provided that a quorum is present; and provided further that a notice of date, 75 Item 6. 2024 Bylaws V8.0 14 time, place, purpose of the meeting and proposed amendment be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room, and in accord with Minnesota Statutes, Section 317A.231, each Trustee has been provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, purpose of the meeting and proposed amendment. Board Limitations of Bylaw Amendments. Nothing in this section shall be construed to permit the Board to adopt, amend or repeal provisions regarding: (a) Amending in any way the definition of “Active Service” set forth in the Plan attached hereto (b) Changing the vesting schedule set forth in the Plan attached hereto (c) Membership (Article IV) (d) Compensation (Section 6.8) (e) Elections (Article VII) (f) Member Quorum (Section 8.5) (g) Revise the number of Members required to amend the Bylaws (Section 12.4) (h) or limit the right of at least ten percent of the membership to propose a resolution for action by the members to adopt, amend, or repeal Bylaws that the Board has taken action to adopt, amend or repeal pursuant to this section. 12.4 Amendment of Bylaws by Members. The Bylaws of the Association may be amended at any regular or special meeting by a majority vote of the Active Members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment(s) shall be given by posting or reading the same at any regular or special meeting not less than five (5), but not more than thirty-one (31) days preceding that upon which such amendment(s) are to be acted upon (excluding the date of the meeting). 76 Item 6. Columbia Heights Firefighters Relief Association Policies and Procedures Policy No. 20172024-101 Board of Trustees Compensation Objective: To specify Trustee compensation for services provided for the effective operation and management of the Relief Association based upon position held and activities/services performed by any member of the Board of Trustees. Compensation: The Trustees may be compensated annually from the Special Fund. The compensation shall be based on following three areas:. 1. Each position shall have a base pay assigned to compensate for regular activities and responsibilities as defined in the Bylaws. 2. Trustees shall receive compensation based upon attendance to meetings and their active role during that meeting. 3. Trustees shall receive compensation based on their active role in the timely filing of the annual audit. 3.4. Compensation will be reviewed bi-annually (every two years). The following table details the amount of compensation per the activities defined above. Compensation of base and audit are annual amounts and may be divided as determined by the board of trustees. For example, if a position is only held one-half of the elected term, this would result in one-half of the annual base compensation. Base Audit Meeting President $1000.001400.00 $100.00200.00 $50.00 Vice President $ 200300.00 $300400.00 $2030.00 Treasurer $10001400.00 $100200.00 $2030.00 Secretary $ 8010200.00 $100200.00 $50.00 Trustee $ 0.00 $ 0.00 $2030.00 Trustee $ 0.00 $ 0.00 $2030.00 The Board of Trustees shall evaluate the performance of each member based on the responsibilities of each officer as defined by the Bylaws during a regular meeting on a quarterly basis. This shall be documented in the meeting minutes and shall be used to determine the total annual compensation payment. Officers and Trustees are not guaranteed these compensation values. Each member must perform their assigned tasks in a timely fashion with a majority of board approval to receive compensation. Payment: Payment of compensation shall be done annually, based upon the total amount determined by the roles and activities reviewed during the regular quarterly meetings. The payment shall be for the time of service between May 1January 1 through April 30December 31 to align with the effective dates for members on the Board of Trustees. The payment shall be made in full prior to July March 1 following approval of the Board of Trustees. 77 Item 6. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE SEPTEMBER 9, 2024 ITEM: Second Reading of Ordinance No. 1701, an Ordinance to Amend Chapter 5.607 Pet Shops and Commercial Kennels DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, September 4, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable BACKGROUND At the August Council work session, the Council discussed a Humane Pet Store ordinance after receiving correspondence from the MN State Director for the Humane Society of the United States informing the City of a model ordinance that municipalities across the Twin Cities have enact ed. Some of these cities include Roseville, Eden Prairie, St. Paul, Carver, Cloquet, Minneapolis, and Coon Rapids. Minnesota Statutes Section 412.221, Subdivision 21 allows municipalities to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Each of these cities have adopted similar version of a model ordinance including Definitions, Prohibition on Sales, Certificate of Source, and Violations. Some have included inspection language. The model ordinances adopted by the cities listed above reflect the language in Minnesota SF 1317 and HF 1276, proposed bills in the 2023-2024 legislative session that did not pass but is expected to be reintroduced in the 2025 session. At the First Reading of Ordinance 170 1, City Council voted (5-0) to approve the First Reading of Ordinance 1701 as proposed. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1701, there being ample copies available to the public. MOTION: Move to approve Ordinance 1701, being an ordinance to amend Chapter 5.607 Pet Shops and Commercial Kennels, and direct staff to send the summary ordinance for publication in the legal newspaper. ATTACHMENT(S): 78 Item 7. Page 2 Ordinance No. 1701 1701 Summary Ordinance 79 Item 7. Ordinance No.1701 ORDINANCE NO. 1701 AN ORDINANCE AMENDING CHAPTER 5.607 OF THE CITY CODE OF 2005 TO AMEND: The City of Columbia Heights does ordain: Section 1 § 5.607 PET SHOPS AND COMMERCIAL KENNELS. (A) Policy. The City Council finds that in accordance with the power granted to it by Minnesota Statutes Section 412.221, Subdivision 21 to regulate the keeping of animals, and to protect the health, safety, and welfare of the community, it is appropriate to adopt the regulations set forth below regarding the sale of dogs and cats at pet stores. No person shall operate a pet shop or commercial kennel without a license issued pursuant to the provisions of this chapter. All such operations shall comply with the requirements of the zoning ordinance. (B) For the purpose of this chapter the following definitions shall apply: ANIMAL CONTROL AUTHORITY. Any governmental entity which is responsible for animal control operations in its jurisdiction. ANIMAL RESCUE ORGANIZATION. Any non-for-profit organization which has tax-exempt status under Section 501 (c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue of animals and the placement of those animals in permanent homes, and which does not breed animals. ANIMAL SHELTER. Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, which (1) accepts animals into a physical facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted, or surrendered animals; (3) places animals in permanent homes or with animal rescue organizations; and (4) does not breed animals. CAT. A mammal that is wholly or in part of the species Felis domesticus. CERTIFICATE OF SOURCE. A document from an animal control authority, animal rescue organization, or animal shelter which shall provide a brief description of the dog or cat, and shall list the name, address, and telephone number of the source (animal control authority, animal rescue organizations, or animal shelter) of the dog or cat. DOG. A mammal that is wholly or in part of the species Canis familiaris. KENNELS. A place where three or more animals are kept for the business of boarding for a fee intended primarily for profit-making purposes except for an animal hospital, pet shop or veterinary clinic. PET SHOP. Any retail establishment, or operator thereof, which displays, sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers companion animals in the City of Columbia Heights. This definition does not apply to animal control authorities, animal shelters, animal rescue organizations, or kennels for boarding purposes. PET STORE OPERATOR. A person or business entity who owns or operates a pet store. (C) No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space to such entities to showcase adoptable dogs and cats inside pet stores. Such animals shall not be younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept overnight at a pet store. 80 Item 7. City of Columbia Heights - Ordinance Page 2 1. A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog’s or cat’s kennel, cage or enclosure and adhere to the following procedures: a. A Certificate of Source shall be provided to the adopter of any dog or cat. b. Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store. c. Pet stores shall make Certificate of Source immediately available for review upon the request of a peace officer or animal control authority, or a humane agent pursuant to Minnesota Statutes section 343.06 acting on behalf of the City. d. Falsification of a Certificate of Source shall be deemed a violation of this section. (D) The City Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes relating to animal abuse or animal cruelty. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant’s proposed business may be found by the City Council to be grounds for denial of the license application or revocation or suspension of any existing license. (E) No kennel licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, pet shops and veterinary hospitals/clinics are excluded from these restrictions. (F) (1) The expiration date of licenses addressed in this section shall expire on December 31 of each year. Applications for renewal shall be made a minimum of 30 days prior to expiration of the current license. No license issued under the terms of this section shall be transferable between persons or premises. (2) The Humane Officer shall conduct an inspection prior to the issuance of the license and shall recommend to the City Council whether or not to renew the license without full compliance to the requirements of this section. (G) Kennels and pet shops shall be kept in a clean and healthful condition at all times and shall be open to inspection by any person charged with the enforcement of this section. All pet shops and kennels shall be maintained in accordance with current standards of the Pet Industry Joint Advisory Council (PIJAC). A licensee shall be responsible for all actions and conduct of any employee or agent of the licensee and any violation of this section by an employee or agent shall be deemed to be actions and conduct of the licensee. The copy of the current standards of the PIJAC shall be provided by the owner/license holder for employees to use as a reference manual. Licensees and all employees shall have an understanding of the animal care statutes set by the State of Minnesota and Pet Industry Joint Advisory Council. (H) A violation of this section shall constitute an Administrative Offense under Section 5.701 of the City Code and subject the Pet Store Operator to the procedures and penalties contained therein. Section 2 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: August 26, 2024 Offered by: Buesgens Seconded by: Jacobs Roll Call: All Ayes Second Reading: September 9, 2024 Offered by: 81 Item 7. City of Columbia Heights - Ordinance Page 3 Seconded by: Roll Call: Date of Passage: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 82 Item 7. Ordinance No.1701 SUMMARY OF ORDINANCE NO. 1701 BEING AN ORDINANCE AMENDING CHAPTER 5.607 OF THE CITY CODE OF 2005 TO AMEND PET SHOPS AND COMMERCIAL KENNELS. The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1701 on September 9, 2024. The purpose of this ordinance is to update, upon passage, Chapter 5.607 of Columbia Heights City Code – Pet Shops and Commercial Kennels. These updates include the introduction of a policy section identifying the Minnesota Statutes Section 412.221, Subdivision 21 allowing City Council to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Also included are updated definitions , a process for requiring a Certificate of Source, and violation language. This is a summary of Ordinance No. 1701. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 83 Item 7. ITEM: Second Reading of Ordinance No. 1704, an Ordinance to Amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights. DEPARTMENT: IT Department BY/DATE: IT Director Jesse Hauf / September 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X_Healthy and Safe Community X_Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X_Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND The City and Comcast entered into a cable television franchise agreement through the adoption and execution of Ordinance No. 1583 in 2010. That agreement was extended in 2015 through 2020 as part of a Settlement Agreement related to a proposed franchise transfer that ultimately was terminated. Since then, the term of the franchise expired, although Comcast continued to operate under the terms of the agreement. The City and Comcast agreed to use the informal cable franchise renewal process to reach an agreement. This process is essentially a contract negotiation. The City and Comcast have reached a tentative agreement, subject to the City Council’s approval. In your packet is a Cable Franchise Agreement Ordinance for your consideration. SUMMARY OF CURRENT STATUS The first reading of Ordinance 1704 was presented and approved at the City Council Meeting on August 26th 2024. Council Member James inquired about Immaculate Conception School being included in Exhibit A “List of Free Service to Buildings” but not other Charter schools in the City. Many of the other Charter schools did not exist when this franchise was created or did not have tax-exempt status. One school that did exist with a tax-exempt status was Little Voyageurs Montessori School on 51st. Our IT Director reached out to the school on September 3rd 2024, they do not have a television and would not need cable service. Comcast has stated that they would not add free service to new City buildings and as such, schools. They only made an exception for City Hall which was a change of address. Council Member James also inquired about the renaming of Central Middle School to Columbia Academy, the name will be updated but not on this agreement. The service address is correct which is what Comcast uses to provide free services. A resident had inquired about whether the City would require Comcast to bury future cabling in lieu of aerial installations and Mayor Márquez Simula requested follow-up. This issue is addressed in the City’s right-of-way permits. Currently, the City does not favor buried vs. aerial installations. However, it is a growing trend of CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE SEPTEMBER 9TH 2024 84 Item 8. City of Columbia Heights - Council Letter Page 2 utility companies, Comcast included, to bury cabling as the installations have come down significa ntly in recent years. Buried cabling is more aesthetically pleasing but it also lasts longer with much less maintenance. However the decision to bury vs aerial is still on a by-project basis and we will still see some arial installations. USI internet for example will be entering the City starting next year. USI is planning on the majority of their cabling to be buried unless where it may be impossible or extremely impractical. The following is a high-level deal point summary of the Comcast Cable Franchise under consideration. 1. Non-exclusive. This franchise agreement is non-exclusive, the City has the right to grant additional cable franchises to other cable providers on similar terms. 2. Prior Agreements. Incorporates prior agreements on renewal terms. a. Gross Revenues Definition b. Auditing Provisions 3. Term. 10 year franchise term. 4. Franchise Fee. The consideration for the use of the public right-of-way is the franchise fee. The franchise fee will remain 5% of Comcast’s gross revenues from the provision of cable services. While Comcast derives a significant amount of revenues from its non -cable services, the City is presently preempted from including those revenues in the franchise fee. Franchise fees also now include the marginal cost of non-monetary franchise requirements due to somewhat recent changes in FCC regulations. 5. PEG Funding. 2% PEG Fee. 6. HD PEG Channels. Provision to provide the City with 3 SD/HD public, educational, governmental access television channels. Within ninety (90) days of the Effective Date of this Franchise, and upon notice from the City, Comcast will make available a minimum of four (4) Standard Definition (“SD”) PEG Channels and three (3) High Definition (“HD”) PEG Channels. Throughout the term of thi s Franchise Comcast shall provide the PEG Channels on every service tier offered by Grantee that includes the Basic Cable Service in accordance with Applicable Law. 7. Complimentary Services. Comcast will continue to provide cable service to nearly all government buildings currently receiving service and the City will receive an additional 10 HD boxes to be used at the City’s discretion. 8. Network Services to the City. a. Comcast will continue to provide PEG Video Origination Feeds from the City. b. Comcast will continue to allow PEG Video Sharing with neighboring jurisdictions through the existing network known as the PRISMA network. 9. Compliance with City Code. Right-of-way provisions requiring compliance with the City’s code provisions. 85 Item 8. City of Columbia Heights - Council Letter Page 3 10. Equal and Uniform Service. Comcast must provide equal and uniform service to all residents. 11. Consumer Protection. Provisions protecting local consumers relating to billing practices, privacy, and service. 12. Bond/Security/Liquidated Damages. Provisions to provide performance security and incentives. 13. Level Playing Field. Requirement to treat competitors similarly related to Franchise Fees, PEG Funding, PEG Channels, and Customer Service. 14. Customer Service. Standard FCC customer service provisions and reporting. 15. Audit. Mutually acceptable audit and dispute resolution procedures and provisions. 16. Administration and Regulation. The City has the right to enforce the franchise agreement and reserves the right to regulate rates. Currently Congress and the FCC has preempted the City’s right to regulate cable rates. The franchise agreement prohibits rate discrimination however. 17. Indemnification and Insurance. The franchise agreement has updated insurance requirements and requires Comcast to indemnify and hold harmless the City for any damages caused by Comcast. Comcast is also required to maintain a Letter of Credit as performance security in the amount of $20,000 and a performance bond in the amount of $50,000. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 1704. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1704, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1704, being an ordinance to amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights and to direct staff to send a summary of the ordinance as presented, for publication in the legal newspaper. ATTACHMENT(S): Summary of Franchise Ordinance Cable Franchise Agreement 86 Item 8. CITY OF COLUMBIA HEIGHTS, MINNESOTA ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST OF MINNESOTA, INC. September 9, 2024 87 Item 8. TABLE OF CONTENTS PAGE SECTION 1 DEFINITIONS ........................................................................................................ 2 SECTION 2 FRANCHISE ........................................................................................................... 6 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY...................................... 9 SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM ........................................... 13 SECTION 5 SYSTEM DESIGN AND CAPACITY ................................................................ 14 SECTION 6 PROGRAMMING AND SERVICES ................................................................. 16 SECTION 7 LOCAL PEG PROGRAMMING........................................................................ 18 SECTION 8 REGULATORY PROVISIONS .......................................................................... 24 SECTION 9 BOND ..................................................................................................................... 24 SECTION 10 LETTER OF CREDIT ....................................................................................... 25 SECTION 11 DEFAULT ........................................................................................................... 28 SECTION 12 FORECLOSURE AND RECEIVERSHIP ....................................................... 30 SECTION 13 REPORTING REQUIREMENTS .................................................................... 30 SECTION 14 CUSTOMER SERVICE POLICIES ................................................................ 32 SECTION 15 COMPENSATION AND FINANCIAL PROVISIONS .................................. 38 SECTION 16 MISCELLANEOUS PROVISIONS ................................................................. 41 EXHIBIT A FREE SERVICE TO PUBLIC BUILDINGS ................................................. A-1 EXHIBIT B PEG TRANSPORT ............................................................................................B-1 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET ........................................... C-1 88 Item 8. 1 ORDINANCE NO. 1704 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC., TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Columbia Heights, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City of Columbia Heights, Minnesota (the “City”) intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and interests of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic growth with the development and operation of a Cable System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee’s technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee’s plans for constructing and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws, and regulations; and 4. The Franchise granted to Grantee is nonexclusive. 89 Item 8. 2 SECTION 1 DEFINITIONS For the purpose of this Franchise, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory. 1.1 “Affiliate” means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. 1.2 “Applicable Law(s)” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. 1.3 “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast. 1.4 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. 1.5 “Cable Operator” means any Person or group of Persons (A) who provides Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. 1.6 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) other programming service, and b) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service, as set forth in Applicable Law, currently 47 U.S.C. § 522(6). For the purposes of this definition, “other programming service” means information that a Cable Operator makes available to all Subscribers generally, as set forth in Applicable Law, currently 47 U.S.C. § 522(14). 1.7 “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves Subscribers without using any Right-of-Ways; 90 Item 8. 3 (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with 47 U.S.C. § 573; or (e) any facilities of any electric utility used solely for operating its electric utility system. Unless otherwise indicated by the context, it shall in this document refer to the Cable System constructed and operated in the City under this Franchise. 1.8 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the FCC by regulation, as set forth in Applicable Law, currently 47 U.S.C. § 522(4). 1.9 “City” means the City of Columbia Heights, a municipal corporation in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 1.10 “City Code” means the Municipal Code of the City of Columbia Heights, Minnesota, as may be amended from time to time. 1.11 “Converter” means an electronic device, including digital transport adapters, which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all Cable Service signals. 1.12 “City Council” means the governing body of the City of Columbia Heights, Minnesota. 1.13 “Day” means a calendar day, unless otherwise specified. 1.14 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder cable of the cable. 1.15 “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 1.16 “Franchise” means the authorization granted by this Franchise Ordinance and the regulatory and contractual relationship established hereby. 1.17 “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted. 1.18 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Right-of-Ways, determined in amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage 91 Item 8. 4 allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E). 1.19 “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). 1.20 “Gross Revenues” means and shall be construed broadly to include all amounts, in any form and from all sources, derived directly or indirectly by Grantee and/or an Affiliate from the operation of Grantee’s Cable System to provide Cable Services within the City. (a) Gross Revenues include, by way of illustration and not limitation: (i) monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services) and other video products that are found to be subject to franchise fees in accordance with Applicable Law; (ii) fees paid to Grantee for Channels or bandwidth designated for commercial/leased access use, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City; (iii) Converter, digital video recorder, remote control, and all other Cable Service equipment rentals, leases, or sales; (iv) installation, disconnection, reconnection, change-in service, “snow-bird” fees; (v) Advertising Revenues as defined herein; (vi) late fees, convenience fees, and administrative fees; (vii) other service fees such as HD fees, convenience fees, broadcast fees, regional sports fees, home tech support fees, bill payment fees for in-person or phone payments, additional outlet fees, and related charges relating to the provisions of Cable Service; (viii) revenues from program guides and electronic guides; (ix) Franchise Fees; (x) All federal regulatory fees (e.g., FCC regulatory fees); (xi) except as provided in subsection (c) below, any fee, tax or other charge assessed against Grantee by municipality, which Grantee chooses to pass through and collect from its Subscribers; and 92 Item 8. 5 (xii) commissions from home shopping channels and other Cable System revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City. (b) “Advertising Revenues” shall mean revenues received or derived by Grantee and/or Affiliates from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City, which shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include, but not limited to, all commissions, representative fees, Affiliated entity fees, or rebates paid to National Cable Communications and Effectv or their successors associated with sales of advertising available on the Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising. (c) “Gross Revenues” shall not include: (i) actual bad debt write-offs, except any portion that is subsequently collected, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; and (ii) unaffiliated third-party advertising sales agency fees which are reflected as a deduction from revenues. (d) Grantee shall allocate fees and revenues generated from bundled packages and services to cable revenues pro rata based on current published rate card for the packaged services delivered on a stand-alone basis as follows: (i) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a GAAP methodology that allocates revenue, on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as expressly required by specific federal, state or local law (for example, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value). The City reserves its right to review and to challenge Grantee’s calculations. (ii) Grantee reserves the right to change the allocation methodologies set forth in this section in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City upon request or as part of any audit or review of Franchise Fee payments, and any such changes shall be subject to subsection (iii) below. (iii) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the parties, but should no resolution be reached, the 93 Item 8. 6 parties agree that reference shall be made to GAAP as promulgated and defined by the FASB, EITF and/or the SEC. Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 1.21 “Normal Business Hours” means those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. 1.22 “Normal Operating Conditions” means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 1.23 “PEG” means public, education and government. 1.24 “Person” means any natural person and all domestic and foreign corporations, closely-held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. 1.25 “Public Right-of-Way or Right-of-Way” means the area on, below, or above a public roadway, alleyway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City, but only to the extent the City has the right, interest or authority to authorize use thereof for the installation of a Cable System for the provision of Cable Service. A Right-of-Way does not include the airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications or broadcast service. 1.26 “Subscriber” means a Person who lawfully receives Cable Service. 1.27 “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SECTION 2 FRANCHISE 2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Right-of-Ways to construct a Cable System to provide Cable Service within the City subject to: 1) the provisions of this non-exclusive Franchise; and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2 herein, said Franchise shall constitute both an authorization and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services, other than the Cable Services authorized by this Franchise, to the extent permitted by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not 94 Item 8. 7 prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between: A) the lawful provisions of the City Code or applicable regulations of the City; and B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Right-of-Ways. 2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless extended by mutual written consent in accordance with Section 16.7 or terminated sooner in accordance with this Franchise. 2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 6.7 herein. 2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 16.19. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minnesota Statutes § 238.08 and any other applicable federal level playing field requirements. 2.6 Periodic Public Review of Franchise. The City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment that the Grantee continues to effectively serve the public in accordance with Applicable Law, and considering any new cable technology, Grantee’s performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and other such factors. So long as Grantee receives reasonable notice, Grantee shall cooperate in good faith. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 16.7 of this Franchise. The City and Grantee shall each be responsible for their own costs regarding the conduct of, or cooperation with, any such periodic review. 95 Item 8. 8 2.7 Transfer of Ownership. (a) No sale, transfer, assignment or “fundamental corporate change”, as defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request for, and receives approval from, City, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. (c) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term “controlling interest” as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (d) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all authority and obligations thereunder, and assuming all other authority and obligations of the transferor to the City. (e) In accordance with Minnesota Statutes § 238.084, Subd. 1(y), the City shall have the right to purchase the System in the event the Franchise or System is proposed to be transferred or sold on the same terms and conditions as the offer pursuant to which transfer notice was provided pursuant to this section. The City shall have thirty (30) Days from receipt of an application for consent under this Section 2.7 in which to give notice of its intention to consider exercising such right. (f) The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of the City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to the City. (g) Grantee shall pay upon request the City’s incidental costs and fees and any other lawful fees and costs associated with reviewing and/or acting on a request filed under subsection (a) of this Section 2.7. 2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee’s rights under Section 626 of the Cable Act to: (a) extend the Franchise, though nothing in this provision shall be construed to require such extension; (b) renew the Franchise, in accordance with Applicable Laws; (c) invite additional franchise applications or proposals; 96 Item 8. 9 (d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or (e) take such other action as the City deems appropriate. 2.9 Right to Require Removal of Property. At the expiration of the term for which this Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove, at Grantee’s own expense, all or any part of the Cable System from all Public Right-of-Ways within the Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. However, Grantee shall have no obligation to remove the Cable System where it utilizes the System to provide other non-Cable Services and has express authority under Applicable Law to maintain facilities in the Public Rights-of-Way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable Service in accordance with the terms of this Franchise and Applicable Law. In the event that Grantee elects to overbuild, rebuild, modify, or sell the System, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the Franchise remains effective. In the event of expiration, revocation/termination, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable franchise, the current Grantee shall cooperate fully to operate the System in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of service to all Subscribers. SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 3.1 Use of Right-of-Ways. (a) Grantee may, subject to the terms of this Franchise and the City Code, erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the Right-of-Ways within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System to provide Cable Service within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, those requirements governing the placement of Grantee’s Cable System, and with other applicable City Codes, and will obtain, pay for and maintain all permits and bonds required by the City Code in addition to those required in this Franchise. (b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of the Right-of- Ways of City. Grantee shall keep and maintain all of its property in good condition, order 97 Item 8. 10 and repair so that the same shall not menace or endanger the life or property of any Person. Grantee shall affix to its above ground facilities a label or marker that identifies the specific facility as Grantee’s. Consistent with the mapping requirements in Section 4.5 of this Franchise, Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the City. (c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and professional manner in accordance with all applicable requirements of the City Code and Applicable Law. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. (d) Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 3.2 Construction or Alteration. Grantee shall in all cases comply with applicable sections of the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the Cable System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System. 3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other uses of Right-of-Ways. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents. 3.4 Consistency with Designated Use. Notwithstanding the above grant to use Right-of- Ways, no Right-of-Way shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Right-of-Way was created or dedicated, or presently used under Applicable Laws. 3.5 Undergrounding. Grantee shall in all cases comply with applicable sections of the City Code, City resolutions and City regulations when installing facilities underground. (a) Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Right-of-Ways of the City in the following cases: (i) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law; (ii) Grantee is unable to get pole clearance; 98 Item 8. 11 (iii) underground easements are obtained from developers of new residential areas; or (iv) utilities are overhead but residents prefer underground (undergrounding provided at cost paid by benefitted residents). (b) If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non-City funds, such as funds from state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding. (c) Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available. 3.6 Maintenance and Restoration. (a) Restoration. In case of disturbance of any Right-of-Way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of the City Code, restore such Right-of-Way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses to make restorations as required under this section and any applicable City Code provision, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage. (b) Maintenance. Grantee shall maintain all above ground improvements that it places on City Right-of-Ways pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City’s ability to maintain the Right-of-Ways, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby. 99 Item 8. 12 (c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Engineering and consistent with the City Code and any permit issued by the City. 3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Right-of-Ways, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee. 3.8 Relocation. (a) Public Property. Grantee shall relocate its System and facilities in accordance with the City Code. In addition, if, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Right-of-Way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire, conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non-City funds, such as funds from state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding. (b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility (other than the City) requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party’s facilities, or their more efficient use, or to “make ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs. (c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written notice advising Grantee of the date or dates removal or relocation is to be undertaken, unless Applicable Law provides for a different period of time; provided that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered. 100 Item 8. 13 (d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee. (e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Right-of-Ways along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Right-of-Ways which has been installed in such a manner that it can be removed without trenching or other opening of the Right-of-Ways along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the Right-of-Ways along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and conduit in the Right-of-Ways which is not removed shall be deemed abandoned and title thereto shall be vested in the City. (f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen (15) Days’ notice to the Grantee to arrange for such temporary wire changes. SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 4.1 Removal of Cable System . In the event that: (l) the use of the Cable System to provide Cable Service is discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable System has been installed in a Right-of-Way without complying with the requirements of this Franchise or the City Code, Grantee, at its expense shall, at the demand of the City remove promptly from the Right-of-Ways all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore the Right-of-Way to a condition as nearly as possible to its prior condition or other public places in the City from which the System has been removed. However, Grantee shall have no obligation to remove the Cable System where it utilizes the System to provide other non-Cable Services and has express authority under Applicable Law to maintain facilities in the Right-of-Way, which includes authority under Minn. Stat. § 237.162, to the extent applicable, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable System, City shall have the right to require Grantee to conform to the state right-of-way rules, 101 Item 8. 14 Minnesota Rules, Chapter 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) Days after written notice of City’s demand for removal consistent with Minnesota Rules, Chapter 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City’s demand for removal is given, City shall have the right to apply funds secured by the performance bond required by Section 9 and the Letter of Credit required by Section 10 of this Franchise, toward removal and/or declare that the City shall have all right, title, and interest in and to the Cable System, with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by it. 4.4 City Options for Failure to Remove Cable System. (a) If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options: (i) Declare all right, title and interest to the System for the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or (ii) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the performance bond, Letter of Credit, indemnity and penalty section provided for in this Franchise or from Grantee directly. (b) Upon termination of service to any Subscriber, Grantee shall promptly remove all facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment. 4.5 System Maps and Layout. In addition to any generally applicable mapping requirements included in the City Code and required of other utilities, Grantee shall maintain complete and accurate system maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the Cable System adjacent to the Right-of- Ways. Grantee shall make all maps available for review by the appropriate City personnel. SECTION 5 SYSTEM DESIGN AND CAPACITY 5.1 Availability of Signals and Equipment. 102 Item 8. 15 (a) The Cable System utilizes a fiber to the fiber node architecture, with fiber optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s coaxial Cable System serving Subscribers. The System shall pass a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall be maintained to provide to Subscribers a minimum of at least two hundred (200) or more activated downstream video Channels, or such comparable video viewing capability as is provided in light of developing technologies and video distribution practices in the future. (b) The entire System shall be technically capable of transmitting industry-standard digital television signals in a manner and quality consistent with applicable FCC regulations. (c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. 5.2 Equal and Uniform Service. Grantee shall provide access to equal and uniform Cable Service throughout the City consistent with Applicable Law. 5.3 System Specifications. (a) System Maintenance. In all construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this Franchise and in applicable FCC rules and regulations. (b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (“EAS”) consistent with Applicable Law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS insofar as the City’s process is consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan containing methods of EAS message distribution, insofar as the local plan is consistent with Applicable Laws and the EAS Plan. (c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated for at least two (2) hours’ duration, throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are 103 Item 8. 16 expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard engineering practices and shall conform with the National Electric Code, National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System, including the FCC’s rules and regulations. 5.4 Performance Testing. Grantee shall perform all system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests may include, at a minimum: (a) Initial proof of performance for any construction; (b) Semi-annual compliance tests; (c) Tests in response to Subscriber complaints; and (d) Tests reasonably requested by the City to demonstrate Franchise compliance. (e) Written records of all system test results performed by or for Grantee shall be maintained, and shall be available for City inspection upon request. 5.5 Special Testing. (a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers impacted by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing. SECTION 6 PROGRAMMING AND SERVICES 6.1 Categories of Programming Service. Grantee shall provide Video Programming services in at least the following broad categories: 104 Item 8. 17 Local Broadcast (subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming PEG Programming (to the extent required by the Franchise) Movies Leased Access, as required by Applicable Law 6.2 Changes in Programming Services. Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes. 6.3 Parental Control Device or Capability. Upon request by any Subscriber, Grantee shall make available, at no additional cost to any Subscriber, a parental control or lockout device or functionality that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device or functionality at the time of original subscription and annually thereafter. 6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests. 6.5 Free Cable Service to Public Buildings. (a) The parties acknowledge that as of the Effective Date of this Franchise, Grantee continues to provide, free of charge, Basic Cable Service (including the PEG Channels) to certain schools, libraries and public institutions within the Franchise Area as set forth in Exhibit A (“Complimentary Services”). Subject to subsection (b) of this Section 6.5, Grantee shall continue to provide the Complimentary Services to the schools, libraries and public institutions listed in Exhibit A at their current or any future locations throughout the term of this Franchise. (b) In the event Grantee elects, to the extent permitted by Applicable Laws, to deduct the cost of Complimentary Services from Franchise Fees, the Grantee agrees that it will do so only after providing City with ninety (90) days prior written notice. The amount deducted shall be consistent with Applicable Law, which as of the Effective Date is defined as the Grantee’s marginal cost to provide the Complimentary Services. Grantee will disclose in writing its calculation of the amount to be deducted, including documentation to support that calculation, if requested by the City. Grantee and the City shall agree in writing on the amount of the deduction before Grantee takes any deductions from the Franchise Fee. The amount to be deducted may include all applicable fees and taxes only 105 Item 8. 18 to the extent Grantee remits such fees and taxes to a regulatory or taxing entity. City may remove locations or change the level of Cable Service indicated on Exhibit A at any time upon written notice to Grantee. For any locations no longer receiving Complimentary Service, Grantee shall immediately cease all deductions from the Franchise Fee related to such locations. For changes to the level of Cable Service, Grantee and the City shall follow the process set forth in this subsection (b) to agree in writing on the new amount of the deduction before Grantee takes any deductions from the Franchise Fee. 6.6 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Cable System. 6.7 Line Extension. (a) Grantee shall construct and operate its Cable System so as to offer and provide Cable Service to all Persons within the Franchise Area as of the Effective Date of this Franchise, upon request, without charging such Persons more than the Standard Installation charges for the individual Drop. Notwithstanding anything to the contrary in this Franchise, the Grantee shall continue to offer Cable Service to all locations serviceable prior to the Effective Date of this Franchise. The requirements of this paragraph may be waived in writing by the City, in its sole discretion, upon request. (b) Except as otherwise provided herein, Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas in the City, but in no event shall the applicable timeframe exceed twelve (12) months from notice thereof by the City to Grantee. 6.8 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. SECTION 7 LOCAL PEG PROGRAMMING 7.1 Number of PEG Channels. (a) Grantee shall continue to make available a minimum of three (3) PEG Channels carried in Standard Definition (“SD”) and two (2) PEG Channels in High Definition (HD). Throughout the term of this Franchise Grantee shall provide the PEG Channels on every Cable Service tier offered by Grantee, including the Basic Cable Service, in accordance with Applicable Law. 7.2 HD PEG Channels. (a) Within ninety (90) Days of a written request, Grantee shall make one (1) of the existing PEG Channels available in both SD and HD format, for a total of three (3) SD 106 Item 8. 19 PEG Channels and three (3) HD PEG Channels. The City shall have the sole discretion to determine whether and which of its Channels will be simulcast in HD (b) Nothing herein shall diminish any rights of the City to secure additional PEG Channels pursuant to Minnesota Statutes Section 238.084, which is expressly incorporated herein by reference. (c) If Grantee terminates all SD Channels and SD Cable Services and provides all Cable Services to all Subscribers in HD only, and after ninety (90) Days written notice to Commission, Grantee shall provide four (4) PEG Channels in HD. (d) The City acknowledges that receipt of an HD format PEG Channel may require Subscribers to buy or lease special equipment or pay additional HD charges applicable to all HD services. (e) The City is responsible for acquiring all equipment necessary to produce programming in HD, which equipment may be paid for out of PEG funds. (f) Grantee shall have the right to use any technology to deploy or deliver HD signals (including selection of compression, utilization of IP and other processing characteristics) so long as it produces signal quality for the consumer that is comparable (from the viewer’s standpoint) and functionally equivalent to similar commercial HD signals carried on the Cable System. 7.3 Control of PEG Channels. The control and administration of the PEG Channels shall rest with the City. The City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion. 7.4 Transmission of PEG Channels. PEG Channels may be used for transmission of non- video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities. 7.5 PEG Channel Locations. (a) PEG Channels shall be carried on the Basic Cable Service tier as set forth in Section 7.1 herein. Nothing herein precludes the Grantee from charging Subscribers for equipment needed for Basic Cable Service. Grantee shall continue cablecasting PEG access programming on the Cable System on the same Channel designations as such programming is cablecast within the City as of the Effective Date unless circumstances beyond Grantee’s reasonable control require relocation. In no event shall any PEG Channel relocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. If relocated, the PEG Channels will be located on consecutive Channel numbers in the SD Channel lineups as applicable and within reasonable proximity to other local broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. For new HD PEG Channels that are provided pursuant to this Franchise, Grantee shall make reasonable commercial efforts to assign the 107 Item 8. 20 PEG Channels a number near the other HD local broadcast Channels if such Channel positions are not already taken, or if that is not possible, near HD news/public affairs programming Channels if such Channel positions are not already taken, or if not possible, as reasonably close as available Channel numbering will allow. As of the Effective Date, the PEG Channels are located on Channels 16, 18 and 19. (b) Grantee agrees not to encrypt the PEG Channels differently than other commercial Channels available on the Cable System. (c) Grantee shall make reasonable efforts to locate both SD and HD PEG Channels in its lineup in a manner that is easily accessible to Subscribers. In the event an SD PEG Channel is moved, Grantee shall provide a rebranding reimbursement grant of One Thousand Five Hundred and No/100 Dollars ($1,500) per relocated Channel. 7.6 Navigation to PEG Channels and Electronic Programming Guide. Grantee agrees that if it utilizes any navigation interfaces under its control on its Cable System for all Channels, the PEG Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to PEG Channels. Grantee will maintain the existing ability of the City to place PEG Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. Grantee will be responsible for providing the designations and instructions necessary for the PEG Channels to appear on the EPG. All costs and operational requirements of the EPG provider shall be the responsibility of the City. City acknowledges that the EPG may not be technically possible for all PEG programming, and that Grantee is not responsible for operations of the EPG provider. 7.7 Ownership of PEG Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user, whether an individual, education or government user, acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, education, or government use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law. 7.8 PEG Monitoring. Grantee shall provide the capability, without charge, for the locations listed in Exhibit B to monitor and verify the audio and visual quality of PEG Channels received by Subscribers. This will include equipment comparable to that deployed to residential cable Subscribers that will allow the City to verify the accuracy of EPG listings for the PEG Channels. Grantee shall also maintain one (1) feed to the City Hall to provide the ability to monitor Subscriber services and address Subscriber concerns, which feed shall include all cable boxes and platforms (i.e. Xfinity X1). 7.9 PEG Transport. During the term of this Franchise, Grantee will provide PEG transport as follows: (a) Grantee shall maintain the existing fiber paths/equipment and existing PEG connectivity to the locations listed in Exhibit B to permit the City to transport PEG 108 Item 8. 21 programming during the term of this Franchise, without additional charge and with no recurring, monthly costs or offsets, except that, to the extent permitted under Applicable Law, Grantee may recover from the City any marginal costs of necessary repairs or maintenance, which shall not exceed Five Thousand and No/100 Dollars ($5,000) per year and which shall be estimated to the City in advance whenever possible. Grantee shall document its marginal costs and work with the City should there be any dispute regarding the amount of such costs. The City may opt, in its sole discretion, to be invoiced by Grantee for such costs or to allow Grantee to deduct such costs from its Franchise Fee payment to the extent permitted under Applicable Law. (b) In addition to the deduction permitted in subsection (a), Grantee reserves any rights it may have under Applicable Law to deduct from Franchise Fees other costs of PEG transport and associated equipment as outlined in this paragraph, but only to the extent such deductions are also taken by Grantee in all other Minnesota local franchising authorities where Grantee has similar PEG transport obligations. In the event Grantee elects to take a deduction, the amount deducted shall be consistent with Applicable Law, which as of the Effective Date is defined as the Grantee’s marginal cost to provide the PEG transport, and Grantee and the City shall follow the process set forth in Section 6.5(b) to agree on the amount of the deduction. Grantee agrees that any costs incurred by the City under this Section 7.9 shall be considered a PEG capital cost unless prohibited by Applicable Law. 7.10 Future PEG Transport. At such time that the City determines: (a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in Section 7.9); or (b) that the City desires to establish or change a location from which PEG programming is originated; or (c) that the City desires to upgrade the connection to Grantee from an existing signal point of origination, the City will give Grantee written notice detailing the point of origination and the capability sought by the City. Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said connection, which shall be a PEG capital cost. 7.11 Interconnection. Grantee shall make the fiber loop known as the PRIMSA Ring available to the City until the network equipment servicing the PRIMSA Ring as of the Effective Date is at the end of life. The City can use the PRIMSA Ring to send and receive live and recorded programming for playback. Grantee shall provide the City access to the PRIMSA Ring at an agreed upon Demarcation Point. Grantee will provide use of and maintain the PRIMSA Ring free of charge, but Grantee will not be obligated to replace network equipment on the PRISMA Ring or for any equipment on the City’s side of the Demarcation Point. To the extent technically feasible, Grantee will allow necessary interconnection with any newly constructed City and school fiber for 109 Item 8. 22 noncommercial programming to be promoted and administered by the City as allowed under Applicable Laws and at no additional cost to the City or schools. This may be accomplished through a patch panel or other similar facility and each party will be responsible for the fiber on their respective sides of the Demarcation Point. Grantee reserves its right to review on a case-by- case basis the technical feasibility of the proposed interconnection. Based on this review Grantee may condition the interconnection on the reasonable reimbursement of Grantee's incremental costs, with no markup for profit, to recoup Grantee's construction costs only. 7.12 PEG Channel Carriage. (a) Grantee shall provide all necessary transmission equipment, at no cost to the City, from the demarcation point and throughout Grantee’s distribution system in order to deliver the PEG Channels. Any and all costs associated with any modification of the PEG Channels or signals after the PEG Channels/signals leave the City’s designated playback facilities, or any designated playback center authorized by the City, shall be borne entirely by Grantee. Grantee shall not cause any programming to override PEG programming on any PEG Channel, except by oral or written permission from the City, with the exception of emergency alert signals. (b) The City or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Channel use. (c) The Grantee shall monitor the PEG Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG programming. Grantee shall carry all components of the SD/HD PEG Channel(s) including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. 7.13 PEG Programming Financial Support. (a) During the term of the Franchise, Grantee shall pay quarterly to the City a PEG Fee in an amount equal to two percent (2.0%) of its quarterly Gross Revenues, for the duration of this Franchise. Payments pursuant to this subsection shall be paid to the City on the same schedule and including the same payment worksheets as the Franchise Fee payments set forth in Section 15.1 of this Franchise. (b) The PEG Fee may be used by City to fund PEG expenditures in accordance with Applicable Law. (c) The PEG Fee is not part of the Franchise Fee and instead falls within one or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable Laws. 110 Item 8. 23 (d) Any PEG Fees owing pursuant to this Franchise that remain unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at ten percent (10%) per annum. 7.14 PEG Technical Quality and Support. (a) Grantee will deliver the SD/HD PEG Channels to Subscribers so that they are viewable without degradation, provided that it is not required to deliver a PEG Channel at a resolution higher than the highest resolution used in connection with the delivery of local broadcast signals to the public. Grantee shall not be required to carry a PEG Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Channels, provided that this requirement shall not prohibit Grantee from implementing new technologies also utilized for broadcast Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering PEG Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in a PEG Channels signal from the point of origination upstream to the point of reception (hub or head end) or downstream to the Subscriber on the Cable System. (b) Within eight (8) hours of a written or e-mailed request from City to the Grantee identifying a technical problem with a PEG Channel and requesting assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. (c) If changes in the technology used by the Grantee require additional equipment for reception of PEG Channels, the Grantee shall make such equipment available free of charge and at no cost to the City. 7.15 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the PEG Channels, Grantee shall, at its own expense and free of charge to City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the PEG Channels in accordance with the requirements of the Franchise. 7.16 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 7.17 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by Applicable Law. 111 Item 8. 24 7.18 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minnesota Statutes § 238.084. SECTION 8 REGULATORY PROVISIONS 8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise to the full extent permitted by Applicable Law. The City may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegates of the City. 8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its regulatory authority wholly or in part to agents of the City, including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. As of the Effective Date of this Franchise, the City, or any designee thereof, shall have continuing regulatory jurisdiction and supervision over the Cable System and Grantee’s operation under the Franchise. 8.3 Regulation of Rates and Charges. (a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement. (b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days’ notice of any intended modifications or additions to Subscriber rates or charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users. (c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1) discounted rates and charges for providing Cable Service to low-income, disabled, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing. Access to Cable Service shall not be denied to any group of potential cable Subscribers because of the income of the residents of the area in which such group resides. SECTION 9 BOND 9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter, Grantee shall file with the City at its own expense, and maintain in full force and effect, a bond in the sum of Fifty Thousand and No/100 Dollars ($50,000.00) in such form and with such sureties 112 Item 8. 25 as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City, or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. 9.2 Rights. The rights reserved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right the City may have. 9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond. 9.4 Procedure to Draw on Bond. (a) The City shall provide Grantee thirty (30) Days written notice of its intent to draw on the performance bond together with the reason for such draw. Grantee shall have the right to cure or petition for additional time. (b) The time for Grantee to correct any violation or liability, shall be extended by the City if the necessary action to correct such violation or liability is, in the sole determination of the City, of such a nature or character as to require more than thirty (30) Days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) Days to correct such violations or liability, commences the corrective action within the thirty (30) Day period and thereafter uses reasonable diligence to correct the violation or liability. (c) In the event this Franchise is revoked by reason of default of Grantee in accordance with the procedure set forth in Section 11, the City shall be entitled to collect from the performance bond any damages incurred by the City as a result of said default or revocation. (d) Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) Days after the expiration of the term of the Franchise or revocation for default thereof, provided the City has not notified Grantee of any damages incurred by the City as a result of Grantee’s operations pursuant to the Franchise or as a result of said default. SECTION 10 LETTER OF CREDIT 10.1 Letter of Credit. If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful 113 Item 8. 26 performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of Twenty Thousand and No/100 Dollars ($20,000.00) (“Letter of Credit”). In no event shall Grantee fail to post a Twenty Thousand and No/100 Dollars ($20,000.00) Letter of Credit within ten (10) Days following receipt of a notice of franchise violation pursuant to this Section 10.1. The form, manner and content of the Letter of Credit shall be subject to the approval of the City. Failure to post said Letter of Credit shall constitute a separate material violation of this Franchise, unless the breach is cured within such ten (10) Day period. The Letter of Credit shall serve as a common security for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. The obligation to establish the security fund required by this paragraph is unconditional. The fund must be established in those circumstances where Grantee disputes the allegation that it is not in compliance and maintained for the duration of the dispute. If Grantee fails to establish the Letter of Credit as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs, reasonable attorneys’ fees, and an additional penalty of Five Thousand Dollars ($5,000) in that action. 10.2 Withdrawal of Funds. The Letter of Credit shall permit the City to withdraw funds upon demand (sight draft). Grantee shall not use the Letter of Credit for other purposes and shall not assign, pledge or otherwise use the Letter of Credit as security for any purpose. 10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has been withdrawn by the City from the Letter of Credit pursuant to Section 10.8, Grantee shall deposit a sum of money sufficient to restore such the Letter of Credit to the required amount. 10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following liquidated damages: (a) For failure to provide data, documents, reports or information or to cooperate with City during an application process, audit, or System review, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Section 10.4, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (c) For failure to test, analyze and report on the performance of the System following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (d) Forty-five Days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Five 114 Item 8. 27 Hundred Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or continues. (e) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the PEG Channels, the liquidated damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (f) For failure to provide or replenish the Letter of Credit required by this Section 10, the liquidated damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. 10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. 10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of one hundred twenty (120) Days. If after that amount of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies. 10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid, or fails to repay to the City any damages, costs or expenses, which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the Letter of Credit, the City may then withdraw such funds from the Letter of Credit. Payments are not Franchise Fees as defined in Section 15 of this Franchise. 10.8 Procedure for Draw on Letter of Credit. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall post the Letter of Credit within ten (10) Days of the date of receipt of a written notice of violation, Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the Letter of Credit. Grantee may, within ten (10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the thirty (30) Day cure period but shall not serve to delay Grantee’s obligation to post the Letter of Credit within said ten (10) Day period following receipt of the notice of violation. (a) City shall hear Grantee’s dispute at the next regularly scheduled or specially scheduled City Council meeting. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition the City Council for reconsideration. 115 Item 8. 28 (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty (30) Days within which to remedy the violation before City may require payment of all liquidated damages due it. 10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to correct the alleged violation is of such a nature or character as to require more than thirty (30) Days within which to perform provided Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 10.10 Grantee’s Right to Pay Prior to Letter of Credit Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City, the City may resort to a draw from the Letter of Credit in accordance with the terms of this Section 10 of the Franchise. 10.11 Failure to so Replenish Letter of Credit. If any Letter of Credit is not replaced as required in this section, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any Letter of Credit may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages, that remedy shall remain the City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6, provided that Grantee has provided the City the Letter of Credit as required in this Section 10. If Grantee fails to provide or, if needed, replenish the Letter of Credit, then the City may impose liquidated damages and also pursue any other right or remedy available to City pursuant to this Franchise or otherwise. SECTION 11 DEFAULT 11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its sole discretion, determines that Grantee has: (a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise; (b) Attempted to evade any provision of this Franchise or the acceptance hereof; 116 Item 8. 29 (c) Practiced any fraud or deceit upon City or Subscribers; (d) Made a material misrepresentation of fact in the application for or negotiation of this Franchise; or (e) Incurred a twelve (12) month or more delay in the construction schedule. 11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the giving of such notice (or if such default is of such a character as to require more than thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the City Council at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed: (a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the default. (b) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise. (c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty (30) Days. No opportunity for compliance need be granted for fraud or misrepresentation. 11.3 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct. 11.4 Compliance with the Laws. (a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. To the extent required to comply with such law or regulation, Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective. 117 Item 8. 30 (b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with, provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. SECTION 12 FORECLOSURE AND RECEIVERSHIP 12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) Days, or unless: (a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and, (b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. SECTION 13 REPORTING REQUIREMENTS 13.1 Quarterly Reports. Within forty (45) Days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment, a report showing the basis for computation of the Franchise Fee and PEG Fee payments signed by an authorized representative of Grantee in form and substance substantially equivalent to Exhibit C attached hereto. This report shall separately indicate Grantee’s Gross Revenues within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1.20 of this Franchise. 118 Item 8. 31 13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year, Grantee shall provide a written report of any and all FCC technical performance tests for the residential network required in FCC rules and regulations as now or hereinafter constituted. 13.3 Other Reports. Upon request of the City and in no event later than thirty (30) Days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant to the terms of this Franchise. 13.4 Open Records. Grantee shall manage the operation of its Cable System in accordance with a policy of keeping its records open and accessible to the City. The City, upon reasonable notice, which shall be no less than ten (10) and no more than thirty (30) days, shall have the right to receive copies of all records of the Grantee and Affiliates necessary to determine compliance by Grantee with its obligations under this Franchise in a format reasonably required by the City. Grantee shall not deny the City access to Grantee’s records on the basis that Grantee’s records are under the control of an Affiliate or a third party, rather than the Grantee. 13.5 Confidential and Trade Secret Information . The City shall follow all Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to City. Grantee shall not be relieved of its obligation to provide information or data required under this Franchise simply because the City may not be able to guarantee its confidentiality. Grantee acknowledges that the City shall at all times comply with the Minnesota Government Data Practices Act (“MGDPA”) related to the release of information and nothing herein shall be read to modify the City’s obligations under the MGDPA. 13.6 Communications with Regulatory Agencies. (a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications and documents of any kind, submitted by Grantee or its Affiliates to any federal, state or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee’s Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty (30) Days after receipt of City’s request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under Applicable Law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. With respect to all other reports, documents and notifications provided to any federal, state or local regulatory agency as a routine matter in the due course of operating Grantee’s Cable System within the Franchise Area, Grantee shall make such documents available to City upon City’s written request. (b) In addition, Grantee and its Affiliates shall within ten (10) Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use 119 Item 8. 32 its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not. SECTION 14 CUSTOMER SERVICE POLICIES 14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service, repair, installation and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. Grantee shall provide the City with the name, address and telephone number of an office that will act as the Grantee’s agent to receive complaints regarding quality of service, equipment malfunctions, billings, and similar matters. Grantee will maintain an “escalated complaint process” to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to the City via email for reporting issues. These specifically identified employees of Grantee will have the ability to take actions, and will do so in a timely manner, to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with the City in writing by email (and by phone when necessary) with a summary of the results of the complaint(s). 14.2 Customer Service Agreement and Written Information . Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following information: (a) Services to be provided and rates and charges for such services. (b) Billing procedures. (c) Service termination procedure. (d) Change in service notifications. (e) Converter/Subscriber terminal equipment policy. (f) How complaints are handled including Grantee’s procedure for investigation and resolution of Subscriber complaints. (g) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed, and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. A copy of the written information shall be provided to each Subscriber at the time of initial connection and any subsequent reconnection. 14.3 Reporting Complaints. (a) The requirements of this Section 14.3 shall be subject to federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for City inspection. Subscriber data shall include the date, name, address, and telephone number 120 Item 8. 33 of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The Grantee shall provide City with reasonable access to the information maintained by Grantee pursuant to this Section 14.3, subject to federal law regarding Subscriber privacy. (b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time, provide City with such Subscriber data for its review. 14.4 Customer Service Standards. (a) The City hereby adopts the customer service standards set forth in Part 76, (§76.309) of the FCC’s rules and regulations, as amended. (b) Grantee shall, upon request, provide City with information which shall describe in detail Grantee’s compliance with each and every term and provision of this Section 14. (c) Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. The City reserves the right to enact additional consumer protection laws or requirements as provided in 47 U.S.C. § 552(d). 14.5 Local Office. Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. 14.6 Cable System Office Hours and Telephone Availability. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this Franchise. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. 121 Item 8. 34 (d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. (f) The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. 14.7 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: (a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system. (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “service interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem. (c) The “appointment window” alternatives for installations, Service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of the customer.) (d) Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (e) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 14.8 Communications between Grantee and Subscribers. (a) Refunds. Refund checks will be issued promptly, but no later than either: (i) The customer’s next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. 122 Item 8. 35 (b) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. 14.9 Billing: (a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days. 14.10 Subscriber Information. (a) Grantee will provide written information on each of the following areas at the time of installation of Cable Service, at least annually to all Subscribers, and at any time upon request: (i) Products and services offered; (ii) Prices and options for programming services and conditions of subscription to programming and other services; (iii) Installation and service maintenance policies; (iv) Instructions on how to use the Cable Service; (v) Channel positions of programming carried on the System; and (vi) Billing and complaint procedures, including the address and telephone number of the City’s office. (b) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.10. 14.11 Notice of Rate or Programming Changes. Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change, unless the change results from circumstances outside of Grantee’s control (including failed retransmission consent or program carriage negotiations during the last 30 days of a contract), in which case notice shall be provided as soon as possible using any reasonable written means at the operator's sole 123 Item 8. 36 discretion, including Channel Slates. Notice of rate changes shall include the precise amount of the rate change and explain the reason for the change in readily understandable terms. Notice of changes involving the addition or deletion of channels shall individually identify each channel affected. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers the television signal added and not whether that signal may be multiplexed during certain dayparts. 14.12 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service and a current Channel line- up showing all Channels available in the City shall be maintained on file with City and shall be available for public inspection. Grantee shall also provide on a monthly basis a copy of a sample Subscriber bill to the City. 14.13 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days. 14.14 Late Fees. Grantee shall comply with all Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. 14.15 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or a commission of the City. 14.16 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers, and in a way that: (A) is not misleading; and (B) does not omit material information. Grantee may, in its sole discretion, consolidate costs on Subscriber bills as may be permitted by 47 U.S.C. § 542(c). 14.17 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of the Franchise. 14.18 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.2, the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to Subscriber concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. 124 Item 8. 37 14.19 Subscriber Privacy. (a) Grantee shall comply with the Subscriber privacy provisions of 47 U.S.C. §551, as amended from time to time. (b) To the extent required by Minnesota Statutes § 238.084 Subd. 1(s) Grantee shall comply with the following: (i) No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (ii) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (iii) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (ii) of this section. 14.20 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. 14.21 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided, however, that such disconnection shall not be affected until after the later of: (i) forty-five (45) Days after the original 125 Item 8. 38 due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s Cable Service. 14.22 Refunds. Refunds to Subscribers shall be made or determined in the following manner: (a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee’s responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability. (b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. (c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the number of days as a basis, shall be refunded to the Subscriber by Grantee. SECTION 15 COMPENSATION AND FINANCIAL PROVISIONS 15.1 Franchise Fees. (a) During the term of the Franchise, Grantee shall pay to the City a Franchise Fee in an amount equal to five percent (5%) of its Gross Revenues. If any law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling established by the Cable Act, then the City shall have the authority (but shall not be required) to increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. (b) Franchise Fees shall be paid quarterly. The payments shall be made to the City within forty-five (45) Days following the end of each calendar quarter. Grantee shall include with each quarterly payment a Franchise Fee payment worksheet, in form and substance substantially similar to Exhibit C, signed by an authorized representative of Grantee. No acceptance of any payment shall be construed as an accord that the amount paid is in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section. (c) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law. 126 Item 8. 39 (d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid after the due dates specified herein shall be delinquent and shall immediately begin to accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 15.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City or its designee, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than twenty (20) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of seven (7) years, pursuant to Minnesota Statutes § 541.05. The Grantee shall not deny the City access to any of the Grantee’s records on the basis that the Grantee’s records are under the control of any parent corporation, Affiliate or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee. 15.3 Review of Record Keeping Methodology. Upon request, Grantee agrees to meet with a representative of the City or its designee to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records. 15.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit or review of the revenues of Grantee in order to verify the accuracy of Franchise Fees or PEG Fees paid to the City. Grantee and each parent company of Grantee shall cooperate fully in the conduct of such audit or review. In the event it is determined through such audit or review that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit or review within thirty (30) Days of the completion and acceptance of the audit or review by the City. Grantee shall pay to the City any additional amounts due as a result of the audit or review, including interest as set forth in Section 15.1, within thirty (30) days following written notice to Grantee by the City of the underpayment, provided that nothing in this sentence limits Grantee’s ability to dispute the results of any audit or review. 127 Item 8. 40 15.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise. 15.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers, agents and employees thereof (collectively the “Indemnified Parties”), from and against any and all claims, suits, actions, demands, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the Indemnified Parties; for actual or alleged injury to Persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy, defamation of any Person, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the Indemnified Parties from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the Indemnified Parties. 15.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense, take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Four Million Dollars ($4,000,000). The liability policy shall include: (a) The policy shall provide coverage on an “occurrence” basis. (b) The policy shall cover personal injury as well as bodily injury. (c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage. (d) Broad form property damage liability shall be afforded. (e) City shall be named as an additional insured on the policy. 128 Item 8. 41 (f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. (g) Standard form of cross-liability shall be afforded. (h) An endorsement stating that the policy shall not be canceled without thirty (30) Days’ notice of such cancellation given to City. (i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period. (j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee’s insurance coverage. SECTION 16 MISCELLANEOUS PROVISIONS 16.1 Posting and Publication. This Franchise shall be published in accordance with Applicable Law. Grantee shall assume the cost of posting and publication of the Franchise as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise. 16.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee. 16.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended to comply with all requirements set forth therein. 16.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 129 Item 8. 42 16.5 Prior Franchise Terminated. The cable franchise originally granted by Ordinance No. 1583 is hereby terminated. Nothing herein shall serve to waive any rights the parties may have under previous agreements subject only to the applicable state statute of limitations. 16.6 Franchise Acceptance and Effective Date. No later than thirty (30) Days following City Council approval of this Franchise, Grantee shall execute and return to the City two (2) original franchise agreements. The date Grantee executes the Franchise shall be the “Effective Date,” provided that Grantee returns the executed agreements to the City accompanied by performance bonds, evidence of insurance and any other conditions precedent as provided in this Franchise. In the event Grantee fails to accept this Franchise, or fails to provide the required documents, this Franchise shall be null and void. 16.7 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made to address technology changes or advances subsequent to a review session pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City’s exercise of its police powers. 16.8 Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City Manager City of Columbia Heights 3989 Central Avenue NE Columbia Heights, MN 55421 With copies to: Michael R. Bradley Bradley Werner, LLC 2145 Woodlane Drive Suite 106 Woodbury, MN 55125 If to Grantee: General Manager Comcast 10 River Park Plaza St. Paul, MN 55107 Such addresses may be changed by either party upon notice to the other party given as provided in this section. Recognizing the widespread usage and acceptance of electronic forms of communication, emails will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment 130 Item 8. 43 communications. Such communication should be addressed and directed to the Person of record as specified above. 16.9 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 16.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee’s behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 16.11 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the state. 16.12 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. 16.13 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 16.14 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 16.15 Rights Reserved to City. In addition to any rights specifically reserved to the City by this Franchise, the City reserves to itself every right and power to which is entitled under Applicable Law. 16.16 Rights Cumulative. All rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and 131 Item 8. 44 remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 16.17 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes the City has the power to make the terms and conditions contained in this Franchise. Grantee agrees that it will not, at any time, set up against the City in any claim or proceeding, any condition or term of the Franchise as unreasonable, arbitrary, void as of the Effective Date of this Franchise or that the City had no power or authority to make such term or condition. 16.18 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Right-of-Ways for the purpose of providing Cable Service. However, Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms. 16.19 Competitive Equity. (a) The City reserves the right to grant additional franchises or similar authorizations to provide Cable Services via Cable Systems. The City intends to treat Cable Operators in a nondiscriminatory manner to the extent permissible under Applicable Law. If, following the Effective Date of this Franchise, the City grants such an additional franchise or authorization to a Cable Operator and Grantee believes the City has done so on terms materially more favorable than the obligations under this Franchise, then the provisions of this Section 16.19 will apply. (b) As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise, which terms may place the Grantee at a significant competitive disadvantage if not required of another Cable Operator: the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and defined in this Franchise, and the obligation to comply with the requirements in this Franchise regarding PEG funding, PEG Channels, records and reports, security instruments, audits, dispute resolution, remedies, notice and opportunity to cure, and customer service obligations (hereinafter “Material Obligations”). The City and Grantee further agree that this provision shall not require a word for word identical franchise or authorization for competitive equity so long as the regulatory and financial burdens on each entity are materially equivalent. (c) Within one (1) year of the adoption of another Cable Services franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in this Franchise that Grantee believes exceed the Material Obligations of the competitor Cable Operator’s franchise or similar authorization. The City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) Day time period, 132 Item 8. 45 unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. If the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, notify the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have the remaining term of this Franchise shortened to not more than thirty- six (36) months. Notwithstanding anything contained in this section to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services available for purchase by Subscribers or customers in the Franchise Area served by Grantee. (d) In the event the City disputes that the Material Obligations are different, Grantee may bring an action in federal or state court for a determination as to whether the Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have the remaining term of this Franchise shortened to not more than thirty (30) months. (e) Nothing in this Section 16.19 is intended to alter the rights or obligations of either party under Applicable Law, and it shall only apply to the extent permitted under Applicable Law and FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received. 16.20 In-Kind Cable-Related Contributions. In the event the FCC Section 621 Order (Third Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019 ) (herein “621 Order”) is overturned in whole or in part by action of the FCC or through judicial review, and franchise-mandated Complimentary Services to public buildings as set forth in Section 6.5 herein and the PEG transport as provided in Section 7.9(a) and (c) herein are no longer considered to be “Franchise Fees” under 47 U.S.C. §542, then for the remaining Franchise term, Grantee shall provide, free of charge, complimentary Basic Cable Service to the Complimentary Service locations listed in Exhibit A and the PEG transport as provided in Section 7.9(a) and (c). Passed and adopted this 9th day of September, 2024. ATTEST CITY OF COLUMBIA HEIGHTS, MINNESOTA By: By: Its: City Clerk Its: Mayor 133 Item 8. 46 ACCEPTANCE ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. Date: By: Its: SWORN TO BEFORE ME this ______ day of __________________, 2024. NOTARY PUBLIC 134 Item 8. A-1 Exhibit A LIST OF FREE SERVICE TO BUILDINGS Building Name Address 1. Columbia Heights Public Library 3939 Central Avenue, NE 2. Columbia Heights City Hall 3989 Central Avenue, NE . 3. John P. Murzyn Hall 530 Mill street, NE 4. Columbia Heights Municipal Service Center 637 38 th Avenue, NE 5. Public Safety Facility 825 41 st Avenue, NE & Jackson Street 6. City Gymnasium 1300 49th Avenue, NE 7. Columbia Heights High School 1400 49th Avenue, NE 8. Central Middle School 900 49th Avenue, NE 9. Highland Elementary School 1500 49th Avenue, NE Valley View Elementary School 800 49th Avenue, NE 10. District Facilities 1460 49th Avenue, NE 11. District Center 1440 49th Avenue, NE 12. School District Gymnasium 1440 49th Avenue, NE 13. Immaculate Conception School 4030 Jackson Street, NE 135 Item 8. B-1 Exhibit B PEG Transport Building Name Address 1. Columbia Heights City Hall 3989 Central Avenue. 2. Columbia Heights Public Library 3939 Central Avenue NE 3. Columbia Heights High School 1400 49th Avenue NE 136 Item 8. C-1 Exhibit C Franchise Fee Payment Worksheet TRADE SECRET – CONFIDENTIAL PEG Fee Factor: 2% PEG Fee Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in the Franchise 137 Item 8. ORDINANCE SUMMARY ORDINANCE NO. 1704 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC., TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Columbia Heights, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City of Columbia Heights, Minnesota (the “City”) intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and interests of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic growth with the development and operation of a Cable System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee’s technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee’s plans for constructing and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws, and regulations; and 4. The Franchise granted to Grantee is nonexclusive. The specific terms and conditions of the Cable Franchise Agreement, Sections 1 to 16, and Exhibits are available for review at the offices of the City of Columbia Heights, 3989 Central Ave NE, Columbia Heights, MN 55421. 138 Item 8. ITEM: Resolution 2024-060 to Accept MN Department of Public Safety DWI Traffic Safety Officer Grant DEPARTMENT: Police BY/DATE: Captain Erik Johnston, September 3rd, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) x_Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community x_Strong Infrastructure and Public Services _Sustainable BACKGROUND The State of Minnesota, through the Department of Public Safety, has offered a DWI Traffic Safety Officer (TSO) grant to provide for increased DWI enforcement in high impact areas. Anoka County is one of the focus areas of the grant work due to the high number of alcohol related crashes and deaths. The police department applied and is in the process of being awarded the grant which will begin October 1st, 2024, and run through September of 2025. The grant can be reapplied for. The grant will cover up to $150,000 a year in salary and fringe for an officer to focus efforts on DWI enforcement, driver’s l icense violations, speed and distracted driving. Per the grant requirements, the TSO will be assigned to nighttime shifts to focus on when DWI activity is most prevalent. In 2023, the police department arrested 269 violators for DWI, which was a significant increase from the 105 in 2022. This program will aid in an officer focusing directly on traffic and roadway safety concerns as part of police department efforts to improve motorist and pedestrian safety. SUMMARY OF CURRENT STATUS The grant is in the process of being awarded at the state level and the grant work will begin on Octobe r 1, 2025. STAFF RECOMMENDATION CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9TH , 2024 139 Item 9. City of Columbia Heights - Council Letter Page 2 Staff recommend accepting the grant. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2024-060, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-060 accepting the Minnesota Department of Public Safety grant for the DWI Traffic Safety Officer of up to $150,000, and authorize and direct the execution of the grant agreements. ATTACHMENT(S): Resolution 2024-060 140 Item 9. City Council Resolution 2024-028 RESOLUTION NO. 2024-060 RESOLUTION TO ACCEPT $150,000 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DWI TRAFFIC SAFETY OFFICER GRANT AND AUTHORIZE THE EXECUTION OF THE GRANT AGREEMENT WHEREAS, the State of Minnesota Department of Public Safety has awarded the Columbia Heights Police Department the DWI Traffic Safety Officer grant in the amount of up to $150,000. WHEREAS, these funds shall be used towards enforcement of DWI and traffic safety laws in the City of Columbia Heights. WHEREAS, Captain Erik Johnston and Chief Matt Markham shall be authorized and directed to execute on behalf of the City the grant agreement and related amendments. WHEREAS, the City Council finds the offered grant to be in the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that the State of Minnesota Department of Public Safety grant noted above is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by Captain Erik Johnston or Chief Matt Markham, and provided that execution of the grant agreement by Captain Erik Johnston or Chief Matt Markgam shall be conclusive evidence of approval. ORDER OF COUNCIL Passed this _________ day of ______________________, 2024 Offered by: Seconded by: Roll Call: ________________________________ Mayor Amáda Márquez Simula Attest: __________________________________ Sara Ion, City Clerk/Council Secretary 141 Item 9. ITEM: Authorizing the Purchase a Fitness Court Studio from the National Fitness Campaign . DEPARTMENT: Public Works BY/DATE: City Forester – Natural Resource Specialist / September 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND The National Fitness Campaign (NFC) is a nonprofit organization dedicated to bringing free, outdoor fitness options to communities across the United States. The NFC partners with communities to build Fitness Courts, high-quality outdoor gyms, in public spaces and parks. The NFC partners with local corporate sponsors to provide grants to offset part of the cost of building a Fitness Court. This project was last discussed at the March 6, 2024, Council work session (minutes attached). SUMMARY OF CURRENT STATUS The City of Columbia Heights successfully applied for grant funding to become a partner community with the NFC for their 2024-2025 campaign in MN and build a Fitness Court Studio at Sullivan Lake Park. Blue Cross Blue Shield of MN will provide a $60,000 grant to the City of Columbia Heights, along with an additional $25,000 to pay for the public art component of the Fitness Court. The project is scheduled to be completed in 2025, with the official launch of the Fitness Court in summer of 2025. STAFF RECOMMENDATION Staff recommends approving the purchase of the Fitness Court Studio from the National Fitness Campaign in the amount of $135,000. RECOMMENDED MOTION(S): Move to Approve the purchase of a Fitness Court Studio from the National Fitness Campaign in the amount of $135,000. ATTACHMENT(S): Fitness Court Studio Quote NFC Sole Source Letter and Appendix CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 142 Item 10. City of Columbia Heights - Council Letter Page 2 March 6, 2024, Council work session minutes 143 Item 10. National Fitness Campaign LP |PO Box 2367,San Francisco CA 94126 |info@nfchq.com To Whom it May Concern, National Fitness Campaign LP (NFC)is a wellness consulting firm that cooperates with public and private organizations to build healthy communitie across America.The NFC initiative provides: ●A trademarked outdoor infrastructure product,the Fitness Court® ●Site Design and Strategic Planning services ●An integrated digital ecosystem,including the Fitness Court®Mobile App and Digital Training Library ●A certified ambassador training program to local volunteer trainers Municipalities,schools,and community organizations with public land may apply to join the National Fitness Campaign wellness initiative and bring the program to their approved site locations.This program is unique,and NFC is the only organization in the world that delivers these elements either individually,or as part of an integrated program.For the reasons listed in this document,the trademarked ownership of the system and healthy infrastructure,and the integrated nature of the initiative,including its services,products,tools and grant funding,it is commonly approved as a sole source across the United States. Analysis has been conducted by hundreds of cities and institutions across the country,who have concluded that the products and services have no equal,and determined their selected method of procurement is a Sole Source procurement,in accordance with local policies and requirements.This group includes cities like Sacramento California and Las Vegas Nevada,and institutions such as The University of Colorado at Boulder, where the Fitness Court®and associated tools and services were procured via sole source procurement, evidenced by public documentation and approvals.Further,the Fitness Court®is trademarked and owned by National Fitness Campaign. The integrated nature of the products and services is frequently grounds for sole source by many,but not all local requirements.Some agencies do require bids for procurement. There are three primary differentiators that commonly validate the sole source justification of the Fitness Court® and national campaign resources,which are described below.In addition to the descriptions of these three primary items,an appendix is provided as an attachment to this document that provides graphic aids and further detailed information regarding the differentiation of this program and its associated products and services. 1 -Trademarked Fitness Court®System A.The Fitness Court®is trademarked and owned by National Fitness Campaign LP. a.As such,this product cannot be procured from any other organization.Any organization seeking to fund and install a Fitness Court®must do so through National Fitness Campaign LP. i.See Appendix for Trademark Document from the United States Patent and Trademark Office B.The Fitness Court®and each element is manufactured only by National Fitness Campaign LP.It is impossible to not only procure the elements as a system,but individually.Every aspect of the Fitness Court®,including the functional design of all equipment,structural engineering,elements are the property of National Fitness Campaign LP.The individual elements are each named and registered with a unique design and serial number.Because the design of the elements is owned by National Fitness 144 Item 10. Campaign LP and not licensed to any other organization or distributor,it is not possible to procure them anywhere else. C.The Fitness Court®is available only in a single configuration,shown in the appendix material.The system includes over 118 unique elements,which acts as a full body training center,teaching people of all ages and fitness levels about how to stay fit and healthy in just 7 minutes a day.There is no variation in the layout of the elements.Elements can not be added or removed.Spacing cannot be altered.Like many integrated products,Individual elements can not be procured separately. D.The Fitness Court®has a specialized training envelope that accommodates more users per square foot than any other known system in the world.The Fitness Court®is a comprehensive outdoor circuit training system,laid out in 32’x32’of space,for a total of 1024 sq ft of training area.NFC’s patented design is able to support 28 simultaneous users on 30 integrated bodyweight training components, derived from the previously stated 118 elements.This configuration is impossible to re-create in only 1024 square feet without NFC’s proprietary design and components. E.The Fitness Court Studio is an optional addition to the Fitness Court which incorporates an additional 32'x32'outdoor studio.The Fitness Court Studio can only be procured in collaboration with the Fitness Court and provides 1024 Sq ft of additional rubberized floor space for versatile group-based activities such as dance,yoga,cardio fitness classes,PE classes and acts as a community hub for wellness-related activities such as art and meditation events.The Fitness Court and Fitness Court Studio combine to form a completely unique community wellness space that can fit up to 60 users simultaneously.When combined the Fitness Court and Fitness Court Studio are impossible to recreate due to NFC's proprietary design and components. F.Public Art Mural and Digital Engagement Wall a.Each Fitness Court®is designed as a one-of-a-kind work of art that includes a 32’x5.5’public art mural.The mural is an integral component of the Fitness Court design,and makes each Fitness Court®a one-of-a-kind public art installation. b.This artwork is produced specifically for the Fitness Court®,and to comply with manufacturing requirements of the Fitness Court®presentation surfaces. c.This artwork is unavailable through any other vendor,and is impossible to recreate to conform to important national standards and manufacturing requirements stated above in item b. d.Additionally,digital integration,safety information,and other details are provided as part of this artwork. e.All artwork is approved by NFC’s Grant Committee and partners. f.Further,the mural can be periodically re-designed and introduced,to create a rotating gallery of outdoor art to inspire people to engage in regular wellness activities. i.NFC provides integrated consulting and design services to assist in this process. g.Digital Engagement Wall i.The feature wall of the Fitness Court includes a custom digital engagement wall. 1.This wall provides digital QR codes and embedded,proprietary information regarding the use of the Fitness Court®and Fitness Court App. 2.This workout library is unavailable from any other organization because it is the IP of National Fitness Campaign LP. 3.Tracking Fitness Court®usage wouldn't be possible without the built in GPS tracking features available on the Fitness Court®digital engagement wall. 145 Item 10. h.NFC is unaware of any other outdoor fitness element that provides an integrated art mural of any kind. i.Further,NFC has an in-house art studio that designs,produces,and creates the art and custom graphics that are integrated into each Fitness Court.Fitness Court Compatible Graphics are only available from National Fitness Campaign LP. 2 -Fitness Court®App and Digital Tracking System Each Fitness Court®is supported by a mobile app called the Fitness Court®App.All IP,including the app itself are owned by National Fitness Campaign LP.The training resources,world-class workout programs,challenges and data analytics features are only available for Fitness Court®users and site partners.No other outdoor fitness equipment provides a mobile app with the following four primary features: A.Mark Lauren Training Series a.Mark Lauren is a US Special Operations Trainer and Bestselling Author.Mark Lauren has developed 18 proprietary workout programs specifically for the Fitness Court®system.They are only available on the Fitness Court®App.Mark Lauren has no other programs for outdoor fitness equipment available. B.Fitness Court®App Check-In Feature a.This is a proprietary feature that allows a user to check-in to their local Fitness Court,and build healthy habits. C.Annual Data Analytics Reporting a.Each site partner who builds a Fitness Court®is eligible to receive an annual data report tracking statistics of their Fitness Court®. b.To NFC’s knowledge,no other manufacturer of any type of outdoor exercise component provides a regular,annual report of key usage metrics using digital,GPS based systems. i.The Report is provided by NFC,and includes annual demographic data,user age ranges,Fitness Court app downloads and other important information. ii.This information is generated by NFC’s proprietary GPS based data analytics services for each Fitness Court®in America. D.See appendix for additional information regarding the Fitness Court®App. 3 -National Grant Funding National Fitness Campaign LP builds and maintains a multi-million dollar annual Grant Fund,supported each year by sponsors and partners of the campaign.This funding takes tremendous effort to build,and it is provided by the National Fitness Campaign and partners and sponsors to support the mission of making wellness infrastructure free and accessible across America in partnership with leading cities,schools and organizations. Funding varies from state to state and year to year. Some of the Campaign Sponsors and programs include: ●NFC Public Art Campaign ●National Certified Installer Network Dozens of State and Regional Sponsors,including,but not limited to: ●Blue Cross and Blue Shield of Illinois ●Blue Cross and Blue Shield of Kansas 146 Item 10. ●Priority Health ●MVP Health Care ●Renown Health ●Blue Cross and Blue Shield of New Mexico ●Blue Cross and Blue Shield of Texas ●Blue Cross and Blue Shield of Alabama ●Community Health Options ●Blue Cross and Blue Shield of Massachusetts ●Blue Cross and Blue Shield of Oklahoma To procure a Fitness Court®and participate in the campaign,an organization must complete a formal application and be approved for funding and participation.Each partner organization that succeeds in submitting a successful application is eligible to receive a variable Grant Award based on application merit which is deducted from the funds required for the NFC program from sponsors of the National Fitness Campaign. This funding is administered in the preferred method of receipt for each partner organization.Methods include a credit on final invoices for remaining funding,and direct grant disbursements provided by National Fitness Campaign. This funding is available for a limited number of partners in each state on an annual basis,and is awarded based on merit of application from a qualified site partner,including the requirement for the Fitness Court to build in a publicly accessible location that is highly visible,active,accessible to the community,and connected to pedestrian infrastructure. For more information,refer to the “NFC Organization Overview and Grant Funding Summary,and see: https://nationalfitnesscampaign.com/grants No other vendor,distributor or organization makes these materials available for procurement by any city,school, or organization.They must be acquired from National Fitness Campaign LP.If you have further questions regarding this sole source letter or require additional information,please contact us per the information provided on this letterhead. Sincerely, Mitch Menaged,Founder and Director National Fitness Campaign LP 147 Item 10. 148 Item 10. NFC : COMPREHENSIVE PROGRAM CAMPAIGN SUMMARY 21st Century Healthy Infrastructure National Fitness Campaign’s Fitness Court is the centerpiece to its holistic health and wellness initiative. The Fitness Court is an outdoor bodyweight circuit training center with functional fitness DNA. The best-in-class system provides a full-body workout to adults of all ability levels. With 7 functional fitness zones, the Fitness Court can be used in thousands of ways. The Fitness Court is the world’s best outdoor gym! Featured Stories Highlighted through Press and Local Media NFC Fitness Court Ambassador Training ACE Certified (America Council of Exercise) Free digital App Delivering Programing, Workouts & Content Strategic Planning & Feasibility Study, Site Design Consulting Sponsor Strategy, Best Practices, National Installation Team Support Spring/Summer/Fall national & local training, classes & challenges series Launch & Public RelationsAmbassador TrainingFitness Court AppStrategic Planning Studies Campaign Funding Support Annual Fitness Season ACTIVITY ANALYSIS | PHYSICAL Austin, TX Phase 1 Potential Sites Future Phase Expanded Network Farmers MarketNutrition Network FITNESS COURT WALKABILITY NUTRITION 10 M I N W A L K 20 M I N W A L K Walking Radius 10 Minute = .5 mile20 Minute = 1 mile SEAFITNESSSONĊÇĊĊ WORLD CLASS TRAINING World-class training videos will available on the Fitness Court App. SPRING CHALLENGE SERIES The Fitness Season culminates with local, regional and national challenges for residents. FALL WORLD CLASS TRAINING World-class training videos will available on the Fitness Court App. SUMMER 1 2 3 4 5 6 7 7 Minutes 7 Movements 149 Item 10. Integrated Sports Floor Each Fitness Court® includes an integrated sports floor made from durable 2’x2’ tiles which adhere directly to the concrete slab. Available in our standard NFC Blue or Gray to match any custom design. Top (Blue Option)Top (Grey Option) Made & Manufactured in the USA Designed by NFC in California. High Quality Dual-layer powder-coating carbon steel Durable Materials Tamper-resistant, galvanized & stainless steel bolts and fittings. Best In Class Anti-gra ti laminate vinyl decals Variable Footstrips Destabilized Push Rings Destabilized Pull Rings (2) Push Ladders (6) Box Jumps (8) Lunge Steps (4) Pull Ladders (2) Bend Stations Integrated Sports Floor Agility Station Support Wall 38’x3 8 ’ C o n c r e t e S l a b WORLD CLASS MATERIALS & SYSTEMFITNESS COURT 150 Item 10. H E A L T H YINFR A S T R UCTUR E Fitness Court® Description: 32’x35’ outdoor bodyweight circuit training system with the following components: FITNESS COURT® PROGRAM SUMMARY: All items and services below are delivered to approved partners as part of the Campaign. HEALTHY INFRASTRUCTURE CAMPAIGN SERVICES HEALTHY INFRASTRUCTURE DESIGN SERVICES GRANT FUNDING, CONSENSUS BUILDING, SPONSOR SUPPORT • Seven station circuit training system providing full-body workout modules • Fitness Court® body-weight training wall - 32’W x 2’D x 6’ H with custom graphics • Thirty pieces of body-weight fitness elements for simultaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations. • Bolts, attachments and anchors required for installation Fitness Court Surface - Tile Surface Specifications •Outdoor Sports Floor Size: 1,024 SF (32’x32’) •Color: NFC Blue •Thickness: 1” Tiles •ADA Border Included • All structural components are made from high-grade carbon steel • Structural components receive high-grade duel layer powder coating • All cladding (skins) made from high-grade aluminum and powder coated • Graphics and signage printed with anti-gra ti over-lamination material • Manufactured in the United States • Resilient to heavy, repeated daily use • Over 30 individual pieces of equipment • Powder-Coated Structural Components • Galvanized fittings and bolts - included • Stainless steel cables • Full installation guide provided • Warranty through NFC Fitness Court Specifications: Strategic Planning & Feasibility Study • City-wide impact analysis and master plan integration plan • Site Design and Visibility Analysis Custom Fitness Court Design Services & Construction & Installation Support • Customized Fitness Court powder-coating and decal design - no two Fitness Courts are the same! •Stamped and certified design plans, concrete slab drawings, and contractor management are provided by the NFC Activation Team. With all ready-to-build plans included, most installations require less than 90 days to complete from ground-breaking to launch. • NFC National Installation Partner Access (contracted separately) NFC Grant Funding Qualification • Access to qualify for NFC’s Grant Funding through NFC’s national partners to support seeding the program. Consensus Building Consulting • NFC has industry experts in project management, and from conception through execution, they will collaborate on an average of 2 intensive monthly planning calls to drive success. Sponsor Strategy Consulting Support •Custom renderings can by provided by NFC Design Team to support outreach to local sponsors and partners. Slide presentations can be provided for in-person meetings and internal stakeholder consensus-building. • Made for all climates • Almost no moving parts (only cables) • Equipment is anchor bolted into concrete • Replacement parts available through NFC • No requirement for disassembly in winter • Maintenance guide, including touch-up paint & necessary tooling included See O cial Warranty for Full Coverage Detail Warranty + Maintenance *Not Included The Fitness Court App Free mobile app for iOS / Android teaches proper use, routines and challenges to all users Learn the Moves: Discover the Fitness Court®’s 7 Movements — Core, Squat, Push, Lunge, Pull, Agility and Bend — to challenge and strengthen your body. Beginner, intermediate and advanced training videos demonstrate how users of any age or ability can use the Fitness Court®. Health Kit: Track personal health stats directly on the Fitness Court app. Statistics include: steps taken, average heart rate, time spent on the Fitness Court® and total calories burned. Find Your Fitness Court®: Search for your local Fitness Court® with the new Fitness Court® interactive map. Train: Take curated classes from one of our professional coaches. Classes are for adults of all levels and abilities. FITNESS COURT® APP • Learn: education modules provided by the NFC Training Team o ered remotely, and provide a range of class templates, coaching tips and more to qualified Ambassadors. • Train: classes, clinics and challenges led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption. • Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Fitness Court®. CERTIFIED AMBASSADOR TRAINING Programming and Training Tools Fitness Court® Ambassadors build and sustain a healthy culture around The Fitness Court® ecosystem Promotions and Marketing Package Media support and community engagement materials excite users and strengthen program adoption • • Grant Announcement Kit: promote the development of the program in your community with NFC support through traditional and social media channels - including a custom Press Release and outreach planning tools. • Launch Event Promotions Toolkit: announce the launch of the Fitness Court® on traditional media channels with a separate customized press release, outreach support and uniquely branded assets for social media. • NFC Website Feature Story: NFC-hosted custom storytelling showcases the partnership and program development in your community. • Fitness Court® Gear: gear and giveaways nurture Ambassador relationships, honor stakeholders and excite event attendees, to amplify launch activities. Opening Day Launch Support: NFC provides event management templates, guidance for launch event planning, and custom promotional materials (flyers, media assets). MEDIA, PRESS, & PROMOTIONS C A M PAIGN S E R VICES NFC 2022 CAMPAIGN SPECIFICATIONSPROGRAM SUMMARY • • Made for all climates • Almost no moving parts (only cables) • Equipment is anchor bolted into concrete • Replacement parts available through NFC • No requirement for disassembly in winter • Maintenance guide, including touch-up paint & necessary tooling included • • • 151 Item 10. FC 01NOT FOR CONSTRUCTION FC 01NOT FOR CONSTRUCTION FITNESS COURT™ SCHEMATIC DESIGN SET 152 Item 10. FC 02NOT FOR CONSTRUCTION FC 02NOT FOR CONSTRUCTION 06.30.17 153 Item 10. FC 02FC 03 06.30.17 NOT FOR CONSTRUCTION Rear Wall Elevation Front and Side Wall Elevation NFC FITNESS COURT SCHEMATIC ELEVATIONS NOTE: SPONSOR RECOGNITION, SIGN DESIGN NOT STANDARD - SHOWN FOR REFERENCE ONLY. ADDITIONAL DESIGN FEE MAY APPLY. Your Safety is of CORE importance. Use at your own risk. The Fitness Court is a public workout structure designed to help you live a long, healthy life. The best part is you don’t pay for SQUAT! Don’t PUSH yourself too hard. By using the Fitness Court, you assume responsibility for any resulting accidents, injuries, illnesses or conditions. Before you LUNGE into any new exercise program, consult a physician or qualified healthcare provider. Don’t PULL the children into this. You must be at least 14 years old and weigh less than 300 lbs to use the Fitness Court. Maintain AGILITY by wearing proper footwear and avoiding wet surfaces. Stop immediately if you feel dizzy or lightheaded. Be safe and have a good time. Please don’t BEND these rules. SAFETY WARNING Fitness Court PARKS DIRECTOR MELISSA FREENY MAYOR AJA BROWN Get the App Get a coach Share your moves Discover videos Take the challenge Join the Campaign Brought to you by National Fitness Campaign. tnesscourt.com Get the AppBrought to you by National Fitness Campaign. tnesscourt.com Get the App 7 Movements 7 Movements 7 Movements 7 BEND1 CORE 2 SQUAT 4 LUNGE 6 AGILITY5 PULL3 PUSH 4’ 7 / 1 6 ” 2’ 5” 3’ 1 3 7 / 1 0 0 ” 4’ 7 / 1 6 ” 3’ 1 3 7 / 1 0 0 ” 6’ 0 ” 4’ 1 1 / 1 0 0 ” 6’ 0 ” 2’ 5”32’ 1/2” 7’ 1 8 0 / 1 0 0 ” 3’ 1 3 7 / 1 0 0 ” 4’ 7 / 1 6 ” 32’ 1/2” 7’ 1 8 0 / 1 0 0 ” REAR ELEVATION - STANDARD DECAL FRONT AND SIDE ELEVATION - STANDARD DECALS NOTE: Sponsor Recognition shown for reference only. For Custom Decals, additional fee applies. 6’ 0 ” 7'-10 5/8"4'-11 1/4"6’-4 1/8”5'-11 1/8"6'-6 5/8" 31’-8” 0'-0 1/16" TYP. GAP Graphics Layout - In Context Scale: 100px = 12.00”Code: 02/22/2019 1 CORE 2 SQUAT 4 LUNGE 6 AGILITY5 PULL3 PUSH 7 BEND Join the CampaignGet the App Get a coach Discover videos Take the challenge Fitness Court WARNING Use At Your Own Risk You must be at least 14 years old to use the Fitness Court. Your safety is of CORE importance. The Fitness Court is a public workout structure designed to help you live a long, healthy life. The best part is you don’t pay for SQUAT! Don’t PUSH yourself too hard. By using the Fitness Court, you assume responsibility for any resulting accidents, injuries, illnesses or conditions. Before you LUNGE into any new exercise program, consult a physician or qualified healthcare provider. Don’t PULL the children into this. You must be at least 14 years old and weigh less than 300 lbs to use the Fitness Court. Maintain AGILITY by wearing proper footwear and avoiding wet surfaces. Stop immediately if you feel dizzy or lightheaded. Be safe and have a good time. Please don’t BEND these rules. SAFETY WARNING 7 Movements FITNESS COURT Created by National Fitness Campaign - San Francisco 1979Created by National Fitness Campaign - San Francisco 1979 FITNESS COURT San Francisco, CA JM-10-07 Brought to you by National Fitness Campaign. fitnesscourt.com Get the App 7 Movements Brought to you by National Fitness Campaign. fitnesscourt.com Get the App 7 Movements Graphics Layout - In Context 3'–1 3/4"3'–1 3/4" 32’-0” 48.00” 35.93” 72.15”72.15” 3'-3 1/2" 2'–8.65" 0'-2 13/16" 0'-3 3/16" 0'-3" 0'-3 1/8" 0'-2 15/16" 0'-3 3/16" 0'-3" 0'-3 1/8" 0'-2 15/16" 0'-3 3/16" 0'-3" 0'-3 1/8" 0'-3" 29”29”29”29” 48.00”48.00” 154 Item 10. NOT FOR CONSTRUCTION FC 03NOT FOR CONSTRUCTION FC 04 06.30.17 NFC FITNESS COURT LAYOUT PLYO BOX 1 PLYO BOX 3 (TALLEST) PLYO BOX 5 PUSH STATION QTY 2 BEND STATION TALL BEND STATION SHORT LUNGE STATION 2 QTY 8 LUNGE STATION 1 QTY 2 PULL STATION LEFT QTY 2 PULL STATION RIGHT QTY 2 WALL WITH ATTACHED WALL BRACKETS AND PULL CHAINS DOTS PATTERN QTY 2 (FLOOR MARKING) LADDER PATTERN (FLOOR MARKING) STATION NAME TEXT QTY 7 STATION NAMES (FLOOR MARKING) EQUIPMENT AND FLOOR MARKING LAYOUT PLYO BOX 2 PLYO BOX 4 PLYO BOX 6 (SHORTEST) NOTES: 1.DIMENSIONS SHOW CLEAR DISTANCE BETWEEN EQUIPMENT FOR ADA COMPLIANCE. 2.WALL BRACKETS ARE MOUNTED 54" ABOVE THE FLOOR. THIS DOCUMENT IS PROPERTY OF NFC (THE NATIONAL FITNESS CAMPAIGN). THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION AND MAY ONLY BE USED BY PERMISSION FROM NFC AND FOR THE PURPOSES AUTHORIZED BY NFC. DISCLOSURE, DUPLICATION, MODIFICATION, OR OTHER USE OF THIS DOCUMENT IS NOT PERMITTED WITHOUT THE PRIOR WRITTEN PERMISSION OF NFC.155 Item 10. SAN FRANCISCO, USA NATIONALFITNESSCAMPAIGN.COM INFO@NFCHQ.COM 415 702 4919 NATIONAL FITNESS CAMPAIGN 156 Item 10. 590 40th Avenue NE Columbia Heights, MN 55421 Bill To Columbia Heights, MNBill To Name 00001334Quote Number 11/13/2024Expiration Date 7/23/2024Created Date National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. 1. PAYMENT TERMS Purchaser will pay Seller 100% of the Purchase Price upon shipment of the Fitness Court©. Purchaser is responsible for payment of shipping costs, including packing, insurance and freight. These payment terms will apply unless other approved payment terms have been agreed to by both parties. Overdue Invoices will be subject to 2% interest charge per month. 2. TAX EXEMPTION This quoted total is based upon Purchaser's tax-exempt status, for which verifying documentation must be provided to the Seller. If the Purchaser is not tax-exempt, sales tax will be applied before Purchase Price is considered final or binding. 3. STANDARD WARRANTY AND TERMS NFC standard warranty and terms apply. See for details. nationalfitnesscampaign.com/warranty 4. PURCHASER OBLIGATIONS / TERMS AND CONDITIONS Purchaser acknowledges upon receipt of the Fitness Court© that they are responsible for the following items concerning the purchase of the Fitness Court© which includes Design, Activation, and Campaign Resources: Purchaser is responsible for providing storage of the Fitness Court© with insured protection, including liability, theft, or damage. A safe and environmentally controlled storage environment is required to store the tile adhesive. Store tile adhesive at temperatures between 50°F (10°C) and 100°F (38°C). NFC is not responsible for damage after receipt of goods by the Purchaser. Purchaser is responsible for (under a separate agreement) providing installation of the concrete slab footing, applicable ADA Access, Pour In Place or Tile Flooring installation, and Fitness Court© installation per the NFC Installation Manual, adhesive manufacturers recommendations, and local safety, permitting, building, and planning code requirements. Assembly Completion Certificate submission to NFC is required within 15 days of Fitness Court© Installation. A safe and environmentally controlled storage environment is required to store digital print graphics. NFC shall not be responsible for work performed by others. Purchaser to provide all on-site maintenance, safety, and security. Purchaser shall not allow any use of Fitness Court© until all Graphics are installed. Purchaser understands that the use of exercise equipment incurs risks that are voluntarily entered into. Terms of Use of the Fitness Court© by the public located at the purchaser's site shall be governed by the Purchaser in addition to the NFC minimum guidelines. Purchaser must maintain graphics and posted safety rules and regulations. Purchaser shall be responsible for site selection and all inherent risks associated with the choice of site selection, including risk to the general public. Purchaser acknowledges that all sponsors providing funding for the Fitness Court© shall not be held liable for any risk associated with the installation of or use of the Fitness Court©. Purchaser acknowledges that all product defects shall be covered by the contract manufacturer of the Fitness Court© and all defects related to the installation of the Fitness Court© shall be covered by the installer hired by the purchaser. Purchaser accepts risks and requirements as outlined in the approved Grant Funding Application as applicable. If the Purchaser is not the legal Land Owner, then they are required to ensure that the Land Owner is aware of and willing to abide by all Obligations / Terms and Conditions. Otherwise, they shall be responsible for these obligations, including Terms of Use. The same obligations and liabilities shall exist if the Fitness Court©, which includes Design, Activation, and Campaign Resources, is sold, $135,000.00Grand Total 0.0000%Tax % Description Quantity Total Price 2024 - Fitness Court® and National Campaign Resources 1.00 $160,000.00 Fitness Court® Studio Add-On 1.00 $35,000.00 Local Artist Collection - Premium Full Wrap Vinyl Mural with Custom Artwork & Artist's Bio 1.00 $25,000.00 NFC & Blue Cross Blue Shield Minnesota Local Artist Grant 1.00 -$25,000.00 NFC & Blue Cross Blue Shield Minnesota Studio Add-On Grant 1.00 -$10,000.00 NFC State Sponsor Grant 1.00 -$50,000.00 Terms 157 Item 10. 590 40th Avenue NE Columbia Heights, MN 55421 Bill To Columbia Heights, MNBill To Name 00001334Quote Number 11/13/2024Expiration Date 7/23/2024Created Date National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. acquired, assumed, transferred, or gifted to another party. The new party must be aware of and willing to abide by all Obligations / Terms and Conditions herein or they will retain responsibility. 5. LIMITS OF LIABILITY NFC’s total liability under this Agreement to Purchaser, its contractors, subcontractors, affiliates, partners, officers, directs, shareholders and employees (hereinafter “Affiliates”), for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this agreement from any cause or causes except for NFC’s intentional acts, is limited to the amount of money paid by Purchaser to NFC under this Agreement. Such causes include, but are not limited to, NFC's negligence, errors, omissions, strict liability, or breach of warranty. 6. OWNERSHIP OF DOCUMENTS All designs, intellectual properties, and related Campaign Services pertaining to the Fitness Court© belong solely to the National Fitness Campaign. All construction data, materials, or documents specifically prepared or assembled by NFC may be used by the Purchaser to aid in the storage, installation, and maintenance of the Fitness Court© only. 7. CHANGE ORDERS: Any changes in scope of work or Terms and Conditions shall be agreed upon in writing by both parties. 8. PURCHASER ACKNOWLEDGMENTS Purchaser acknowledges and accepts upon receipt of Fitness Court© all terms and conditions as described above, including Payment Terms, Terms of Tax Exempt Status, NFC Standard Warranty & Terms, Warranty Disclaimers, Purchaser Obligations, Limits of Liability, Ownership of Documents, and Change Orders. 158 Item 10. CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs Interim City Manager Kevin Hansen City Hall—Shared Vision Room, 3989 Central Ave NE Monday, March 04, 2024 6:00 PM MINUTES The following are the minutes for the Work Session Meeting of the City Council held at 6:00 pm on Monday, March 4, 2024, in the Shared Vision Room, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL The meeting was called to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember James, Councilmember Spriggs Also Present: Lenny Austin, Chief of Police; Aaron Chirpich, Assistant City Manager / Community Development Director; Mitch Forney, Community Development Coordinator; Liam Genter, City Forester; Kevin Hansen, Interim City Manager; Scott Lepak, City Attorney; Will Rotter, Communications and Engagement Coordinator; Kelli Wick, HR Director WORK SESSION ITEMS 1. Executive Session: Discussion of Labor Negotiation Strategy. Closed per Minn. Stat. 13D.03. ATTENDANCE INFORMATION: Move to recess to Closed Session pursuant to Minnesota Statutes Section 13D.03, members of the public will not be able to attend the executive session portion of the meeting. For questions regarding this notice, please contact City Administration at 763.706.3610. The City Council conducted a Closed Session to consider labor negotiation strategy. Motion by Councilmember James, seconded by Councilmember Spriggs to reconvene the meeting at 6:45 pm. All Ayes, Motion Carried 5-0. 2. Review Timeline for City Manager Search. Mayor Márquez Simula mentioned that Councilmember Buesgens has joined the conversation as the Council president. The Council will need to set a date and time to discuss the finalist for the City Manager search. Final interviews will occur April 16-17 and a second interview around April 25, 2024. The Council will have reports on the finalist and 159 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 2 will be able to review and see video interviews so that each Councilmember can rate their choice of candidates. Councilmember James suggested setting a date of April 1, 2024 during the work session to discuss the finalist for the City Manager role. Interim City Manager Hansen replied that there is a full agenda for the work session but staff could shift some items to the May work session. The Council agreed that April 4, 2024 at 7:00 pm would work to meet and discuss the final candidates and April 17, 2024 and April 18, 2024 at 1:00 pm to conduct final interviews. The Council agreed to meet on April 25, 2024 at 1:00 pm to conduct second interviews. 3. Revisions to City Code Section 5A.410 regarding Conduct on Licensed Premises/Crime Free/Drug Free and Disorderly Use Lease Requirements. Police Chief Austin reviewed how the Crime Free/Drug Free code is currently written. The Statute has changed from being on or near the premises to only applying to being specifically on the premises. The property maintenance code will need to be changed in order to reflect the new language but the process will remain the same. He explained that he read the DOJ letter that was sent to Anoka and noticed that Anoka does a lot that Columbia Heights does not do. He provided an example of when there is a call that generates a report on a rental, the report gets sent to the landlord. He added that the City only does this if there is a section of the Drug Free/Crime Free code that is violated. If the landlord is called and wanted a copy of the police report, they would have to file the data request. Councilmember James asked how the code helps the Police Department if other cities are repealing their codes regarding Conduct on Licensed Premises/Crime Free/Drug Free and Disorderly Use lease requirements as well as it being potentially discriminatory. Police Chief Austin replied that the main concern is the safety of the other tenants in a rental property. He explained that the Council has the final say on what actions are taken. He provided previous examples on when the City Code 5A.410 was used. Councilmember James asked who the violation letter is sent to. Police Chief Austin replied that it is sent to the landlord of a notice of violation. Unless there are three violations in a 12 month period, it is simply “on the books.” He added that the Police Department works with the landlord in order to come up with a solution. The Fire Department has been diligent to come up with systems in order to deal with their part of the process such as doing regular inspections and follow up with it. Because of this, there has been a dec rease in violation letters that have been sent out. Councilmember James mentioned that typically, there are fewer calls if it involves someone in the same culture. She added her appreciation for the explanation on why it is helpful for the Police Department to continue using the code instead of repealing it. Police Chief Austin added that the Police Department tires to scrutinize every call, in order to determine if it is a clear violation. 160 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 3 Police Chief Austin explained that the first reading would be ready for the City Council meeting next week. 4. Review of Grant Applications for Sullivan Park Trail and Fitness Court. Interim City Manager Hansen explained that the City started to seriously consider this item, the condition of the trail, and to find balance on serving a redeveloped site at Medtronic. City Forester Genter reviewed the grant applications for Sullivan Park Trail and Fitness Court. The first grant, the Outdoor Recreation Grant, is from the Department of Natural Resources and would be for the trail. The grant is available every year with the funding level varying each year and the activities need to focus on outdoor recreation. The award goes up to $350,000 and requires a 50% cost match from the grant match awardee. Staff are still researching the scope of the project for the trail but would like to put in new lighting in the future. The grant is due at the end of the month. Interim City Manager Hansen explained that the grant would be for 2025 or 2026 construction. Councilmember Buesgens asked if the City had the funds to match the grant. Interim City Manager Hansen replied that the City does and the funds would come from the Park Development Fund with about $600,000-$700,000 available. City Forester Genter stated the second grant is for a fitness court. The National Fitness Campaign is a nonprofit that began creating fitness courts which is an outdoor workout space that has seven different movement stations and is ADA accessible and compliant. In addition, on the other side of the wall would be a fitness court studio which would mirror the size but would be left blank in order to be used for fitness classes that could be hosted by Parks and Recreation or a resident could rent out the space. The fitness court could come with an art component in the form of a wrap and would be sponsored by BlueCross BlueShield. The sponsor has committed to local artists as well as a $50,000 grant towards a fitness court and a $25,000 for the wrap and paying the artist. City Forester Genter mentioned that BlueCross BlueShield has committed to funding ten communities in 2024 and it is on a rolling application basis. The grant would be awarded in 2024 and would begin construction in 2025. The classis fitness court is $160,000, the grant funding would be $50,000, the art component would be funded through the grant, and concrete and installation would be $25,000-$47,000. Councilmember Buesgens asked what the City’s responsibility would be. City Forester Genter replied it would be between $135,000-$177,000 and would come out of the Park Capital Fund. City Forester Genter explained that the studio fitness court would cost $185,000 with the City’s responsibility being between $167,500-$227,500. 161 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 4 Councilmember Jacobs asked if it was an option to build the original fitness court and add the studio section later. City Forester Genter replied that he was unsure. Councilmember Jacobs asked how reliable the material is in the climate. Interim City Manager Hansen replied that it is the same material that is used for playgrounds and would hold up. Councilmember Buesgens asked if the City could afford the fitness court with the studio addition. Interim City Manager Hansen replied that it is affordable. Councilmember James asked which option the Parks and Recreation Commission recommended. City Forester Genter replied that they were in favor of the larger option with the studio fitness court. Councilmember Buesgens suggested surrounding the fitness court with trees since this summer is expected to be hot and it could keep the surface cooler. City Forester Genter explained that Staff have met with the National Fitness Campaign representatives. They did an assessment on the City and identified a number of locations that would qualify for the grant funding at the maximum level. 5. Amending Resolution 2022-46 - No Mow May. Communications and Engagement Coordinator Rottler noted there is new research that supports No Mow May and asked how the Council would like to proceed. Councilmember Jacobs expressed her support of having No Mow May. Interim City Manager Hansen explained that if the Council is in favor of Less Mow May they would need to amend Resolution 2022-46. Councilmember Buesgens stated she is in support of Less Mow May. Councilmember Spriggs asked if there were any programs that promote pollinator pathways. Mayor Márquez Simula mentioned there was previous discussion about doing a program that is similar to the tree program by having the City provide pollinator friendly seeds. Interim City Manager Hansen recapped that the Council would like to see this item on the next Council meeting and to find ways to promote and make available ways to have pollinator options. Councilmember Buesgens requested staff find a spot where the public could see City Forester Genter do a sample. 6. Parks and Recreation Commission – Park Plan Update. Interim City Manager Hansen noted that the Parks and Recreation Commission would like to support park redevelopment but would need to update the Park Plan. In order to update 162 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 5 the Park Plan, the Parks and Recreation Commission will need to get public input. The first opportunity for public input will be at the City Expo. Staff propose to also provide a survey for the public regarding parks. He added that it may be an appropriate time to include questions regarding Murzyn Hall and what the community wou ld like to see. Councilmember Buesgens noted that the public may be more engaged if there are photos of the amenities they would like to see in the parks instead of simply answering questions. Interim City Manager Hansen replied that it was a great idea but most likely would not have time to get there by the first opportunity at the City Expo. Councilmember James mentioned that she saw other cities using QR codes in parks that lists a few survey questions so that the feedback could be from regular park attenders. Interim City Manager Hansen stated that Staff would come back to the Council in April with some proposed survey questions regarding Murzyn Hall. 7. Review of Board and Commission Applicants and Scheduled Interview Times on March 8th and March 11th. Councilmember Buesgens mentioned that she was available for both of those days to conduct interviews. Councilmember Spriggs noted that he was not available on March 8, but would try to get March 11 off from work so he could attend. He added if he could not get off work, he would read the applications and submit his rankings of each applicant. Interim City Manager Hansen stated that the interviews would begin at 1:00 pm on March 8th and 3:00 pm on March 11. 8. Council Corner. Updates from council regarding schedules, information sharing and priorities for continued education. HOME Line Email Discussion. Councilmember James asked if other Councilmembers were going to the City Day on the Hill and noted that Mayor Márquez Simula would also attend. She added if any of the Councilmembers had any issues they wanted to be brought to City Day on the Hill, she would be happy to say something on their behalf. Councilmember James stated that HOME Line provided a lot of details. She noted that the Council could discuss the just cause for termination and pre-eviction notice being 30 days as an ordinance. Councilmember Buesgens asked what the eviction rate was in the City. Interim City Manager Hansen replied that he did not know. 163 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 6 Mayor Márquez Simula explained that the Council would use the information to come up with some ideas and questions. Interim City Manager Hansen would then take the questions and ideas to Staff and then bring it back to the Council. Interim City Manager Hansen suggested that the Council come up with two or three topics that they would like to discuss. Councilmember James stated that she would like to discuss the 30-day pre-eviction notice, the just cause for termination, the renter opportunity to purchase, and the prohibition source of income. She added that she is against a crime free ordinance because it causes a lot of issues before the police are called. Mayor Márquez Simula suggested putting a date in the calendar to re-evaluate the crime free ordinance. Councilmember Spriggs stated in 2022, the City had 119 evictions out of 901 rental properties and 3,251 rental units. The 8.2 evictions in Anoka County were from Columbia Heights in 2022. Councilmember Buesgens mentioned there are a number of cities that have a requirement for rental property owners to pay for relocation benefits if they are doing any renovations on the building and she would be interested in discussing this more as a Council. Councilmember Buesgens stated she heard that City inspectors are not allowed to write “mold” in their inspections and asked if that was true. Interim City Manager Hansen replied that he was unsure. Councilmember Jacobs stated that her preference for discussion was the 30 -day pre- eviction, first right to purchase, and relocation benefits. The Council agreed to discuss all three of these items. Interim City Manager Hansen noted that in order to accomplish some of the HOME Line items, it may require additional staff. He emphasized the importance of the Council considering what it would cost tax payers to do projects. He added that the Council should lay out all of the potential projects and then decide together which ones they would like to focus on. The Council agreed. Councilmember Jacobs asked if Interim City Manager Hansen could include a list of how much Staff time each project would take. Councilmember Buesgens mentioned that projects take time and the hardest part is having patience during the projects. Mayor Márquez Simula added that the Council will be revisiting the goal setting. Interim City Manager Hansen replied that it could be possible to discuss the goal setting items during the May, June, or July work session. Councilmember Spriggs noted that with the State budget surplus, it is looking more like $3.8 billion instead of $1.7 billion. He wondered if it was possible to ask for a full ask of $25 million for the Public Works building due to the additional bonding. Interim City Manager 164 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 7 Hansen explained that with State bonding, they like to see a 50/50 match. The City can ask the lobbyist to have a conversation about receiving additional funds. Councilmember Spriggs mentioned that he was asked to sign a letter for the Legends for a bill that is coming up. He asked what access he had for the City’s letterhead. Interim City Manager Hansen replied that he did not have an answer from the City Attorney but from his perspective, the City’s letterhead is typically used when it is from the entire Council instead of one individual Councilmember. He suggested that the Council determine if is appropriate or not. Councilmember Jacobs asked Councilmember Spriggs if he was writing the letter as Councilmember or his personal name. Councilmember Spriggs replied that he was writing it as a Councilmember. Councilmember James stated that she is comfortable with it unless it says it is from the entire Council; in which case she would desire to have all of the Council agree to it. Councilmember Jacobs asked if Councilmember Spriggs could create his own letterhead as a Councilmember. Councilmember Spriggs replied that he was fine with that but did not know what the best formatting would be. Councilmember Buesgens added that it looks more professional if a letter comes with the letterhead and added that it makes sense to have each Councilmember have their own letterhead. She suggested taking the Councilmember names off of the letterhead if it is coming from an individual. Councilmember Jacobs agreed. Interim City Manager Hansen stated that he would speak with the City Attorney to get more guidance regarding the use of City letterhead. He clarified that the Council desires to have City letterhead and to simply remove the other Councilmember’s names if an individual Councilmember would like to use the letterhead. The Council agreed. Councilmember Spriggs asked if letters would need to be reviewed by the City Attorney before they are sent out if the City’s letterhead is used. Interim City Manager Hansen encouraged the Council to direct any questions they had to the City Attorney. Mayor Márquez Simula mentioned budget increases for Parks and Recreation staff and added that it would be great if they hired weekend staff to help with events and parks. Councilmember Jacobs wondered what the availability would be like since staffing was short the past two summers. Councilmember Buesgens asked if there were “adopt a park shelter” options. Councilmember James added that it would be nice to have staff for the park shelters to keep them clean. Councilmember Buesgens asked if there were enough trash receptacles at the parks. Interim City Manager Hansen explained that more trash receptacles have been added after 165 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 8 hearing public feedback. Councilmember Jacobs mentioned her experience is that the trash is not being taken out in a timely manner. Mayor Márquez Simula noted that it could be helpful to have a staff presence at a park to help handle any issues that may arise. Councilmember Buesgens asked why workers are required to be 18 years or older. Interim City Manager Hansen replied that for the Public Works Department, staff are required to be 18 years or older because they often drive a City vehicle. The Parks and Recreation Department does hire 16-17-year-olds. Mayor Márquez Simula suggested using the County work program and hire an 18-24-year- old that could oversee 16-17-year-olds. The City could apply through the County and th e County would pay for the entire program. She added that the Council would have to think about adding additional staff to the budget and then work with the County to see if they could find people to work. Councilmember Buesgens asked if it was possible for 16-17-year-old seasonal workers to do the job as long as they are with an employee that is 18 years or older. Interim City Manager Hansen replied that the City does not hire any Park staff seasonally if they are under 18 years old but the Recreation staff hire 16-17-year-old seasonal staff. Mayor Márquez Simula mentioned a soccer club that is a private school and City partnership. She wondered if this could be part of the Parks and Recreation program and wanted to discuss the item with the budget in the future. The Council discussed other programs that look similar to this model. Councilmember James suggested that the Council speak to different programs, such as the Frights, to learn how they are run privately through the school and the City. 9. Old Business. Follow up from Interim City Manager on items needing further resolution from the February Work Session. Interim City Manager Hansen mentioned that he had an update on the City Attorney which would be provided in writing and asked that if there were any questions to go directly to him. Interim City Manager Hansen added that staff would like to continue to recognize employes and have been in discussion about creating short videos to feature employees. Councilmember Jacobs asked if a feature could also be included in the newsletter. The Council agreed. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Spriggs to adjourn the meeting at 8:34 pm. All Ayes, Motion Carried 5-0. 166 Item 10. City of Columbia Heights MINUTES March 04, 2024 City Council Work Session Page 9 Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 167 Item 10. ITEM: Establish Date for 2024 Public Special Assessment Levy Hearing for 2024 Concrete Alley Construction, Project 2406, and Delinquent Accounts. DEPARTMENT: Public Works BY/DATE: Assistant City Engineer / September 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND The assessment hearings for Street Rehabilitation projects are held in the Fall of the construction year. In addition, unpaid special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2025 tax statement, the assessment hearing needs to be held on or before October 15, 2024. SUMMARY OF CURRENT STATUS Project 2406 is the reconstruction of the following five alleys from bituminous to concrete: • Jackson Street to Van Buren Street, 40th Avenue to 41st Avenue • Van Buren Street to Central Avenue, 40th Avenue to 41st Avenue • Monroe Street to Quincy Street, 44th Avenue to 45th Avenue • Polk Street to Taylor Street, 46th Avenue to 47th Avenue • Taylor Street to Fillmore Street, 46th Avenue to 47th Avenue This project is currently under construction and is anticipated to be substantially complete by the end of September 2024. STAFF RECOMMENDATION Staff is recommending Monday, October 7, 2024 for the Assessment Hearing for the following projects: 1. 2024 Concrete Alley Construction 2. 2024 Delinquent Accounts CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 168 Item 11. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to establish Monday, October 7, 2024 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project 2406, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 7, 2024 at 6:15 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. 169 Item 11. ITEM: Final Payment For Zone 6 & 7 Street Rehabilitation, MSA 47 th Avenue Mill And Overlay, And Gould Avenue Reconstruction, City Projects 2202, 2206, And 2208. DEPARTMENT: Public Works BY/DATE: Assistant City Engineer / September 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND Valley Paving was hired to complete the City’s 2022 Street Rehabilitation Program project. The work included the following: Project 2202: Street Rehabilitation Program, Zone 6 and 7 Partial reconstruction o Jackson Street, 40th Ave to 41st Ave o 41st Ave, Monroe St to Van Buren St o 42nd Ave, 7th St to Quincy St o 43rd Ave, 4th St to 6th St and 7th St to Washington St Mill and overlay o 5th St, 40th Ave to 41st Ave o 41st Ave, 7th St to Jefferson St and Van Buren St to Central Ave o 42nd Ave, University Ave to 7th St o 43rd Ave, 6th St to 7th St and Washington St to Quincy St o 3rd St, 44th Ave to 45th Ave Project 2206: Municipal State Aid Street Mill and Overlay 47th Ave, Central Ave to Fillmore St Project 2208: Partial Reconstruction Gould Ave, Central Ave to Peters Pl SUMMARY OF CURRENT STATUS The contractor has completed the 2022 Street Rehabilitation Program project, City projects 2202, 2206, and 2208. STAFF RECOMMENDATION CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 170 Item 12. City of Columbia Heights - Council Letter Page 2 Staff recommends final payment to the contractor, as work has been completed in accordance with the contract documents. RECOMMENDED MOTION(S): MOTION: Move to accept the work for 2022 Street Rehabilitation, City Projects 2202, 2206, and 2208, and authorize final payment of $44,215.14 to Valley Paving Inc. of Shakopee, Minnesota. ATTACHMENT(S): Engineer’s Report of Final Acceptance 171 Item 12. CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER’S REPORT OF FINAL ACCEPTANCE 2022 STREET REHABILITATION PROJECT ZONE 6 & 7, MSA 47TH AVE MILL & OVERLAY, GOULD AVE RECONSTRUCTION CITY PROJECT NUMBERS 2202, 2206, AND 2208 September 3, 2024 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Valley Paving, Inc. The work consisted of partial reconstruction and mill & overlay of local streets in Zones 6 & 7, MSA 47th Avenue, and Gould Avenue. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $1,728, 232.42 CHANGE ORDERS $208,743.88 FINAL CONTRACT AMOUNT $1,936,976.30 FINAL WORK APPROVED $1,890,591.10 ALL PRIOR PAYMENTS ($1,846,375.96) BALANCE DUE $44,215.14 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 172 Item 12. ITEM: Refuse Cart Purchase DEPARTMENT: Public Works BY/DATE: Public Works Director & Refuse Coordinator/ August 21st, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community x_Strong Infrastructure and Public Services x_Sustainable BACKGROUND One item of the Solid Waste Operating Policy or SWOP previously reviewed with the Council is the replacement of the 16,300 carts owned by the City. In 2017, the City purchased all the carts in the field from Advanced Disposal/Veolia. Most of those carts were manufactured in 2009. The City has several carts provided by Waste Management, but still owned by the City. Therefore, the City has a mix of cart brands, vendor labeling and cart ages currently in use in the City. A goal of the 2018 Solid Waste Operating Policy was to purchase City “branded” carts for residential use and that goal was reaffirmed in the 2022 update. The price of carts depends on: 1. The price of plastic resin at the time the carts are bid. 2. The size of the carts. 3. Special cart add-ons (e.g.: QR code for multi-language & instructions, four-color City logo, recycling instructions permanently imbedded in the lid, etc.). 4. The size of the cart order (volume discount). 5. Services accompanying cart purchase (assembly of carts, placement of carts at homes, removal of the old cart, construction of a database with the address, cart ID, education of customers, etc.). Staff evaluated carts from four manufacturers in 2022 and selected Rehrig-Pacific as the vendor in 2023. The cart lids colors are based on the MPCA color scheme for solid waste categories i.e. black for trash, blue for recycling, and brown for yard waste. All cart bodies are blue with white city logo print on the sides. SUMMARY OF CURRENT STATUS Staff is recommending carts from Rehrig-Pacific which are available from the cooperative purchasing organization, Sourcewell. 2023 was the first year of the five-year replacement program which replaced over 2,000 carts with our new city branded carts. The plan will be to phase in city branded carts as the current CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 173 Item 13. City of Columbia Heights - Council Letter Page 2 carts wear out or are exchanged for various reasons (worst-first). Staff plans to have all carts switched out over six or seven years or approximately 3,000/year. The Refuse Fund balance will be a factor in the number of years it takes to replace all the carts. STAFF RECOMMENDATION Authorize a purchase contract with Sourcewell for the purchase of 2,204 Rehrig-Pacific carts at cost of $116,064, not including shipping. Funding will be provided by the Refuse Fund. RECOMMENDED MOTION(S): MOTION: Move to approve the purchase of 2,200 carts through the Sourcewell Cooperative Purchasing Contract at a price of $116,064 with funding from the Refuse Fund 603 and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): SourceWell information from Rehrig-Pacific 174 Item 13. Cooperative Purchasing Compliant, Competitive, and Convenient Contracts for government, education, and nonprofits Accomplish More As a leader in cooperative purchasing, we are passionate about helping public agencies fulfill their public service missions. We are building stronger relationships with agencies and suppliers to develop practical solutions together. Learn how we can serve you. For contract documents and participating agency information, visit: sourcewell-mn.gov 877-585-9706 Supplier related questions: Jack Weber 949-254-5781 jweber@rehrig.com Rebecca Vara 610-909-5099 rvara@rehrig.com Compliant - Trusted process satisfies bid requirements - Government agency that works like you - Achievement of Excellence in Procurement recipient Competitive - Buying power of 50,000 participating agencies Convenient - More than 400 trusted brands under contract - Full catalog of options for a complete solution - Easy, no-cost registration to use Contract #041521-REH 175 Item 13. ITEM: Capital Equipment Replacement of Central Garage Band Saw. DEPARTMENT: Public Works BY/DATE: Vehicle Maintenance Supervisor / September 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND: In 2010, the shop maintenance supervisors removed the Central Garage's only bandsaw from service due to its age and overall condition. A replacement was intended but never purchased. ANALYSIS/CONCLUSION: A bandsaw is a power tool with a long, continuous blade consisting of a band of toothed metal stretched between two or more wheels. It is commonly used in heavy-duty service facilities that work on automotive and industrial repair services. The bandsaw can make curved or irregular cuts, which is essential for fabricating parts, trimming debris, and shaping materials to repair Public Works equipment. STAFF RECOMMENDATION: Staff recommends purchasing (1) DoALL 400-S Bandsaw from Sawing Products at 7916 Kerger Blvd in Chanhassen, Minnesota, through competitive pricing quotes as follows: Sawing Products: $25,240. NeoBits, Inc: $28,377. $37,500 was budgeted for in the Central Garage budget. RECOMMENDED MOTION(S): MOTION: Move to approve the acquisition of a DoALL 400-S purchased from Sawing Products located at 7916 Kerber Blvd in Chanhassen, Minnesota, for $25,240 through competitive alternate quotes, with funding provided by Central Garage fund 701.9950.42010 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 176 Item 14. ITEM: Capital Equipment Replacement of Unit #280: Caterpillar Model 247B2 Compact Track Loader with attachments and trailer. DEPARTMENT: Public Works BY/DATE: Public Works Director / September 4, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND: The 2008 Caterpillar 247B2 compact track loader, designated as Unit #280, was purchased in 2008 for $21,335.00 and has played a key role in the Street and Park Department operations. Unit #280's responsibilities in the Park Department include projects such as pathway construction, landscape grading and playground construction. Street department responsibilities include snow removal on public streets and parking lots, site grading of public areas and material handling as well as general support for various public works activities. SUMMARY OF CURRENT STATUS: Unit #280, now 16 years old, has incurred $50,738.00 in unscheduled parts, labor and repairs. The Municipal Service shop supervisor has rated the condition of Unit #2 80 as "fair to poor," highlighting the increased maintenance costs as the machine continues to age. After a detailed assessment of the Public Works Department's needs, the capital equipment replacement of Unit #280 and its attachments include: a 2024 Caterpillar 249D3 Compact Track Loader, a 2024 Felling FT14I-16T trailer for the purpose of hauling the new Compact Track Loader a Caterpillar MB250 Concrete Mixing Bucket and a Vernig TRP 11.5” Tree Puller. The Caterpillar 249D3 Compact Track Loader and the Felling FT14I-16T Trailer will be purchased off the State of Minnesota Cooperative Purchase Contract at a combined cost of $69,932.34. This price reflects the trade in of Unit #280 a 2008 Caterpillar Model 247B2 Compact Track Loader, Unit #2 a 1991 Lee Boy 1000 Asphalt Paver, and Unit #55 a 1991 Dakota Trailer with a combined total trade in value of $24,281.00 The 2024 approved Public Works budget has $109,000 established for this Capital Equipment replacement. RECOMMENDED MOTION(S): MOTION: Move to approve the acquisition of a 2024 Caterpillar 249D3 Compact Track Loader with attachments from Zeigler Cat in the amount of $54,811 including trade in; and a Felling FT14I-16T Trailer CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 177 Item 15. City of Columbia Heights - Council Letter Page 2 from Lano Equipment in the amount of $15,121 from the State of Minnesota Cooperative Purchase Contract, for a total expenditure of $69,932. Funding is provided from the Streets and Parks Capital Equipment Replacement Funds 431-3121 & 431-5200. 178 Item 15. ITEM: License Agenda. DEPARTMENT: Community Development BY/DATE: Sarah LaVoie 09/05/2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND Attached is the business license agenda for the September 9th, 2024, City Council meeting. This agenda consists of applications for 2024: Tree service, rental business license, Fuel Dispensing and Contractor licenses. At the top of the license agenda there is a phrase stating "*Signed Waiver Form accompanied application", noting that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. STAFF RECOMMENDATION RECOMMENDED MOTION(S): MOTION: Move to approve the items as listed on the business license agenda for September 9th, 2024, as presented. ATTACHMENT(S): 1. License Agenda 09/09/2024 CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 09/09/2024 179 Item 16. TO CITY COUNCIL September 9th, 2024. *Signed Waiver Form accompanied application CONTRACTOR LICENSES – 2024 *Pinnacle HVACR LLC 2271 Helmo CT N Oakdale MN 55128 $80 *4Front Energy 3230 Gorham Ave Ste 1 St Louis Park MN 55426 $80 TREE SERVICES – 2025 *FC Tree 831 129th Ave NE Blaine MN 55434 $80 FUEL DISPENSING – 2025 *Columbia Heights rental 3901 Central Ave NE Columbia Heights MN 55421 $50 MOTOR VEHICLE RENTAL/LEASING – 2025 *Columbia Heights rental 3901 Central Ave NE Columbia Heights MN 55421 $50 180 Item 16. ITEM: Rental Occupancy Licenses for Approval DEPARTMENT: Fire Department BY/DATE: Assist. Fire Chief Dan O’Brien/Sept. 9, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND: Consideration of approval of attached list of rental housing license applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for September 9, 2024, in that they have met the requirements of the Property Maintenance Code. ATTACHMENT: Rental Occupancy Licenses for Approval – 9-9-24 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE SEPTEMBER 9, 2024 181 Item 17. 182 Item 17. 183 Item 17. 184 Item 17. 185 Item 17. 186 Item 17. ITEM: Review of Bills. DEPARTMENT: Finance Department BY/DATE: September 9, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND The Finance Department prepares a list of all payments made for approval of the Council. STAFF RECOMMENDATION Approve payments since previous City Council Meeting. RECOMMENDED MOTION(S): MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,870,591.96. ATTACHMENT(S): List of Claims CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE SEPTEMBER 9, 2024 187 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 1/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 384.00 101.5129.43050SECURITY 080924-081024 JPMALLIED UNIVERSAL SECURITY SERVICES160446661483(A)MAIN08/29/2024 92.30 609.0000.14500081324 INVARTISAN BEER COMPANY37033881484(A)MAIN08/29/2024 1,280.90 609.0000.14500081324 INV37033891484(A) 908.15 609.0000.14500081624 INV37047821484(A) 2,281.35 (4.13)101.0000.20815060723 SUPPLIES TAXBELLBOY BAR SUPPLY01069145001485(A)MAIN08/29/2024 (4.13)101.0000.20815081421 INV01087507001485(A) 354.68 609.0000.14500081421 INV01087507001485(A) 241.63 609.9791.42171081421 INV01087507001485(A) 4.13 609.9792.42171060723 SUPPLIES TAX01069145001485(A) 592.18 508.00 609.0000.14500080724 INVBELLBOY CORPORATION02045878001486(A)MAIN08/29/2024 1,383.21 609.0000.14500081424 INV02046689001486(A) 29.00 609.9791.42199081424 INV02046689001486(A) 6.00 609.9792.42199080724 INV02045878001486(A) 1,926.21 6,372.00 603.9510.42930ORGANICS 0724BETTER FUTURES MNINV16051487(A)MAIN08/29/2024 182.00 609.0000.14500080624 INV 700297717BREAKTHRU BEVERAGE MN BEER LLC1170788701488(A)MAIN08/29/2024 158.00 609.0000.14500080624 INV 7002977171170769581488(A) 12,039.65 609.0000.14500080624 INV 7002977821170778891488(A) 29.35 609.0000.14500081324 INV 7002977821171813051488(A) 3,223.15 609.0000.14500081324 INV 7002977821171813041488(A) 26,626.55 609.0000.14500071624 INV 7002977171167546361488(A) 19,669.45 609.0000.14500073024 INV 7002977171169659961488(A) (51.20)609.0000.14500081224 INV 7002977824126089971488(A) (16.90)609.0000.14500081224 INV 7002977824126089981488(A) (263.50)609.0000.14500080724 INV 7002977174125807701488(A) (314.50)609.0000.14500080724 INV 7002977174125869001488(A) 61,282.05 602.00 609.0000.14500080924 INV 700297736BREAKTHRU BEVERAGE MN W&S LLC1171597161489(A)MAIN08/29/2024 719.10 609.0000.14500080924 INV 7002977361171597171489(A) 685.00 609.0000.14500080924 INV 7002977361171597181489(A) 3,854.50 609.0000.14500071924 INV 7002977171168356351489(A) 1,600.00 609.0000.14500081624 INV 7002977171172682931489(A) 512.97 609.0000.14500081624 INV 7002977171172682921489(A) 64.50 609.0000.14500081624 INV 7002977171172682941489(A) 313.23 609.0000.14500081624 INV 7002977171172682951489(A)188 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 2/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date (234.00)609.0000.14500073024 INV 7002977174125584651489(A) (1,062.50)609.0000.14500081524 INV 7002977174126199191489(A) 28.75 609.9791.42199071924 INV 7002977171168356351489(A) 34.50 609.9791.42199081624 INV 7002977171172682931489(A) 8.05 609.9791.42199081624 INV 7002977171172682921489(A) 3.45 609.9791.42199081624 INV 7002977171172682941489(A) 2.40 609.9791.42199081624 INV 7002977171172682951489(A) (2.30)609.9791.42199073024 INV 7002977174125584651489(A) (11.50)609.9791.42199081524 INV 7002977174126199191489(A) 29.90 609.9792.42199080924 INV 7002977361171597161489(A) 9.20 609.9792.42199080924 INV 7002977361171597171489(A) 6.90 609.9792.42199080924 INV 7002977361171597181489(A) 7,164.15 3,527.90 609.0000.14500081424 INBCAPITOL BEVERAGE SALES LP30228821490(A)MAIN08/29/2024 7,463.00 609.0000.14500072524 INV30144441490(A) 3,980.80 609.0000.14500080124 INV30173681490(A) 5,391.65 609.0000.14500080824 INV30204931490(A) 985.85 609.0000.14500081424 INV30229181490(A) 2,366.35 609.0000.14500082124 INV30261631490(A) (28.08)609.0000.14500081424 INV30228811490(A) (13.20)609.0000.14500072524 INV30144431490(A) (5.20)609.0000.14500080124 INV30173671490(A) (12.88)609.0000.14500080824 INV30204921490(A) 23,656.19 170.19 240.5500.42180LARGEPRINT BOOK ORDERCENGAGE LEARNING INC847630561491(A)MAIN08/29/2024 117.71 240.5500.42180LARGEPRINT BOOK ORDER847696471491(A) 287.90 23,536.27 411.9999.45180.1911CITY HALL FURNITURE FLUID INTERIORS927681492(A)MAIN08/29/2024 2,200.00 101.2100.44030TRAINING TRACKER SOFTWARE MEMBERSHIP 1 YEARFRONTLINE PUBLIC SAFETY SOLUTIONFL290091493(A)MAIN08/29/2024 112.00 609.0000.14500080824 INVJOHNSON BROTHERS LIQUOR CO.25997121494(A)MAIN08/29/2024 72.00 609.0000.14500080824 INV25997111494(A) 36.40 609.0000.14500080724 INV25985791494(A) 153.00 609.0000.14500080724 INV25985781494(A) 200.04 609.0000.14500080724 INV25985731494(A) 91.00 609.0000.14500080724 INV25985801494(A) 601.50 609.0000.14500080824 INV25997101494(A) 224.00 609.0000.14500080824 INV25997091494(A) 171.00 609.0000.14500081524 INV26042871494(A) 225.00 609.0000.14500081524 INV26042911494(A) 189 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 3/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 192.15 609.0000.14500081524 INV26042891494(A) 101.50 609.0000.14500081524 INV26042881494(A) 265.50 609.0000.14500081424 INV26031881494(A) 675.00 609.0000.14500081424 INV26031871494(A) 1,299.00 609.0000.14500081424 INV26031861494(A) 4,374.90 609.0000.14500080724 INV25985811494(A) 536.00 609.0000.14500081424 INV26031891494(A) 2,582.49 609.0000.14500080724 INV25985821494(A) 1,824.00 609.0000.14500081624 INV26053281494(A) 48.00 609.0000.14500081624 INV26053301494(A) 96.00 609.0000.14500081624 INV26053291494(A) 668.22 609.0000.14500081224 INV26011261494(A) 276.96 609.0000.14500081224 INV26011271494(A) 1.40 609.9791.42199081524 INV26042871494(A) 1.52 609.9791.42199081524 INV26042911494(A) 5.60 609.9791.42199081524 INV26042891494(A) 1.40 609.9791.42199081524 INV26042881494(A) 2.80 609.9791.42199081424 INV26031881494(A) 4.90 609.9791.42199081424 INV26031871494(A) 9.80 609.9791.42199081424 INV26031861494(A) 12.60 609.9791.42199081424 INV26031891494(A) 18.20 609.9791.42199081624 INV26053281494(A) 1.40 609.9791.42199081624 INV26053301494(A) 1.40 609.9791.42199081624 INV26053291494(A) 2.80 609.9792.42199080824 INV25997121494(A) 2.80 609.9792.42199080824 INV25997111494(A) 1.40 609.9792.42199080724 INV25985791494(A) 1.40 609.9792.42199080724 INV25985781494(A) 1.40 609.9792.42199080724 INV25985731494(A) 1.40 609.9792.42199080724 INV25985801494(A) 0.24 609.9792.42199080724 DEL25985711494(A) 11.20 609.9792.42199080824 INV25997101494(A) 2.80 609.9792.42199080824 INV25997091494(A) 51.80 609.9792.42199080724 INV25985811494(A) 18.20 609.9792.42199080724 INV25985821494(A) 7.00 609.9793.42199081224 INV26011261494(A) 5.60 609.9793.42199081224 INV26011271494(A) 14,994.72 338.12 240.5500.42189DVD ORDERMIDWEST TAPE5058822141495(A)MAIN08/29/2024 324.55 609.0000.14500080924 INVPHILLIPS WINE & SPIRITS INC68286631496(A)MAIN08/29/2024 99.20 609.0000.14500080924 INV68286621496(A) 190 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 4/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 152.00 609.0000.14500080924 INV68286611496(A) 310.75 609.0000.14500080924 INV68286601496(A) 308.00 609.0000.14500080924 INV68286591496(A) 319.55 609.0000.14500081624 INV68325531496(A) 56.10 609.0000.14500081624 INV68325521496(A) 179.60 609.0000.14500081624 INV68325511496(A) 40.00 609.0000.14500081624 INV68325501496(A) 132.00 609.0000.14500081624 INV68325491496(A) 8.40 609.9791.42199081624 INV68325531496(A) 1.40 609.9791.42199081624 INV68325521496(A) 4.20 609.9791.42199081624 INV68325511496(A) 1.40 609.9791.42199081624 INV68325501496(A) 4.20 609.9791.42199081624 INV68325491496(A) 4.20 609.9792.42199080924 INV68286631496(A) 2.80 609.9792.42199080924 INV68286621496(A) 1.40 609.9792.42199080924 INV68286611496(A) 15.40 609.9792.42199080924 INV68286601496(A) 9.80 609.9792.42199080924 INV68286591496(A) 1,974.95 854.68 609.0000.14500080824 INVSOUTHERN GLAZER'S25142821497(A)MAIN08/29/2024 359.90 609.0000.14500080124 INV25113961497(A) 976.00 609.0000.14500080124 INV25113951497(A) 300.00 609.0000.14500080824 INV25143001497(A) 457.50 609.0000.14500080824 INV25142961497(A) 765.00 609.0000.14500080824 INV25142941497(A) 1,664.75 609.0000.14500080824 INV25142871497(A) 1,189.00 609.0000.14500080824 INV25142971497(A) 1,619.37 609.0000.14500080824 INV25142931497(A) 2,246.24 609.0000.14500080824 INV25142951497(A) 552.20 609.0000.14500081524 INV25170831497(A) 280.00 609.0000.14500081524 INV25170871497(A) 113.94 609.0000.14500081524 INV25170881497(A) 314.90 609.0000.14500081524 INV25170751497(A) 132.72 609.0000.14500081524 INV25170761497(A) 108.00 609.0000.14500081524 INV25170811497(A) 159.52 609.0000.14500081524 INV25170801497(A) 2,242.44 609.0000.14500081524 INV25172281497(A) 477.50 609.0000.14500081524 INV25172291497(A) 1,574.37 609.0000.14500081524 INV25172311497(A) 170.12 609.0000.14500081524 INV25172321497(A) 257.25 609.0000.14500081524 INV25172301497(A)191 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 5/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 565.95 609.0000.14500081524 INV25170901497(A) 689.68 609.0000.14500081524 INV25170841497(A) 971.40 609.0000.14500081524 INV25170821497(A) 450.52 609.0000.14500081524 INV25170781497(A) 16.64 609.9791.42199080824 INV25142821497(A) 6.40 609.9791.42199080824 INV25142871497(A) 0.64 609.9791.42199081524 DEL25170771497(A) 5.33 609.9791.42199081524 INV25170831497(A) 7.68 609.9791.42199081524 INV25170871497(A) 0.75 609.9791.42199081524 INV25170881497(A) 1.28 609.9791.42199081524 INV25170751497(A) 0.64 609.9791.42199081524 INV25170761497(A) 3.20 609.9791.42199081524 INV25170811497(A) 1.49 609.9791.42199081524 INV25170801497(A) 14.08 609.9791.42199081524 INV25170901497(A) 8.96 609.9791.42199081524 INV25170841497(A) 8.96 609.9791.42199081524 INV25170821497(A) 10.24 609.9791.42199081524 INV25170781497(A) 2.56 609.9792.42199080124 INV25113961497(A) 20.48 609.9792.42199080124 INV25113951497(A) 7.68 609.9792.42199080824 INV25143001497(A) 3.20 609.9792.42199080824 INV25142961497(A) 1.28 609.9792.42199080824 INV25142941497(A) 6.40 609.9792.42199080824 DEL25142911497(A) 19.20 609.9792.42199080824 INV25142971497(A) 10.24 609.9792.42199080824 INV25142931497(A) 40.96 609.9792.42199080824 INV25142951497(A) 6.40 609.9792.42199080824 DEL25142981497(A) 14.08 609.9793.42199081524 INV25172281497(A) 7.68 609.9793.42199081524 INV25172291497(A) 10.24 609.9793.42199081524 INV25172311497(A) 3.84 609.9793.42199081524 INV25172321497(A) 6.40 609.9793.42199081524 INV25172301497(A) 19,739.88 272.00 609.0000.14500080924 INVWINE MERCHANTS74839591498(A)MAIN08/29/2024 4.20 609.9792.42199080924 INV74839591498(A) 276.20 103.67 609.0000.14500080624 INV56 BREWING LLC5626821200069MAIN08/29/2024 4,634.93 701.9950.44020ANNUAL PM & DOOR REPAIRS-MSCA DYNAMIC DOOR CO INC22407101200070MAIN08/29/2024 192 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 6/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 35.86 101.3100.43050YELLOW JACKET NESTADAM'S PEST CONTROL, INC3979876200071MAIN08/29/2024 35.86 101.3121.43050YELLOW JACKET NEST3979876200071 35.86 101.5200.43050YELLOW JACKET NEST3979876200071 35.86 101.6102.43050YELLOW JACKET NEST3979876200071 35.87 601.9600.43050YELLOW JACKET NEST3979876200071 35.86 701.9950.43050YELLOW JACKET NEST3979876200071 215.17 589.50 101.5001.43050TOTAL BODY CONDITIONING 071024-081424ALFERNESS/DONNA M081424200072MAIN08/29/2024 100.00 240.5500.430500624 NOTICESANOKA COUNTY LIBRARY1734200073MAIN08/29/2024 100.00 240.5500.430500724 NOTICES1735200073 19.00 240.5500.430500724 DISC CLEANING1733200073 76.36 240.5500.430500324 CATALOGING1732200073 295.36 21.75 101.2200.42010NAR6595A ANTENNA ANOKA COUNTY TREASURERAR022317200074MAIN08/29/2024 1.00 432.0000.20120UB refund for account: 100-0360-00-02ANWAR KAMAL08/19/2024200075MAIN08/29/2024 1.01 433.0000.20120UB refund for account: 100-0360-00-0208/19/2024200075 27.90 601.0000.20120UB refund for account: 100-0360-00-0208/19/2024200075 19.23 602.0000.20120UB refund for account: 100-0360-00-0208/19/2024200075 9.83 603.0000.20120UB refund for account: 100-0360-00-0208/19/2024200075 6.17 604.0000.20120UB refund for account: 100-0360-00-0208/19/2024200075 65.14 692.20 101.2100.42172COAT, ULTERATIONS, PATCHES, PANTS, SHOES, BELTASPEN MILLS, INC.337623200076MAIN08/29/2024 11.00 101.2100.42172VELCRO, PATCH REMOVAL337628200076 165.20 101.2100.42172VEST SHIRTS, PATCHES, POLO, EMBROIDERY337558200076 650.00 101.2100.42172PATCHES337445200076 226.78 101.2100.42172SHIRT, EMBROIDERY, PANTS, PATCHES337907200076 734.33 101.2100.42172UNIFORM337893200076 624.70 101.2100.42172UNIFORMS338051200076 111.70 101.2200.42172BADGE338010200076 3,215.91 11.33 601.9600.43211072524 287307857001AT&T MOBILITY II, LLC28730785700108032024200077MAIN08/29/2024 11.33 602.9600.43211072524 28730785700128730785700108032024200077 11.34 604.9600.43211072524 28730785700128730785700108032024200077 34.00 19.66 240.5500.42180BOOK ORDERBAKER & TAYLOR2038461936200078MAIN08/29/2024 862.62 240.5500.42180BOOK ORDER2038474621200078 996.97 240.5500.42180BOOK ORDER2038472253200078 193 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 7/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 7.95 240.5500.42180BOOK ORDER2038484337200078 57.49 240.5500.42180BOOK ORDER2038488722200078 523.22 240.5500.42180BOOK ORDER2038492368200078 2,467.91 144.00 609.0000.14500080224 INVBANGSTAD BREWING COMPANY LLC12112200079MAIN08/29/2024 140.00 609.0000.14500081224 INVBARREL THEORY BEER COMPANY5212200080MAIN08/29/2024 2,934.95 701.0000.141101000 GAL DYED DIESEL FUEL BEAUDRY OIL & SERVICE INC.2691457200081MAIN08/29/2024 3,186.95 701.0000.141101000 GAL DYED DIESEL FUEL 2686952200081 6,121.90 346.00 609.0000.14500081224 INVBERGMAN LEDGE LLCE-15706200082MAIN08/29/2024 13,471.50 101.3100.43050.2407SS4A ACTION PLANBOLTON & MENK, INC0342871200083MAIN08/29/2024 252.00 609.0000.14500081424 INVBOURGET IMPORTS LLC209646200084MAIN08/29/2024 7.00 609.9791.42199081424 INV209646200084 259.00 9.19 432.0000.20120UB refund for account: 208-0205-00-03BRENNAN BROOKS08/19/2024200085MAIN08/29/2024 9.18 433.0000.20120UB refund for account: 208-0205-00-0308/19/2024200085 124.33 601.0000.20120UB refund for account: 208-0205-00-0308/19/2024200085 96.98 602.0000.20120UB refund for account: 208-0205-00-0308/19/2024200085 88.92 603.0000.20120UB refund for account: 208-0205-00-0308/19/2024200085 55.84 604.0000.20120UB refund for account: 208-0205-00-0308/19/2024200085 384.44 300.00 609.0000.14500081324 INVBUCHINV/2024/01131200086MAIN08/29/2024 2,925.00 101.2100.43050EMPLOYMENT BACKGROUNDSCARDINAL INVESTIGATIONSCHPD24-5200087MAIN08/29/2024 85.43 101.2100.438308268239-4CENTERPOINT ENERGY8268239-4200088MAIN08/29/2024 85.43 101.2200.438308268239-48268239-4200088 360.67 101.5129.438308000014661-58000014661-5200088 92.42 101.5200.438308000014661-58000014661-5200088 98.65 101.9200.438308000014661-58000014661-5200088 74.10 240.5500.4383010570341-710570341-7200088 51.00 601.9600.438308000014661-58000014661-5200088 18.08 602.9600.438309644612-69644621-6200088 98.29 609.9791.438308000014661-58000014661-5200088 95.90 609.9792.438308000014661-58000014661-5200088 22.51 609.9793.438308000014661-58000014661-5200088 48.03 609.9793.438306402970054-56402970054-5200088 194 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 8/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 123.97 701.9950.438308000014661-58000014661-5200088 1,254.48 750.00 101.2200.43105FIRE APPARATUS OPERATOR CENTURY COLLEGE1244799200089MAIN08/29/2024 1.08 101.0000.20120UB refund for account: 207-0595-00-01CHERYL MANGEN08/19/2024200090MAIN08/29/2024 1.08 432.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 1.08 433.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 30.07 601.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 20.67 602.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 10.46 603.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 6.57 604.0000.20120UB refund for account: 207-0595-00-0108/19/2024200090 71.01 1.39 432.0000.20120UB refund for account: 112-0305-00-03CHRISTOPHER LUEBKE08/19/2024200091MAIN08/29/2024 1.39 433.0000.20120UB refund for account: 112-0305-00-0308/19/2024200091 41.88 601.0000.20120UB refund for account: 112-0305-00-0308/19/2024200091 28.53 602.0000.20120UB refund for account: 112-0305-00-0308/19/2024200091 31.70 603.0000.20120UB refund for account: 112-0305-00-0308/19/2024200091 8.45 604.0000.20120UB refund for account: 112-0305-00-0308/19/2024200091 113.34 38.29 101.5129.44020MOPS JPM 081324CINTAS INC4201797740200092MAIN08/29/2024 38.29 101.5129.44020MOPS JPM 0820244202510357200092 33.16 701.9950.42172UNIFORM RENTAL 0812244201753310200092 31.99 701.9950.42172UNIFORM RENTAL, RUGS, TOWELS 0819244202378435200092 35.25 701.9950.44020UNIFORM RENTAL, RUGS, TOWELS 0819244202378435200092 176.98 128.00 240.5500.44020WINDOW CLEANING LIB 073024CITY WIDE WINDOW SERVICE INC736960200093MAIN08/29/2024 444.29 101.2200.42171GAS CYLINDERSCLAREYS SAFETY EQUIPMENT INC212647200094MAIN08/29/2024 24.54 101.1110.43250081524 934571297COMCAST212645805200095MAIN08/29/2024 34.36 101.1320.43250081524 934571297212645805200095 53.99 101.1510.43250081524 934571297212645805200095 4.91 101.1940.43250081524 934571297212645805200095 132.53 101.2100.43250081524 934571297212645805200095 122.71 101.2200.43250081524 934571297212645805200095 58.90 101.3100.43250081524 934571297212645805200095 19.63 101.3121.43250081524 934571297212645805200095 9.82 101.5000.43250081524 934571297212645805200095 34.36 101.5129.43250081524 934571297212645805200095 9.82 101.5200.43250081524 934571297212645805200095 195 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 9/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 9.82 201.2400.43250081524 934571297212645805200095 24.54 204.6314.43250081524 934571297212645805200095 9.82 225.9844.43250081524 934571297212645805200095 201.24 240.5500.43250081524 934571297212645805200095 9.82 601.9600.43250081524 934571297212645805200095 9.82 602.9600.43250081524 934571297212645805200095 652.36 609.9791.43250081524 934571297212645805200095 627.81 609.9792.43250081524 934571297212645805200095 613.09 609.9793.43250081524 934571297212645805200095 9.82 701.9950.43250081524 934571297212645805200095 132.51 720.9980.43250081524 934571297212645805200095 2,806.22 11.34 101.2100.43250080324 8772105050213657COMCAST080324200096MAIN08/29/2024 401.25 240.5500.44020TROUBLESHOOT LIBRARY AHU NOT COOLINGCONTROLOGIX SERVICES, INC.24-116200097MAIN08/29/2024 144.71 609.0000.14500081424 INVCRYSTAL SPRINGS ICE LLC918200098MAIN08/29/2024 92.48 609.0000.14500081524 INV932200098 4.00 609.9791.42199081524 INV932200098 4.00 609.9793.42199081424 INV918200098 245.19 2,244.70 701.0000.14120BATTERY CHARGERSCUMMINS INCE4-62680200099MAIN08/29/2024 332.00 609.0000.14500080724 INVDANGEROUS MAN BREWING CO LLCIN-4820200100MAIN08/29/2024 359.00 609.0000.14500072424 INVIN-4609200100 486.00 609.0000.14500081424 INVIN-4863200100 1,177.00 500.00 101.2100.43105RADAR & LIDAR INSTRUCTOR CLASS 102824-110124DIRECT RADAR LIDAR TESTING INC110124200101MAIN08/29/2024 89.33 101.3121.42171COMBOCADE BARRICADESEARL F ANDERSEN INC0137066-IN200102MAIN08/29/2024 89.34 101.3170.42171COMBOCADE BARRICADES0137066-IN200102 89.34 101.5200.42171COMBOCADE BARRICADES0137066-IN200102 89.34 601.9600.42171COMBOCADE BARRICADES0137066-IN200102 357.35 63.25 101.1320.43500AD - HEALTH, DENTAL, L&D INSURANCE BIDS 081624ECM PUBLISHERS INC1012003200103MAIN08/29/2024 74.75 201.2400.43500PHN ORD #1703 0816241012004200103 57.50 201.2400.43500PHN SITE REVIEW 999 50TH AVE 0816241012001200103 57.50 201.2400.43500PHN CUP 604 40TH AVE 0816241012002200103 253.00 17.34 432.0000.20120UB refund for account: 205-0590-00-03EDWARD H RICHARDSON08/19/2024200104MAIN08/29/2024 196 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 10/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 17.34 433.0000.20120UB refund for account: 205-0590-00-0308/19/2024200104 234.24 601.0000.20120UB refund for account: 205-0590-00-0308/19/2024200104 182.80 602.0000.20120UB refund for account: 205-0590-00-0308/19/2024200104 167.57 603.0000.20120UB refund for account: 205-0590-00-0308/19/2024200104 105.22 604.0000.20120UB refund for account: 205-0590-00-0308/19/2024200104 724.51 683.00 346.7000.46200CONTINUING DISCLOSUREEHLERS & ASSOCIATES INC98464200105MAIN08/29/2024 683.00 347.7000.46200CONTINUING DISCLOSURE98464200105 683.00 348.7000.46200CONTINUING DISCLOSURE98464200105 683.00 349.7000.46200CONTINUING DISCLOSURE98464200105 685.00 395.7000.46200CONTINUING DISCLOSURE98464200105 683.00 639.7000.46200CONTINUING DISCLOSURE98464200105 4,100.00 1.00 432.0000.20120UB refund for account: 104-0730-00-02ELIZABETH MUELLENBACH08/19/2024200106MAIN08/29/2024 0.99 433.0000.20120UB refund for account: 104-0730-00-0208/19/2024200106 39.53 601.0000.20120UB refund for account: 104-0730-00-0208/19/2024200106 26.15 602.0000.20120UB refund for account: 104-0730-00-0208/19/2024200106 9.64 603.0000.20120UB refund for account: 104-0730-00-0208/19/2024200106 6.05 604.0000.20120UB refund for account: 104-0730-00-0208/19/2024200106 83.36 630.00 603.9530.42920PLASTIC RECYCLING 0724EMERGE ENTERPRISES432200107MAIN08/29/2024 36.71 601.9600.43050ANNUAL ENROLLMENTS 0724FIRST ADVANTAGE LNS SCREEN INC2504562407200108MAIN08/29/2024 405.02 701.0000.14120FILTERSFLEETPRIDE INC119025007200109MAIN08/29/2024 42.90 701.0000.14120FILTER119048824200109 57.52 701.0000.14120FILTERS119084861200109 27.90 701.9950.42171HYDRAULIC LINE PLUGS119136080200109 151.24 701.9950.4217155GAL BARREL PUMP119136675200109 5.82 701.9950.42171HYDRAULIC PLUGS119158217200109 690.40 4,500.00 272.2100.42010FLOCK SAFETY FALCON FLEX, ADDL BATTERY PACKFLOCK GROUP, INC.INV-45721200110MAIN08/29/2024 0.66 432.0000.20120UB refund for account: 100-0570-00-03GLADYS DEDE AKITI08/19/2024200111MAIN08/29/2024 0.66 433.0000.20120UB refund for account: 100-0570-00-0308/19/2024200111 15.62 601.0000.20120UB refund for account: 100-0570-00-0308/19/2024200111 11.00 602.0000.20120UB refund for account: 100-0570-00-0308/19/2024200111 6.44 603.0000.20120UB refund for account: 100-0570-00-0308/19/2024200111 4.04 604.0000.20120UB refund for account: 100-0570-00-0308/19/2024200111 38.42 197 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 11/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 843.00 609.0000.14500080624 INVGLOBAL RESERVE LLCORD-11006200112MAIN08/29/2024 1,107.00 609.0000.14500081524 INVGRAPE BEGINNINGS INCMN00152740200113MAIN08/29/2024 11.50 601.0000.20120UB refund for account: 110-0535-00-01GULF HOLDINGS LLC08/19/2024200114MAIN08/29/2024 6.97 602.0000.20120UB refund for account: 110-0535-00-0108/19/2024200114 68.99 603.0000.20120UB refund for account: 110-0535-00-0108/19/2024200114 87.46 573.07 701.9950.42010HYDRAULIC BOTTLE JACKSHANCO CORP.139640-00200115MAIN08/29/2024 476.56 701.9950.42011SCAN TOOL SOFTWAREHOGLUND BUS COMPANYX225026144:01200116MAIN08/29/2024 4,374.65 609.0000.14500080924 INVHOHENSTEINS INC741872200117MAIN08/29/2024 4,238.90 609.0000.14500081624 INV743989200117 201.55 609.0000.14500081624 INV743988200117 8,815.10 385.00 883.5500.43050081324 JAPANESE BINDINGHOLT/ERIN081324200118MAIN08/29/2024 3,165.00 415.6400.43050.2406MATERIAL TESTING CONCRETE ALLEYS PROJECT 2406INDEPENDENT TESTING TECH, INC.44091200119MAIN08/29/2024 3,757.50 415.6400.43050.2406MATERIAL TESTING CONCRETE ALLEYS PROJECT 240644256200119 6,922.50 75.00 609.0000.14500081424 INVINSIGHT BREWING COMPANY, LLC17329200120MAIN08/29/2024 450.00 609.0000.14500080224 INV17202200120 140.00 609.0000.14500081424 INV17459200120 150.00 609.0000.14500081424 INV17220200120 862.22 609.0000.14500082024 INV17627200120 1,677.22 2,000.00 101.1110.44376MUSIC IN THE PARK 082824IPSO FACTO082824200121MAIN08/29/2024 2,545.00 101.1940.44020ADD CABLES & PIPING TO GENERATOR-CITY HALLJ. BECHER & ASSOC INC2413067-F200122MAIN08/29/2024 355.00 240.5500.44020REPLACE DRIVERS-LIB2413075-F200122 2,900.00 1.35 432.0000.20120UB refund for account: 108-0660-00-05JACKIE WURSTER08/19/2024200123MAIN08/29/2024 1.34 433.0000.20120UB refund for account: 108-0660-00-0508/19/2024200123 26.02 601.0000.20120UB refund for account: 108-0660-00-0508/19/2024200123 18.89 602.0000.20120UB refund for account: 108-0660-00-0508/19/2024200123 13.00 603.0000.20120UB refund for account: 108-0660-00-0508/19/2024200123 8.16 604.0000.20120UB refund for account: 108-0660-00-0508/19/2024200123 68.76 0.72 432.0000.20120UB refund for account: 103-0095-00-06JOEL CARSON08/19/2024200124MAIN08/29/2024 198 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 12/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 0.72 433.0000.20120UB refund for account: 103-0095-00-0608/19/2024200124 26.71 601.0000.20120UB refund for account: 103-0095-00-0608/19/2024200124 17.79 602.0000.20120UB refund for account: 103-0095-00-0608/19/2024200124 6.97 603.0000.20120UB refund for account: 103-0095-00-0608/19/2024200124 4.38 604.0000.20120UB refund for account: 103-0095-00-0608/19/2024200124 57.29 10.58 432.0000.20120UB refund for account: 202-0898-00-01JOYCE KNUTSON08/19/2024200125MAIN08/29/2024 10.57 433.0000.20120UB refund for account: 202-0898-00-0108/19/2024200125 143.12 601.0000.20120UB refund for account: 202-0898-00-0108/19/2024200125 111.61 602.0000.20120UB refund for account: 202-0898-00-0108/19/2024200125 102.38 603.0000.20120UB refund for account: 202-0898-00-0108/19/2024200125 64.23 604.0000.20120UB refund for account: 202-0898-00-0108/19/2024200125 442.49 525.00 101.1320.43050JOB EVAL AND GRADINGKEYSTONE COMPENSATION GRP LLC1204200126MAIN08/29/2024 435.00 101.2100.42171GLOCK MAGAZINESKIESLER POLICE SUPPLY INCIN244432200127MAIN08/29/2024 775.00 604.9600.44000STORMWATER POND VEGETATION MGMTLANDBRIDGE ECOLOGICAL, INC.2698200128MAIN08/29/2024 184.37 101.2100.43250LANGUAGE LINE 0624LANGUAGELINE SOLUTIONS11339891200129MAIN08/29/2024 159.65 101.2100.43250LANGUAGE LINE 072411368592200129 344.02 1,130.28 101.2100.43250TRANSLATION SVCS 0724LIONBRIDGE TECHNOLOGIES, LLC63298200130MAIN08/29/2024 211.00 609.0000.14500080924 INVLUCID BREWING LLCIN-240868200131MAIN08/29/2024 650.00 101.2100.44000 PAINT DOOR, TOUCH UP TRIM - PDLUCIOW/ALLEN081024200132MAIN08/29/2024 52.60 101.0000.20810REFUND PARTIAL DAMAGE DEPOSITMACHUCA PENA/JAIME081625200133MAIN08/29/2024 647.40 101.0000.34781REFUND PARTIAL DAMAGE DEPOSIT081625200133 700.00 652.81 701.0000.14120105 AH AGM BATTERIESMAGNACHARGE BATTERY USA72IA307423200134MAIN08/29/2024 30.09 101.3100.44000COPIER MAINT 072524-102424MARCO, INCINV12741056200135MAIN08/29/2024 30.09 101.3121.44000COPIER MAINT 072524-102424INV12741056200135 30.09 101.5200.44000COPIER MAINT 072524-102424INV12741056200135 30.09 601.9600.44000COPIER MAINT 072524-102424INV12741056200135 30.09 602.9600.44000COPIER MAINT 072524-102424INV12741056200135 30.10 701.9950.44000COPIER MAINT 072524-102424INV12741056200135 180.55 193.54 603.0000.20120UB refund for account: 201-0550-00-03MATTHEW BOREY08/19/2024200136MAIN08/29/2024 199 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 13/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,118.88 609.0000.14500081524 INVMAVERICK BEVERAGE COMPANY MINNESOTAINV1332508200137MAIN08/29/2024 1,037.94 609.0000.14500082024 INVINV1335805200137 7.50 609.9791.42199081524 INVINV1332508200137 4.50 609.9791.42199082024 INVINV1335805200137 2,168.82 742.56 101.3121.42171DIAMOND BLADESMCCLELLAN SALES INC020431200138MAIN08/29/2024 267.60 601.9600.42173GLOVES020351200138 1,010.16 428.25 609.0000.14500080924 INVMCDONALD DISTRIBUTING CO762130200139MAIN08/29/2024 474.95 609.0000.14500080924 INV761649200139 262.50 609.0000.14500081624 INV763340200139 1,165.70 0.00 101.2100.42171HOSE, MERCHANDISE CREDIT CKMENARDS CASHWAY LUMBER-FRIDLEY07312024200140MAIN08/29/2024 7.54 101.2100.42171DAMPRID14183200140 23.94 101.5129.42171LIGHTERS, WASP KILLER13324200140 119.80 101.5200.42171MULCH9401200140 15.93 228.6317.42171BOLTS, STEEL12394200140 5.92 601.9600.42171HOSE CLAMP 13611200140 9.98 602.9600.421718" HUB ADJUSTABLE SHEAR13475200140 184.90 603.9530.42171ORGANIC BUCKETS12545200140 99.53 604.9600.42171TOTE, WIRE BRUSH,SPRAY PAINT, DUST PAN, CORN BROOM12676200140 84.95 701.9950.42171LIGHT STRIPS13150200140 552.49 209.34 603.0000.20120UB refund for account: 112-0195-00-01MICHAEL EGGERTH08/19/2024200141MAIN08/29/2024 78.52 701.0000.14120MIRROR GLASSMIDWAY FORD842677200142MAIN08/29/2024 31.80 701.0000.14120TIRE VALVE STEMS843130200142 110.32 344.88 101.6102.42171UTILITY TOOL BAG, POCKET BOY SAW, STEEL KLETT, OIL BAR & CHAINMINNEAPOLIS SAW CO INC183729200143MAIN08/29/2024 57,008.00 101.2100.45180MOBIL PRO 3100 TRAILER SYSTEM #8244MOBILE PRO SYSTEMS3-1217-2905200144MAIN08/29/2024 415.50 609.0000.14500080824 INCMODIST BREWING CO LLCE-52816200145MAIN08/29/2024 170.00 609.0000.14500080124 INVE-52594200145 585.50 240.00 609.0000.14500082024 INVMOOSE LAKE BREWING CO.MW34-002200146MAIN08/29/2024 34,775.00 101.6102.440002024 TREE REMOVAL 042824NICK'S TREE SERVICE INC21-5200147MAIN08/29/2024 200 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 14/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 5,180.00 101.6102.44000TREE REMOVAL 0614241070200147 39,955.00 5,072.00 101.2100.44020REPLACE COMPRESSOR BNORTHLAND REFRIGERATION INCORPORATE5116200148MAIN08/29/2024 5,072.00 101.2200.44020REPLACE COMPRESSOR B5116200148 730.92 240.5500.44020A/C REPAIR LIBRARY 5111200148 355.00 609.9793.44020TROUBLESHOOT COOLER FREEZING UP-TV33901200148 11,229.92 6,225.85 225.9844.43050PRINT NEWSLETTER FALL 2024NYSTROM PUBLISHING COMPANY INC48080200149MAIN08/29/2024 120.74 240.5500.42000COMMAND STRIPS, PAPER, PENSOFFICE DEPOT377116118001200150MAIN08/29/2024 795.00 609.0000.14500081424 INVOLD WORLD BEER LLC10534200151MAIN08/29/2024 250.00 609.0000.14500080524 INVOLIPHANT BREWING LLCIN-1298200152MAIN08/29/2024 222.00 101.5129.44100SATELLITE RENT-MCKENNAON SITE SANITATION INC0001757140200153MAIN08/29/2024 250.00 101.5200.44100DAMAGED/DESTROYED -REGULAR RESTROOM0001752840200153 74.00 101.5200.44100SATELLITE RENT-OSTRANDER0001757141200153 74.00 101.5200.44100SATELLITE RENT-LOMIANKI000175139200153 220.00 101.5200.44100SATELLITE RENT-HUSET0001757138200153 74.00 101.5200.44100SATELLITE RENT-HUSET0001757137200153 146.00 101.5200.44100SATELLITE RENT-SILVER LAKE0001757136200153 220.00 101.5200.44100SATELLITE RENT-RAMSDELL0001757135200153 74.00 101.5200.44100SATELLITE RENT-PRESTEMON0001757134200153 74.00 101.5200.44100SATELLITE RENT-GAUVITTE0001757133200153 74.00 101.5200.44100SATELLITE RENT-LABELLE0001757132200153 74.00 101.5200.44100SATELLITE RENT-KEYES0001757131200153 220.00 101.5200.44100SATELLITE RENT-SULLIVAN 0001757130200153 74.00 101.5200.44100SATELLITE RENT-MCKENNA0001757129200153 146.00 101.5200.44100SATELLITE RENT-HUSET0001757128200153 2,016.00 170.24 601.0000.20120UB refund for account: 214-0350-00-02PAYTON HOSCH08/19/2024200154MAIN08/29/2024 438.00 101.2100.42171NITRILE GLOVESPH&S PRODUCTS, LLC0017429-IN200155MAIN08/29/2024 15.33 601.9600.43210080424-10013125POPP.COM INC992844036200156MAIN08/29/2024 15.33 602.9600.43210080424-10013125992844036200156 15.33 604.9600.43210080424-10013125992844036200156 45.99 19.44 609.9792.42171081524 WATERPREMIUM WATERS INC310269363200157MAIN08/29/2024 693.50 609.0000.14500081624 INVRED BULL DISTRIBUTION CO INC5012522530200158MAIN08/29/2024 201 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 15/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 470.80 609.0000.14500081524 INV2012522531200158 1,164.30 18.85 101.2100.44000SHREDDING 061724ROHN INDUSTRIES INC0026384200159MAIN08/29/2024 18.85 101.2100.44000SHREDDING 0715240028180200159 18.85 101.2100.44000SHREDDING 0812240030321200159 26.85 101.2200.44000SHREDDING 0617240026384200159 26.85 101.2200.44000SHREDDING 0715240028180200159 26.85 101.2200.44000SHREDDING 0812240030321200159 137.10 1,000.00 884.0000.15510INSURANCE SERVICE 0924ROSS NESBIT AGENCIES, INC090124200160MAIN08/29/2024 2,929.85 720.9980.44020ADD BACKIN IN OFFICE & REROCK/PAINTRTL CONSTRUCTION, INC24.197FF200161MAIN08/29/2024 3,666.00 604.9600.44100TROMMEL RENTAL 071124-071224RUFFRIDGE-JOHNSON EQUIP. INC.RA01071200162MAIN08/29/2024 3,553.50 101.1320.43050SAFETY SERVICESSAFEASSURE CONSULTANTS INC3614200163MAIN08/29/2024 1,187.08 101.3121.43105SAFETY SERVICES3614200163 1,187.08 101.5200.43105SAFETY SERVICES3614200163 1,187.08 601.9600.43105SAFETY SERVICES3614200163 1,187.07 602.9600.43105SAFETY SERVICES3614200163 1,187.07 604.9600.43105SAFETY SERVICES3614200163 1,187.07 701.9950.43105SAFETY SERVICES3614200163 10,675.95 2,999.99 101.5200.42160PLAYGROUND SURFACING - HUSETSAFETYFIRST PLAYGROUND MAINTENANCE9497200164MAIN08/29/2024 79.96 101.5129.44020PREVENT MAINT 0824 SCHINDLER ELEVATOR CORP INC8106674378200165MAIN08/29/2024 185.22 609.9791.44020PREVENT MAINT 0824 TV#1 8106672536200165 265.18 25.69 101.5200.421715GAL CANS, PUMP PROTECTORSHERWIN WILLIAMS8314-9200166MAIN08/29/2024 9,878.75 603.9510.42930YARD WASTE PICKUP 072224-072624SHOREVIEW HUNKS LLCYW017-2024200167MAIN08/29/2024 9,878.75 603.9510.42930YARD WASTE PICKUP 072924 - 080224 YW018-2024200167 9,878.75 603.9510.42930YARD WASTE PICKUP 080524-080924YW019-2024200167 9,878.75 603.9510.42930YARD WASTE PICKUP 081224-081624YW020-2024200167 39,515.00 172.00 609.0000.14500080624 INVSTEEL TOE BREWING LLC56510200168MAIN08/29/2024 222.00 609.0000.14500080824 INV56544200168 215.00 609.0000.14500072524 INV56283200168 609.00 202 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 16/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 0.50 432.0000.20120UB refund for account: 102-0445-00-04STEVEN G SCOTT08/19/2024200169MAIN08/29/2024 0.49 433.0000.20120UB refund for account: 102-0445-00-0408/19/2024200169 28.23 601.0000.20120UB refund for account: 102-0445-00-0408/19/2024200169 8.31 602.0000.20120UB refund for account: 102-0445-00-0408/19/2024200169 11.32 603.0000.20120UB refund for account: 102-0445-00-0408/19/2024200169 3.02 604.0000.20120UB refund for account: 102-0445-00-0408/19/2024200169 51.87 2,552.00 272.2100.42010HOLSTERS, BELT SLIDE EXPANSION STREICHER'S GUN'S INC/DONI1715243200170MAIN08/29/2024 256.25 204.6314.43050EDA MINUTES 080524TIMESAVER OFF SITE SECRETR INCM29401200171MAIN08/29/2024 95.75 101.5200.44000LAWN SVC-RAMSDELL BALL FIELD 072324TRUGREEN CHEMLAWN197630463200172MAIN08/29/2024 66.30 240.5500.44000LAWN SVC-LIB 071924197630464200172 125.18 609.9791.44000LAWN SVC-TV1 071724 & TV2 071924197630465200172 104.93 609.9792.44000LAWN SVC-TV1 071724 & TV2 071924197630465200172 392.16 441.33 601.9600.42010ELECTRODEUSABLUEBOOKINV00373797200173MAIN08/29/2024 299.00 609.0000.14500072324 INVVENN BREWING COMPANY6816200174MAIN08/29/2024 83.33 609.0000.14500082024 INV6996200174 382.33 160.91 101.3100.43211080124 342019817-00001VERIZON WIRELESS9970362295200175MAIN08/29/2024 154.54 101.3121.43211080124 342019817-000019970362295200175 154.54 101.5200.43211080124 342019817-000019970362295200175 41.23 101.6102.43211080124 342019817-000019970362295200175 329.27 601.9600.43211080124 342019817-000019970362295200175 329.27 602.9600.43211080124 342019817-000019970362295200175 20.61 603.9520.43211080124 342019817-000019970362295200175 20.62 603.9530.43211080124 342019817-000019970362295200175 48.44 604.9600.43211080124 342019817-000019970362295200175 43.44 701.9950.43211080124 342019817-000019970362295200175 41.23 705.9970.43211080124 342019817-000019970362295200175 1,344.10 886.12 101.2100.43250081024 742128747-00001VERIZON WIRELESS9971184662200176MAIN08/29/2024 132.50 101.2100.44020ANNUAL FIRE ALARM INSPECTION-PSBVIKING AUTOMATIC SPRINKLER1025-F369575200177MAIN08/29/2024 157.50 101.2100.44020ANNUAL EMERGENCY LIGHTS -PS1025-F371611200177 132.50 101.2200.44020ANNUAL FIRE ALARM INSPECTION-PSB1025-F369575200177 157.50 101.2200.44020ANNUAL EMERGENCY LIGHTS -PS1025-F371611200177 580.00 203 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 17/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,038.00 609.0000.14500080824 INVVINOCOPIA INC0355963-IN200178MAIN08/29/2024 1,548.00 609.0000.14500080824 INV0355964-IN200178 27.00 609.9791.42199080824 INV0355963-IN200178 32.50 609.9792.42199080824 INV0355964-IN200178 3,645.50 8,142.12 603.9510.42930YARD WASTE & ORGANICS 070124WASTE MANAGEMENT OF WI-MN INC0000033-4651-7200179MAIN08/29/2024 1,228.52 701.0000.14120ROTORS, BRAKE PADSWHOLESALE TRUCK-TRLR PRTS INC2504450210200180MAIN08/29/2024 300.24 701.0000.14120BRAKE ROTORS2504452252200180 1,528.76 9.28 101.2200.4381051-4217828-3XCEL ENERGY (N S P)1124132008200181MAIN08/29/2024 12.50 101.3160.4381051-7867950-21122729818200181 140.42 101.3160.4381051-7867659-81122722922200181 97.75 101.3160.4381051-0014819919-21123016715200181 151.47 101.5129.4381051-4697130-61122922743200181 12.99 101.5200.4381051-9597586-91122737844200181 88.49 101.5200.4381051-0012266105-31122763032200181 81.19 101.5200.4381051-0010057576-71122746085200181 39.61 101.5200.4381051-0011039127-71122949022200181 11.49 101.5200.4381051-8042065-31123159391200181 197.86 101.5200.4381051-7654903-41124167976200181 148.56 101.5200.4381051-5950185-01123834628200181 158.64 212.3190.4381051-0011980129-41122757481200181 38.83 212.3190.4381051-9893848-41122744332200181 630.20 228.6317.4381051-0013059132-81122994882200181 219.71 602.9600.4381051-0013099828-31123009251200181 150.55 604.9600.4381051-0010836533-81122968620200181 640.26 609.9792.4381051-8335212-31123514511200181 58.59 609.9793.4381051-0014068181-71123009341200181 1,516.98 609.9793.4381051-4436024-51122890823200181 4,405.37 5.19 101.0000.20120UB refund for account: 109-0605-00-04ZANE WYBEST08/19/2024200182MAIN08/29/2024 5.17 432.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 5.17 433.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 70.00 601.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 54.59 602.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 138.53 603.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 31.41 604.0000.20120UB refund for account: 109-0605-00-0408/19/2024200182 310.06 204 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 18/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,485.88 609.9791.43810SOLAR POWERARES NEE HOLDINGS, LLC17-0007941499(A)MAIN09/05/2024 1,690.73 609.9792.43810SOLAR POWER17-0007941499(A) 4,176.61 847.80 609.0000.14500082024 INVARTISAN BEER COMPANY37052181500(A)MAIN09/05/2024 301.60 609.0000.14500082324 INV37064701500(A) 1,120.45 609.0000.14500082324 INV37064691500(A) 2,269.85 21.00 609.0000.14500081424 INVBELLBOY BAR SUPPLY01087509001501(A)MAIN09/05/2024 211.50 609.9792.42171081424 INV01087509001501(A) 232.50 1,186.00 609.0000.14500081424 INVBELLBOY CORPORATION02046691001502(A)MAIN09/05/2024 27.00 609.9792.42199081424 INV02046691001502(A) 1,213.00 3,497.50 408.6414.43050DECONSTRUCTION WORK 3851 CENTRAL AVE BETTER FUTURES MNINV16151503(A)MAIN09/05/2024 29.35 609.0000.14500082624 INV 700297782BREAKTHRU BEVERAGE MN BEER LLC1173953351504(A)MAIN09/05/2024 5,799.80 609.0000.14500081724 INV 7002977821172871101504(A) 18,011.65 609.0000.14500081324 INV 7002977171171833211504(A) 93.45 609.0000.14500082124 INV 7002977361173193501504(A) 294.05 609.0000.14500081324 INV 7002977171171833201504(A) 182.00 609.0000.14500082324 INV 7002977171173734101504(A) 312.20 609.0000.14500082024 INV 7002977171172914741504(A) 12,866.80 609.0000.14500081424 INV 7002977361172118801504(A) 72.60 609.0000.14500082024 INV 7002977171172934811504(A) (164.90)609.0000.14500082624 INV 7002977824126568331504(A) (2.20)609.0000.14500082624 INV 7002977824126568341504(A) (25.60)609.0000.14500081624 INV 700297717412667951504(A) (30.00)609.0000.14500081624 INV 7002977174126267961504(A) (157.85)609.0000.14500081924 INV 7002977364126329401504(A) (5.38)609.0000.14500080724 INV 7002977174125807751504(A) (2.29)609.0000.14500080724 INV 7002977174125807741504(A) (2.29)609.0000.14500080724 INV 7002977174125807731504(A) (5.20)609.0000.14500080724 INV 7002977174125807721504(A) (12.40)609.0000.14500080724 INV 7002977174125807711504(A) (25.60)609.0000.14500080824 INV 7002977174125938581504(A) (1.63)609.0000.14500080824 INV 7002977174125938601504(A) (12.80)609.0000.14500080824 INV 7002977174125938591504(A) (13.20)609.0000.14500081224 INV 7002977174126089961504(A) (11.20)609.0000.14500081224 INV 7002977174126089951504(A)205 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 19/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 37,189.36 2,233.01 609.0000.14500072624 INV 700297736BREAKTHRU BEVERAGE MN W&S LLC1169464101505(A)MAIN09/05/2024 174.89 609.0000.14500082324 INV 7002977171173812681505(A) 151.27 609.0000.14500082324 INV 7002977171173727951505(A) 666.50 609.0000.14500082324 INV 7002977171173812691505(A) 4.60 609.9791.42199082324 INV 7002977171173812681505(A) 0.19 609.9791.42199082324 INV 7002977171173727951505(A) 35.65 609.9791.42199082324 INV 7002977171173812691505(A) 24.15 609.9792.42199072624 INV 7002977361169464101505(A) 3,290.26 5,084.00 609.0000.14500082124 INVCAPITOL BEVERAGE SALES LP30261331506(A)MAIN09/05/2024 2,824.04 609.0000.14500081524 INV30236141506(A) 4,422.15 609.0000.14500082224 INV30267411506(A) (135.00)609.0000.14500082124 INV30261321506(A) (43.15)609.0000.14500081524 INV288610761506(A) (74.40)609.0000.14500082224 INV30267401506(A) 12,077.64 309.37 101.2100.43810SOLAR POWERHINTERLAND CSG, LLCSP-035-0002601507(A)MAIN09/05/2024 309.37 101.2200.43810SOLAR POWERSP-035-0002601507(A) 618.74 599.75 609.0000.14500082224 INVJOHNSON BROTHERS LIQUOR CO.26089131508(A)MAIN09/05/2024 1,410.00 609.0000.14500081524 INV26042951508(A) 147.20 609.0000.14500081524 INV26042941508(A) 171.00 609.0000.14500081524 INV26042921508(A) 57.00 609.0000.14500081524 INV26042901508(A) 885.00 609.0000.14500081624 INV26053321508(A) 1,976.00 609.0000.14500081624 INV26053311508(A) 420.00 609.0000.14500081424 INV26031921508(A) 108.00 609.0000.14500081424 INV26031911508(A) 708.00 609.0000.14500081424 INV26031901508(A) 668.22 609.0000.14500081224 INV26011361508(A) 1,973.76 609.0000.14500081224 INV26011371508(A) 14.00 609.9791.42199082224 INV26089131508(A) 36.40 609.9792.42199081524 INV26042951508(A) 1.40 609.9792.42199081524 INV26042941508(A) 1.40 609.9792.42199081524 INV26042921508(A) 1.40 609.9792.42199081524 INV26042901508(A) 12.60 609.9792.42199081624 INV26053321508(A) 19.60 609.9792.42199081624 INV26053311508(A) 206 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 20/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 9.80 609.9792.42199081424 INV26031921508(A) 1.40 609.9792.42199081424 INV26031911508(A) 5.60 609.9792.42199081424 INV26031901508(A) 7.00 609.9792.42199081224 INV26011361508(A) 36.40 609.9792.42199081224 INV26011371508(A) 9,270.93 201.16 101.2100.43810SOLAR POWERMADISON ENERGY INVESTMENTS IV LLCSP-151-0001841509(A)MAIN09/05/2024 236.67 101.2100.43810SOLAR POWERSP-150-0001841509(A) 201.16 101.2200.43810SOLAR POWERSP-151-0001841509(A) 236.67 101.2200.43810SOLAR POWERSP-150-0001841509(A) 875.66 86.92 101.9200.43810SOLAR POWERMADISON ENERGY INVESTMENTS LLCSP-001-0003251510(A)MAIN09/05/2024 658.30 101.2100.42010ARUBA AP-635PARAGON DEVELOPMENT SYSTMS INC152398591511(A)MAIN09/05/2024 75.50 609.0000.14500081624 INVPHILLIPS WINE & SPIRITS INC68325561512(A)MAIN09/05/2024 465.50 609.0000.14500081624 INV68325551512(A) 220.00 609.0000.14500081624 INV68325541512(A) 1.40 609.9792.42199081624 INV68325561512(A) 4.20 609.9792.42199081624 INV68325551512(A) 7.00 609.9792.42199081624 INV68325541512(A) 773.60 1,758.11 415.6450.44000OUTSIDE STORAGE RMVL 072524-0731241-800-GOT-JUNK?41200183MAIN09/05/2024 1,460.77 415.6450.44000OUTSIDE STORAGE RMVL 061924-06252437200183 2,653.40 415.6450.44000OUTSIDE STORAGE RMVL 072324-0242440200183 5,872.28 1,004.15 609.0000.14500081224 INVAMERICAN BOTTLING COMPANY4849900366200184MAIN09/05/2024 2,494.50 101.2100.42170CHALLENGE COINSAMERICAN SOLUTIONS FOR BUSINESSINV07576800200185MAIN09/05/2024 37.50 101.2100.43250BROADBAND CONN 0824ANOKA COUNTYB240816G200186MAIN09/05/2024 37.50 101.2200.43250BROADBAND CONN 0824B240816G200186 18.75 101.3100.43250BROADBAND CONN 0824B240816G200186 3.75 101.3121.43250BROADBAND CONN 0824B240816G200186 3.75 101.5200.43250BROADBAND CONN 0824B240816G200186 3.75 601.9600.43250BROADBAND CONN 0824B240816G200186 3.75 602.9600.43250BROADBAND CONN 0824B240816G200186 3.75 701.9950.43250BROADBAND CONN 0824B240816G200186 112.50 40.00 415.6450.44000TRIP CHARGE 4152 TYLER STARISE OUTDOOR SERVICES LLC550200187MAIN09/05/2024 207 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 21/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 320.00 415.6450.44000LONG GRASS / WEED RMVL 5037 4TH546200187 625.00 415.6450.44000LONG GRASS / SCRUB RMVL & HAUL 4658 7TH547200187 950.00 415.6450.44000LONG GRASS / SCRUB RMVL & HAUL 666 46 1/2548200187 575.00 415.6450.44000LONG GRASS / SCRUB RMVL & HAUL 3924 MAIN ST553200187 40.00 415.6450.44000TRIP CHARGE 4124 7TH ST551200187 625.00 415.6450.44000LONG GRASS / SCRUB RMVL & HAUL 4251 7TH ST552200187 3,175.00 38.55 101.2100.42172NAME TAGASPEN MILLS, INC.338059200188MAIN09/05/2024 132.25 101.2100.42172JACKET, PATCHES, EMBROIDERY338166200188 122.95 101.2100.42172JACKET, EMBROIDERY338093200188 76.80 101.2100.42172SHIRT, ALTERATIONS, PATCHES338095200188 980.86 101.2100.42172UNIFORMS338209200188 661.25 101.2200.42172CLASS UNIFORM, BADGE, CAP335329200188 325.69 101.2200.42172SHIRT, PATCHES, PANTS, BELT, BOOTS LH336304200188 2,338.35 3,496.50 101.3100.43050.2407SS4A ACTION PLANBOLTON & MENK, INC0341818200189MAIN09/05/2024 11,469.00 101.3100.43050.2407SS4A ACTION PLAN0341038200189 14,965.50 43.85 101.2100.44020MATS, TOWELS, AIR FRESH 082124CINTAS INC4202636006200190MAIN09/05/2024 25.00 101.2200.44020MATS, TOWELS, AIR FRESH 0821244202636006200190 38.29 101.5129.44020MOPS JPM 0826244203089156200190 107.14 363.00 101.1410.44100TRAILER RENTAL ELECTIONS 0824COLUMBIA HEIGHTS RENTAL INC1-1032720200191MAIN09/05/2024 22.68 101.1110.43250081624 8772105050412606COMCAST081624200192MAIN09/05/2024 784.46 601.9600.42990WATER METERS, RADIOS, WASHERSCORE & MAIN LPV202369200193MAIN09/05/2024 506.25 601.9600.42990METERS, RADIOSV326202200193 65,625.00 651.9699.45180.2409RADIOSV276548200193 65,625.00 651.9699.45180.2409RADIOSV262466200193 162,500.00 651.9699.45180.2409WATER METERSV180986200193 81,250.00 651.9699.45180.2409WATER METERSV080940200193 65,625.00 652.9699.45180.2409RADIOSV276548200193 65,625.00 652.9699.45180.2409RADIOSV262466200193 162,500.00 652.9699.45180.2409WATER METERSV180986200193 81,250.00 652.9699.45180.2409WATER METERSV080940200193 751,290.71 337.20 609.0000.14500081924 INVCRYSTAL SPRINGS ICE LLC965200194MAIN09/05/2024 72.08 609.0000.14500082224 INV1016200194 208 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 22/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 187.60 609.0000.14500081424 INV920200194 4.00 609.9791.42199081924 INV965200194 4.00 609.9791.42199082224 INV1016200194 4.00 609.9792.42199081424 INV920200194 608.88 128.00 201.0000.3219280% REFUND 956 43 1/2 AVE NEDABELLA2024-00492200195MAIN09/05/2024 3,083.09 225.9844.43050FALL 2024 NEWSLETTER MAILING SVCS & POSTAGEDO-GOOD.BIZ INC16762-01200196MAIN09/05/2024 3,458.91 101.2200.43050HOSE TESTINGFIRE CATT L.L.C.14123200197MAIN09/05/2024 55.85 701.0000.14120HYDRAULIC HOSE ASYFLEETPRIDE INC119163737200198MAIN09/05/2024 27.95 701.0000.14120CABIN FILTERGENUINE PARTS/NAPA AUTO4342-976248200199MAIN09/05/2024 1,601.81 609.0000.14500081324 INVGREAT LAKES COCA-COLA DISTRBTN42765445008200200MAIN09/05/2024 1,065.92 101.5200.42160PERENNIALSGROVE NURSERY34730500200201MAIN09/05/2024 45.00 101.5200.42160PERENNIALS34749200200201 1,110.92 281.00 609.0000.14500082024 INVHEADFLYER BREWINGE-6425200202MAIN09/05/2024 6,909.50 609.0000.14500081624 INVHOHENSTEINS INC743942200203MAIN09/05/2024 5,687.10 609.0000.14500082324 INV746122200203 12,596.60 43.96 609.9793.42171HYDROGEN PEROXIDEHOME DEPOT #28025625187200204MAIN09/05/2024 138.99 101.2100.42171WIPESIMPERIAL DADE4267232200205MAIN09/05/2024 141.67 101.2100.42171TWLS, TP, WIPES, CLNR, SAP, LNRS, FILTER4265791200205 138.99 101.2200.42171WIPES4267232200205 141.68 101.2200.42171TWLS, TP, WIPES, CLNR, SAP, LNRS, FILTER4265791200205 561.33 81.23 101.1410.42171PLATES, FOLDERS, CLIPBOARD, PENS, SCISSORSINNOVATIVE OFFICE SOLUTIONS LLCIN4588433200206MAIN09/05/2024 47.96 101.1410.42171POWER STRIPS, DISHWAND REFILLIN4589468200206 12.48 101.1410.42171PENS, SHARPIES, POST ITS, SCISSORS, TAPE DISPENSERIN4592585200206 53.70 101.1940.42000PLATES, FOLDERS, CLIPBOARD, PENS, SCISSORSIN4588433200206 93.40 101.1940.42000PENS, SHARPIES, POST ITS, SCISSORS, TAPE DISPENSERIN4592585200206 19.18 101.1940.42000STENO BOOKS, PENS, BINDER CLIPS, HILIGHTERSIN4600236200206 38.65 101.1940.42171PLATES, FOLDERS, CLIPBOARD, PENS, SCISSORSIN4588433200206 2.02 101.1940.42171POWER STRIPS, DISHWAND REFILLIN4589468200206 348.62 209 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 23/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,291.76 101.5200.44000TROUBLESHOOT POWER - HUSET PARKJ. BECHER & ASSOC INC2413070-F200207MAIN09/05/2024 32,876.40 272.2100.42010PATROL RIFLESJP ENTERPRISES INC24-22892200208MAIN09/05/2024 479.00 272.2100.42010FIREARM PARTS24-23050200208 33,355.40 1,997.85 603.9530.44200PROCEED SHARE, STAFFING 0124-0624KIWANIS COLUMBIA HTS-FRIDLEY082224200209MAIN09/05/2024 7.50 101.5040.42170TUMBERS, NAPKINS, TABLECOVER, CROISSANTS, LUNCH 071824LACK/CANDY071824200210MAIN09/05/2024 31.97 101.5040.44200TUMBERS, NAPKINS, TABLECOVER, CROISSANTS, LUNCH 071824071824200210 39.47 174.24 101.3121.42173MATHSON/BENMATHSON/BEN2083323200211MAIN09/05/2024 995.65 609.0000.14500082324 INVMCDONALD DISTRIBUTING CO764210200212MAIN09/05/2024 7.29 101.3170.42171SPRAY PAINTMENARDS CASHWAY LUMBER-FRIDLEY12475200213MAIN09/05/2024 34.41 101.5200.42171TANK SPRAYERS, DRAIN SNAKE13464200213 20.97 101.5200.42171GLOVES12443200213 26.96 101.5200.42171TANK SPRAYER, WEED KILLER12534200213 74.30 101.5200.42171GASKET BOX, ORGANIZERS12494200213 10.97 601.9600.42171CRACK FILLER12493200213 11.91 609.9793.42171OXI CLEAN13905200213 9.97 609.9793.42171TANK SPRAYER13973200213 196.78 143.96 701.0000.14120COVER, RELAY, HOSEMIDWAY FORD844398200214MAIN09/05/2024 40.00 101.1110.44376HOSPITALITY FEE 2024MINNESOTA DEPARTMENT OF HEALTH1057164200215MAIN09/05/2024 249.20 101.3121.42160SLOW SET ASPHALT EMULSIONMINNESOTA ROADWAYS89487200216MAIN09/05/2024 257.00 101.1410.44100WHEEL CHAIR RAMP MINNESOTA WHEELCHAIR RAMPS LLC08142024200217MAIN09/05/2024 2,900.00 415.6450.44000PRIVATE TREE REMOVAL-3820 2 1/2 STNICK'S TREE SERVICE INC1068200218MAIN09/05/2024 5,000.00 415.6450.44000PRIVATE ASH TREE REMOVAL-4622 JOHNSON ST1069200218 7,900.00 210.00 609.9792.44020CLEAR PLUGGED DRAIN LINE-TV2NORTHLAND REFRIGERATION INCORPORATE3924200219MAIN09/05/2024 31,428.45 411.9999.43050.2111MSC SITE PLANNING & SCHEMATIC DESIGNOERTEL ARCHITECTS24-16.1200220MAIN09/05/2024 470.00 609.0000.14500082124 INVOLIPHANT BREWING LLCIN-1411200221MAIN09/05/2024 50.30 701.0000.14120FENDERSPIONEER RIM & WHEEL CO.01CY5191200222MAIN09/05/2024 89.70 701.0000.14120BREAKAWAY E-BRAKE KIT01CY4466200222 140.00 210 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 24/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 14.58 609.9791.42171081924 WATERPREMIUM WATERS INC310274205200223MAIN09/05/2024 74.37 101.2100.44020PREVENT MAINT 0924-PSBSCHINDLER ELEVATOR CORP INC8106679626200224MAIN09/05/2024 74.36 101.2200.44020PREVENT MAINT 0924-PSB8106679626200224 148.73 155.00 101.5001.43050UMPIRE SOFTBALL 062024, 071924SCHMIDT SPORTS OFFICIALS072024200225MAIN09/05/2024 2,210.00 603.9510.42910BULK PICKUP 080524-081624SHOREVIEW HUNKS LLCBP017-2024200226MAIN09/05/2024 1,030.00 603.9510.42920BULK PICKUP 080524-081624BP017-2024200226 130.00 603.9540.43050BULK PICKUP 080524-081624BP017-2024200226 3,370.00 251.10 101.3100.42030DOOR HANGERSSOULO COMMUNICATIONS129104013200227MAIN09/05/2024 251.10 601.9600.42030DOOR HANGERS129104013200227 251.10 602.9600.42030DOOR HANGERS129104013200227 753.30 3,422.33 430.6323.43050.1807ENGINEERING SCHOOL SAFE ROUTES 0724SRF CONSULTING GROUP, INC.17109.00-10200228MAIN09/05/2024 33.20 101.1410.42171COPY PAPER, TEA, CUPS, NAPKINS, TONERSTAPLES ADVANTAGE60071217078200229MAIN09/05/2024 35.68 101.1410.42171SURGE PROTECTORS, PENS, POST ITS, FOLDERS6008602013200229 32.14 101.1410.42171FOLDERS6008602014200229 122.71 101.1940.42000COPY PAPER, FOLDERS, KLNEENEX, NAPKINS6002474059200229 510.57 101.1940.42000COPY PAPER, TEA, CUPS, NAPKINS, TONER60071217078200229 60.78 101.1940.42000SURGE PROTECTORS, PENS, POST ITS, FOLDERS6008602013200229 51.45 101.1940.420003 RING BINDERS, LYSOL SPRAY, NOTE PADS, COPY PAPER6008602015200229 35.70 101.1940.42171COPY PAPER, FOLDERS, KLNEENEX, NAPKINS6002474059200229 72.81 101.1940.42171COPY PAPER, TEA, CUPS, NAPKINS, TONER60071217078200229 17.50 101.1940.42175COPY PAPER, TEA, CUPS, NAPKINS, TONER60071217078200229 7.92 201.2400.421713 RING BINDERS, LYSOL SPRAY, NOTE PADS, COPY PAPER6008602015200229 980.46 4,042.71 101.3121.42160AC 3/8" AGGREGATE MIXEST A SCHIFSKY & SONS INC70480200230MAIN09/05/2024 108.15 101.5129.42171PAPER TOWELS, URINAL BLOCKS, FORKS, SPOONSTRIO SUPPLY COMPANY INC936893200231MAIN09/05/2024 (42.45)101.5129.42171CREDIT - BAD FORKS INV#886597936966200231 65.70 220.00 601.9600.43050COLIFORM TESTING 0724TWIN CITY WATER CLINIC INC20878200232MAIN09/05/2024 112.07 101.2100.43810SOLAR POWERUMBRA SOLAR FUND LLC26-000178200233MAIN09/05/2024 108.76 101.2100.43810SOLAR POWER26-000182200233 80.51 101.2100.43810SOLAR POWER26-000186200233 112.07 101.2200.43810SOLAR POWER26-000178200233 211 Item 18. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 25/25Page : 09/05/2024 12:30 PM User: heathers DB: Columbia Heights CHECK DATE FROM 08/23/2024 - 09/05/2024 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 108.77 101.2200.43810SOLAR POWER26-000182200233 80.50 101.2200.43810SOLAR POWER26-000186200233 602.68 545.14 101.2200.43211072524 586753132-00001VERIZON WIRELESS9969963784200234MAIN09/05/2024 120.67 609.9791.44020082024 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500508945200235MAIN09/05/2024 135.10 609.9792.44020082224 MOPS,MATS,TOWELS2500510649200235 77.91 609.9793.44020082224 MOPS,MATS,TOWELS2500510590200235 333.68 226.36 601.9600.42010MOUNTING FOOT KITWW GRAINGER,INC9215178998200236MAIN09/05/2024 10.96 101.3121.4381051-4159573-1XCEL ENERGY (N S P)51-4159573-1200237MAIN09/05/2024 13,290.83 101.3160.4381051-4159573-151-4159573-1200237 (270.16)101.5200.4381051-7085831-01125407231200237 956.43 101.5200.4381051-4159573-151-4159573-1200237 923.93 101.9200.4381051-7085831-01125407231200237 514.45 212.3190.4381051-4159573-151-4159573-1200237 1,331.78 601.9600.4381051-4159573-151-4159573-1200237 219.83 602.9600.4381051-4159573-151-4159573-1200237 85.67 603.9530.4381051-4159573-151-4159573-1200237 (42.79)604.9600.4381051-4159573-151-4159573-1200237 (545.74)701.9950.4381051-4159573-151-4159573-1200237 16,475.19 130.14 601.0000.20120UB refund for account: 101-0650-00-05ZCW06/29/2022200238MAIN09/05/2024 1,461,458.33 TOTAL OF 200 CHECKSTOTAL - ALL FUNDS 212 Item 18. StatusDepositCheck AmountGrossNameCheck NumberBankCheck Date DirectPhysicalCheck For Check Dates 08/23/2024 to 09/05/2024 09/05/2024 11:50 AM Check Register Report For City Of Columbia Heights Page 1 of 1 Open0.00665.00665.00UNION 49 100566PR08/23/2024 Open0.005,952.035,952.03SUN LIFE FINANCIAL - DENTAL INSURANCE 100567PR08/23/2024 Open0.002,303.002,303.00MEDICA HEALTH PLANS 100568PR08/23/2024 Open0.00144,107.09144,107.09MEDICA 100569PR08/23/2024 Open0.00329.00329.00MEDICA 100570PR08/23/2024 Open0.002,239.662,239.66SUN LIFE FINANCIAL - LONG TERM DISABILI 100571PR08/23/2024 Open0.001,990.531,990.53SUN LIFE FINANCIAL - LIFE INSURANCE 100572PR08/23/2024 Open0.001,397.211,397.21SUN LIFE FINANCIAL - SHORT TERM DISABIL 100573PR08/23/2024 Open0.00642.17642.17FIDELITY SECURITY LIFE INSURANCE COMPAN 100574PR08/23/2024 Open0.00150.00150.00COL HTS LOCAL 1216 EFT1328PR08/23/2024 Open0.00547.40547.40AFSCME COUNCIL 5 EFT1329PR08/23/2024 Open0.00150.00150.00COLHTS FIREFIGHTER ASSN EFT1330PR08/23/2024 Open0.001,342.921,342.92MSRS MNDCP PLAN 650251 EFT1331PR08/23/2024 Open0.008,522.908,522.90HSA BANK EFT1332PR08/23/2024 Open0.00135.00135.00COL HGTS POLICE ASSN EFT1333PR08/23/2024 Open0.00102,897.71102,897.71IRS EFT1334PR08/23/2024 Open0.002,959.762,959.76MISSION SQUARE 401 (ROTH) EFT1335PR08/23/2024 Open0.0020,074.1820,074.18MISSION SQUARE 457(B) EFT1336PR08/23/2024 Open0.0090,375.8890,375.88PERA 397400 EFT1337PR08/23/2024 Open0.0020,894.4920,894.49STATE OF MN TAX EFT1338PR08/23/2024 Open0.001,457.701,457.70PROXIMAL EFT1339PR08/23/2024 12 9 Total Check Stubs: Total Physical Checks: 0.00409,133.63409,133.63Number of Checks: 021Totals: 213 Item 18. ITEM: Consideration of a Rental License Exemption for 4421 5th Street NE DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, September 5, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _ Strong Infrastructure and Public Services _Sustainable BACKGROUND On September 4th, 2024, the owner of 4421 5th Street NE, reached out to the Community Development Department requesting an exemption from the single-family rental density cap. The property is located on Block 56 with four (4) single family rentals out of 25 total single-family units and an allotment of three (3) single family rentals. Attached is the letter that staff received. Section 1 of Ordinance 1685, which established the single-family rental density cap, states that: “If the number of detached single-family dwellings rental properties meets or exceeds the permitted number of rental properties per defined block on the effective date of the ordinance from which this section is derived, a property owner may request a temporary license to allow an additional rental property for that block. The City Council may grant or deny a temporary license in its sole discretion. Persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years.” As it is the homeowners’ right to appeal to the Council. Staff brought forth the appeal along with supporting documents for discussion and review. If approved, Resolution 2024- 062 would grant a temporary rental license exemption to the homeowner with a few additional requirements. The homeowner is required to complete the license application process within 3 months from the passage of the resolution. This puts a limit on how long they can take to bring the house into rental compliance if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one -year lease. After the term of the temporary license, the persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years. The property owner, Rolando Bustamante, has multiple properties that are the subject of illegal rental cases including at the 4421 5th Street NE property. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE SEPTEMBER 9, 2024 214 Item 19. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2024-062, there being ample copies available to the public. MOTION: Move to deny Resolution 2024-062, a resolution approving the single-family rental exemption request for the rental application at 4421 5th Street NE, Columbia Heights, MN 55421. ATTACHMENT(S): 1. Letter from the Homeowner 2. Resolution 2024-062 3. Location of the property image 4. Ordinance 1685 215 Item 19. To : Columbia Heights City Counsel My Name is Alma Milian. I am interested in pursuing a single-family rental density exemption for property at 4421 5th Street NE. I stopped at the office to make an annual application last week. I unfortunately was not aware of the rental density limit when purchased the home. I would like to please ask for your understanding and help. I now have a better understanding and will certainly follow in the future. Please feel free to contact me at 612.644.8025. Vía email alma_edelia@hotmail.com Sincerely: Alma Milian 216 Item 19. City Council Resolution 2024-062 RESOLUTION NO. 2024-062 A RESOLUTION APPROVING SINGLE FAMILY RENTAL EXEMPTION REQUEST FOR THE RENTAL APPLICATION AT 4421 5th STREET NE, COLUMBIA HEIGHTS, MN 55421 BE IT RESOLVED BY the City Council (the “Council”) of the City of Columba Heights, Minnesota (the “City”) as follows: WHEREAS, on August 14, 2023, the Council approved ordinance 1685 which established a rental density limit for detached single-family rental dwellings by splitting the city into blocks and caping the number of rentals per that block; and WHEREAS, Ordinance 1685 establishes that applicants that are not allowed to obtain a single-family rental license because of the density limits will be able to request an exemption and the Council has sole discretion to grant the exemption requests for a span of one year, if the situation lasts longer than a year, the applicant can re-apply for the temporary license but a property owner is only allowed a temporary license for no more than two years; and, WHEREAS, the City has received a request from the owner of 4421 5th Street NE, Columbia Heights, MN 55421 to make an exception for the property and allow a new rental license to be issued. NOW, THEREFORE, BE IT RESOLVED, the City does hereby approve the exemption request for 4421 5th Street NE, Columbia Heights, MN 55421, allowing the homeowner to apply for a temporary one-year rental license, with the addition of the following requirements. 1. The owner of 4421 5th Street NE, Columbia Heights, MN 55421 must apply for and complete the licensing process, to receive the temporary license, within 3 months of the passage of this resolution. 2. The temporary rental license shall be valid for the period of one year after the date that the license has been approved. 3. After the one-year term of the temporary license, the rental license will be revoked, and the property owner may re-apply for the temporary license again for no more than a period of two years for the same property. 217 Item 19. City of Columbia Heights - Council Resolution Page 2 ORDER OF COUNCIL Passed this _________ day of ______________________, 2024 Offered by: Seconded by: Roll Call: ________________________________ Amáda Márquez Simula, Mayor Attest: __________________________________ Sara Ion, City Clerk/Council Secretary 218 Item 19. ³ An oka County Parcel Viewer Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 9/5/20241:600Anoka County GIS ORTEG A ROLA NDO H BUSTAMANTE 4421 5TH ST NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 35-3 0-24-2 1-0044 4421 5TH ST NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 0.11Approx. Acres: COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS Commissioner: Plat: 219 Item 19. 220 Item 19. 221 Item 19. 222 Item 19. 223 Item 19. 224 Item 19. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE SEPTEMBER 9, 2024 ITEM: First Reading of Ordinance No. 1702, an Ordinance to amend Chapter 3 Administrative Code: Article V – Administrative Offenses DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, September 4, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable BACKGROUND At the August Council work session, the Council discussed an Administrative Citation ordinance. Staff responded to feedback regarding usage of criminal citations and examined Administrative Citation processes and fines ordinances to provide an alternative means t o achieving compliance with code enforcement cases in a more informal, less intimidating, and more effective method than the Anoka County Court System. Minnesota Statute 462.362 – Enforcement and Penalty enables a municipality to, by ordinance, provide for the enforcement of ordinances or regulations adopted; Chapter 6 – Administration of City Affairs in the City Charter explicitly states that the City Manager has the authority to prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure and suggest amendments to the same. The Cities of Crystal, Fridley, Hopkins, New Hope and Richfield and their administrative enforcement processes were examined. Each of these cities that have implemented administrative enforcement of ordinance violations have several common components that the City Council should address in a draft ordinance such as: purpose; general provisions defining administrative offense, exemptions, civil penalties, and schedule of fine s and fees; procedures for administrative citations and hearings, and payments/recovery of civil penalties. The City Manager will need to provide a list of lawyers for the City Council to approve as hearing officers, these officers cannot be city employees, and the fee schedule will need to either address fines based on the type of offense or whether a flat consistent fee is desired. Current city code Chapter 3 – Administrative Code addressing administrative citations through Article V: Administrative Offenses; this section of code contains a definition for administrative offense, noticing, payment, failure to pay, disposition of penalties, powers and duties of finance director, and scheduled penalties. However, the existing code does not establish a proced ure for noticing, nor does it set compliance deadlines, or include a procedure for appealing the citation. Staff proposes updating the existing ordinance, Chapter 3 – Administrative Code: Article V – Administrative Offenses with the following amendments: 225 Item 20. Page 2 1. Adding a purpose section to 3.501 identifying that the City Council has the ability to provide an alternative means for the enforcement of ordinances or regulations adopted through Minnesota Statute 462.362 and Chapter 6 of the City Charter. 2. Removing the Definitions section from 3.502 and establishing General Provisions for Administrative offenses including exemptions, civil penalties, schedule of fines and fees, and abatement procedures. 3. Revising 3.503 to read as Administrative Citation Application specifying who may conduct enforcement; set procedures for how to issue citations; the required contents of a citation including the nature, date, and time of the violation, name of the official issuing the notice, amount of the scheduled initial penalty, and the right of the recipient to contest the citation. The City shall appoint a neutral third party to hear and rule on such challenges. Additional items are the failure to pay and administration of any fines assessed pursuant to Minnesota Statute 169.999. 4. Amending 3.504 to read as Administrative Hearing detailing the necessary components to a lawful administrative hearing including: requesting a hearing, confirmation of the hearing, extensions, file transmittal requirements, presentation of the case, decision, right to appeal, failure to appeal, and means for judicial review as provided in state law and administrative review before the City Council. 5. Amending 3.503 Payment to 3.505 and establishing payment requirement 14 business days from the time of issuance of the notice. 6. Amending 3.504 to 3.506 to Failure to Pay and Recovery of Civil Penalties and establishing procedures for imposing penalties for nonpayment such as liens, personal obligations, late fees and charges, license revocation or suspension, criminal penalties, and abatement. Other items that will require future City Council action in relation to this proposed ordinance include: 1. Amending Chapter 5A Property Maintenance Code section on remedies to include administrative citations. 2. Amending the fee schedule to reflect fines and fees for violations. 3. Approving a list of qualified Hearing Examiners and a procedure for appointing and evaluating examiners. RECOMMENDATION Staff recommends approval of Ordinance No. 1702, on first consideration: RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1702, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1702, being an ordinance to amend Chapter 3 Administrative Code, Article V – Administrative Offenses in the City of Columbia Heights for September 23, 2024 at approximately 6:00pm. ATTACHMENT(S): Administrative Citation Manual Draft Ordinance No. 1701 226 Item 20. City of Columbia Heights | Community Development 3989 Central Ave NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ www.columbiaheightsmn.gov ADMINISTRATIVE CITATION MANUAL ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in -person, or by using Microsoft Teams Meeting at columbiaheightsmn.gov/joinameeting:_________, Passcode ______. Additionally, members of the public may view the meeting live at columbiaheightsmn.gov/watch. For questions, please call the Administration Department at 763-706-3610. Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763 -706-3610 to make arrangements. 227 Item 20. INTRODUCTION The City of Columbia Heights Administrative Citation Program was adopted by ordinance in October of 2024. It is intended to be more informal, less intimating, and more effective for alleged violations than going through the Anoka County Court System. Administrative enforcement of city ordinances starts when a city inspector writes an Administrative Citation to the property owner, occupant of a suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer. This manual explains, in common terms, the processes that take place after the citation has been issued. A copy of the full ordinance can be provided upon request from the City Clerk, view a copy of the ordinance at Columbia Heights City Hall, or go to the city’s official website at columbiaheightsmn.gov. THE ADMINISTRATIVE CITATION When a property owner or legal agent fails to correct a code violation within 14 business days after an Administrative Notice is sent, an Administrative Citation will be issued either in person or by mail. If the Administrative Notice was mailed, the property owner is allotted an additional three (3) days from the compliance date to respond to the citation and may either: 1. Pay the scheduled fine and correct the violation; OR 2. Request an extension in writing; OR 3. Request an Administrative Hearing; OR 4. Proceed through the Anoka County Court System process. OPTION #1 – PAY THE FINE AND CORRECT THE VIOLATIONS By paying the fine, you admit you violated city ordinance. Pay the fine in one of the following two (2) methods: 1. Payments may be made in person at Columbia Heights City Hall by cash, check, or credit card. 2. Payments may be sent in the mail and paid by check or money order, payable to the City of Columbia Heights for the correct amount. Do not send cash in the mail. Include a copy of the citation. Payments can be sent to the following address: City of Columbia Heights – Community Development 3989 Central Avenue NE Columbia Heights, MN 55421 ALL PAYMENTS MUST BE ACCOMPANIED BY A COPY OF THE CITATION. PLEASE NOTE: IF YOU PAY THE FINE BUT FAIL TO CORRECT THE VIOLATION(S), THE CITY MAY ISSUE ADDITIONAL CITATIONS UNTIL THE VIOLATION IS CORRECTED IN COMPLIANCE WITH APPLICABLE CITY ORDINANCES 228 Item 20. Failure to Pay a Fine If the City of Columbia Heights does not receive a request for an Administrative Hearing within 14 business days after the citation was issued, or payment of the fine within 30 days, a late fee will be assessed per the city’s fee schedule. At this time, the city will send an invoice for the total amount unpaid. If unpaid, the total bill will be certified to your property taxes and all city licenses may be revoked. Failure to Correct Violations When a violation continues, the city may: 1. Issue an administrative citation; OR 2. Correct the violations and certify the charges for doing so onto the property taxes; OR 3. File criminal charges; OR 4. Take other action(s) to require compliance with city ordinances. Repeat Violations within 12 Months If the same property and property owner are charged with a subsequent violation within a 12 - month period for the same, or substantially similar offense, the fine increases to the amount set forth in the city’s fee schedule. A second violation within a 12-month period would be classified as “Citation #2”, a third violation within a 12-month period would be classified as "Citation #3”, etc. Abatement Procedure The City may take action to correct or remove a violation of the City Code, including towing and impounding vehicles or recreational vehicles which are inoperable, unlicensed, or parked in violation of the City Code, and removal of other public nuisances such as refuse, construction or landscaping materials, debris, waste and/or any other exterior storage which are in violation of the City Code. Property owners will be notified of violations subject to the abatement procedure with an administrative notice and two administrative ci tations prior to the City taking action unless there is cause to require emergency or immediate abatement. If the violation is not corrected within seven (7) days of when the second administrative citation was issued, the City may immediately abate the nuisance. Costs associated with the abatement process will be assessed to the subject property. OPTION #2 – REQUEST AN ADMINISTRATIVE HEARING Property owners may request an Administrative Hearing if they believe that they did not violate an ordinance or if they want to refute the citation. The cost of requesting a hearing is set forth in the city’s fee schedule. All Administrative Hearings are held before an independent hearing examiner who is not a city employee and has no other connection with the City other than to serve as a hearing examiner. When a hearing is requested, the city clerk randomly selects an examiner from the list of hearing officers approved by the City Council. 229 Item 20. To request a hearing, the property must file a written request in person at the Columbia Heights City Hall either with the city clerk or customer service representative. The City Clerk’s Office will work to accommodate the schedules of all involved parties and will notify the property owner by mail of the date, time and location of the haring. The notice will contain the names of the parties, identify of the hearing examiner, the location of the alleged violation, and the type of violation alleged. The notification will be received by mail at least ten (10) days in advance of the scheduled hearing unless a shorter time is accepted by all parties. Expect to be available for two (2) hours to attend the Administrative Hearing. The property owner may provide the City Clerk with a case file containing a summary report, photographs, written testimonies or any other written, audio or visual material they would like the hearing examiner to review before the hearing. They must bring it to Columbia Heights City Hall two (2) days, 48 hours, before the scheduled hearing start time. They may not contact the hearing officer before the hearing to discuss the case. Direct all questions to the City Clerk at 763 706-3611. Request to Change Hearing Officers No later than five days before the date of the hearing, the violator may make a written request that the assigned hearing examiner be removed from the case. The City Clerk will automatically grant one request for removal. A subsequent request must be directed to the assigned hearing examiner who will decide whether they can fairly and objectively review the case. If the Hearing Examiner determines they cannot fairly and objectively review the case, the Hearing Examiner shall notify the city clerk in writing at least one day before the scheduled hearing date. The City Clerk will then assign another Hearing Examiner. Request to Change Hearing Date A request for a continuance must be made to the City Clerk at least five days prior to the scheduled hearing date. The City Clerk may grant a continuance at the request of the violator or the city staff member only for good cause shown and for no more than ten days from the original assigned date. Failure to Appear The failure to attend the hearing constitutes a waiver of the violator’s rights to an administrative hearing and an admission of the violation. A Hearing Examiner may waive this result upon good cause shown. Examples of “good cause” are: death in the immediate family or documented incapacitating illness of the violator; a court order requiring t he violator to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. “Good cause” does not include: forgetfulness; lack of transportation or child care; and intentional delay. 230 Item 20. Hearing Procedures At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply and the Hearing Examiner will determine the admissibility of any evidence and/or testimony. All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. Use of Attorneys In order to maintain informality, the use of attorneys is discouraged. The City will not be represented by an attorney at the hearing. If the property owner wishes to have an attorney present, they are allowed to advise them, but may not make any presentations. Decision The hearing examiner may decide the case immediately after testimony has finished. However , they may take time to make a decision. In either case, a written decision will be mailed to the property owner within ten (10) days after the hearing. It will include findings of fact, conclusions of law and order. The hearing examiner has the authority to: 1. Determine a violation has occurred; 2. Dismiss the citation; 3. Impose the scheduled fine; AND/OR 4. Reduce, stay or waive a scheduled fine, unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the Hearing Examiner may consider any or all of the following factors: 1. Duration of the violation; 2. Frequency of reoccurrence of the violation; 3. Seriousness of the violation; 4. History of the violation; 5. Violator’s conduct after issuance of the administrative notice and citation; 6. Violator’s conduct after issuance of the notice of hearing; 7. Good faith effort by the violator to comply; 8. Impact of the violation upon the community; 9. Prior record of city code violations; and 10. Any other factors appropriate to a just result. The Hearing Examiner may not impose a fine greater than the established fine, except that the Hearing Examiner may impose a fine for each week that the violation continues if: 231 Item 20. 1. The violation caused or is causing a serious threat of harm to the public health, safety, or welfare; OR 2. The violator intentionally and unreasonably refused or refuses to comply with the code requirement. Appeals The decision of the hearing examiner is final without any further right of appeal, except in the following two (2) manners: 1. The decision may be appealed to the City Council if the case involved the following: a. An alleged failure to obtain a permit, license or other approval from the City council as required by this Code, county ordinance or state law; OR b. An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval that was granted by the City Council; OR c. An alleged violation of regulations governing a person or entity who has received a license granted by the City Council. The property owner’s written request for appeal must be submitted to the city clerk within ten (10) days after the hearing examiner’s decision. Notice of the hearing must be delivered to the alleged violator or property owner and involved city staff, in person or by mail at least ten days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Examiner’s decision. New witnesses or evidence are not allowed. The City Council will have the transcript of the hearing to review. The council has the authority to impose a civil penalty or revoke a city-issue license, permit or other approval associated with the violation. 2. In all cases, the property owner may obtain judicial review of the hearing examiner’s or City Council’s decision as provided in Minnesota state law. They should consult with a lawyer about how to proceed in this manner. OPTION #3 – PROCEED THROUGH THE ANOKA COUNTY COURT SYSTEM The Administrative Citation process is completely voluntary. If the property owner chooses to do so, they can proceed through the county court system. Choosing to do so may include the following: 1. Higher fine schedules as a result of state surcharges; AND/OR 2. Criminal penalties 232 Item 20. SCHEDULE OF FINES Penalties Amounts for violations are set forth in the city’s fee schedule. Level One Violations ($100.00) Level One Violations include the following offenses: Failure to obtain Certificate of Property Maintenance Unapproved home occupation Interim erosion and sediment control Improperly stored trash container Weeds Failure to remove graffiti Display advertising on parked vehicle General maintenance Construction of fence with unapproved material or damaged fence Damaged light fixture Noise ordinance violations All other miscellaneous zoning or property maintenance code violations not specified as Level 2 or Level 3 violations including specific development standards. Level Two Violation ($140.00) Level Two Violations include the following offenses: Vacated building Removal or disconnection of safety devices such as smoke or carbon monoxide detectors Failure to obtain required permit Failure to obtain required rental registration permit or complete required inspection Unauthorized signs and violations of sign code Unlicensed, inoperable vehicles Storing junk vehicles Exterior storage Parking vehicle or recreational vehicle on unapproved surface Improperly stored or unscreened recreational vehicles Improper sump pump connection or discharge Failed or missed hood and duct cleaning 233 Item 20. Level Three Violation ($200.00) The designation of a Level Two Violation as a major infraction that involves unsafe conditions, constitutes a blighting influence on surrounding properties or neighborhood, involves neglect of property maintenance, involvers unlawful occupancy of non-owner occupied dwelling units, or endangers life or property, supported by the enforcement officer’s written justification. A violation of ordinances governing the following: o Chapter 5A: Property Maintenance Code o Chapter 8: Public Health and Safety o Chapter 9: Land Use Level Four Violation ($280.00) Level Four Violations include the following offenses: Level 4: Immediate life and safety matter, supported by the enforcement officer’s written justification. Continuing Violations or Repeat Violations within 12 Months If the same property and property owner are charged with a subsequent violation within a 12 - month period for the same, or substantially similar offense, the fine increases to the amount set forth in the city’s fee schedule. A second violation within a 12-month period would be classified as “Citation #2”, a third violation within a 12-month period would be classified as "Citation #3”, etc. In such cases, the fine imposed will be increased by 25%. If there is a third infraction in 12 months or if the violation continues uncorrected, the fine imposed increased by 50%. The fine increases by 100% if there is a fourth or any subsequ ent infraction in 12 months or if the violation continues uncorrected. For example, a second citation for a Level Three Violation would be $250.00, a third occurrence $300.00 and a fourth occurrence $400.00. Citations may be issued on a weekly basis until a violation has been corrected. 234 Item 20. Ordinance No.1696 DRAFT ORDINANCE NO. 1702 AN ORDINANCE AMENDING CHAPTER 3: ADMINISTRATIVE CODE, ARTICLE V – ADMINISTRATIVE OFFENSES OF THE CITY CODE OF 2005 TO AMEND: The City of Columbia Heights does ordain: Section 1 § 3.501. PURPOSE. The City Council seeks to offer an alternative method of enforcement to bring City Code violations into compliance rather than relying solely on criminal citations and the Anoka County Court System for such relief. Minnesota Statute 462.362 – Enforcement and Penalty, through ordinance, a municipality can provide for the enforcement of ordinances or regulations adopted, pursuant to Chapter 6 – Administration of City Affairs. The formal judicial process does not provide an environment to adequately address unique and sensitive issues involved in City Code violations such as: neighborhood concerns, livability issues, public safety, physical limitations of the offenders, and unintended consequences of being charged with or convicted of a misdemeanor offense. Additionally, the methodical process of the court system process may not be conducive to resolving the violations in a prompt and timely manner. 1 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATIVE OFFENSE. A violation of any section of this code when one performs an act prohibited or fails to act when such failure is thereby prohibited and is subject to the penalties set forth in this code and schedule. Section 2 § 3.502 GENERAL PROVISIONS.NOTICE. (1) Administrative offense. A violation of any provision of the city code is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. (2) Exemption. Alcohol and tobacco license violations are not subject to administrative citation under this section; only peace officers may enforce traffic violations pursuant to Minnesota Statute 169.999 related to traffic violations. (3) Civil penalty. An administrative offense may be subject to a civil fine not to exceed the maximum fine for a misdemeanor violation under state law. (4) Schedule of fines and fees. The City Council shall adopt by resolution a schedule of fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review under subsection 3.504(5)(g) of this section. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. (5) Abatement procedures. A violation of any provision of the Code is an administrative offense that may be subject to an abatement order whereby the city or city’s agent corrects or removes the violation and charges the violator for such corrective action. Section 3 § 3.503 ADMINISTRATIVE CITATION APPLICATION. Formatted: Indent: Left: -0.08" Formatted: Font: Bold, Underline Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.11" + Indent at: 0.36" Formatted: Font: Not Bold, No underline Formatted: Indent: Left: -0.08" Formatted: Font: Bold, Underline 235 Item 20. City of Columbia Heights - Ordinance Page 2 (1) Any member of the Police Department and/or any other person employed by the city with authority to enforce this code shall, upon determining that there has been a violation, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways: ,a. By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; b. By first class mail to a person identified in Subsection (1)a of this section; c. By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; d. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; e. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City; or f. By posting the citation in a conspicuous place on a motor vehicle when the vehicle is vacant. notify the violator, or person responsible for the violation, or in the case of a vehicular violation by attaching to said vehicle notice of the violation, said notice setting forth the nature, date, time of the violation, the name of the official issuing the notice and the amount of the scheduled initial penalty, and where applicable, any charges relating thereto. (2) The City shall notify a recipient of an Administrative Citation of the nature, date, and time of the violation, the name of the official issuing the notice, the amount of the scheduled initial penalty, and the right of the recipient to contest the citation as outlined in Section 3.504. The City shall also appoint a neutral third party to hear and rule on challenges to administrative citations authorized by the City Code. (3) The failure to pay an Administrative Penalty or petition for an Administrative Hearing within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violator’s right to a future Administrative Hearing and is an admission of the violation. (4) Any administrative fines assessed pursuant to Minnesota Statute § 169.999 shall be disbursed in accordance with Minnesota Statute § 169.999, subd. 5. Section 4 § 3.504 ADMINISTRATIVE HEARING. (1) Request for Hearing. Anyone in violation of any section of the City Code may either pay the Administrative Penalty, as defined by Section 3.505, or petition the City for an Administrative Hearing Formatted: Font: +Body (Calibri), 12 pt Formatted: Font: Bold, Underline 236 Item 20. City of Columbia Heights - Ordinance Page 3 pursuant to Section 3.504(5). (2) Hearing Examiner. The position of Hearing Examiner is hereby created. a. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this chapter and set the rate of compensation therefor. b. The City Council will periodically approve a list of qualified individuals, from which the City Clerk will randomly select a Hearing Examiner to hear and determine a matter for which a hearing is requested. c. The Hearing Examiner must not be a city employee and the City Clerk must establish a procedure for evaluating the competency of the Hearing Examiner, including comments from accused violators and city staff. These reports must be provided to the City Council. d. Removal of the Hearing Examiner. No later than five days before the date of the hearing, the violator may make a written request that the assigned hearing examiner be removed from the case. The City Clerk will automatically grant one request for removal. A subsequent request must be directed to the assigned hearing examiner who will decide whether they can fairly and objectively review the case. If the Hearing Examiner determines they cannot fairly and objectively review the case, the Hearing Examiner shall notify the city clerk in writing at least one day before the scheduled hearing date. The City Clerk will then assign another Hearing Examiner. (3) Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. (4) Duties. The Hearing Examiner shall have the following duties: a. Set dates and hear all contested cases; b. Take testimony from all interested parties; c. Examine all facts, evidence and testimony presented; d. Make a complete record of all proceedings including findings of fact and conclusions of law; and e. Affirm, dismiss, or modify the Administrative Citation and/or the Administrative Penalty. (5) Hearing Procedure. Any person issued an Administrative Citation within the City of Columbia Heights may petition the City, in writing, for an Administrative hearing before a Hearing Examiner. All Administrative Hearings will take place at the Columbia Heights City Council Chambers within City Hall (3989 Central Avenue NE, Columbia Heights, MN 55421) between 8:00 a.m. and 8:00 p.m. Monday through Friday. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the administrative hearing. a. All such petitions shall identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the City Code, as well as summarizing any evidence the petitioner intends to present. Such requests shall be filed in writing to the City Manager, or Formatted: Font: Bold, Underline 237 Item 20. City of Columbia Heights - Ordinance Page 4 their designee, within 14 business days after the ordinance violation citation is issued. b. The City will confirm request of an Administrative Hearing and include information on the Administrative Citation Hearing Fee as outlined in this ordinance. This fee will be refunded if the Administrative Citation is dismissed, but not if affirmed or modified. The City Clerk will schedule the hearing and will notify the violator and involved city staff, of the date, time and location of the hearing. Parties are expected to be available at the hearing for a minimum of two hours. Notice of the hearing must be mailed to the violator and the Hearing Examiner at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the name of the parties, the identity of the Hearing Examiner, the location of the alleged violation and the type of violation alleged. c. Continuance. A request for a continuance must be made to the City Clerk at least five days prior to the scheduled hearing date. The City Clerk may grant a continuance at the request of the violator or the city staff member only for good cause shown and for no more than ten days from the original assigned date. d. File transmittal. Upon receipt of any request for a hearing, the City Clerk’s office will compile a summary report detailing the facts in support of any determination that the offense constitutes a violation. The summary report must be ready for the hearing officer to pick up on the business day preceding the scheduled hearing and shall include the following information: i. Copy of the citation issued; ii. Copy of the administrative notice, which preceded the citation; iii. Copy of any case history in the issuing employee’s department; iv. Photographs and/or videotape of property where available; v. Proof of mailing and/or posting of notice on the property if the citation was not personally served on the violator. e. Presentation of case. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply and the Hearing Examiner will determine the admissibility of any evidence and/or testimony. All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. f. Decision. i. The Hearing Examiner must issue a written decision containing findings of fact, conclusions of law and an order. The decision will be mailed to the parties within ten days after the hearing. The Hearing Examiner has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, 238 Item 20. City of Columbia Heights - Ordinance Page 5 stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the Hearing Examiner may consider any or all of the following factors: 1. Duration of the violation; 2. Frequency of reoccurrence of the violation; 3. Seriousness of the violation; 4. History of the violation; 5. Violator’s conduct after issuance of the administrative notice and citation; 6. Violator’s conduct after issuance of the notice of hearing; 7. Good faith effort by the violator to comply; 8. Impact of the violation upon the community; 9. Prior record of city code violations; and 10. Any other factors appropriate to a just result. ii. The Hearing Examiner may not impose a fine greater than the established fine, except that the Hearing Examiner may impose a fine for each week that the violation continues if: 1. The violation caused or is causing a serious threat of harm to the public health, safety, or welfare; or 2. The violator intentionally and unreasonably refused or refuses to comply with the code requirement. g. Right of appeal. Except as provided in subsections (i) and (j) of this section, the decision of the Hearing Examiner is final without any further right of appeal. h. Failure to appear. The failure to attend the hearing constitutes a waiver of the violator’s rights to an administrative hearing and an admission of the violation. A Hearing Examiner may waive this result upon good cause shown. Examples of “good cause” are: death in the immediate family or documented incapacitating illness of the violator; a court order requiring the violator to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. “Good cause” does not include: forgetfulness; lack of transportation or child care; and intentional delay. i. Judicial review. An aggrieved party may obtain judicial review of the decision of the Hearing Examiner or the City Council as provided in state law. j. Administrative review. i. Appeal. A violator may appeal the Hearing Examiner’s decision in any of the following matters to the City Council for administrative review: 1. An alleged failure to obtain a permit, license or other approval from the City council as required by this Code, county ordinance or state law; 2. An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval that was granted by the City Council; 239 Item 20. City of Columbia Heights - Ordinance Page 6 or 3. An alleged violation of regulations governing a person or entity who has received a license granted by the City Council. ii. Notice. The appeal under this section will be heard by the City council. Notice of the hearing must be delivered to the alleged violator or property owner and involved city staff, in person or by mail at least ten days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Examiner’s decision. iii. Decisions. The City Council must consider the record, the Hearing Examiner’s decision, and any additional arguments before making a determination. The City Council is not bound by the Hearing examiner’s decision, but may adopt all or part of the Examiner’s decision. The Council’s decision must be in writing. iv. Suspension or revocation. In addition to imposing a civil penalty, the Council may suspend or revoke a city-issued license, permit, or other approval associated with the violation. Section 5 § 3.5053 PAYMENT. Once such notice is given, the person responsible for the violation shall, within 14 business seven days of the time of issuance of the notice, pay full satisfaction of the stated violation scheduled to the City Finance Department. The penalty may be paid in person or by mail and payment shall be admission of the violation. Section 6 § 3.5064 FAILURE TO PAY AND RECOVERY OF CIVIL PENALTIES. If a violator fails to pay the penalty imposed by this article, the matter may be processed as a code violation through the Anoka County Court System or in accordance with the provisions of this section.. (1) Nonpayment. If a civil penalty is not paid within the time specified: a. It may constitute a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. It will be a personal obligation of the violator in all situations. (2) Lien. A lien may be assessed against the property and collected in the same manner as real taxes as authorized by state law. (3) Personal obligation. A personal obligation may be collected by appropriate legal means. (4) Late fees/charges. Formatted: Font: +Body (Calibri), 12 pt, Bold, Underline Formatted: Font: +Body (Calibri), 12 pt, Bold, Underline Formatted: Font: +Body (Calibri), 12 pt Formatted: Font: +Body (Calibri), 12 pt, No underline 240 Item 20. City of Columbia Heights - Ordinance Page 7 a. If after 30 days the fine has not been paid or a hearing requested, a late fee will be applied, the total bill will be assessed to the property taxes and all city licenses will be revoked. Fees are established by the city’s fee schedule. For continued violations, the city will correct or abate the violation and assess the charges for doing so onto the property taxes and/or file criminal charges. b. If the same property and property owner are charged with a subsequent violation(s) within a 12-month period for the same, or substantially similar offense, the offense will be considered a repeat violation and fined accordingly, per the city’s fee schedule. (5) License revocation or suspension. Failure to pay a fine or any associated late fees are grounds for suspending or revoking a license related to the violation. (6) Criminal penalties. a. The following are misdemeanors, punishable in accordance with state law: i. Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation; ii. Failure, without good cause, to appear at a hearing that was scheduled under 3.504 of this section; iii. Failure to pay a fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner. b. If the final adjudication in the administrative penalty procedure is a finding of no violation, then the City may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provisions based on a different set of facts. A different date of violation will constitute a different set of facts. (7) Abatement a. The City may pursue abatement in accordance with Chapter 8.206 and the established noticing procedure. Whenever the officer charged with enforcement determines that a public nuisance is present, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specific corrective actions to abate the nuisance and the deadline for compliance. If the notice of violation is not complied within the time specified, the enforcing officer shall report that fact to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated within the provisions identified in emergency or immediate abatement. Section 7 241 Item 20. City of Columbia Heights - Ordinance Page 8 § 3.5085 DISPOSITION OF PENALTIES. All penalties collected shall be paid over to the City Finance Department. The Finance Director or his designee may receive negotiable instruments in payment of penalties as a conditional payment and shall not be held accountable therefor. Receipt shall be issued for cash payment. Section 8 § 3.50906 POWERS AND DUTIES OF FINANCE DIRECTOR. In addition to all other duties set forth in the code, the Finance Director may delegate and supervise the work of city employees implementing and administering this article. The Finance Director shall make and have custody of all records necessary and shall keep proper accounts of the proceeds received. Section 9 § 3.51007 SCHEDULED PENALTIES. Penalties shall be imposed for violation of the scheduled administrative offenses according to a schedule duly established and adopted from time to time by resolution of the City Council. Any person violating a section of this code shall be subject to the scheduled penalty., not to exceed $100 for each offense. Section 102 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 242 Item 20.