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May 24, 2004 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us Mayor dulienne Wyckoff Councilmembers Robert A. Williams Bruce Nm~,rocki Tammera Ericson ADMINI$ TRA TION Bruce Kelzenberg Citp Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 24, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 bouts in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Theresa Taylor, Oak Hill Baptist Church 1. CALL TO ORDER/ROLI~ CALF, 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Cotmcil under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclmnations 1) Buckle-Up May Mobilization - May 24 to June 6, 2004 P4 B) Presentations 1) VFW Post 230 donation to the Jamboree Fireworks - Commander Bruce Nawrocki C) Introduction 1) Matt Schoen, Columbia Heights High School Principal 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.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve Ci_ty Council Meeting Minutes for April 26, 2004 and May 10, 2004 regular City Council meetings. a) MOTION: Move to approve the minutes of the April 26, 2004, regular City Council meeting as presented. P5 b) MOTION: Move to approve the minutes of the May 10, 2004, regular City Council meeting as presented. P16 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Move to accept the May 4, 2004 minutes of the Library Board. P24 b) MOTION: Move to accept the April 29, 2004 minutes of the Park/Recreation Commission. P27 c) MOTION: Move to accept the May 12, 2004, minutes of the Human Services Commission. P31 3) Establish Work Session meeting date for Monday, June 7, 2004, beginning at 7:00 p.m. in Conference Room 1. P33 MOTION: Move to establish a Work Session meeting date for Monday, June 7, 2004 beginning at r,-,E'~:~C,0op,m,, d'~¢C~L~'"~C%~O:~&R,M,,,,^TE ON THE BASIS OF' DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda May 24, 2004 Page 2 of 3 4) Authorize the contract with Auction Masters for auctioning excess Ci_ty property, unclaimed/ forfeited Police evidence, and found property._ P34 MOTION: Move to authorize the Mayor and City Manager to enter into a one-year contract with Auction Masters of Maple Grove for auctioning excess City property, m~claimed/forfeited Police evidence, and found property. 5) Approve one time Charitable Gambling Permit for MN 90 Lightning Hockey Club. P56 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-thne bingo event to be conducted by the Minnesota 90 Lightning Hockey Club at the Church of the Immaculate Conception, 4030 Jackson Street NE, Columbia Heights, on August 7 and 8, 2004; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 6) Approve up to $3,500 for a joint survey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry_. P63 MOTION: Approve up to $3,500 for a joint survey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry. 7) Adopt Resolution No. 2004-27, being a Resolution accepting the Bid and awarding the contract for Street Rehabilitation in Zone 7A. P68 MOTION: Move to waive the reading of Resolution No. 2004-27, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-27 accepting bids and awarding the 2004 Street Rehabilitation Projects in Zone 7A, Project No. 0402 to Midwest Asphalt Corporation of Hopkins, MN in the amount of $1,605,400.07 based upon their low, qualified responsible bid and accepting Alternate 1 for smfitary sewer on Jackson Street for an add on of $9,601.40. Alternative 2 for HDPE storm sewer pipe (36" only) for a deduct of ($9,120.00), Alternate 3 (unit price basis) for residential driveway construction, Alternate 4B for 15" open cut pipe installation for a deduct of ($15,175.90) and Alternate 5 for 30" open cut pipe installation for a deduct of($27,854.08) for a total contract award of $1,562,851.49; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8) Approve Change Order No. 1 and final payment for sanitary sewer lining, Project 0309 P73 MOTION: Move to' authorize Contract Change Order No. 1 for additional work added to the contract by the City to Visu-Sewer Clean and Seal, Inc. in the amount of $ 3,822.25 to be funded out of 652- 50309-5130. MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 0309, and to authorize final payment of $4,054.25 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. 9) Establish a Hearine date of june 14, 2004 for revocation or suspension of rental property license at 3849-51 Central Avenue P76 MOTION: Move to establish a Hearing date of June 14, 2004 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against F. C. Celtic LLC at 3849 Central Avenue NE. 10) Approve Business License Applications P77 MOTION: Move to approve the items as listed on the business license agenda for May 24, 2004 as presented. P. 2 City Council Agenda May 24, 2004 Page 3 0£3 11) Approve Payment of Bills P79 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 108300 tlu'ough 108438 in the amount of $676,122.28. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 943 42na Avenue P86 MOTION: Move to close the Public Hearing regarding the revocation or suspension of the Rental License held by Merlin Garner regarding rental property at 943 42nd Avenue in that the violations on the property have been corrected. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central P87 MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by F.C. Celtic LLC regarding rental property at 3849-51 Central Avenue until such time all interested parties can be properly notified. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Resolution No. 2004-28, being a Resolution establishing a Sewer Com~ection Charge and Water Connection Charge P88 MOTION: Move to waive the reading of Resolution No. 2004-28, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-28, being a Resolution establishing and implementing new City Sanitary Sewer Com~ection Charge in the amount of $200 and Water Connection Charge in the amount of $400. B) Bid Considerations -none C) Other Business - none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. coUNCIL CORNER 11. ADJOURNMENT Walter R.-Fehstl City Manager WF/pvm P. 3 PROCLAMATION "Buckle Up, Columbia Heights m Click it or Ticket!" May 24 - June 6, 2004 Whereas, the Columbia Heights Police Department and the Minnesota Department of Public Safety Office of Traffic Safety, participants and administrators of the Safe & Sober May Mobilization education and enforcement campaign, is committed to saving lives by increasing seat belt use and reducing the number of unnecessary traffic fatalities on Minnesota roads; and Whereas, more than two-thirds oftraffc fatalities are attributed to seat belt non-use; and Whereas, motor vehicle crashes are the leading cause of death for children and young adults ages 4 to 33 and the leading cause of quadriplegia and paraplegia; and Whereas, we recognize seat belts play an important role in saving lives, preventing injuries, and reducing insurance and health care costs; and Whereas, while Minnesota laws enforce seat belt use, all of us must do what we can to stress the importance of buckling up; and Whereas, the coordination of state and local efforts will enhance the overall efficiency and impact of this life-saving campaign. Now therefore be it resolved, that the Columbia Heights City Council endorses the Safe & Sober May Mobilization and recognizes the period of May 24 through June 6, 2004 as "Buckle Up, Columbia Heights-- Click it or Ticket?' The Columbia Heights City Council urges citizens of Columbia Heights to use this week to demonstrate and reaffirm our commitment to buckling up and arriving alive to our destinations. Be it further resolved, that the Columbia Heights City Council encourages peace officers to increase public awareness of the risks associated with seat belt and child seat non-use; that the Columbia Heights City Council also supports the education and enforcement activities that include conducting enhanced enforcement; distributing public information; collecting seat belt use data to measure progress; and supporting efforts to improve state legislation on the required use of passenger protection devices. Now Therefore, I, Julienne Wyckoff, Mayor of the City of Columbia Heights, do proclaim May 24 through June 6, 2004 as "Buc!fie Up~ Columbia Heights-- Click it or Ticket!" in Columbia Hei Mayor Julienne Wyckoff P. 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL APRIL 26, 2004 'THESE HAVE NOT. BEEN APPROVED., The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 26, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Heidi Bruder, St. Matthew Lutheran Church, gave the Invocation. CALL TO ORDER/ROLL CALl, Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested discussion on the sewer backup policy. Wyckoff placed the item under 7-A-2. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Proclamations Councilmember Williams read the 2004 Community Prayer Breakfast Proclamation. The breakfast will be Wednesday, May 12, 2004 at Murzyn Hall. Presentations dean Kuehn, Special Projects Coordinator, presented the 2003 Anoka County Recycling Award to the City Council. She stated that Columbia Heights residents exceeded their goal by 12percent, recycling 1, 808 tons of material, composting 809 tons of yardwaste and collecting 44 tons of problem materials like oil, filters, tires, fluorescent bulbs and electronics. The average Columbia Heights resident recycles 17.25 pounds per month. Of the 22 municipalities in Anoka County, Columbia Heights is one offour cities that have exceeded their goal every year since. 1988. Kuehn stated that she accepted the award on April 2I~t fi, om the Anoka County Board of Commissioners. She thanked the City Council for their continued support. Wyckoff questioned comments fi, om residents that recycled materials end up in with the regular trash. Kuehn stated it does not, and that a new sorting facility has opened in Minneapolis where items are sorted for the best recycled use. Kuehn referred to a new procedure where discarded tires are chopped up and added as road base material. Wyckoff thanked Kuehn for her outstanding efforts. Kuehn reminded everyone that this Saturday would be florescent bulb recycling day. Introduction of New Employees Becky Loader, Library Director, introduced Joanne Peterson, as the new Libra~7 Clerk and statedher background. Peterson stated that she was with the Mounds View School District for 14 years, and was excited to learn this library system. On behalf of the City Council, Wyckoff welcomed Ms. Peterson. Recognition - none CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers tlu'ough the consent agenda items. 1) Approve Ci_ty Council Meeting Minutes for the April 12, 2004 regular City Council meeting and thc. April 19, 2004 Board of Review meeting a) Motion to approve the minutes of the April 12, 2004, regular City Council meeting as presented. City Council Minutes April 26, 2004 Page 2 of 11 b) Motion to approve the minutes of the April 19, 2004, Board of Review meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the April 6, 2004 minutes of the Library Board of Trustees b) Motion to accept the April 15, 2004 minutes of the Charter Commission Nawrocki requested a copy of the memo referred to in these minutes. c) Motion to accept the March 16, 2004 minutes of the EDA d) Motion to accept the January 21, 2004 minutes of the HRA 3) Establish Work Session meeting date for Monday, May 3, 2004, beginnin~ at 7:00 p.m. in Conference Room 1. '~ Fehst listed agenda items for the May ra . 3 worksesszon: Merging of City and School District newsletter Request for twopolice squads · Overtime reimbursement. Nawrocki questioned why this meeting was scheduled for the first Monday of the month. He indicated he would not be present, as that is his ,a . 52 wedding anniversar,v. Wyckoff asked if meeting at 8:00p. m. would be better. Nawrocki stated it would not. Wyckoff suggested including the Town Hall meeting remarks. Motion to establish a Work Session meeting date for Monday, May 3, 2004 begi~ming at 7:00 p.m. in Conference Room 1. 4) Adopt Resolution No. 2004-21, being a Resolution awarding the Joint Powers A~eement contracl with the cities of Anoka/Champlin and Fridley for the purchase of Self Contained Breathing Apparatus (SCBA) to Metro Fire and Equipment of Ham Lake Fehst stated the bid amount is $112,820.00. Nawrocki requested an explanation. Fire Chief Charlie Thompson,stated that on March 2~a the City Council approval participation in ajoint powers agreement for the purchase of breathing devices used during fires. The current devices are borderline unusable, and several have failed during afire. The joint powers agreement has allowed for a better price because of ordering in quantity. The individual price is $3, ! 74. 28, and additional items requested are face masks, buddy breathers, voice amps for ten air packs, two 60 minute bottles and fitting of masks. Thompson stated this would be quality equipment, which has been researched over the last year by our fire fighters. Nawrocki indicated that the low bid is only half of the price of the high bid, and two-thirds of the second bid,. so he questioned if we are sure we are getting what we asked for. Thompson stated the specifications were detailed Williams explained the need for these safety devices and the advantage ofpurchasing through a joint powers agreement. Gary Gorman, Assistant Fire Chief, referred to the devices now used which do not meet current regulations. Members of the Fire Department do not trust the old packs. Gorman spoke of a device failure he encountered. He indicated that the City of St. Paul ordered the same brand of breathing devices last fall, and in comparison we received a very good price. P. 6 City Council Minutes April 26, 2004 Page 3 of 11 Wyckoff questioned the recent fire at Chet's Shoe Store, which our fighters got under control very quickly. Thompson stated that the fire is still under investigation, but started outside of the building and does not look suspicious. Damage appears to be about $5,000. Motion to waive the reading of resolution # 2004-21, their being ample copies available to the public. Motion to adopt resolution #2004-21, being a resolution awarding the Joint Powers Agreement contract with the cities of Anoka/Champlin and Fridley for the purchase of Self Contained Breathing Apparatus (SCBA)to Metro Fh'e and Equipment of Ham Lake, Milmesota based upon their low, qualified, responsible bid in the amount of $112,820.99 to be appropriated from Fm~d 439-42200- 5180. RESOLUTION NO. 2004-21 BEING A RESOLUTION AWARDING THE JOINT POWERS AGREEMENT CONTRACT WITH THE CITIES OF ANOKA CHAMPLIN AND FRIDLEY FOR THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS TO METRO FIRE AND EQUIPMENT WHEREAS, the City Council of Columbia Heights entered into a Joint Powers Agreement with the Cities of Anoka Champlin and Fridley to administer the public bidding process, including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for Self Contained Breathing Apparatus, the bids were received, opened and tabulated according to law. The following bids were received, complying with the advertisement: Company Bid Amount Metro Fire and Equipment ................................................ $112,820.99 Bendlin Fire Equipment .................................................... 180,520.00 Gremd Forks Fire Extinguisher Company ......................... 231,786.00 Ranger Fire ........................................................................ 239,544.00 MSA Company .................................................................. 239,548.37 WHEREAS, it appears that Metro Fire and Equipment, 13915 Lincoln Street N.E., Suite D, Ham Lake, Miimesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED by the City Council of Columbia Heights, Mim~esota that the City of Anoka Champlin is hereby authorized to enter into a contract with Metro Fire and Equipment on behalf of the City of Columbia Heights for the purchase of Self Contained Breathing Apparatus per our quantity and bid sheet. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the bid documents. This project shall be funded from 439-42200-5180 5) Establish a Hearing Date of May 10, 2004 for revocation or suspension of rental property license at 4307 Universi _ty Avenue emd 3823 Polk Street Motion to Establish a Hearing Date of May 10, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Oscar Zamora at 4307 University Avenue N.E. Motion to Establish a Hearing Date of May 10, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 3823 Polk Street N.E. 6) 7) Approve attached list of rental housing license applications Motion to approve the attached list of rental housing license applications, in that they have met the requirements o£the Housing Maintenance Code. Approve Business License Applications Motion to approve the items as listed on th~p'.-~siness license agenda for April 26, 2004 as presented. City Council Minutes April 26, 2004. Page 4 of 11 8) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register coveting Check Number 107832 through 108152 in the amount of $850,743.61. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items as listed. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Adopt Resolution No. 2004-22, being a Resolution declaring the property at 3730 Tyler Street NE a nuisance and approving the abatement of violations from the property_ pursuant to City Code Section 8.602 Jim Hoefi, City Attorney, indicated the resolution details the chronology of the situation and the order to abate the violations. A picture of the property was shown. Hoefi stated this problem began two years ago and requested Council go forward with the abatement process, as it is appropriate in this situation. There is concern about the nature and amount of items, and immediate health and safety concerns from combustibles, radiant heat from the metals, and danger to the surrounding homes. Hoeft suggested going forward on an accelerated timetable. Hoefi indicated the property owner was not present at this meeting. Wyckoff stated that he was notified of the meeting. Wyckoff stated that since June 2002, several citations have been issued and court dates have been set. The property has continued to get worse. If the abatement is approved, someone will be hired to remove and store the valuable items. Hoefi stated that hiring someone is not a requirement, but the Fire Department has contacted an outside service regarding the possible cleanup. All items wouM be moved to another location, stored and insured for 60 days. We acknowledge there are some items of value, whereby we may recoup some of the cost, with the remaining amount owed assessed against the property. Hoeft indicated that if addressed as a public health and safety concern with an accelerated time fi'ame, the total cost would be a lump sum ten year assessment; if sent to District Court, payment wouM be a lump sum five year assessment. Wyckoff asked if this would include car removal Hoefi stated that vehicles are addressed under the junk vehicle ordinance. Gorman stated the property owner has been cited for junk vehicles and the licenses have been brought up to date. He described the current condition of the property, which includes an unfinished deck and a shed that is collapsing. The owner has asked Gorman if he could close two sides of the carport. He was told the area would have to be able to be secured Wyckoff stated the fi, ont of the property is very neat. She stated that some neighbors are uncomfortable with the situation and would like to be notified when removal takes place. Hoeft indicated that the operation and notification would be up to the Fire Chief, or per Council direction. If the neighbors have safety concerns, they can contact the Police Department. Nawrocki asked if the material wouM be placed in bonded storage. Hoeft indicated it would be so placed for 60 days. After that time, the property would be deemed abandoned and couM be placed on the City auction with the funds received subtracted fi'om the amount assessed Williams indicated that the owner has also not paid the administrative tag and re-inspection fees. Williams referred to the owner's last court date. Hoeft stated the owner was less than forthright at that time. Gorman stated the owner was given the opportunity to make significant changes prior to the March lst hearing date, but did not do so. Williams asked if Gorman considered this property a public health hazard Gorman stated that it might be a health hazard and is definitely afire hazard, which concerns staff and the neighbors. P. 8 City Council Minutes April 26, 2004 Page 5 of 11 Motion by Nava'ocki, second by Williams, to waive the reading of Resolution No. 2004-22, there being mnple copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocld, second by Kelzenberg, to adopt Resolution No. 2004-22, being a Resolution of the City Council of the City of Columbia Heights declaring the property at 3730 Tyler Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code Section 8.602. Harold Hoium, 4315 5th Street, stated the property should receive grandfathered status. Hoeft stated there are no such rights for public safety. Hoium asked what would be considered a health hazard Hoeft indicated vermin, combustibles, or danger for the adjoining properties. doyce Myers, resident, referred to abatement causing grand theft and referred to cats being taken to the pound across the river. Upon vote: All ayes. Motion carried. Hoefi indicated the need for Council to determine a time frame for the property to be brought into compliance. He suggested it be short or forthwith. Motion by Ericson, for the property owner to come into compliance on his property forthwith based on the public safety concerns. Hoeft stated this would mean 24 hour notification, as staff would not be prepared for removal before then. Nawrocki stated he brought this up one and one-half years ago and wants to see it taken care of. If taken to court, we are not sure what the jury would say is an appropriate timeframe. Hoeft indicated that forthwith would give the Fire Department authorization to determine when arrangements can be made to move the items. Fehst questioned what wouM be removed Hoeft indicated that would be up to the Fire Department, but wouM be significant. As the material will be in bonded storage, we are not depriving the owner of his property, rather holding it, allowing the owner to contest the matter in District Court. Motion seconded by Nawrocld. Williams questioned if the owner would receive more time if he paid the fines. Hoeft stated that the fines are not relative to the safety of the property. Fehst stated that initiating removal would take more than a day or two, and we want to get another removal estimate. Kelzenberg stated he would like to see a specific timetable in the motion. Ericson indicated that the last trial date was March 1st, the owner received proper notification of this meeting, and that this has been ongoing for two years. If it is truly a health and safety issue, the property should be cleared now. Kelzenbergfelt the motion shouM include a minimum of 24 hours. Motion amended by the maker and second: For the property owner to come into compliance on his property forthwith, but not before 24 hours, based on the public safety concerns. Upon vote: All ayes. Motion carried. RESOLUTION 2004-22 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE VIOLATIONS EXIST ON PROPERTY OWNED BY ANTHONY GRIFFITH (HEREINAFTER "OWNER OF RECORD"). P. 9 City Council Minutes April 26, 2004 Page 6 of 11 WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3730 TYLER STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS SENT VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON APRIL 16, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 25, 2002 an inspection was conducted and one violation was noted. A complim~ce order was sent by regular mail to the owner of record. 2. That on July 31, 2002, an inspection was performed and it was noted that one violation remained uncorrected. 3. That on October 8, 2002, an Administrative Tag was issued to the owner of record. 4. That on October 23, 2002, inspectors for the Fire Depm~ment inspected the property and noted that the violations were not corrected. Numerous attempts were made to contact the owner of record. On December 27, 2002, inspectors for the Fire Department inspected the property and noted that the violations were not corrected and the situation had gotten worse. After not getting a response from the owner of record and waiting until spring from the snow to melt, the Assistam Fire Chief inspected the property on April 22, 2003. 5. That on April 22, 2003 the Assistant Fire Chief reinspected the property and found the violations remained uncorrected. The owner of record approached the Assistant Fire Chief during this reinspection, discussed the situation, and stated that he would make an appointment to meet with the Assistant Fire Chief and discuss the violations at the property. A month passed and the Fire Department had not heard from the owner of record and on May 21, 2003, a letter was sent to the owner of record detailing the history of events surrounding the prope~y. The owner of record was notified in that letter that the property would be reinspected on June 23, 2003. 6. That on June 23, 2003, the Assistant Fire Chief r.einspected the property and noted the violations remained uncorrected. 7. That on July 11, 2003 the Assistant Fire Chief issued a criminal citation to the owner of record of the property. 8. That on April 15, 2004 the Assistant Fire Chief reinspected the property and noted that the violations remained uncorrected. A notice of abatement and public hearing was mailed to the owner of record by certified mail on April 16, 2004. 9. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. FAILURE TO CORRECT RMC VIOLATIONS - REMOVE ALL/ANY OUTSIDE STORAGE FROM THE PROPERTY. B. FAILURE TO SUBMIT REINSPECTION AND ADMINISTRATIVE TAG FEES TO THE CITY TOTALING $500.00 10. That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice of this hearh~g according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b). CONCLUSIONs OF COUNCIL 1. That the property located at 3730 Tyler Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3730 Tyler Street constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 P. IO City Council Minutes April 26, 2004 Page 7 of I 1 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution N0. 2004-23, being a Resolution amending Resolution No. 96-46 authori×irtg Certain Charitable Gambling Hoeft reviewed action taken at the last meeting regarding the Immaculate Conception Church request to reduce fees in specific instances, and the determination to set a policy for consistency. The would address an established Class A or B charitable gambling license in the city, requesting a temporary license of three days or less, on other than their premises, be granted the license for $25. Hoefi stated this information has been added to item number six of the existing resolution. Motion by Williams, second by Nawrocki, to waive the reading of Resolution No. 2004-23, there being ample copies available to the. public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to Adopt Resolution No. 2004-23, being a Resolution amending Resolution No. 96-46 authorizing Certain Charitable Gambling. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gmnbling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess orS1,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Coinmbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anythin~ to the contrary herein, an existing Class A or Class B licensee shall pay a license fee of $25 for an5' event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 26, 2004, and shall replace Resolution 1996-46.. Added Item- Sewer backup policy ~yckoff indLated that an error in the Sun Focus would be corrected to indicate the difference between blockages in public versus private sewer lines. Nawrocki stated that action was taken on one portion of the Sewer Backup Policy and did not want the rest of the discussion to die. He debated the determination that the last backup was fi'om a resident's line, referring to the difference in pipe size. He questioned hearing that there was apiece of pipe found in the line. Nawrocki stated that the backup of sewage is a greater health hazard than excess items in a resident's backyard The Public Works Director does not want City employees to get involved with cleanup because it is a health hazard It is more ora hazard for residents that are not trained and do not P. 11 City Council Minutes April 26, 2004 Page 8 of 11 have the proper equipment for sewage cleanup. Nawrocki stated this refers to backups in the street's main line, not the line into the home, which would be the property owner's responsibility. Nawrocki stated he spoke to personnel fi'om the City of Bloomington and they go in and determine the problem; if it is in the resident's line they are told to get someone on their own, and if it is in the street line they work with a cleaning service to clean and sanitize the home. They do not replace rugs, furniture or damaged items. Nawrocki stated another advantage of city involvement would be to predetermined charges with a cleaning company so residents do not have to hire someone' in an emergency situation. We need to recognize the health problem, not just look at the legal issue. Fehst agreed with an agent doing the cleanup work. He referred to employees that helped with cleanups in the early 1990 's and liability concerns. The sewer backups in the Madison area were determined to have been caused by a rooting company. As the City kept the line clean, the insurance company indicated we are not responsible. Fehst stated that further actions to eliminate illegal disconnects will be brought to Council, but is ve~7 expensive for the City and our residents. Williams indicated he thought the newspaper article on sewer backup assistance was misleading. We took the first step to help residents, however we buy insurance for this and must agree if they say the backup is not our fault. We should have a permit for private companies that clean lines. If we had to, own a company had cleaned the lines, we would have checked the results of their work. Fehst stated that our crews would have jetted the system. Williams stated that we are working on addressing illegal connections. Fehst indicated we looked at what 25 other cities do in these circumstances. Five cities pay for some portion of assistance. Fehst stated that Staff and Councilmembers have received negative feedback from residents who have paid for their own clean up and do not wish to pay for all cleanups. Williams stated that we have obligated a lot of money toward backup valve assistance. This can be discussed further at a work session. Fehst stated that as Councilmember Nawrocki would not be at the next work session, it could be discussed at the following one. Ericson stated that cost is one issue, but if there is concern for the health of residents we shouM give them information and help, the question is how much assistance should we give, who would provide it and what type of assistance. The health concern for residents is necessary whether the backup began in the public line or the private line. Wyckoff questioned doing immediately clean up and then deciding who would pay for it. Fehst stated that if it was not covered by insurance we wouM be responsible. Hoefi stated that before we could come in with a third party for cleanup, the property owner would have to understand that if the backup was not our fault the owner would be responsible to pay for the cleanup. It would give them the choice. Nawrocki stated that residents pay to have sewage removed in a responsible manner. He again requested to know the significance of the piece of pipe found This shouM be looked at as a moral responsibility and a health problem. Ericson pointed out the contradiction by Councilmember Nawrocki, stating that if this is truly a health issue we need to do the clean up, no matter what. We are looking at the cost, but the difference of opinion is who should bear the cost. Nawrocki stated that ifa backup is because of your own sewage you could stop it by not continuing to use the system. If in the blockage is in the street there is no way to stop it. Ericson again stated the need to provide information to the residents. As we do not agree on the costs, this should be discussed at a later time. P. 12 City Council Minutes April 26, 2004 Page 9 of 11 Kelzenberg asked that our ;League of Minnesota Cities insurance re,presentative attend a work session meeting to ask what more we can do. He suggested having residents sign a waiver, but would not agreed to send in our employees without the -proper training. Wyckoff ended the discussion, indicating it wouM be addressed at a work session. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki questioned 3808 Reservoir. Fehst stated this was addressed in the Friday re-port received by Councilmembers. Nawrocki stated that the fi'ont sidewalk and the alley are covered with dirt and trash at 3906 and 3906 ~ Reservoir. A construction debris shield should have been required. Nawrocki questioned uncom,pleted work at 3727 Reservoir. Fehst stated that Mr. Kloss has been sent a letter. Williams stated he s-poke to the owner who indicated he wouM not buiM a garage. There was confusion regarding the necessity o fa,permit to -put up a fence. Wyckoff stated that a ,permit is required to buiM any fence over four feet high. Hoefi indicated that staff should pass along this information. B) Report of the City Attorney - none CITIZENS FORUM Harold Hoium requested all current ordinances be abolished and-pro-posed ordinances to re-place them. Motion by Nawrocki, second by Willimns, that no further consideration be given to the ordinances proposed by Mr. Hoium. Upon vote: All ayes. Motion carried. Karstin McCarthy, 4213 5th Street, stated that all old ordinances should be re-placed with new ones that the citizens must vote on. Joyce Myers stated the property approved for abatement is organized, and the City just wants to destroy his life. COUNCIL CORNER Nawrocki · Action taken at the Economic Development Authority meeting o Removal of the NEI building. This is premature, as discussions continue regarding the need for more gym space. Questioned $18,000 to save stone from the building. Staff is pushing for removal because they want tiffs to be a new city hall, library and civic center. o Authorized development agreement with Robert A. Williams and Gary Peterson for 40th and University. The original developer'did not proceed within the required 180 days. This property used Community Development Block Grant funds and remains idle. Williams and Peterson asked for the same consideration as the previous developer, which is to come up with a development proposal for City approval. o Authorized contract to replace carpeting in the Parkview Villa South building. One bidder offered to deduct $2,000 to exclude replacement of the plastic on the sidewalls. Suggested this be considered. o HRA was informed $100,000 would have to go back to HUD, as it was not spent fast enough. Fehst ex,plained the change in law during 2002, which caused this. · Questioned if we are looking at a study of our utilities security, as mandated. Fehst stated we do not have a contract with a security firm. Major concerns were addressed with a new fence and better lighting. · Referenced newspaper article on faulty bullet-proof vests and questioned who our supplier is. Wyckoff stated the information would be pp. 13t on to the Police Chief~ City Council Minutes April 26, 2004 Page 10 ofll Suburban Rate Authority meeting discussion included paying dollars based on the mnount of gas sold in our community. Our annual fee is about $1,200 and will remain the same for next year. Pipeline safety groups are trying to establish standards making the local government liable for errors during location of gas lines. The SRA is following this issue. The State has authorized Xcel to spend one billion dollars to redo electrical plants. There is concern for the bidding process and how the money would be spent, as costs are passed on to the consumers. · The City Planner is leaving the city - strongly urge we not lfire another planner and review the planning services we need. · Concerned with overnight parldng in the lot west of City Hall. · American Legion Post 230 will hold a Memorial Day service at the City Hall flag pole on Monday, May 31, 2004. · Public Works Department took down twelve trees in the community. · A Vildngs stadium will be discussed on Wednesday at the Anoka County Elected Officials meeting. An Anoka County sales tax would be considered as possible funding. Has written his opinion to the Comity Commissioner that there should be a vote by the citizens of the county. Ericson DARE graduations for local elementary fifth graders are held in May. This is a partnership between the schools, police and parents. · There will be a free Minnesota Twins baseball clinic on May 15th for children ages 6 to 16. They do not need to be residents of Columbia Heights. Contract the Recreation Department. · Last week was Earth Day. Many groups did activities; the 4th graders from Highland Elementary cleaned up Kordiak Park. Any additional activities forwarded to the City Council will be recognized. · The April Values First values are Self-control and Self-discipline. Williams · Reported that only one person spoke at the Board of Equalization. Referred to cut-rent values in the community. Street improvements guarantee property values increase by the amount charged. Hoeft stated that the benefit to the property must equal or exceed the value of the improvement. The average property value in Colutnbia Heights is $212,000. Again referred to reverse mortgages. · Stated he abstained from the vote on 40th and University Avenue and indicated the request was to give them the same opportunity as the previous developer. They will look for citizen input and want to build a nice facility. Wyckoff stated there is a 120 day option to accept, reject, or modify the development options. Ericson stated this was only a predevelopment agreement. · There is an officer worldng at the Water Works. Fehst stated he could not give specifics, but there is security at the facility. Nawrocki stated that the water tank is ours. · Pray for the health, peace and prosperity of our City. · Responsibility and accountability are the Values First values for next month. Kelzenberg · On April 17th a $5,000 check from the MN Twins Grant was accepted for Keys Park. -- Attended the April 23ra mock car crash at the high school. Than_ked Police CbJef Job_n_so_n_, Assistant Police Chief Roddy, Fire Chief Thompson and the Fire Department for making this a success. Wyckoff · 60 people attended the Town Hall meeting last Thursday regarding gymnasium space. The consensus was to build more gyms with encouragement to do so with the schools. The cmmnunity should make the decision regarding the NEI property. · Bob Streetar will speak at the May 5~' First Wednesdays with the Mayor at the Library. P. 14 City Council Minutes April 26, 2004 Page 11 ofll Tomon'ow night at 8:00 p.m. the EDA will discuss what is happening in the industrial area. · Met with Paul Ostrow, NE Minneapolis Councilmember and our City manager to discuss Minneapolis building a commtmity center using Ray I~oc funds. They are considering the property at 37th and University as one of two possible areas. It would be bigger than anything Columbia Heights could build. Not sure yet of om- involvement. There will be other meetings. Fehst stated the current consideration is the application to the Kroc Foundation and would be no less than a $20 million project. The prototype in California was about $1 O0 million. We would still need some gym space. Attended the Mayor's Conference in Fergus Falls. Many communities do a yearly survey sent with the water bill asking what direction they want to see the city go toward. The City of Roseville shows their redevelopment in real-time on the web. Would like to discuss this possibility with Mr. Nedegaard. · The Mayors of Moorhead and Plymouth are building a relationship. The Mayor of MantmMlle has requested a similar experience with Columbia Heights. The League of Minnesota Cities would set this up. · Would like our city listed on the mnpro.com web site. Miscellaneous · Nawrocki requested the list cormnunities contacted regarding sewer backup policies. Fehst stated this was included in the report. · Nawrocki stated there is a trailer on the K-mart site. Fehst stated that it is a sales office. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:38 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 15 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY. COUNCIL MEETING MAY 10, 2004 tHESE MtNUTEo HAVE BEEN APPROVE . The following are the minutes for the regular meeting of the City Council held at 8:00 p.m., immediately following the EDA meeting, on Monday, May 10, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Colturtbia Heights, MN. Pastor Dan Thompson, Columbia Heights Assembly of God, gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested discussion of the sanitary sewer compensation policy. Motion by Williams, second by Ericson, to discuss sanitary sewer dmuage compensation at the next work session meeting. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. Mayor Wyckoff added item 7C, discussion regarding City survey. PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS Presentations ~ DonaM F'esley, Library Foundation member, updated the City Council on the Library fundraiser scheduled for June 26, 2004 at the Heights Theater for the Library Foundation. The movie "~Vrongfully Accused" written by Columbia Heights native Pat Proft will be shown. There will also be a silent auction and Mr. Profi will conduct a question and answer period This comedy has references to the Columbia Heights Jamboree. Tickets will be available at Jeff Bobby and Steve's Auto l~orld, City Hall and Northeast State Bank for $10. Vesley stated that this movie is appropriate for the entire family. CONSENT AGENDA Wyckoff removed #3 for discussion Nawrocki removed #2 for discussion City Manager Walt Fehst took Councilmembers tlu:ough the consent agenda items. 1) Establish Work Session meeting date for Monday, May 17, 2004, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, May 17, 2004 beginning at 7:00 p.m. in Conference Room 1. Fehst listed proposed topics for the May 17 work session: · Selection of an Auction House Smwices vendor for the auctioning of surplus City property and Police confiscated items. · SAC/WAC fees P. 16 City Council Minutes May 10, 2004 Page 2 of 8 · I/! Program: Sump Pump disconnect ordinance · Sewer backup policy Wyckoff suggested adding discussion to conduct a citywide survey. 2) Approve Schafer-Richardson Preliminary Development Agreement - removed 3) Authorize the purchase of two '04 Ford Crown Victoria Police vehicles in the amount of $41,190 - removed 4) Authorize transfer of funds received for Officer off duty work from General Fund to Police budget overtime line Motion to transfer $3,273.75, the total amount received from Unique Thrift store, CHHS activities, and Valley View Elementary PTA for off duty security worked, from the General Fund to the Police Department 2004 budget under line #1020, Police Overtime. 5) Authorize 2004 Jamboree permit to close Jefferson Street and authorize the Police Department to issue a parade permit Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 21, 2004 through Sunday, June 27, 2004. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 2004 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. 6) Establish a Hearing Date of June 14, 2004 for the reuse of CDBG Funds Motion to establish a Public Hearing Date for June 14, 2004, at approximately 7:00 p.m. for the purpose ofreallocating CDBG funds that were formerly used to acquire property at 4607 Tyler Street NE. 7) Adopt Resolution No. 2004-24, being a Resolution accepting bids and awarding a contract for City Project #0400, 2004 Miscellaneous Concrete Repairs and Installations Motion to waive the reading of Resolution No. 2004-24, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2004-24 accepting bids and awarding the 2004 Miscellaneous Concrete Repairs and Installations, Municipal Project #0400 to Ron Kassa Construction Inc. of Elko, Minnesota based upon their low, qualified, responsible total bid in the amount of $15,493.50 with funds to be appropriated from Fund 401-50400-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. RESOLUTION NO. 2004~24 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2004 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY pRoJECT No. 0400 TO RON KASSA CONSTRUCTION WHEREAS, pm'suant to an advertisement for bids for City Project No. 0400, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction $15,493.50 Thomas & Sons $20,252.20 Gunderson Brothers $22,326.50p. 1 7 City Council Minutes May 10, 2004 Page 3 of 8 WHEREAS, it appears that Ron Kassa Construction Inc., 6005 250th East, Elko, Minnesota 55020 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2004 Miscellaneous Concrete Repairs and Installations, City Project No. 0400, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0400 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. 8) Establish a Hearing Date of May 24, 2004 for revocation or suspension of rental property license at 943 42nd Avenue and 3849-51 Central Avenue NE Motion to establish a Hearing Date of May 24, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Merlin Gainer at 943 42nd Avenue NE. Motion to establish a Hearing Date of May 24, 2004 or Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic LLC at 3849- 51 Central Avenue NE. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 10, 2004 as presented. 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 108153 through 108299 in the amount of $381,204.40. Nawrocki questioned the NEI building removal costs and if there would be any funds remaining. Randy Schumacher, Community Development Assistant, listed the project costs including demolition, asbestos removal, survey, appraisal, and tank removal. There will be no remaining funds. Ericson stated this wouM be discussed at the hearing. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, eXcluding items number 2 and 3, as presented. Upon vote: All ayes. Motion carried. #2 Approve Schafer-Richardson Preliminary Development Agreement Wyckoff stated that the Economic Development Authority (EDA) approved entering into a 180 day preliminary agreement with Schafer-Richardson. During that time we can accept, deny or ask for plan modification. Nawrocki asked that a presentation be made for the people watching on cable Z V. Wyckoff indicated t,he same information was broadcastjust prior to this meeting, but asked Mr. Schumacher to give a brief review. $chumacher indicated that following 50 minutes of discussion, the EDA approved the predevelopment agreement for the industrial area with Shafer-Richardson. Redevelopment of this area has been the number one priority of the City Council for several years, with funds of $1.5 milliondollars received for contamination cleanup. We are working with Shafer-Richardson, who is proposing high density owner/occupied housing for the area. They currently own the majority of the property in Phase I, or about 11 acres. The preliminary agreement allows us to negotiate details of the development. The time frame for Phasep. 18'uld be two to three years. The agreement would be City Council Minutes May 10, 2004 Page 4 of 8 for the entire area. There will be public hearings and informational meetings held regarding this site. Williams indicated this project has been in process for three years. Shafer-Richardson is a very reputable developer. We will need an additional $3 million for clean up. Schumacher stated total cleanup costs would be $4.6 million, and the State is closely following this project as a high priority in a first ring suburb. Williams stated that the entire community would be invited to participate in the planning. Williams referred to the Huset Park study and the impact of the industrial redevelopment 'area. Nawrocki asked if this agreement is it for Phase ~ I1,, and III. Schumacher stated that the agreement applies to the entire redevelopment area of about thirty acres. Nawrocki questioned public dollars needed for the redevelopment, and indicated that no neighborhood public meetings have been held yet. Nawrocki indicated that the area should also include industrial development. The housing market may drop off and we will need jobs for the community. Motion by Ericson, second by Kelzenberg, to approve the Preliminary Development Agreement between the City of Columbia Heights and Schafer-Richardson, the developer of the Industrial Park Redevelopment Project; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay. Motion carried. #3 Authorize the purchase of two '04 Ford Crown Victoria Police vehicles in the amount of $41,190 Steve Synowczynski, Public Works Shop Foreman, stated the year, mileage and repair history of the vehicles proposed for replacement indicating the vehicles show a lot of wear and that their use has been extended as far as possible. These vehicles would be sold on public auction. Police Chief Tom Johnson stated this amount is from the State bid and is over $600 less than last year. The purchases would maintain the Police vehicle fleet at ten marked squad cars and six unmarked cars. Motion by Kelzenberg, second by Williams, to authorize the purchase of tWo 2004 Ford Crown Victoria Police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $41,190, and that the Mayor and City Manager are authorized to enter into a contract for same. Upon vote: All ayes. Motion carried. PUBLIC HEARING Adopt Resolution No. 2004-25, being a Resolution for Rental Housine Revocation at 3823 Polk Street NE. Assistant Fire Chief Gary Gorman gave the background on attempting to license this single family home rental property. There has been no response from the owner. Williams questioned fees to reinstate this license. Gorman stated it wouM be the original fee, plus fifiy percent. Wyckoff stated the owner was notified of this meeting. Motion by Ericson, second by Williams, to waive the reading of Resolution No.2004-25, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution No. 2004-25, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Robert Zschokke regarding rental property at 3823 Polk Street NE. Upon vote: All ayes. Motion carried. P. 19 City Council Minutes May 10, 2004 Page 5 of 8 RESOLUTION 2004-25 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ROBERT ZSCHOIrdrdE (HEREiNAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3823 POLK STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MARCH 31, 2004 OF A PUBLIC HEARING TO BE HELD ON MAY 10, 2004. NOW, THEREFORE, iN ACCORDANCE WITH THE FOREGOiNG, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDiNGS OF FACT 1. That on or about February 1, 2004 a relicensing application was sent by regular mail to the owner of the property at the address listed on the rental housing license application. That on March 2, 2004, the Fire Department inspection office staff, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application and copies of the notice were sent to the tenants. That on March 31, 2004, the Fire Department inspection office staff sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by certified mail to the owner of the property at the address listed on the Rental Housing License Application. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUMBIT A RELICENSING APPLICATION B. FAILURE TO SCHEDULE A RMC INSPECTION 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3823 Polk Street NE. is in violation of the provisions of the Colmnbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F5972 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. B) Close the Public Hearing regarding the revocation or suspension of rental license at 4307 University Avenue. Mayor Wyckoff closed the public hearing regarding the revocation or suspension of the rental license held by Oscar Zamora regarding rental property at 4307 U~fiversity Avenue NE in that the property has been sold and is no longer rental property. P. 20 City Council Minutes May 10, 2004 Page 6 of 8 ITEMS FOR CONSIDERATION Other Business Hyckoff describedjoint discussions with our schools regarding the need for additional gym space. To requestpublic input, a survey will be included in the next series of water bills. Deb Johnson, resident, stated that condominium owners do not receive water bills. Hyckoff indicated that the survey could be included in the City newsletter. She indicated the request of the schools for Decision Resources Inc. to conduct the survey. Hyckoff referred to possibly obtaining grant money in the future for such a survey. Hyckoff indicated discussion at the last work session with Mike £eterson, School Board Chairman, regarding joint cost saving efforts with our newsletters. The newsletters may be mailed together to save on postage costs. Hyckoff indicated her dream for a new city center with gym space. Hyckoff referred to the discussions with the City of Minneapolis regarding possible construction o fa mega YMCA building. Fehst stated there is a joint application to be submitted in September by the Boys and Girls Club and the YMCA, possibly including us, for a $20 million Ray Kroc Community Center at 37th and University Avenue. Hyckoff indicated it would include a cultural area, performing arts area, art classes, and exhibits. This would be owned by Hennepin County. Hyckoff stated that the Montessori School at St. Tim's wants their own building Nawrocki indicated that ifa survey were sent to residents, he would want to see the suggested questions before it is sent out. He expressed concern that there is discussion of building four gyms, and that it is imperative to work with the School District, as youth from Fridley would use the facility and would broaden the base of funding. This is not high on his list of priorities. Hyckoff asked if condominium owners get the City newsletter. Nawrocki stated that multiple dwelling residents shouM receive a copy to their address. ADMINISTRATIVE REPORTS Report of the City Manager - none Report of the City Attorney Hyckoff asked for an update of the property at 37th and Tyler. Jim Hoefi, City Attorney, stated that Assistant Fire Chief Gorman has obtained three quotes for removal costs and that removal would be moving forward. A local contractor gave the lowest quote. The necessary documents have been served on the owner. CITIZENS FORUM Deb Johnson, 999 4J*t Avenue, stated that the CAST Theater Company has put up a rope light marquee that is unsightly. Hyckoff indicated this would be researched. COUNCIL CORNER Ericson Plam~ing and Zoning Chairman Ted Yehle has resigned, as he is moving out of the community. Applications are available at City Hall. Appreciate the hard work and energy he gave to this community. P. 21 City Council Minutes May 1 O, 2004 Page 7 ot'8 Willimns · The Prayer Breakfast will be this Wednesday at Murzyn Hall, with tickets available at the door. Nawrocki · What action has been taken and is there a rental license for 3808 Reservoir. Fehst stated action has been taken, but we cannot determine whether there are renters orjust fi'iends helping with the bills. · What is happening at 3906 Reservoir? Fehst stated the owner ofproperty has been given until Friday to. complete the required actions. If not, a silt fence will be installed in the alley and the owner will be billed Timbers have been removed, but nothing else has been done. · Discussed payment of ProSource bill without a contract. We need proper controls. Service contracts should require a signed contract and correct paper trail. Progressive work payments should be kept track of. Fehst agreed and indicated that budget cutbacks have required individuals to carry more of the burden. He referred to the past situation in the Community Development Department. Walker Elder Care petty cash needs to have a paper trail created. · When will the Jackson pond screening be put in place. · SAC/WAC fee should be established before new housing construction begins. · Offered to take the special training required for the Board of Appeals. · Questioned requirement for utilities department to have vulnerability study or plan. Fehst stated this would be done internally and reviewed by an outside source. Disappointed with landscaping south of Fairway in New Brighton. There should be screening. Fehst stated that most of the trees have been planted and the hill seeded, but does not look very good. · In walldng around Sullivan Lake, discovered the sorry state of the area with dead branches and graffiti on the poles and benches. Bicycles speed around the lake on the path; we need to look at signage or spot check around the lake. · Responded to the Mayor's memo regarding hazardous trees and the tree removed from Ramsdell Park. · Attended the Arbor Day ceremony and read a poem about "Why an old man plants a tree". The tree planted was provided in memory of Don Jolly and commemorated with a plaque. · Regarding reimbursement to residents for sewage backups into their homes, discovered the City can purchase additional no fault insurance to cover these situations. Referred to payment to the LaCasita restaurant for their backup. No fault insurance is based on 8.5 percent of public liability, which would be less than $10,000 for us. The bad news is the League of Minnesota Cities will not issue this to us. Fehst stated that we have applied, but we are not eligible because we have no infiltration policy, do not clean lines as often as we should, and our paperwork over the years. We will continue to work toward qualifying for this type of insurance. Williams · We must address illegal infiltration intrusions. Questioned the LaCasita claim. Bill Elrite, Finance Director, stated this was a negotiated settlement between the League of Minnesota Cities (LMC) and the owners. The LMC determined that the City hem some liability, as the line was not cleaned on time. · Asked that Councilmembers receiving complaints for the senior building refer the calls to Walker Senior Care management staff. · Pray for the people, health, and prosperity of our city, and others who are extremely ill. · The Prayer Breakfast will be this Wednesday. · Referred to information from Steve Johi~son, which listed property values of homes in Columbia Heights. Nawrocki stated that the average person moves every ftve years, but in Columbia Heights it must be a lot higher than that. P. 22 City Council Minutes May I 0, 2004 Page 8 of 8 Kelzenberg Is the City representative on the Gym Needs Task force. NEI is the only place the gyms should go, as the school already has five or six gyms. Response from some residents is the gyms should not all be at the schools, but centrally located in town. Wants a relative referendum on this year's ballot. We cannot wait, but wants to hear from all residents. We need possibly four gyms as soon as possible. The school proposes to work together by giving us the land, but this would take green space from the students. Asked that positive people come forward and indicate what they would like to see on the NEI site. We need to bring in the tax dollars that would be spent to keep the city going. Refen'ed to a raffle ticket he bought and won and said that if we are not going to buy a ticket, we are not going to win. What decisions the community makes now are what will determine if people stay in our community. We have to do this now, as interest rates will be rising. Wyckoff · Read a reply frO1Tl the Public Works Director on private line sewage backups. ADJOURNMENT Mayor Wyckoff adjourned the meeth~g at 9:45 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 23 CITY OF COLUMBIA HEIGHTS 820 40TH AVENUE N.E., COLUmbia HEIGHTS, mN 55421-2996 (763) 706-3690; TDD (763) 706-3692 PUBLIC LIBRARY Board of Trustees Barbara Miller Chair Patricia Sowada Vice-Chair Audrey Hyatt Secretary Nancy Hoium Catherine Vesley ,.,.~a,, 4, 2004 Members at large Julienne Wyckoff Council Liaison The meeting was called to order by Chair, Barbara Miller, at 7:05 p.m. Those M. Rebecca Loader Library Director members present were Barbara Miller, Na~)cy Hoium, Patricia Sowada, Catherine Vesley, and Audrey Hyatt. Others present: Library Director Becky Loader. It was moved, seconded and passed to approve the minutes of the April 6, 2004 Board meeting as mailed. ~.. Bill list dated 4/26/04 was reviewed.' It was moved, seconded, and .passed that they be paid. Bill list dated 5/10/04 was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Old Business: 1. Update on ILS. A consultant has been hired, and he will be out for a site visit the first week of June. An RFP will be written, and the process up to signing the contract will take approximately six months. Funds will need to be expended from the 2005 budget. 2. NEI redevelopment update. Catherine Vesley attended the town meeting and emphasized the need for-a large scale project complete with a library, city center, etc. Tom Sherohman was also there and spoke very effectively about the need for a new library and a coordinated project. Most of the people at the meeting were parents of school age children who want gymnasiums built. The committee tabled the vote pending further discussion. The new fixtures and bulbs have arrived for the Xcel lighting program. Workers initially had to do some rewiring. They are working very hard and hope to be dOne within the week. The CHPL will not be closed to the public during the project. Discussion about the Jamboree Parade scheduled for June 25, 2005. Becky Loader to post sign-up sheet for the staff to walk in the parade and hand out bookmarks. CHPL board and staff will meet at the Library at 6:00 p.m. the day of the parade. Possible modes of transportation: Tom P. 24 THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES Personnel Update. Joanne Peterson began her position as Library Clerk on 4/26/04 and was introduced at the City Council meeting on her first day. Internet filtering statement update. It has been revised slightly since last month. Members agreed that it is a very succinct, informative document. Ther~e was discussion about whether to post a shortened version of this statement to. the public via newsletter or the bulletin board. It was decided to wait until the current legislative session is over. New business: 1. The special assessment to widen Jackson Street will cost $12,500 in 2005. Julienne Wyckoff is pursuing how these assessments are handled within the City. 2. Resolution for graduateS was offered and passed May 4, 2004. 3. The budget hearing meeting has been moved to October 18, 2004. All Library Board members are encouraged to attend. It was moved and passed that the Library be closed on August 27, 2004 so the staff can attend the Anoka County Library Staff Day. In addition, the cost for lunch for the staff will be covered. 5. Becky reported on a recent request for reconsideration filed by a patron. The Columbia Heights Fifth Annual Prayer Breakfast is to be held on Wednesday, May 12, 2004, 7:00 a.m. - 8:45 a.m. at Murzyn Hall. Attendance is optional. The mainter~ance agreement on the public service copier is being reviewed by Becky and Coordinated Business Systems. Becky will keep the Board apprised of the situation. 8. Nancy Hoium moved, Pat Sowada seconded, and the following request for transfer of funds was passed: Request for the transfer of $400 from 2183 Audio Cassettes (juvenile) into 2185 Compact Discs (juvenile). Becky Loader read the dedication from Joseph Check in the book "The Last Stand of the Tin Can Sailors". Mr. Check, a former resident of Columbia Heights, is one of the sailors in this book. 10.The article about the community center written by Eric Hagen in the Focus received positive feedback. ?.25 11 .Tim LaBatt, who works for the Star/Tribune and is a police reservist for Columbia Heights, applied for and received an award for $1000 to be given to a charitable organization. He donated the entire award to the Library Foundation. 12.The Foundation and some library staff are working very hard for the fundraising event on June 26, 2004. Tom Sherohman brought tickets to sell for '¥Vrongfully Accused".to the Old Timers Event at Murzyn Hall. Kelly OIson scanned pictures from the film production book and these pictures will be used for press releases. Tom will coordinate press releases; Becky and Kelly will create posters to advertise the event. Tickets will be available on Friday at Jeff's Bobby & Steve's Auto World, Northeast Bank, and City Hall. Many items have been received for the Silent Auction. The Board members will also contribute an item for the Silent Auction; Audrey Hyatt will coordinate the purchase. There being no further business the meeting was adjourned at 8:50 p.m. Rely submitted, Audrey J. Hyatt, Secretary Columbia Heights Public Library Board of Trustees P. 26 THESE tVilNUTES HAVE NOT BEEN APPROVED City of Columbia Heights Park and Recreation Commission April 29, 2004 The meeting was called to order by Eileen Evans at 6:33 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Bruce Kelzenberg; David Payne; Marsha Stroik; Kevin McDonald; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Also present: Walt Fehst, City Manager; Bob Streetar, Community Development Director; Jim Mailand, Bonestroo Consultant Excused Absent: Gary Mayer Absent: None APPROVAL CONSENT AGENDA Commission Member, Jerry Foss, asked if any money for ball field rental is recouped from other organizations using the fields. Recreation Director, Keith Windschitl, stated that some schools are charged a minimal fee but we do not charge Columbia Heights School District #13 or Immaculate School. He also indicated that the Recreation Department uses the School District gyms. Motion to approve consent agenda by Foss, second by Payne. All ayes, motion carried. LETTERS AND REQUESTS There are no letters or requests at this time. OLD BUSINESS HUSET PARK MASTER PLAN Public Works Director/City Engineer, Kevin Hansen, stated that Bonestroo Consultant, Jim Mailand, would be presenting two different plans for the Huset Park Plan for input and direction from the Commission Members. Jim Mailand noted that the use of Huset Park would not change ball fields but would re-orientate the park with what is currently there. Both plans showed the removal of large parking lots on both sides of Jefferson and the introduction of a round-a-bout at the intersection of Jefferson and 39th Avenue to slow down the speed of vehicles. The plans include 204 total parking stalls designated to the P. 27 PAGE TWO park itself. Behind Murzyn Hall the parking lot would be replaced with a turn around horseshoe. A small, no standing water pond, that also serves the new development area would be created on Huset East and a large holding water pond would be created on Huset West. The large holding water pond may include a walking path around the pond, bridges and a gazebo. There would be a pathway around the entire park and a centralized building would be in place between the ball fields on Huset West. City Manager, Walt Fehst, informed the Commission that there would be a 30-acre parcel south of Huset West that will be developed into residential townhomes. He feels the park should represent the needs of the community and is concerned that the plan is too congested. He questioned if one or two ball fields could be moved to a different park to add more passive use at Huset Park. Kevin Hansen noted that the ball fields would serve several uses ranging from t-ball to adult softball. The fields are used every night. By moving a ball field to a different park it would affect the traveling leagues that are currently in place. He also noted that the other parks within Columbia Heights are not large enough to hold regulation ball fields. Obtaining grant funding would require the ball fields to be regulation size. Parking at most other parks is also limited, or insufficient. Community Development Director, Bob Streetar, stated that the Council's priority is the redevelopment noting that the current market is calling for residential. He would like to see the edge between the park and new development softened with greenery. He also noted that the developer is concerned on how the park lighting will have an effect on the development. Commission Chairperson, Eileen Evans, noted that the park light would be an advantage for security. Kevin Hansen stated that the issue of lighting was proposed to the current Huset Park residents and they did not feel that lighting is an issue. Jim Mailand noted that it is a struggle to find places to build active parks. People now want convenience and the people coming into the new development will need recreation. It was also noted that all of the passive space equals 1/3 of the park; it is just spread out throughout the planned area to serve as buffer(s). Kevin Hansen supported that statement noting that anything that would be done now would be redevelopment as there is no available parldand to redevelop. The current plan does not intensify usage of land while it has increased green space, with the addition of the large ponding area to the west. Kevin Hansen informed the Commission that the next planned step is to have a public meeting inviting the developer and a wider area of the community. Eileen Evans suggested that a plan be drafted by that time to reduce having too many choices regarding the park plan. Motion by Foss, second by Greenhalgh to look at plan number 2, look at accommodating buses and parking behind JPM and to keep the t-ball and Babe Ruth athletic fields. All ayes, motion catTied. P. 28 PAGE THREE NEW BUS]NESS MURZYN HALL ADVERTISING Recreation Director, Keith Windschitl, informed the Commission that he is researching advertising avenues to get JPM more exposure and revenue. One option is the Twin City Bridal Association which entails a $595 annual membership where there would be a website link for JPM that would be published in their books two times per year. Motion by Foss, second by Stroik to continue to research advertisement options. All ayes, motion can-ied. 2004 FIREWORKS DISPLAY Recreation Director, Keith Windschitl, indicated the City has received several proposals for the 2004 fireworks show. Ben Erickson, Columbia Heights resident, has indicated he would design and operate the show if we decided to go with RES. The total cost of the fireworks bid is $6,000, $3,000 in which is covered by the City of Columbia Heights. The remaining $3,000 is received in donations. Keith Windschitl noted that several years ago the City of Columbia Heights used RES for fireworks and he would like to use them again this year. Motion by Foss, second by Payne to use RES for the 2004 fireworks display at the Columbia Heights Jamboree. All ayes, motion carded. REPORTS RECREATION DIRECTOR Recreation Director, Keith Windschifl, thanked those who came to the town facility meeting. There were approximately 80 people in attendance and it was a positive meeting. The question is if the school district and the city should work together or if the city should work independently to build a community center. Motion by McDonald, second by Foss to the have City of Columbia Heights go to referendum vote in Fall 2004 for gym space and park money. All ayes, motion carded. Recreation Director, Keith Windschitl, requested that the May Park and Recreation Commission meeting be moved from May 26, 2004 to May 20, 2004 and the time to be changed to 6:00 p.m. This change would put the new Park and Recreation Commission meeting ahead of the Huset Park neighborhood meeting. Motion by Payne, second by Foss to move the May Park & Recreation Commission Meeting to May 20, 2004 at 6pm. All ayes, motion ca_riled. P. 29 PAGE FOUR PUBLIC WORKS DIRECTOR/CITY ENGINEER Pubhc Works Director/City Engineer, Kevin Hansen, informed the Commission that they will continue to look for grant funding, similar to the grant the City was awarded by the Minnesota Twins grant for Keyes Park. His department will be looldng at the LaBelle Pond pathway and McKenna softball field 2 by the wading pool, and may seek grant money from Medtronic for other park improvements. Commission Chairperson, Eileen Evans, asked if something had been done to LaBelle Pond prior. Kevin Hansen stated, yes, to CO~Tect erosion. COMMISSION MEMBERS Commission Member, David Payne, questioned the Commission if hosting MYAS baseball tournaments at Huset Park would be an option to raise money for Huset Park. Recreation Director, Keith Windschitl, stated that it would be hard to work with MYAS due to the Recreation Department not having any teams registered with MYAS this year. Meeting adjourned at 7:15 p.m. Tina Foss, Park and Recreation Commission Secretary P. 30 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS HUMAN SERVICES COMMISSION MINUTES MAY 12, 2004 Call to Order The meeting was called to order at 6:45 p.m. Appoint Recording Secretary for the Meeting Magee volunteered to be the Recording Secretary. Roll Call Present: Khaled Qamtfieh, Jocelyn Hall, Mayor Wyckoff, and Linda Magee, Assistant to the City Manager Excused Absence: Sarah Kogut Unexcused Absence: Mohamed Hassan Osman, and Sean Clerkin. Approval of Minutes from February 25, 2004 Cmmnission Meeting Motion by Hall, second by Qamhieh to approve the minutes of the February 25, 2004 Commission meeting. All ayes. Motion carded. o Old Business a. Taste of Heights Recap Eight restaurants participated in this year's Taste of Heights. Wyckoff listed the restaurants and the number of tickets collected by each: Chew Grill (Autowofld) 49 Olive Tree 134 Dragon House 244 E1 Bustan 156 LaCaberna Bar & Grill 140 Sahib's 139 500 Club 87 Udupi Caf6 151 The total tickets sold for 2004 were 1,100. The number of tickets sold at the past Taste of Heights were: 2003 - 1,028; 2002 - 1,252; and 2001 - 1,536. The wine tasting held at the Taste of Heights appeared to be a success and well received. Wyckoff indicated that the Rising To New Heights Committee has approached her suggesting they would like to hold their Housing Fair in conjunction with Taste of Heights. A potential facility for a joint event 1..1 1~ .~'~ I + ~ ~- Athth , - q ~,~ X · ~ te- ,, '1 wom,~ oe · nst ,_~mheran Ch~ch a~ -,,, and Tyler otr,.,.t. ¢,ryc~,o~ ,ur! pursue this location. The suggested date for next year's Taste of Heights is Sunday, April 3, 2005, as the last Sunday in March is Easter Sunday. Murzyn Hall has been reserved for this event, in case First Lutheran does not turn out. P. 31 o New Business a. Humanitarian of the Year Selection Cormuission l~aembers reviewed applications received for Humanitarian of the Year. Following discussion, Fran Jensen was selected by unanimous consent. The Humanitarian of the Year reception will be held on June 14, 2004 in the City Hall Conference Room from 6:00 to 7:00 p.m. Cmmuission members will solicit gifts and certificates to be presented at the reception. Wyckoff will notify Ms. Jensen of her selection. Magee asked that the Colmnission members be there at 5:30 p.m. to assist. Magee will make arrangements for cake and refresluuents Magee indicated that Chairperson Sarah Kogut is temporarily in Califonfia on a six month contract assignment. She will know by late smmuer whether it will become permanent or if she will be returning to Minnesota. Adiourmnent The meeting was adjourned at 7:25 p.m. Linda L Magee Recording Secretary cOLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 24, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER' S APPROVAL Date for Monday, June 7, 2004 NO: DATE: May 19, 2004 DATE: It is recommended that a Work Session meeting be scheduled for Monday, June 7, 2004 begimting at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, June 7, 2004 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: P. 33 CITY COUNCIL LETTER Meeting of May 24, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. g- A' L[ POLICE APPROVAIr: ITEM: Selection of auction house for auctioning of BY: Thomas M. Johnsork=rt BY? NO. excess City items, department evidence, and DATE May 13, 2004 found property. BACKGROUND Back on July 21, 2003, the Police Chief approached the City Council at a work session reference using an auction house to auction offexcess City property, department evidence and found propen~y. At that time, the Chief of Police reported to the Council that for the past several years the Police Department has set up, organ/zed, and hired an auctioneer for the annual auction. Tlfis function is extremely labor intensive, taking up many valuable hours of staff time. The Chief of Police has discovered that other cities in Anoka County contract with an auction house to come and pick up excess items, evidence, and found property. They take the items to their auction house, have them track, set up, sell the items, and then receive a check for the profits. The auction house does this at a cost of around 35% of the revenue. This would include vehicles and excess maintenance equipment. During the past month, I have approached four auction houses used by other cities in our area, or that are in our area. I have attached a matrix based on the frequency of auctions that the auction has, marketing costs, fees charged, and the fee for auctioning vehicles. I have also included a copy of the proposal received from each of the auction houses. ANALYSIS/CONCLUSION In order to save stafftime and to maximize our return, and after reviewing each of the proposals we received and discussing the proposals with the Finance Director, it is our recommendation to contract with Auction Masters auction house of Maple Grove on a one-year trial basis. RECOMMENDED MOTION: Move to authorize the Mayor and the City Manager to enter into a one-year contract with Auction masters of Maple Grove for auctionfl~g excess city property, unclaimed/forfeited police evidence, and found property. TMJ:mld 04-065 COUNCIL ACTION: P. 34 Name Date & Place Marketing Fee Vehicles Costs 1. Auction Masters Weeldy, Maple Grove Included in 10% buyers' fees 10% Used by Coon Rapids commission 25% commission Police Department $75/hour--2 men and truck 2. I.M. Peterson Co. As set by City or Included in No buyers' fee. 35% If we bring, Used by Lino Lakes auctioneer commission includes trucking and ads. $10/each. Police Department Does not include legal papers if required. If they pick up, $35/each 3. Pmoka-Big Lake As set by City or Not to exceed 35% includes picking up 7% Auctions auctioneer $250 items. 10% buyers' fee Used by Blaine & Fridley Police Departments 4. Hiller Auction As set by auctioneer. None Items selling for: Included Service 10-12 per year or as $1-$200 20% fee they have product to $201-$400 15% fee sell. $401-$600 10% fee $601-$800 5% fee $801-plus 0% fee Buyer pays a 10% fee $50/hour to pick up items (driver only). Plus $20/hour for each person needed, in addition to the driver. Estimated cost between $75-$100/vehicle. P. 35 COLUMBIA HEIGHTS POLICE DEPARTMENT TO: City Manager Walt Fehst FROM: Thomas M. Johnson, Chief of Police SUBJECT: Discussion Item for July 21, 2003 Work Session DATE: July 15, 2003 I would like to discuss the possibility of contracting the auctioning of excess city items, police department evidence and found property by a contract service. At the current time and for several years, the Police Department has set up, organized, and hired an auctioneer for the annual auction that takes many hours of staff time. I am proposing that we look at what other cities around us do, which is to contract with an auction house to come and pick up our excess items, take them to their auction house, have them track, set up, and sell the items, and then receive a check for the profits. This is what other municipalities in our area are doing at a cost of around 35% of the revenue. This would include vehicles and excess shop equipment. Brooklyn Park, Lino Lakes and Blaine use: John Link, Anoka-Big Lake Auctions 17020 Highway 10 Big Lake, Minnesota 55309 They pick up the property and charge 35% of the revenue. The cities in the auction split the $400- $450 advertising fees. Coon Rapids uses: Auction Masters www. auctioImmsters, coin 19150 Territorial Road Osseo, Minnesota 55369 Coon Rapids delivers their items to the auction house, but the fee is 25%. They feel they save staff time and are able to be involved in the auctions more frequently. I would like to see us consider the use of an auction house, rather than doing the auction intemally. Savings would include set up time, security, and support staffon auction day, and prep time for the auction itself. TMJ:mld 03 -097 P. 36 19150 Territorial Road Osseo, Mn SS369 7~3-428-2271 Fax: 763-428-8355 Toll Free: 1-888-671-7640 Website: www.auctionmasters.com To: Chief Tom Johnson Columbia Heights Police Dept. From: Greg Christian Date: April 27, 2004 Re: Auction Proposal for Surplus and Seized Property AUCTION DATE AND PLACE * Auction Master's Weekly Auctions on an agreed upon date. At Our Auction Center in Maple Grove * Cost Included in Co~mission * Marketed in Newspaper Ads, Flyers, Calendars and on the Web Site. * We will Market a Variety of Buyers from Retail to Wholesale. * Ail items will be sold "As Is". * 25% Commission * Trucking Costs (We will arrange and deduct from proceeds) Cost: $-75.00 per hour for 2 men and a truck.. You could also do your own trucking. SPECIAL NOTES: * We have regular weekly auctions at our Auction Facility with a ~ery la~. ~low. Q£.auctionbuyer~. P. 37 INSTITUTIONAL CLIENTS (Recent and Ongoing) FINANCIAL INSTITUTIONS Wells Fargo Firstar Bank Heritage Bank Samboy Financial Citizen's Mortgage Symmetric Investments Liberty Leasing National Loans and Investors Wells Fargo Equipment Finance Investment Financial Services First National Bank Armhor Bank Community First Financial Carlton Financial tSroup Citizen's State Bank Equity Lending GE Capital Leasing Prior Lake State Bank Transamerica Bank GOVERNMENT AGENCIES United States Postal Service St. Paul Civic Center Hennepin County Sheriff City of St. Louis Park City of Ramsay City of North Mankato Hennepin Count7 Tax Forfeiture Minneapolis Convention Center United States Marshall Service Minnesota State Fair St. Paul Port Authority City of Shoreview City of Coon Rapids Metropolitan Airport Commission Bankruptcy T~ustea EDUCATIONAL INSTITUTIONS University of Minnesota Minneapolis School District Bloomington School District New Horizon Day Care ,Mounds View School District Bio Lake Seheol~ Hopkins S~hool. District Robbinsdate S~heel- D~str~t Rosevitle Sehoor District- North S~. Paul. School District NE- Metro Technica~ College- St. Paul School District Anoka Vocational Technical Crown College .West St Paul School District Colunbia Heights School District Hamllne University Osseo School District Maple Grove Scheot District ~tenne~in Technical SlUing I~ake Park School District.. St. Paul Technical College Richfield Scheot-District l~at~nnAa~ni~ ~_ ommu_n[~.v- a_r~d_- ~ CoJJ~g~ ?.38 OUR FACILITY METRO HUB OF AUCTION COMMERCE For Sellers With No Auction Site * Metro location 20 minutes from downtown. ,'* 12,000 square foot 8 year old building designed for auctions. ' Loading docks for easy client/buyer in and out. ~ Multiple electrical outlets to demonstrate working equipment. ~ Ample theater seating and parking for large crowds. ,* On-site storage, semi tr~lars welcome. * t=~1t time experienced auction team. ~ Trucking and removal available, * Open daily 9;00 to 5:00. * 24 hour security. MULTI-BUSINESS SELLER AUCTIONS EVERY WED AND BY SPECIAL SCHEDULE :r'LIRN YOUR ~':[$1N~O- C.,A.S~AT OUR. PLACE_ P. 39 A UCT!O~ M_ASTERS 19150 Territorial Road Osseo, ~ 55369 Phone: 763-428-1271 Fax: 763-428-8355 Toll Free: 1-888-671-7640 Web Site: www.auetionmasters.com FACSIMILE COVER SHEET NUMBER OF PAGES (including Cover Sheet) SPECIAL INSTRUCTIONS OR COMMENTS: P. 40 · A.uction Masters - Plamfing an Auction Page 1 of 1 When you contract A~u,c:t~on Ma.steers, yo~u siign o~te our professionalism and expertise developed over 35 fuIl!-time years in '[he au~ion indus~ Why Sell by Auction? UNLIMITED MARKET POTENTIAL Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.com Competitive bidding maximizes the selling price because every bi¢ bids their best price, Buyers experience the raise in price, which creates a sense of urgency. Urgency and competition with multiple buyers results in Unlirnite Market Potential What Are the Auction Steps? ASSETS TO CASH Auction IVlasters Contact Schedule Asset Evaluation Submit Auction Proposal Explain, Sign Contract T oral Marketing Plan $etup Auction Telephone Blitz Organize Catalog Conduct Buyer Inspection Auction Day Secured Checkout Handle Final Accounting TURN YOUR ASSETS INTO CASH! Call Greg or Denice 763-428-227:L P. 41 Auction Masters - Upcoming Auctions Page 1 of 2 Saturday, April 17, 2004 - 11:am Ryland Model Home Furniture Auction Center 19150 Territorial Rd. Osseo, MN Model Home Furniture & Decor Auction Flasters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.com Wednesday, April 21, 2004 - 5:pm New Hardware Store Goods Auction Center :19150 Territorial Rd. 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P. 43 Auction Masters - Planning an Auction Page 1 of 1 Whe~ you contra~ ~A~uCtion Masters, you sign onto our pmfessio;na!~sm and e~pe~ise developed over 35 fuIMime ye,a~rs in t;he au~ion ind~st~ Why Sell by Auction? UNLIMITED MARKET POTENTIAL Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.com · Competitive bidding maximizes the selling price because every bic bids their best price. · Buyers experience the raise in price, which creates a sense of urgency. · Urgency and competition with multiple buyers results in Unlimite Narket Potential What Are the Auction Steps? ASSETS TO CASH Auction Masters Contact Schedule Asset Evaluation $ubmit Auction Proposal Explain, Sign Contract T oral Marketing Plan $ et up Auction Telephone Blitz 0 rganize Catalog Conduct Buyer Inspection A uction Day Secured Checkout Handle Final Accounting TURN YOUR ASSETS INTO CASH! Call Greg or Denice 763=428=2271 P. 44 Auction Masters - Why Choose Auction Masters Page 1 of 1 Our Team Industries Served Clie Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.com AUCTION DIASTERS OFFERS ~4ORE SERVICES THAN ANY OTHER AUCTION COf4PANY AUCTIONS AT YOUR SITE Asset Evaluation Auction Setup Showcasing Items Electronic Equipment Powerpoint Presentations Auction Catalog Internet Bidding Theater Seating Secured Checkout Full Service Clerking Detailed Final Accounting Final Clean Out AUCTIONS AT OUR FACI[ All On-Site Services Plus Metro Location Multi-Business Seller Auctions On-Site Storage Trucking Available Open Daily, Auctions Weekly Ample Parking Loading Docks AUCTIONS AT ANY SITE Industry Specific Marketing Web Page on Auction Masters' Web Site 60 Mailing Lists of Proven Auction Buyers Auction Marketing Specialist-27 Years Experience Telemarketing Photo Flyers Ads in Targeted Newspapers and Trade Publications Skilled Full Time Staff 43 Years Accumulated Auctioneer Experience 120 Years Accumulated Staff Experience P. 45 Auction Masters - Our Innovations Page 1 of 1 :OUR INNOVATION Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters,com 'YOUR NEED * Secu:ri[y '~>1: ¥oui :OUR ?':"' m yOUR NEED, · ~×pJ~e404~O~ equlp OUR ~NNOVA TfON · D~ghc I presemJ]on at ~uctto~ site SELL NOW! Call Greg or Denice at 763-428-2271 P. 46 · Auction Masters - Directions to Our Facility Page 1 of 1 Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.com The Auction Center is Located at: 19150 Territorial Road Osseo, MN 55369 Exit From Minneapolis take 1-94 towards St. Cloud approximatly 20 mil Exit 95th Ave., left to second stop light (County Rd. 30). Continue 2 Niles on County Road 30 to County Road 101. Right on County Road 101, 2 1/2 Miles to Auction Center. P. 4~7 Auction Masters - Mailing List Page 1 of 1 Thank you for your interest in being a part of our upcoming auction e-rr When we add a new auction listing to our web site we will e-mail you a summary of the sale. If you would like to add yourself to the list, please the form below then press the "Subscribe" button. if you would like to remove yourself from the list, please enter your infc and then press the "Unsubscribe" button. You will receive confirmation of your addition or removal via e~mail. Auction Masters 19150 Territorial Road Osseo, MN 55369 Toll Free: 888-671-7640 Phone: 763-428-2271 Fax: 763-428-8355 sold@auctionmasters.corn First Name: Last Name: E-Mail Address: City: State: Please double check your information. P. 48 TO:COLUMBIA HEIGHTS PD I/ POLICE (and surplus City goods) AUCTION Wednesday, April 7, 2004 Inspection: Auction: 3:00 PM 5:00 PM Location: Directions: Auction Masters www.auctionmasters.com 19150 Territorial Road Osseo, MN 55369 Ph. 763-428-2271 or 888-671-7640 7 miles west of Osseo on Co. Rd. 81, then two blocks south on Co. Rd. 101 Items to be sold at pubtic attction inclv~de the following: Elec~omcs, tools, dozens of bicycles, miscellaneous surplus City supplies, and more! Note: 10% Buyer' s Premium P. 49 JAN, 22,2004 3'SHPM COON TO:COLUMBIA HEIGHTS PD POLICE (and. surplus City goods) AUCTION I~ednesday, April. 7, 2004 Inspection: Auction: 3:00 PM 5:00 ]PM Location: Directions: Auction Masters www.auctionmasters, com 19150 Territorial Road Osseo, MN 55369 Ph. 763-428-2271 or 838"67t-7640 7 miles west of Oss6o on Co. Rd. 81, then two blocks south on Co. Rd. 101 fftems to be sam at public auction include the following: Electrorfies, tools,, dozens of bicycles, miscellaneous surplus City supplies, and more! Note: 10% Buyer's Prerrfium P. 50 APR 21,2004 07:13 I.M. Peterson Co. 6129268880 Page 1 I.M. Peterson Co. Auctioneers & Appraisers P.O. Box 24735 * Edina, Mn. 55424 Tel: 612-8'19-3433' Emall: Im:~wlnrta.'-aol.enm ~O: Chief Tom Johnson Col. Heights Police Dept. RE: Proposal for Auction Service Chief Tom Johnson, As per our telephnne c.nversation I'm sending you a Auction pr, posal fi~r selling your items at Auctiun. My understanding is that these items are tu be removed from your premises and sold at our location at a later determined time. Our services would include the following: I. All labor to pickup and .~ell your items at Auction. Includes penple and truck to pickup, unload and sell all items. We supply all advertising, except whatever legal papers thc city needs to run, 1his includes, Mpls Star Tribune, lncal newspapers, our mailing list and wehsite. 3. ()ur commissinn is 35% of thc gross proceeds of the Auction. There are no o~hcr charges. The commission fcc covers everything. 4. if you have vehicles, and you bring them to our location we charge $10,00 a piece to sell them, if we transport them, we charge $35.00 a piece to .~ell them. 5. We make payment within 10 to 20 days from the Auction day. This enables checks to clear, etc. If you have any questions please feel free to call me, if yon need any references, you can call Sgt. Mortenson at thc Lino Lakes Police Dept, or Laurel Anderson at the Fridley Police Dept. If you decide to go ahead with the Auction I will for, yard you a completed contract stating thc above terms. At that time we would set a Auction date and day to pickup the items. .... T~ vo-/") '/:;:~Jim Pelerson, C.A.I. P. 51 "Do ! hear one dolla" Anoka-Big Lak~ ~~ot4s FACSIMILE TRANSMISSION DATE: (1/-/ c~ .. TOTAL PAGES INCLUDING COVER PAGE FROM: PERSON: ANOKA - BIG LAKE AUCTIONS 17020 U,8, HWY. 10 BIG LAKE, MN $$309 CONFIRM #: 812-263-6800 REMARKS P. 52 ~r~./.. ~.,~/,,_.. ~ /~AXFORM, M$C APR--19--2004 12 ~05 PM ANOKA BIG LAKE AUCTION ?65 265 8442 P. 02 PERSONAL PROPERTY AUCTION CONTRACT Agreement for S.le of Perlon,`l -,nd ~hattel Property by Auction A~j:e. an~e~t re&de t~,s __._~ ..... ]_.l_._,~?~y o! ..... ~~. .- ]-- ............... ~ .... ~ween ...................................................... or ......J). ........................ ~ ~ ~ ....... : ..................... ~.r~,~,~ ~,~,~ s,~. .... ~ - O; ....... ~e ~u~tloneer hereby a~rees ~ ~e his profe~lonai s~lll, knowledge, and experience ~ the ~est ad- v~e of ~ ~le8 In prepping- f~ and eo~d~ ~e. 8~e. ~e seller hereby a~rees ~ turn over and deliyer ~ the suctl~neer~, to be sold at p~llc auction th~ l~ma lJs~d below ~d on t~ ~erse aide and attached slicers. No iteln shall be sold or withdra~ fro~ the sale prior ~ ~ha auc~on except by mutuml a~reement between seller and auctioneer. I~ item la sold ~ wt~dra~ ~c~ ~a~ ~eivc full co--lesion on the item.. .......... .... ..... ..... ............. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: inclement wss~er, aal0 auctlon ~l]' t~ke pl~ on later date ~greeable to both parties. It l~ mutually a~reed that all a~d goods ~ sold ~ the hi{hast bidder, with the exception of Items specified by seller tn wrltl~ ~ be protected. Auctic~er ~ ~ec~u~ ~}~ c~~ o~ ~y ~ withdra~ from 3ate or transferred or sold within 60 days ~ter the auction. ~c Is further mutually a~reed t~at the auctioneers may d~uct ~elr fee a~ act rats ~low from the gross sales receipts, resultinw from said auction sale. ~te auctioneers ~ree to turn net p~cee~s from sale ov er to seller immediately foilowin~ auction, ~lon~ wJ~ sale records ~d receipts, The seller a{rees that all ex,eases incurred for the adver~sement, promotion, and o~ conducttn~ said au~ ~at[be f~ p~ fr~ the-p~c~ ~1~ from said auction before the payment and satisf~ction of any loins or enc~brancea. ~e seller covenants ~d ~rees that he ~aa ~ood title ~rls~ sell, nnd said ~oods are free fr~ all Incumbrances e~ept as follows: (if none ~l~--~-~ Item Mortgage or Leis ~lder Address A~rox~ate ~npaid Bal~ce (z) .... ~A~eer's Slgn~kture) ........ Seller agrees to provide merchantable title to all Items sold and deliver title to purchasers, Seller agrees to hold harmless, the auotloneer~-~aln_~_~ ~ny c!~_!.,us o! the nature referred ~ In this contract. , ....... ....... AdvertleJn~. Zi~.l ..... /.~ .... ~~ -- ~ tX) ...................................................... (Seller's 81gnature) (Telephone) (X)' . ............................................... ~- ..... (Seller's Bignature! (Telephone) Reorder ~rom: ~I~SOURI AUCTION ~HOOL B 19~ ~enl~ ! Ka~,.~ ~lly, ~O 64102 I Phons ~6-421-71 ~7 Hglger ct on Ser co gfl . Phone 763-$56-2z153 F~-x 763-856-I 453 HILLER AUCTION PAGE 10785 261s1 Ave. ~immcrman, Minnesota 55398 01 April 29, 2004 Columbia Heights Police dept, 559 Mill St, NE Columbia Heights Minn. 55421 f~.x 763-706-3752 To Whom it may concern, For consignment sales held at our building, our commission rates are charged on a per item basis. Items selling for $1-200 are charged 20%, $201-400 -l 5%, $401-600 -10%, $601-800 -5%,and any item selling for $801 and up are charged 0%. Our consjgnmer~t sales have the buyer being charged a buy fee of IO%, We will provide pick up of items. We use a 24ft enclosed trailer and charge $50/hour for pick-ups. This price includes a driver only. If additional help is required-, we sharge $20/hour for each person-,¥ehi¢le pick-up will be done by a professional tow company. We bill that at cost and don'l make any profit on it. l estimate the cost to be between $75-$ I00 a vehicle. Sincerely, P. 54 iller Auction http://www.hillerauction.com/ Welcome to Hiller Auction Service "TEAM HILLER" THE TEAM THAT MAKES THIS BUSINESS A SUCCESS "From single items to entire Estates, We're the only name you need to know" Minnesota's Largest Snowmobile & A TV Auction Company 11 years in business Full Time Professional Auction Company We conduct auctions year round in our heated 7000 sq. ft. facility or at your site Wireless computerized clerking for fast, accurate accounting Same day settlements for most auctions Auctions May 1,2004 Hiller Auction Service, Inc Auctioneer: Kevin Hiller #71-34 10785 261st Ave - Zimmerman, MN 763-856-2453- 1-800-889-3458 khillerCd~hillerauction.com Webmaster igheckel~comcast.net P. 55 CITY COUNCIL LETTER Meeting of May 24, 2004 AGENDA SECTION: Consent^ -- ORIGINATING DEPARTMENT CITY MANAGER NO. ._~ -IX '3 POLICE APPROVAL: ITEM: Approve one-time Charitable Gambling BY: Thomas M. Johnso BY: NO. Permit by MN 90 Lightning Hockey Club DATE: May 17, 2004 Gr'~ k, DATE: BACKGROUND: The Minnesota 90 Lightning Hockey Club, 3440 Urbandale Lane, Plymouth, Minnesota, has submitted a request to conduct' a one-time bingo event on August 7 and 8, 2004, at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Minnesota 90 Lightning Hockey Club at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 7 and 8, 2004; and furthermore, that the City of Columbia Heights hereby waives the remainder of the th/rty-day notice to the local governing body. Attachments 04-066 mld COUNCIL ACTION: I'.56 Minnesota Lawful Gambling Page lof2 LG240B Application to Conduct Excluded Bingo (No fee) (web)12/03 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded binc o. Organization Information Previous authorization number, if any Organization Name (as it appears on documentation filed with Minnesota Secretaly of State or Internal Revenue Service) qo Street Ci~ State Zip code County Type of nonprofit organization (check one): ~ Fraternal ~ Veteran ~ Religious ~ Othernonprofitorganization Type of proof of nonprofit - affach a copy (see instructions): ~ Ce~ifi~ate of Good Standing - Minnesota Secreta~ of State's O~ce ~ Internal Revenue Se~ice ~ A~liate of parent nonprofit organization (cha~e0 Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No ~ Yes~ If yes, list the dates that bingo was conducted The bingo event will be one of four or fewer bingo events held th~s year. __ Date(s) of bingo event(s) - OR - ~ The bingo event will be conducted (up to 12 consecutive days) in connection with a: Coun~ Fair ........ Date(s) of bingo event State Fair ............ Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo event Daytime phone (~) Bingo equipment (hard cards, bingo paper, and bingo bail selection device) must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to ~.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. Premises Where Excluded Bingo Will Be Conducted Name of premises Street address Be sure to complete page 2 P. 57 LG240B Application to Conduct Excluded Bingo Chief Executive Officer's Signature Page 2 of 2 12/03 The information provided in this application is complete ar~.~u0r~t~o t. he..,be~st ~mY knowledge- Chief executive officer's signature ~ Name(please pdn,)~, i ~__- Local Unit of Government Acknowledgment and Approval Phone number Date 5 If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I hereby approve this a!~-~ c~ .~.\~ ~c~ ~ application for excluded bingo activity at the premises located within the city's jurisdiction. ~~ ~ignature of ~ty perso~ving application If the gambling premises is located in a township, both the county and township mus't-sfgn this application, For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township Signature of township official acknowledging application Title Date / / For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Print name of county (Signature of county personnel receiving application) Title Date / This form will be made available in alternative format (i.e. large pdnt, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the dght to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issueyou an authorization. Ifyou supply the information requested, the Board will be able to process your application. Your name and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your authorization. When the Board issues your authorization, all of the information that you have provided to the Board in the process of applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided in the process of applying for an authorization remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Oontrol Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. ,P. 58. DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE KANSAS CITY' MO 6.4999-.' MINNESOTA LIGHTNING HOCKEY CLUB % LINETTE L BRANDT 3440 URBANDALE LN N PLYMOUTH MN 55447 DATE OF THIS NOTICE: 0~-25-96 NUMBER OF THIS NOTICE: CP 575 K EMPLOYER IDENTIFICATION NUMBER: FORM: SS-6 (TELE-TIN) 0950520120 0 G1-18334~4 FOR ASSISTANCE CALL US AT 644-7515 MNPLS.-ST. PAUL 1-SOO-829-10GO OTHER MN OR WRITE TO THE ADDRESS SHOWN AT THE TOP LEFT. IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. X WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN) Thank you for your Tele-TIN phone call. We assigned you employer ident£~ica±±on number (EiN) 4i-18S3444. This EiN will identify your business account, tax returns, and documents, even if you hav'e no employees. Please keep this notice in your permanent records. Use your complete name'and EIN shown above on al! federal fa× forms, payments, and rela~ed correspondence. If you use any variation in your name or EIN, it may cause a delay in processing, incorrecA information in your account, or cause you to be assigned more than one EIN. I~ you want to receive a ruling or a determination letter recognizing your organization as fa× exempt, you should file Form 102~/102~ Application for Recognition of E×emption, with your IRS Key-Dis~rict office' Publication 557, Tax E×amp~ Status for Your Organization, is available a~ mos± IRS offices and has details on how you can apply. I.f you haven't already completed Form SS-~, Applica±ion for Employer Identification Number~ ~e need you to do it now so your accoun~ record will be complete. You can get Form SS-~ at your local IRS office or by calling 1-800-TAX-FORM (1-800-829-~676). AfAer you complete the Form SS-G, sign and da~e it and write your new EIN~ q1-18~44~ in the upper right hand corner. Please return it ~o us wi~h bottom part of this notice by 06-09-96. We~ve enclosed an envelope for your convenience. Thank you for your cooperation. P. 59 REGISTERED AGENT Please read the instructions on th'~ back b'~ ~ore cdmpleting this form. 1. Entit7 Name: ~.. Regi¢~red .Office Addre¢~.(No. & Street): Mst a..complete ~treet addru¢.~ or rural rou(~ and ~ural route box num~or. A post office box is not acceptable. Stree( /City State 71p Code I, Registered Ag~ni {Registered agents are required for foreign entities ut optional for ~ entities): If you do not wish to designate an agent, you must list "NONE" in this Sox. DO NQT LIST THE ENTITY NAME·. ~ compliance with Minnesota Statutes, Section 30ZA.123, 303.10,308A:025, 317A.123 or 322B.1'35: I certify that the above :ted company has resolved to change the entity's registered office andl~r agent as ~isted above. ~.er[ify that I am authorized to execute this notice and I further certify tha~ 1 understand that by signing this not. ice I am subject to ,I ~e pet'~al[i~ u[ pu~.~uly a~ se[ forth in Minnesota $~l:es Section 609.48 as if gignatur, of rAuth~ri.~e~~ ~orson lame and Telephone'Number of &. Contact Person:~'"~/dX~._~, ~ ~--'~'.-4~,¢ ~' plesee p n, Filing Fee: For P~fit Mlnn~s~a Co~oration~, Coopera~v~ Minneso~ Nonp~ Co~gra~ons: No $35.00 fee is due unl, had signed ~s not~ce under oath. ~nd Limi[ed. Liability Companies: ss you are addfng or removing an agenL Non-Minnesota Corporation.~ $50.00. Make checks payable to Secre~ ~ry of Slate II Re£um Lu. Minnesota Secret~ry of $~ate 180 $~ate Office BId'~l. · o 100 Const~tubon St. Paul, MN $$1;P. 6 0!99 FlIED 90 LIGHTING 17-1 9-'~-'288 536- 99TH LANE NE 2 0 I '1 BLAINE, MN 55434 1327852891 Orderof I $ ~ Wells Fargo Bank, N.A. .,_; :?:;:.; ;. Minneapolis, MN55479 ". "-, ' ' . i wells~rgo.com ' ? - ': ':" ' - ' ''- P. 61 RESOLUTION NO. 88- 42 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING EXEMPTIONS IN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED by the City of Columbia Heights that charitable gambling exemptions will be granted to bona fide charitable organizations provided, however,. that the following requirements are met: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board. The organization wishing to gamble obtaius the permission of the Columbia Heights City Council. The organization wishing to conduct gambling has been in existence in Columbia Heights for not less than ten (10) years and is a non-profit organization as determined'by the Internal Revenue Service and/or the Minnesota Secretary of State. Organizations wishing to gamble and have been in existence in Columbia Heights~ for not less than ten (10) years will be granted five (5) exemptions per year. Organizations wishing to gamble, but have not been in existence in Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing to conduct gambling must indicate the value of prizes by category to be awarded; such information shall be provided at the time of application. The organization wishing to gamble does not pay, and the proprietor of the licensed premises does not receive, rent in excess of $100.00 per event or other remuneration for permitting the gambling activity or device to be located on the licensed premises. The organization shall remit a non-waivable, non-prorated, non-refundable license fee based upon the following schedule: Class A and Class B licenses .... $100 Class C and Class D licenses .... $ 25 NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 88-07. Passed the 9th day of May, 1988. Offered By: Peterson' Seconded By: Petkoff Roll Call: A] 1 ayes o-Anne Student, Council Secretary Dale V. Hadtrath, Mayor P. 62 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 24, 2004 AGENDA SECTION: 'ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~' A dz~ Administration APPROVAL ITEM: Cost sharing of School District/ BY: WaltFehst BY: '~'~-JC~j~ City Survey Re: Recreation Facilities DATE: May 20, 2004 DATE: NO: Background: The City and the Columbia Heights School District are presently engaged in a task force study of recreational facilities and resources available to our community as a whole. This discussion includes the possible construction of gym space to serve both the School District and the City. The Task Force is recommending a survey of the public to determine the acceptance by the community to building a facility. Analysis: Obviously, there are many questions, which need to be discussed and considered by both the School District and the City prior to constructing any facility (either now, or in phases). The attached proposal from Decision Resources Inc. for $7,000 would pose 45 questions, to a representative sample of 300 people, to survey the public on the need for these facilities. Both the School District and the City have entered into discussions with Decision Resources Inc. to determine the viability of the questions to be asked, given the separate missions of the two taxing bodies. In a continuing attempt to collaborate with the School District to optimize limited tax dollars, we are asking that the City Council authorize the City manager to expend up to one-half of the cost of the survey ($3,500) if the information sought is of value to the City's mission regarding recreation and programming of all City facilities. Recormnendation: Authorize the City Manager to enter into an agreement with the Columbia Heights School District to spend up to $3,500 for a survey conducted by Decision Resources Inc. The survey's total cost of $7,000 would be borne by the School District and reduced by up to $3,500 by the City's participation in the survey based on the utility of the survey to the City as determined by a review of the questions by the City Manager and his staff. Recommended Motion: Authorize approval of up to $3,500 for a joint smwey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry. COUNCIL ACTION: P. 63 From:DECISION RESOURCES LTD. 612 920 1069 05/15/2004 14:56 ~40 P.O02~ DECISION RESOURCES, LTD, 3128 Dean Court ....... Minneapolis, Minnesota 55416 612-9~0-~01 ~12-910-106~ (fax) May 13, 2004 Ms. ludy Y~ntos Director of Community Education Columbia l-ldshts 1440 49~ Av~uc Col~bia H~gh~ ~ta ~4~ i ~ 7udy: Deeiaion l~souroos, Ltd., is plsgsed to presort this ~y a~ m~~io~ ~ pr~o~ you for ~ Columbia Hei~ ~bli~ $~h~l Distg~t. Mu~ ofthis proposg is b~ up~ yo~ e~l~r l~ephone di~g~ ~th my p~er. D~ T~a~ez, n~ ~so builds upon our pri~ exp~en~ ~th the Col~ Heists Sc~ Di~GI ~d t~ City ofCol~ H~s. prosp~us is org~iz~ in t~ p~s: a dis~sgon of~e go~s of~e m~ch; a pot~fig ~d ~e; ~d, e~ted pmj~ ~et8. As you ~fl see, I m ~ ~t D~ ~ pm~ t~ ~lu~it H~hts ~Ho Sc~ol ~dci ~ ~ ~o~fion it ~eks in both a ~d gm~ly m~er. GO~ OF THE I~,F~ARCH: School District (~n three sepnrnte, brai; inteFmlaled issues: r~-tion to govonun,at p~nn~ships in woviding fadlitiea? How does s p~rtn~r~hip impact ~upport for a rff~r~dum prot0omlt? Docs a I~anam'ahip provido additiossal value ~ either throullh th~ virtues o£ooop~mion or ~fiki~avy -- in tho a~'isioa-makinS prm;e~s to vote fo~ the .... ~ propor~l? Would n,,sid~ms be con~! about any obligation ofthe School Distfi;t ia the opcrslions of the f~iliW? How do ~n-Columbta l-l~lffh~s city r~siderlls resporicI~o a jo. iht oity- + sohool distriol proposal'/ ' ~..--.~_. P. 64 Fr.~:DECISION RBSOUROE$ LTD. 612 92O 05/13/2004 14:5~ ~40 2, Percep:ions ofScl~ol Di$lmirt Needs: Would reside,,'~s a~ mp~ ~&fion~ questiom for ~ds dcdicet~ solcly to ~ ~ol dbtfi~? W~t wou~ woul~ s~ppo~ for mu~ple pu~e~? ~ there one b~lat ~p" m p~ th~ oth~ qu, stiom t~ou~? H~ve there been ~y dramatic chases in core mimdes e~d epochs oft~ Sc~! D~m -- fi~ oredib~ity, ~tioa l~ls, orjob 3, J~ro. fl/ez, of .Lilmly $.l~jovrr and the tumou~ ~ with ~e m~ive n~b~s yetis the ~ion ~e, w~h ~ups wouM ~ve ~ sappo~ l~ele and which ~oups 1o~ suppo~ l~'els? ~st would be t~ 8uppo~ le~l, h ~, of~ts? H~ ~d ~c read.ts ~ou~ ~ r~io~ for t~ pro~? ~t w0~d bo the r~ for a"no" vote ~on? ~at ~y, could be made p~s~le a3d, consequently, taxgeted ~r ~nher i~o~a~? ~ ~e the stro~est c0~u~on ~s~es to m~ s~o~ for ~ pro~ ~at ~ ~ mo~ ~e~ve co~u~ti~s chris for deH~H~ the~ DESIGN OF THE RE,~RCtI: Decision Resources, l.l~d., proposes to conduct it ~elephone survey of 300 randomly selegt, ed l~ouseholds in the Colin:shin Heishts Public School District. The over~ll sample size permits the division o£ distlist residents late a numblr ofeategories for more detailed analysis, such as Columbia Heights r~sidents and Fridley resid~ts. The results oftlals survey would be projectable to the opinions and a~titudes of all adult residents in the dim-i~t to within ± 5,$% in 95 out of 100 f, itses. To insure the integrity et'the sample, DRL places the most cr, actlng sampliaB standards in the industry on our procedures. Before an alternale household is substituted for ~ dedt~ated tsrge~ at least meaty n-ica ar~ made to com. a~ the initial house~lds during & seven-day period. Th~ telephone ~lls tike place durin~ vn,-ious tir~es mi wael~day eveninss and d~in~ the weekend. Our inte~iewers are also instructed to seek conYenient appolntmea'sts with hlterviewccs. ~ut'tin$ our non-contacx r~te to lass than five percent on average. An unbinsed seleciion pro,ess is also u~ed to idantif~ ~e adult membm ofdte household to be i~terviewed. DRL employs both Spani~ populition. To validate the completed sample~ the latest 2000 Unlted S~ates Census population characteristics a~e utilized as a stand~rd of comparison. Th~ que~.---'r, naire would be -_d .minis!steal by DP& l-,'d-~d and supcrvL.~d p_arso~_ne!._.. T~_ . compUler sru~lysis will be ob~_i_r~i ii'om our in-l~ou~e C-MtiNTOI~ end $P$$ smistical m~aly~is systems, {n~urir~ both aocen m ~he most cun-,~ amlysis progress ami confidentiality of the data SCl. P. 65 Frc~:DEC'I$10N ~$OURCE$ LTD, 6]2 920 1069 05/1~/2004 14:57 ,¢240 P.004/005 The School District and City will b= presented with bound copies o£the final ~port hilphliEhth~ all thc m~or fi~lh~gs ofthe stugy. DRL will also speak to a~y m~jor diffcr~cos ~om Md similm-/tlcs with the p~t studies, when applicable, in ~ddition to olhe~ school dispels un~ert~ rs~,rendums jointly with other levels ofl~ovcnungnt, hi particul~, sp~ial attention ·vil] be p~jd to any parcels with dya~cs ofboth suc.~c~ful and umuccess~i joint city-school district efforts duri~ ~he pasi few years, A volume of all computer t~enorated cros~ tabul~ttions ~md other mul~vaziate st~istie.~l t~hnlqucs will also be included Our l~en~ral time line for a projec~ ofthls size slid oomPl~xity is list~ below: 1, Plaimi~ with School Dit, trict Adminim',,tion a~d S~ool Board to establish the topics cov~d in the surv~. Ba~ed o~l the~ topic conch, DRL would word st~ific, n~utral questions. This activity osn be c, ompl~t~i by telepl~ne and/o~ fax. d~mding ol~ clNmt wisho~, within two weeks of the iniliation of the contract. 2. Structuring of questions and final approval of the surv~ instrument The~ ~-.6vldes to bc complm~ within lhr~ w~ks of the in~tlation of the contaot. Final determinetion ofthe field deice for interviewing. 4. Pre-testing and, ifneeded, approval ofresultin~ revisions. TNI ~tivi~y to be completed b~ the s~:ond day offieldwork, Completion of ~ fi~idwork within a two.to.thre~ mk period. 6, Compute' smlysls and preparation ors wries report, All ~alytical t~sts and oomments~y will be a~ailable within thr~ weeks ~d~r oompl~don oftl~ field work. 7. Delivery of the finnl written report to the Cotumb~ I-Xe~Shls ~chool Distrlct and the Ci~ of Columbia Hcishts, and presentation otthe surv~ r~sults and implications st a formal or workshop me.ins, DRL will work with Disui~ Adminlstra~ion a~d Staff to oonstruct l communications stratef~Y to best t'acilitate a referendum camp~isn. Atterwards, telephone con~ultatior~ as the n~d ~riscs, will be provid~l abo~t the ~mdy'~ flndir~ end implications, Pi~O,~ECT The cost ora survey i~ driven by ~o f~or~: ~ple ~ ~d 9u~do~s~ whose p~ame~rs are ~ ~imum of 45 ques~ons ~mi~u~ to a 300 hous~oid ~ple of~ C~ Hei~s ~b~c S~o~ D~ would cost ST, O~,O0. ~h ~dtt~o~ qu~ion ~t b~nd the ~ti~ ~otment ~d be $1~.~. P. 66 Fr~:DE~.I$10N RE~$ LTD. 612 920 1069 05/13/2004 14:58 ~240 P.005/005 As company policy, DI~L requires 0n~-lml~ofth~ cost prior to ~he commert~...._.m_.en~ of field work; the remzinder is due upon d~livcry of the fm~ written report, Unless oth~rtvise arransed, DRL invoi~s cti~nts for the initial payment at ~h~ time ofth~ L~ifiation of the conmmt; the renutind~r is due at the time of the receipt ofthe t~al ~,itt~ report. Ifyou require nny further InfornutllOn From us. feel t~'ee to contact either Diane Traxler or me, /./ ~ Wc look forward to thc opportunity to work with the Columbia HeiSts Public School District /~'~ .. qain, bu,., itt any ~se, wish you well with thi~ project. .~ '" ~/(/ :,:.:>/-- P. 67 CITY COUNCIL LETTER Meeting of: 5/24/04 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ ~',/k--] PUB LICWO RKS ~ .d]~.~,,,~/~~~ ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen~-~--) BY: AWARDING CONTRACT FOR ZONE 7A STREET DATE: 5/19/04~ DATE: REHABILITATION PROJECTS Background: On March 9, 2004 the City Council ordered the street and utility improvements in Zone 7A. Plans and specifications were prepared and advertised for bids in the Focus on April 22, 2004 and in the Construction Bulletin on April 23, April 30 and May 7, 2004. Twenty-seven contractors or suppliers requested copies of the bidding documents. Five bids were received and publicly read aloud at the May 20, 2004 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis/Conclusions: Midwest Asphalt Corporation submitted the low base bid, in the amount of $1,605,400.07. As indicated on the minutes of the bid opening, less than $60,000 separated the next bidder from the low bidder on the base bid. Alternate bids were received for: 1) Sanitary sewer replacement for 678' in Jackson Street in lieu of spot repairs; 2) Substituting HDPE for RCP storm sewer pipe material; 3) Residential construction on private property for concrete and bituminous construction; 4A) Abandoning storm sewer in place and installing pipe at a higher elevation with trenchless or directional bore method; 4B) Abandoning storm sewer in place and installing pipe at a higher elevation with open cut method; and 5) Installing storm sewer pipe with open cut method instead of or directional bore method. The assessable portion of the low bid was under the Engineer's Estimate presented at the Improvement hearing by approximately 5%. Staff is recommending accepting Alternate 1. Alternate 1 adds $9,601.40 to the base bid. Alternate 1 would replace an undulating section of mainline rather than just spot repairs at the separated services. The assessment cost to the property owners to replace the service connections are actually less than the spot repair method. Staff is recommending accepting Alternate 2 for the 36" pipe for a savings of $9,120.00. The substitution of RCP with HDPE for the smaller pipe does not result in a significant savings. Staffis recommending accepting Alternate 3 that provides unit pricing for private residential driveway or sidewalk construction as has been done in previous street zone projects. Staff is recommending accepting Alternate 4B, installing storm sewer pipe with an open cut method for a savings of $15,175.90. Staff is recommending accepting Alternate 5 installing pipe with an open cut method for a savings of $27,854.08. Based upon the low bid from Midwest Asphalt, staff is recommending contract award of the base bid with Alternates 1, 2, 3, 4B, and 5 with the following funding sources: Street Construction Funds lnfrastmcture Capital Improvement Projects (Assessments) Base Bid $701,925.19 $496,817.18 Alt. 1 Alt. 2 Alt. 3 Alt. 4B Alt. 5 $2,506.50 Utility Construction Funds Water Construction Storm Sewer Construction $187,366.40 $139,012.00 ($9,120.00) (15,175.90) ($27,854.08) COUNCIl, ACTION: P. 68 CITY COUNCIL LETTER Meeting of: 5/24/04 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER No: - A'"X , LIC wombs ITEM: RESOLUTION ACCEPTI2xlG BIDS AND BY: K. Hansen BY: AWARDING CONTRACT FOR ZONE 7A STREET DATE: 5/19/04 DATE: REHABILITATION PROJECTS Sanitary Sewer Construction $ City State Aid Maintenance $ Continued - Page 2 75,124.20 $9,601.40 5,155.10 Recommended Motion: Move to waive the reading of Resolution No. 2004-27, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2004-27 accepting bids and awarding the 2004 Street Rehabilitation Projects in Zone 7A, Project No. 0402 to Midwest Asphalt Corporation of Hopkins, Minnesota in the mount of $1,605,400.07 based upon their low, qualified responsible bid and accepting Alternate 1 for sanitary sewer on Jackson Street for an add on of $9,601.40, Alternate 2 for HDPE storm sewer pipe (36" only) for a deduct of ($9,120.00), Alternate 3 (unit price basis) for residential driveway construction, Alternate 4B for 15" open cut pipe installation for a deduct of ($15,175.90) and Alternate 5 for 30" open cut pipe installation for a deduct of (27,854.08), for a total contract award of $1,562,851.49; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. mU.'jb Attachments: Bid Opening Minutes Resolution COUNCIL ACTION: P. 69 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, May 20, 2004 2004 Street Rehabilitation, Zone 7A City Project 0402 Pursuant to an advertisement for bids for 2004 Street Rehabilitation, Zone 7A, City Project 0402, an administrative meeting was held on May 20, 2004 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Trish Carlson, Forest Lake Contracting Mike Schleeter, Midwest Asphalt Corp. Kevin Hansen, Public Works Director/City Engineer Joam~e Baker, Public Works Secretary Bids were opened and read aloud as follows: (See Exhibit 1) Respectfully submitt9~], Jomme Baker Public Works Secretary jb P. 70 RESOLUTION NO. 2004-27 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7A STREET REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0402 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0402, Street Rehabilitation Improvements, five bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: (See Exhibit 1) WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2004 Zone 7A Street Rehabilitation Improvements, City Project No. 0402, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project 0402 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. Dated this 24th day of May 2004. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Julienne Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk P. 71 2004 Street Rehabilitation - Zone 7A City Project #0402 Bid Opening - Thursday, May 20, 2004 - 10:00 a.m. Total Base Bid Total Base Bid Total Base Bid Total Base Bid Total Base Bid Bid Total with with with with with Bidder Bond Base Bid Alternate #1 Alternate #2 Alternate #3 Alternate #4A Alternate #4B Alternate #5 a/lidwest Asphalt Corporation 5% $1,605,400.07 $1,615,001.47 $1,592,156.35 $2,506.50 $I ,607,924.07 $1,590,224.17 $1,577.199.29 Dave Perkins Contracting 5% $1,664,207.00 $1,666,732.00 $1,634,124.50 $3,830.00 $1,665,207.00 $1,651,267.00 $1,649,269.00 Northdale Construction 5% $1,664,696.90 $1,664,700.52 $1,644,418.16 $2,747.60 $1,667,347.90 $1,656,541.78 $1,646,400.82 Three Rivers Construction 5% $1,779,833.93 $1,815,307.15 $1,771,861.29 $4,490.00 $1,790,968.93 $1,765,122.14 $1,723,075.91 Forest Lake Contracting 5% $1,903,921.55 $1,922,392.55 $1,903,921.55 $4,190.00 $1,905,921.55 $1,923,420.55 $1,922,567.55 CITY COUNCIL LETTER Meeting of: 5/24/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: CHANGE ORDER NO. 1 AND FINAL PAYMENT BY: K. Hansen V,~O~_.~? BY: FOR SANITARY SEWER LINING, PROJECT 0309 DATE: 5/19/04 ~ DATE: Background: On August 25, 2003, Council authorized Project No. 0309, an addition to the 2003 sanitary sewer lining program. The project consisted of lining 15 inch RCP located on 44th Avenue from 7th to 5m Streets, and on 5th Street from 44th to 45th Avenues; 12 inch RCP located on 43rd Avenue, from Quincy to Monroe Streets; and on 44th Avenue from Washington to 7m Streets, and 10 inch VCP located on 43ra Avenue, from Central Avenue to Jackson Street. The sanitary sewer lines were cleaned and televised in March of 2001. When the work began in February, however, the Contractor encountered heavy debris in several of the lines. This required extra cleaning to be done before the mains could be lined. Extra cleaning was needed on 43rd Avenue from Van Bnren to Jackson Streets and from Quincy to Monroe Streets and on 44th Avenue from 7th to 5th Streets. The work was performed on a time and material basis and cost for this work is included on Change Order No. 1. Analysis/Conclusions: Staff is recommending approval of Change Order No. 1 and £mal payment to Visu-Sewer Clean and Seal, Inc., and final acceptance of the work. The lining is complete and final reports and televising have been provided to the City. A copy of the change order and Engineer's Report of Final Acceptance is attached. The final payment is consistent with the original bid and change order. Reconnnended Motion: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Visu-Sewer Clean and Seal, Inc. in the amount of $ 3,822.25 to be fimded out of 652-50309-5130. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 0309, and to authorize final payment of $4,054.25 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. KU:jb Attachment: Change Order No. 1 Engineer's Report of Final Acceptance COUNCIL ACTION: P. 73 CHANGE ORDER NO. 1 Project: 2003 Sanitary Sewer Lining Program City Project: 0309 Owner: City of Columbia Heights Date of Issuance: 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Visu-Sewer Clean and Seal, Inc. Engineer: City Engineer W230 N4855 Betker Drive Pewaukee, WI 53072 You are directed to make the following changes in the Contract Documents: Description: Add: Cleaning 330 L.F. of 10" VCP and 332 L.F. of 12" RCP on 43rd Avenue and 664 L.F. of 15" RCP on 44th Avenue. Revise: Line an additional 2 L.F. of 12" RCP on 44th Avenue and 1 L.F. of 15" RCP on 5th Street. Purpose of Change Order: The contract has been modified to include the following: · Cleaning heavy debris from sanitary sewer main on 43rd Avenue from Quincy to Monroe Streets and from Jackson to Van Buren Streets and on 44th Avenue from 5th to 7th Streets. · Revise lining quantity to match field measurements. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 91,005.60 Previous Change Orders No. __ to No. __ Net Change from Previous Change Order: None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 91,005.60 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 3,822.25 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 94,827.85 orc~e)d/~ Rec ed ' Approved By: X tr~,nx_~ ~ sr'x By: (Contractor) Approved By: Julienne Wyckoff, Mayor Approved By: 7 Walter Fehst, ~'~j ~4Manager Date of Council Action CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2003 SANITARY SEWER LINING PROGRAM - AMENDED CITY PROJECT NUMBER 0309 May 19, 2004 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 Visu-Sewer Clean and Seal, Inc. The work consisted of lining 15 inch RCP located on 44th Avenue from 7th to 5th Streets, and on 5th Street fi:om 44th to 45th Avenues; 12 inch RCP located on 43rd Avenue, fi:om Quincy to Monroe Streets; and on 44th Avenue from Washh~gton to 7th Streets, and 10 inch VCP located on 43rd Avenue, from Central Avenue to Jackson Street. 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 CHANGE ORDERS FINAL CONTRACT AMOUNT $ 91,005.60 $ 3,822.25 $ 94,827.85 FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 94,827.85 ($ 90~773.60) BALANCE DUE Sincerely, C~T~)OF .COL,~IA HEIGHTS City Engineer $ 4,054.25 P. 75 CITY COUNCIL LETTER Meeting of: May 24, 2004 AGENDA ORIGINATING CITY MANAGER SECTION: ~-' A- ~ DEPARTMENT: APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Charlie Thompson BY: License Revocation, Rental Properties DATE: May 20, 2004 DATE: NO: Revocation or suspension ora license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. F.C. Celtic ..................................................................... 3849 Central Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 14, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic at 3849 Central Avenue N.E. COUNCIL ACTION: P. 76 CITY COUNCIL LETTER Meeting of: May 24, 2004 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~ - ./~ - k ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ? '~ ~"~'x~ k~'DATE' . ,~ ~_/j~ NO: DATE: May 20, 2004,(,ef~') x BY: BACKGROUND/ANALYSIS Attached is the businesS license agenda for the May 24, 2004 City Council meeting. This agenda consists of applications for Contractor licenses for 2004. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompmxied Application. This means that the data privacy fonn has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 24, 2004 as presented. COUNCIL ACTION: P. 77 TO CITY COUNCIL May 24, 2004 *Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Dom~elly Dotson Inc *Kalmes Mechanical Inc 2500 E. 25th St, Mpls 15440 Silverod St NW, Andover $50.00 $50.00 P. 78 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING oF: ~-7-q~Qq- STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number [D~ ~00 through [/)~; ~' ia the amount of $ ~7/ot~_2. ~.~. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P. 79 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/20/2004 14:36:41 Check History GL050S-V06.60 CO~RPAGE GL540R Report Selection: Optional Report Title ....... 05/24/04 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ ~ucher .................... i .eased Date ~ared Date ................ thru thru thru thru 108300 thru 108438 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 05/20/2004 14 Check History 05/24/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOLrNT ALL SAFE FIRE & SECURITY AMERICAN BOTTLING COMPAN ANOKA COUNTY LICENSE BUR ARCTIC GLACIER BELLBOY BAR SUPPLY BELLBOY CORPORATION BOHAM/GARY CHANHASSEN DINNER THEATR CHISAGO LAKES DISTRIBUTI COLUMBIA HEIGHTS FIRE CA FARNER-BOCKEN FINE WINES FROM EUROPE GENUINE PARTS/NAPA AUTO GLENWOOD INGLEWOOD GRIGGS-COOPER & CO GUAMAN/BLANCA JOHNSON BROS. LIQUOR CO. JOHNSON PAPER & SUPPLY C MEDICINE LAICE TOURS MICHOG/ED MN DEPT OF ADMINISTR3~TIO MOELLER/KAREN MOTION TELECOM 0o MPLS FIREFIGHTERS RELIEF NORTHEAST STATE BANK OFFICE DEPOT OTTNEY/LEAIFN PETTY CASH - KAREN MOELL PITNEY BOWES LOUISVILLE QWEST COMMUNICATIONS SAM' S CLUB TECH DEPOT XCEL ENERGY (N S P) YOUNG/KATHY WELLS FARGO - PAYROLL AC AARP COCA-COLA BOTTLING MIDWE EAST SIDE BEVER3~GE CO FARNE R - B O C KEN FINE WINES FROM EUROPE G & K SERVICES GENUINE PARTS/NAPA AUTO GIBELYOU/HELEN GRIGGS-COOPER & CO HELLMAN/SAi~AH JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS- CHECK NUMBER 108300 108301 108302 108303 108304 108305 108306 108307 108308 108309 108310 108311 108312 108313 108314 108315 108316 108317 108318 108319 108320 108321 108322 108323 108324 108325 108326 108327 108328 108329 108330 108331 108332 108333 108334 108335 108336 108337 108338 108339 108340 108341 108342 108343 108344 108345 108346 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 1 AMOUNT 172 24 88 90 1,008 88 555 56 481 66 3,882 29 52 85~ 1,250 00 3,242 40 25 00 1,708.73 360.75 57.43 115.59 2,859.62 243.50 18,669.67 3,502.92 2,254.00 22.00 482.87 63.69 75.84 223.69 104,471.23 19.93 513.56 119.27 296.00 150.54 161.03 474.94 44.44 143.60 253,798 81 230 00 1,909 88 26,553 10 6,808 91 682 50 60 63 88 65 5 00 42,600 59 33.55 1,618.57 6,138.84 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/20/2004 14 Check History GL540R-V06.60 PAGE 2 05/24/04 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MARK VII DIST. MENARDS CASHWAY LUMBER-F MINNESOTA CROWN DISTRIBU MN WEST COAST SWING DANC MOELLER/KAREN NEEDHAM DISTRIBUTING CO ONVOY PETTY CASH - JOANNE BAKE PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS DEPT OF LABOR & INDUSTRY WINE COMPANY/THE WINE MERCHANTS XCEL ENERGY (N S P) ACCENT PROMOTIONS INC ACE HARDWARE ACS ALL SAFE FIRE & SECURITY ANCOM COMMUNICATIONS INC ANOKA COUNTY ANOKA CTY - CENTRAL COMM ASPEN MILLS~ INC. AWD COOLERS OF MINNESOTA BARNA GUZY & STEFFEN LTD BAUER BUILT TIRE & BATTE BREDEMUS PLARDWARE COMPAN CADD/ENGINEERING SUPPLY CAMDEN PET HOSPITAL CDW COMPUTER CENTERS INC CLARK PRODUCTS INC COLUMBIA HEIGHTS RENT~_L COMMAND SCHOOL, INC COORDINATED BUSINESS SYS CSC CREDIT SERVICES D ROCK CENTER DAVIES WATER EQUIPMENT C DIAMOND VOGEL PAINTS ELK RIVER FORD EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FLEXIBLE PIPE TOOL CO. G & K SERVICES GENER3kL SAFETY EQUIPMENT GENUINE PARTS/NAPA AUTO GR3kFIX SHOPPE GREEN LIGHTS RECYCLING 108347 108348 108349 108350 108351 108352 108353 108354 108355 108356 108357 108358 108359 108360 108361 108362 108363 108364 108365 108366 108367 108368 108369 108370 108371 108372 108373 108374 108375 108376 108377 108378 108379 108380 108381 108382 108383 108384 108385 108386 108387 108388 108389 108390 108391 108392 108393 2,761 10 52 37 225 00 490 40 55 34 548 75 26 42 97 59 2,796 68 18,890 44 102 51 20 00 758 55 1,652 72 285 74 341.13 35.52 10,995.02 94.60 571.92 293.56 392.00 846.65 60.55 13,807.00 66.50 42.60 651.25 1,419.00 129.18 155.47 43.57 1,260.00 214.56 25.00 479.25 1,687.66 2,023.07 17,832.00 116.60 4,822.12 11,399.09 382.45 262.72 151.28 345.06 121.11 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/20/2004 14 Check History GL540R-V06.60 PAGE 3 05/24/04 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RA~L/JOCLYN HOME DEPOT #2802 INSTRUMENTAL RESEARCH IN JRK, INC KEVITT EXCAVATING LAW ENFORCEMENT TARGETS LEAGUE OF MINNESOTA CITI MAC QUEEN EQUIPMENT CO. MCFOA - TREASURER MEDTOX LABORATORIES INC MENARDS CASt, AY LUMBER-F METROCALL - ATT MESSAGIN METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS OXYGEN CO. MINNESOTA DEPARTMENT OF MINNESOTA'S BOOKSTORE MN MUNICIPAL BEVERAGE AS NATIONAL WATERWORKS, INC NATW NEXT DAY GOURMET NORTH MEMORIAL EMS EDUCA NORTHLAND CHEMICAL CORP OFFICE DEPOT PC SOLUTIONS PREMIUM WATERS INC RAPID GRAPHICS & MAILING REED BUSINESS INFORMATIO RUFFRIDGE-JOHNSON EQUIP. SENSIBLE LAND USE COALIT STREICHER'S GUN'S INC/DO SUN PUBLICATION SWEENEY BROTHERS SYSTEMS SUPPLY INC. TBS OFFICE AUTOMATIONS TKDA TRUCK UTILITIES COMPAATY VAN-O-LITE VECTOR INTERNET SERVICES VERIZON WIRELESS WERNER ELECTRIC SUPPLY C WW GRAINGER, INC WYCKOFF/JULIENNE ZARNOTH BRUSH WORKS, INC 108394 108395 108396 108397 108398 108399 108400 108401 108402 108403 108404 108405 108406 108407 108408 108409 108410 108411 108412 108413 108414 108415 108416 108417 108418 108419 108420 108421 108422 108423 108424 108425 108426 108427 108428 108429 108430 108431 108432 108433 108434 108435 108436 108437 108438 46.60 35.40 147.00 1,607.08 6,095.00 67.93 20.00 120.75 70.00 43.50 413.03 14.60 56,396.13 507.87 1,123 32 10 86 8,252 00 38 90 300 00 1,703 55 99 25 52 72 1,250 00 99 43 311 79 655 43 27 02 4,491 00 771 64 55 76 110 00 687.23 707.85 165.42 673.55 10.70 212.78 83.90 47.93 150.00 42.00 38.05 24.06 48.10 138.40 676,122.28 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/20/2004 14 Check History GL540R-V06.60 PAGE 4 05/24/04 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 676,122.28 RECORDS PRINTED - 000846 ACS FINANCIAL SYSTEM 05/20/2004 14:36:44 FUND RECAP: FUND DESCRIPTION Check History DISBURSEMENTS CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R 101 201 203 213 240 265 401 415 431 432 433 601 602 603 604 609 653 701 720 885 GENERAL COMMLK~ITY DEVELOPMENT FUND PARK-VIEW VILLA NORTH PARKVIEW VILLA SOUTH LIBRARY CONFISCATED/FORFEITED PROP CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENT - PIR CAP EQUIP REPLACE-GENERAL CAP EQUIP REPLACE-SEWER CAP EQUIP REPLACE-WATER WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING ESCROW ALL FUNDS 53,058.16 245.35 82.99 104,512.72 1,542.07 44.84 351.44 2,284.59 18,311.25 504.44 504.44 11,684.60 67,827.04 187.61 344.40 150,180.90 6,095.00 3,479.83 1,399.15 253,481.46 676,122.28 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 676,122.28 676,122.28 CITY COUNCIL LETTER Meeting of May 24, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~ A Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson BY:~~~/,~/~//~,,_/ Rental License Revocation DATE: May 20, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Merlin Garner regarding rental property at 943 42"a Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of May 24, 2004. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Merlin Garner Regarding Rental Property at 943 42na Avenue NE. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 86 CITY COUNCIL LETTER Meeting of May 24, 2004 AGENDA ORIGINATING CITY SECTION: ~9 ~ DEPARTMENT: Fire MANAGER APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson BY: ./,~. ,~ Rental License Revocation DATE: May 20, 2004 DATE: NO: The matter of the revocation of the license to operate a rental refit(s) within the City of Columbia Heights against F.C. Celtic regarding rental property at 3849-51 Central Avenue NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of May 24, 2004. The public hearing on this property may now be closed in that the owner and the tenants were not properly notified of the City Council hearing. The Columbia Heights Fire Department will serve proper notice on all interested parties and schedule a public hearing at the next available date. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic Regarding Rental Property at 3849-51 Central Avenue until such time all interested parties can be properly notified. COUNCIL ACTION: P. 87 CITY COUNCIL LETTER Meeting of: 5/24/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ ~ .~_~ PUBLIC WORKS~,~v ~/¢~~ ,' ITEM: RESOLUTION 2004-28 ESTABLISHING A BY: K. Hansen ~ BY: SANITARY SEWER CONNECTION AND WATER DATE: 5/19/0~]~.~~ DATE: CONNECTION CHARGE. Background: As part of the recent utihty rate study accepted by the City in December 0£2003, the Council directed staff to evaluate City SAC and City WAC charges as an additional source of revenue. The City of Columbia Heights does not currently have in place a Sewer Availability Charges (City SAC) and Water Availability Charges (City WAC). The City does have a Metro SAC charge that is a pass-through cost to the MCES from the City. Typically, SAC/WAC fees are one-time charges that are applied to new development or redevelopment at the time of building permit. MCES uses the defin fion ora SAC as a user's 'portion of reserve capacity in the Metropohtan Disposal Sewer System.' A detailed explanation of SAC charges is included on the attached sheet from MCES. Analysis/Conclusions: The theory supporting establishing a SAC or WAC fee is to pay for capacity in the infrastructure due to development or redevelopment in the service area. Columbia Heights is generally considered fully developed with small areas of iafill development, typically by lot splits or small areas of empty property. The capacity of our infrastructure system has therefore been previously defined, calculated and sized based upon past and present uses. The de£mition of SAC by MCES has been upheld by the Minnesota Supreme Court, and will be used herein. Applying that definition to potential areas of redevelopment in the City of Columbia Heights requires analysis on a case-bl~-case basis, since our system is fully developed. This requires evaluating development proposals and calculating the additional demand on existing infrastructure. Improvements identified based upon capacity needs couM then be snpported by SAC or WAC charges. An alternative to this would be to have Developers pay directly for any system improvements associated with their Development proposals, as was done with the K-Mart Redevelopment. Based upon a conversation with our City Attorney, it would not be supportable to apply or require both. The City of Columbia Heights does not have a City WAC and applies only $35 for a surcharge on the MCES SAC. The City does incur expenses in administering the connections to the City infrastructure system that are not recovered by permit fees. Examples of these are Public Works time for record drawings, inspections, locates, administrative and overhead. On this basis, a proposed range for City Connection Fees in the range of $200 - 400, each, could be considered. Based upon an estimated number of new units in the range of 850 to 900 units over the next 5-10 years, potential revenue could be in the range of $18,000 to 36,000, annually. Based upon the definition of SAC and WAC by MCES, it is recommended by staff to review developments and conduct capacity analysis on a case-by-case basis. Any improvements to the infrastructure system would then be borne by the developer based upon the capacity analysis. Implementing large (some cities are as large as $3,000 to $4,000 City SAC and WAC fees need to be supported by unused system capacity, which is difficult if not impossible to define in a fully developed community. COUNCIL ACTION: P. 88 CITY COUNCIL LETTER Meeting of: 5/24/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2004-28 ESTABLISHING A BY: K. Hansen BY: SANITARY SEWER CONNECTION AND WATER DATE: 5/19/04 DATE: CONNECTION CHARGE. Item: Connection Charge Page 2 Staffrecommends reviewing City Sewer Connection and Water Connection Fees based upon staff costs not currently covered by other fees. For informational purposes, attached is a sheet listing the SAC and WAC fees compiled by the League of Minnesota Cities, 2003 data. The data is compiled based upon population ranges. It should be noted that most of the SAC fees shown are pass thru's of the MCES regional SAC fee of $1,275 (2003 rate). Additionally, an independent study was conducted in 2002 for SAC and WAC rates in Minnesota and Iowa, averaging $498, each. The survey used information from 133 and 126 cities in Minnesota for WAC and SAC fees, respectively. Staff reviewed sewer and water connection charges with the City Attorney and a copy of his opinion is attached, dated May 19th, 2004. Recommended Motion: Move to waive the reading of Resolution No. 2004-28, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2004-28, being a Resolution establishing and implementing new City Sanitary Sewer Connection Charge in the amount 0£$200 and Water Connection Charge in the amount of $400. Attachment: MCES D efmition LMC SAC & WAC fee survey (2 pages) City Attorney Letter dated May 19, 2004 Resolution 2004-28 COUNCIL ACTION: P. 89 3. DESCRIPTION OF Ti'- SAC SYSTEM The Service Availability Charge ("SAC") is similar to fees used by many wastewater utilities, typically known as "impact" fees. SAC has been levied since 1973 by Metropolitan Council Environmefltal Services (MCES) for new demand at the t/me of new connections or increased volume use to the Metropolitan Disposal System (MI)S). SAC is assessed based upon the maximum potential daily wastewater flow, which is in turn based upon the usage of individual properties. Single family houses, townhouses, duplex units and most apartments each equal one SAC per Dwelling Unit. One SAC unit is defined as 274 gallons of daily wastewater flow volume. Commercial Properties are assessed SAC units based on maxim~m potential daily wastewater flow. Industrial Properties are assessed SAC units based on max/mum normal daily wastewater flow volume separately for process areas and maximum potential daily wastewater flow volume for commercial areas. 3.1 History of the SAC Program While SAC has been levied by MCES since 1973, it was not part of the original rate structure. MCES, then called the Metropolitan Sewer-Boar , was created in 1969 by Minnesota Statutes §473.517 subd.' (3), with mandates to provide service for the rapidly growing population in the Twin Cities metropolitan area and to clean up the area's rivers and lakes. At the time the law was passed, local communities in the area, straggling to keep up with rapid growth, were operating more than 40 treatment plants. Many treatment plants served limited local areas, and they often caused serious water quality problems in the lakes and rivers which received their effluent. Heavy capital costs were inevitable as the Sewer Board needed to expand and improve treatment and collection capacity for the area, to serve a population that grew 20 percent in the !950s and 23 percent in the 1960s. The question facing the agency in the early days was how to pay for the share of capital projects reserved for future users. Then as now, the "reserved" share represents excess capacity built into the current capital projects, so that treatment plants and interceptors provide capacity not only for today's population but for the population growth expected over the next 20 to 50 years. The practice of building in reserve capacity is based upon experience and economy. With prudent maintenance, interceptors more than a century old continue to provide service. The physical sites of sewer pipes and treatment plants seldom change; so that major land acquisition occurs only once per site. Further economies of scale in construction make it more cost effective tO provide some reserve capacity in these facilities at the time the facility is first built, rather than to make s..m~ll,.fre??t..e..xp.~ an~.~.!0ns in capacity·' ............ In 1971 and 1972, its first two years of operation, the then-Metropolitan Sewer Board allocated the cost of reserve capacity to individual communities based on each community's projected demand. However, many communities, particularly those in the early stages of development, P. 90 Description of the SAC System, Continued found it dif~cult, ff not impossible, to pay lump-sum charges for reserve capacity. These young commuaities often had neither the population nor the tax base to finance the cost of capacity they would need in years to come. It quicldy became apparent that an alternative method of paying for reserve capacity had to be developed. Following intensive study and discussion with customer communities, MCBS developed the Sewer Accessibility Charge system of paying for reserved capacity. The SAC system was instituted in 1973. While the SAC system proved acceptable to communities in the early stages of development, other communities challenged the SAC system in court. These commurrities characteristically were mature and already developed. In a District court ruling, later upheld by the Minnesota Supreme Court, the SAC system was found consistent with state law. 3.2 SAC Determinations MCES is a wholesaler ofwastewater services for the MDS. MCES collects SAC from, and grants SAC Credit to, Local Governments. Irt turn, the Local Governments are responsible for SAC collection from property' owners. Generally, municipalities issue the permits (building pez~zfits or plumbing permits) indicating that development or redevelopment is occurring and that the demand for sewage service is likely to change. The change irt demand triggers a SAC ' Determination. MCES makes all Determinations for Industrial Properties, while Local Government may make Commercial decisions based on MCES criteria and guidance. MCES will assist communities in SAC Determinations, conduct them upon request, and will make the final decisions regarding the correct number of SAC units to assess. 3.3 SAC Revenue SAC revenue collected by MCES is used to finance the reserved capacity portion of the capital costs of the MDS, either directly ("pay-as-you-go" funding) or as debt service payments. The remaining portion, representing used capacity, is paid by the communities through monthly municipal wastewater charges. MDS capital Costs = SAC + Monthly Sewer Charges The per-unit Service Availability Charge is determined and approved by the Metropolitan Council ("Council"). The rate is dependent on various factors, including the ~nnual SAC requirement, the amount of the pay-as-you-go funding anticipated, the SAC reserve balance, and the number of SAC urdts forecast to be collected within that period. 3.4 SAC Credits MCES gives Local Government "Credits" for a permanent reduction in the wastewater capacity needs of individual properties within'the Local Government. These Credits reflect the amount of capacity either used by the Local Goverm-nent at the inception of the SAC program or the oA,_, has been paid but that is c~ently unused. amount of capacity for which ~ r~ This is the amount the Local Government can grow (measured by SAC units) without paying additional MCES SAC. MCES SAC Credits do not have a monetary value and may not be traded between Local Governments. P. 91 5 LEAGUE OF MN CITIES WATER: LOCAL WATER CONNECTION CHARGE CITIES 0 - 2,500 Excelsior 300 Spring Pa~ 25 Sunfish Lake ne Woodland ne CITIES 10,000 Arden Hi~ 3,6 Centervllle Cimle Pines 850 WAC + 30.50 connection Damon D~phaven na Falcon Heigh~ 62 ~r ~4" pipe; 115 ~r 1" pipe Fa~g~n Forest ~ke 1,200 H~ ~ke ne Hugo 2,050 lndependen~ na Jo~ 1.975 ~ke EI~ 100 L~le ~nada 300 Ma~i 1,2~ Mound 240 N~ Prague t,0~ Newpo~ 1,500 No~d Young A 1.7~ ~k Grove na Oak Pa~ He~ 4~7~ 0~ na Oss~ 1.260 Shom~o~ 5~inslde ~O/outsid8 8L A~o~ 2~ Sr. Fronds · %600 St. Ml~a~ 2,045 St. Paul Pa~ V~o~a 4~500 Waoonla 2,2~runk Way~ 1.6~ ~ SAC CITIES 10,000- 20,000 Andover ,50 + .§0 sumharge A~oke %000 Champlin 2,100/eno time Cha~aasen 1,876 Chaske 2,730 COlumbia Heights 3~water in~ 35/tap Hastings 1,17&tW'AC Hopklas t50 L~o Lakes 425 Mendote Heights 10 Mou~ds View 275 Ninth SI,. Paul na Northfleld Prat Lake Ramsay Robblnsdale Rosemount Savag~ ,Shskopee Stillwater West St. Pabl ioduded w~ s~v~r 50Ara[er peter + wAC 1 1 1,~S.~ ~7 ~AC 30o~r mawr na CITIES OVER 20,000 Apple Valley Elaine Blaamingt~l Brooklyn Centa~ Bmsklyn Park Butnsv~ Coon Rapids Co.ge Grove C~tal Eagan Eden EdJna Fddl~y Golden Valley In~ G~ve Maple Map~ Minn~n~a New ~w H~ Oak~ale ~ymo~h Roee~lle Shomviaw Seth St. Paul 8L Louis Pa~ '~ Paul ~Ite Bear 53§/per ~AC unit 78/permit for water/sa~er c~nnecflon 1,275 5O nf c~ty has d~all 2,190 t,0o0/Iot on n~t subdivision 25,50 -,* c~st of mater 65.,60 1,390/one Ume fee 1,400 150 varies ba~ed on project 50 100 50 63O 15.50 Included in bldg permit ~ee above otherwise 27S/ed # lineal ftx 14 ~'assesernents not pd na na 300 P. 92 LEAGUE OF MN CITIES 6512811299 SEWER-LOCAL SEWER CONNECTION CHARGE CITIES 0 · Exce~slor 300 Spring Park 25 Sunfish Lmke na Weodlan~l CITIES Alton nm Arden Hills 35 Cmntervflle 1,275 Circle Pines 1,2751~C · 30.50 connecflun Corcoran na Daytall na 75-1o0/~epti~ system Deephaven 1,250 Falcon Hal~ll~ 25 Farmlngtort 65 Forest Lal(e 1,275 Ham Lake na Hugo 2,050 Independence 100 Jordan Lake Elmo Little Canada 260 IVtahtomedi 430 Mound 240 New Prague SOO Newpart 1.50D Nonvood Young A 1 Oak G~ve na Oak Park Hefghts 2,730/acre arena na Shoreward 150 SL Anthony 150 St. Francis 2,800 ~;L Michael 4,053 SL PaUl PeA 200 Vict~rle 2,675 (..'.'.'.'.'.'.'.'.~AC 1,275, sawer cam 1,400) Waeonla 400/[funk Wayzata 400 per SAC C__~IES ~ 0,000 - 20,000 Andovsr Anoka Champfin Chanhas~en Ci=lumbia Heights Ha~l;ngs Hopkins Uno Lake,= Mounds ~ North St, Paul -'40 + .S0 1 ~275: 1,275/one time 1,440 210 1.2751SAC 35/~ewer insp 6251sewer connection 1,275 100 1.275 ~ ~275 Nor~hfield Print l_eke Ramsay Robbln~alo Rosemount Savage Sflllwate~ We~t SL Paul 10.50 6O0 501sewer permit + SAC 1,275 SAC He~dle f~e/190 1,~5.00 1,27~AC 10~wer ~nn~ion 750 CITIES OVER 20,000 Appl~ Vary 2,~O/per SAC unit Blalae 1,275 Bloomington 1,275 Brooklyn Canter 1.S0~/¢=nna~an WAC charge Brooklyn Park n. Burnsville 239 ~on Rapes SO ~e Gm~ 286 Eagan cl~ has detail Eden Prairie 520 Edlna 1.,~/I01 on n~ su~lvi~ion FrM~ 25~50 Galen Val~y 65:50 I~r G~. ~. 23~ono Maple Grow ~pl~o~ 1~75 Min~onka N~ B~hton N~ H~ Oakdale 50 Piy~Uth 37O ~e~se 275 South SL ~ul ~ lineal fl ~ 16 ~ ass~sman~ not ~ Lou~:pa~ ~. Faur na ~ile B~r ~ko 300 TOTRL P.83 P. 93 RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON THOMAS P. MALONE MICHAEL E HURLEY DOUGLAS G. SAUTER HERMAN L. TALLE CHARLES M. SEYKORA DANIEL D. GANTER, JR. BEVERLY K. DODGE JAMES D. HOEFT JOAN M. QUA.DE JOHN Z BUCHMAN SCOTT M. LEPALK Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 www. bgstaw, com STEVEN G. THORSON ELIZABETH A. SCI-LADING WILLIAM E HUEFNER BRADLEY A. KLETSCHER KRISTI R. RILEY WILLIAM D. SIEGEL JENNIFER C. THULIEN SMITH KARIN E. SIMONSON MATTHEW A. KOROGI EDWARD (TED) g SHEU Retired ROBERT A. GUZY BERNARD E. STEFFEN 1931-2002 TO: FROM: RE: DATED: Walt Fehst, City Manager, City of Columbia Heights Columbia Hei Jim HoeR, City Atto'rney, 'City of ~~ Sewer and Water "ImpaCt Fee" May 19, 2004 During the discussions regarding imposition of sewer and water access fees, the question arose as to imposing an "impact fee" on new development within the City. As I understand it, this impact fee would be used to support the ongoing maintenance and capital improvements to the existing sewer and water infrastructure (in addition to the existing sewer and water rates). Please be advised that such a fee is illegal. I have attached a copy of the seminal case on this topic. While the case deals with street and road improvements, it is directly analogous to sewer and water impact fees. It is my understanding that this matter will be discussed further at the upcoming council meeting. Obviously, I will be available for further discussion and/or explanation if necessary. P. 94 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 1 Supreme Court of Minnesota. COUNTRY JOE, INC., et al., Respondents, V. CITY OF EAGAN, petitioner, Appellant. No. C8-95-2289. March 6, 1997. Building contractori brought action against city, challenging legality of road trait connection charge imposed by city as condition of issuance of building perm/ts. The District Court, Dakota County, Thomas M. Murphy, J., granted snmmary judgment for city, and contractors appealed. The Court of Appeals, 548 N.W.2d 281, reversed and remanded. City appealed. The Supreme Court, Keith, C.J., held that: (1) connection charge was not valid exercise of city'~ implied municipal planning authority under Municipal Planning Act; ~(2) connection charge was not "impact fee"; and (3) connection charge was unlawfifl tax. Affirmed. West Headnotes Municipal Corporations ~57 268k57 Most Cited Cases 11.11 Municipal Corporations ~59 268k59 Most Cited Cases As limited statutory creation, statutory city has no inherent powers beyond those expressly conferred by statute or implied as necessary in aid of those powers which have been expressly conferred. M.S.A. § 410.015. [21 Zoning and Planning ~382.4 414k382.4 Most Cited Cases Authority to impose road unit connection charge as condition of issuance of building permits could not be implied from city's municipal planning authority under Municipal Planning Act; legislature had specifically provided funding mechanism for road improvements, and thus, no funding mechanism had to be implied to effectuate legislative grant of authority to undertake road improvements. M.S.A. § § 412.221, sub& 6, 429.021, subd. 1(1), 462.351. [31 Zoning and Planning ~382.4 414k382.4 Most Cited Cases There was insufficient evidence that road unit connection ch~arge imposed by city as condition of issuance of building permits within its borders was proportionate to need created by development upon which burden of payment fell to qualify charge as "impact fee," even if such fees were authorized; city ignored its own consulting engineers' recommendation that connection charge be periodically updated to account for changes in costs, revenue projections, or patterns of development. [41 Taxation 371kl Most Cited Cases [41 Zoning and Planning ~382.4 %~-'x 414k382.4 Most Cited Cases Road unit connection charge imposed by city as condition of issuance of building permits was unlawful "tax," rather than regulatory or license fee author/zed under city's general welfare powers; there was already separate building permit fee covering regulatory costs, plain language of resolution enacting charge indicated that it was expressly intended to raise revenue, and revenues collected were not earmarked for projects necessitated by new development, but funded all major street construction, as well as repairs of ex/sting streets. M.S.A. § 412.221, subd. 32. [51 Zoning and Planning ~382.4 414k_382.4 Most Cited Cases Statute recognizing city's authority to impose "other special taxes authorized by law" did not authorize road unit connection charge imposed as condition of issuance of building permits. M.S.A. § 412.251, subd. 11. 1.6_1 Zoning and Planning ~743 414k743 Most Cited Cases Claim by amicus curiae that building contractors waived right to challenge road unit connection charge Copt. © West 2004 No Claim to Orig. U.S. Govt. Works P. 95 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 2 by failing to challenge charge at earlier date would not be addressed on review, as issue was neither reached by trial court nor raised by party before appellate court. '681 Syllabus by the Court A statutory city lacks express or implied authority to imp-ose a road urfit connection *682 charge as a condition to issuance of build/ng permits within its borders. adopted a resolution imposing a road unit connection charge payable as a condition to issuance of all building perm/ts within the city. [FN1] The resolution stated that its purpose Was to provide "an equitable source of funding for major county and city street construction * * * in order to accommodate new development and traffic generated from future anticipated residential, commercial and industrial construction * * *" Greene & Espel, P.L.L.P., Clifford M. Greene, John M. Baker, Minneapolis, Sheldon,. Sheldon, Dougherty & Molenda, James F. Sheldon, Michael G. Dougherty, App!e Valley, for Appellant. Thomas H. Goodman, Gerald S. Duffy, Wood R. Foster, Jr., Anthony J. Gleekel, Siegel, Btill, .Greupner & DUffy, P.A., Minneapolis, for l~espondents. Campbell, Knutson, Scott & Fuchs, P.A., Roger N. Knutson, Eagan, amicus curiae. Heard, considered and decided by the court en banc. OPINION FN1. The resolution resolved in part: 3. .That the .following unit connection charges be required to be paid at the time of acquisition of future building permits in the City: a. For single family, double bungalow and t0wnhouse residential building units--S75 · per' unit. b. For multiple family residential units--80% of the normal residential un/t connection charge. c." For commercial and industrial building permits--amount determined on an acreage basis or portion thereof with three residential · units per acre and a minimum of one residential equivalent unit connection charge. KEITH, Chief Justice. This case requires 'us to decide whether the City of Eagan may lawfully impose a road unit connection charge as a condition of issuance of all building permits withiu its borders. The city adopted such a charge in 1978 for the purpose of fimd/ng major street improvements. The respondents, home building contractors, challenged the city's authority to impose such a charge and sought a refund of all 'charges collected 'within the six-yeai statute of limitations. They also sought class certification on behalf of themselves and all others subjected to the charge. On cross-.motions for summary judgment, the parties entered into a stipulation calling for the d/strict court to initially consider only the question of the city's authority to impose the charge. After a hear/ng, the d/strict comrt concluded that the city had the authority under its' police powers to impose a road unit connection charge. The court of appeals reversed, concluding that the charge was unauthorized either.by statute or case law. Country Joe, £nc. v. City of Eagan, 548 N.W.2d 281, 284 (Minn. App.1996). We affirm. On February 14, 1978, the Eagan city council The charge was prompted by a study conducted by the city's consulting engineers in 1977, which projected a shortfall of SIAl million in funds available to finance major street construction in the city through the year 2000. The consulting engineers proposed that the city make up this shortfall by imposing a road unit connection charge, patterned after the water and sewer connection charges already imposed by the city pursuant to state law. See Mm. Stat. § 444.075, subd. 3 (1996). The city deposits road unit connection charges collected into a Major Street Fund account, along with other sources of road funds. [FN2] Funds are not earmarked for any particular project and the city does not attempt to link expenditures to any particular funding source. In addition to major street cons~_,ction costs, miscellaneous charges such as sealcoating and the purchase of signal lights are occasionally paid out of the account. FN2. The city's Finance Director testified that road unit connection charges collected are commingled with the city's "ad valorem tax levy, some special assessment Copr. © West 2004 No Claim to Orig. U.S. Govt. Works P. 96 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 3 collections, interest earnings" and other miscellaneous revenue sources in the Major Street Fund. *683 The original plan recommended that the charge "be reviewed annually and totally revised every 5 years in order to adjust for any significant changes in construction costs, revenue projections or changes in the development pattern within the City of Eagan." In December 1979, the city revised its estimated costs of construction upward to include the addition of pedestrian wallcways to the city's street design. As a consequence,, the city increased the road unit connection charge for a single family residence from $75 to $185. Except for annual increases based on an inflationary index, the plan has' not been updated since this initial revision of 1979. The inflation- adjusted charge for a single family residence had ' increased from the initial $75 to $410 at the time this lawsuit was filed in'1994. On appeal, the city contends that the imposition of a road unit connection charge is a lawful exercise of its implied powers under Minnesota law. The city suggests that the aUthority to finance road improvements can be imphed from several sources, including the city's municipal planning authority under Mm. Stat. ch. 462; the implied power to impose an "impact fee" to fund infrastructure improvements, as currently recognized in numerous other states; and th~ city's power to collect regulatory and license fee~ pursuant to its general welfare powers under Mm. Stat. § 412.221, subd. 32. [1][2] The city Of' Eagan is a "statutory city," meaning it is a municipal corporation that has not adopted a home rule charter as provided for under Minnesota law. See Mkm. Stat.§ 410.015. As a limited statutory c~eation, the city has no inherent powers beyond those "expressly conferred by statute or implied as necessary in aid of those powers which have been expressly .conferred." MangoM Midwest Co. v. Village of Richfield, 274 Mm. 347, 357, 143 N.W.2d 813, 820 (1966). We first consider the city's content/on that the road unit cormection charge is a valid exercise of its implied municipal planning authority under Mm. Stat. ch. 462, the Municipal Planning Act. The policy statement introducing the act clearly expresses the legislature's intent to confer broad planning authority on cities: "It is the purpose of sections 462.351 to 462.364 to Provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning." Minn. Stat.§ 462.351. The city asserts that the road unit connection charge is merely an example of its lawful exercise of the broad planning authority conferred upon it under the act. The-city relies on our decisions in two municipal planning cases in support of its assertion. In Naegele Outdoor Adver. Co. v. Village q£ Minnetonka, we upheld an ordinance adopted by the village requiring advertisers to phase out billboards located in exclusively residential zones. 281 Mm. 492, 505, 162 N.W.2d 206, 215 (1968). We concluded that while no statute expressly authorized such an ordinance, the power to do so must necessarily be implied to effectuate the village's express statutory authority to create exclusively residential dislricts. Id. at 504, 162 N.W.2d at 215. In gbnquist v. Town of Marshan. we upheld the town's adoption of a zoning moratorium against a landowner's contention that, by expressly extending the authority to adopt such a moratorium to county boards while remaining silent on the power of municipalities to adopt similar moratoria, the legislature evinced an intent to withhold the authority from municipalities. 308 Minn. 52, 64, 245 N.W.2d 819, 825 (1976). We rejected the negative inference urged by the landowner, noting that, among other arguments, "an equally persuasive argument may be made that the legislature * * * simply assumed that municipalities had inherent power to enact such ordinances." Id~. Thus, the city urges that after Ahnquist, absent an explicit expression of a contrary purpose by the legislature, cities are presumptively endowed with broad municipal planning powers-- including the power to finance municipal improvements--subject only to the limitations of good faith and nondiscr/mination. Id. at 65, 245 N.W.2d at 826. Relying on Almquist, the city contends that the court of appeals erred in concluding that the legislature's fa/hire to explicitly authorize *684 the road unit connection charge in the tax statute was an "explicit expression" of its intent to withhold such authority. Country Joe, 548 N.W.2d at 284. To the contrary, the city asserts that not only is the cons_*mction of roads to meet new development needs reasonably related to the welfare of its citizens, see Minn. Stat.§ 412.221, subd. 32, but also the implied authority to finance such construction can be derived from the Municipal Planning Act,.see id. § 462.351, as well as from the city's authority to make public improvements under Minn. Stat.§ 429.021, subd. i and Minn.Stat. § 412.221, subd. 6. Copr. © West 2004 No Claim to Orig. U.S. Govt. Works P. 97 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 4 Finally, the city cites a Virginia case in arguing that the "authority to finance public activity is implicit in [the] authority to undertake it[.]" In Tidewater,4ss'n 9f bYomebuilders, Inc. v. City of ?irginia Beach, the Virginia Supreme Court rejected the contention of an association of contractors that statutory authorization for"a $200 million water project alone was insufficient and that "the financing mechanism or fee chosen by the City must be author/zed separately * * ·" 241 Va. 114, 118, 400 S.E.2d 523, 526 (1991). The court noted, In order to exercise the duty and authority to provide a water system then, the corresponding ability to pay for the system must exist. We agree with the trial court that the ability to finance the cost of providing this service is inherent in the authority to provide it, and the specific mechanism chosen by the Ci'ty to finance the project need not be defined by statute. silence in order to effectuate the village's express power to creato residential zones); Ahnquist, 308 Minn. at 63-65, 245 N.W.2d at 825-26 (holding that the power to adopt a zoning moratorium may be implied to effectuate the town's zoning powers despite the legislature's silence on whether cities, as well as counties, possessed such authority). Accordingly, we conclude that the authority to impose a road unit connection charge cannot be implied from the city's municipal planning authority. See Mangold, 274 Minn. at 357, 143 N.W.2d at 820. FN3. As an initial matter, Tidewater did not involve road impact fees of the type enacted by the City of Eagan, which coincidentally were specifically provided for under Virginia law. 241 Va. at 118. 400 S.E.2d.at- 526. · Id. at 119, 400 S.E.2d at 526. We agree that Naegel'e and Almquist broadly defme a city's ability to plan for the use of property within its borders. That the Ivlunicipal Planning Act expressly confers broad municipal planning powers on cities does not necessarily imply that the legislature similarly intended to confer broad financing powers under the act. .In fact, the legislature's actions support the opposite conclusion. Although the legislature expressly provided for the sewer and water charges after which the city patterned its road unit connection charge, see Minn.Stat. § 444.075, subd. 3, it failed to provide' such authorization for a road charge. That this lack of express statutory authorization was not the result of legislative oversight is evidenced by statutory provisions expressly establishing special assessments as the mechanism by which cities are empowered to finance road improvements. See Minn. Stat.§ § 429.021, subd. 1(1), 412.221, subd. 6. The Virginia cotm.~:'s decision in Tidewater is thus readily distinguishable. [FN3] In Tidewater, the court noted that the Virginia legislature provided no funding mechanism at all for the water project which it had authorized. 241 Va. at 119, 400 S.E.2d at 526. In contrast, the Minnesota legislature has specifically p~vvided a fur/ding mechanism for road improvements; therefore, no fimding mechanism need be implied to effectuate the legislative grant of authority to underi~ake road improvements. Cf Naegele, 281 Minu. at 503-04, 162 N.W.2d at 215 (holding that the power to amortize nonconforming uses must necessargy be implied in face of legislative 3[~_] The city next contends that the court of appeals erred in rejecting case law from other jurisdictions approving of similar charges as "impact fees." Impact fees have been lauded by local governments in recent years as a welcome means to "shift a portion of the cost of providing capital facilities to serve new growth from the general tax base' to the new development generating the demand '~685 for the facilities." Martin L. Leitner & Susan P. Schoettle, A Smwey of State Impact Fee Enabling Legislation, in Exactions, Impact Fees and Dedications: Shaping Land-Use Development and Funding Infrastructure in the Dolan Era 60 (Robert H. Freilich & David W. Bushek eds., 1995). An impact fee has been defined as a form of development exaction that is: * in the form of a predetermined money payment; * assessed as a condition to the issuance of a building permit, an occupancy permit or plat approval; * pursuant to local government powers to regulate new growth and development and provide for adequate public facilities and services; * levied to fund large-scale, off-sito public facilities and services necessary to serve new development; * in an amount which is proportionate to the need for the public facilities generated by new development. Brian W. Blaesser & Christ/ne M. Kentopp, Impact Fees: The "Second Generation," in 1991 Zoning and Planning IYandbook 255, 264 (Kenneth H. Young Copr. © West 2004 No Claim to Orig. U.S. Govt. Works P. 98 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 5 ed., 1991). Commentators suggest that an impact fee differs from a tax in that an impact fee is levied as "compensation for the services rendered." Id. at 266 (citation omitted). Thus, key to the concept of a tree impact fee is that -*,he amount assessed a developer mu~t reflect the cost of infrastructure improvements necessitated by the development itself. Conversely, "a charge having nq relation to the services rendered, assessed to provide general revenue rather than compensation, is a tax." Id. Impact fees have also been distinguished 'from special assessments: "The primary difference is that special assessments represent a measure of the benefit of public improvements on 'new or existing development, ~vhereas impact fees typically mea~ur, e the cost of the demand or need for publ/c facilities as a result of new development only." _rd. at 267 (emphasis'added). The contractors argue that impact fees are lawful only if such fees are authorized, or appropriately 'limited, by state enabling legislation. They cite a number of cases from other jurisdictions in support of their contention that it "is well-settled that impact fees, such as the Rbad Unit Connection Charge, are illegal without specific enabling legislation." [FN4] They also point to the failure of a bill proposing an inupact fee in a recent session as evidence that the Minnesota legislature has not endorsed the concept of impact fees: See H.F. 988, 79th Leg. (Minn_1995) (a bill to amend § 462.358 of the Municipal Planning Act to authorize school impact fees). FN4. See Aunt Hack Ridge Estates, Inc. v. Planning Comm'n qf Danburv, 160 Conn. 109, 273' .A.2d 880 (1970); Idaho Bldg. Contractors Ass'n v. Cit~ o£ Coeur d'Alene, 126 Idaho 740, 890 P.2d 326 (1995); Coronado Dev. Co. v. City of McPherson, 189 Kan. 174, 368 P.2d 51 (1962); EasterTz Diversified Properties, Inc. v. Montgomery County, 319 Md. 45, 570 A.2d 850 (1990); WielepsL~' 'v. Ha~?ord Count_, 98 Md. App. 721,635 A.2d 43, vacated on other grounds, 335 Md. 225, 642 A.2d 1357 (1994); Middlesex & Boston St. Ry. v. Board of Aldermen, 371 Mass. 849, 359 N.E.2d 1279 (1977); New Jersey Builders Ass'n v. Bernards Township, 108 N.J. 223, 528 A.2d 555 (1987); Hillis Homes, Inc. v. Snohomish County, 97 Wash.2d 804, 650 P.2d 193 (1982). The city responds by citing a number of decisions from other states that allegedly uphold the imposition of impact fees without express statutory enabling legislation. [FNS] FN5. See Associated Home Builders of Greater E. Bay, Inc. v. City of Wahmt Creek. 4 Cal.3d 633, 94 Cal. Rptr. 630, 484 P.2d 606 (1971); Contractors & Builders Ass'n v. City qf Dunedin, 329 So.2d 314 (Fla. 1976); Holmdel Builders Ass'n v. Town, hip of Holmdel, 121 N.J. 550, 583 A.2d 277 (1990); Tidewater Ass'n of Homebuilders, b~c. v. City o~f Vh~inia Beach, 241 Va. 114, 400 S.E.2d 523 (1991). We conclude, however, that'we need not reach the issue of whether impact fees are authorized in Minnesota in order to pass on the vahdity of the road unit connection charge imposed by the city. By definition, an impact fee must be "in an amount which is proportionate to the need for the public facilities generated by new development." Blaesser & Kentopp at 264. In tfiis case, however, the city essentially ignored its own consulting engineers' recommendation that the road unit connection charge be periodically updated to account for changes in costs, revenue *686 projections, or patterns of development. Thus, for the period in question, there is insufficient evidence that the charge was proportionate to the need created by the development upon which the burden of payment fell. Accordingly, we reserve the issue of whether impact fees are authorized under Minnesota law, but reject the city's contention that the road unit connection charge draws its authorization as such a fee. [4] The city's final argument is that the court of appeals erred in concluding that the road unit connection charge is an unlawful tax. [FN6] The city argues that the charge is not a tax and suggests that the charge is author/zed as a regulatory or license fee under its general welfare powers. See Mm. Stat. § 4!2.22!, subd. 32. FN6. The court of appeals did not expressly state that the basis of its opinion was that the charge was an unlawfifl tax. However, the court did state, "A decision of this court upholding a road un/t connection charge would, we believe, directly contravene the Copr. © West 2004 No Claim to Orig. U.S. Govt. Works P. 99 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) Page 6 intent of the legislature in providing specific limitations on the power to tax." CountD? Joe, 548 N.W.2d at 286 (emphasis added). We have consistently rejected the argument that the general police power extends to permit revenue rais~mg measures by municipalities. When it has been apparent that'a city's tree motivation was to raise revenue--and not merely to recover the costs of regulation--we have disregarded the fee label attached by a municipality and held that the charge in question was in fact a tax. See State v. Labo's Direct Sera,., 232 M/nm 175, 182, 44 N.W.2d 823, 827 (1950) (striking down a fee on gasoline pumps as "a tax for the purpose of producing more revenue for the municipality"); Barton v. Ci~ of Minneapolis, 212 Minn. 566, 570, 4 N.W.2d 622, 624 (1942) (invalidating a license fee after concluding that "[w]hat the city council sought to accomplish, and did accomplish, was the enactment of a revenue measure"). The contractors assert that the road unit connection charge cannot fred validity "under the cloak of the city's pohce power" for two reasons: first, there is akeady a separate building permit fee which covers the purely regulatory costs of building permit issuance and enforcement; and second, the plain language of the resolution enacting the charge indicates that it Was enacted "for the purpose of funding oversizing of major streets" as well as to provide "an equitable source of funding" for such development and. was, thus, expressly intended to raise revenue. We agree.. We conclude that 'die charge is a revenue measure, benefiting the public in general, and is not an authorized exercise of the city's police powers. In reaching this conclusion, we find it significant that revenues collected from the road unit connection charge are not earmarked in any way to fund projects necessitated by new development, but instead fund all major street construction, as well as repairs of existing streets. Because it is not a purely regulatory or license fee but instead a revenue measure, the road unit connection charge is a tax which must draw its autho~ation, if at all, from the city's powers of taxation. Accord Easte~z Diverxified, 319 Md. at 54- 55, 570 A.2d a:~ 854-55 (deterxnining that a road improvement impact fee was a tax because "[n]othing * * * suggests that * * * [the] fees are charged solely on the basis of service provided to the property owner, or to defray expenses of the development regulatory process");. Hillis Homes, 97 Wash. 2d at 808, 650 P.2d at 194-95 (holding that park assessments, "although characterized by the Counties as fees * * * are taxes, rather than fees" because the ordinances were designed to raise revenue); Idaho Bldg. Contractors, 126 Idaho at 743, 890 P.2d at 329 (concluding that development impact fee not limited geographically or to improvements to be used solely by those creating the new development was a tax and not a fee); Wielepsk~', 98 Md. App. at 730. 635 A.2d at 47-48. (taking judicial notice of the fact that "improvements to public roads benefit the public in general, not only the bordering property owners" in concluding that fee was an illegal tax). [5][6] The taxing authority afforded municipalities under state law is delineated in Minn.Stat. § 412.251. Although *68TMinn.Stat. § 412.251 specifies that mun/cipalities are author/zed to levy taxes for such far-reaching purposes as "provid[ing] . musical entertainment to the public," "for band purposes," and 'ifor the support of a municipal forest," we conclude there is nothing in the statute suggesting the authority to impose anything similar to a road unit connection charge. See Mm. Stat. § 412.251. Although paragraph 11 ofMinn. Stat.§ 412.251 operates as a catch- all provision, recognizing a city's authority to impose "other special taxes authorized by law," we conclude on the basis of our preceding analysis that the road un/t connection charge is not so "authorized bylaw." Mm. Stat. § 412.251(11). Accordingly, we conclude that the road unit connection charge cannot find validity under the city's power of taxation. [FN7] FN7. Because we conclude that the road unit connection charge is unauthorized under Minnesota law, we need not reach the contractor's argument that the charge is an unconstitutional taking without just compensation. The amicus curiae raises the additional argument that, based on the court of appeals decision in C~_~stal Green v. City o£Crvstal, the contractors waived their right to challenge the road unit connection charge by failing to challenge the charge at an earlier date. See 421 N.W.2d 393 (Minn. App. 1988), pet. for rev. denied (Minn. May 25, !988). However, became this issue was neither reached by the district court nor raised by a party before this court, we likewise decline to address it on review. See Tlmyer v. American Fin. Advisers, Inc., 322 N.W.2d . 599, 604 (Minn,1982) (declining to consider an issue not "considered by the trial court in deciding the matter before it"); State v. Applebaums Copr. © West 2004 No Claim to Orig. U.S. Govt. Works P. 100 560 N.W.2d 681 (Cite as: 560 N.W.2d 681) M/cts., I~zc., 259 M/rm. 209, 216, 106 N.W.2d 896, 901. (1960) (holding that amicus curiae may not raise the issue of the constitutionality of a statute when the issue was not raised by any party to the action). Page 7 AFFIRMED. 560 N.W.2d 681 END OF DOCUMENT Copr. © West 2004 No Claim tn Orig. U.S. Govt. Works P. 101 City of Colttmbia Heights Resolution 2004-28 BEING A RESOLUTION ESTABLISHING AND SETTING RATES ON SANITARY SEWER AND WATER CONNECTION CHARGES IN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating and maintenance costs incurred by City Staffwhen new connections are made to the Pubhc Sanitary Sewer and Water Mains, the following connection charges shall be put into effect as of June 1, 2004 on all new connections made to the public mains, payable at time of building permit, rendered hereafter: 1. Water Connection Charge: $400 per nnit 2. Sewer Connection Charge: $200 per unit BE IT FURTHER RESOLVED that all foregoing rates are made effective June 1st, 2004 in order to meet the expenses and costs to the City of Columbia Heights for these respective services. Passed this 24th day of May, 2004. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor, Juhenne Wyckoff P. 102