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Home My WebLink AboutDecember 13, 2004 RegularCITY 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 ADMINISTRATION Mal~or dulienne ~yckoff Councilmembers. Robert ,4. Williams Bruce Nml,rocM Tammera Ericson Bruce Kelzenberg CitF 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, December 13, 2004 in the City Council Chmnbers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Reverend Bill Hugo, St. Matthew's Lutheran Church 1. CALL TO ORDER/ROLL CALL 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 Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 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 City Council meeting milmtes for the Nov. 22, '04 City Conncil meeting and Dec. 6, Truth in Taxation meeting MOTION: Move to approve the minutes of the November 22, 2004 regular City Council meeting as ~7 presented. MOTION: Move to approve the minutes of the December 6, 2004 Truth in Taxation meeting as p31 presented 2) Accept Boards mad Commissions Meeting Minutes MOTION: Move to accept the December 7, 2004 minutes of the Planning and Zoning Colnmission. 3) Establish Work Session meeting date for Monday, January 3, 2005, beginning at 7:00 p.m. in Conference Room 1. MOTION: Move to establish a Work Session meeting date for Monday, January 3, 2005 begilming at 7:00 p.m. in Conference Room 1. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF' DISABILITY IN EMPLOYMENT OR THE PROVISION OF' SERVICES EQUAL OPPORTUNITY EMPLOYER P39 P40 City Council Agenda December 13, 2004 Page 2 of 6 4) Adopt Resolution No. 2004-85, being a Resolution establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. MOTION: Move to waive the reading of Resolution No. 2004-85, there being ample copies available to the public. P4~ MOTION: Move to adopt Resolution No. 2004-85, being a Resolution establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. 5) Adopt Resolution No. 2004-86, being a Resolution establishing a new maximum income of $24,200 P43 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. MOTION: Move to waive the reading of Resolution No. 2004-86, there being ample copies available to the public. MOTION: Move to adopt ResOlution 2004-86, being a resolution establishing a new maximum income of $24,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. 6) Adopt Resolution 2004-87 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. MOTION: Move to waive the reading of Resolution No. 2004-87, there being ample copies available to the public. P45 MOTION: Move to adopt Resolution 2004-87 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. 7) Approve designation of the Sun Focus News as the official City newspaper for 2005 MOTION: Approve designation of the Sun Focus News as the official City newspaper for 2005 and authorize the Mayor and City Manager to enter into an agreement with the Sun Focus News for required publications. P48 8) Approve application for one-time Gambling Raffle request by Tri-City Hockey Association 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 raffle event to be conducted by the Tri-City Hockey Association on February 11, 2005 at Jolm P. Murzyn Hall, Columbia Heights, Milmesota, and furthermore, that the city of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. P5~ 9) Approve School Liaison Officer Contract with School District #13 for 9/1/2004 to 6/9/2005 P56 10) 11) MOTION: Authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 1, 2004 tb2'ough June 9, 2005. Approve designation of parking in front of 700 39th Avenue MOTION: Move to recommend the City Council designate "no parldng" east of the driveway for 700 39th Avenue, keeping one parldng space west of the entrance walk and two parldng spaces east of the entrance walk; based on a recommendation by the Traffic Commission. P72 Change Order No. 1 for the Zone 7A Street Rehabilitation Proiect P73 Move to authorize Change Order No, 1 for additional work, filter fabric, common excavation, aggregate base material, sidewalk, water main gate valves, catch basins, sanitary sewer service pipe, stop box repair, and sewer and water service laterals to the Zone 7A Street Rehabilitation, City City Council Agenda December 13, 2004 Page 3 of 6 Project No. 0402 to Midwest Asphalt Corporation in the amount of $181,393.30 to be funded out of the PIR Fund, or Assessments ($91,287.65), the Infrastructm'e Fund ($79,973.65), Water Fm~d ($3,290.00), Sewer Fund (454,069.00), and State Aid Maintenance ($2,773.00). 12) Adopt Resolution No. 2004-89, being a resolution ordering the preparation of a report for proposed Zone 7B and Zone lA Street Rehabilitation Program. MOTION: Move to waive the reading of Resolution No. 2004-89, there being ample copies available for the public. P77 MOTION: Move to adopt Resolntion No. 2004-89, being a Resolution ordering the preparation of a report for proposed Zone 7B and Zone lA Street Rehabilitation Program. 13) Establish a Hearing Date of January 10, 2005 for revocation or suspension of rental property license P79 at 4800 4th St., 4205 Jefferson St., 1230-32 Circle Terrace Blvd, 3813-15 Pierce St., 4420-22 Mom'oe St., 4618 Polk St., 1162-64 Cheery Lane, 1401-03 Parkview Lane, 3726 3rd Street MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edgar Letran at 4800 4th Street N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Frank Magadance at 4205 Jefferson Street N.E. MOTION: License to at 1230-32 Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a Operate a Rental Property within the City of Columbia Heights against Jeffrey Ambrose Circle Terrace Blvd N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colm2bia Heights against Shelia Hem'y at 3813-15 Pierce Street N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 tbr Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dtmcan McClellan at 4420-22 Monroe Street N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Khalid Mansour at 4618 Polk Street N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Kathy Crosb¥ at 1162-64 Cheery Ln. N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspensmn of a License to Operate a Rental Property within the City of Columbia Heights against Molly Hobbs at 1401-03 Parkview Lane N.E. MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspensmn of a License to Operate a Rental Property within the City of Columbia Heights against T J2 Properties at 3726 3ra Street N.E. City Council Agenda December 13, 2004 Page 4 of 6 14) Approve items listed for rental housing license applications for December 13, 2004. MOTION: Move to approve the items listed for rental housing license applications for December 13, 2004. P80 15) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for December 13, 2004 as presented, regarding the new licenses for 2005. P82 16) Approve Paymem of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 110714 tN-ough 110965 in the amount of $4,642,137.49. P85 PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1132-1134 40th Avenue MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Myrna Bourcy regarding rental property at 1132-1134 40th Avenue in that the violations on the property have been corrected. P95 B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4935 University Avenue P 96 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Remal License Held by Haji Azam Regarding Rental Property at 4935 University in that the violations on the property have been corrected. c) Public Hearing called for Revocation/Suspension of Rental Housing License at 4927 University Avenue P97 MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Haji Azam regarding rental property at 4927 University in that the violations on the property have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing Revocation at 1308-10 Circle Terrace MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Edward Fragale regarding Rental Property at 1308-10 Circle Terrace Blvd N.E. in that the violations on the property have been corrected. P98 E) Public Hearing - Adopt Huset Park Master Plan MOTION: Move to Adopt Huset Park Master Plan based upon the Master Plan conducted by the consulting firm of BRA and dated December 2004. P99 F) Public Hearing - Adopt Resolution No.2004-83, being a resolution approving Reallocation of CDBG funds from the sale of 4607 Tyler MOTION: Move to close the Public Hearing. P102 MOTION: Move to waive the reading of Resolution 2004-83, there being an mnple amount of copies available to the public. MOTION: Move to Adopt Resolution 2004-83, being a Resolution Authorizing a Reallocation of Community Development Block Grant Funding through Anoka County. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions City Council Agenda December 13, 2004 Page 5 of 6 1) Second reading of Ordinance No. 1478, being an Ordinance changing the street name of Rainer Pass P104 to Rainier Pass MOTION: Move to waive the reading of Ordinance No. 1478, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1478 being an Ordinance changing the street name of Rainer Pass to Rainier Pass. 2) Adopt Resolution No. 2004-92, being a resolution establishing Property Maintenance Inspection p107 Fees MOTION: Move to waive the reading of Resolution No. 2004-92, there being mnple copies available to the public. MOTION: Move to adopt Resolution No. 2004-92 being a Resolution establishing Property Maintenance Inspection Fees. 3) Adopt Resolution No. 2004-84, being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,241,986 and approving the HRA levy of $161,363 MOTION: Move to waive the reading of Resolution No. 2004-84, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,241,986 and approving the HRA levy of $161,363. Alternate Motion: Move to adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,241,986 and approving the HRA levy of $161,366. 4) Adopt Resolution No. 2004-90 being a resolution regarding additional employer contribution to health insurance for 2005. MOTION: Move to waive the reading of Resolution No. 2004-90, there being ample copies available to the public. P127 MOTION: Move to adopt Resolution No. 2004-90, being a resolution regarding additional employer contribution to health insurance for 2005. 5) Adopt Resolution No. 2004-88, being a resolution regarding the City Manager's Compensation MOTION: Move to waive the reading of Resolution No. 2004-88, there being ample copies available to the public. P129 MOTION: Move to adopt Resolution No. 2004-88, being a resolution regarding the City Manager's Compensation. B) Bid Considerations -none C) Other Business 1) Adopt Resolution No. 2004-91, being a Resolution accepting the feasibility report for Huset parkway and ordering the preparation of plans and specifications. MOTION: Move to waive the reading of Resolution No. 2004-91, there being ample copies available to the public. P131 MOTION: Move to adopt Resolution No. 2004-91, being a Resolution accepting the feasibility report for Huset Parkway and ordering the preparation of plans and specifications. City Council Agenda December 13, 2004 Page 6 of 6 2) Authorize engineering final design services for Huset Parkway. P135 MOTION: Move to accept the proposal from SEH for the Huset Parkway Final Design based upon their proposal dated November 30m 2004, in an amount not-to-exceed $222,800; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Suspension of Tobacco License for Oasis Market MOTION: Move to suspend the license to sell Cigarettes/Tobacco products of Twin Cities Avanti Stores LLC dba Oasis Market for a period of__ days. The dates of the suspension will be December ,2004. P144 4) Appeal of decision to deny the 2005 Renewal of Cigarette/Tobacco license for Salem Tobacco MOTION: Move to uphold the decision made on November 22, 2004 to deny the renewal of the Cigarette/Tobacco license for Adel Salem dba Salem Tobacco based on the recOmmendation of the Police Department. P148 5) Appeal of decision to deny the 2005 Renewal of Cigarette/Tobacco License for Jerusalem Card MOTION: Move to approve the 2005 application for a Cigarette/Tobacco License for Ms. Zahira Aquel, dba Jerusalem Card operating at 4921 Central Avenue NE based on the recommendation of the Police Department. P152 6) Discussion of additional citizen appointments to the EDA RECOMMENDATION: Staff recommends the City Council discuss including more appointed citizens, and fewer City Council members as EDA Commissioners. P156 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. Fehst~ ~i~y Manfiger WF/pvnl OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 22, 2004 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 22, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Invocation: Father A1 Baclcmann, hmnaculate Conception Church CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:05 p.m. Present: Mayor Wyckoff, Councihnember Williams, Councihnember Nawrocki, Councihnember Ericson, Councihnember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Wyckoff arlrle, cl Consent Agenda item #!4 - Work session d~e of November 29, 2004. Wyckoff added Items for Consideration item gl - Collateral of Assigmnent Nawrocki requested items #3, #6, and #12 be removed from the consent agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Recognition - Make a Difference Day Projects - Rising to New Heights Ehcson introduced Ted Landwetn', Rising to New Heights, to present awards for the national Make a Difference Day program. Landweln- stated that Make a Difference Day was October 24, 2004 and he introduced the three award winn/ng projects and their participants: Marvin and John Sowada. They grow vegetables and donate them to SACCA. They also contributed $120 toward the purchase of meat projects. Ma'. Sowada asked that in the future those who have received benefits fi'om programs such as SACCA contribute, when they are able, to help others. · Northeast Bank of Columbia Heights employees collected food items for SACCA. · City of Columbia Heights employees, for the second year, put together bh-thday baskets for SACCA. This was organized by Carole Blowers. Each group was presented w/th a certificate and a $30 check. Landwehr indicated that Rising to New Heights would host a Housing Fair on April 3, 2005 at the High School, including breakfast and a video clip from the Heights Theater on the City of Columbia Heights. Wyckoff asked how to become a member of Rising to New Heights. Landwehr indicated all that is necessm3r is an interest in Columbia Heights. The gn'oup meets at the Crest View Boulevard building the first Tuesday of the month. He invited everyone to participate in the Make a Difference Day project next year. Nawrocki questioned how many projects were submitted. Landwehr indicated three projects. CONSENT AGENDA Walt Fehst, City Manager, took the City Council through the Consent Agenda items. 1) Approve Minutes for October 25 and November 8, 2004 regular City Council meeting a) Motion to approve the minutes of the October 25, 2004, regular City Council meeting as presented. b) Motion to approve the minutes of the November 8, 2004, regnlar City Council meeting as presented. P. 7 City Council Minutes November 22, 2004 Page 2 of 24 2) Accept Boards and Cmmnissions Meeting Minutes a) Motion to accept the November 1, 2004 minutes of the Library Board. b) Motion c) Motion d) Motion e) Motion f) Motion g) Motion to accept the November 1, 2004 minutes of the Traffic Co~mnission. to accept the July 29, 2004 special minutes of the EDA. to accept the September 21, 2004 minutes of the EDA. to accept the October 25, 2004 special minutes of the EDA. to accept the September 27, 2004 special minutes of the EDA. to accept the September 15, 2004 special minutes of the EDA. 3) Adopt Resolution No. 2004-80, being a Resolution canceling the Monday, December 27, 2004 regular City Council meeting. Removed 4) Adopt Resolution No. 2004-82, being a Resolution authorizing the sale of $2,000,000 general obligation improvement bonds series 2004A The Mayor announced that the next order of business was consideration of the proposals which had been received for the pm'chase of the City's approxhnately $1,985,000 General Obhgation Tax Increment Reftmding Bonds, Series 2004A. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Official Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached to the Resolution. After dne consideration of the proposals, Member Willimns then introduced the following Resolution and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: Reduced by $15,000 to $1,985,000 Maturities: 2006 maturity reduced $5,000 to $600,000 2007 maturity reduced $5,000 to $610,000 2008 matm'ity reduced $5,000 to $625,000 Minimuln Purchase Price: Reduced to $1,965,150 Shelly Eldfidge, Ehlers and Associates, indicated five bids were received with U~_fited Bm~_kers Ba~k low bid with 2.4752 percent true interest costs. This was a very competitive bid and allows the bond to be lowered by $15,000, with a cash flow savings of $335,000. Eldridge stated the close of the bond sale would be December 16. Columbia Heights received an A1 rating from Moody's Report and noted a sound financial operation with healthy reserves, despite budget deficits due to State Aid cuts. Columbia Heights also has a rapid rate of principal retirement. Motion to waive the reading of Resolution No. 2004-82 there being ample copies available to the public. Motion to adopt Resolution No. 2004-82, being a Resolution authorizing the sale of $2,000,000 general obligation improvement bonds series 2004A. Resolution attached to the end of this document. 5) Approve transfer of funds fi'om the General Fund to the Police Department Budget to Reimburse Overtime Fund Motion to transfer $6,076.75, the total amount received fi'om Unique Thrift Store, hmnaculate Conception Church, Robert Manson, Attorney at Law, Independent School District #13, Columbia Heights High school, and Keith Jolmson for off duty security work and/or testifying in court, fi'om the General Fund to the Police Department 7p~. }4 budget under line #1020, Police Overtime. City Council Minutes November 22, 2004 Page 3 of 24 6) Establish a Public Hearing date of December 13, 2004 - Reallocating of CDBG funds Removed 7) Accept Change Order No. 1 and Final Payment for Miscellaneous Concrete Project #0400 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $8,164.30 with funding out of the appropriate funds. Motion to accept the work for 2004 Miscellaneous Concrete Repairs and Installations, City Project #0400 and authorize final payment of $4,128.00 to Ron Kassa Construction, Inc. of Elko, Milmesota. 8) First reading of Ordinance No. 1478, being an Ordinance changing the street name of Rainer Pass to Rainier Pass Kevin Hanson, Public Works Director, stated this change is by petition request and would con'ect the street name, which was incorrectly recorded at Anoka County. Nawrocki asked how the post office would handle this. Kelzenberg stated they would change their database to allow for either spelling. Nawrocki asked if the Reselwoir Boulevard sign has been con'ected. Hansen stated he believed it was, but would check on it. Motion to waive the reading of Ordinance No. 1478, there being an~ple copies available to the public. Motion to set the second reading of Ordinance No. 1478 being an Ordinance changing the street nmne of Rainer Pass to Rainier Pass for December 13, 2004 at approximately 7:00 p.m. in the Council Chanabers. 9) Approve final paCnent for the Supervisory Control and Data Acquisition (SCADA) System to Instrument Control Systems. Fehst stated this is for when we have an emergency with the pinup or sewage station. Previously the telemetry station would malfunction and we would have to call people out. This will reduce a large amount of overtime. Motion to accept the work fbr the Supervisow Control and Data Acquisition (SCADA) System and to authorize final payment of $2,270 to Instrument Control Systems of Plyanouth, MN. 10) Establish a Heating Date of December 13, 2004 for revocation or suspension of rental property_ license at 1308-10 Circle Terrace Blvd., 1132-1134 40th Avenue and 4927 & 4935 Universi _ty Avenue N.E. -*'-- to $~St~tm~n a r~emmg ~at~ ut $~uc~nto~r l~, zuu'+ for ~' ........ '- or Sus ension of a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale at 1308-10 Circle Terrace Blvd. N.E. Motion to Establish a Hearing Date of December 13, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Myma Bourcy at 1132-1134 40th Avenue N.E. Motion to Establish a Hearing Date of December 13, 2004 for Revocation or Suspension of a License to Operate a Rental Prope~y within the City of Colmnbia Heights against Haft Azam at 4927 & 4935 University Avenue N.E. 11) Approve Rental Housing Licenses Applications P. 9 City Council Minutes November 22, 2004 Page 4 of 24 Motion to approve the items listed for rental housing license applications for November 22, 2004. Nawrocki stated concern expressed by a citizen on egress access to 3808 Reservoir Boulevard and questioned if access is checked prior to licensing. He also referred to the operation of a car cleaning business at this site, which was to have been stopped. Police Chief Tom Johnson stated that we have sited them several times. 12) Approve Business License Applications Removed. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 110578 through 110713 in the amount of $1,005,292.36. Motion by Williams, second by Ericson, to approve the Consent Agenda items, with the exception of items #3, 6, 12, 14. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Item #3 Adopt Resolution No. 2004-80, being a Resolution cancelin~ the Monday, Decelnber 27, 2004 regular City Council meeting. Wyckoffindicated this would allow for only one Council meeting in December. There will be an EDA meeting on December 16. Fehst stated this would be to pledge the increment toward the bond payments. Ericson stated the date was moved because of the holidays. Fehst indicated staff would propose a five minute EDA meeting prior to December 13th for this purpose. Nawrocki stated opposition to canceling the last City Council meeting in December, as it is necessary to complete end of the year business. He expressed concerned that there has not been enough time scheduled to discuss the budget. Fehst listed items for the November 29, 2004 work session agenda as follows: budget, Values First, 2 a.m. bar closing, and water rates for duplexes. Nawrocki stated that Values First was discussed at the last City Council meeting. Line items for each department have not been discussed. Fehst stated that other Councihnembers are not interested in line item discussions and that Values First is a budget discussion item. Barb WmTen of Values First was present at the Council meeting to pass out awards. The Star Bar has requested a 2 a.m. bar closing, which Council asked to discussed at a work session. This could be delayed until January. Duplex discussion would be on licensing and nonconfonrfing use. Nawrocki indicated the work session should be reserved for budget discussion. Fehst indicated the agenda could be cleared. Nawtuum~u:ttcu tJuat tn,~, ~ mira tu t,,~ V mu*~ rn~t program, '---'uut it115 il. lllUl&Ul vi ll. Ucu~, ttl~ ,l~.9,uvu cOuld go toward an additional police officer. Nawrocki asked that individual departments work to lower their budgets as the Council has with their own budget. Fehst indicated that has been attempted by all departments. Fehst stated his reconnnendation to freeze the 2005 and 2006 budgets at the cun'ent level. Nawrocki indicated that the last Monday in December should be cmmnitted to the budget and reiterated he is against canceling the last meeting in December. Fehst indicated the budget would come before the City Council on December 13th. Motion by Ericson, second by Kelzenberg, to waive the reading of ResolUtion No. 2004-80, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 5 Ayes. Motion carried. P. 10 City Council Minutes November 22, 2004 Page 5 of 24 Motion by Ericson, second by Kelzenberg, to adopt Resolution No. 2004-80, being a Resolution canceling the Monday, December 27, 2004 regular City Council meeting. Ericson stated tlzis action is similar to last year, and that Councilmembers can be organized to finish business so that staff and Councilmembers can enjoy the holidays. Nawrocki stated that more time is necessary to discuss the budget. Historically, the last meeting in December has been canceled, but he has been told this meeting is necessary to pay bills. Willim~s questioned when the budget must be finalized. Bill Elrite, Finance Director, indicated the levy must be certified to Anoka County by December 28th. Wyckoff stated that the Truth In Taxation meeting is December 6th. Williams asked if approval on December 27th would be too late. Ericson stated that, if necessary, she would rather meet sooner on a Tuesday or Wednesday. Williams indicated that line item consideration of the Council budget was worth it, and Councihnembers should lead by example. Fehst indicated that Council has a larger contingency fund, and it is up to the Council to indicate service levels. Ericson stated the desire to have all information prepared before the Truth in Taxation hearing. Nawrocki expressed desire for more details. Fehst indicated any further reductions would be personnel and services. Wyckoff stated there was a motion on the floor to hold only one Council meeting in December. Fehst refen'ed to the significant loss of funds, utilizing budget reserves and looking for other revenue sources. Nawrocki stated that residents do not agree with a 20 percent tax increase. Wyckoff stated her opinion that it is hnproper for Councilmembers to make line item cuts, as we do not know how to run these depm-tments. We h/re excellent people who should be allowed to do their job. Wyckoff called for the question. Upon vote: Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 3 Ayes - 2 Nays. Motion carried. RESOLUTION NO. 2004-80 BE.rNG A P~SOLL~!ON Cg2,!.CEL~rNG TH-E C!TY c~v pc~T LrMBL~ HEIGHTS REGUL3~. CITY COUNCIL MEETING OF MONDAY, DECEMBER 27, 2004 WHEREAS: The City of Columbia Heights offices are closed on Thursday, December 23, 2004 and Friday, December 24, 2004, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 27, 2004; NOW, THEREFORE, BE iT RESOLVED, that all interested parties be advised of this change. Item #6 Establish a Public Hearing date of December 13, 2004 - Reallocating of CDBG funds Nawrocki disagreed with demolition of the Burger King property, as we do not know what to do with the property. Motion by Ericson, second by Kelzenberg, to establish a Public Hearing date for December 13, 2004 for the purpose ofreallocating CDBG funds fi'om lb. 11de of 4607 Tyler Street NE for the demolition of the City Council Minutes November 22, 2004 Page 6 of 24 Burger King Restaurant located at 3939 Central Avenue and the MGS Building at 322 40th Avenue NE, Columbia Heights. Upon vote: Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff aye. 3 ayes - 2 nays. Motion carried. Item #12 -Approve Business License Applications Nawrocki stated that he is affiliated with the VFW on the license list and it would be inappropriate for him to vote on this item. Motion by Nawrocki, second by Williams, to approve the items as listed, except the VFW request, on the business license agenda for November 22, 2004 as presented regarding the new licenses for 2004 and the renewals for 2005. Upon vote: Ayes: Wyckoff, Willimns, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Ericson, second by Williams, to approve the VFW license renewal request for 2005. Upon vote: Kelzenberg, aye; Willimns, aye; Ericson, aye; Nawrocld, abstain; Wyckoff, aye. 4 ayes - 1 abstention. Motion carried. #14 November 29 Work Session Wyckoffrecommended the November 29, 2004 work session be for budget review proposes only. Wyckoff indicated her interest to establish a Citizens Academy through the Comanunity Development Department and to continue being active in the con~nunity. She will present the proposal in writing. Motion by Ericson, second by Nawrocki, to establish a work session meeting on November 29, 2004 to discuss budget issues. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Wyckoff requested that Barb Warren be made aware that she does not need to attend this meeting. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Collateral Assi~anent Bruce Nedegaard, Nedegaard Construction, distributed a Collateral Assigmnent of Development Agreement with Co~mnunity National Bank regarding Grand Central Lofts and indicated this request is relative to his obtai~ing a new business partner, Dave Kloeber, Jr., in New Heights LLC. This has been reviewed and approved by the City Attorney. He stated that ICdoeber, Jr. would be the owner and he wumct be the managing partner ~.~u/~u). Ericson stated that tlfis assigmnent acknowledges Nedegaard as the sanae company, with a new partner. Nawrocki questioned if this changes any liability or requh'ements to the developer. Jhn HoeR, City Attorney, indicated it does not; it only brings in a new partner. Hoer reconnnended Council approve the assigmnent and authorize the City Manager and Mayor to execute this document. Motion by Nawrocki, second by Williams, to approve the Collateral Assigmnent as presented and authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: Ayes - Wyckoff, Williams, Nawrocld, Ericson, Kelzenberg. Motion carried. P. 12 City Council Minutes November 22, 2004 Page 7 of 24 2) Adopt Resolution No. 2004-52, being subdivision Request for 1226 43rd Avenue NE Wyckoff stated this was tabled 60 days ago. Pat Smith, City Planner, stated that the applicant, Loft Karnes, was present. The request is for a lot split at 43rd and Pierce Street. The lot next to Pierce Street would contain a single home and the new lot would be considered for a duplex, as allowed in this R2 district. The Planning and Zoning Cmmnission (P&Z) held a public hearing on September 12, 2004 and approved the request, 4 ayes, 1 nay-. Staff recmm2ends approval of the resolution subject to the four conditions which Smith read. Wyckoff asked Hoeft to explain why the City Council's hands are tied on this issue. Hoeft stated that the applicant meets the ordinance and City Code requirements for a lot split. The ability to build on the lot would come with the building pernait review, which does list soil condition requirements. Soil conditions are not a topic relative to a lot split. Wyckoff acknowledged resident complaints of soil conditions and excess size of the proposed house, but stated that requirements have been met and cannot be refused. Hoeft indicated there are other homes in the area on the san~e type of soil. Williams asked if this could be tabled again. Hoeft stated no. Wyckoff read fi'om the Co~maaunity Development Director's lnelno regarding changing the current ordinance to down zone these areas to RI. Legal issues would arise from existing duplexes becoming non-conforn'fing. Wyckoffindicated displeasure with allowing large duplexes in a single family area, but there is no legal recourse for denial. Wyckoff asked Ms. Karnes if she would withdraw her request for the winter. Karnes stated she would not withdraw, as the zoning could be changed in that time period. Kames indicated willingness to discuss sale of the property with the City. Wyckoff questioned possible purchase by the neighbors. Karnes did not feel that was possible. Nawrocki question Smith on maximum lot coverage. Smith indicated 30 percent, for which the planned structure would qualify. Hoeft stated that concern for the structure size is not part of the lot split request. Nawrocki indicated the soil in this area is bad, and other homes have been removed for that reason. Properties have also gone tax delinquent for this reason. Nawrocki stated it would be a mistake not to consider the status of the land prior to a lot split. Kelzenberg agn-eed with Councilmember Nawrocki, but stated that the request is for a lot split, and the Attorney has indicated the request meets the requirements. Ron Reichenberger, 1208 43rd Avenue, stated that at the last Council meeting it was indicated Staff would look into soil related water and sewer problems. Fehst stated this was looked at, but the question was regarding down zoning in the City. Wyckoff questioned drainage fi'om the property. Hoeft stated that new lots are required to have drainage and utility easements. Ericson questioned if the park dedication fee is collected at the time of lot split or building permit. Fehst stated at the time of building permit application. Motion by Ericson, second by Kelzenberg to waive the reading of Resolution No. 2004-52, there being anaple copies available to the public. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Resolution 2004-52, a resolution approving a lot split of the property at 1226 43rd subject to the following conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance: P. 13 City Council Minutes November 22, 2004 Page 8 of 24 1. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 2. The applicant shall pay parkland dedication fees in the amount of $2,195 per lot for each of the two lots newly created lots. This fee is payable at the time of building pern-fit. 3. Should soil conditions on the prope~y warrant, information as to how soil conditions will be corrected shall be submitted to the Building Official along with the building pennit application. 4. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall become invalid if not filed with the Anoka County Recorder within one (1) year of the date of the City Council action. Upon vote: Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 3 ayes - 2 nays. Motion cmried. Wyckoff stated she was against this project, but felt no other recourse than to approve the application. She asked Ms. Km-nes to work with the City, residents, or GMAC regm'ding purchase of the property. Karnes promised to discuss this with Mr. Streetar. RESOLUTION NO. 2004-52 SUBDIVISION REQUEST I, Laurie Kames of LEK Holding Company, hereby request a split of PIN 36 30 24 24 0153 Legally described as: The west 60.00 feet of the North 150.00 feet of Lot 6, and the east 70.00 feet of Lot 7, lying north of the south 165.00 feet; All in Block 3, Reservoir Hills, Anoka County, Mi~mesota. THE DESCRIPTIONS HENCEFORTH TO BE: The west 60.00 feet of the north 150.00 feet of Lot 6, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to easements of record. The east 35.00 feet of Lot 7, Block 3, Reservoir Hills, Ax~oka County, Minnesota, lying north of the south 165.00 feet of said Lot 7. Subject to easements of record. The west 35.00 feet of the east 70.00 feet of Lot 7, Block 3, Reservoir Hills, Anoka County, Mim~esota, lying north of the south 165.00 feet of said Lot 7. Subject to easements of record. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action. 3) Adopt Resolution No. 2004-79, being a resolution regarding the labor agreement between the City of. Columbia Heights and Law Enforcement Labor Se~wices Local 31 !. Linda Magee, Assistant to the City Manager, indicated the Resolution accepts the Arbitrators Award on issues turned over to arbitration. Magee read the ten items resolved by arbitration. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2004-79, there being ample copies available to the public. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2004-79, being a resolution regarding the labor aga'eement between the c~i~,~ of Columbia Heights and Law Enforcement Labor P. 14 City Council Minutes November 22, 2004 Page 9 of 24 Services Local 311. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. RESOLUTION 2004-79 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 3 i 1, representing Police Officers of the City's Police Department, and members of the City' s negotiating team, and said negotiations have resulted in an in, passe between the parties on the following issues as certified by the Bureau of Mediation Services: 1. Wages- Amount of Increase 2004 2. Wages - Amount of Increase 2005 3. Wages - Differential Amount Investigators 4. Wages - Differential Amount School Liaison Officers 5. Wages- Differential Amount Corporals 6. Licensure- Payment of License Fee 7. Insurance- Amount of Employer Contribution 2004 8. Insurance- Amount of Employer Contribution 2005 9. Longevity- Amount of Longevity 2004 10. Longevity- Amount of Longevity 2005 WHEREAS, an arbitrator was selected by the pm'ties to determine such issues; and WHEREAS, the arbitration hearing resulted in the following, effective January 1, 2004, for Law Enforcement Labor Services, Local 311, Police Officers of: 1. Wages - Amount of Increase 2004: 2% (effective July 1, 2004) 2. Wages - Amount of Increase 2005: 2% (effective January 1, 2005) 3. Wages - Differential Amount Investigators: Increased fi-om $11 O/month to $125/month 4. Wages - Differential Amount School Liaison Officers: Increased from $110/month to $125/month 5. Wages - Differential Amount Corporals: Increased from $11 O/month to $125/month 6. Licensure - Payment of License Fee: City shall pay POST licensing fee when due 7. Insurance - Amotmt of Employer Contribution 2004: $535/month (no change from 2003) 8. Insurance- ganount of Employer Contribution 2005: $555/month 9. Longevity- Amount of Longevity 2004: No change 10. Longevity- Amount of Longevity 2005: No change BEIT FURTHER RESOLVED., that the Mayor and City Manager are hereby authorized to enter into a contract with Law Enforcement Labor Services, Local 311, Police Officers, effective January 1, 2004 - December 31, 2005, in accordance with the m'bitrator's award, and such contract is available for inspection at the office of the City Manager. Bid Considerations 1) Adopt Resolution No. 2004-81, being a Resolution for the 2004 Water Tower Fencing and Restoration to reject the bids and re-advertise the project in the first quarter of 2005. ~c~,,~i~, ~4~,,~,, Public Works Director, ~,~a water tower property fence, similar to Jackson pond, was let with the only bid received at 30 percent above the estimate. Hansen requested denial of this bid and permission to re-bid in the spring of 2005. Williams indicated this is the first bid he has ever been asked to reject. Nawrocki stated that Jackson Pond was to have screening, which is still not there. He asked if there would be screening on the water tower fence. Hansen stated there would not be, for security purposes. The intent is to put wood fencing next to the sprint PCS substation for the property owner to the north. The 40 foot wood fence was part of the bid. Hansen stated that the intent at Jackson Pond is to screen with landscaping, which has been planted. Hansen indicated screening is not necessmz¢ on the Quincy Street side. P. 15 City Council Minutes November 22, 2004 Page 10 of 24 Motion by Nawrocki, second by Kelzenberg, to waive the reading of Resolution No. 2004-81, there being ample copies available to the public. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Ericson, to Adopt Resolution No. 2004-81, being a Resolution for the 2004 Water Tower Fencing and Restoration, City Project No. 0307 to reject the bids and authorize re-advertise the project in the first quarter of 2005. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. RESOLUTION NO. 2004-81 BEING A RESOLUTION REJECTING THE BIDS FOR THE 2004 WATER TOWER FENCING AND RESTORATION PROJECT NO. 0307 WttEREAS, the City of Columbia Heights City Council ordered the bidding for the 2004 Water Tower Fencing and Restoration, City Project No. 0307, and WltEREAS, a forn~al bid opening was held on November 3, 2004, at 10:00 a.m., and WHEREAS, a single bid was received, and WlCIEREAS, the lowest bid is 30 percent over the Engineer's Estimate. NOW TIIEREFORE BE IT RESOLVED: The 2004 Water Tower Fencing and Restoration Project No. 0307 bid received November 3, 2004, be rejected and staffbe authorized to re-advert/se the project in the first quarter of 2005. Other Business 1) Renewal of Cigarette/Tobacco Sales License for Salem Tobacco and Jerusalem Caf6 Chief Johnson indicated the background check for Nfl'. Salem and associates at Salem Tobacco indicated no problem, but an article in the October 16, 2004 issue of the Star Tribune found he plead guilt to a bust out scheme. Johnson explained the scheme of mail fraud. Mr. Salem plead guilty in a federal court. Johnson read that pmntion of the City Ordinance which allows denial on this basis. Johnson stated that the license request for Jerusalem Mm-ket lists Mr. Salem as a manager. Kelzenberg questioned if they were also selling tobacco to minors. Johnson stated that was in a previous year. Wyckoff questioned the Jel-usaleln Market license. Johnson stated that the owner could apply if Nfl'. Salem was removed from the position. Motion by Williams, second by Kelzenberg, to deny the 2005 application for a Cigm'ette/Tobacco Sales license for Mr. Adel Salem dba Salem Tobacco operating at 2325 37th Place NE based on the recolmnendation of the Police Department. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Williams~ second by Kelzenberg, to deny the 2005 application for a Cigm'ette/Tobacco Sales License for Ms. Aquel and Mr. Salem dba Jerusalem Caf6 operating at 4921 Central Avenue NETM--*' ................ ~-~" .... ~'" .... ': ............... Up UN~SUU UII Lllt7 IIGL;UIIULIIUIIUi:tLIUII UI LIIU r UII~JU l,/Uplir tlllUllt. 01'1 vote:2-x_yus;& ..... ~*r_.~A, yCKOII," - ~..e ,,-, r',* 'yV illlalTlS~- Nawrocki, Ericson, Kelzenberg. Motion carried. Williams stated this was a sharp catch by the Police Depm-tment. Johnson gave credit to Shelley Hanson, Permit Clerk, as she found the newspaper article. ADMINISTRATIVE REPORTS Report of the City Manager Williams asked if there was a way to relieve neighborhoods of an excess amount of cars. Fehst stated there is an ordinance in Bloolnington that linfits the mnnber of vehicles owned to the number of licensed drivers in the home - plus one, which would not necessarily solve the problem. This can be forwarded to the Planning and Zoning Colmnission. P. 16 City Council Minutes November 22, 2004 Page 11 of 24 Fehst addressed the request for relocation fees on the purchase of the building on 40th Avenue. He indicated that Steve Bubul, Attorney to the EDA, advises that this was not the proper location for a church. Staff believes they may file suit. Nawrocki referred to an agn'eement between the owner and the church group and requested that the matter be reviewed to protect the City. Fehst stated that we took due diligence and that they clearly had an illegal use. Wyckoff stated that they are still in the building. Fehst indicated his oldest son was married this weekend. Nawrocki referred to the width of the new fire vehicle making it difficult to maneuver on some streets with parking allowed on both sides. Fehst stated there are problematic areas such as Circle Terrace m~d Tyler. He stated that residents are not interested in going to an odd/even street parking system. Wing plows also have problems and ding several cars a year. Nawrocki indicated that the current system of no parking in the winter months clears the problems. Fehst stated that residents have been advised of the parking roles for this year. Nawrocki again brought up the need to obtain purchase orders phor to purchases. Fehst stated that a few departments could improve on this. Nawrocki stated that he asked for a monthly update on all costs in the industrial park. Fehst indicated this has been given to the Finance Director. Naxvrocki referred to a request for remaining ChiSstmas decorations to be placed on Fifth Street. Fehst stated that there were no extra decorations. Nawrocki referred to the request brought before the Traffic Colm~aission for a yellow strip in fi'ont of the building at 715 39th Avenue to control traffic. Nawrocki stated that there is an old Quonset building at 683 39th Avenue that is an eyesore and should be cleaned up. Naxvrocki stated there are still cars on the street at the 51st and University car lot. Fehst stated that staff has inet with the gentleman and advised him that he would be sited unless the lot is cleared to the 15 cat's allowed. Nawrocki stated that debris, at 4232 5th Street fi'om the burned garage, needs to be cleaned up. Willimns cmmnented that the Canada goose program was a busy one in 2004, compared to last year. Twelve were trapped for removal. He questioned the dollar amount for each. Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Nawroctu' Noted the passing of Joe Klis, who was active in youth activities and the Boosters. Attended, along with Williams and Kelzenberg, the Neighborhood Block Captain meeting. Okerstrom is revitalizing the progrmn. The Chief spoke on the Civilian Emergency Response Team. 30-35 people attended. If interested, call the Police Department. Attended the Legislative Policies review meeting. Has information on what the League of Minnesota Cities will advocate on our behalf. P. 17 City Council Minutes November 22, 2004 Page 12 of 24 * Referred to quote in the local paper by the Mayor and disagreed. gric$ol~ Women of Today will hold a holiday carnival for children at Murzyn Hall Congratulated the 7th grade boys traveling basketball team for winning their tournament this weekend. Wished everyone a Happy Thanksgiving. Take time to be thm&ful for things in our con~nunity. Williams Excited about revitalizing the Block Captain program. Citizens are the eyes and ears of our city. In two years we will be effective, and in four years very effective. The Citizens Emergency Response Program will also be a good thing. Chief Jolmson stated they are looking.for volunteers, approximately 1,800 people or ten percent of the population to be trained. Officers have been trained to be trainers. , Saturday, November 27th, Gm-y & Jaci Peterson will host a colrmaunity holiday party. ~ Continue to pray for the peace and health of om' citizens. l(elzei.~be~ hnpressed with Johnson and Okerstrom and the Block Captain meeting. Encouraged residents to keep an eye on their neighbor's property. Residents should be aware we are short of police officers. If residents see suspicious activity, call the Police. Mail early! Have a nice Thanksgiving. Wy&off The last Wednesday with the Mayor will be held on December 1 ~t at the Library. The speaker will be Public Works Director Kevin Hanson. There is an opening on the Planning and Zoning Colvanission, the Library Board and Charter Cmrnnission. Don Murzyn Jr., EDA Chairperson, has recolrnnended the EDA, which currently has five council members and two residents, be restructured to two council members and five residents. If interested, contact Bob Streetar. Citizens should say how we want our town developed. · The City Managers budget would be a 14.35 percent increase, but Council vote allows for a 20 percent increase. The manager's recmmnendation would include one police officer, a building inspector, and the rehire of a firefighter. If the levy is passed at 20 percent, we would retain the Special Project Coordinator at full time, hire another police officer, retain the Library smrnner reading program, performers, essential supplies and periodicals. The Library cut is $4,760. Allowing available from the Deputy City Clerk. · Encouraged everyone to attend the budget work session next Monday night. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:40 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 18 City Council Minutes November 22, 2004 Page 13 of 24 Resolution 2004-82 follo~a2s: CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2004-82 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERPa, S 2004A; FLxI~qG T[IlP, II~1?ORIM~.~ 2t~ND SPECLFICAT!ONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the "City Council") of the City of Colmnbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined by the City Council that: (a) the City and the Housing and Redevelopment Authority in and for the City (the "HRA") duly established the Central Business District Revitahzation District (Nos. A3 and C7) and University Avenue Redevelopment Project (No. C8) (collectively, the "TIF Districts") pm'suant to Minnesota Statutes, Sections 469.174 through 469.1799, as mnended, and predecessor statutes (the "TIF Act"); (b) the control, authority and operation of the TIF Districts was transfen-ed from the HRA to the Colmnbia Heights Economic Development Authority, a body corporate and politic and a political Subdivision of the State of Minnesota (the "EDA") by a resolution of the City Council of the City pursuant to Minnesota Statutes, Section 469.094, as amended; (c) the City is authorized by Section 469.178, Subdivision 2, of the Tn~ Act to issue and sell its general obligations to pay all or a portion of the public development and redevelopment costs (the "Costs") related to the District as identified in a redevelopment plan and tax increment financing plan (collectively, the "Plans") for the District; (d) the City is authorized by the TIF Act and Minnesota Statutes, Chapter 475, as amended (collectively, the "Act"), including Section 475.67, Subdivision 3, of the Act, to issne and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resom'ces available for thek payment; (e) Section 475.67, Subdivision 13 of the Act permits the sale of crossover refunding obligations by the City prior to the date on which the obligations to be reftmded may be called for redemption; (f') it is necessary and desirable to reduce debt service costs of the City and therefore the City will issne its General Obligation Tax Increment Reftmding Bonds, Series 2004A ("Bonds"), in the origh~al aggregate principal amount of $1,985,000 to retired the City's outstanding General Obligation Tax Increment Capital Appreciation Bonds of 1990, Series A (the "Prior Bonds"), dated August 23, 1990, the proceeds of which were used by the City to fmance a portion of the cost of a (g) Prior Bonds in the accreted principal amount of $2,724,235.62 are cm'rently outstanding on the 'date hereof and are subject to redemption at the option of the City on September 1, 2005; (h) the Mayor and City Manager are authorized and directed to execute a Tax Increment Pledge Agreement, dated on or after December 1, 2004 (the "Pledge Agreement"), between the City and the EDA in substantially the form on file with the City on the date hereof; and (i) pursuant to the Pledge Agreement, the EDA pledges certain revenues derived fi'om the TIF Districts (the "Pledged Tax increment") to the payment of principal of, prelrdum, if any, and interest on the Bonds, subject to the terms and conditions described in the Pledge Agreement. P. 19 City Council Minutes November 22, 2004 Page 14 of 24 1.02. The proposal of U~tited Bankers' Bank (the "Purchaser") to purchase the Bonds described in the Official Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $1,979,064.85, for Bonds bearing interest as follows: Date of Interest Date of Interest MaturiW Rate Maturity Rate 2006 2.00% 2008 2.50% 2007 2.25% 2009 2.75% Tree interest cost: 2.4755% 1.03. The stun of $0 being the amount proposed by the Ptu:chaser in excess of $1,965,150 will be credited to the Series 2004A Debt Service Fund hereinafter created. Ehlers and Associates, Inc., on behalf of the City Finance Dh'ector of the City, is dh'ected to retain the good faith check of the Purchaser pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are dh'ected to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to the Act in the original aggegate principal amotmt of $1,985,000, originally dated December 16, 2004, in minhnum denominations of $5,000 each or any integral multiple thereof, nnmbered No. R-l, upward, bem4ng interest as above set forth, and which mature serially on September 1 in the years and amounts as set forth below: Date of Principal Date of Principal Maturity Amount Maturity Amotmt 2006 $600,000 2008 $625,000 2007 610,000 2009 150,000 1.05. Optional Redemption. The City may elect on March 1, 2008, and on any day thereafter to prepay Bonds due on or after September 1, 2008. Redemption may be in whole or in part and if in pm-t, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company, New York, New York ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such matm'ity to be redeemed. Prepayments of the Bonds will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered fonn. The interest thereon and, upon sun'ender of each Bond, the principal mnount thereof, is payable by check or ch'aft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of their date of issuance last interest payment date preceding the date of anthentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the ftrst interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on March 1 and September 1 of each year, commencing March !, 2005, to the registered owners of record thereof as of the close of business on the fifteenth (15th) day of the prior month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in wlfich the Registrar provides for the registration of ownership of Bonds m~d the registration of transfers and exchanges of Bonds entitled to be registered, transfen'ed or exchanged. P. 20 City Council Minutes November 22, 2004 Page 15 of 24 Co) Transfer of Bonds. Upon smu'ender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written insh'ument of transfer, ha form satisfactory to the Registrar, drily executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in tlie name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest pa)anent date. (c) Exchange of Bonds. When Bonds are sun'endered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a lilce aggregate principal mnount and matm'ity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds smTendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as dh'ected by the City. (e) hnproper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems hnproper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the pml)ose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the stun or sums so paid. (g) Taxes, Fees and Chm'ges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other govermnental charge requh'ed to be paid with respect to the transfer or exchange. Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, munber, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, u_pon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, sto!e~2 or lost, upon fiiling with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has akeady matured or been called for redemption in accordance with its tenns it is not necessary to issue a new Bond prior to pa~nent. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by fn:st class mai! (postage prepaid) to the registered owner of each Bond to be redeemed at the addi'ess shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failare to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bamk National Association, Saint Paul, Mhmesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another COil)oration, if the resulting corporation is a bank or trust company anthorized by law to conduct such business, the resulting coil)oration is authorized to act as su~ 2-~.or Registrar. The City agrees to pay the reasonable and City Council Minutes November 22, 2004 Page 16 of 24 customary charges of the Registrar for the services perfonr~ed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must dehver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of tiffs Council, the City Finance Dh'ector must transmit to the Registrar money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the dkection of the City Manager and executed on behalf of the City by the signatm'es of the Mayor and the City Manager, provided that those signatures may be printed, engraved or hthographed facsimiles of the originals. If an officer whose signature or a facshnile of whose signature appears on the Bonds ceases to be such officer before the dehvery of a Bond, such signature or facsinfile will nevertheless be vahd and sufficient for all pturposes, the same as if the officer had remained in office until delivel~d. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and dehvered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the pm'chase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Tem!~orarv Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporm-y Bonds in substantially the folm set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of de£mitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the form on the following page. No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND SERIES 2004A Date of Original Issue Interest Rate Maturity Date CUSIP % September 1, 20__ December 16, 2004 Registered Owner: Cede & Co. Principal Amount: Dollars The City of Colmn_bia Heights, a duly organized and existing municipal corporation in Anoka County, Mim~esota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the Principal Amount specified above on the matm'ity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable March 1 and September 1 in each year, commencing March 1, 2005, to the person in whose nmue this Bond is registered at the close of business on the fffieenth (15th) day (whether or not a business day) of the prior month. The interest hereon and, upon presentation and sm-render hereof, the principal hereof are payable in lawful money of the United States of America by check or ch-an by U.S. Bank National Association, Saint Paul, Minnesota, as Bond Regista'ar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby h2'evocably pledged. P. 22 City Council Minutes November 22, 2004 Page 17 of 24 The City may elect on March 1, 2008, and on any day thereafter to prepay Bonds due on or after September 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company, New York, New York ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments of the Bonds will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $1,985,000 all of like original issue date and tenor, except as to number, matm-ity date, redemption privilege, and interest rate, all issued pm'suant to a resolution adopted by the City Cmmcil on November 22, 2004 (the "Resolution"), for the pnrpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pm'suant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 ttu'ough 469.1799, as amended, and Minnesota Statutes, Chapter 475, as amended, and the principal hereof and interest hereon are payable primarily fi'om tax increments resulting fi'om increases in taxable valuation of real property in certain tax increment £mancing dislMcts in the City as set forth in the Resolution to which reference is made for a full statement of 14ghts and powers thereby conferred. The Columbia Heights Economic Development Authority, a body corporate and politic (the "EDA"), has pledged certain tax increments to the City for payment of the principal of and interest due on the Bonds pursuant to the terms of a Tax Increment Pledge Agreement, dated on or after December 1, 2004, by and between the City and the EDA. The full faith and credit of the City are h-revocably pledged for payment of this Bond and the City Com~cil has obligated itself to levy ad valorem taxes on all taxable property in the city in the event of any deficiency of tax increments pledged to the payment of the Bonds, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in minimum denominations of $5,000 or any integral multiple thereof of single matm-ities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon smTender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to rehnbttrsement for any tax, fee or governmental charge requked to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receMng payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrm-y. The City has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1.986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million lhnit allowed by the Code for the calendar year 2004. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home role charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been perfmTned as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any pml~ose or entitled to any sectrrity or benefit under the Resolution until the Certificate of Au. thentication hereon has been executed by t_he Bond Re. gisn_-ar by manual si~mture of one of ks authorized representatives. P. 23 City Council Minutes November 22, 2004 Page 18 of 24 IN WITNESS WHEREOF, the City of Columbia Heights, Auoka County, Minnesota, by its City Council, has caused · this Bond to be executed on its behalf by the facshnile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth. PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of the Registrar December 16, 2004 Cede & Co. Federal ID # 13-2555119 3.02. The City Manager is directed to obtah~ a copy of the proposed approving legal opinion of Keunedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Bonds; Security; Escrow. 4.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds and the Prior Bonds (as deemed in the resolution providing for the issuance and sale of the Bonds), and to provide adequate and specific security for the Purchaser and holders l~om thne to time of the Bonds and Prior Bonds, there is hereby created a special fund to be designated the Tax Increment Refunding Bonds, Series 2004A Debt Service Fund (the "Series 2004A Debt Service Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apmt fi'om all other funds maintained in the official financial records of the City. The Fund will be maintained in the manner herein specified until all of the Prior Bonds have been paid and until all of the Bonds and the interest thereon will have been fully paid. There will be maintained in the Fund two separate accounts, to be designated the Escrow Account and Debt Service Account. (a) Escrow Account. The Escrow Account will be maintained as an Escrow Account (the "Escrow Account") with U.S. Bank National Association in St. Paul, Minnesota, which is a suitable fmancial institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation, whose combined capital and sm-plus is not less than $500,000 and said financial institution is hereby designated escrow agent (the "Escrow Agent") for the Escrow Account. All proceeds of the sale of the Bonds will be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Acco~mt, together with all investment earnings thereon. The Escrow Account will be invested in securities matra'lng or callable at the option of the holder on such dates and bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on each Bond to and including September 1, 2005 (the "Redemption Date"), and to pay when due on the Redemption Date the principal amount of each of the Prior Bonds then outstanding. From the Escrow Account there will be paid (i) all interest paid on, or to be paid on, or to accrue on, the Bonds to and including the Redemption Date, and (ii) the principal of the Prior Bonds due by reason of redemption on the Redemption Date. The Escrow Account will be irrevocably appropriated to the payment of the principal of and interest on the Bonds until the proceeds of the Bonds therein are applied to prepayment of the Prior Bonds. The moneys in the Escrow Account will be used solely for the pm-poses herein set forth and for no other propose, except that any s ~urplus in the Escrow Account may be renfitted to the City, all in accordance with the Escrow Agreement (hereafter deemed) by and between the City and the Escrow Agent. Any moneys remitted to the City upon termination of the Escrow Agreement will be deposited in the Debt Service Accmmt. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there will be credited: (i) any balance remitted to the City upon the termination of the Escrow Agreement; (ii) any balance remahfing on September 2, 2005, in the Debt Service Ftmd created by the City Council resolution authorizing the issuance and sale of the Refunded Bonds (Prior Resolution); (iii) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (iv) all investment earnings on ftmds in the Debt Service Account; (v) after the Redemption Date,ap." 2'"~4'dged Tax Increment received by the City fi'om the EDA City Council Minutes November 22, 2004 Page 19 of 24 pm'suant to the Pledge Agreelnent; (vi) accrued interest (if any) received upon delivery of the Bonds to the extent not requked to fund the Escrow Account; and (vii) any and all other moneys which are properly available and are appropriated by the City Council to the Debt Service Account. The amount of any surplus remainh~g in the Debt Service Account when the Bonds and interest thereon are paid will be used as provided in Section 475.61, Subdivision 4 of the Act. 4.02. Findings. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds will result in a reduction of debt se~Mce cost to the City on the Prior Bonds, such that the present value of such debt service or interest cost savings (the "Reduction") is 8.595% of the debt service on the Prior Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the Bonds, is adequate to authorize the issuance of the Bonds as provided by Minnesota Statutes, Section 475.67, Subdivisions 12 and 13. 4.03. The moneys in the Debt Service Account will be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire lffgher yielding investments or to replace ftmds which were used directly ox' indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To tiffs effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or n4nor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund will not be invested in obligations or deposits issued by, guaranteed by or insm'ed by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 149Co) of the Internal Revenne Code of 1986, as amended (the "Code"). 4.04. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Escrow Accotmt ox' Debt Service Account when a sufficient balance is available therein. 4.05. It is detexmined that estimated collection of Pledged Tax Increment for the pa3m~ent of principal and interest on the Bonds after the Redemption Date will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds matm'ing after the Redemption Date, and that no tax levy is needed at this time. 4.06. Filing. The City Manager is authorized and directed to file a certified copy of this resolntion with the Manager of Prope~.~ Records and Taxation of Anoka County and to obtain the certificate required by Section 475.63 of the Act. 4.07. Prior Resolution Pledges. The pledges and covenants of the City made by the Prior Resolution relating to the tax increments and improvements £manced by the Bonds and the Prior Bonds are restated and confnmaed in all respects. The provisions of the Prior Resolution are hereby supplemented to the extent necessary to give full effect to the provisions of this resolution. Section 5. Reftmding; Findings; Redemption of Refimded Bonds. 5.01. As of the date of delivery of and payment for the Bonds proceeds of the Bonds, in the amount of '~ ~ 9 o t~-~ rr, ...... '~o~ together mtex,,o~ on the Bonds less ,~ec,,oomy ,~xpeno,~o of the ~ $.-,7~ 1,_5 .... plus accrued ' .,~o, ............ , .... m~ce of the with other funds (Funds) in the amount of $765,325.15 are hereby pledged and appropriated and will be deposited in the Escrow Account. P. 25 City Council Minutes November 22, 2004 Page 20 of 24 5.02. It is hereby found and determined that the Proceeds and Funds available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow Account, to pay p~incipal of and interest on the Bonds through the Redemption Date, and to pay at matm'ity or redemption all of the principal of and redemption premitan (if any) on the Refunded Bonds. 5.03. Securities purchased fi'om the monies in the Escrow Account will be limited to securities specified in Section 475.67, Subdivision 8 of the Act. Ehlers & Associates, as agent for the City of Cokunbia Heights is hereby authorized and directed to purchase for and on behalf of the City of Columbia Heights and in its name, appropriate securities to fund the Escrow Account. Upon the issuance and delivery of the Bonds, the securities so purchased will be deposited with the Escrow Agent and held pursuant to the terms of the Escrow Agreement and the Resolution. 5.04. The Refunded Bonds maturing on September 1, 2006 and thereafter will be redeemed and prepaid on the Redemption Date. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as Attachment A which tenris and conditions are hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is authorized and dkected to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. 5.05. Escrow A~reement. On or prior to the delivery of the Refunding Bonds, the Mayor and the City Manager are hereby autho~Szed and directed to execute on behalf of the City an escrow agreement (Escrow Agreement) with the Escrow Agent in substantially the form now on file with the City Manager. Ali essential terms and conditions of the Escrow Agreement including payment by the City of reasonable charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. Section 6 Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to Keunedy& Graven, Chartered, as bond counsel, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affaks of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within theft' knowledge or as sho~m by the books and records in their custody and under thek control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, City Manager and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief It_he Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amotmts payable to Kennedy & Graven, Chartered, as bond counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as dh-ected by the City's fmancial advisor, Ehlers & Associates, Inc. Section 7. Tax Covenants. 7.01. The City covenants and agrees with the holders from thne to time of the Bonds that it will not take or perufit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affmnative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. to est,~b,~n o~,~ lnaintain the exclusion 7.02.~a2r ~ ~ne r-';,,,,~..r wffi comply with requkements necessary under the Code from gross income of the interest on the Bonds under Section 103 of the Code, including without lhuitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2004) exceed the small.l;. 2 6r exception amount of $5,000,000. City Council Minutes November 22, 2004 Page 21 of 24 (b) For pml)oses of qualifying for the small issuer exception to the federal arbita'age rebate requh'ements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) dtrring the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. Fm-the~unore: 0) each of the Prior Bonds was issued as part of an issue which was treated as meeting the rebate requh'ements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (ii) the average lnaturity of the Bonds does not exceed the remaining average maturity of the Prior Bonds; and (ii/) no matm-ity of the Bonds has a maturity date which is later than the date which is 30 years after the date the original bonds were issued. 7.03. The City further covenants not to use the proceeds of the Bonds or to canse or penuit them or any of them to be used, in such a manner as to cause the Bonds to be or become "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. h~ order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) . the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2004 will not exceed $10,000,000; (d) not more than $10,000,000 of obligations issued by the City during calendar year 2004 have been designated for purposes of Section 265(b)(3) of the Code; and the Bonds have a maturity date which is not later th~n the date which is 30 years after the date the original tax-exempt obligation related to the Prior Bonds was issued. 7.05. The City will use its best efforts to comply with any federal procedural requfl'ements which may apply in order to effectuate the designations made by this section. Section 8. Book~Entry System~ Limited Obligation of City. 8.01. Tlie Bonds will be initially issued in the form of a sep~ate single .typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the nan~e of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in tlfis section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the nmne of Cede & Co., as nominee of DTC. 8.02. Witli respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions fi'om time to time for which DTC holds Bonds as securities depository ('~Participants") or to any other person on behalf of which a Pm~icipant holds an interest in the Bonds, inclu~_ng but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownerskip interest in the Bonds, (ii) the delivery to any Pm-ticipant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) tl-i~' ~ ~anent to any Participant or any other person, other than a City Council Minutes November 22, 2004 Page 22 of 24 registered owner of Bonds, of any amount with respect to principal of, premimn, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the pm-pose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the snm or stuns so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a mitten notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and dehvered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Cotmcil, detern~ines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availabihty through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under apphcable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the mauner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a stun sufficient for the payment thereof in full with interest ~aamacl fc~ the. rtnfe, nf.qnah ctana~t Section 10. Coutinuing Disclosm'e. 10.01. In order to qualify the Bonds for limited continning disclosure under paragraph (d)(2) of Securities and Exchange Cmmnission Rules, Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as def'med in paragraph (f') of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof. 10.02. The City hereby covenants and agrees that it will comply with and cawy out all of the provisions of the Continuing Disclosm'e Certificate. Notwithstanding any other provision of this Resolution, failm'e of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeldng mandate or specific performance by com't order, to cause the City to comply with its obligationp. 2 ~er this section. RATING: City Council Minutes November 22, 2004 Page 23 of 24 10.03. "Continuing Disclosure Celtificate" means that certain Continuing Disclosm'e Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from thne to th-ne in accordance with the terms thereof. EXHIBIT A BID TABULATION $2,000,000' General Obligation Tax Increment Refunding Bonds, Series 2004A CITY OF COLUMBIA HEIGHTS, MINNESOTA SALE: November 22, 2004 AWARD: UNITED BANKERS' BANK Moody's Investors Service "Al" BBI: 4.52% gAME OF BIDDER NET TRUE MATURITY RATE REOFFERING PRICE INTEREST INTEREST (September 1) YIELD COST RATE JNITED BANKERS' BANK Bloomington, Minnesota 2006 2.000% 2.000% 2007 2.250% 2.250% 2008 2.500% 2.500% 2009 2.750% 2.750% $1,994,015.00 $141,960.52 YELLS FARGO BROICERAGE SERVICES, ~LC Minneapolis, Mhmesota 2006 2.250% 2007 2.375% 2008 2.450% 2009 2.750% $1,996,776.40 $142,696.85 ~ORTHLAND SECURITIES, INC. Minneapolis, Minnesota ~'RONIN & COMPANY, INC. Minneapolis, Minnesota 2006 2.150% 2007 2.300% 2008 2.700% 2009 2.950% 2006 2.500% 2007 2.500% 2008 3.000% 2009 3.000% $1,994,000.00 $150,443.65 $2,006,062.50 $152,691.67 JMB BANK, N.A. Kansas City, Missouri 2006 2.300% 2007 2.550% 2008 2.700% 2009 2.850% $1,992,220.00 $157,231.77 *Subsequent to bid opening the issue size was decreased to $1,985,000 with the 2006 matm'ity decreased $5,000 to $600,000, the 2007 maturity decreased $5,000 to $610,000, and the 2008 maturity decreased $5,000 to $625,000 in matm-ity value. Adjusted Price - $1,979,064.85 Adjusted Net Interest Cost - $140,971.61 Adjusted TIC - 2.4755% EXItlBIT B NOTICE OF CALL FOR REDEMPTION *2,391~. 3.~90.75 2.4752% 2.4870% 2.6228% 2.6523% 2.7440% City Council Minutes November 22, 2004 Page 24 of 24 GENERAL OBLIGATION TAX INCREMENT CAPITAL APPRECIATION BONDS OF 1990, SERIES A CITY OF COLUMBIA HEIGHTS, ANOICA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Colmnbia Heights, Anoka County, Minnesota, there have been called for redemption and prepayment on SEPTEMI~ER 1, 2005 all outstanding bonds of the City designated as General Obligation Tax Increment Capital Appreciation Bonds of 1990, Series A (the "Bonds"), dated August 23, 1990, having a stated maturity date of September 1, in the years 2006 through 2009, both inclusive, totaling $953,903.45 in principal amount, and with the following CUSIP numbers: Yem of Maturity PrincipalAmount CUSIP 2006 $301,281.60 197684JD6 2007 280,977.20 1976841114 2008 259,780.40 197684JF1 2009 111,864.25 197684 JG9 The bonds are being called at a price of pm' plus accrued interest to September 1, 2005, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present theh' bonds for pa3qnent at the main office of Wells Fargo Bank, National Association, in the City of Minneapolis, Mhmesota (fm-merly lmown as Norwest Bank Minnesota, National Association), on or before September 1, 2005, at the following address: Wells Fargo Bank, National Association Attention: Corporate Trust Operations 255 Second Avenue South Mhmeapolis, MN 55479-0113 hnportant Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with yom' social security number or federal employer identification nmnber, properly certified. ~ais requ/rement is fulfilled by submitting a W-9 Fonn, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP nmnber, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. P. 30 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL TRUTH IN TAXATION HEARING DECEMBER 6, 2004 The following are the minutes for the Troth in Taxation Hearing of the City Comacil held at 7:00 p.m. on Monday, December 6, 2004 in the City' Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Call to Order - Roll Call Mayor Wyckoff called the ineeting to order. Present: Mayor Wyckoff, Councihnember Williams, Councilmember Nawrocld, Cormcihnember Ericson, Councilmember Kelzenberg Pledge of Allegiance - recited Presentation of 2005 Budget and Tax Levy Information Nawrocki stated that department heads have already given their budget presentations and the purpose of this meeting is for the residents to speak. The additional staff presentations should be reduced or eliminated, so the public can ask questions. Wyckoff stated this meeting is to educate the public and that staff presentations would give more information on budget cuts and add backs. Fehst stated the Presentations are at Council's discretion, but with the budget being reduced $2 million from an $8 million dollar budget we need to talk about cuts mad add backs. Walt Fehst, City Manager, budget overview Fehst stated that in September of 2004 he presented the City Cotmcil with a freeze on expenditures for the next two years, and a two percent increase in 2007. This would result in a 2007 budget with an expenditure level less than in 2003. Department Heads were asked to fix on a budget no greater than 2002 and with reductions often percent. He reviewed each budget line item by line item. Fehst stated that this reconnnendation would maintain the same level of smwice, with budgets absorbing cost of living increases. The stated that we did raise back the amomat lost from state aid last year, as did 80 percent of the other cities inthe state. He noted that when we went out for a new bond, the rating indicated that we should have reserves of 50 percent mid we are at about 45 percent. Our reserve funds have to can'y expenses for the first six months of the year, as we do not receive tax funds until the seventh month. He stated that about a year ago we received a commendation from the State Auditor for having adequate fund balances. This budget recommendation would be a three year plan. If the budget is percent next year mid 3 percent the year after that· As an alternative plan, Council could look at raising taxes 9 percent each year for the next three years, using ftmd balances as an offset. Fehst stated that cuts · would include the Comacil budget mad royalty and float reductions, mad add backs would include a 24th police officer, one full time fire fighter, children's programs at the Library, a full time building official, mi upgrade of the City Plamler position, and an increase for fancily health insurance. If requested, in the add back would inclUde keeping the Special Projects Coordinator (SPC) at full time for an additional $20,000. Wyckoff indicated that three Council Members have indicated they want the SPC position to stay full time. Ericson stated that is a consideration, not a final decision. Nawrocki stated that decisions cannot be made at work sessions, mad any changes from the August meeting need to be voted on. Fehst agreed this would still allow reduction of the budget by $150,000. P. 31 City Council Minutes December 6, 2004 Page 2 of 8 Fehst stated that Bill Elrite, Finance Director, would give a power point presentation of the budget. I4Zilliam J. Elrite, Finance Director Elrite stated that handouts to follow along with the presentation were available in the back of the room. This power point presentation is'a visual smmnary of our budget, highlights of past years and how we arrived at the budget presented tonight. explained the power point presentation: Revenue by som'ce - 2005 budget Expenditm'es by functional area Expenditures by classification - 42% is in personnel costs, which lnakes it difficult to make cuts without reducing persomhel. General Fund, Library, and EDA Fund sources of revenue. These are tax supponted funds, with $5,608,626 from the proposed tax levy. This increased significantly because of state aid reductions. General Fund, Library, and EDA Fund expenditures by Classification - 67.54% is personal services. General Fund percent of fund by depmntment - the Police Department is the largest departlnent tax supported at 30.92 percent, next is the Public Works Depm-tment at 24.01 percent. Change in State Aid chart - 2002 adopted budget to the 2005 proposed budget. HACA was received until 2001; tl2'ough the elimination we lost $800,000. In 2003 our State Aid was cut by $696,000; this continued into 2004 with a loss of $352,000 and 2005 a loss of $544,000. The major reason we need a tax increase is to make up for what we have lost in state aid. Proposed property taxes - there was a shortage of $6,146 in 2003. In 2004 xve made up $629,276 auld the proposed 2005 levy would make up $794,726. Where 2004 mhd 2005 property tax dollars go Property tax history fi'om 1997 to 2005 on five selected properties. Explained the shift of taxes and spoke of the bottom line, which indicates one home is taxed less than in 1997 mhd the largest increase from 1997 to 2005 is $310. Also looked at one home in more detail - an average home with a value of $160,000 would have a property tax increase of $123. Cumulative LGA lost - showed reductions since 2003. We will loss $1,931,902 in state aid this year m~d every year there after, which is the dilemma the City has had to face. LGA and Tax Levy History Total Tax supported Budgets-General fund, Library fund, EDA fm~d - shows what the City Manager proposed for budgets projecting out to 2007, which would be a fi'eeze at $8,948,853 for zuuo and With zSIJ~JO~ a tlll'U~ IJUIU,~IIL lll¢l~a~U 111 zLUU/. What $30 a month buys in comparison to City services for that amount. This graphic has been used in the past, and the an~om~t would now be higher. Presentation by staff on department needs Tom Johnson, Chief of Police Jolmson gave the history of personnel reductions in the Police Department and the escalation in the nmnber and severity of crimes the department handles. Programs, such as the rental property owners meetings mhd "Juvenile Safety Net", were discontinued due to lack of available staff. New situations that require additional staff time and resources are: Active Shooter, Road Rage, Meth labs, Significant tltreat, and Homekmd Security. Jolmson indicated the increase in the number of at'rests and a comparison to other metro area cities. A 25th officer would allow the retm'n to a full P. 32 City Council Minutes December 6, 2004 Page 3 of 8 contingent. Even if additional ftmds were approved, it would take up to tl'u-ee months to get an officer on the street. Nawrocki questioned the Clinton Cop pro,-am. Jolmson stated that ended in 2000. Fehst stated that at one point we had 26 officers. Kelzenberg questioned the mnount of time our officers spend at our schools. Jolmson indicated the high school has a 40 hour liaison and there is a joint powers agreement, whereby an additional officer is at the high school and middle school during their respective end of the day. Kelzenberg questioned if the additional officer would alleviate oventime. Jolmson stated that we do everytking we can to avoid overtime, by rearranging hours. This is difficult on the officers, but reduces costs. Jolmson indicated that there is a grant application process for a school officer. Charlie Thompson, Fire Chief and John Larlcin, Firefighter Thompson described the need to fill the full time position that was not filled following the move of a fulltime firefighter to Assistant Chief. He asked Firefighter Jotm Larldn to describe the loss of level of service fi'om this reduction. Lin'kin indicated this position was left in the budget, but was not filled. He expressed concern that the position oftl~e sixth fulltime fn'efighter would be elflTdnated. If this position were cut, it would lower the level of service that residents are accustomed to. Currently, on one shift out of tlu'ee, calls must be answered by one fulltime fn'efighter and one paid on call firefighter. The paid on call do have the stone training, but not near the level of experience. Fire fighter are on duty for 24 hour shifts, answering fire calls, EMS calls, housing maintenance inspections, vehicle maintenance, and training. He indicated the increase of calls from 500 calls in 1971 to 2,082 in 2003. Larldn listed grants and funds that have been raised by the Fire Department to assist with their budget. He reiterated that Council and residents should be aware that if this position is not filled, there will be a lesser level of service. Wyckoff asked Captah~ Larkin to repeat the example given to Council members at the work session. Larldn gave an exmnple that illustrated the need for fulltime firefighters on EMS calls, where more experience makes a difference. Naw2'ocki indicated that in addition to the current five fulltime firefighters, the Chief and Assistant Chief are also trained fulltime firefighters. Ericson stated that this position was budgeted for in this year's budget, but not filled because of the hiring freeze, which was a cost savings. Larkin also noted that the revenue received for services completed for the City of Hilltop have increased from $19,000 to $38,000. A future revenue proposal will be consideration of commercial property inspections. Nawrocki indicated that the position referred to was utilized for one-half of the budget year. Fehst indicated that 15 persomuel have not been replaced, with nine removed permanently. If one police officer, one-half building inspector, and the maintenance person were returned, we would be down 12 people from the budget four years ago. Nawrocki indicated that our populations has also been reduced, and we now pay Anoka County to do assessing, along with upgraded equipment. Fehst agreed productivity is up because of technology. P. 33 City Council Minutes December 6, 2004 Page 4 of 8 Willimr~s stated that we should use our fund balances for one year, rather than increase taxes. Larkin stated that we are asking to fill a position that is cm-rently budgeted. Williams suggested passing costs on to those who use special services. Larkin indicated the large amount of time spent on property re-inspections. Fehst indicated the anticipation of a request to increase re-inspection fees. Fehst indicated that the proposed freeze at the current level would translate to a 15 percent increase in taxes, and would be $250,000 less than the proposed levy passed in September. Add backs could come fi'om fund balances. He also stated that the under spent funds in om' current budget, estimated at $200,000 could be used. Becky Loade~; Library Director and Marsha Tubbs, Children's Librarian Loader gave the statistics of Library usage for Monday, November 2, 2004. She indicated the areas of concern in the 2005 budget are the children's programs, subscription reductions, and scheduled replacement of the automation system. Tubbs indicated the services provided by the library to the public and to the schools. Sulm~ner Reading programs sig~_ficant!y increase reading retenti'on for school children. The 2005 Smmner Reading Program was scheduled to concentrate on the sciences. The other progrmn in jeopardy is "Super Tuesdays" which was attended by 3,112 people last year. Nawrocki questioned the cost differential between being part of the county library system versus keeping our own library. He indicated this is not a popular concept, but must be considered. Nawrocki agree that the Library does perform good services, but we should continually look at more cost effective ways to provide services to residents. Loader stated the city per capita cost is $23.41 versus $21.90 for Anoka County. Wyckoff stated that Anoka County does not want to absorb our library. Loader agreed. Nawa'ocki stated he was not proposing we actually to this; it would have to be a negotiatingprocess. Williams stated though he is appreciative of the Library, he is opposed to adding the $4,000 back into the budget. He felt the fimds should be raised privately through people that care, possibly with a dimmer and silent auction. Loader h~dicated that these are basic services, which must come fi'om the operating budget. Barb Miller, Chairperson of the Library Board, indicated that if taxed on the basis of a cOunty library it would be slightly less, but indicated that we are not paying taxes to build library buildings in the rest of the county. She felt that all taxpayers should pay operating costs of the library, and not by randomly raising money. Miller stated that to move fo~wvard we must tax residents to compete with other cities. She indicated that her taxes have gone down for the last four years and her property value has gone up. Walt Fehst, City. manager Budget Presentation Summation Fehst stated that the 15 percent tax levy would translate to a 20 percent tax increase. Budget add backs could come from fund balances. Public Co~mnents Wyckoff stated that employees who are residents also have the right to speak on this topic. Harold Hoium, 4321 5th Street, referred to waste of funds, the City Manager's salary, employee's responsibility to their employer - the residents, indication that ordinances are not being enforced, disapproval of the City Attorney, and requested all Councilmembers tender their resignation. P. 34 City Council Minutes December 6, 2004 Page 5 of 8 Aurora Johnston, 3977 Polk Street, indicated disappointment in the cut of recreation funds and the recreational coordinator position. She stated that the Recreation budget includes programs, but also Mm'zyn Hall. Grants m'e obtained to assist this budget. She also disagreed with reductions to the children's library programs, and indicated the need for police services. Johnston suggested hiring a consultant to see if the budget has areas that can be reduced. She felt there is nothing more to cut and our City is suffering. If there are residents on severely fixed incomes, offer them a rebate. Fehst stated that add backs include one full time coordinator. Johnston stated that she volmateers whenever possible, but they are very short handed. Jolm Sarkinen, 4446 Arthur Street, questioned if the children that use the Library programs are the children that really need it. The Library should coordinate with the schools to draw in these students. He stated that budget nmaabers are misleading with an eight percent loss of state aid, but a 21 percent tax increase, being $80 a month for him. Elrite stated that Mimaesota has a complicated tax system and explained the percentage difference between what we pass mad what the Cotmty assesses. Sarldnen stated that the Tribune shows Colma~bia Heights at the top for taxes paid. Elrite explained the large amount of Our b,,ctgat that was state aid mad with this loss we are among the largest losers. Fehst referred to the past overtax burden to commercial property, which has now been reduced and shifted to resideutial, and that the State has picked up more school ftmding. By the end of 2006 we will have lost $2 million from and $8.5 million budget. Tlfis will affect the level of service residents are used to. 47 percent of the general ftmd is Police and Fire. Fehst indicated that funds could come from our fund balance, thi'ough raising more revelme in housing and commercial inspections, or consideration of fi'anchise fees. Williams stated to Ms. Joltnston that Cottncil reduced their $55,000 budget by $19~000. Wyckoff stated that the reduction was for travel that was not being used. Nawrocki stated that he suggested the Manager go tl~rough every budget and make reductions like this. He suggested cutting all national organization participation for Council and all departments. Nava'ocld indicated that this budget does _n_ot include the HR_A budget; utility fees wi!! increase about ten percent a year, and street assessments continue yearly. Nawrocld reviewed the refuse contract process, and stated that homeowner rates should be reduced. Fehst indicated that negotiations with refuse haulers resulted in a savings of $230,000. Wyckoff indicated that Jean Kuehn was the employee to negotiate the contract and she is one of the employees considered for reduction. Bruce Nedegaard, 402 Stinson Boulevard, asked for support to reinstate a full time building official, because of the two large housing projects that will take place in the near futm'e ha Columbia Heights. He indicated delays in plan and inspection approvals are very costly to the developers. Fehst stated that if tt~ the budget is approved on December 13 , we are prepared to hire a building official at that time. Ericson stated that if we want to attract quality development we must have qualified staff. JetTy Foss, 4412 2',d Street, Park and Recreation Conmlissioner, stated the Park Department is short two employees and residents are being asked to volm~teer their time, meanwhile programs are suffering. He indicated he would support a 15 percent tax increase to maintain recreation services and have our Police Department back to full force. Foss stated that Columbia Heights has the best rescue service in the area. Foss requested that Cotmcii do their best to save what resources mad programs we have. Dorinda Edlund, 4145 Jefferson, Ambassador Prograln, requested reconsideration of budget cuts to the Ambassador Program. Wyckoff stated the consideration was a $3,000 budget for the progrmn and P. 35 City Council Minutes December 6, 2004 Page 6 of 8 $1,000 for the float. Edlund stated the cost to store the float is over $2,760. Wyckoff indicated that the Council has not received clear booldceeping records from the program. Edlund asked if she could store the float somewhere other than the Public Works garage. Staff indicated she could. Edlund listed program and reception costs tl~roughout the year. She requested that funds not be cut from the Junior Ambassador progrmn. Fehst questioned fund raising activities for the program. Edltmd stated they do some fzmdraising, but would not be able to support the progrmn. She stated this program maintains the good will mxabassadors for our city. Gary Mayer, 2115 Highlmhd Place, stated that his children benefited from our Recreation progn'an~s in the 1990's and his desire to see the programs continue. He also stated that he has had to call 911 several times over the last few years, and higkly values our emergency response tean~s. Dan O'Brien, 4101 Reservoir Boulevard, stated strong feels for the need to fill the two police and one firefighter positions, as these are essential services. He indicated that even with the loss of LGA, residents want the same services. Residents must step up to the plate to also save the Library and Recreation programs. It is also very important for the City of have a fulltime Building Official. Residents want a good city and it is time to start paying for it. Understanding the financial burden on the City, he stated that he would agree to more than a 15 percent tax increase. Gregory Sloat, 47731 6th Street, referred to a chart fi'om the Cormty indicating his taxes have increased 55 percent in five years. He indicated he has never had a cost of living increase. All he wants is Police/ Fire protection and clean streets. He stated that raising taxes would lower his standard of living. Sloat requested that his taxes not be increased. Kay Mayer, 2115 Highland Place, stressed the urgency to replace our Police and Fh'efighters, to feel safe in our con'nr~unity. She listed personal experience with the need for these services mhd her faith in our response teams. She spoke of two other neighbors that requested she pass along the sanhe sediments. Williams stated that we need to revitalize the Neighborhood Watch Progranh. Lee Stauch, 1155 Khyber Lane, questioned liquor sales and if operating expenses justify keeping the stores. Elrite indicated the revenue benefits. Stauch questioned where the fmhds for the purchase of the Burger King property came from and the amom~t of money tied up in these investments. Fehst stated they were bon'owed fl'om the City. Fehst indicated that the property at 40th and University is being purchased with Community Development Block Grant (CDBG) funds - not city tax money. Stauch questioned demolition costs. Wyckoff indicated that is grant money. Ericson stated that we are lucky to receive the funds mhd if we did not use it, some other city would. Fehst stated that.CDBG funds can be used tbr blight control. Navcrocki stated that $75,000 tbr the University property and Burger King funds are from the City mhd will be paid back with interest. Fehst referred to City goals to improve housing and rehabilitate our ilLfrastructure. John Sarkinen questioned what developers are charged. Fehst stated Park Dedication fees are $750 per unit. Peter Kocur, 1221 42nd Average, stated a tax increase may make it impossible for him to stay in his home. He indicated his property value increased $25,000 in one year. Fehst indicated it is possible to bon'ow against the equity in a home and that interest rates are very low. Fehst stated that questions regarding property values could be answered by Anoka County. Wyckoff indicated that the Tribm~e shows Columbia Heights has the lowest market values of all communities, other than St. Paul. Naw2'ocki stated that Columbia Heights values are not Iow. P. 36 City Council Minutes December 6, 2004 Page 7 of 8 Gary Gorman, 5010 Johnson Street, stated that we all have problems with bills, but it comes down to quality of life. Amenities in Columbia Heights have gone away, such as warming houses and skating rinks. He stated that this connnunity is stuck in the 1970's and 1980's. Residents need to put their own money into their con'maunity to move it forward. Coltm~bia Heights is a first ring suburb next to a major metropolitan cmmnunity. The need for Police and Fire services has increased dran~atically. Our housing stock is deteriorating, and more properties have turned into rental property this year than the total in the last six or seven years. Fmnilies with disposable income are moving to the subm'bs where they have fancy amenities. Gorman stated that we need a Council that looks to the future, and does not sit and count paper clips. We need a vision and to join the new centm'y. The reason a city our size has such a large munber of medical and police calls relate to the type of people that are drawn here. He stated that Council can get rid of employees and programs, but the needs will still be there and won't go away. Gorman stated that his city tax portiOn is very little, compared to other communities, for what we get in service. We are in this fix because of the State, but should have had the vision ten years ago and raised taxes then. Kelzenberg agreed with Mr. Gorman. Ted Lal~dwelm', 4034 7th Street, agreed with the need for more Police and Firefighters, but we need to cut m~y fat fi'om the budget. Pm-ticipants should pay fees to support their progrmus. He requested that Council use fund balances rather than approve a double digit tax increase. Joyce Meier stated she has done a lot to improve her property, and indicated that we have too much govermuent and not enough conmaunications. She supports continuing the Values First Program. Meier refen'ed to a problem she had with sewer repair and a document that disappeared from om' library. Police Captain Bill Roddy, 4025 Washington Street, adch-essed the Council as a resident. He spoke of the street renovation in front of his home and the hnprovement to the neighborhood's quality of life and water. Roddy asked consideration for employee morale and the worldoad the current employees are faced with. He stated that employees are burdened more now than he has ever seen in his career, which affects the quality of service of the employee. Roddy applaud steps taken for renovation, and gave his hope that the City continue to improve. City Council comments Nawrocld disagreed with conm~ents in the Truth in Taxation booldet. He referred to the yearly tax increases, the increase in utility rates, and the cost of street assessments. Goverm2ent mandates continue unrelated to the different abilities of colm-nunities to pay, relative to income. Federal and State programs are being cut. Nava'ocki stated that we have put a lot of money into our cormnunity, the business district and housing of Coltm~bia Heights. This is a gu'eat place to live and raise yom' kids and continues to make improvements each year. He stated it was wrong for empioyees to bad mouth the city. We have to learn to live within our means. We need to look at each budget with the san~e hard look and cuts that Cotmcil made to their budget. Skating rinks have been cut because there are less people using the facilities. We are not the lowest taxed community and the information is presented incorrectly compared to tax rates, where we are on the high side. Our own City departments do not want to pay their own assessments, but expect residents to pay it. Nawrocki indicated his involvement in the new refuse contract. Our refuse service is second to none. It is no fun to look at ways to provide good service, and we have good People, by in large, to provide those services. Nawrocki stated he would have a lot of recommendations at the next City Cotmcil meeting for budget cuts, but indicated that the scheduled Huset Park Public Hearing should be given extra time. Ericson stated she did not hear anyone bad mouthing the city, only speaking passionately on their point of view. She stated her appreciation to those who gave their perspective, whether she agrees or not. Our P. 37 City Council Minutes December 6, 2004 Page 8 of 8 community is diverse; and some thi~tk we only need basic services, and others that we need to do more for the youth. It is the City Council's job to make the decisions to lead our City into the future. Ericson stated that she does not want to discourage residents from sharing their passion and concerns. She stated that Cotmcil has spent a lot of time going over the budget, and listening to resident tonight. Ericson stated the importance of adch'essing the needs of those on limited incomes and those who want lnore for their children. The decision will not be made lightly. Willimns stated that Columbia Heights is a great place to live and work and he is happy to be here. During the last four to five years the City has moved forward. We have a lot of homes coming on the Inarket. Today there was a ribbon cutting on 37th Avenue for a furniture distributor. We have positive things going on in our town. He stated that it is difficult to weigh the issues, and does not want to drive people fi'om om' town. We need citizens that are balanced and care about our city. We need to be more creative and find ways to increase revenue. Williams encouraged everyone to keep moving forward. Kelzenberg reiterated what Ericson stated. It is not easy to raise taxes, but does not feel tlzis is urn'easonable. He stated that he continues to hear that we are cutting fi'om the children's needs and that people should step forward to pay for use. Kelzenberg stated that parents already pay a substantial amotmt for their children to be in programs and volunteer 25 hours of service. He stated that proposing a nine percent increase for three years ends up the same as the 15 percent increase next year, seven percent the following year and 5 percent thC third year, at 27 percent. The 15 percent would keep our cash reserves and keep us in a better place. Kelzenberg referred to suggesting the sale of Parkview Villa to save the City $600,000 and Councilmember Nawrocld's statmch refusal. Wyckoff stated that 17 people spoke torfight, and in her six years she has never see that many people participate. She indicated that when the property tax statements came out she did not receive one complaint. Wyckoff applauded Gary Gorman and agreed that tlzings should have been done ten years ago to remove blight. We can let properties stand empty or let them be pm'chased by undesirable businesses, or step in and do what we want to improve the City. We have 600 townhomes plam~ed for the industrial area and many more for the Kmart site, and questioned what anaenities we have to attract them. We have a Library where you use the basement, and no gym space. New Brighton is spending $30 million dollars on a project they started 20 years ago. What were we doing al! tb5s time? She stated that the only people moving to Columbia.Heights are those who just want a good deal. Wyckoff expressed disappointment about any discussion to lay off employees. Our Special Project Coordinator has a very important job and answers many resident's questions. Adiom'nment Mayor Wyckoff adjourned the meeting at 10:55 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 38 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING DECEMBER 7, 2004 7:00 PM The meeting was called to order 'at 7:00 pm. Roll Call: Present: Baker, Schmitt, and Szurek. Absent: Pete?son and Fiorendino Also present were Pat Smith (City Planner) and Tarni Ericson (Council Liaison). Plamner Smith was named Secretary Pro-tern for the meeting. The minutes from the meeting of November 3, 2004 were approved as written. All ayes. PUBLIC HEAPdNGS None NEW BUSINESS Commission members informally discussed some of the issues they would like to address as an advisory board to the Council. The following items were listed: · Szurek would like to discuss monitoring programs for dilapidated single-family homes. She would like guidance on what the Planning Commission can do about the issue. Szurek referenced an article in the Star Tribune about the City of St. Paul being more aggressive with single-family homes that do not meet their maintenance code. · The Commission also expr. essed concern about single-family homes turning into rental homes. · Szurek used the townhom.es on 41~t and Central as an example of new townhomes becoming dilapidated in a short period. · The Commission asked if there were ways of reducing rental housing? The Commission agreed to have trai~6ng sessions after the regularly scheduled Plamfing Commission meetings. They would be available to meet until 9:30 pm · Schmitt mentioned she would hke to discuss the City Council/Planning Commission/staff relationship. The Commission would like to have a joint meeting with a Plmming Commission fi:om a similar city like Fridley, St. Anthony or Richfield. The meeting was adjourned about 8:00 pm. Respectfully submitted, Pat Smith P. 39 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Consent ORiGiNATiNG DEPARTMENT: CiTY IV'LANAGER'S NO: 5-A~3 CITY MANAGER' S APPROVAL ITEM: Establish Work Session Meeting BY: Walter R. Fehst Date for Jm~um3~ 3, 2005 DATE: December 7, 2004 NO: DATE: It is recom~mended that a Work Session meeting date be scheduled for Monday, JmmmCr 3, 2005 beginning at 7:00 p.m. h~ Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, January 3, 2005 begim~ing at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: P. 40 CITY COUNCIL LETTER MEETING OF: December 13, 2004 AGENDA SECTION: CONSENT ORiGINATIN'G DEPT: CITY MANAGER NO: 5'./{ LI FINANCE APPROVAL =SOLUT O GUIDELINES,, . NO: DATE: DECEMBER 2, 2004 hmome eligibility guidelines for senior citizen utility rates are established on an almual basis. The 2004 mmxirnum income ehgibi!ity level ,,vas set at $22,800. Attached is a resolution establishing the year 2005 maxinmm income eligibility level at $24,200 to receive reduced senior citizen rates in the year 2005. The £ormula used is the maximum Social Security benefits for an individual at full retirement age, plus 4% rounded to the next even $100 increment. For the year 2005, the maximmu Social Security benefit for an individual at full retirement age is $23,268. The 4% adjustment to this figure in the City's eligibility level allows for $932 in other income. The City Council can set any fornmla or amount for inconqe eligibility. The formula used here and in the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2004-85 being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. JK:sms 0412021 COUNC1L COUNCIL ACTION: P. 41 RESOLUTION NO. 2004 - 85 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES GItILelI5 WHEREAS, the City '~ ..... " - :o" ~ouucn has previously established eh~,mmty standards for senior ~'" for Refuse Service, Disposal, and Water Supply; m~d WHEREAS, It has been the City's practice to mah~tain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age wifl~ a maximum household income of $24,200 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2005. Passed this Offered by: Seconded by: Roll Call: __ day of ., 2004 Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk 0412021 COUNCIL P. 42 CITY COUNCIL LETTER Meeth~g of: 12/13/04 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ITEM: P,_ESOLUTION ESTABLISHING SENIOR BY: K. Hansen_~r~ BY: CITIZENS OR RETYRED & DISABLED PERSON DATE: 12/7/0(g__~- --- DATE: HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $24,200, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $22,800. Reconunended Motion: Move to waive the reading of Resolution No. 2004-86, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2004-86 being a resolution establishing a new maximum income of $24,200 for Senior or Reth'ed and Disabled Persons to be eligible for special assessment deferral. rd-~.'jb COUNCIL ACTION: P. 43 RESOLUTION NO. 2004-86 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEP~AS, inm~ediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to nmke payments, and Whereas, Mhmesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determhfing the existence of a hardship and for detem~ining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU~ICIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessmems which are payable in five or more annual instalhnents. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled apphcant. Ownership and occupancy mnst be the same nature as would qualify the applicant for a homestead exemption for tax purposes. This defe~Tal procedure shall apply only to homestead property owned by a person 65 years of age or older or reth-ed by vhtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social secmSty pm-poses. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and grfidelines herein so long as determination is made in a nondiscriminatory manner and does not give the apphcant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. ff for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Clerk within thh-ty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become irmnediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources/n excess of $24,200. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Commil in its resolution adopting the assessment roll, and such interest shall be added to the amount defelTed and shall be paid in accordance with Mhmesota Statute 435.195 and this Resolntion. Passed this 13th day of December, 2004. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor, Jnlienne Wyckoff P. 44 CITY COUNCIL LETTER MEETING OF: DECEMBER 13, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DESIGNATING DEPOSITORIES FORFuNDS OF THE CITY OF BY: WILLIAM ELRITE BY:~/_~?/~/~, ..~¢,,¢~.' ,~ COLUMBIA HEIGHTS DATE: DECEMBER 3, 2004 Each year the council passes a resolution designating depositories for city funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the city must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to city safe deposit boxes. Although the r- ,,,,o o;,-,,- · _, ,~., m,.,j._,, banking transactions are conducted through Northeast Bank, the City of Columbia Heights does maintain an account at Wells Fargo Bank of Minnesota, N.A. in Minneapolis. This account is used strictly for processing payroll transactions and ACH payments. It is staff's recommendation that we maintain this relationship with Wells Fargo as they provide a very reliable, efficient, and cost-effective solution for our electronic banking needs, and that we continue to maintain all of our general checking and other banking needs with Northeast Bank in Columbia Heights. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-87 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-87 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. WE:sms 0412032COUNCIL Attachment COUNCIL ACTION: P. 45 RESOLUTION NO. 2004- 87 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories Of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. P. 46 BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Information Systems Director Information Systems Technician PasSed this Offered by: Seconded by: Roll Call: __day of ,2004 MayorJulienneWyckoff Patricia Muscovitz, Deputy City Clerk 0412032COUNCIL P. 47 CITY COUNCIL LETTER MEETING OF: December 13, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~- ,fl[ --/ FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: WILL'.IA~ITE BY: ,,/) NEWSPAPER FOR 2005 DATE: DECEMBER 3, 2004 NO: Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published on a minimum of a weeldy basis. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Sun Focus News and the Star Tribune. Based on rates charged to commercial customers, Sun Focus News is the least expensive alternative. The Star Tribune's 2005 rate will be $4.50 per line for legal notices. The following is a comparison of the 2004 rates to the 2005 rates for the Sun Focus News: One Colunm Width: Per hne, first insertion 0.99 0.99 ($9.90 per inch) Per line, subsequent insertion 0.55 0.55 ($ 5.50 per inch) Two Colunm Width: Per line, fh'st insertion 1.98 1.98 ($19.80 per inch) Per hne, subsequent insertion 1.10 1.10 ($11.00 per inch) The Snn Focus News has not increased their rates for 2005. RECOMMENDED MOTION: Move to designate Sun Focus News as the official City newspaper for 2005 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required pubhcations. WE:sms 0412031 COUNCIL COUNCIL ACTION: P. 48 November 15, 2004 ,.,,,y of Columbia Heights City Council 590 40th Avenue NE Columbia Heights, MN 55421 Dear City Council Members: The Sun-Focus would like to be considered for designation as the legal newspaper for the City of Columbia Heights for the year 2005. 'Ali"-"- pUull~luu legal notioes are posted on our weDsite ' .......... ~ ......~ ....... This is an enhancement to the local news coverage alreadY available on the lnternet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Focus is our home delivew. Sun Newspapers has become the primaw source of community news in the suburbs. Your notices in our paper have .the best chance of being~seen and read. Despite risin~' Costs of operating our newspapers, there will be no rate increase during the calendar year 2005. Our legal prices will remain the same. The rate structure for legals effective January 1, 2005 will be: I column width: ' $ .99 per line - per insertion ($9.90 per col. inch) $ .55 per line - subsequent insertions ($5.50 per col. inch) There are 10 lines per inch Our columns are 1.1picas 10 points wide Two notarized.affidavitS.pn each of your publications will be provided with no additional charge. The deadline for regular.length n0tides is 11:00 a.m. the .Monday prior to publication. E-mailing the legal .nOtices. is..~n, efficient: ~d. acqurate way of'.ge~ing the notices to 'US. The e-mail address for the legal department iS legal'~-n~un:.comr.we still accept notices on disk, faxed or through the mail. If you require more information to-make your decision, please contact me or Mary Ann Carlson, our Leg~! Representative, at 952-392-6829. Thank you for considering the Sun-Focus as the official newspaper for your community. . SinCerely, Jeffrey Coolman 10917 V~L~¥ Vmw Ro~ 0 ED~2¢ PRiming' O M2~p. 4 9;A .55344 O .952-829-0797 0 Fax: 952-941-3588 Sun. Sailor Thursday 62,620 A1 ExcelsiodShorewood/Chanhassen 6,037 ES-1 55331 4,372 CH-1 55317 1,665 Wayzata/Orono/Plymouth/Long Lake 22,873 WY-1 55356 1,873 WY-2 55323, 55361, 55384, 55391, 55392 3,150 PLY-1 55442 4,076 PLY-2 55441 2,380 PLY-3 55446 3,214 PLY-4 55447 6,165 PLY~5 55441 2,015 A3 St. Louis Park 12,846 SLP-1 55426 2,786 SLP-2 55426 4,730 SLP-3 55416 2,815 SLP-4 55416 2,515 A4 West Minnetonka/Deept~aven 6,407 MW-1 55345 1,832 MW-2 55345 2,605 MW-5 55391 1,970 A5 East Minnetonka/Hopkins 14,457 ME-1 55305 1,360 ME-2 55305 1,433 ME-3 ' 55305, 55345 1,965 ME-4 55305 765 ME-5 55343 2,130 ME-6 55345 1,950 H-1 55343 4,854 Sun. Current South Thursday 84,551 C1 S. & W. St. Paul/Inver Grove Hts/Mendota Hts 24,083 SSP-1 5~075 6,976 WSP-1 55118 6,017 · IGH-'J 55076, 55077 7,555 MH-1 55118, 55120, 55150 3,535 · C2 Apple Valley/Rosemount/Eagan 31,479 AV-1 55~124 6,839 AV-2 55124 5,000 RM-1 55068 3,000 EG-1 55121 1,465 EG-2 55122 5,180 EG-3 55122, 55123 5,440 EG-4 55123 4,555 C3 Bu rnsville/Savage/Lakeville 28,989 BV-1 55337 3,283 BV-2 55337 7,330 BV-3 553061 55337 5,100 SV-1 55378 3,560 LV-1 55044 6,066 LV-2 55044 3,650 Stiiiwater Valley Life Wednesday S1 Minnesota Stillwater area MN-1 55082 MN-2 55082 MN-3 55047 MN-4 55O38 MN-5 55042 MN-6 55O43 MN-7 55001 Mail Wisconsin Stillwater area Wi-1 54082 WI-2 54025 WI~3 54017 20,600 16,747 6,020 5,145 835 425 2,106 1,181 425 610 3,853 350 1,330 2,173 S~e Zone Map on Disl~lay=~Rate Card. Circulation as of March 2004. 547186 SumCurrent Central D1 Edina ED-1 55436 ED-2 55424, 55410 ED-3 55439 ED-4 55435 Thursday 68,233 16,831 5,301 4,880 3,060 3,590 D2 Richfield RF-1 55423 RF-2 55423 RF-3 55423 10,352 3,277 3,465 3,610 D3 Bloomington BL-1 55438 BL~2 55437 BL-3 55431 BL-4 55425/55420 BL-5 55420/55425 BL-6 55437 BL-7 55431 28,207 4,672 2,780 .2,980 5,085 5,000 3,850 3,840 D4 Eden Prairie EP-1 55346 EP-2 55344 EP-3 55347 EP-4 55347 12,843 4,698 1 ;575 3,670 2,900 Sun,Post Thursday P1 Brooklyn CentedBrooklyn Park BO-1 55429 BC-2 55430 BP-1 55445 BP-2 55443 BP-3 55444 BP-4 55428, 55429 49,979 26,661 4,121 3,200 2,840 7,025 5,125 4,350 P2 Robbihsdale/Crystal/New Hope/Golden Valley RO-1 55422 CR-1 55427 CR-2 55428 CR-3 55422 CR-4 55429 NH-1 55427 NH-2 55428 GV-1 55426, 55427 GV-2 55416, 55422 23,318 4,676 1,805 2,050 1,630 1,075 2,612 3,090 3,130 3,250 Sun-Focus F1 Blaine/Spring Lake Park FBL-1 55434 FBL-2 55434 FBL-3 55434, 55449 FSLP-1 55432 Thursday 54,253 16,905 4,405 4,585 5,858 2,057 F2 Columbia Heights/Fridley FCH-1 55421 FOH-2 55421 FFR-1 55421 FFR-2 55432 FFR-3 55432 19,253 4,858 3,950 1,586 4,429 4,430 F3 Mounds View/New Brighton/St. Anthony 15,595 FMV-1 55112 2,380 FMV-2 55112 2,375 FNB-1 55112 3,175 FNB-2 55112 4,605 FSA-1 55418 2,251 FSA-2 55421 805 F4 Ramsey County 2,500 AH-1 55112 Arden Hills, Bulk Drop 450 RV-1 55113 Roseville, Bulk Drop 1,350 FH-1 55113 Falcon Heights, Bulk Drop 50 FH-2 55108 Falcon Heights, Bulk Drop 200 SH-1 55126 Shoreview, Bulk Drop 350 VH-1 55109 Little Canada/Vadnais Heights, Bulk Drop 100 QUALITY AUDITING newspapers CITY COUNCIL LETTER Meetin of December 13 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO.iTEM: Approve Application for one-time~ A ~ POLICE;--',I APPROV~r/-~//. /'Y.~'/ Gambling BY: Thomas M. Johnso?. ~ . BY: 2004c.2Y\~ NO. Raffle DATE: December DATE: Request by Th-City Hockey Ass'n 9, I{ BACKGROUND The Th-City Hockey Association, Columbia Heights, Minnesota, has submitted a request to conduct a one- time raffle event on February 11, 2005, at Jotm P. Murzyn Hall, 530 Mill Street N.E., Columbia Heights. ANALYSIS/CONCLUSION Since the orgalfization satisfied the City Council resolution regarding one-time charitable gambling m~d has paid the $25 permit fee, the City Manager recolmnends the following action. RECOMMENDED MOTION: Move to direct the City Mm~ager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Colmnbia Heights has no objection to a one-time raffle event to be conducted by the Th-City Hockey Association on February 11, 2005, at JoN~ P..Murzyn Hall, Columbia Heights, Mim~esota, m~d fm-thennore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local govemh~g body. Attaclmaents mld 04-147 COUNCIL ACTION: P. 51 Minnesota Lawful ·Gambling Page 1 .of 2 (web) 12/03 LG220 Application EXemPt Pe 'rnit Fee, $50 , · ' . For Board Use Only · · Fee Paid '. First ,name,' ' '- ' :. - - · '.L~stname · .. Check the box that best describes your organizat on: . ':'~' ~ cha~er s~swing'y°U a~e' ;n::a~liate of a Par&nt nonpr0fit organization . .' .,.. .. ' ~ ,Prbof-p~evi°usJ'~ Submi~ed' and · 'Nameofpremiseowheregamblihgac~vtywl becenducted(fo~ra~es; stthestewherethedrawiagw takepace) :.. Address (do not use PO box) . ' " ~ 'C~, ".' ' .... : .... · .... " ' Date(s) of-activi~forra~es, indicate the date ofthe draw ng) ....... ' '- · . · :' ' · ...... ' ._ - '... C.beck.the b~x 0r boxes.that indicate the ~ype of gambling ...... . .. · Y , ) ~ Ru-Tabs .Tpboards · Gambling equipment for PUll;tabs, tipboard~, Paddlewheels,' and ~ingo:'(bi~go Pa~e~,' fiard cards; and bingo ball .. selection device) must be obtaiu~ froma .di'St~butOr licensed 'sy ih~ Gambling.cOnt~O'l' B°ard.. TO fi'nd a lice'~sed. ., ,,~ ,u.. w ~ ce mace avaiiabie in al[emazlve . rout name and and your oroari zat Oh'S name . ..... .... = . , format (i.e. large print, Bra e) upon request ' a~d address will be public nform'atioh'when,. Board Whose Work'assignment'requ res [hat The info~mafion requested on th~s'f°~ (and ;mceived.bythe Boar~. AIl~e utheHnf0~afion "..that"have ~c~ss.t0 t~:'in~oomation;' th& '~ny.a~chments)will be used by Be Gambling :thatyod providewill be private'data aboutyou: Minneso~ DepadmentofPublicSafe~;'the Control B~ar~'.(Boa~d)t~ determine your .until the' B'6ard issues yo~rpe~m t: when the Minn'~sgtaAEor~eyGeneral;~e'Minhesota qualifications td be ~nvOlved in la~l gambling .Board issues your permit, all of~¢ nfo~ation Commissioners of Administration, Finance,: ~ctivities.in Minnesota. You'havethe r ghtto ';t~at you havg.prov dod to.'th~ BoarS:in'the and RevenUe; the' Minnesota- Legislative'~ refuse to'.suPply ~e informatio~ requested;, process0fapplyingforyouopb~Ewi become: '.Auditor, national andinterna~onai'ga~bligg ' - howev~[~ if yau. refuse to supply'this pbblic... If.Be Boa~d'dees n0t.issue ~ou a' :m~ulato~agencies;anyonepursuanttoc0u~ information, the Board ~ay' not be able [o 'pe~it, al the information'you.h~ve Ofovided' orde~ other individuals an'd'agencies that are -' ' dete'~mine ..Your .qualificat)0ns aSd,' :as ;a .in B~ Or~cess 0fapplyin~ f~ra p~ ~ rema ns Sp~cificaily authorized by s~te'br federal law ' " consequence, may.refuse to ssue ~ou a .private, with_the exdeptien of.your'name and - .:.to haveaccess to the'i~f0~ation; individuals :per~ t ' If you supp y the.. nf0r~ation YOUrorganizatiod's'aameandaddresswhich and agencies for Which law U~'legal order requested, the Board will be sble te process will remain public, ' ' :' · - ' .... . '. . auto.es a new use or shadng ofinfo~afion YOur.application. - Private da~ about y~U a~'available only to a~erthis Notice Was.given and anyonewith LG220 ApPli.cat. i.on fgr E×empf Permit . . , . : ~ ~, Page: or: Lo'col. Unit 'of GovernmentAcknow---l~gment ' . ~ . ..-: . -. :.. - . . i . If the gambling premises is within' city Iimits~:the city must Sign this applicatipn. Oh beha f of the cify, '1 acknOWledge th s application. - (~heck the action that .... the city is taking on this application; JThe city approves.the application with' no waiting perio, d. ", D The City ~Pprbves the application with a 30 da~ wait ng period, and allows the Board to:issue a permit after 30 daYs (60 days for a first iclass .city), ' DYhe city denies the application', iignature of c~'per~onn ~l~¢plicf~tib-h-) If the gambling PremJs.es is located in a tov~nship~ both. the county and township must sign:this application. On behalf ofthe county, 1 ackr~0W!edge th s applicatiom ...... ;Check the action thaf the county iS taking on this'application, The .pprovps the application with no g period .... D Th~'caufity'aFip~0veS the iapplication with a 30 .day waiting [Sefiod, and allowg the Board to'issue a .' ' permit after 30 days. - ..,.. ..... DThe-.countv"deniesthe appl cat on Print name .of county (Signature of county personnel mceMng.applica.tion) Title :' ' '"' ;' :'i .-';.:"..'.';' .':: ..: TOWNSHIP:-. On behalf of the township, '1 acknowledge that the ofganizati6n is applying fbr exempted ga[nb]lng activity within the township limits. [Atownship ha~ n0 statutory' . autfiod~7 t~"~3Prove'~r deny an' hp[~licaiioh 11 :i... '."' Print hame'of township .... .... ' ., , :.. ,'~ , ;.. ,'.-", :::..., .. . - ' , . · '?': ?, : '1 ..1 :., ,'; 'iSignature Of township offiCial, acknowledging application)- Title - ' -.'- "' '"-,' ': ' - '" "'"-:"; -': ' Th~ .information 15roy dod in th ~ &pplic~fion"is'complete a~8 accurate th' the best of my j~'ow edge . ,;,,::'....,,. ,.:-:~ ,......- ./. · .:: :.,:~,/..: . .:.:~:~~ ~ ..'... ~.... :...,:,~,,. ~, ,..:,...: ,. ,.., . ' C~ief.e~ecutve oMcer's s gnat, re' '~')~~~'":' ': : % ': ' '" . · '" '"";-' · :"" · ' ~,a[! Appi'i'Cation"and AttaChments'~:. '-:f..'; :.: t~.. ;.'..:::-:% ..: :: ::.- ' '-"~.,... :' ';.." .. :..':-, ' .'. ::' At. leaSt 45 days .prior.to yc~ur Scheduie~f act vity date'send:':',-, .... i" i':.'.:-.' ..... ,' ...~" ..: .... . . - · a copy ofyourproofof h~n~)rdfit statb¢, and','; :."': : ::......-.:-... ,~ bern ac~6wled~edbyltfie 'a'$sb aPPlicat'~n f~'e' (mak~ cFi~ck Pay~b'le' tbi State of Minnesc~ta .)..:.: .' .Io~l Unit :~f g0vemment or Appli6ation fees ~:e'nottp~0ra~'ed, fefuddable,' 0r'trarisfbfi~ble.' ' · .': :" "' hOE been denied;-do not Send t6:' Se'nd th~ application to the. GamSling ContrdI-Board:. 1711 West County a0~d 'B~:suite 300 S0bth' "?'"" Rose~ille, MN 55113 .";-'.-. .... ' -'...'' . i , ,: 4779 ~;'"'~ - ToP~DTY~t,~TO THE OF ~ " ~~~~' ..~ '~[ ~ ~ -' Ml~eapolis, MN - 612-37~611 ~¢~ ~, ~1 ~ C~n Rapids, MN - 7~7~ :,,~.~ ~'O0~ ? 79,". ::Oc] -~OOO ;l,~ ~: 5OO::,R ? ~ 5,' :i P. 54 SE[CRETA Y OF STATE Certificate of Good Standing I, Mary Kiffmeyer, Secretary of State of Minnesota, do certify that: The corporation listed below is a corporation formed under the laws of. Minnesota; that the corporation was formed by the filing of Articles of Incorporation with the Office of the Secretary of State on the date listed below; that the corporation is governed by the chapter of Minnesota Statutes listed below; and that this corporation is authorized to do business as a corporation at the time this certificate is issued. Name: Tri -City Hockey AssociatiOn inc Date Formed: 10/19/1989 Chapter Governed By: 317A This certificate has been issued on 01/14/04. CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA SECTION: Consent NO. ITEM: Approve School Liaison Officer NO. Contract with School District #13 for 9/1/04 to 6/9/05 ORIGINATING DEPARTMENT POLICE BY: DATE: Thomas M. Jobmson-~ November 29, 2004~ \l CITY MANAGER APPROVAL: DATE: BACKGROUND In 1992, the City of Colulribia Heights and School District #l 3 entered into a joint powers agreement to fund a school liaison services progrmn. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an importal~t part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Total cost for the school yea' 2004-2005 is $82,778.74, with the school district's share at $31,042.03. ANALYSIS/CONCLUSION Officer Mike McGee has held tltis position since the inception ofthe program. O£ficer McGee has established excellent rapport with the students amd staff at the Middle School and the High School. h:t addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to stndents and is a valuable resource to the school and the community. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED ACTION Authorize the Mayor and City Manager to approve the joint powers agreement with School District # 13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of · September 1, 2004, through June 9, 2005. mld 04-141 COUNCIL ACTION: P. 56 SCHOOL LIAISON OFFICER PROGRAM COLUMBIA HEIGHTS POLICE DEPARTMENT AND INDEPENDENT SCHOOL DISTRICT #13 Prepared m~d Submitted by: Rm~dell Bartlett May 19, 1992 P. 57 TABLE OF CONTENTS Subject Section Mission, Goals and Primary Responsibilities of the School Liaison Officer ...................... ' ......................................................................... i Objectives of the School Liaison Officer Position ............................................................... 2 Position Description - School Liaison Officer ~ '~' l-OSlL1On: Accom~tability and Education Requirements ............................................................. 3 Position Description - School Liaison Officer Position: Qualifications .......... ................................................................................................... 4 Major Areas of Accountability for the School Liaison Officer Position ................................................................................. 5 Guidelines for School Liaison Officer Position ................................................................... 6 Joint Powers Agreement ...................................................................................................... 7 Progam Cost Factor Breakdc)wn ......................................................................................... 8 P. 58 MISSION, GOALS AND PRIMARY RESPONSIBILITIES OF THE Section 1 SCHOOL LIAISON OFFICER: Mission Statement: The School Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationship between youth, police, and other authority figm-es. Goals: To work with and thi'ough school administrators, counselors, teachers, and students to develop a better understm~ding and a more positive attitude anaong students as to the role ora police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime-fi'ee environment for students and staff. To act as a law enforcement consultant and educator to Columbia Heights School District #13 schoOls located in Colmnbia Heights and Hilltop. Primary Responsibilities: The School Liaison Officer shall function as a law enforcement officer witlfin the school envirolament and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school adlninistrators and pm'ents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all fi.ructions of investigations relating to juveniles and children, in both criminal and noncriminal matters to effectively solve criminal cases and build a basis for successful prosecution when wan'anted and/or make all appropriate dispositions of noncriminal matters. z~, ounuu, =,a,~u,z ~,mccr msu ucvezops and presents investigative reports to the County Attorney and/or City Prosecuting Attorney for COlnplaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal and noncriminal acts that have come to the attention of the Department. P. 59 Section 2 THE OBJECTIVES OF THE SCHOOL IJAISON OFFICER POSITION ARE: Objective #1: To provide a formal process or rationale to: a. Enhmme the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity mid provide intelligence. c. Reduce the use of uniform officer intervention at school sites for response to school related service demmads. d. Maintain community contact for: parents, students, neighborhoods, commul~_ity organizations (PTA and other service providers) e. Handle incidents such as mhlor assaults, thefts, and tln-eats as they occur in the officer's assigned schools. Indicator #1: Lack of formal or informal complaints or concerns, either mitten or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or progq'am successes. ,Obi ective #2: To provide the following services to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop: a. To coordinate and directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school propel~ty and respond appropri- ately to non-school related intelligence regarding gang activity. c. To reduce the number of calls responded to by m~ifonn officers at school sites. P. 60 School Liaison Program Page 2 Statement of Objectives Indicator #2: Maintain adequate ka~owledge tl-u'ough review of daily reports, keeping abreast of the above current problems and disseminating infom:tation to Investigations and Patrol. Ob,iective #3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hm~dred percent of cases must pass this review. Ob,iective #4: Improvement and continual update of Liaison Program. Indicator #4: Yearly evaluations to be prePared by School Officials, Police Department and Liaison Officer for atmual review and evaluation. During the first year of the program, evaluations will be performed monthly and in writing, being prepared by appointed school and police department personnel. P. 61 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: ACCOUNTABILITY AND EDUCATION REQUIREMENTS Section 3 The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assi~aed fi'om the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assigmnent may submit their requests in waiting to the Investigative Unit Supervisor. Officers serving ha the assigmnent may be removed at the discretion of the Chief of Chief. The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in tlfis assignment, officersshall receive a pay differential ha accordm~ce with the labor agreement ha · effect at the time of the assigrnnent. AccOuntable to: The School Liaison Officer reports to and is directly accomatable to the Police Depm~nent Investigative Supervisor and/or the Chief of Police. Education and Trainin~ Requirements: POST licensed, supplemented by course work in investigative teclmiques, h~terview and interrogation teclmiques and crhne scene processing teclmiques, at least thi'ee yem's of experience as a police officer. P. 62 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: QUALIFICATIONS Section 4 8. 9. 11. 12. 13. Considerable knowledge of the principles of modern investigation teclmiques. Thorough knowledge of scientific methods of crime detection and criminal identification. Thorough kaaowledge of federal, state and local laws and ordinances that are enforced by the depm-tment. The ability to cmrnnunicate effectively both orally and in writing. The ability to analyze complex criminal transactions and trends mhd to use infomaation obtah~ed to successfully chat-ge criminal offenders. The ability to develop informants. The ability to independently manage a number of investigations at any one time. The ability to manage time effectively. The ability to speak effectively in public. The ability to work effectively with juveniles. To ability to gain cooperation, support, and assistance of the area church orgat~_izafions, County Welfare, County Court Se~wices, Juvenile Court, County and City law enforcement, and other agencies in the connnunity. To meet as needed with members of the personnel team and police department representatives to discuss hadividual student and student body problems that affect school or police department objectives. The ability to provide educational materials and lectures for the students, the school staffand the community on juvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. P. 63 School Liaison Progrmu Page 2 Qualifications 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes he is working in a juvenile environment. The Juvelfile Officer must assure the students and the staffthat he/she is not in the school to create a police state, he/she is there to assist the administrative staff and students. 19. The ability to promote inforrnal contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and perfonuance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juve~ile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent information for juvenile court detenuina~ tions. 29. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders t~Ting to interest them in constructive activities of a iecreational or social nature. P. 64 Section 5 MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION: ¸3. To attend school staff meetings as a resource person in developing and adopting procedm'es that will contribute to the prevention of juvenile delinquency. To cmrunmzicate and cooperate with county welfare officers, probation persmmel, and other members of the professional cmmnunity when appropriate. To assist school staff members in understanding the Anoka County Juvenile Cottrt System, law enforcement ramifications, mad the technique of court referrals when necessary. To be a part of the total team effort to provide role models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. To become invOlved in school and outside youth activities hi order to understand special problems of youth and how they may be positively adch-essed. Participate in cmmnunity affairs as requested or assigned, and be available for lectm'es to school and coimT~unity gn-oups. To facilitate education programs for students; i.e., acts as a resom'ce person in the .continuing development of chug education, etc. To assist and advise in secm'ity matters regm'ding school buildings and properties that are normally supe~wised by school staffmembers upon request of appropriate school official(s). To maintain individual police sldlls, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws mhd ordinances. prepare and suom~t necessary case roes regaramg cases ass~gnea or investigated. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative persmmel. P. 65 School Liaison Program Page 2 Major Areas of Accountability 11. 12. '13. 14. 15. 16. 17. 18. h~vestigates reported crhnes, both in and out of the school envirom~ent, for tl~e purpose of collecting evidence and identifying; locating, questioni~ig witnesses and suspects, and making legal arrests as justified by the facts developed. Obtains and processes physical evidence. Handles or arranges for the processing ora crime scene including measurements, fingerprints, photos and drawings, etc. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. Ensm-es proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a tmified approach. Ensures proper disposition of all assigned cases, meets with the Chief of Police regularly to review the status of all cases and determines whether to pursue, delay or close the matter. Confers With parents, other members of the Crhuinal Justice System, and those phvate and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children or family m-fits, in the disposition of matters involving juveniles al~d/or children. Preparation and presentation of appropriate material to students of elementary, j tmior and senior high schools. Keeps the h~vestigative Supervisor advised of all current investigations and performs all other duties as apparent or assigned. P. 66 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION' Section 6 Work week will be based on a forty-hour week. Work hours will be proximate to the school day. Will be assigned a department vehicle and is authorized to take it to their home, so long as they live within the City of Columbia Heights. Non-police driving is not authorized. Time commitment is appropriately divided in each of the following categories: a. h~-school activity at senior high and middle school b. Case h~vestigation, traipsing, and meetings as scheduled c. D.A.R.E. d. Elementary schools Primary supervisor is the Investigative Supervisor. Secondary supervisor is the Chief of Police. 11. 12. 13. 14. Must report to a supelMsor daily, but is authorized to report in~unediately to the school each day if approved. Must be prepared to perform all police ftmctions, as the officer is subject to hnmediate call-out for other activities, but must be discreet in the visibility of police equiplnent. Will be assigned a pager, and the pager lnust be operational during all hours when on uUty. Break time will be as defined h~ the m~ion agreement. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. Will keep a log and prepare appropriate reports to the Chief of Police. Shall attend the weekly Investigator meetings. P. 67 JOINT POWERS AGREEMENT Section 7 This Joint Powers Agreement dated this 13th day of December, 2004 is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). PURPOSE. The pm-pose of this agreement is to create, fmad, and inaplement the position of Poiice School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. SELECTION PROCESS, From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District # 13 persomael mhd appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed fi:om the position at the discretion of the Chief of Police. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.i.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 2004-2005 school yea' is attached. BILLING. The City shall submit a bill to the School District, which will be paid within thirty days of receipt. P. 68 Page 2 Joint Powers Agreement' TERM. This agreement shall co~mnence on September 1, 2004, and shall end on June 9, 2005. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School Disthct for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of perso~mel records, temxination of emplo3anent, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supe~-cisor, but will consult regularly with the School District officials. The officer will have office space mhd phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold hm-mless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to tiffs agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall inde~mtify, hold harmless, and defend the City, its officers and employees against any mhd all liability, loss, costs, damages, expenses, clainhs or action which the city, its officers mhd employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequatelyperform the School District's obligations pursuant to .this agreement. 10. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. 11. TEMPORARY REAS S!GNMF~NT. Temporary reassigmnent ofthe Liaison Officer is at the.discretion of the Chief of Police not to exceed thhty consecutive days, contract to be renegotiated after thirty days. P. 69 Page 3 Joint Powers Agreement 12. Resolution of m~fm:eseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. CiTY OF COLUMBLA HEIGHTS SCHOOL DISTRICT #13 Julielme Wyckoff Mayor Dr. Nancy Kaldor Superintendent of Schools Thomas M. Jotmson Chief of Police Janet Ostazeski School Board Chair. P. 70 COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM Section 8 Base Wage: Patrol Top Wage Police/School Liaison Officer premiuln Longevity (16 years) Holiday pay Defen'ed comp. Overtime allocation TOTAL BASE WAGE 2004-2005 School Year $4,664.46/month 125.00/month 234.99/inonth $55,973.52/year 1,125.00/9 mos. 2,819.00/year 2,583.36/year 300.00/year 2,421.90/year $65,222.78/year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (3.82%) P.E.R.A. (9.3% gross wage) Hospitalization ($535.00/month) TOTAL FRINGE BENEFIT COSTS 945.73/year 2,491.51/year 6,065.72/year 6,660.00/year $16,162.96/year Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 793.00/year 600.00/year $ 1,393.00/year TOTAL YEARLY COSTS To compute monthly total: $79,615.'86 divided by 12 months = $6,898.23 To compute school year total: $6,634.65 x 9 months (school yr.)= $62,084.05 To compute School District #13 cost: 1/2 of 9/12 fimding formula = $31,042.03 q'OT~X.,r, COST TO mid $82~778.74 P. 71 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: DESIGNATION OF PARKING IN FRONT OF BY: K. Hansen~ BY: 700 39TM AVENUE N.E. DATE: 12/7/04~C'~ DATE: '" Background: At the October Traffic Commission a request was made to expand the yellow painted on-street parlo~g restrictions on 396 Avenue, specifically in fzont of 700 392 Avenue. The curb had been painted yellow in the past and had faded over time. The concern is safety and ease of track traffic entering the driveway. In previous years City employees did paint the driveway and building entrance areas yellow but the City stopped the practice in recent years. Analysis/Conclusions: In order to accommodate the businesses in the area and provide on-street parking, the Traffic Commission concluded that it would be best to designate a "no parking" space east of the driveway for the business at 700 39th Avenue. This would allow track traffic to make the turn into the driveway. One parking space would be available west of the business entrance walk and two spaces would be available east of the entrance walk for short telxn parking. Recommended Motion: Move to recormnend the City Council designate "no park/ng" east of the driveway for 700 39th Avenue, keeping one parking space west of the entrance walk and two parking spaces east of the entrance walk based on a recommendation by the Traffic Commission. r~U.'jb COUNCIL ACTION: P. 72 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: CHANGE ORDER NO. 1 FOR THE ZONE VA BY: K. Hansen~. BY: STREET REHABILITATION PROJECT DATE: 12/9/~ DATE: Background: The Zone 7A Street Rehabilitation and Utility RePlacement project is now complete. As part of the street reconstruction, in-sim or ex/sting soils are evaluated for suitability in the new road cross section. The soil correction work was much more extensive th/s year than in previous years due to in-sim conditions. The Contractor has completed the soil correction work needed for the reconstruction of streets involved in the 2004 Street Rehabihtation project in Zone 7A. The work included in this change order was anticipated in the costs presented at the public improvement hearing and then the assessment hearing. Unfortunately, the quanfity of work on the bid tab was based on experience fi'om previous },ears and the quantifies required for the extensive soft correction this year was not included in the original bid proposal. In the future, staff will provide a contingency in the bid proposal for cmxecfive work when encountering poor native soils in full and partial reconsWaction projects. While staff recognizes this is a large single change order, it is emphasized that the work was in the public improvement hearing and in the assessment hearing, and therefore the final assessments still remained at approximately 3.3% under the proposed assessments in March. This amotmt does not change the overall funding as proposed at both of those hearings. Analysis/Conclusions: During the course of construction, Public Works staff directed the Zone 7A contractor, Midwest Asphalt Corporation, to provide additional common excavation of the soft native clay soils, installation of fabric and replacement aggregate base material. The work was necessary due to existing conditions found in the field, such as high moisture content in the native clay soils causing them to be soft and unstable. The work is only for the additional quantifies in the ex/sting bid using the line item unit bid pricing. This quantity was included in the assessment hearing calculations. In addition, Public Works staff directed Midwest Asphalt Corporation to do work on City and private utilities. Two additional water main gate valves were installed and two additional catch basins were constructed. Sanitary sewer service pipe was removed and replaced when it conflicted with the water main replacement on Jackson Street. At the request of property owners, stop boxes were repaired and water and sewer services were stubbed to the property line. Staff recommends approval, of Change Order No. 1. Recommended Motion: Move to authorize Change Order No. 1 for additional work, filter fabric, common excavation, aggregate base material, sidewalk, water main gate valves, catch basins, sanitary sewer service pipe, stop box repair, and sewer and water service laterals to the Zone 7A Street Rehabilitation, City Project 0402 to Midwest Asphalt Corporation in the amount of $181,393.30 to be funded out of the PIR Fund, or Assessments ($91,287.65), the hrfi:astmcture Fund ($79,973.65), Water Fund Mammnance t,~,z~u.uu/, Sewer Dtat~ 2q~l~ runu V+,uo~.uu) ~nd taz, //~.uu). KH:jb Attachment: Changer Order No. 1 COUNCIL ACTION: P. 73 Project: 2004 Street Rehabilitation Owner: CHANGE ORDER NO. 1 City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Midwest Asphalt Corp. City Project: 0402 Date of Issuance: December 8, 2004 Engineer: City Engineer You are directed to make the following changes h~ the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $1,562,851.49 Previous Change Orders No. __ to No. __ $ None Contract Price prior to this Change Order:' $1,562.851.49 Net Increase of this Change Order: $ 181,393.30 C}tANGE IN CONTRACT TIME Original Contract T/me: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract T/me with Approved Change Orders: N/A Contract Price with all Approved Change Orders: $1,744,244.79 Approved By: Approved By: Approved By: (Contractor) Date of Council Action Juliem~e Wyckoff, Mayor Walter Fehst, c,~,,~ Manager P. 74 Attactunent to Change Order No. 1 City Project No. 0402 Page 1 Owner: Contractor: Project: City of Columbia Heights Midwest Asphalt Corporation 2004 Street Rehabilitation - Zone 7A Description of Changes: The City requested the following work for preparation of pavement construction and for sidewalk construction in Zone 7A: Item No. 1: Extra geotextile fabric Install geotextile fabric as a separating layer between the native clay soils and aggregate base. Item No. 2: Extra common excavation Remove existing soft native clay soils to an additional depth of 6" to 12", as directed by the City Engineer. Item No. 3: Extra class 5 or 7 aggregate base Place aggregate base in the excavated area to strengthen the subgrade. Item No. 4: Extra hazardous and other sidewalk removal and replacement Remove and replace walk as requested by property owners (assessed to owner) and other walk, hazardous and non-hazardous, as needed for construction. Item No. Item Description Unit Ouanti _ty Unit Price Total Price Extra filter fabric S.Y. 11,890 $ 0.95 $ 11,295.50 Extra common excavation (CV) C.Y. 4,610 $ 10.95 $ 50,479.50 Extra class 5 or 7 aggregate base C.Y. 4,610 $ 18.55 $ 85,515.50 Remove and construct sidewalk S.F. 3,293 $ 3.60 $ 11,854.80 $159,145.30 FUNDi~NG SOURCES: Assessment l_n_ffaskructure Fund $80,309.65 $ 78,835.65 The City requested the following work for preparation of pavement constntction to repair the pavement damaged by the water main break on Fillmore Street: item No. i: Extra cormnon excavation Remove existing soft native clay soils to an additional depth of 6" to 12", as directed by the City Engineer. Item No. 2: Extra class 5 or 7 aggregate base Place aggregate base in the excavated area to strengthen the subgrade. Item No. Item Description Unit Ouanti _ty Unit Price Total Price Extra common excavation (CV) C.Y. 94 $ 10.95 Extra class 5 or 7 aggregate base C.Y. 94 $ 18.55 1 $ 1,029.30 2 $ 1,743.70 $ 2,773.00 FUNDING SOURCES: State Aid Maintenance Fund $ 2,773.00 P. 75 Attachment to Change Order No. 1 City Project No. 0402 Page 2 The City requested the following work for utility construction in Zone 7A: Item No. 1: Gate Valve and Box Replace gate valve on 40th Avenue, west of Jackson Street. The existing gate valve was leaking. Cut-in gate valve on Van Buren Street, 39th Avenue to 40th Avenue. A gate valve was added mid-block. Item No. 2: Sanitary Sewer Service At some locations on Quincy Street and Van Buren Street, the sewer service pipe was above the water main. This was not typical construction and the pipe conflicted with the water main replacement. Additional pipe was needed to repair the sewer services. ItemNo. 3: Catch Basin An additional catch basin was added at the intersections of Jackson Street and Van Buren Street at 39th Avenue. Item No. 4: Stop Box Repair Property owners were given the opportunity to repair the stop box on their water service when it was found to be inoperable. (Assessed to owner.) Item No. 5: Sewer and Water Service Property owners were given the opporttmity to install sewer and water services to the property line. This is typically done on vacant lots. (Assessed to owner.) Item No. Item Description Unit Quantity Unit Price Total Price 1 Gate valve and box Ea. 2 $1,645.00 $ 3,290.00 2 6" PVC sanitary sewer service L.F. 130 $ 31.30 $ 4,069.00 3 2' x 3' CB type X with casting Ea. 2 $1,138.00 $ 2,276.00 4 Repair stop box Ea. 10 $ 430.00 $ 4,300.00 5 Install sewer and water services Ea. 2 $ 2,770.00 $ 5,540.00 $ 19,475.00 FUNDING SOURCES: Water main Fund Sanitary Sewer Fund Assessment $ 3,290.00 $ 4,069.00 $10,978.00 Infrastructure Fund $1,138.00 TOTAL CHANGE ORDER 1 $181,393.30 P. 76 CITY COUNCIL LETTER Meeth~g of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: t ?u LIC woP s ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Hansen~ FEASIBILITY REPORT(S) FOR ZONE 7B AND ZONE lA DATE: 12/6/04 ~,&=~.--7---~ DATE: STREET REHABILITATION PROGRAM Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required reports for the Zone 7B Street Rehabilitation Programs. Zone 7B includes the area bounded by California Street or Main Street on the west, 37th Avenue on the south, University Avenue on the east and 45th Avenue on the north. Zone lA includes the area bounded by Central Avenue on the west, Reservoir Blvd. on the south and east and 45th Avenue on the north. Our proposed schedule calls for holding the improvement heating for the project in February 2005. Under this schedule, the project would be bid in March. Recommended Motion: Move to waive the reading of Resolution No. 2004-89, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2004-89, being a Resolution ordering the preparation of a report for proposed Zone 7B and Zone lA Street Rehabilitation Program. rU.'jb Attachments: Resolution COUNCIL ACTION: P. 77 RESOLUTION NO. 2004-89 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONE 7B and ZONE lA STREET REHABILITATION PROJECT #0502 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7B and Zone lA that have not been rehabilitated under the street program. WItEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to M/nnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2005-02 ZONE 7B and ZONE lA STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 13th day of December, 2004. Offered by: Seconded by: Roll Call: CITY OF COLLrMBIA HEIGHTS BY Juhenne Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk P. 78 1 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: _~--_ ~_ ~ ~ Fire APPROVAL ITEM: Establish Hearing Dates BY: Charlie Thompson ~.~.~ License Revocation, Rental Properties DATE: December 8, 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. Edgar Letran ......................................................................... 4800 4~' StreetN.E. 2. Frm~k Magadance .................................................................. 4205 Jefferson St: N.E. 3. Jeffrey Ambrose .................................................................... 1230-1232 Circle Terrace Blvd. N.E. 4. Sheila Henry. ........................................................................ 3813-15 Pierce Street N.E 5. Duncan McClellan ................................................................ 4420-22 Monroe Street N.E. 6. Khalid Mansour .................................................................... 4618 Polk Street N.E. 7. Kathy Crosby ........................................................................ 1162-64 Cheery Lane. 8. MollyHobbs~ ........................................................................ 1401-1403 ParkviewLn. 9. TJ2 Properties..~ .................................................................... 3726 3rd Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension 0fa License to Operate a Rental Property within the City of Columbia Heights against Edgar Letran at 4800 4th Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of january !0, 2005 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Frank Magadance at 4205 Jefferson Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jeffrey Ambrose at 1230-32 Circle Terrace Blvd N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Shelia Henry at 3813-15 Pierce Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heigl!ts against Duncan McClellan at 4420-22 Monroe Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Propen~y within the City of Columbia Heights against Khalid Mansour at 4618 Polk Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Property witl3in the City of Columbia Heights against Kathy Crosby at 1162-64 Cheery Ln. N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Propm~y within the City of Columbia Heights against Molly Hobbs at 1401-03 Parkvie~, Lane RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2005 for Revocation or Suspension of a License to Operate a Rental Propelty within the City of Columbia Heights against T J2 Properties at 3726 3~a Street N.E. COUNCIL ACTION: P. 79 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ff~ f~ -(~-1 Fire ITEM: Approval of Rental Housing License BY: Charlie Thompson BY' ,~,~'~ '~ Applications ~ '/' ~~~ NO: DATE: December 9, 2004 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for December 13, 2004. COUNCIL ACTION: P. 80 Occupany I.D. 20043 10052 Property Owner Name Property Address Edward Fragale 1324 Circle Terrace REINSTATED FROM PREVIOUS LICENSE REVOCATION Robert Zschokke 3823 Polk Street REINSTATED FROM PREVIOUS LICENSE REVOCATION P. 81 12/09/2004 15:26 Page 1 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ..1~-- f5 - ~- License Depm~ent APPROVAL ITEM: License Agenda BY: Shelley Hanson(.,~-~k~x..~ DATE: NO: DATE: December 10, 2004 BY:~,,~///~ ~,r~ BACKGROUND/ANALYSIS Attached is the business license agenda for the December 13, 2004 City Com~cil meeting. This agenda includes Contractor Licenses for calendar year 2005 in addition to the renewals for Fuel Dispensing Devices, Games of Skill, Pool Hall, Cigarette/Tobacco Sales, Off/On Sale Beer, Liquor, Wine, Auto Sales, Vehicle Rental, Pet Shop, m~d Secondhand Dealer Licenses. At the top of the license agenda you will-notice a pln'ase stating *Signed Waiver Form Accompmzied Application. This mere:ts that the data privacy foml has been sub~rfitted as requh'ed. Il'not sub~rfitted, certain infom~ation cam~ot be released to the public. RECOMMENDED MOTION: MOve to approve the items as listed on the business license agenda for December 13, 2004 as presented, regarding the new licenses fdr 2005. COUNCIL ACTION: .-: P. 82 TO CITY COUNCEb December 13, 2004 *Signed Waiver Fom~ Accompmzied Application APPROVED BY BLFiLDING OFFICIA_L FiRE POLICE 2005 BUSINESS LICENSE AGENDA CONTRACTORS *St. Paul Corrugating *Adolfson & Peterson Inc *Ryan Companies *Kraus-Anderson Co Thr~co Construction TIB Building Maintenace *Gresser Co. ' *LeRotm Excavating *Wellington Window *Golden Valley Heating *Yale Mechanical .inc. *Centraire Heating' DJ's Heating *Dave's Heating *Centerpoint Energy *Pioneer Power Inc *Home Energy Center *Air Mechmtical *Steinkraus Plumbipg h~c. *Sunrise Plumbing Inc. Mid-City Mechanical *Pipeworks Inc. *DeMars Si=m~s *Amtech Lighting Serv *Lawrence Signs *Nordquist Sign Co. *Asphalt DrivewdY Co *Rainbow Tree Co. LICENSED AT 700 39th Ave NE 6701 W 23rd St, Mpls 50 So. l0th St, Mpls 525 So. 8th St, Mpls 14700 28th Ave No. Plymouth 1600 So. 6th St, Mps 2905 Lexington Ave So, Eagan 2104 64th St, Wht Bear Lk 3938 Meadowbrook Rd, St Louis Pk 5182 W Broadway,' Crystal 9649 G/rard Ave So, Bloom 7402 Washington Ave 6060 Labeaux Ave, Albe~Wille 1601 37m Ave NE, Col. Hts 13562 Central Ave, Anoka 570 Hatch Ave, St Paul 15200 25th Ave No. #128, Plymouth 16411 Aberdeen St NE, Ham Lk 112 East 5th St #101, Chaska 11092 61st NE, Albertville 9103 Davenport St, Blaine 680 Vahalla Dr, Cedar 410 93rd Ave NW, Coon Rapids 6077 Lake Ehno Ave N. Stillwtr 945 Pierce Butler Rte, St Paul 312 W. Lake St, Mpls 1211 E. Hwy 36, Maplewood 2239 Edgewood Ave So, St. L. Pk FUEL DISPENSING DEVICES Jells, Bobby and Steves Autowor!d 370! Central Ave NE. GAMES OF SKILL *Jimmy's Pro Billiards (30) *Mendota Valley VFW, Buffalo Wild Wings *Jubilee Music Co. LaCabema 4040 Central Ave 9177 E Courthouse Blvd, Inver Gr' 7129 20th Ave No, Centerville FEES $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $!60.00 $465.O0 $210.00 $75.00 ?OLICE *Jimmy's Pr6 Billiards 4040 Centa'al Ave $100.00 P. 83 POLICE POL,FIRE,BLDG,ZA POL,FIRE,BLDG, ZA POL, FIRE,BLDG, ZA POL,FIRE,BLDG, ZA POL, FIRE,BLDG,ZA POL ZA ZA POL,FIRE,BLDG, ZA CIGARETTE/TOBACCO SALES *Totem Foods *RBF Corp of Wisc (Rafl~bow) *Mon_ica hm dba Hot Market *Avanti dba Oasis Market *Star Central *Jeff's, Bobby & Steve's 4635 Central Ave 4300 Central Avenue 5011 University Ave 4001 University Ave 4005 Central Ave 3701 Central Ave OFF & ON SALE BEER *Jeff, Bobby, Steve's 3701 Central Ave OFF SALE BEER *RBF Corp of Wisc.(Rah~bow) *Avanti dba Oasis .Mkt *Totem Foods 4300 Central Ave 4001 University Ave 4635 Central Ave LIQUOR LICENSE/SUNDAY *LaCasita Restam'ant *Buffalo Wild Wings (Pending Fire approval) 5085 Central Ave 4811 Central Ave WINE/BEER *Puerto Vallarta (Pending Fire Approval) 3800 Central Ave SECONDHAND DEALER *Hollywood Video/Game Crazy *TVI Inc dba Savers *Nash Sales, Inc-Unique Thrift 4849 Central Ave Col. Hts 4849 Central Avenue 2201 37th Ave PET SHOPS *Exotic Pet Supply 4940 Central Ave AUTO SALES LICENSE Silver Lake Auto Inc David's Auto Sales MOTOR VEHICLE RENTALS *Columbia Heights Rental 3701 Reservoir Blvd 573 40th Ave 3901 Central Ave TEMPORARY ON SALE LIQUOR *Irm]aaculate Conception Church 4030 Jackson St For Feb. 4, 5, 6., 2005 $300.00 $300.00 $300.00 $30O.00 $300.00 $300.00 $550.00 $150.00 $150.00 $150.00 $6700.00 $82O0.O0 $2400.00 $100.00 $100.00 $100.00 $50.00 $300.00 $300.00 $50.00 $300.00 license agenda P. 84 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: 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 I10~ I ~ through I1 OF-"/~ in the amount ors q: ~]¢'/. q~. These checks have been examined and found to be legal charges against the cITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P. 85 ACS FINANCIAL SYSTEM 12/10/2004 09:39:14 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.60 COVERPAGE GL540R * * * * C 0 U N C I L * * * * '* * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * Report Selection: Optional Report Title ....... 12/13/04 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Pro~ect ..................... Ven_or ...................... Invoice ..................... Purchase Order .............. Bank ........................ nucher .................... leased Date ............... ~meared Date ................ thru thru thru thru 110714 thru 110965 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUAICIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 12/10/2004 09 Check History 12/13/04 COUNCIL LISTING BANK VENDOR Bia~NK CHECKING ACCOUNT WELLS FARGO - PAYROLL AC AARP AMERIPRIDE A1VDERSON/CHAD BRADLEY REAL ESTATES INC CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I EAST SIDE BEVEP~AGE CO EXTREME BEVERAGE GENUINE PARTS/NAPA ~3TO GRIGGS-COOPER & CO HERSTEL//~kIDREW HOFF~N/KELLY HOHENSTEINS iNC JOHNSON BROS. LIQUOR CO. K~DLESTkD/G~RY L~2VD TITLE INC ~L~tK VII DIST. METROCALL - ATT MESSAGIN MN DEPT OF EMPLOYMENT&EC MN REC & PK ASSOC - MRP MN-USA WRESTLING ~ MOELLER/KAREN O0 O'BRIEN/DANIEL ~ OFFICE DEPOT PERFORMANCE OFFICE PAPER QUINTUNA/KATHERINE QWEST COMMUNICATIONS SCHMIDT/WILLIAM VADNAIS/ROBERT VANG/SOUA WELLS FARGO BANK WINDSCHITL/KEITH XCEL ENERGY (N S P) ACE ICE COMPANY AISH/MATT AMERICAN BOTTLING COMPAN AMERICAN INTERTR_ADE AUSTIN/LENNY BECKETT/JASON BELLBOY BAR SUPPLY BELLBOY CORPORATION BONESTEEL/PAUL CHISAGO LAKES DISTRIBUTI DANKA OFFICE IMAGING DAVIS/INEZ CHECKNUMBER 110714 110715 110716 110717 110718 110719 110720 110721 110722 110723 110724 110725 110726 110727 110728 110729 110730 110731 110732 110733 110734 110735 110736 110737 110738 110739 110740 110741 110742 110743 110744 110745 110746 110747 110748 110749 110750 110751 110752 110753 110754 110755 110756 110757 110758 110759 110760 CITY OF COLUMBIA HEIGHTS GL540R-V06 . 60 PAGE 1 AMOUNT 223,504 30 160 00 75 86 5 48 11,337 87 3,698 35 69 00 5,534 05 54,979 45 320 00 202 75 8,247 95 14 45 4 35 2,415 10 22,318 32 50 35 227,413.76 35,964.45 79.73 25.00 100.00 70.00 86.32 6.39 49.74 704.82 10.00 161.63 45.10 231.67 243.50 27.01 28.06 1,555.06 111.38 90.00 687.12 379.50 36.88 90.00 1,041.87 859.00 90.00 2,919.90 43.48 48.00 ACS FINANCIAL SYSTEM 12/10/2004 09 Check History 12/13/(]4 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOIINT DEX MEDIA EAST LLC ESCHELON FARNER-BOCKEN FINE WINES FROM EUROPE G & K SERVICES GENUINE PARTS/NAPA AUTO GR3kPE BEGINNINGS INC GREENHOLGH/TOM GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. JOHNSON/THOMAS M KIWI KAI IMPORTS MINNESOTA COACHES MN REC & PK ASSOC - MRP NORTHEAST STATE BANK PETTY CASH - KAREN MOELL PETTY CASH - NICOLE JOUP PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS RON KASSA CONSTRUCTION SHAFER/TESS WINE COMPANY/THE ~ XCEL ENERGY (N S P) ~ ACE ICE COMPANY ~ AMERIPRIDE ANOKAHEAINEPIN TECH COLL BELLBOY BAR SUPPLY BELLBOY CORPORATION BUDGET OFFICE MACHINES, CENTER POINT ENERGY CITY OF NEW BRIGHTON COCA-COLA BOTTLING MIDWE DUGDALE/MARY EAST SIDE BEVERAGE CO EXTREME BEVERAGE FARNER-BOCKEN FISCHER/TED GENUINE PARTS/NAPA AI~O GOLDEN AGE CLUB GRAND RIOS WATER PARK RE GRIGGS-COOPER & CO JOHNSON/THOMAS M KELZENBERG/BARBARA IOJETHER DIST. CO. LORMAN EDUCATION SERVICE MINNESOTA CROWN DISTRIBU CHECK NUMBER 110761 110762 110763 110764 110765 110766 110767 110768 110769 110770 110771 110772 110773 110774 110775 110776 110777 110778 110779 110780 110781 110782 110783 110784 110785 110786 110787 110788 110789 110790 110791 110792 110793 110794 110795 110796 110797 110798 110799 110800 110801 110802 110803 110804 110805 110806 110807 3,000, CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 2 13, 85 95 600 410 3,785 49 3,113 3,051 474 28 40,996 320 4,058 9O 43 30O 639 12,132 211 9 83,069 309 780 AMOUNT 161.90 152.43 2,941.98 507.25 46.17 23.30 703.00 56.85 9,972.48 7,296.20 16,839.55 250.00 2,889.93 427.45 515.00 000.00 172.65 300.00 10,467.32 10,217.03 6,108.23 48.00 161.90 687.61 .08 .83 .00 .93 .12 .00 .90 .00 .30 .55 .11 00 98 00 82 00 35 64 67 47 45 00 00 ACS FINANCIAL SYSTEM 12/10/2004 09 Check History 12/13/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOLrNT FIN DEPT OF ADMINISTP3~IO NAWROCKI/BRUCE PETTY CASH - JOANNE BAKE PETTY CASH - MARY DUGDAL QWEST COMMUNICATIONS VERIZON WIRELESS XCEL ENERGY (N S P) CLASSIC CATERING WELLS FARGO - PAYROLL AC ABLE HOSE & RUBBER INC ACE HARDWARE AMERICAN WATER WORKS ASS AMERIPRIDE ANCOM COPLMI/NICATIONS INC ANOKA COUNTY ATTORNEY ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. AWD COOLERS OF MINNESOTA BAKER & TAYLOR BAKER & TAYLOR ENTERq~IN BARNA GUZY & STEFFEN LTD BARNES & NOBLE INC ~ BATTERIES PLUS · BAUDVILLE O0 BAUER BUILT TIRE & B$~TE ~O BFI/WOODLA/CE SANITARY SE BIFF'S,INC. BOOK WHOLESALERS INC BOYER TRUCK PARTS BRODART BUDGET OFFICE MACHINES, BUILDING FASTENERS CATCO PARTS SERVICE CENTRAL RENTAL CHEMSEARCH C~GNA BEHAVIORAL HEALTH CINTAS FIRST AID-SAFETY CITY OF COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS CITY WIDE LOCKSMITHING CLARK PRODUCTS INC COLUMBIA PARK CLINIC COORDINATED BUSINESS SYS CULLIGAN DAHLGREN SHARDLOW & I~AN DATA 911 DAVIES WATER EQUIPMENT C CHECK NI/MBER 110808 110809 110810 110811 110812 110813 110814 110815 110816 110817 110818 110819 110820 110821 110822 110823 110824 110825 110826 110827 110828 110829 110830 110831 110832 110833 110834 110835 110836 110837 110838 110839 110840 110841 110842 110843 110844 110845 110846 110847 110848 110849 110850 110851 110852 110853 110854 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 3 AMOUNT 534.99 1,639.18 71.50 147.48 180.93 8.28 4,545 14 2,521 11 269,747 58 47 20 89 61 450 O0 33 80 102 99 833 80 845 27 139 85 60 55 2,421 07 2,490 36 13,676 00 196 13 46 32 239 58 93 22 196,871 48 317 60 181 62 80 30 113 83 512.00 12.33 369.88 53.24 137.28 532.53 187.62 15,686.00 71,366.40 65.00 95.53 620.00 190.75 394.72 4,234.93 2,495.00 461.37 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/10/2004 09 Check History GL540R-V06.60 PAGE 4 12/13/04 COUNCIL LISTING BANK VENDOR CHECK NLYMBER AMOUNT BANK CHECKING ACCOUNT DEHN OIL DELEGARD TOOL CO. DEMCO, INC. DIAMOND VOGEL PAINTS DISCOUNT STEEL INC DOUGS TV & APPLIANCE DUN & BRADSTREET CORPORA EMBROIDERY & MORE EMERGENCY AUTOMOTIVE TEC FEDERAL EXPRESS FIDELITY SERVICES INC FLEX COMPENSATION, INC FLEXIBLE PIPE TOOL Cf). FPJkTTALONE COMPANIES INC FRIDLEY LITTLE LEAGUE G & K SERVICES GALE GROUP/THE GENERAL REPAIR SERVICE GENUINE PARTS/NAPA AUTO GP~AFIX SHOPPE GROSSE/PAUL HARBOR FREIGHT TOOLS HEINRICH ENVELOPE CORP HOME DEPOT $2802 HSBC BUSINESS SOLUTIONS HY-MARK ELECTRIC, INC INSTRUMENT CONTROL SYSTE INSTRUMENTAL RESEARCH IN INTEGRATED LOSS CONTROL INTERSTATE DETROIT DIESE IPC PRINTING JINDR3k/PATRICIA KEEP INC/THE KENNEDY & GRAVEN KENNEDY TRANSMISSION KIRCHER/ANDREA MITAU tCROMER COMPANY LEAGUE OF MINNESOTA CITI LEXISNEXIS MATTHEW BENDE LIBSON TRUCK SALES INC LIFT PRO LISTENING LIBRARY INC LUBE-TECH LYLE SIGNS INC MADDEN & ASSOCIATES/FR3%N MENARDS CASHWAY LUMBER-F METRO FIRE 110855 20,813.91 110856 196.72 110857 345.79 110858 63.90 110859 66.25 110860 99.48 110861 664.50 110862 961.86 110863 257.96 110864 138.03 110865 4,822.12 110866 162.75 110867 683.73 110868 28,650.00 110869 280.50 110870 2,114.75 110871 169.97 110872 1,187.10 110873 658.18 110874 267.23 110875 105.86 110876 15.96 110877 157.00 110878 478.07 110879 23.42 110880 500.00 110881 1,050.00 110882 140.00 110883 319.00 110884 336.27 110885 53.26 110886 70.00 110887 48.80 110888 7,230.29 110889 465.64 110890 1,400.00 110891 91.19 110892 11,316.00 110893 85.15 110894 428.00 110895 71.22 110896 185.60 110897 637.38 110898 467.76 110899 6,874.05 110900 538.65 110901 247.70 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/10/2004 09 Check History GL540R-V06.60 PAGE 5 12/13/(]4 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MID CITY MECHANICAL MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MINNESOTA DEPARTMENT OF MINNESOTA GREEN EXPO MN DEPT OF ADMINIST~kTI0 MN DEPT OF FINANCE:TREAS MN DEPT OF TRANSPORTATIO MN RURAL WATER ASSOC MN STATE BOARD OF ACCOUN MN UTILITY CONTRACTORS A MURZYN JR/DONALD J MUSIC FOR LITTLE PEOPLE rCZAS- MN/~U MYERS TIRE SUPPLY COMPAN NATIONAL ARBOR DAY FOUND NATL ASSO OF TOWN WATCH NATL SOCIETY PROF ENGINE NEXT DAY GOURMET NOBLE LANDSCAPE NOBLE NURSERY NUI HOT LABS O'GARA/ANDREW OFFICE DEPOT OFFICE SUPPLY CONNECTION ONE-CALL CONCEPT-GOPHER ORIENTAL TPJ%DING COMPANY PAM OIL INC PC SOLUTIONS PEPSI-COLA-7 UP PETTY CASH - CAROLE BLOW PETTY CASH - REBECCA LOA PLETSCHERS PREMIUM WATERS INC QUILL P~%NGE SYSTEMS ~APID GRAPHICS & MAILING REED BUSINESS INFORPL~TIO RITZ CAMERA ROSEDALE CHEV SBSI INC SCHELEN GP~AY ELECTRIC 110902 110903 110904 110905 110906 110907 110908 110909 110910 110911 110912 110913 110914 110915 110916 110917 110918 110919 110920 110921 110922 110923 110924 110925 110926 110927 110928 110929 110930 110931 110932 110933 110934 110935 110936 110937 110938 110939 110940 110941 110942 110943 110944 110945 110946 110947 110948 14 08 27 60 2,250 00 59 95 178 62 70,379 13 11 23 930 94 8,252 00 130 00 37 00 416 90 117 13 205 00 45 00 300 00 35 00 70 81 119 07 21 25 15 00 25 00 260 00 260 93 38 28 42 60 1,870 00 55 00 1,254 99 213 14 98 90 166 46 68.37 709.56 266.00 1,010.00 33.83 127.80 5.41 65.91 1,597.50 4,566.00 143.25 28.08 26.65 1,052.01 190.64 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/10/2004 09 Check History GL540R-V06.60 PAGE 6 12/13/04 COUNCIL LISTING BANK VENDOR CHECK NUMBER BANK CHECKING ACCOUNT SCRANTON GILLETTE C05~4 SERVICE LIGHTING SHORT ELLIOT HENDRICKSON STOPTECH LTD STREICHER' S GUN' S INC/DO SUN PUBLICATION TKDA TOUSLEY FORD TRANS -ALARM INC TROPHIES BY LINDA ~s~s/~si~ UPPER MIDWEST COMMUNITY UPSTkRT- DIVISION OF HIG VECTOR INTERNET SERVICES VERI ZON WIRELESS WILSON DEVELOPMENT SERVI W-W Gt~kINGER, INC 110949 110950 110951 110952 110953 110954 110955 110956 110957 110958 110959 110960 110961 110962 110963 110964 110965 AMOUNT 45.00 209.01 1,969.67 800.56 1,409.80 544.38 214.60 10.92 261.76 150.17 34.08 380.00 248.74 150.00 393.84 223.50 479.66 4,642,137.49 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/10/2004 09 Check History GL540R-V06.60 PAGE 7 12/13/04 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUNBER AMOUNT 4,642,137.49 RECORDS PRINTED - 001596 ACS FINAi~CIAL SYSTEM 12/10/2004 09:39:19 FUND RECAP: FUND DESCRIPTION 101 201 203 212 213 240 261 265 276 401 415 420 601 602 603 604 609 652 653 701 720 6 ~7 TOTAL GENERAL COMMLINITY DEVELOPMENT FUND PARk-VIEW VILLA NORTH STATE AID MAINTENANCE PARK-VIEW VILLA SOUTH LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP LOCAL LAW ENFORCE BLK GRANT CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENT - PIR CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY REFUSE Fl/ND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND STORM SEWER CONSTRUCT. FI/ND CENTPJIL GARAGE DATA PROCESSING ESCROW IN-VESTMENT TRUST FLEX BENEFIT TRUST FUND ALL FUNDS Check History DISBURSEMENTS 80,796.86 5,758.63 71,454.00 754.15 15,729.81 10,553.96 696.20 1,250.70 4,254.68 6,338.11 175.78 267,852.17 83,293.55 4,082.21 197,106.42 414.87 362,737.22 1,177.33 2,250.00 29,299.44 2,884.22 480,568.10 3,000,000.00 12,709.08 4,642,137.49 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 4,642,137.49 4,642,137.49 CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fh'e APPROVAL NO: ITEM: Close Hem'ing BY: Charlie Thompson B '/ ~ ~ ~' Rental License Revocation .YL~~'~'"~:~'/ DATE: December 7, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Myrna Bourcy regm'ding rental property at 1132 40th Avenue N.E. for failm'e to meet the requirements of the Residential Maintenance Codes was previously scheduled to con2-nence at the City Council meeting of December 13, 2004. The public hem'ing on this property may now be closed in that the Violations on the property have been corrected. ~.c'C~MMENDED MOTION: Move to Close the Public Hearing Regm'ding the Revocation or Suspension of the Rental License Held by Myrna Bourcy Regarding Rental Property at 1132 40th Avenue N.E. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 95 CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: (9 .[~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson BY: .,/,)~, Rental License Revocation '~/'~ ~/4 DATE: December 7, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Haji Azam regarding rental property at 4935 University Avenue NE. for failtrre to meet the requirements of the Residential Maintenance Codes was previouSly scheduled to cormnence at the City Council meeting of December 13, 2004. The public hearing on this property may now be closed in that the violations on the prope~y have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Itaji Azam Regarding Rental Property at 4935 Universi~ Avenue N.E. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 96 CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~0 d Fire APPROVAL NO: BY/~/(z%/~'5//// I TE M: Close He aring BY: Ch arlie Thompson ~x~'//' ~ 6' /3~/7/~/,_/ Rental License Revocation DATE: December 7, 2004 DATE: NO': The matter of the revocation of the license to operate a rental trait(s) within the City of Cohm~bia Heights against Haji Azam regarding rental property at 4927 University Avenue NE. for failm'e to meet the requirements o£the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of December 13, 2004. The public hearing on this property may now be closed in that the violations on the prope~ have been con'ected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Haji Azam Regarding Rental Property at 4927 University Avenue N.E. h~ that the Violations on the Property have been Con'ected. COUNCIL ACTION: P. 97 CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~x2 '-~ Fire APPROVAL NO: , ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation DATE: December 8, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Colmnbia Heights against Edward Fragale regm'ding rental property at 1308-10 Circle Terrace Bird N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of December 13, 2004. The public hearing on this property may now be closed in that the violations on the prope15y have been con'ected. RECOMMENDED MOTION: Move to Close the Public Hem'ing Regarding the Revocation or Suspension of the Rental License Held by Edward Fragale Regarding Rental Property at 1308-10 Circle Terrace Blvd' N.E. in that the Violations on the PropelV have been Corrected. COUNCIL ACTION: P. 98 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: 6 ~ ORIGINATING DEPARTMENT: CITY MANAGER .-- PUBLIC WORKS .~~.~_~. ITEM: HUSET PARK MASTER PLAN REVIEW BY: K. Hansen BY: ~~;//?~/,~.~,?/, : ~,.. DATE: 12/09/~ DATE: / Background: The intent of a Master Plan for Huset Park is to provide a detailed plan of the entire park to work from. With fmancial constraints, complete redevelopment of the park is unlikely. Therefore, it is the desire of the Park and Recreation Commission and City Staffto have a detailed working plan to rehabilitate or rebuild elements of the park in phases, as fimding becomes available. Another element of the Master Plan will provide cost estimates of each park element or amenity. Analysis/Conclusions: The concept of the Huset Park redevelopment plan began with the premise of not adding any new athletic fields, but rearranging the existing fields and park amenities in a more logical and efficient manner. A pr/mary component of the plan development has been public input, Park & Recreation Commission review, City Council work session review and additional staffreview in use and review of site layouts. Specific components include a walldng trail around the entire park, providing senior facilities next to Murzyn Hall, spacing the athletic fields from the existing residential to the north on the east side, providing picnic shelters/areas on both sides of the park, and providing amenities and screening for the new industrial area redevelopment to the south on the west. Identifying and arranging adequate parking has also gone through several iterations for how it may fit into the park and also with the new Industrial Parkway (on-street), for which the feasibility report development is complete. An additional component of the plan has been the review of the surface hydrology and how those needs, such as water quality and storm water ponding, will fit into the park setting. The three issues identified above are what staffhas been evaluating/designing, which has consequently delayed the final plan development. A storm water study of the area is now complete. While any park redevelopment is required to meet our current Storm Water Plan requirements, the study does provide some opportunities to provide water related (pond) park amenities, similar to Prestemon Park. A consequence of this could be impacts to athletic fields. Additional review has resulted in various options in the overall park layout. Surface Water Management: integrating park amenities into the ponding plan Parking arrangement/traffic flow for Murzyn Hall Athletic Field Arrangement: with and without a T-Ball field The Park and Recreation Comission reviewed the various alternatives at their May regular commission meeting and recommended this final plan that preserves the number of athletic fields, including the T-Ball field. An open house - pubhc meeting was also held on September 29th at Murzyn Hall, with over 50 people attending. The feedback from that meeting was a strong support for the plan as currently arranged. Based upon all of the public input at that and previous meetings, minor changes in the site amenities was made and is incorporated into the final plan. Another change has been to provide additional screening and amenities south of the T-Ball field to better service the new development area. An estimate is also attached detailing each of the components in the proposed plan. A representative fi'om the Consulting firm of Bonestroo wiH present the Final Park Plan. Recommended Motion: Move to adopt the Huset Park Master Plan based upon the Master Plan conducted by the consulting firm of Bonestroo (BRA) and dated December, 2004. Attachments: Huset Park Plan Stmm~ary Cost Estin~ate COUNCIL ACTION: P. 99 55O 39C :o:: 700 ~x2 .... ?:: .c_ <:( 39TH -::;:J_. AVE Preliminary Cost Estimate Huset Park Athletic Complex Final Concept CiW of Columbia Heights BM File No. 332-02-111 Item Cost Site Preparation (Earthwork & Removals) Fields Huset East $ Huset West $ Parking (East & West) Trails (East & West) Community Activity Zones Pond, Landscaping, & Misc. Site Improvements Gazebos Picnic Shelter 161,535 298,016 Total First Phase: $ 356,862 $ 459,551 $ 162,800 $ 72,710 $ 173,065 $ 219,120 $ 132,000 $ 82,500 $ 1,658,608 Buildings / Ped Bddge Scorers Building Warming House Bridge to Island Trail Lighting Field Lighting Huset East Huset West Water Feature: Splash Pad $ 704,000 $ 297,OOO $ 77,0OO $ 176,000 $ 242,000 Future Phase(s): $ 1,078,000 $ 357,500 $ 418,000 $ 247,500 Total Future Phase: $ Total Estimated Construction Cost: $ 10% Construction Contingency Has Been Included In The Line Items Above 2,10t ,000 3,759,608 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Public Hearing ORIGINATING DEPARTI~IENT: CITY MANAGER'S NO: ~. ? Community Development APPROVAL ITEM: Adopt Resolution 2004-83, BY: Mark Nagel BY~ /,'.///~,.~ //,~_~///! Reallocation of CDBG Funds from the DATE: December 7, 2004 /~;:~ ~__/~..' ~ ~.,.~ .u.//-' Sale of 4607 Tyler Street BACKGROUND: Anoka County has made available $112,708.60, which was CDBG program income from the sale of 4607 Tyler Street NE on December 31, 2003. On June 14, 2004, a total of $80,722.87 was reallocated by Resolution 2004-33 to the demolition of the NEI Building leaving $31,985.73 for reallocation for other CDBG activities. In order to reallocate the remaining amount, a Public Hearing must be held to give citizens a chance to comment. The City Council can consider the resolution to reallocate these funds for the demolition of Burger King and the MGS Building. After approval the City Council, the request is then forwarded to the Anoka County HRA for their approval and the funds will be immediately available to the City. At the EDA meeting December 16th, they will consider the demolition bids for Burger King. The Iow bid is from Frattalone Company, Inc. for $28,616.76. Assuming approval, and upon purchase, the demolition of Burger King would take place. The remaining $3,368.97 would be used for partial payment for demolition of the MGS building. RECOMMENDATION: Staff recommends Adoption of Resolution 2004-83, Authorizing Reallocation of Community Development Block Grant (CDBG) Funds From the Sale of 4607 Tyler Street NE to the Demolition of Burger King and the MGS Building. RECOMMENDED MOTION: Move to close the Public Hearing. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-83, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2004-83, a Resolution Authorizing a Reallocation of Community Development Block Grant Funding through Anoka County. Attachments COUNCIL ACTION: h:\Consent2004\CL Res.2004-83, Reallocation of CDBG Funds P. 102 RESOLUTION 2004-83 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING THROUGH ANOICA COUNTY WHEREAS, the Department of Housing and Urban Development (HUD) monitors mad establishes criteria for the use of CDBG and HOME fmads; and WHEREAS, The Anoka Cotmty HRA anthorized the reallocation of $112,708.60 in CDBG funding from Project #327, 4607 Tyler Street, prograna income to Project #425, NEI demolition on Jtme 22, 2004; and WHEREAS, the City of Colmnbia Heights is requesting a reallocation of CDBG funds ~1-o111 project #425, NEI demolition; and *vVHEREAS, the City of Columbia Heights is required to publish notice of proposed CDBG reallocation in the local paper, allowing citizens 30 days to conmaent on the proposed change; and WItEREAS, the City Council must hold a public hearing mad consider a resolution to reallocate the fmads; and WHEREAS, the Anoka County HRA Board must in turn approve the reallocation request, after which the funds will be immediately available to the City; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the reallocation of Community Development Block Grant Funds; mad BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, briberY, graf~, lcickbacks, collusion, conflict of interest or unlawful or CmTupt practice; and NOW, THEREFORE BE IT RESOLVED that the City Cotmcil of the City of Columbia Heights, Minnesota has authorized staff to pursue the reallocation of these CDBG funds to be used for proposed CDBG eligible costs associated with the demolition of both the Burger King Restaurant, 3939 Central Avenue NE, and the MGS Building, 322 40th Avenue NE, Columbia Heights; and I certify that the above Resolution was adopted by the City Council. PASSED THIS: SECONDED BY: ROLL CALL: 1~3 Day of December, 2004 Patricia Muscovitz, Deputy City Cleric Juhemae Wyckoff, Mayor P. 103 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER No: -7/ 1 emcwo s . ITEM: SECOND READING OF ORDINANCE NO. BY: K. Hansen ~ BY: ~.".~c~27>~.~-?~ 1478 BEING AN ORDINANCE CHANGING THE DATE: 12/8/04~ DATE: STREET NAME OF RAIN-ER PASS TO RAINIER PASS Background: Residents on Rainer Pass snbmitted a petition to the Traffic Conm-fission to change the spelling to Rainier Pass. The petition was signed by 9 out of the 10 Colmnbia Heights' residents. The remaining property is for sale. The two properties in Fridley akeady spell the name Rainier. "Rainer" is the spelling on the original plat. The City Cmmcil has the authority to change street names by ordinance. The Traffic Commission recommended the street name be changed from Rainer Pass to Rainier Pass at their meeting on November 1, 2004. Analysis/Conclusions: Staffreconmaends the spelling of Rainer be changed to Rainier, based on the recommendation of the Traffic Commission. The first reading of Ordinance 1478 changing the street name of Rainer Pass to Rainier Pass was held on November 22, 2004. Reconnnended Motion: Move to waive the reading of Ordinance No. 1478, there being ample copies available to the pubhc. Reconm~ended Motion: Move to adopt Ordinance No. 1478, being an Ordinance changing the street name of Rainer Pass to Rainier Pass. rU.'jb At~raclnnent: Ordinance Petition COUNCIL ACTION: P. 104 ORDINANCE NO. 1478 BEING AN ORDINANCE CHANGING THE STREET NAME OF RAINER PASS TO RAINIER PASS The City of Columbia Heights does ordain: Section 1: The name of Rah~er Pass from hmsbruck Parkway to the north corporate limit of the City is hereby changed and shall hereafter be known and renamed as Rainier Pass. Section 2: Tlfis ordhaance shall be in full force and effect from mad after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor City of Columbia Heights, Minnesota Attest: P. 105 ~NG ST~ET ATLAS ifevin ~[an-ss n~ Director of ~blic ~o~ks Ci%y of Columbia Heights~ The purpos~ of this petition is to cause the erroneous spelling of the nam~ of our street robe corrected.. The original plat from 1960 spells' our street,"Pd~i~TER". The Uni%ed ~tates Postal Service spells it~ "Ranier". ~It is obvious' the origin.al intent was to spell it~"P~IER"after Mt. Rainier si~'~ce many streets in this Irn-~sbruck subdivision hav.~ names of Alpine origin. Th~ ~fing Street Atlas, used by taxi drivers and some emergency crews~ spells i~ correctly. Even Gens?el ~Iotors Buick Division tm%ows ho~ to spell. ~e~the undersig~ed, 'want the City of Columbia Heights to correct .this 45 year old error. Address on t%Ii?IER PASS P. 106 CITY COUNCIL LETTER Meeting of December 13, 2004 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: "~ f~' 2 Fire APPROVAL NO: ITEM: Establishing Property Maintenance BY: Charlie Thompson BY: Inspection Fees DATE: December 7, 2004 DATE: NO: Background: In 1989~ the City of Columbia Heights established a licensing and inspection program for rental property. The Fire Departmeut begm~ assisting with inspections relating to this program in i992 and was assigned responsibility for administering the program in 1994 as peat of the Fire Department budget. There currently are 600 licensed rental Properties in Columbia Heights, totaling 2,266 individual rental traits. Each rental propexx~y is required by Ordinance to be licensed to operate and must renew their license annually. The Fire Department conducts inspections of each individual trait, interior common areas and exteriors on a regular schedule as well as responding to complaints received. The last license fee increase was Janua13~ 2002. Analysis: Revenue received from am~ual rental licenses, trader the cmTent fee structure, is approximately $36,000. This revenue does not cover the cost of the program. The most ctm-ent cost estimate is $129,710. The difference in cost and revenue has been absorbed by the Fire Department Budget. Attached is our updated cost estimate and fotn' license fee proposals. The proposed fee structure has been simplified and spreads the costs more evenly. Of flae four proposals, the Fire Department is asldng the council to consider proposals 3-A and 3-B. Om' recommendation is proposal 3B. The revenue mnount is basically the smrte as 3-A but the costs are spread out to where om- services are used the most. Since the Council has directed that staff look at charging more of the cost directly to those who receive the service, we feel that these fees are supportable. However, if they wish to consider one of the other three fee schedules, we have prepared alternative resolutions for these options as well. Recommended Action: MOVE to waive the reading of Resolution #2004-92, there being ample copies available for the public. MOVE to adopt Resolution #2004-92, being a Resolution establishing Propez~y Maintenance Inspection Fees. CITY COUNCIL ACTION: P. 107 RESOLUTION NO. 2004-92 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establislfing of annual license fees; and and WHEREAS, the City has authorized changes to rental property licensing fees from time to time; WHEREAS, the City finds there is a f'mancial need to modify the rental property licensing fee at this time; and THEREFORE, BE IT RESOLVED, that the rental propen~y licensing fee structm'e listed below shall be adopted and effective March 1, 2005. Remal property license - 1 unit Rental property license - 2 units Rental property license - 3 to 10 units Rental property license - 11 thru 30 units Rental property license - 31 or more units No-Show Fee License Reinstatement after Revocation/Suspension $75.00 per unit $60.00 per unit $55.00 per unit $45.00 per unit $40.00 per unit $100.00 per no-show event 10 times mmual license fee Passed this Offered by: Seconded by: Roll Call: day of December 2004 Ayes: Nays: Attest: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk P. 108 RESOLUTION NO. 2004- BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of mmual license fees; mad WHEREAS, the City has authorized changes to rental property licensing fees fi'om time to time; and WHEREAS, the City finds there is a financial need to modify the rental propel~ licensing fee at this time; m~d THEREFORE, BE IT RESOLVED, that the rental property licensing fee st~qlcture listed below shall be adopted and effective Mm'ch 1, 2005. Rental property license - 1 to 10 units Rental property license - 11 thru 30 units Rental property license - 31 or more units No-Show Fee License Reinstatement after Revocation/Suspension $35.00 per unit $30.00 per unit $25.00 per unit $100.00 per no-show event 10 times mmual license fee Passed this Offered by: Seconded by: Roll Call: day of Decelnber 2004 Ayes: Nays: Attest: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk P. 109 RESOLUTION NO. 2004- BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinm~ce No. 853, City Code of 1977, pertaining to rental prope~%, licensing regulations provides for the establishing of mmual license fees; and WHEREAS, the City has attthorized changes to rental property licensing fees fi'om time to time; and WHEREAS, the City finds there is a financial need to modify the rental property licensing fee at this time; and THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective Mm'ch 1, 2005. Rental property license - 1 to 10 units Rental property license - 11 thru 30 units Rental prope~x~y license - 31 or more units No-Show Fee License Reinstatement after Revocation/Suspension $55.00 per unit $50.00 per unit $45.00 per unit $100,00 per no-show event 10 times annual license fee Passed this Offered by: Seconded by: Roll Call: day of December 2004 Ayes: Nays: Attest: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Cleric P. 110 RESOLUTION NO. 2004- BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of amaual license fees; mid WHEREAS, the City has authorized changes to rental property licensing fees froln time to time; and WHEREAS, the City finds there is a financial need to modify the rental property licensing fee at. this time; and THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective Mm'ch 1, 2005. Rental property license - 1 to 10 units Rental property license ~ 11 thru 30 units Rental property license - 31 or lnore units No-Show Fee License Reinstatement after Revocation/Suspension $45.00 per unit $40.00 per unit $35.00 per unit $100.00 per no-show event 10 times am~ual license fee Passed this Offered by: Seconded by: Roll Call: day of December 2004 Ayes: Nays: Attest: Mayor Juliemle Wyckoff Patricia Muscovitz, Deputy City Clerk P. 111 RESIDENTIAL MAINTENANCE CODE OPERATING EXPENSE UPDATED 12-1-2004 LINE EXPENSES i :' TOTAL2004 COST (2004) i : :BUDGET 1010 Rental Licensing Clerk - $46252.00 $46,252.00 100% 1010 Asst. Fire Chief- 40% $79998.00 $31,999.00 1010 Inspectors - pro-rated $500,300.00 $45,816.00 2000 Office supplies - 50% $500.00 $250.00 2011 Computer Equip. - pro-rated $6000.00 $500.00 2020 Computer Supplies - 40% $800.00 $320.00 2030 Printing - 60% $500.00 $300.00 3210 Telephone 12.5% $4142.00 $518.00 3220 Postage - 80% $3'150.00 $2520.00 4000 Copy Machine - 80% $'1544.00 $'1235.00 TOTAL 15645,t90;00 $i29;710100 P. 112 CURRENT LICENSE FEE SCHEDULE RESIDENTIAL RENTAL PROPERTY Rental License - 1 or 2 rental units Rental License - 3 or 4 rental units Rental License - 5 or rnore rental units Reinspectidn Fee No Show Fee License reinstatement after revocation or suspensi0.n: $22.50 per unit $75.00 per building $75.00 for the first 4 rental units, plus $10.00 per unit over 4. $100.00 for 1st and 2"~ reinspections. $300.00 for 3rd and subsequent reinspections. $100.00 per no-show event. 10 times the annual license fee NO. Of NO. Of Total# Costper Total units :BUildingsSfUnit, Building . 1 242 242 $ 22.50 $ 5,445.00 2 217 434~ $ 45.00 $ 9,765.00 3 14 4'2 $ 75.00 $ 1,050.00 4 38 152 $ 75.00 $ 2,850.00 5 4 ~20 $ 85.00 $ 340.00 6 8 48 $ 95.00 $ 760.00 7 15 105 $ 105.00 $ 1,575.00 8 6 48 $ 115.00 $ 690.00 11 29 319 $ 145.00 $ 4,205.00 12 2 24 $ 155.00 $ 310.00 14 2 28 $ 175.00 $ 350.00 17 9 i53 $ zuu.u.u $ i,845.00 20 4 80 $ 235.00 $ 940.00 ;22 2 44 $ 255.00 $ 510.00 34 I 34 $ 375.00 $ 375.00 35 2 70 $ 385.00 $ 770.00 40 1 40 $ 435.00 $ 435.00 75 1 75 $ 785.00 $ 785.00 77 1 77 $ 805.00 $ 805.00 85 ~ 85 $ 885.00 $ 885.00 146 1 146 $ 1,495.00 $ 1,495.00 TOTAL 600 2266 $36,185.00 P. 113 PROPOSED LICENSE FEE SCHEDULE :ITEM P~oPOSAL PROPOSAL PROPOSAL :PROPOSAL ~ ONE : TWO 3-A 3'a Rental License - 1 $35,00 per $45.00 per $55.00 per 1 Unit-$75.00 thru 10 rental Units unit unit unit 2 Units -$60.00 3-10 Units - $55.oo Rental License - 11 $30.00 per $40.00 per $50.00 per $45.00 per unit thru 30 rental units unit unit unit Rental License - 31 $25.00 per $35,00 per $45.00 per $40.00 per unit or more rental units unit unit Unit No Show Fee $100.00 per $100.00 per $100.00 per $100.00 per no-show no-show no-show no-show event event event event License reinstatement 10 times the 10 times the 10 times the 10 times the after revocation or annual annual annual annual suspension, license fee license fee license fee license fee P. 114 PROPOSAL ONE No, of No. of TOtal # C°st per Total units BUildingS of unitsunit 1 242 242 $ 35.00 $ 8,470.00 2 217 434 $ 35.00 $15,190.00 3 14 42 $ 35.00 $ 1,470.00 4 38 152 $ 35.00 $ 5,320.00 5 4 20 $ 35.00 $ 700.00 6 8 48 $ 35.00 $ 1,680.00 7 15 105 $ 35.00 $ 3,675.00 8 6 48 $ 35:00 $ 1,680.00 11 29 319 $ 30.00 $ 9,570.00 12 2.124 $ 30.00 $ ,-~,'~°'~.,~u'~'~ 14 12 28 $ 30.00 $ 840.00 17 9 153 $ 30.00 $ 4,590.00 20 4 80 $ 30.00 $ 2,400.00 22 2 44 $ 30.00 $ 1,320.00 34 1 34 $ 25.00 $ 850.00 35 2 70 $ 25.00 $ 1,750.00 40 1 ~40$ 25.00 $ 1,000.00 75 1 75 $ 25.00 $ 1,875.00 77 1 77 $ 25.00 $ 1,925.00 85 1 85 $ 25.00 $ 2,125.00 146 1 146 $ 25.00 $ 3,650.00 TOTAi 600 2266 : i $70,800,00 P. 115 PROPOSAL TWO No. of NO. of TOtal # COSt per Total Units Buildings of Unitsunit 1 242 242 $ 45.00 $10,890.00 2 1217 434 $ 45.00 $19,530.00 3 14 42 $ 45.00 $ 1,890.00 !4 38 152 $ 45.00 $ 6,840.00 5 4 20 $ 45.00 $ 900.00 6 8 48 $ 45.00 $ 2,160.00 7 15 105 $ 45.00 $ 4,725.00 8 6 48 $ 45.00 $ 2,160.00 11 29 319 $ 40.00 $12,760.00 t2 2 24 $ 40.00 $ 960.00 14 2 28 $ 40.00 $ 1,120.00 17 9 153 $ 40.00 $ 6,120.00 20 4 80 $ 40.00 $ 3,200.00 22 2 44 $ 40.00 $ 1,760.00 34 I 34 $ 35.00 $ 1,190.00 35 2 70 $ 35.00 $ 2,450.00 40 1 40 $ 35.00 $ 1,400.00 75 1 75 $ 35.00' $ 2,625.00 77 1 77 $ 35.00 $ 2,695.00 85 1 85 $ 35.00 $ 2,975.00 146 1 146 $ 35.00 $ 5,110.00 TOTAL 600 2266 ~ !$93,460~00 P. 116 PROPOSAL 3-A No. of No. of TOtal # COSt per TOtal units Buildingsof units unit 1 242 242 $ 55.00 $13,310.00 2 ,217 1434 $ 55.00 $23,870.00 3 14 42 $ 55.00 $ 2,310.00 4 38 152 $ 55.00 $ 8,360.00 5 4 20 $ 55.00 $ 1,100.00 8 8 48 $ 55.00 $ 2,640.00 17 15 105 $ 55.00 $ 5,775.00 8 6 48 $ 55.00 $ 2,640.00 11 29 319 $ 50.00 $15,950.00 12 2 24 $ 50.00 $ 1,200.00 14 2 ,--,o ~, ~-,., ¢ 50.00 $ 1,400.00 17 9 153 $ 50.00 $ 7,650.00 20 4 80 $ 50.00 $ 4,000.00 22 2 44 $ 50.00 $ 2,200~00 34 1 34 $ 45.00 $ 1,530.00 35 2 70 $ 45.00 $ 3,150.00 40 1 40 $ 45.00 $ 1,800.00 75 1 75 $ 45.00 $ 3,375.00 77 I ,.77 $ 45.00 $ 3,465.00 85 1 85 $ 45.00 $ 3,825.00 146 1 146 $ 45.00 $ 6,570.00 TOTAL 600 · 2266: : $116;120.00 P. 117 PROPOSAL 3-B NO. of NO, of Total # Cost per TOtal Units BUildingSof units unit 1 242 242 $ 75.00 $18,150.00 2 217 4.34 $ 60.00 $26,040.00 3 14 4.2 $ 55.00 $ 2,310.00 ~4 38 '152 $ 55.00 $ 8,360.00 5 4 20 $ 55.00 $ 1,100.00 6 8 48 $ 55.00 $ 2,640.00 7 15 105 $ 55.00 $ 5,775.00 8 6 48 $ 55.00 $ 2,640.00 11 29 319 $ 45.00 $14,355.00 12 2 24 $ 45.00 $ 1,080.00 14 2 28 $ 45.00 $ 1,260.00 17 9 153 $ 45.00 $ 6,885,00 20 4 80 $ 45.00 $ 3,600.00 22 2 44 $ 45.00 $ 1,980.00 34 I 34 $ 40.00 $ 1,360.00 35 2 70 $ 40.00 $ 2,800.00 40 1 40 $ 40.00 $ 1,600.00 75 I 75 $ 40.00 $ 3,000.00 77 1 177 $ 40.00 $ 3,080.00 '85 I 85 $ 40.00 $ 3,400.00 146 I 146 $ 40.00 $ 5,840.00 TOTAL 600 2.266 $117,255,00 P. 118 CITY COUNCIL LETTER MEETING OF: DECEMBER 13, 2004 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER NO:7 ~ ~ ~ FINANCE APPROVAL BY: ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRiTE BUDGET FOR THE YEAR 2005, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND DATE: DECEMBER 8, 2004 CANCELLING THE SCHEDULED BOND LEVY NO: On December 6, 2004 the City Council held a Truth in Taxation budget hearing. At the heating staff presented a more detailed presentation to residents regarding the proposed budget and the effect it would have on various departments. The hearing was attended by a much higher number of residents than normally attend the Truth in Taxation hearing. An overwhelming majority of these residents indicated that they would like to see a higher level of services in the City of Columbia Heights. A small number of residents indicated that they were concerned with the property tax increase. The attached resolution is a result of the information provided in the City Manager's proposed budget as discussed with the Ci.ty Council at various work sessions and as presented at the Troth in Taxation hearing. The resolution that the City Council adopted on September 13, 2004 setting a proposed budget and proposed levy included $250,000 for cost of living increases. This was over and above the City Manager's recommended levy. The attached resolution does not include the $250,000 cost of living increase. This resolution increases the 2005 levy by $544,726, the amomat that the City will be losing in local government aid. The City Manager's proposed resolution does not levy for any new expenses, any cost of living increases} or any add-baclcs to the proposed budget. It is the City Manager's proposal that all of these items be absorbed into the current budget level or be taken from ftmd balance. The attached resolution also includes a paragraph indicating that the City has adequate funds to make all bond payments ha 2005 and that a bond levy is not requh'ed. This paragraph is required by the County of Anoka to be included in our resolution simply as clarification that we do have adequate bond funding. In addition to the City Manager's reconmaendation for a levy, we are including an alternate motion that would allow for the adoption of the levy at a higher rate to include cost of living increases. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-84 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $5,991,988 and approving the HRA levy of $161,366. Able~,ax[ATE MOTION: Move to adopt Resoiution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,241,986 and approving the HRA levy of $161,366. ~VE:sms 0412081 COUNCIL Attachments COUNCIL ACTION: P. 119 RESOLUTION 2004 - 84 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2005, SETTING THE THE HRA LEVY, CITY LEVY, AND APPROVING NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2005 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,318,543 536,795 246,332 163,984 200,643 636,521 5,375 162,560 400,000 394,598 643,000 493,818 6,987,480 6,210,747 1,951,379 1,422,116 1,540,225 336,037 269,571 2,537,607 33,457,331 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2005: General Fund Community Development Fund Economic Development Fund State Aid Cable Televisi~)n DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund P. 1 2 0 Total Revenue Including Interfund E ransfers Revenue 8,318.543 536 795 246 332 163 984 200 643 5 375 162 560 4OO 000 394 598 643 000 493.818 6,987,480 6,210,747 1,951,379 1,422,116 1,540,225 336,037 269,571 2,537,607 33,457,331 RESOLUTION 2004 - 84 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2005, SETTING THE THE HRA LEVY. CITY LEVY, AND APPROVING Section C. property in said City of Columbia Heights, for the following purposes: The following sums of money are levied for the current year, collectable in 2005, upon the taxable 2OO4 2OO5 2OO5 Levy Lost LGA Levy 4,928,710 544,726 5,473,436 433,585 433,585 84,965 84,965 5,447,260 544,726 5,99t ,986 Estimated General Fund Levy Estimated Library Levy Estimated EDA Fund Levy Total Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2005 in the amount of $161,366. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2005 that is higher than the tax rate calculated for the city for taxes levied in 2003, collectable in 2004. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2005 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2005. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ................... day of ................. Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk, CMC P. 121 *****ALTERNATE***** RESOLUTION 2004 - 84 *****ALTERNATE***** RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2005, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2005 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,318,543 536,795 246,332 163,984 200,643 636,521 5,375 162,560 400,000 394,598 643,000 493,818 6,987,480 6,210,747 1,951,379 1,422,116 1,540,225 336,037 269,571 2,537,607 33,457,331 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2005: General Fund Community Development Fund Economic Development Fund State Aid Cable Television DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund P. 1 2 2 Total Revenue Including Interfb,,u ,,ansfers Revenue 8,318,543 536,795 246,332 163,984 200,643 636,521 5,375 162,560 400,000 394,598 643,000 493,818 6,987,480 6,210,747 1,951,379 1,422, ! ! 6 1,540,225 336,037 269,571 2,537,607 33,457,331 *****ALTERNATE***** RESOLUTION 2004 - 84 *****ALTERNATE***** RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2005, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Section C. The following sums of money are levied for the current year, collectable in 2005, upon the taxable property in said City of Columbia Heights, for the following purposes: 2004 2005 2005 2005 Levy Lost LGA Cost of Livin.q Levy Estimated General Fund Levy 4,928,710 544,726 245,590 5,719,026 Estimated Library Levy 433,585 4,410 437,995 Estimated EDA Fund Levy 84,965 84,965 Total 5,447,260 544,726 250,000 '6,241,986 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and ,Redevelopment Authority Tax Levy for the fiscal year 2005 in the amount of $161,366. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2005 that is higher than the tax rate calculated for the city for taxes levied in 2003, collectable in 2004. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2005 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2005. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ................... day of ................. Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk, CMC P. 123 City of Columbia Heights, Minnesota 2005 Proposed Budget Changes City Manager City Council Proposed Change 2005 Budget Explanation General Fund - 101 Mayor-Council 3050 Expert & Professional 5,100 (2,500) 2,600 3105 Training 3,500 (3,500) 0 3320 Out of Town Travel 4,000 (3,500) 500 8100 Contingencies 14,000 (4,000) 10,000 26,600 (13,500) 13,100 Special Events 4371 Royalty 6,000 (3,000) 3,000 4372 Float 5,000 (4,000) 1,000 11,000 (7,000) 4,000 City Manager 1010 Regular Employees 259,654 12,166 271,820 1210 PERA 13,876 642 14,518 1220 FiCA 19,105 911 20,016 1300 Insurance 19,980 6,660 26,640 1510 Worker's Compensation 2,246 75 2,321 314,861 20,454 335,315 Police 1010 Regular Employees 1,623,899 39,479 1;663,378 1020 Overtime 34,500 1,750 36,250 1031 Holiday 60,294 2,083 62,377 1041 Court Pay 14,274 793 15,067 1043 Training 14,274 793 15,067 1210 PERA 154,350 4,148 158,498 1220 FICA 37,943 651 38,594 1300 Insurance 199,800 6,660 206,460 1510 Workers Compensation 68,102 1,895 69,997 2,207,436 58,252 2,265,688 Health lnsurance lncrease 101 General Fund 27,720 240 Library 840 602 Sewer 1,680 701 Garage 840 720 IS 1,680 32,760 Library - 240 2170 Program Supplies 1,325 675 2,000 2171 General Supplies 3,950 950 4,900 2181 Periodicals 4,500 1,300 5,800 3050 Expert & Professional 14,000 1,285 15,285 3430 Advertising 600 200 800 24,375 4,410 28,785 Corn m unity Development - 201 · 1010 City Planner 0 11,900 11,900 1010 Building Inspector 0 7,475 7,475 0 19,375 19,375 ~Total Cuts and adds 114,751 ~ IN0te: These add backs, at the request of some City Council members, include adding 10 hours per week back to the Special Project Coordinators salary. Eliminate Facilitator Eliminate Training Reduce Travel Reduce Contingencies Reduce royalty events Reduce support to Float Add 10 hrs to Special Projects Coordinator Add 10 hrs to Special Projects Coordinator Add 10 hrs to Special Projects Coordinator Add 10 hrs to Special Projects Coordinator Add 10 hrs to Special Projects Coordinator Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer Add 24th Officer City will pick up 50% of the 2005 insurance increase Increase Supplies Increase Supplies Increase Periodicals Add Super Tuesdays Add Summer Reading Upgrade position Upgrade position G/Next/Resolution/Cuts 1). I 2 ~ City of Columbia Heights, Minnesota 2005 Proposed Budget Changes City Manager City Council Proposed Change 2005 Budget Explanation Assessments Special Project Revenue - 226 Com Dev - EDA Downtown Parking Maintenance - 405 Corn Dev- HRA Corn Dev- City Capital Imp - Gen Govt Bldg - 411 Library Capital Improvement Parks - 412 Public Works Public Works Storm Sewer Utility - 604 Public Works Public Works 0 7,822 7,822 0 7,822 7,822 0 6,150. 6,150 0 23,559.75 23,559.75 0 29,709.75 29,709.75 0 11,890 11,890 0 11,890 11,890 0 38,450.50 38,450.50 0 5,799.75 5,799.75 0 44,250 44,250 0 4,920.00 4,920.00 0 879.75 879.75 0 5,799.75 5,799.75 NEI - Land Only Parking Ramp Parking Ramp & Lot Library Huset Park Wargo Park Water Holding Pond Jackson Pond G/Next/Resolution/Cuts City of Columbia Heights, Minnesota Proposed Prope y Taxes 2OO3-2OO7 Printed ~r meeting of 11/29/04 2003 2004 2005 % of Proposed % of Property Taxes ,Actual Levy Adopted Levy Increase Levy Increase Library 433,585 433,585 433,585 EDA 140,569 84,965 84,965 General Fund 4,243,830 4,928,710 5,473,436 Total Levy 4,817,984 5,447,260 5,991,986 Increase from Prior Year N/A 629,276 544,726 i; Total Levy Certified to County 4,817,984 5,447,260 13.06% 5,991,986 10.00% Area Wide (Fiscal Disparities) t ,037,040 1,010,487 1,010,487 Local Levy 3,780,944 4,436,773 17.35% 4,981,499 12.28% ~ )jected Market Value Homestead Cr (646,380) (646,380) (646,380) ~/y Collected by the County 3,134,564 3,790,393 20.92% 4,335,119 14.37% IAmount of Levy Increase 629,276 544,726 2006 20O7 Proposed % of Proposed % of Levy Increase Levy Increase 433,585 84,965 5,811,816 6,330,366 6,598,832 338,380 268,466 6,330,366 5.65% 6,598,832 4.24% 1,010,487 1,010,487 5,319,879 6.79% 5,588,345 5.05% (646,380) (646,380) 4,673,499 7.81% 4,941,965 5.74% 338,380 268,466 Using Fund Balance to Offset Levy Fund Balance Used Total Levy Certified to County Area .Wide (Fiscal Disparities) Local Levy Projected Market Value Homestead Cr Levy Collected by the County IAmount of Levy Increase 2OO3 ,Actual Lev, 4,817,984 1,037,040 3,780,944 (646,380) 3,134,564 2OO4 Levy % of Adopted Increase 0 5,447,260 13.06% 1,010,487 4,436,773 17.35% (646,380) 3,790,393 20.92% 629,276 2005 Proposed I % of LevyI Increase 200,000 5,791,986 6.33% 1,010,487 4,781,499 7.77% (646,380) 4,135,119 9.09% 344,726 2OO6 Proposed % of Levy Increase 150,000 6,180,366 6.71% 1,010,487 5,169,879 8.12% (646,380) 4,523,499 9.39% 388,380 2OO7 Proposed % of Levy Increase 0 6,598,832 6.77% 1,010,487 5,588,345 8.09% (646,380) 4,941,965 9.25% 418,466 CITY COUNCIL LETTER MEETING OF: DECEMBER 13, 2004 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATiNG DEPT: CITY MANAGER NO: 7 FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY: BUDGET FOR THE YEAR 2005, SETTiNG THE CITY LEVY, APPROViNG THE HRA LEVY, AND DATE: DECEMBER 13, 2004 CANCELLING THE SCHEDULED BOND LEVY NO: Supplement to the council letter included in the Council Packet A request has been malce to include a third alternative motion for the adoption of the levy. That has been done and included below as ALTERNATE MOTION #2. To sunzrnarize, the following motions are: The city manager's recommended motion is the amount of last year's levy plus $544,726 that the City of Columbia. Heights will lose in LGA in 2005. This resolution includes the city council add baclcs coming from fund balance. Alternate motion #1 adds an additional $250,000 to the City Manager's recommended motion for cost of living increases. Alternate motion #2 adds an additional $110,551 to the City Manager's recommended motion for City Council add backs in the tax supported funds. This motion does not include the $250,000 cost of living increase. All motions include the $114,751 in expenses add baclcs that are on the list of 2005 Proposed Budget Changes. On the city manager's recommended motion this expense would come from fund balances. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-84 there being ample copies available to the public. RECOMMENDED MOTION: Move m adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $5,991,986 and approving the HRA levy of $161,366. ALTERNATE MOTION #1: Move to adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,241,986 and approving the HRA levy of $161,366. ALTERNATE MOTION #2: Move to adopt Resolution 2004-84 being a resolution adopting a budget for 2005, setting the City, Library and EDA levy at $6,102,537 and approving the HRA levy of $161,366. 0412081 COUNCIL Attachments COUNCIL ACTION: *****SHOWING ADDS***** RESOLUTION 2004 - 84 *****SHOWING ADDS***** RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2005, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2005 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Proposed Changes Expense 8,232,617 85,926 8,318,543 517,420 19,375 536,795 246,332 246,332 163,984 163,984 200,643 200,643 631,271 5,250 636,521 5,375 5,375 162,560 162,560 400,000 400,000 394,598 394,598 643,000 643,000 492,978 1,680 494,658 6,987,480 6,987,480 6,210,747 6,210,747 1,951,379 1,951,379 1,420,436 840 1,421,276 1,540,225 1,540,225 336,037 336,037 267,891 1,680 269,571 2,537,607 2,537,607 33,342,580 114,751 33,457, 331 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2005: General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Includin_q Interfund Transfers Revenue 8,318,543 536,795 246,332 163,984 2OO,643 636,521 5,375 162,560 400,000 394,598 643,000 494,658 6,987,480 6,210,747 1,951,379 1,421,276 1,540,225 336,037 269,571 2,537,607 33,457,331 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: RESOLUTIONS AND ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 'U A h{ CITY MANAGER' S APPROVALs. ITEM: RESOLUTION REGARDING EMPLOYER BY: LIND_AL. MAGE~EJ~i. ~:Z~~~~ NO: CONTRIBUTION TO INSURANCES FOR 2005 DATE: 12-7-04 ~l' DATE: Employer contribution to insurances were previously established for 2004-2005 for eligible non-union employees, and for 2004-2005 for eligible union employees as a result of contract negotiations, and in the case of Police Officers, arbitration. As you are aware, effective January 1, 2005, health insurance premiums will be increasing 21%. At the time the employer contribution to insurances was established, neither the City or the unions anticipated this dramatic increase. At the December 6, 2004, work session, staff presented a proposal to the council to assist those employees affected by this dramatic increase. Staff recommends contributing an additional $70 per month for calendar year 2005 only, for eligible union and non-union employees participating in family health insurance through the City. For union employees, such additional contribution would be effective once a memorandum of understanding was entered into between the City and the respective union(s). The cost of such change for 2005 for all affected employees would be $32,760. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2004-90, being a resolution regarding additional employer contribution to health insurance for 2005. COUNCIL ACTION: P. 127 RESOLUTION NO. 2004-90 RESOLUTION REGARDING ADDITIONAL EMPLOYER CONTI~ABUTION TO HEALTH INSURANCE FOR 2005 WHEREAS, employer contribution to insurances for eligible union mad non-union employees for 2005 were previously negotiated and established; WHEREAS, effective January 1, 2005, health insm'ance premiums will be increasing 21%; WHEREAS, neither the City nor the unions anticipated this &'amatic an increase in insurance premiums during the course of contract negotiations for the current bargaining agreements; WHEREAS, in an effort to help lessen the impact to employees of the sigmificant premimn increase while attempting to minimize the impact on the City budget; BE iT RESOLVED, that the empioyer Will contribute an additional $70 per month for calendar year 2005 for eligible union and non-union employees pm-ticipating in family health insm'ance through the City; BE IT FURTHER RESOLVED that such change will be effective for union employees once a memorandum of understanding is entered into between the City and the respective union(s). Passed this 13th day of December, 2004. Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patricia Mnscovitz, Deputy City Clerk/Council Secretatad P. 128 COLUMBIA I-[F. IGI-ITS - CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Items for OR!G!NA_T13qG DEPA_RTMENT: CITY Consideration - Ordinances/Resolutions CITY MANAGER' S MANAGER' S NO: -7 A .%.~ APPROVAL ITEM: Resolution 2004-88 being a BY: Walt F ehst BY: Resolution regarding the City Manager's DATE: November 30, 2004 DATE: compensation NO: At a recent work session, the City Manager raised the issue of an adjustment in compensation consistent with that given other employees for 2004 and 2005. It was recommended to give the City Manager the ...... ~ ....... COno.~,~nt ;,nth pay adjustments granted other employees: Effective July 1, 2004: Effective January 1, 2005: 2% pay adjustment 2% pay adjustment $555 per month Employer contribution to insurances As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of $8,000 per year. In lieu of the cash payment, the employee may choose to apply such mount toward a City-sponsored deferred compensation program. The attached resolution makes these changes to the City Manager's compensation. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2004-88 there being ample copies available to the public. Rt;CC~,r~!,,rD[;n MOT!ON: Move Manager's compensation. COUNCIL ACTION: P. 129 RESOLUTION NO. 2004-88 R_ESOLUT!ON R~GA_R_D!NG T!-IF~ CITY MANAGER'S COI~'ENSATION WHEREAS, at a recent work session, the City Manager raised the issue of an adjustment in compensation consistent with that given other employees for 2004 and 2005; and WHEREAS, the City Council recommended making modifications to the City Manager's compensation; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other employees: Effective July 1, 2004: Effective January 1, 2005: 2% pay adjustment 2% pay adjustment $555 per month Employer contribution to insurances As a form of additional compensation, the EMPLOYER shall pay on a pro- rated monthly basis up to a maximum of $8,000 per year. In lieu of the cash payment, the employee may choose to apply such mount toward a City- sponsored deferred compensation program. Passed this __ day of 2004. Offered by: Seconded by: Roll Call: Mayor Julieune Wyckoff Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 130 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM:RESOLUTION2004-91ACCEPTINGTHE BY: K. Hansen~_~ BY:~~ FEASIBILITY REPORT FOR HUSET PARKWAY AND DATE: 12/8/0 ~4[_~__.~ DATE: ORDERING PREPARATION OF PLANS AND SPECS Background: The Engineering Consultant Firm of SEH was hired by the City for the preparation of an engineering report detailing the scope of work for roadway and utility improvements in the industrial area, herein referred to as the Huset Parkwcay. The completed report is attached herewith for review and comment. The Huset Parkway is bounded by 372 Avenue on the south, north along the old raikoad ROW to 39t~ Avenue, east on 39th Avenue to Jefferson, and north to 40th Avenue. The report addresses the parkway aligmnent and inkastmcture needs through this industrial area of the City, consistent with the Industrial Area Redevelopment Plan accepted by the Council in 2003. Analysis/Conclusions: Attached is the Feasibility Report that details the scope of work for Huset Parkway. Particular issues are sun~narized below: 1. Parkway Design and Alignment: The Huset Parl~ay layout is based upon the design guidelines and aligxm~ent origh~ally proposed in the Industrial Area Redevelopment Plan dated November 2003. A new alignment following the old railroad ROW from 37th Avenue north to the intersection of 5t~ Street and 39th Avenue is proposed to follow a continuous parkway concept and to better serve the proposed development. The par~vay then continues along 39th Avenue to Jefferson Street. It then continues on a realigned Jefferson Street to accommodate future Huset Park redevelopment to 40th Avenue. The intersection of Jefferson and 39t~ provided a unique challenge to integrate a Parkway along with a skewed intersection. It is staff's recommendation that a round-about (figure 5) provides the best solution that is consistent with the parkway concept and best accommodates track-turning traffic for the existing Industrial properties to the east. The road design also incorporates on street parking in areas couveuient to Huset Park and the proposed development. 2. Utilities: Utilities have been reviewed for the Huset Parkway with staffufilized televising, history of water main breaks, age of water main and services, and C-Factor testing in determining utility replacements. SEll conducted a capacity analysis (Appendices B & C) of the water main and sanitary sewer in this area and have concluded that both have sufficient capacity for the proposed development. The C-Factor testing (heavy tuberculation), repair of water main breaks in this line, combined with the age of the pipe have led us to reconnnend replacing the water main in the project area. The sanitary sewer is in adequate condition and will only'require spot repairs and replacements or repairs to the manholes. New stom~ sewer will be placed to address flooding conditions at the intersection of 39t~ and Jefferson, and for the realigned roadway. 3. Streetscaping and Trails: Streetscaping has been designed following the general themes identified in the Industrial Area Redevelopment Plan and includes decorative street lighting (roadway and pedestrian), a paved bituminous trail, a concrete sidewalk, colored and banded concrete crosswalks, new boulevard trees, and other amenities such as entrance monumentation. The concrete color is proposed to be similar to that which was placed on Central Avenue. Additionally, the roundabout includes a circular median where shrubs/flowers may be planted along with additional signage. COUNCIL ACTION: -P. 13 1 CITY COUNCIL LETTER Meeting of: 12/13/04 AGENDA SECTION: CONSENT AGENDA ORIGINATENG DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2004-91 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR HUSET PARKWAY AND DATE: 12/8/04 DATE: ORDERING PREPARATION OF PLANS AND SPECS Continued - Page 2 4. Scope of Work: The work also includes: · Soils: extensive soil replacement due to the presence of soft clays and topsoils which is typical of this area. It is also assumed that some foundry waste will be encountered in the ROW requiring proper remediation. · Right-of-Way: Figure 9 in the report depicts parcels required for the new right-of-way (ROW) and road construction. It is expected that the ROW acqnisition will be a combined effort of the developer and City. Additionally, due to the new development, it is expected that some ROW may be vacated for other uses. 5. Financing: Huset Parkway: The estimated construction costs are as follows: 1. Roadway: 2. Sanitary Sewer and Water Main: 3. Storm Sewer and Ponding: 4. Streetscaping: Total: Project funding is proposed as follows: $1,341,000. $ 261,000 $ 798,000 $ 685,000 $ 3,085,000 Assessments $1,677,466. City State Aid: $ 800,000. Sanitary Sewer Fund: $ 31,000 Water Construction Fund: $185,000 Storm Sewer Fund: $155,660 Other: $ 235,880 6. Project Schedule: A tentative project schedule has been indicated on page 10 of the report. Recommended Motion: Move to waive the reading of Resolution 2004-91, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2004-91, which accepts the Feasibility Report for the Huset Parkway and order the preparation of plans and specifications. KU:jb Attachments: Resolution, Feasibility Report COUNCIL ACTION: P. 132- RESOLUTION NO. 2004-91 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND ORDERING THE PREPARATION OF PLANS AND SPECS FOR THE HUSET PARKWAY WHEREAS, The Huset Pm'kway is a roadway along Jefferson Street from 40t~ Avenue to 39th Avenue, continuing west to 5th Street, and then continuing Southwest along an abandoned raikoad right-of-way connecting to 37~ Avenue. WHEREAS, the report provides infomaation regarding whether the proposed project is feasible, necessary and cost effective, and . The City Council of Colunabia Heights hereby receives said report on December 13, 2004. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,085,000. A public hearing shall be held on such proposed improvements in the City Council Chambers at 590 40m Avenue N.E. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. That the location and extent of such huprovements is as follows: The Huset Parkway is a roadway along Jefferson Street from 40th Avenue to 39t~ Avenue, continuing west to 5th Street, and then continuing southwest along an abandoned raikoad right-of-way connecting to 37'h Avenue. Work includes required utility reconstruction, sub-base correction, new aggregate base, new bituminous surfacing, new concrete curb and gutter, pond construction, bituminous trail and sidewalk construction, tree planting, a roundabout, restoration, miscellaneous construction items and appurtenances. 4. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the engineering feasibility report December 6th, 2004, as prepared by the firm of SEH and accepted by the council December 13th, 2004. 6. These improvements shall also be known as City Project No 2004-04. The consulting firm of SEH and the City Engineer, Kevin Hansen, is hereby designated as the engineer(s) for ok SUCh Lmprovemem. lifts improvement. ~"-~ ne engineer snuu .............. prepare pmns aha specmcatmns' "~' '~" for the making .......... Dated this 13th day of December 2004. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Julierme Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk P. 133 CITY OF COLUMBIA HEIGHTS (i") Columbia Heights Industrial Area Redevelopment Huset Parkway Area Improvements Feasibility Report Columbia Heights, Minnesota City Project No. 2004-04 SEH No. A-COLHT0403.00 December 6, 2004 Plulridis¢iplined. Single Source. Trusted solutions for more than 75, years. December 6, 2004 Huset Parkway Area Improvements Columbia Heights Industrial Area Redevelopment Columbia Heights, Minnesota City Project No. 2004-04 SEH No. A-COLHT0403.00 Honorable Mayor and Members of the City Council City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Dear Mayor and Council Members: In accordance with your authorization, we are pleased to submit the enclosed feasibility report for the Huset Parkway Area Improvements. The proposed redevelopment of the Industrial Area has prompted the study of the area roadways and utilities so that the public improvements necessary to support the redevelopment can be identified and may be coordinated with other elements of the overall project. This report specifically addresses improvement recommendations for reconstructing Jefferson Street from 40th Avenue to 39th Avenue, and 39th Avenue from Jefferson Street to 5th Street. In addition, a new roadway alignment is proposed to follow the abandoned raikoad track between 5~ Street and 37th Avenue. This report identifies existing conditions, provides recommendations for specific elements, such as alignment, geometrics, typical sections, storm sewer and drainage, utilities, access and right-of-way, and also includes an opinion of probable cost for proposed improvements. The opinion of probable cost can be used by the City to assist in evaluating the financial viability of the project. Sincerely, //Sus~ M. Mason, PE k.~ncipal x:~ae~colht\040300keports&specs~r~husetpkwy.doc Short Ell[otc klendrickson ~nc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SE}-I is an equal opporruniry employer I www, sehinc,com ] 651.490.2000 I 800.325.2055 651.490.2150 fax Table of Contents (Continued) Appendix A Appendix B Appendix C Appendix D List of Appendices Traffic Study Sanitary Sewer Information C-Factor Testing Soil Borings Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page ii were used to assist in identifying issues and costs associated with the contaminated soils, as they relate to the proposed roadway and utility improvements. In conjunction with the many planning activities surrounding the redevelopment area, the City of Columbia Heights also initiated a study to determine needs and improvements for Huset Park. One of the goals of the park study was to identify any public needs that had potential to impact the design elements of the park. A feasibility study for storm water improvements was prepared for the City on May 12, 2004. The report addressed existing flooding conditions in the area and water quality needs for the redevelopment area. The water quality pond locations and drainage areas identified in the report are referenced and used as a basis for the storm sewer improvements presented in this report. A traffic study has been completed by SEH for the redevelopment area. The study evaluates the impacts of the proposed redevelopment and defines possible traffic improvements for the study area. A copy of the traffic study can be found in the appendix of this report. The public improvements proposed for Huset Parkway are addressed in this report. The cost estimates prepared for this report are based on preliminary design of various elements of the project and are intended to assist the City in further project planning and financing. 2.0 2.1 Project Elements Sanitary Sewer An analysis of the existing sanitary sewer system was performed as part of this study. The ability of the existing sewer system to carry the increased flows anticipated by the change in land use was evaluated. The condition of the existing underground pipe and service system was also reviewed. Field surveys have been conducted to assess the condition of the underground pipe. Existing sewer flows for the redeveloped area are shown in Table 1. The attached Figure 2 shows the project area and the sanitary sewer flow rates from each existing building, based on 100% of water use. Water usage records and manhole survey data, located in the appendix, were provided by the City. The anticipated sanitary sewer flows generated by the redevelopment are shown in the attached Table 2 and Figure 3. Assumptions for this analysis included: 3 people per residential unit, 75 gallons per person per day for residential use, 279 gallons per day for every 2400 square feet of commercial floor space. The peaking factors used in the analysis were received from Metropolitan Council Environmental Services (MCES). The percent utilized column on the far right side of Table 4 is only for the redevelopment area, and does not include flows from other areas that also pass through the pipe. The existing sewer flows exiting the system through MCES Meter Station M107 (located at the intersection of 37th Ave. and 5t~ Street) are shown in Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page 2 Table 5 and Table 6. Table 5 compares these flows to the total capacity of the sewer pipe at that location, based on the invert elevations provided by the City of Columbia Heights. The average design flow at this station is 1.84 million gallons per day (MGD) and the peak design flow is 5.35 MGD. The estimated flow at Meter Station M107, including the redevelopment area is expected to be less than the design flow. In conclusion, the sanitary sewer flows generated by' the proposed development will not exceed available reserve capacity of the City of Columbia Heights and MCES' sanitary sewer system. The existing condition of the existing sanitary sewer was investigated by surveying the condition of the pipe with television equipment. Sewer video tapes were reviewed and the defects noted. The existing pipe network and sizes are illustrated on Figures 2 and 3. Maj or repair needs to the pipe were not detected in the television report. It is recommended to repair the minor defects detected by lining the sewer with non-destructive technology methods. The survey conducted by the City for the sanitary sewer structures shows back-fall between Manhole #35C53 and Manhole #35C85. We recommend this area be resurveyed and/or televised to confirm the backfall so it can be addressed in final design. The existing clay pipe can be easily damaged if disturbed. Attention to other underground pipe construction and potential conflicts with the sanitary sewer will also need to be reviewed during final design. Proposed improvements for existing sanitary manholes include installation of new concrete inverts at the flow line and reconstruction of the top three feet of the manholes. Existing sanitary services will be abandoned if not needed for the redevelopment. New sanitary services are proposed to be installed for use by the new development. 2.2 Water Main An analysis of the existing water system was completed as part of the redevelopment study. The analysis included a comparison of actual water usage (from billing records) during the last four quarters versus projected water demand for the redevelopment, review of available fire flows, and recommendations for replacement or rehabilitation of existing water mains. Recent water usage for existing customers in the proposed redevelopment area totaled 4.75 million gallons (MG) over the last four quarters. Projected water demands based on preliminary redevelopment land uses and unit projections are just under 31 MG, marking a significant growth in water demand. Since the City is supplied with water wholesale from Minneapolis Water Works (MWW), additional supply capacity should be available. The western half of the City, including the proposed redevelopment area, is supplied directly by a gravity feed system that extends from a large MWW reservoir. Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page 3 The existing water main in the redevelopment area is comprised of a large percentage of 10-inch and larger trunk water mains, including both ductile iron and cast iron water mains constructed in the last 50 years. Some of these water mains have exhibited a high growth rate of tuberculation which restricts the effective pipe size, thereby reducing the ability of the mains to pass large volumes of flow and resulting in water quality complaints when portions of the pipe material flake off and stain the water. 'Tuberculation is the iron residue that results from corrosion and then collects in the pipe. Tuberculation is typically most pronounced in unlined cast iron water mains, such as those located along 39th Avenue between 5th Street and Jefferson Street and along 5~ Street between 37th Avenue and 39t~ Avenue, Although existing available fire flows are adequate to supply the area with emergency flow, it is desirable to upgrade the water main to a cement-lined ductile iron main. This improvement will result in better water quality over the long term for the system. In addition, replacement of the mains during street reconstruction is cost-effective. Replacement water mains will provide available fire flows in excess of 3,500 gpm. Water pressure in the area is expected to remain unchanged at approximately 70 psi. The pipe proposed for replacement is illustrated on Figure 4. 2.3 Drainage Redevelopment of the area provides an opportunity to correct existing flooding problems and to address the surface water runoff issues of water quality and rate control. These issues are more specifically addressed in the storm sewer report prepared for the City, dated May 12, 2004. The storm water improvement report identifies potential pond sites for the area. It also includes a solution and a conceptual cost estimate for the work required to resolve localized flooding in a nearby neighborhood. One pond proposed to address flooding problems would be developed in conjunction with future park redevelopment. Two additional ponds are proposed to be constructed in conjunction with the redevelopment of the industrial area. These ponds are illustrated on Figure 5. The water quality ponds are sized to treat the volume of runoff from a 2.5-inch rainfall event. Pond 2 in the southwest comer of the park will serve portions of the park, as well as redevelopment to the west and south of the park. The other pond referred to as Pond 4 is proposed for the southwest comer of 5th Street and 39t~ Avenue. This pond would provide water quality benefits for the redevelopment area at the northwest comer of 5~ Street and 37t~ Avenue. Pond 2 will directly impact the existing basketball court in the park, which is currently in poor condition. Runoff from the site currently drains to the south into existing storm sewer in the City of Minneapolis and ultimately discharges to the Mississippi River. According to the City of Columbia Heights Comprehensive Plan, downstream pipes are undersized for peak runoffs. The proposed water quality pond(s) do provide some retention of flow and will also provide a benefit to the downstream system by reducing peak discharge. Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page 4 2.4 2.4.1 New storm sewer is proposed to be constructed in the parkway, with pipe connections extending into the redevelopment parcels so that the surface water runoff can be discharged directly into the water quality pond(s). The condition of the existing storm sewer pipe that will remain after reconstruction of the roadway should be televised and reviewed for repair needs prior to f'mal design. Before construction can proceed, the Six Cities Water Management Organization must issue plan review and approval to satisfy surface water management regulations. Roadways The roadways in the redevelopment area are proposed to be reconstructed and realigned to better serve the new development. Currently, the site is served by a network grid of streets that generally run north/south and east/west. The corridor improvements include the construction of a 2-lane urban parkway that begins at 37th Avenue and follows an abandoned railroad corridor, continues to 39t~ Avenue along the south side of the Huset Park, and then curves northwards around the new ball fields proposed for the park. The parkway alignment is shown in Figures 5 and 6. An interim connection, phased such that the roadway improvements are made prior to park improvements, is illustrated on Figure 8. The width of the street is proposed to be 28 feet from face of curb to face of curb. In areas with on-street parking, street width will be 36 feet to 42 feet wide. Figure 7 shows a typical section with parking on one side. The plan view shows that the parking is proposed to be on both sides of the street between the park and the new development and on one side on the north leg of Jefferson in the park. The study has developed two alternate layouts for the parkway. The differences in the alternates are limited to the intersection configuration at Jefferson, Madison, and 39th Avenue. Option A (Figure 5) shows a roundabout that effectively manages the flow of traffic along the parkway and to the other streets. Option B (Figure 6) illustrates two closely spaced "T" intersections. New street and driveway connections to the parkway will need to be reviewed once the redevelopment site plan is submitted. Access located too close to the roundabout intersection will not be desirable. The existing access to the property, located on the north east corner of 37th Avenue and the proposed parkway, will be impacted by the new construction. Other alternate access locations from the new parkway will need to be developed and discussed directly with the property owner. The roundabout intersection option impacts a comer of the existing ball field. Field surveys will need to be obtained to determine the exact impact and an interim solution for the ball field. Traffic The traffic study found in the appendix examined the traffic impacts that the proposed redevelopment would impose on the supporting roadway system and key intersections. The study forecasts new average daily traffic projections based on the redevelopment site design, identifies the traffic impacts at seven key intersections within the redevelopment area, and includes a Level of Service (LOS) analysis for those intersections. Columbia Heights Industrial Area Redevelopment City o! Columbia Heights A-COLHT0403.00 Page 5 2.4.2 2.5 The study found that there are no roadway deficiencies within the study area for existing or future (2025) conditions, even when the proposed redevelopment is included. The proposed changes to the area streets and the construction of the parkway will adequately serve the traffic circulation of the study area. The study specifically addresses each of the proposed street vacations, new intersection(s) and realignments. The traffic study evaluates the intersection options at Jefferson and 39th Avenue and recommends the roundabout Option A, (Figure 5) as the preferred intersection design, because Option B, (Figure 6), with two closely spaced T intersections results in awkward turning maneuvers, especially for large trucks, creating operational issues for drivers. The study recommended that it is desirable to create additional width on 37t~ Avenue that will accommodate turning movements at the parkway and TH 47. Since 37t~ Avenue is a two-lane road with parking on both sides, the width necessary for the turn lanes could be realized without reconstruction by prohibiting parking on the segment of 37t~ Avenue in the area of the parkway to 5t~ Street and by striping the pavement accordingly. Subsurface Conditions In addition to the multiple environmental borings taken on the adjacent redevelopment properties for previous studies, eight geotechnical borings were taken along the proposed roadway alignment for Huset Parkway. A number of the borings indicate the presence of debris fill and buried topsoil. Other subsurface materials at the'site consist of glacial till and alluvial deposits. Some of the fill consists of foundry waste, which is a combination of slag and sand. The existing pavement depth varied from 13 inches to as much as 19 inches thick. A 2-foot to 4-foot subcut with replacement backfill is recommended in the area of the new aligmnent from 37m Avenue to 5th Street due to the presence of soft weathered till and fill mixed with topsoil that is not suitable for roadway subgrade. A 4-foot subcut with replacement backfill is also recommended as the parkway approaches Jefferson Street and also extending north about 200 feet. At this location, the borings indicate the presence of fill materials mixed with construction debris and foundry sand. The R-value, or the value that describes the strength of the subgrade material with respect to pavement design, is 20. It has been assumed that the existing material removed and replaced with granular material under the roadway will need to be hauled to a construction debris landfill due to the nature of the contamination found in the area. Urban Design/Landscaping The City's 1999 Comprehensive Plan and the 2003 Industrial Area Redevelopment plan emphasizes the need for changes in the industrial areas' land use, not only because of the continued deterioration of the area, but also because of its close proximity to Huset Park and surrounding residential area. This feasibility study not only addresses roadway design and utilities, but also the urban design enhancements that are inter-related. Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page 6 combined effort by the developer and City. The developer is expected to dedicate right-of-way adjacent to the properties proposed for redevelopment. The light green shaded areas (labeled lB and lC) are existing street rights- of-way. The City is considering vacating them for use by the developer. Area iA is currently owned by Mn/DOT and efforts are underway to discuss vacation of a portion of the frontage road right-of-way. Easements for existing utilities will need to be preserved. Temporary construction easements may be needed from abutting properties. The timing of the right-of-way acquisition is critical to the proposed schedule of the project. The City has initiated title work and has ordered appraisals for some of the key parcels necessary to begin the acquisition process. 3.0 Estimated Costs and Recovery The estimated project costs for the proposed improvements are as follows and include construction cost, 10 percent construction contingencies, and 25 percent for engineering, administration, fiscal and legal costs. The project costs do not include costs for capitalized interest as right-of-way. The costs are based on the preferred Option A, roundabout intersection design. Water main improvements are proposed to be funded through the City's Water System Utility Fund. Sanitary sewer improvements are proposed to be funded through the City's Sanitary System Utility Fund. Utility services will be assessed 100% to the benefiting properties. Financing for the roadway, drainage and landscaping will come from a combination of special assessments, TIF financing, and through the Municipal State Aid (MSA) funding allotment the City receives from the State of Minnesota The following table summarizes the estimated project costs and proposed cost participation: Columbia Heights Industrial Area Redevelopment City of Columbia Heights A-COLHT0403.00 Page 8 City of Columbia Heights - Huset Parkway 7/14/2004 Item Estimated Project Costs Estimated Project Funding Funding Source City Developer Sanitary Sewer 31,000 31,000 City Sanitary Utility Fund Water Main 185,000 185,000 City Water Utility Fund Services 45,000 45,000 100% Developer Storm Sewer 362,000 155,660 206,340 Based on C x drainage area Ponding 436,000 222,360 213,640 Based on C x drainage area Roadway 1,841,000 South end to 5th St 478,660 478,660 Front foot split - 26% 5th St. to Jefferson 810,040 405,020 405,020 Front foot split - 44% Jefferson to 40th 552,300 552,300 Front foot split - 30% Landscape 283,000 147,160 135,840 Front foot split Lighting 402,000 2091040 192,960 Front foot split Total Project Costs 3,585,000 1,907,540 1,677,460 Phased Roadway -500,000 -500,000 (N/S portion in park) Total 1 st Phase 3,085,000 1,407,540 1,677,460 4.0 5.0 Estimated Schedule The following schedule is proposed for improvements to Huset Parkway Council Receives Feasibility Report ................................ December 13, 2004 Council Accepts Report / Orders Plans and Specifications ...................................................... December 13, 2004 Public Improvement Hearing ........................................................ March 2005 Plans to Mn/DOT State Aid for Review ....................................... March 2005 Council Authorizes Ad for Bid/Advertise for Bids ......................... May 2005 Open Bids ........................................................................................ June 2005 Contract Award ............................................................................... June 2005 Construction ................................................................ July - November 2005 Construction Complete ................................................................. Spring 2006 Summary and Recommendations The proposed improvements to Huset Parkway are feasible, necessary and cost effective. The recommendations to the Industrial Redevelopment Area for roadways and trails/sidewalks will result in improved access, safety and traffic flow and will support the proposed development and surrounding neighborhood. Utility improvements along the proposed project area will also result in benefit to the new development, local area residents and businesses. Based upon this preliminary engineering report, we recommend the following: The City accept this Preliminary Engineering Report on December 13, 2004, and order the preparation of plans and specifications for the project. Columbia Heights Industrial Area Redevelopment A-COLHT0403.00 City of Columbia Heights Page 10 List of Tables Table 1 - Existing Flows for Affected Buildings Table 2 - Proposed Flows Generated by Redevelopment Table 3 - Right-of-Way Acquisition 7/7/2004 Table 1 Existing Flows for Affected Buildings Total Cum. Cum. Existing Pipe Percent utilized From To Avg. Flow Cum.Avg. Peaking Peak Peak Pipe Existing Capacity Redeveloped MH MH Resi.+ C/I Flow Factor Flow Flow Size Pipe n=0.013 area only (MGD) (MGD) (from (MGD) (CFS) (in) Slope (CFS) (%) (1) MCES) (2) 35D37 35C43 0.0004 0.0004 4 0.0015 0 12 0.25% 1.79 0% 35C43 35C52 0.0008 0.0012 4 0.0047 0.01 12 0.25% 1.79 1% 35C54 35C51 0.0005 0.0005 4 0.0021 0 12 1.00% 3.59 0% 35C45 35C51 0.0005 0.0010 4 0.0040 0.01 12 1.17% 3.88 0% 35C51 35C52 0.0000 0.0010 4 0,004 0.01 12 0.48% 2.49 0% 35C52 35C53 0.0001 0.0022 4.00 0.009 0.01 18 -1.45% BACK -FALL 35C53 35C48 0.0008 0.0031 4.00 0.0123 0.02 18 0.61% 8.27 0% 35C88 35C48 0.0000 0.0000 4.00 0.0000 0.00 12 0.22% (3) 1.61 0% 35C48 EXIT 0.0000 0.0031 4.00 0.0123 0.02 18 0.61% 8.27 0% (1) Total Average flow for Residential and Commercial from water use billing. Assumes 100% of water use is conveded to sewer fl( (2) Cumulative Peak Flow / Existing Pipe Capacity (3) 10-States Standards recommended min. slope used due to Lack of Invert Elevations. Table 2 Proposed Flows Generated by Redevelopment Total Cum, Cum. Existing Pipe Percent From To Residential Comm/Indst Avg. Flow Cum. Avg. Peaking Peak Peak Pipe Existing Capacity Utilized MH MH No. of Units Avg. Flow C/I ~,vg, Flov Resi.+C/l Flew Factor Flow Flew Size Pipe n=0.013 Redeveloped Flats Co-op Townhome Townhome Townhome (MGD) (SF) (MGD) (MGD) (MGD) (from (MGD) (CFS) (in) Slope (CFS) areaonly (%) A B C (1) (2) MCES) (%) (3) 35D37 35043 40 0.0045 11650 0.0013 0.0058 0.0058 4.00 '0,0232 0.04 12 0,25% 1,79 2% 35043 35052 80 0.009 0.0090 0.0148 4.00 0.0592 0,09 12 0.25% 1.79 5% 35054 35051 8 56 14 0.0176 0,0176 0.0176 4.00 0,0704 0,11 12 1.00% 3.59 3% 35045 35051 204 4 28 14 0.0333 , 0.0333 0.0509 4.00 0.2036 0.31 12 1.17% 3.88 8% 35051 35052 0.0000 0.0509 4.OO O.2O36 0.31 12 0.48% 2.49 12% 35052 35053 0.0000 0.0657 4.00 0.2628 0.41 18 -1.45% BACK-FALL 35053 35048 39 20 0,0133 0.0133 0.0790 4.00 0.3160 0.49 18 0.60% 8.20 6% 35088 35048 48 0.0054 0.0054 0.0054 4.00 0.0216 0.03 12 0.22% (4) 1.61 2% 35048 EXIT 0.0000 0.0844 4.00 0.3376 0.52 18 0.60% 8.20 6% (1) Avg. Flow = (((Flatxl.5)+(Co-op x3)+(Townhome Ax3)+(Townhome Bx3)+(Townhome Cx3)) x75 GPCD)/1,000,000 (2) Avg. Flow = (Area SF '274/2400)/1,000,000 {3) Cumulative Peak Flow / Existing Pipe Capacity (4) 10-States Standards recommended rain. slope used due to Lack bf Invert Elevations. 7/8/2004 Table 3 Right of Way Parcel Current Area Number Property Owner Property Address Site Description sq ft. 21 D.R.&S. Smith 450 38th Avenue Machine Shop 2,750 15 Grief Bros. 317 37th Avenue Future Development Phase 32,550 Former Cargill Linseed Oil 16 F. & M. Miske 455 37th Avenue Storage 2,020 14 3800 5th St. LLC 3901 5th Street Future Development Phase 109,700 28 B.P. Video, LLC 550 39th Avenue Phase One Development 3,580 City of Columbia 29B Heights 551 39th Avenue Huset Park Parcel 7,290 30 B.P. Video, LLC 600 39th Avenue Phase One Development 1,800 49 Kremer & Davis, Inc. 3900 Jefferson Street Waterproofing Contractor 11,350 Region Truck-Equip, 31 LLC 820 39th Avenue Phase One Development 9,550 30 B.P. Video, LLC 600 39th Avenue Phase One Development 1,540 City of Columbia 29A Heights 551 39th Avenue Huset Park Parcel 7,460 City of Columbia 29C Heights 551 39th Avenue Huset Park Parcel 35,170 Total ROW to Acquire 224,560 lA Mn/DOT TH 47 Frontage Road City of Columbia 1B Heights 39th Avenue City of Columbia 1C Heights 5th Street Potential Excess Right of Way 51,990 Potential Excess Right of Way 34,650 Potential Excess Right of Way 13,300 Total Excess Right of Way 99,940 List of Figures Figure 1 - Project Location Figure 2 - Existing Sanitary Sewer Flow Figure 3 - Proposed Sewer Flows to the System Figure 4- Water Main Existing System/Proposed Improvements Figure 5 - Option A - Roundabout Figure 6 - Option B -'~F' Intersection Figure 7 - Typical Section Figure 8 - Interim Connection Figure 9 - Right-of-Way Figure 10- Storm Sewer Layout SEH North Figure 1 Project Location Huset Parkway Feasibility Report july 2004 SEfl 0 North ............. 8' Pipe ....... 9" Pipe 10" Pipe 12" Pipe 15' Pipe 18' Pipe Figure 2 Sanitary Sewer Existing Flows to the System Huset Parkway Feasibility Report SEH 0 North .... 8' Pipe .......... 9' Pipe 10' Pipe ~ 12' Pipe 15" Pip, 18' Pip, Iulv 2004 SEH North 6" Pipe 8" Pipe ........... 10" Pipe ---~-- 12" Pipe Replace Cas Iron Pipe Future Housing I0' Future Housing Roadway Pond Existing Stop ___~Sidewalk--!~ - Gateway Extension Entry l~lonument -lousing Phase I Deve SE~ North 0 50 100 200 Feet Future Housing I O' Bitt Future Housing Exiscing Transit SrO Gateway_ Entry Monument L Housing Phase I D, SEH North 0 50 100 200 Feet Tld~r 9flfll · 4t Trail t0' Parking Figure 7 Typical Parkway HUSET Connect & to Existin I0' Bituminous Trail Play &: Sidewall< B Extension SSWalk, Typ. i Kinetic S. culpture & Plantings £E~ ~o~ o~o 100 Feet Figure 8 Interim Connection Huset Parkway Feasibility Report 40th Avenue Required Right of Way Excess Right of Way Figure 9 Right of Way Huset Parkway Feasibiltv Report 40th Avenue h coNNEcTION FROM FUTURE DEVELOPMENT--~ k ..... ~O~,INECTION FROM Figure 10 Storm Sewer Layout Huset Parkway Feasibilty Report Appendix A Traffic Study City of Columbia Heights Huset Parkway Traffic Study I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Date: December 6, 2004 Re viewed Lic. No.: !86!2 Traffic Study Huset Parkway Project A-COLHT0403.00 1.0 Background and Purpose The City of Columbia Heights is considering the feasibility of constructing a parkway along Jefferson Street NE from 40t~ Avenue NE to 39th Avenue NE, then continuing west along 39th Avenue NE to 5th Street NE and then continuing along an abandoned railroad right-of-way and connecting into 37th Avenue NE. This parkway will serve as the primary access for the proposed Industrial Redevelopment area, as detailed in the Industrial Area Redevelopment Plan. The City has authorized SEH to perform a traffic study to evaluate the impacts of the proposed Industrial Redevelopment and to determine possible traffic improvements for the study area. The first phase of the Industrial Area Redevelopment is anticipated to start in 2005. At this time, it is not certain when full build-out of the industrial redevelopment area will occur. To investigate traffic impacts, a 20-year horizon year (2025) was used for the study. It is the purpose of this study to examine the traffic impacts that the proposed redevelopment will impose on the supporting roadway system and key intersections. 'In pursuit of this purpose, the following procedures were undertaken: 1. Determine the traffic that will be generated by the proposed redevelopment in terms of weekday and peak hour volumes and distribute this site-generated traffic to the supporting roadway system and key intersections. 2. Collect traffic data to document existing average daily traffic (ADT) for roadways in the study area and conduct AM and PM peak period counts at the key intersections. Perform level of se~ice (LOS) analyses for existing conditions at the key intersections. The key intersections in the study area are as follows: TH 47 (University Avenue) & 37th Avenue · TH 47 & 40th Avenue 37th Avenue & 5th Street · 39th Avenue & 5th Street · 39th Avenue & Jefferson Street · 40th Avenue & Jefferson Street 3. For the year 2025, develop ADT projections for the roadways in the study area and develop AM and PM peak hour projections for the key interSections. 4. Perform LOS analyses to determine the ability of the key intersections and roadway system to accommodate the projected 2025 traffic volumes. Page 1 of 1 2.0 3.0 5. Identify roadway and/or intersection improvements that may be necessary to mitigate any traffic problems indicated by the traffic analyses. Also address the feasibility of disconnecting 5th Street from the new parkway and of abandoning the frontage road east of TH 47 (University Avenue). 6. Develop conclusions and recommendations for the roadways and key intersections affected by the proposed redevelopment. Trip Generation Land use information for the proposed Industrial Redevelopment area was obtained from the City. "Master Plan", dated 6/11/04, is the concept site plan that provides the land uses assumed for the traffic study. This concept plan indicates that 183 town homes, 80 co-op residential units, 296 flats, and 11,650 square feet of commercial space are proposed for the Industrial Redevelopment area. Trip generation rates were derived from Trip Generation, 7th edition, Institute of Transportation Engineers (ITE), 2003. Average weekday, AM peak hour, and PM peak hour rates and volumes for the proposed land uses are shown in Table 1. At full build-out, the proposed Industrial Redevelopment area is expected to generate an average weekday traffic volume of 3,794 vehicles/day, an AM peak hour volume of 326 vehicles/hour, and a PM peak hour volume of 349 vehicles/hour. The directional distribution used to assign site-generated trips to the roadway system and key intersections is shown in Figure 1. The directional distribution shown in Figure 1 is based on the proposed connections to the area roadway system, general flow of traffic in the area, and the location and intensity of land uses within Columbia Heights and the surrounding communities. The directional distribution percentages were applied to the site-generated traffic from Table 1, and the resulting AM and PM peak hour traffic assignments for the site-generated traffic are shown in Figure 2. Existing and Forecast Traffic Volumes City staff conducted turning movement counts at the key intersections for the AM and PM peak traffic periods during the weeks of March 15th and 22nd, 2004. The AM Counts were taken from 7:00 AM to 9:00 AM, and the PM counts were taken from 2[:00 PM to 6:00 PM. The existing AM and PM peak hour volumes were determined for the key intersections and are shown in Figure 3. Existing average daily traffic (ADT) data for the roadway system in the area was obtained from Minnesota Department of Transportation (MNDOT) Traffic Volume Maps. Year 2002 ADT maps were the most current information available. Also, during the week of March 22nd, 2004 SEH conducted 48-hour tube counts on the Service Road east of TH 47, on 5th Street north of 37th Avenue, and on Jefferson Street north of 39th Avenue. ADT information for existing conditions for the roadways in the area is shown in Figure 5. Page 2 of 2 4.0 In order to forecast 2025 traffic volumes for the roadways and key intersections in the area, a two step process was used. The first step of the process was to add "background" growth to the existing traffic in the area, and the second step was to add the site-generated traffic from the proposed Industrial Redevelopment area. The 2025 forecast volumes with the proposed redevelopment for the AM and PM peak hour are shown in Figure 4. Figure 5 shows the 2025 ADT forecasts with the proposed redevelopment. In order to forecast background traffic volume increases (increases without the proposed redevelopment in place) for the roadways and key intersections in the study area, an annual percentage growth factor was developed. The traffic data from the Columbia Heights Transportation Plan (SRF, 2000) indicates annual traffic growth percentages in the range of 0.3% to 0.6% per year for the roadways in the study area. Based on this data, an annual growth percentage of 0.5% per year was assumed for this study. Historical ADT data for roadways in the area for the period 1992 to 2002 was also reviewed, and this data suggests that the 0.5% per year growth factor is reasonable for the roadways in this area. In determining the 2025 forecast volumes with the proposed redevelopment, traffiC assignments were influenced by some roadway alignments/configurations that were assumed to be part of the redevelopment. The low traffic volumes on the Service Road between 37th Avenue and 40th Avenue and on 38th Avenue between the Service Road and 5th Street (ADTs of 170 and 160, respectively) suggest that these roadways could be eliminated without any significant effect to traffic circulation in the area. For 2025 conditions, it was therefore assumed that these two roadway segments would be eliminated and that access from the westerly redevelopment area would be oriented toward the new parkway and 5th Street. Also, it appears feasible to shift the traffic on 5th Street south of 39th Avenue to the new parkway without causing any significant traffic circulation problems. Therefore, for 2025 conditions, it was assumed that the segment of 5th Street between 38th Avenue and 39th Avenue would be closed to traffic, and traffic from this segment would shift to the new parkway. Level of Service Analyses Level of service (LOS) analyses were conducted for the key intersections in the study area for three conditions or scenarios: Existing (2004) conditions; existing geometry and traffic volumes without the proposed redevelopment · No Build 2025 conditions; existing geometry with traffic volumes increased to account for background traffic growth, but without the proposed redevelopment · Build 2025 conditions; new parkway and revised street alignments with traffic volumes increased to account for background traffic growth and traffic generated by the proposed redevelopment Page 3 of 3 For each scenario, AM peak hour and PM peak hour conditions were examined. The No Build 2025 traffic volumes were developed simply by applying the 0.5% per year growth factor to existing traffic volumes. LOS is a qualitative rating system used to describe the efficiency of traffic operations at an intersection or along a roadway segment. Six LOS are defined, designated by the letters A through F. LOS A represents the best operating conditions (no congestion) and LOS F represents the worst operating conditions (severe congestion). For urban areas such as Columbia Heights, LOS D is considered acceptable operating conditions. The LOS analyses were performed using the Synchro (Version 5) software package. For signalized and unsignalized intersections, Synchro uses the methods outlined in the 2000 Highway Capacity Manual (HCM). LOS for intersections is determined by the average delay per vehicle. Control delay includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay/ The range of control delay for each LOS is different for signalized and unsignalized intersections. The expectation is that a signalized intersection is designed to carry higher traffic volumes and experience greater delays than an unsignalized intersection. The LOS criteria for signalized and unsignalized intersections is shown in Table 4. The results of the traffic operations analyses for the key signalized intersections is shown in Table 2, while the results for the key unsignalized intersections is given in Table 3. In addition to the LOS information, Synchro also provides queuing information and has a micro-level simulation program called SimTraffic (individual vehicles are modeled using the roadway system). These two additional soui:ces of information were examined as part of the traffic operations analyses. The reason for considering this additional information is that the intersection LOS information provided assumes that each intersection is isolated and does not consider the effects of queue spill-back from adjacent intersections. The analyses indicate that, for all scenarios, the key intersections operate at acceptable LOS, with all the signalized intersections operating at LOS B and most of the unsignalized intersections operating at LOS A. The queuing and SimTraffic information also did not indicate any traffic operations problems at any of the intersections for existing or future conditions. The LOS information presented in Table 3 for Build 2025 conditions assumes certain conditions at the following three key intersections: · At the 37th Avenue/5th Street intersection, there is no control for the 37th Avenue approaches and stop sign control for the 5th Street approaches. At the 37th Avenue/Huset Parkway intersection, there is no control for the 37th Avenue approaches and stop sign control for the Huset Parkway approach. Page 4 of 4 5.0 At the 39th Avenue/Jefferson Street intersection, there are actually two closely spaced T-intersections. The results in Table 3 represent the westerly T-intersection of Huset Parkway and 39th Avenue. There is no control for the Huset Parkway approaches and stop sign control for the 39th Avenue approach. Alternative traffic control or intersection configurations were analyzed for these three intersections. At the 37th Avenue/5th Street intersection and 37th Avenue/Huset Parkway intersection, all-way stop control was analyzed. At the 39th Avenue/Jefferson Street intersection, replacing the existing 4-leg intersection with a roundabout was investigated. The analysis indicates that, for Build 2025 conditions, all-way stop control can technically operate acceptably at both the 37th Avenue/Huset Parkway intersection and the 37th Avenue/5th Street intersection. Both intersections would operate at LOS A for the AM peak hour and at LOS B for the PM peak hour, and there · th would be no queue sp~ll-back problems between the 37 Avenue/TH 47 intersection and 37th Avenue/Huset Parkway intersection or between the 37th Avenue/Huset Parkway intersection and the 37th Avenue/5th Street intersection. However, motorists on 37th Avenue would probably find it very frustrating to have to stop at both Huset Parkway and at 5th Street, since these intersections will only be about 230 feet apart from each other. The analysis for the roundabout at the 39th Avenue/Jefferson Street intersection indicates that the roundabout would operate with a volume to capacity ratio of 0.04 to 0.09 for all legs for peak hour conditions. (Note that HCM procedures do not provide LOS criteria for roundabouts, only volume/capacity ratios are provided.) These volume/capacity ratios suggest that the roundabout should provide excellent operating conditions at the intersection. Conclusions and Recommendations Based on the traffic data, the LOS analyses, and the study findings, the following conclusions and recommendations are offered: 1. No roadway or intersection deficiencies were identified for the study area for existing or future (2025) conditions, either with or without the proposed Industrial Redevelopment. 2. The proposed new parkway that will serve the Industrial Redevelopment area is feasible as a 2-lane roadway, and the proposed alignment of this parkway will adequately serve traffic circulation needs for the study area. 3. Elimination of 38tn Avenue as a public street from the Service Road to 5th Street, as part of the Industrial Redevelopment, will not have any significant impacts to traffic circulation in the study area and is recommended, if the Industrial Redevelopment plan is implemented. This segment of 38th Avenue has a low ADT (160 vehicles/day) and mainly serves as a means for direct access to the adjacent existing businesses. If Page 5 of 5 these adjacent businesses are eliminated as part of the Industrial Redevelopment, then the purpose for this public road also goes away. 4. Elimination of the Service Road on the east side of TH 47 between 37th Avenue and 40th Avenue, as part of the Industrial Redevelopment, will not have any significant impacts to traffic circulation in the study area. This Service Road has a low ADT (170 vehicles/day) and mainly serves as a means for direct access to the adjacent existing businesses. If the Industrial Redevelopment is implemented, then it is recommended that the Service Road, at least within the redevelopment area, be eliminated. The entire segment of Service Road between 37th Avenue and 40th Avenue could be eliminated if the businesses outside the Industrial Redevelopment area are given access to Lookout Place. However, business traffic oriented toward Lookout Place may be objectionable to residents in the area, and it may'be necessary to retain approximately 450 feet of the Service Road south of 40th Avenue. 5. If the roadway eliminations from items 3 and 4 are implemented as part of the Industrial Redevelopment, it is recommended that all access to the westerly portion of the Industrial Redevelopment area should be directed only to the new parkway or 5th Street. 6. Disconnecting 5th Street from the new parkway south of 39th Avenue will not have any significant impacts to traffic circulation in the study area. Most of the traffic using this segment of 5th Street will shift to the new parkway, and, if this disconnection occurs, the segment of 5th Street between 37th Avenue and 38th Avenue is expected to have an ADT of atphP, roximately 150 vehicles/day. 7. 5t Street north of 39th Avenue should be connected to the new parkway. Traffic at this T-intersection should be controlled by a stop sign on the 5th Street approach, and there should be no control on the new parkway approaches. 8. Two alternatives were explored for the new parkway in the vicinity of the 39th Avenue/Jefferson Street intersection. One alternative replaces the existing 4-leg intersection with two closely spaced T-intersections, while the other replaces this intersection with a roundabout. Either alternative provides excellent LOS at this intersection. The two closely spaced T- intersections alternative results in some awkward turning maneuvers, especially for large trucks, and will probably not be as safe as the roundabout. For these reasons, the roundabout is the recommended alternative for this location. 9. Introducing a new intersection at the proPosed parkway connection to 37th Avenue will not cause any significant impacts to traffic operations along the segment of 37th Avenue between TH 47 and 5th Street. It is recommended that no control be used on the 37th Avenue approaches to the new parkway or to 5th Street. It should be noted that the analyses indicate both of these intersections could operate adequately as all-way stops, without any queue spill-backs to adjacent intersections. However, having all-way stops at both intersections would be very frustrating to Page 6 of 6 Table 1 Columbia Heights Parkway Trip Generation Based on June 11, 2004 Master Plan Land Use ITE Code Size Units Weekday Average AM Peak Hour Traffic PM Peak Hour Traffic Rate Volume Rate Volume Enter Exit Rate Volume Enter Exit Townhouse/Flats 230 559 res. units 5.86 3276 0.44 246 42 204 0.52 291 195 96 Specialty Retail Center 814 11.7 1,000 sq. fl 44.32 519 6.84 80 38 421 5.02 59 33 26 Totals 3794 326 8(] 246 349 228 122 Trip generation rates are from Trip Generation, 7th ed., ITE, 2003. Columbia Heights Parkway Table 2 Signalized Intersections Level of Service Level of Service Intersection Existing 2004 No Build 2025 Build 2025 AM PM AM PM AM PM TH 47(University Ave.) & 37th Ave. B B B B B B TH 47(University Ave.) & 40th Ave. B B B B B B Table 3 Unsignalized Intersections Level of Service Level of Service Intersection Approach Existing 2004 I No Build 2025 I Build 2025 I Ami PM I Am Pm 37th Ave. & 5th St. EB A A / AI B IA' A' WB A A/ A! !IB A* A* NB A A A A B C SB A A A B B 37th Ave. & Columbia Heights Pkwy. EB ~ W ~ ~ ~ ~ A* A* WB ~~ ~ ~~ A* A* SB ~ ~ i ~~ B B 39th Ave. & 5th St. EB A A A A~ A* A* WB A A A~ A* NB A A A ~ SB A A A ~ A A 39th Ave. & Jefferson St. EB A A A~ A* WB A A A A* NB A A A A SB A A A ~ 40th Ave. & Jefferson St. EB A A A ~ A A WB A A A~ A A NB A A A A B SB A A A A A * Analysis assumes no stop sign in place for this approach. Note: For 2025 Build conditions, the 39th Ave./5th St. intersection and the 39th Ave./Jefferson St. intersection have been revised and re-aligned to become T- intersections. Table 4 Level of Service Criteria LOS Sig. Intersection Unsig. Intersection sec. of delay per veh. sec. of delay per veh. A _<10 _<10 B > 10 - 20 > 10 - 15 C > 20 - 35 > 15 - 25 D > 35 - 55 _> 25 - 35 E > 55 - 80 > 35 - 50 F > 80 > 50 2% 38TH AVENUE 38TH AVENUE r~ Z O u~ n' LU UJ 16% 4% 40TH AVENUE 39TH AVENUE 2% LEGEND = PROPOSED REDEVELOPMENT AREA = PERCENTAGE OF TOTAL SITE GENERATED TRAFFIC 11% 37TH AVENUE Not to Scale SEH Directional DistributiOncolumbia Heights°f Site -ParkwayGenerated Traffic I A-COLHT0403.00FILE NO. rt. olt,~bia Neights, Minne,nta FIG. NO.! 1 (4) ~ UJ LU .-r. I-- I (4) ~ uJ LU ~ 48 (30) ~ ~ 3 (21 t ~ 17 (11) ~ 3 (2) ~ 49 (31) (9) (2s) . COLUMBIA HEIGHTS PARKWAY 38TH AVENU 4(12) ~ 4(12) , LEGEND 11 (7) ~ I-- uJ I-- u~ -r- 28 (82) = AM PEAK HOUR VOLUME 37TH AVENUE (XX) = PM PEAK HOUR VOLUME 40TH AVENUE 39TH AVENUE Not to Scale SEH AM and PM Peak Hour Site - Generated Traffic F, LE NO. A-COLHT0403.00 Columbia Heights Parkway ~bi FIG. NO. 2 Col~_, a Hei,nht,s, ~Ainnennta _ ~ '- 5g (166) 3 (~) ~ ~ ~ 169 (230) 54(23) ~ 4(~) ~ m ~ 10 (1t) ~ ~ 38TH AVENUE E 0(~) ~ ~ ~ 0(0) ~ ~ ~ 38THAVENUE 2(6)~ ~ ~ ~ 52(98) ~ ~ ~o 7(12) ~ ~ 15 (40) ~ 2 (2) ~ J30 (~64) 34 (36)J 4(I)~ ,1,12) J 30 (37) ~ 143 (206) ~ 97 41 (26) ~ 44 (24) ~ ~ ~ ~ LEGEND ~ ~ = AM P~K HOUR VOLUME 40TH AVENUE 39TH AVENUE Not to Scale (XX) = PM PEAK HOUR VOLUME SEH Existing (2004) AM and PM Peak Hour Volumes Columbia Heights Parkway ~olum~bia I-lei~oht~, IV~inne~a FILE NO. A-COLHT0403.00 FIG, NO, 3 8~ (64) 60 (26) ~tt3 (214) 33 (91) 141((75) ~ 75 (120) ~ 20 (46) ~ 132 (88) ~8(4°) '-'~ I ~1 34 (45) 46 (29) 8 (40) 188 (285) (20) (229) 17 (38) 1 (1) 128 (206) 80 (57) 39 (94) LEGEND = AM PEAK HOUR VOLUME = PM PEAK HOUR VOLUME 158 (210) co O~ 0 37TH AVENUE 40THAVENUE 39TH AVENUE / Not to Scale SEH 2025 AM and PM Peak Hour Volumes with Proposed Development Columbia Heights Parkway ColLJ~bia Hei,ahts, Minne.qnta _; FILE NO. A-COLHT0403.00 FIG. NO. 4 ILl 38TH AVENUE 5,700 [6,7001 620 38TH AVENUE 7,400 [8,8OOl 1,650 [2,000] 40TH AVENUE 39TH AVENUE 4,400 [6,300] LEGEND = EXISTING ADT (2002 MnDOT) = 2025 ADT WITH PROPOSED DEVELOPMENT 5,600 [6,600] 37TH AVENUE PROPOSED NEW ROADWAYS ROADWAY PROPOSED TO BE ELIMINATED PROPOSED REDEVELOPMENT AREA / Not to Scale SEH Existing and Future Average Daily Traffic (ADT) Columbia Heights Parkway ~olL~bia I-!ei,ohts, Minne.~nta FILE NO. A-COLHT0403.00 FIG. NO. 5 Appendix B Sanitary Sewer Information 7~8/2OO4 Sanitary Sewer MH Invert Elevation Survey I.D. # Cast El. Inv. North Inv. South Inv. East Inv. West Inv. Other Inv. Other 35D18 212.76 192.74 192.71 199.90 200.66 35D19 209.48 191.85 191.85 35D20 206.86 190.85 190.75 192.96 35D21 206.45 190.30 195.19 194.33 190.15 35D12 204.10 188.70 188.49 188.48 35D33 215.22 205.58 35D32 213.00 203.79 203.79 35D31 209.13 199.86 199.40 35D30 211.96 197.49 197.48 197.44 35D29 209.73 198.81 198.85 35D28 210.04 200.12 200.07 35D27 213.99 201.84 202.37 201.83 201.78 35D24 217.05 206.33 35D23 214.66 203.95 203.95 35D22 210.27 199.90 199.96 35D15 214.81 203.94 35D64 212.62 204.06 35D14 214.18 203.56 203.57 203.84 35D13 205.54 194.82 -194.82 35D34 198.29 186.20 186.20 35D35 196.05 184.11 184.11 35D61 198.31 184.94 35D60 200.80 184.70 184.71 35D59 198.14 184.13 183.94 35D58 196.54 183.17 183.17 35D57 192.91 181.95 181.94 35D36 192.89 180.69 181.29 180.77 180.47 35D65 193.39 181.48 180.57 35D66 195.64 185.12 194.88 35D67 202.96 188.61 188.60 35D41 208.47 t97.12 195.96 196.21 196.24 35D10 212.08 201.81 201.81 35D45 214.35 202.04 35D44 213.53 201.04 201.07 35D43 213.95 199.841 199.84 35C62 210.80 198.63 198.63 35C61 205.65 193.86 193.86 35C53 199.29 180.44 180.44 188.40 35C52 191.84 176.29 176.22 176.27 35C51 191.99 176.70 176.72 179.78 35C55 192.31 179.05 179.05 35C54 196.58 183.51 183.25 183.63 35C69 197.13 184.30 184.36 184.68 35C49 206.16 193.53 193.50 193.83 35C66 206.84 197.78 35C68 199.27 188.81 188.66 35C67 201.27 190.72 190.66 35C 65 205.85 195.82 195.72 196.27 35D37 191.98 179.27 179.25 X:\AE\Colht\040300\ExceI\0404-SAN ITA RY Survey.xls 7/8/2OO4 I.D. # Cast El. Inv. North Inv. South Inv. East Inv. West Inv. Other Inv. Other 35C43 193.64 178.07 178.04 35C44 193.77 177.18 177.18 35C45 193.89 183.74 183.74 35C90 202.23 191.29 35C89 200.99 189.97 189.89 35C46 197.17 187.84 187.70 35C85 194.98 178.78 178.85 178.58 WEI R=180.81 35C87 195.14 178.67 174.17 35C86 194.89 METERING STATION 35C48 194.24 174.02 173.74 35C59 216.26 204.72 35C58 208.64 194.83 194.73 35C56 198.09 187.71 197.71 35C57 207.80 196.77 196.77 35D38 213.66 202.76 202.76 35 D39 217.53 205.52 35D09 217.95 206.93 205.82 205.80 35D72 217.40 204.54 204.54 35D06 215.82 204.39 203.28 203.26 35D03 211.83 200.75 199.77 199.77 35D40 218.91 206.85 206.85 35C42 221.34 209.78 208.88 208.80 35C39 215.20 203.70 202.98 202.81 35C50 213.71 200.65 201.31 201.27 35C35 213.67 201.92 201.81 201.74 35C32 217.50 204.76 204.67 204.65 35C60 206.84 194.68 194.66 X:\AE\Colht\040300\ExceI\0404-SANITARY Survey.xls Existing Flows for Interceptor. M107 Flow in Flow in Flow in Flow in Flow in Max. flows thru Max. flowsthru Max. Max. Existing Pipe MG MG MG MG MG MCES meter MCES meter Peaking Peak Peak Pipe Existing Capacity Percent For For For For For in past four in past four Factor Flow Flow Size Pipe n=0.013 utilized Year Year Year Year Year years years (MGD) (CFS) (in) Slope (CFS) (%) Month 2004 2003 2002 2001 2000 (MG) (MGD) (%) (1) Jan. 7.7 8.1 8.1 8 7.8 8.1 0.26 3.7 0.97 1.50 18 0.61 8.27 18% Feb 7.5 7.3 7.4 7 7.4 7.5 0.26 3.7 0.96 1.48 18 0.61 8.27 18% Mar 8.6 8.1 8.7 9 7.9 9 0.29 3.7 1.07 1.66 18 0.61 8.27 20% Apr 8.9 8.5 10.4 16.7 7.8 16.7 0.56 3,4 1.89 2.93 18 0.6t 8.27 35% May 9.8 12.3 13.2 13.7 8.4 13.7 0.44 : 3.5 1.55 2.39 18 0.61 8.27 29% Jun 11.7 13.3 11.7 8.5 13.3 0.44 3.5 1.55 2.40 18 0.61 8.27 29% Jul 10.7 14.2 10.1 9.7 14.2 0.46 3.5' 1.60 2.48 18 0.61 8.27 30% Aug 8.9 12.5 10.1 8.7 12.5 0.40 3.5 1.41 2,18 18 0.61 8.27 26% Sep 8.4 10.5 8 8.6 10.5 0.35 ' 3.6 1,26 1.95 18 0.61 8.27 24% Oct 8.3 10.5 7.9 8.1 10.5 0.34 3.6 1.22 1.89 18 0.61 8.27 23% Nov 7.9 8.6 7,7 8.7 8.7 0.29 3.7 1.07 1.66 18 0.61 8.27 20% Dec 8.1 8.6 8.6 8 8.6 0.28 3.7 1,03 1,59 18 0.61 8.27 19% (1) Max. Peak Flow / Existing Pipe Capacity COMMUNITY COLUMBIA HEIGHTS YEAR 2OO4 994 TOTAL FLOW 578 1998 TOTAL FLOW 547 2002 TOTAL FLOTM 568 995 TOTAL FLOW 558 1999 TOTAL FLOW 548 2003 TOTAL FLOW 524 ,, 996 TOTAL FLOW 545 2000 TOTAL FLOW 528 2004 TOTAL FLOW 997 TOTAL FLOW 579 2001 TOTAL FLOW 553 2005 TOTAL FLOW ICURRENT YEAR ESTIMATED FLOW I [METER FORMULA I M106 +'M107 + M108 INOTEs i Mt08 NEW ON JAN 7.0 7.7 ;'-;:;; :'.'.;;~;29;0 43.7 FEB 6.7 7.5 !'~:*~:.,';':. ~.;.! ;~27,i2 41.4 MAR 7.8 8.6 ;?'*' .?'.=i~!:29~0 45.4 APR 8.1 8.9 :'"/.'::: 728:2 ,dst-it' Fax Note 7671 Dateb/~ i I p~a~fes k ~L(-...~' 45.2 .................... 0.'0 JUN 0.0 0.0 0.0 Oo.~ep,. g e~, ~, Co. -- N~--~ : .-. 0.0 JUL 0.0 0.0 0.0 Phone~ Phone~ ~1, ~- I)~ = '* 0.0 AUG. 0.0 0.0 0.0 F~"~3-1' qqO.~l~O F~, ~i ~,9~ IO~0 0.0 SEP 0,0 0.0 0.0 - ~ ' OCT 0.0 0.0 · 0.0 0.0 NOV 0.0 0.0~ 0.0 . 0.0 , DEC 0.0 0.0 0.0 0.0 226.1 ~ TOTAL 40.6 42.5 143.0 . QUARTERS UNMETERED TOTALS 1ST 130.5 130.5 95.6 2ND 95.6 , 3RD 0.0 0.0 0.0 4TH 0.0 ., TOTAL FLOW COMMUNITY COLUMBIA HEIGHTS YEAR 2003 1994 TOTAL FLOW 1995 TOTAL FLOW 1996 TOTAL FLOW 1997 TOTAL FLOW 578 1998 TOTAL FLOW 547 558 1999 TOTAL FLOW 548 545 2000 TOTAL FLOW 528 579 2001 TOTAL FLOW 553 2002 TOTAL FLOW 2003 TOTAL FLOW 2004 TOTAL FLOW 2005 TOTAL FLOW 568 ICURRENT YEAR ESTIMATED FLOW IMETER FORMULA M106 + M107 + M108 lNOTES I NEW M108 INSTALLED 6~26~96 M108 NEW ON 9116/99 ................................................................. 45.0 JAN 7.9 8.1 ' '29'0 40.7 FEB 7.2 7.3 ' 26.2 45.5 MAR 8.4 8.1 2.9~0 45.3 MAY 11.8 12.3 .. ..... '!.29;0 52.2 44.1 TOTAL 100.5 108.3 344.71 , QUARTERS UNMETERED TOTALS 1ST 131.2 131.2 2ND 150.6 150.6 ' 139.4 3RD 139.4 4TH 132.3 132.3 TOTAL FLOW COMMUNITY COLUMBIA HEIGHTS YEAR 2002 '1990 TOTAL FLOW 582 1991 TOTAL FLOW 578 1992 TOTAL FLOW 542 1993 TOTAL FLOW 606 ICURRENT YEAR EsTiMATED FLOW 199~t TOTAL FLOW 1995 TOTAL FLOW 1996 TOTAL FLOW 1997 TOTAL FLOW 578 1998 TOTAL FLOW 547 558 1999 TOTAL FLOW 548 545 2000 TOTAL FLOW 528 579 2001 TOTAL FLOW 553 IMETER FORMULA I"°TLs I t~ M106 + M107 + M108 NEW M108 INSTALLED 6126196 M108 NEW ON 9116199 JAN 7.7! 8.1 29.6 45.4 FEB 7.8 7.4 ~! iii~i i![25~5 40.7 · ' ....... ~' ' .... 47.0 MAR 9.0 8.7 ~,¥'=,¥~i¥,~ .... ,~ '~ APR 10.6 '10.4 ~,~,~,=~=~,. .......... 50.6 JUN 12.5 13.3 30.8 56.6 J'UL 11.8 14.2 31.5 67.5 AUG 10.5 12.5 30.3; 53.3 SEP 8.3 10.5 29.8 OCT 9.4 10.5 30.6 , , NOV 8.9 8.6 ~:~ ~ ~ 45.6 :~:~[:~¥~:~:~:~ ~:~:~ 45.5 DEC 8.0 8.5 ~ ~,2~:~ "~ ......... ~'**~""~'~' 598.1 ~ TOTAL 116.3 125.9 355.9 QUARTERS UNMETERED TOTALS 1ST 133.1 133.1 2ND ' 164.0 164.0 3RD ' 159.4. ' 159.4 " 141.6 4TH 141.6 TOTALFLOW COMMUNITY COLUMBIA HEIGHTS YEAR 2001 1990 TOTAL FLOW 582 1991 TOTAL FLOW 578 1992 TOTAL FLOW 542 1993 TOTAL FLOW 606 1994 TOTAL FLOW 1995 TOTAL FLOW 1996 TOTAL FLOW 1997 TOTAL FLOW 578 558 545 579 1998 TOTAL FLOW 1999 TOTAL FLOW 2000 TOTAL FLOW 2001 TOTAL FLOW 547 548 ICURRENT YEAR ESTII~ATED FLOW IMETER FORMULA M106 + M107 + M108 INOTES I NEW M108 INSTALLED 6~26~96 M108 NEW ON 9116199 JAN -8.5 8.0 28.7 45.2 FEB 7.1 7.0 25.5 39.6 MAR 9.2 9.0! 29.1 47.3 APR 18.4 16.7 33.2 68.3 MAY 12.1 13.7 31.2 57.0 JUN 11.0 11.7 29.8 52.5 JUL 8.5' 10.1 28.8 47.4 AUG 8.3 ~! ~ 29.6 48.0 SEP 7.4 8.0 28.6 44.0 OCT 7.3 7.9 29.3 44.5 NOV ~i:r~'i~=.~.~_ 7.7 28.6! 43.6 DEC 8.0 8.6 30.1 46.7 TOTAL 113.1 t18.5 352.5 584.1 QUARTERS UNMETERED TOTALS 1ST 132.1 132.1 2ND 177.8 177.8 3RD 139.4 139.4 4TH 134.8 134.8' TOTAL FLOW COMMUNITY COLUMBIA HEIGHTS YEAR 2000 1990 TOTAL FLOW 582 1991 TOTAL FLOW 578 1992 TOTAL FLOW 542 1993 TOTAL FLOW 606 ICURRENT YEAR ESTIMATED FLOW 1994 TOTAL FLOW 578 1995 TOTAL FLOW 558 1996 TOTAL FLOW 545 1997 TOTAL FLOW 579 59O 1998 .TOTAL FLOW 1999 TOTAL FLOW 2000 TOTAL FLOW 2001 TOTAL FLOW IMETER FORMULA I 'M106 + M107 + M108 547 o~ INOTEs I NEW M108 INSTALLED 6~26~96 M108 NEW ON 9116199 JAN 8.2 7,8 30.2 46.2 FEB 8.1 7.4 28.9 44.4 MAR 8.4 7.9 32.2 48.5 APR 8.0 7.8 29.1 44,9 MAY 8.4 8.4 30.4 47;2 JUN 8.5 8.5 30.3 47.3 JUL 9.9 9.7 32.2 51.8 AUG 8.2 8.7 30.4, 47.3 SEP 8,3 8.6 28.5 OCT 7.6 8.1 28.7 44,4 NOV 8.5 8.7 28.6 45.8 DEC 9.1 8,0 29.0 46.1 559.3 TOTAL t 01.2 99,6 358.5 ~ QUARTERS UNMETERED TOTALS 1ST 139.1 139.1 2ND 139.4 139.4 3RD 144.5 .144.5 4TH 136,3 136.3 TOTAL FLOW Appendix C C-Factor Testing UT3~i LAURIEB '3718/2004 1.0:43:30 ,1,1,3..0,5,1,5,,0,0,,0,0, Screen? = ...... 3801 5TH ST NE Type C-M ECR% 107040 Mult Units Date Reading CUR 1 1/20/2004 5200 700 2 10/20/2003 4500 -600 3 7/21/2003 3900 800 4 4/21/2003 3100 700 5 1/20/2003 2400 900 6 10/20/2002 1500 700 7 7/20/2002 800 800 8 4/19/2002 300 9 1/20/2002 99700 500 10 10/19/2001 99200 1700 !1 7/23/2001 97500 700 12 4/20/2001 96800 1100 Average Cons: 1143 Fl=Toggle Sewer F2=Toggle Amt Utility Billing System Acct Status ACTIVE Inquiry - Consumption History (B) Meter Status ACTIVE Meter Loc. Meter ID# Rate 20 CW COMMERCIAL WATER - CUBIC FT Sewer 26 CS COMMERCIAL SEWER - CUBIC FT Cons Type Date Reading Cons Type R 13 1/30/2001 95700 1100 R 14 10/27/2000 94600 R 15 7/28/2000 94600 800 R 16 4/24/2000 93800 2800 R 17 1/07/2000 91000 900 R 18 10/25/1999 90100 900 R 19 7/01/1999 89200 1600 R 20 4/10/1999 87600 1900 R 21 1/27/1999 85700 2100 R 22 10/15/1998 83600 2100 R 23 7/01/1998 81500 1400 R 24 4/20/1998 80100 1200 F4=Lookup F9=Notes F10=Inv Meter# 01 of 01 F24=MoreKeys ,UT3002M1 LAURIEB -Utility 3/18/2004 10:-43:10 Inquiry [,1,1,3 ,0,5,215,,0,0,.0,0, Screen? 3800 5TH ST NE Type C-M ECR# 107055 Mult Units Date Reading Billing System - Consumption History Meter Meter Rate Sewer Cons Type 2UR 1 1/20/2004 3449500 6000 R 13 2 10/20/2003 3443500 8600 R 14 3 7/21/2003 3434900 7900 R 15 4 4/21/2003 3427000 3000 R 16 5 1/20/2003 3424000 3700 R 17 6 10/20/2002 3420300 5700 R 18 7 7/20/2002 3414600 5000 R 19 8 4/19/2002 3409600 7400 R 20 9 1/20/2002 3402200 7400 R 21 10 10/19/2001 3394800 12600 R 22 !1 7/23/2001 3382200 16200 R 23 12 4/20/2001 3366000 13400 R 24 Average Cons: 16722 Fl=Toggle Sewer F2=Toggle Amt F4=Lookup (B) Acct Status ACTIVE Meter Status ACTIVE Loc. ID# 20 CW COMMERCIAL WATER 26 CS COMMERCIAL SEWER Date Reading F10=Inv 1/3o/2ool 10/27/2000 7/28/2000 4/24/2000 1/07/2000 10/25/1999 7/01/1999 4/10/1999 1/27/1999 10/15/1998 7/01/1998 4/20/1998 F9=Notes CUBIC FT CUBIC FT Cons Type 3352600 13800 R 3338800 17200 R 3321600' 23500 R 3298100 13200 E 3284900 13200 R 3271700 20400 R 3251300 16800 H 3234500 Z 3229000 42400 E 3186600 22800 H 3163800 54900 H 3108900 49500 E Meter# 01 of F24=MoreKeys 01 i'iUT3002M1 LAURIEB Utility 3/18/2004 10:41:56 Inquiry i~,2,1,5,,1%,4,5,,0,0,,0,0, Screen?, , 635 39TH AVE NE Type C-M ECR% 214195 Mutt Units :UR 1 2 3 4 5 6 7 8 9 10 11 12 Date Reading Cons 2/20/2004 11/20/2003 8/20/2003 5/20/2003 2/20/2003 11/20/2002 8./20/2002 5/20/2002 2/20/2002 11/20/2001 8/20/2001 5/29/2001 Fl=Toggle Billing System Acct Status ACTIVE - Consumption History (B) Meter Status ACTIVE Meter Loc. MENS BATHROOM Meter'ID# Rate 20 CW COMMERCIAL WATER - CUBIC FT Sewer 26 CS COMMERCIAL' SEWER - CUBIC FT Type Date Reading Cons Type 187000 2000 185000 2200 182800 2600 180200 2900 177300 3200 174100 3000 171100 2000 169100 2400 166700 1800 164900 2200 162700 1900 160800 2500 Average Cons: 1996 Sewer R 13 2/28/2001 158300 1500 R R 14 11/20/2000 156800 1500 R 15 8/23/200.0 155300' 1900 R R 16 5/25/2000 153400 1200 R R 17 2/15/2000 152200 2900 R 18 11/30/1999 149300 700 E R 19 8/27/1999 148600 700 R R 20 5/15/1999 147900 300 R 21 2/28/1999 147600 600 R 22 11/30/1998 147000 2700 E R 23 8/31/1998 144300 2700 R R 24 5/28/1998' 141600 2500 T Meter# 01 of 01 Fg=Notes F10=Inv F24=MoreKeys F2=Toggle Amt F4=Lookup 'UT3002M1 LAURIEB 3/18/2.Q04 10:41:32 ~J,2,1,5,",i]1,410, ,0,0, ,0,0, S c r e e n ? , , '--~E~ ,~U,~ E,QU, I,PMEKT~ , , ~20 39TH AVE NE Type C-M ECR# 214190 Mult Units Date Reading Cons 1 2/20/2004 553400 2 11/20/2003 550900 3 8/20/2003 550200 4 5/20/2003 549100 5 2/20/2003 548400 6 11/20/2002 546800 7 8/20/2002 545800 8 5/20/2002 545200 9 2/20/2002 543200 10 11/20/2001 540800 11 8/20/2001 539300 12 5/29/2001 538500 Average Cons: Fl=Toggle Sewer F2=Toggle Amt Utility Billing System Acct Status ACTIVE Inquiry - Consumption History (B) Meter Status ACTIVE Meter Loc. UNDR FRNT WNDW Meter ID# Rate 20 CW COMMERCIAL WATER - CUBIC FT Sewer 26 CS COMMERCIAL SEWER - CUBIC-FT Type Date Reading Cons Type 2500 R 700 R 1100 R 700 R 1600 R 1000 R 600 R 2000 R 2400 R 1500 R 800 R 900 R 1508 13 2/28/2001 14 11/20/2000 15 8/23/2000 16 5/25/2000 17 2/15/2000 18 11/30/1999 19 8/27/1999 20 5/15/1999 21 2/28/1999 22 11/30/1998 23 8/31/1998 24 5/29/1998 F4=Lookup F9=Notes 537600 3100 R 534500 1500 R 533000' 700 R 532300 800 R 531500 700 H 530800 800 E 530000 800 R 529200 1300 H 527900 4800 H 523100 1600 E 521500 3088 R 518412 1212 E Meter~ 01 of 01 F24=MoreKeys F10=Inv ',UT3002M~ LAURIEB Utility Billing System Acct Status ACTIVE 3/1,8/-20. G4 10:.40:57 Inquiry - Consumption HiStory (B) *NOTES EXIST '~215, 1,13,0 00 0,0 Screen?, , Meter Status ACTIVE · '~S~~,'~T~ .S~VIC~S Meter Loc. 'BEHIND SCALE 550 39TH AVE NE Meter ID# Type C-M Rate 20 CW COMMERCIAL WATER - CUBIC FT ECR# 214180 Mult Units Sewer 26 CS COMMERCIAL' SEWER - CUBIC FT Date 1 2/20/2004 2 11/20/2003 '3 8/20/2003 4 5/20'/2003 5 2/20/2003 6 11/20/2002 ~ 7 8/20/2002 8 ,5/20/2002 9 2/20/2002 10 11/20/2001 11 8/20/2001 12 5/29/2001 Reading Cons Type Date Reading Cons Type 19609200 8500 R 19600700 7200 R 19593500 8400 R 19585100 15400 R 19569700 13700 R 19556000 12700 R 19543300' 13700 R 19529600 14900 R 19514700 10800 R 19503900 14800 R 19489100 10700 R 19478400 14900 R 16333 Average Cons: Fl=Toggle Sewer F2=ToggleAmt 13 2/28/2001 14 11/20/2000 15 8/23/2000 16 5/25/2000 17 2/15/2000 18 11/30/1999 19 8t27/1999 20 5/15/1999 21 2/28/1999 22 11/30/1998 23 8/31/1998 24 5/21/19.98 F4=Lookup 19463500 19300 E 19444200 19300 R 19424900' 21900 R 19403000 18800 R 19384200 15000 H 19369200 23000 E 19.346200 23000 R 19323200 40200 H 19283000 17500 E 19265500 13200 E 19252300 '13200 R 19239100 21900 T Meter# 01 of 01 F10=Inv F24=MoreKeys F9=Notes ~',UT3002M1 LAURIEB Utility Billing System Acct Status ACTIVE 3/18/2004 10:38:11 Inquiry - Consumption History (B) *NOTES EXIST ~,2,1,4, 0" ,,~,3,5,,0,0,,0,0, Screen? Meter Status ACTIVE , ---~~U,~,ID~,, ...... - ~ ,, Meter Loc. B1376054 · '537 38TH AVE NE Meter ID# Type R-B Rate 80 WA RESIDENTIAL WATER - GALLONS _~ECR# 11054050 Mult 1000 Units Sewer 81-RS RESIDENTIAL SEWER - GALLONS Date :UR 1 2/24/2004 2 11/25/2003 3 8/28/2003 4 5/27/2003 5 2/27/2003 6 11/27/2002 7 8/28/2002 8 '5/31/2002 r 9 2/27/2002 l0 11/26/2001 11 8/23/2001 t. 2 5/29/2001 Reading Cons Type 322 15000 H 307 2O.00O H 287 22O00 H 265 15OOO H 250 13000 H 237 14000 H 223 23000 H 200 16000 H 184 15000 H 169 18000 H 22 151 32000 H 23 119 21000 H 24 17889 F2=ToggleAmt F4=Lookup Average Cons: Fl=Toggle Sewer Date 13 2/28/2001 14 11/29/2000 15 8/23/2000 16 5/24/2000 17 2/23/2000 18 11/30/1999 19 2O 21 F9=Notes Reading Cons Type 98 14000 84 19000 65' 26000 39 21000 18 16000 2 2000 F10=Inv MeSer% 02 of 02 F24=MoreKeys ~'UT3002M1 LAURIEB Utility Billing System Acct Status ACTIVE 3/18/2004 10:37:50. Inquiry - Consumption 'History (B) *NOTES EXIST 112,1,4, ,0,1,4,0, ,00,,0,0, Screen? ~ Meter Status ACTIVE ---~, ,O~ ,~,~./,ID ........ Meter Loc. B1369059 ~33 38TH AVE NE Meter ID# Type R-B Rate 80 WA RESIDENTIAL WATER - GALLONS _ECR% 11099.700 Mult 1000 Units Sewer 81 RS RESIDENTIAL SEWER - GALLONS Date UR 1 2/24/2004 2 11/25/2003 3 8/28/2003 4 5/27/2003 5 2/27/2003' 6 ii/27 7 8/28 8 S/31 9 2/27 10 11/26 11 8/23 12 5/29 /2002 /2002 /2002 /2002 /2001 /2001 /2001 ~eading Cons Type Date 220 11000 H 209 15000 H 194 16000 H 178 13000 H 165 14000 H 151 15000' H 136 17000 H 119 14000 H 20 105 13000 H 21 92 17000 H 22 75 20000 H 23 55 15000 H 24 14667- F2=Toggle Amt F4=LookUp Average Cons: Fl=Toggle Sewer 13 2/28/2001 14 11/29/2000 15 8/23/2000 16 17 18 19 Reading Cons Type 40 12000 H 28 14000 H 14' 14000 H Meter% 02 of 02 F9=Notes F10=Inv F24=MoreKeys ~-UT3002M} LAURIEB 3/'18/2004 10:37:01 ,2,1,4,,0,1,4,5,,0,0,,0,0, Screen? Acct Status ACTIVE *NOTES EXIST Utility Billing System Inquiry - Consumption History (B) '525 38TH AVE NE Type R-B ECR# 12121101 Mult 1000 Units Meter Status ACTIVE Meter Loc. B1376416 Meter ID# Rate 80 WA RESIDENTIAL WATER - GALLONS Sewer 81 RS RESIDENTIAL.SEWER - GALLONS Type Date Reading ~3 2/28/2001 H 1~ 11/29/2000 H 15 8/23/2000 16 5/24/2000 17 2/23/2000 18 19 20 21 H 22 H 23 24 F10=Inv Cons Type Date Reading Cons UR 1 2/24/2004 596 29000 2 11/25/2003 567 39000 3 8/28/2003 528 69000 4 5/27/2003 459 34000 5 2/27/2003 425 28000 6 11/27/2002 397 32000 7 8/28/2002 365 55000 8 5/31/2002 310 30000 9 2/27/2002 280 27000 10 11/26/2001 253 40000 11 8/23/2001 213 71000 12 5/29/2001 142 31000 Average Cons: 35059 Fl=Toggle Sewer F2=Toggle Amt F4=Lookup Fg=Notes 111 23000 H 88 30000 H 58 29000 H 29 26000 H 3 3000 H Meter# 02 of 02 F24=MoreKeys ~iUT3002M1 LAURIEB Utility Billing System Acct Status ACTIVE 3/18/2004 ~0:36:41 Inquiry - Consumption History (B) *NOTES EXIST ~J21,5, ,1,105 00, 00 Screen? ~ · Meter Status ACTIVE ~.[~I~P[-,~LEA ,SALE, S,, , , , Meter Loc. L AFTR ENTRING 515 38TH AVE NE Meter ID~ Type C-M Rate 20 CW COMMERCIAL WATER - CUBIC FT' ECR# 214010 Mult Units Sewer 26 CS COMMERCIAL SEWER ---CUBIC FT ' Date 1 2/20/2004 ~ 2 11/20/2003 3 8/20/2003 4 5/20/2003 5 2/20/2003 6 .11/20/2002 , 7 8/20/20.02 8 5/30/2002 ~ 9 2/20/2002 10 11/20/2001 11 8/20/2001 12 5/29/2001 Reading Cons Type Date Reading Cons Type 161600 600 161000 2600 158400 600 157800 1000 156800 600 156200 600 155600 600 155000 600 154400 600 .153800 .600 153200 600 152700 1700 983 F2=Toggle Amt Average Cons: Fl=Toggle Sewer R 13 2/28/2001 151000 300 .E R 14 11/20/2000 150700 300 R R 15 8/23/2000 150400' 500 M R 16 5/24/2000 149900 1400 R E 17 2/15/2000 148500 1200 H R 18 11/30/1999 147300 600 E A 19 8/27/1999 146700 100 M A 20 5/15/1999 146600 1400 E A 21 2/28/1999 145200 1300 H A 22 11/30/1998 143900 1500 E A 23 8/31/1998 142400 1500 R R 24 5/28/1998 140900 2800 T F4=Lookup Fg=NOtes F10=Inv Meter# 01 of 01 F24=MoreKeys Columbia Heights, Minnesota C-Factor Testing SEH No. A-COLHT0404.00 Mr. Kevin Hansen Director of Public Works City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Dear Mr. Hansen: As requested, SEH has completed C-Factor testing of three sections of water main. Test #2 and #3 were completed at the same' time by having three pressure meters recording pressures along the water main in Jefferson Street. The water main consists of unlined cast iron water main constructed in 1960, and was tested at the following locations: · Test #1 - 39th Avenue between Jefferson Street and 5th Street. · Test #2 - Jefferson Street between 51st and 50th Avenue · Test #3 - Jefferson Street between 50th and 49th Avenue Water main sections were isolated to route flow down a section that was fitted with pressure and flow gauges to mea.sure pressure loss and flow from a test hydrant. The locations of the closed valves, pressure gauges and hydrants flowed are shown on attached Figures 1 and 2. Data recorded during each flow test is presented in the table below. Flow Water Length Upstream Pressure Downstream Pressure Flow Calculated Test Main (ft) Gauge Reading (psi) Gauge Reading (psi) (gpm) C-Factor Size (in) Static Residual Static Residual I 10 432 69 60 70 58 978 77 2 6 664 70 68 74 70 132 62 3 6 670 74 70 76 68 132 43 The calculated C-Factor .for Tests 1, 2, and 3 were 77, 62, and 43, respectively. These results are beloW'( 'average for water mains of similar construction material and age. Typical C-factor values used in modeling 'for approximately 80-95, compared to 120 for new construction. pipes of this age are If you have any questions or would like further testing performed, please contact me at 651.765.2973 at your convenience. Attachments c: Lauren McClanahan, City of Columbia Heights Sue Mason, SEH xAae\colht\040400\ I -genial 4-corfihamen062404.doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 HUSET PARK WEST 39th II Il 58th 11' I~, :~ 57th r~ AVE Appendix D Soil Borings AMERICAN ENGINEERING TESTING~ INC, CONSULTANTS · GEOTECHNICAL · MATERIALS · ENVIRONMENTAL REPORT OF SUBSURFACE BORINGS PROJECT: REPORTED TO: COLUMBIA HEIGHTS PARKWAY COLUMBIA HEIGHTS, MINNESOTA SEH 3535 VADNAIS CENTER DRIVE ST. PAUL, MN 55110 ATTN: RON FARMER AET JOB NO.: 01-02032 DATE: MAY 28, 2004 INTRODUCTION On May 18, 2004, American Engineering Testing drilled 8 test borings for the referenced project. The scope of services (boring, location, depth, 'etc.) SEH was as requested by AUTHORIZED WORK SCOPE Soil Borings_ Procedures The boring locations were made at the approximate locations staked by SEH. We have not included a sketch indicating the boring locations or ground surface elevations at the boring locations as it is our understanding this information will be supplied by others. The boring and sampling was done using the split-spoon and auger methods. attached sheets (Field Sampling and Testing Methods) for additional information. All boreholes were backfilled with drill cuttings. Refer to the This document shall not be reproduced, except in full, without written approval of American Engineering Testing, Inc. 550 Cleveland Avenue North · St. Paul, MN 55114 · 651-659-9001 · Fax 651-659-1379 Duluth · Mankato · Marshall · Rochester · Wausau · Rapid City. Pierre. Sioux Falls AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER AET//01-02032 - Page 2 of 3 A field log was maintained for each soil boring. Information on field logs include: contacts between soil layers; geologic identification (driller's opinion) of materials; notes; and other information. Soil samples were then examined in the laboratory, and soil classification information was added to the field logs. Soil identifications and descriptions are in accordance (generally) with the ASTM Visual-Manual (D2488) system as shown on the attached sheet. The samples will be discarded or returned to the Client at AET's discretion; unless within 30 days' of the report date, the client provides a written request that AET store or ship the samples, at the client's expense. Typed logs were then prepared from field logs. The typed logs may not contain all information shown on field logs. (Field logs are available for inspection by our client.) Results Typed copies Of the field logs are enclosed. Refer to the attached logs for a description of the subsurface conditions encountered in the borings. The logs show: the depths to the contacts between the soil layers; the identification and geology of the soils; water level measurements; standard penetration resistance (N-colunm); and other information. We wish to point out that the split spoon samples were collected using a modified hammer weight calibrated to N60 values. For an explanation of this sampling method please refer to the attached Exploration/Classification Method sheet. Please refer to the other attached sheets for descriptions of terminology used on the logs. REMARKS Subsurface soil and ground water conditions can vary from that encountered in the borings at other locations, depths and times. Refer to the attached sheet for more information regarding limitations of subsurface exploration. As requested by SEH, this is a factual report only. AET #01-02032 - Page 3 of 3 To protect the addressee, the public, and ourselves, this report (and all supporting information) is provided for the addressee's own use. No representations are made to parties other than the addressee. American Engineering Testing, Inc. appreciates this opportunity to be of service to you. If you have any questions or need further help, please call me at (651) 659-1356. Report Prepared By: American Engineering Testing~ Inc. Pat Francis Drilling Manager ENGIVEE~G SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 01-02032 LOG OF BORING NO. 1 (p. 1 of 1) PROJECT: Columbia Heights Parkway; Columbia Heights, MN FIELD & LABORATORY TESTS DEPTH SURFACE ELEVATION: GEOLOGY ; SAMPLE REC 1N N MC TYPE IN. WC DEN LL PL ~-20C FEET MATERIAL DES CRIPTtON FILL, mostly silty sand, a little gravel, cinders 12 M t SS 19 1 - and clinkers, trace roots, black 2 -- 14 M SS 15 3- /\ 4 - FILL, mostly sandy lean clay, a little gravel, FILL trace roots, brown, dark brown and gray, water \/ 5- infillbelowaboutS' 12 M)~ SS 18 6- 7- 9 SANDY LEAN CLAY, a little gravel, trace TOPSOIL 6 M 10 SS 18 roots, dark brown, fn-m to soft (CL) 11- 12- 3 M SS 15 13- 14 - LEAN CLAY WITH SAND, brown, soft to firm FINE (CL) \/ 6 M ~ SS 15 10 16 END OF BORING DEPTH: DRI~LLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO SAMPLED CASING CAVE-IN DRILLING WATER 0-14%' 3.25" HSA DATE TIM~ DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACI-~D SHEETS FOR 5/18/04 8:30 16.0 14.5 14.5 8.2 EXTLANATION OF BORING TERMINOLOGY ON COMPLETED: 5/18/04 THIS LOG CC: SG CA: JB Prig: 91C 2/99 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 01-02032 LOG OF BORING NO. 2 (p. 1 of 1) ?ROmC_Z: Columbia Heights Parkway; Columbia Heights, MN ....... FIELD & LABORATORY TESTS DEPTH SURFACE ELEVATION: GEOLOGY SAMPLE REC IN N MC TYPE EN. WC DEN LL PL %-200 FEET MATERIAL DESCILIPTION FILL, mixture of silty sand and sandy lean clay, FILL 1 - a little gravel and cinders, trace roots, dark 9 M SS 12 brown and brown 3 - SANDY LEAN CLAY, a little gravel, brown WEATHEREI 4 M SS 15 4 _ mottleS, soft (CL) ~TILL 5- ~ 10 M ~ SS 18 6- SANDY LEAN CLAY, a little gravel, brown, a~ ~ 15 M ~ SS 18 S - little brown mottled, stiff to very stiff (CL) 9 - ~ TILL 10 22 M SS 18 24 M SS 18 13- ]-5 15 - SANDY LEAN CLAY, a little gravel, grayish ~ '~ brown, very stiff (CL) 24 M- SS 18 16 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUtLEMENTS NOTE: REFER TO 0-14½' 3.25" HSA DATE TIME SAMPLED CASING CAVE-IN DRILLING WATER DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED 5/18/04 9:05 16.0 14.5 15.0 None SHEETS FOR AN I EXPLANATION OF Bo o I I TE OLOOYON COMPLETED: 5/18/04 LOG CC: SG CA: JB Rig: 91C 2/99 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 01-02032 LOG OF BOILING NO. 3 (p. 1 of 1) , PROJECT: Columbia Heights Parkway; Columbia Heights, MN FIELD & LABORATORY TESTS DEPTH SURFACE ELEVATION: GEOLOGY SAMPLE REC IN N MC TYPE IN. WC DEN LL PL /0-200 FEET MATERL&L DESCRI?TION FILL, mostly silty sand, a little gravel, pieces of bituminous, trace roots, brown and black FILL 1 FILL, m/xture of sandy lean clay and clayey 13 M SS 15 ~sand, a little silty sand, trace roots, dark brown to / ~/~ __ 2- \brown / '!' SANDY LEAN CLAY, a little gravel, broom, 9 M SS 10 3- stiff (CL) 5- ~ 12 M ~ SS 10 7 -~ CLAYEY SAND, a little gravel, brown, a little ~ TILL \/ reddish brown mottled, stiffto hard (SC/CL)~ 18 M~ SS 18 9- 10 - ~ 23 M SS 18 15 - SANDY LEAN CLAY, a little gravel, dark grayish brown, very stiff (CL) 24 M, SS 18 16 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO SAMPLED CASING CAVE-IN DP, ILLING WATER 0-14¼' 3.25" HSA DATE TIME DEPTH DEPTH DEPTH FLUID LEVEL LEVEL TI-I]E ATTACHED 5/18/04 9:45 16.0 14.5 14.8 None SHEETS FOR AN EXPLANATION OF BORING [ TERMINOLOGY ON COMPLETED: 5/18/04 THIS LOG CC: SG CA: JB Rig: 91C 2/99 ~RICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. ~T JOB NO: 01-02032 LOO OF BOm~C NO. 4 (p. 1 of 1) PROJECT: Columbia Heights Parkway; Columbia Heights, MN k'IELD & L~O~TORY TESTS EPT S~ACE ELEVATION: GEOLOGY S~LE ~C D~H N MC T~E ~. WC DEN LL PL %-20~ FEET ~TE~ DES C~TION F~L, mostly sil~ s~d, a li~le ~avel, ~ace ~roots, d~k bro~ ~d bro~ (slight odor) / 1 - F~L, mostly sil~ s~d, a li~le sandy lean clay 11 M 88 ~d ~avel, pieces of glass, cons~ction debris 2 --~d c~ders, black ~d bro~ (odor) / F~L 3 - F~L, mostly s~dy le~ clay, a li~le ~avel, 13 M~ 8S 12 ~ayish bro~ ~d brown (odor) 4- 6- 7- 14 M ~ SS 15 8- bro~ to bro~, stiffto ve~ stiff (CL) (odor to 11 - about 9' fl~en slight odor) 13- 15 - 17 M SS 18 16 END OF BO~G DEPTH: D~L~G ~THOD WA~R LEaL ~AS~~S NOTE: ~FER TO S~LED CAS~G CA~-~ D~L~G WATER T~ATTAC~D 0-14~' 3.25" HSA DATE T~ DEP~ DEP~ DEPTH FL~ LEaL LEaL 5/18/04 10:30 16.0 14.5 14.5 None S~ETS FOR E~L~ATION OF BO~G ~OLOGY ON CO~LETED: 5/18/04 TInS LOG CC: SG Ca: ~ rog: 91C 2/99 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. 1 AET JOB NO: 01-02032 LOG OF BORING NO. 5 (p. 1 of 1) PROmCT: Columbia Heights Parkway; Columbia Heights, MN FIELD & LABORATORY TESTS DEPTH SURFACE ELEVATION: GEOLOGY SAMPLE REC IN N MC TYPE IN. FEET MATERIAL DESCRIPTION WC DEN LL PL FILL, mostly sandy lean clay, a little gravel and ~e roots dark brown a little brown / FILL 1 - FILL, mostly silty sand and cinders, a little 7 M SS 15 gravel and sandy lean clay., black and brown 2 --~FILL, mostly lean clay, a little gravel, brown mottled, firm CL sliht odor / ~ ~ WEATHEREr 8 M SS 10 3 - SANDY LEAN CLAY, a little gravel, brown mottled, firm (CL)(shght odor) ~ TILL 4 5- ~ 13 M ~ SS 12 SANDY LEAN CLAY, a little gravel, brown,~~'//z 7 - stiff to hard (CL) (slight odor) 29 M SS 18 8- 9- ~ TILLN/ 10- ~ 38 M )i SS 18 11 - 12 - SILTY SAND, a little gravel, reddish brown, . wet, medium dense (SM) (slight odor) . ~' ~/ 28 WTM/~ SS 18 14 - SANDY LEAN CLAY, a little gravel, brown, very stiff (CL)~-/~,/~.~ 15 - 24 M SS 18 ~6 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO SAMPLED CASING CAVE-IN DRILLING WATER 0-14~' 3.25" HSA DATE TEME DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED 5/18/04 10:45 13.5 12.0 12.8 12.5 SHEETS FOR AN 5/18/04 10:55 16.0 14.5 14.6 None EXPLANATION OF BORING I TERMINOLOGY ON COMPLETED: 5/18/04 CC: SG CA: JB Rig: 91C I THIS LOG 2/99 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AETJOBNO: 01-02032 LOG OF BORING NO. 6 (p. 1 ofl) PROJECT: Columbia Heights Parl~,ay; Columbia Heights, MN DEPTH SUre'ACE ELEVATION: eEOLOe¥ S~LE MC FIELD & L~OP~TO¢¥ TESTS IN N MC TYPE IN. WC DEN LL PL 7o-20C FEET MATERIAL DES CRZPTION 13.5" Bituminous pavement ~ 1 - FILL~ SU FILL, mostly sandy lean clay, a little gravel, 2- brown 3 _ SANDY LEAN CLAY, a 1/ttle gravel, brown ~ WEATI-rEREE 8 M ~SS 10 4 _ mottled, fn'm (CL) ~TILL ~ 5- ~ 18 M ~ SS 12 /\ 6 - SANDY LEAN CLAY, a little gravel, brown, ~ TILL ~;~ very stiff (CL) 7- 18 M ~ SS 16 g- END OF BORING DEPTH: DRIJ~LING IvrETHOD WATER LEVEL/vrEASUREMENTS NOTE: REFER TO SAMPLED CASING CAVE-IN DRILLING WATER 0-7' 3.25" HSA DATE TIM~ DEPTH DEPTH DEPTH FLUID LEVEL LEVEL TH~ ATTACHED 5/18/04 11:55 8.5 7.0 7.0 None SI-~ETS FORAN EXPLANATION OF BOP, lNG COMPLETED: 5/18/04 I TERMSNOLOGY ONi CC: SG CA: JB Rig: 91C THIS LOG 2/99 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. A_ET JOB NO: 01-02032 LOG OF BOrneO NO. 7 (p. 1 of 1) PROJECT: Columbia Heights Parkway; Columbia Heights, MN FIELD & LABORATORY TESTS DEPTH SURFACE ELEVATION: GEOLOGY N MC SAMPLE REC IN TYPE IN' WC DEN LL PL /~-200 FEET MATERIAL DES CRIPTION 19.25" Bituminous pavement 5 1- M~ SU -, FILL, mostly silty sand, a little gravel, pieces of 2 /bimmin°us' dark br°wn (slight s°lvent'tyPe / ~ \odor) 8 M SS 12 5 - FILL, mix~zure of sandy lean clay and silty sand, la-ace roots, brown (slight solvent-type odor) ~ 4 FILL ~ 5- 5 M SS 3 6 - FILL, mostly sandy lean cla),, a little gravel, ~ trace roots, gray and dark brown (slight 7 - solvent_type odor) ~/ 4 M/~ SS 15 8- I-5 9 SANDY LEAN CLAY, a little gravel, gray and ~,/~ TILL OR 1~ Ia little brown mottled, stiff (CL) (may be fill) / '~ FILL / ~/ 10 - \(slight solvent or petroleum-type odor) / TILL 9 M SS 15 1 SANDY LEAN CLAY, a little gravel, gray, stiff I1 ~solvent or_LEetrol~ END OF BORING DEPTH: DRILLING METHOD I WATER LEVEL MEASUREMENTS NOTE: REFER TO SAM/PLED CASING CAVE-IN DPdI.LING WATER 0-9~' 3.25" HSA DATE TIME DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACI-~D 5/18/04 12:35 11.0 9.5 9.5 INone SHEETS FOR AN EXPLANATION OF B GRIN G TERMINOLOGY ON COMPLETED: 5/18/04 THIS LOG CC: SG CA: JB Rig: 91C 2/99 ENGINEERING SUBSURFACE BORING LOG TESTiNG, iNC. AET JOB NO: 01-02032 LOG OF BORING NO. 8 (p. 1 of 1) PROJECT: Colnmbia Heights Parkway; Columbia Heights, MN GEOLOGY ~ TESTS DEPTH SLrRFACE ELEVATION: IN N MC SAMPLE REC FIELD&LABORATORY FEET MATERIAL DESCILIPTION TYPE IN. WC DEN LL PL 16 Blmmmous pavement 1 - FILL, mixture of silty sand and gravel, dark M SU brown (apparent base) ~ _ FILL, mostly sandy lean clay, a little gravel, FILL 8 M SS 15 pieces of brick, trace roots, dark brown and gray SILT, trace roots, gray, moist, very loose (ML) 6 - (slight odor) SANDY LEAN CLAY, a little gravel, gray and 8 - brown mottled, stiff (CL) (slight odor) 10 M SS 12 END OF BORING DEPTH: DRILLING METHOD I WATER LEVEL MEASUREMENTS NOTE: REFER TO SAMPLED CASING CAVE-IN DRILLING WATER 0-7' 3.25" I-ISA DATE TIME DEPTH DEPTH DEPTH FLUID LEVEL LEVEL TI-HE ATTACHED 5/18/041, 12:55 8.5 I 7.0 7.0 None SHEETS FOR AN EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 5/18/04 THIS LOG CC: SG CA: JB Rig: 91C I I 2/99 BORING LOG NOTES DRILLING AND SA_MPLLNG SYMBOLS Symbol Definition B,H,N: CA: CAS: CC: COT: DC: DM: DR: DS: FA: HSA: LG: MC: N CBPF): NQ: PQ: RD: REC: REV: SS: ¸ SU WASH: , WH: -WI{: 94rnrn: ~Ir' 2: Size of flush-joint casing Crew Assistant (initials) Pipe casing, number indicates nominal diameter in inches Crew Ckief (initials) Clean-out tube Drive casing; number indicates diameter in inches Drilling mud or bentonke slurry Driller (initials) Disturbed sample from auger flights Flight auger; number indicates outside diameter in inches Hand auger; number indicates outside diameter Hollow stem auger; number indicates inside diameter in inches Field logger (initials) Colnmn used to describe moisture condition of samples and for the ~ouad water level symbols Standard penetration resistance (N-value) in blows per foot (see notes) NQ wireline core barrel PQ wireline core barrel Rotary drilling with fluid and ~oller or drag bit In split-spoon (see notes) and ~hin-walled tube sampling, the re~overed length (in inches) of sample. In rock coring, the leng~th of core recovered (e:rpressed as percent of the total core run). Zero indicates no sample recovered. Revert drilling fluid Standard split-spoon sampler (steel; la/s" is inside diameter; 2" outside diameter); unless indicated otherwise Spin-up sample from hollow stem auger Thin-walled tube; number indicates inside diameter in inches Sample of material~ obtained by screening ramming rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid · Sampler advanced by static weight of drill rod and hammer Sampler advanced by static weight., of drill rod 94 millimeter wireline core barrel Water level directly measured in boring Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: DEN: DST: E: ICfD: LL: LP: OC: PERM: PL: %: q:: q~: R: -RQD: SA: TRX: VSR: VSU: WC: %-200: One-dimensional consolidation test Dry density, pcf Direct shear rest Pressuremeter Modulus, tsf Hydrometer analysis Liquid Limit, % Pressuremeter Limit Pressure, tsf Organic Content, % Coeffmienr of permeability (K) test; F - Field; L - Laboratory Plastic Limit, % Pocket Penetrometer strength, tsf (aonroximate) State cone bearing pressure, tsf Unconfined compressive strength, psi Electrical Resistivity, ohm-cms Rock Quality Designator in percent (ag~egate length o£ care pieces 4" or more in length as a percent of total core run) Sieve analysis Trim, rial compression test Vane-shear strength, remoulded (field), psf Vane shear strength, undisturbed (field), psf Water content, as percent of dry weight Percent of material 5net than #200 sieve STANDARD PENETRATION TEST NOTES (Calibrated Hammer Weight) The standard penetration test consists of driving a split-spoon sampler with a drop h~rnmer (calibrated weight varies to provide N6o values) and counting the number of blows applied in each of three 6" incremenm of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM:D1586, the blows for each complete increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0.1' below the slash. The length of sample recovered', as shown on the "REC" column, may be greater than the distance indicated in the N colnmn. The disparity is because the N-value is recorded below {he initial 6" set (unless partial penetration defined in ASTM:D1586 is encountered) whereas the length of sample recovered is for the entire sampler drive (which may even extend more than 18"). 01FLD01~C(09/0=) AM]ERICAN ENGI2YEE~G TESTING, INC. UNIFIED SOIL CLASSI[FICATION SYSTEM AMEKICAN ASTM DeSignations: D 2487, D2488 ENGINEERING TESTING, INC. Soil Classification Notes Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests^ Group Group NameD ^Based on the material passing the 3-in Symbol (75-mm) sieve. Coarse-Grained Gravels More Clean Gravels Cu>4 and l<Cc<3~ GW Well graded gravelr ~Iffield sample contained cobbles or Soils More than 50%0 coarse Less than 5% boulders, or both, add "with cebblas or than 50% fraction retained finasc Cu<4 and/or 1 >Cc>3~ GP Poorly graded gravelr boulders, or both" to group name. retained on on No. 4 sieve CGravels with 5 to 12% fmcs require dual No. 200 sieve Gravels with Fines classify as ML or Mil GM Silty graveF'u-u symbols: Fines more GW-GM well-graded gravel with silt than 12% fines c Fines classify as CL or CH GC Clayey gravelr'u'~ GW-GC well-graded gravel with clay GP-GM poorly graded gravel with silt Sands 50% or Clean Sands Cu>6 and l <Cc<3~ SW Well-graded sand~ GP-GC poorly graded gravel with clay more of coarse Less than 5% nsands with 5 to 12% fines require dual fraction passes finasn Cu<6 and 1>Cc>3= SP Poorly-graded sand~ symbols: No. 4 sieve SW-SM well-graded sand with silt Sands w/th Fines classify as ML or MH SM Silty sandua*~ SW-SC well-graded sand with clay Fines more SP-SM poorly graded sand with silt than 12% fines n Fines classify as CL or CH SC Clayey sand~ SP-SC poorly graded sand with clay Fine-Grained Silts and Clays inorganic PI>7 and plots on or above CL Lean cla)~-~m Soils 50% or Liquid limit less "A" lind (D~o)~ more passes than 50 PI<4 or ~lots below IvlL Sil~a~a SCu = D~o/D~o, Cc = the No. 200 "A' line~ Dmx D6o sieve organic Liquid limit-oven dried <0.75 OL Organic clay~''a'~ Fir soil contains >15% sand, add "with (see Plasticity Liquid limit- not dried Organic silt~° sand" to group name. °If fmcs classify as CL-ML, use dual Chart below) Silts and Clays inorganic PI plots on or above "A" line CH Fat clay'~a symbol GC-GM, or SC-SM. ~If fmcs are organic, add "with organic Liquid limit 50 or more Pi plots below "A" line MH Elastic silt~-~ fines" to group name. ~If soiI contains >15% gravel, add "with organic Liquid limit-oven dried <0.75 OH Organic clay~'k'a~'v ~ravel" to group name. rlf Atterberg limits plot is hatched area, Liquid limit- not dried Organic siltx-u~q soils is a CL-Iv[L silty, clay. Highly organic Primarily or~anic, matter, dark PT Peat~ }:If aniladd "withc°ntainssand" or15 tO,,with29%gravel,,,plus No. 200 soil in color, and organic in odor whichever is predominant. ~If soil contains _>30% plus No. 200, sl~-'~ ai, m. Ysls ac /]1 predominantly sand, add "sandy" to ~.,~ ~ , ~o ~ ,o~ ~oxo ac '// ' Mlfsoilc°ntains>30%plusN°'200' a~,~u,, ~-^.4~r~/ .4~, / predominantly gravel, add "gravelly" tn,n~*=o. Talm-~ol / OX'x' -/ Npi>4 and plots on or above "A" line. - w~a=m~= ~sm~l ~7.~ /'/ Okk °PI<4 or plots below "A" line. i 1, I I I I !~o ~ ~ 3°I P?i plots on or above "A' m ' QFI plots below "A" line. .o I '5-,. I ~.~-~ I g ~ ~o /" 3", ~'Fiber Content daschption sho~ below. ,,~, . ,...,... , ....... , u,, .0.0 70 80 .~0 .100 110 PARTICLE SIZE IN MILLIME'r~Re I,JClUIO LIMIT (LL) ~ ~ ,~ z~ . Plasticity Chart c, · -~,, ~.~-g = ~:o c, · b-;-;-~- ~.o~ x ~5 Grain Size Gravel Percentages Consistency of Plastic Soils Relative DensiP,, of Non-Plastic Soi!.s_ Term Particle Size Term Percent Term .N-Value. BPF Term N-Value. BI~F_ Boulders Over 12" A Little Gravel 3% - 14% Very Soft less than 2 Very Loose 0 -4 Cobbles 3" to 12" With Gravel 15% - 29% Soft 2 - 4 Loose 5 - 10 Gravel //4 sieve to 3" Gravelly 30% - 50% Firm 5 - 8 Medium Dense 11 - 30 Sand //200 to #4 sieve Stiff 9 - 15 Dense 31 - 50 Fines (silt & clay) Pass//200 sieve Very Stiff 16 - 30 Very Dense Greater than 50 Hard Greater than 30 Moisture/Frost Condition Layerin,z_ Notes Fiber Content of Peat O~ erotic/Roots Description (if no lab tests_) (MC Colunm) Laminations: Layers less than Fiber Content Soils are described as or,~aJlic, if sol is not peat D (Dry): Absanse of moisture, dusty, dry to ½" thick of Term (Visual Estimate) and is judged to have sufficient organic fines touch, differing material content to influence the soil properties. S. li~htlv M (Moist): Damp, although free water not or color. Fibril Peat: Greater than 67% orFanic used for borderline cases. visible. Soil may still have a high Hemic Peat: 33 - 67% water content (over "optimum"). Lenses: Pockets or layers Sapfic Peat: Less than 33% With roots: Judged to have sufficient quantity W (Wet./ Free water visible intended to greater than ½" of roots to influence the soil Waterbearing): describe non-plastic soils, thick of differing properties. Waterbearing usually relates to material or color. Trace roots: Small roots present, but not judged sands and sand with silt. to be in sufficient quantity to F (Frozen): Soil frozen si_kmificantly affect soil properties. _ DP-lO2 DP-106 DP-175 N 150 15 BOUNDARY OF PROJECT AREA SITE ADDRESS SITE IDENTIFICATION NUMBER PHASE II BORING PHASE II SEDIMENT SAMPLE PREVIOUSLY COMPLETED BORING EXISTING MONITORING WELL PHASE II MONITORING WELL ............ F__:~j.__ob~\4__e_!-_S_O..O\_4~__Z~_?lu__m?ja Heig__hts [__._n~_u~t_r!a_l .Pa_rk.~_.Re._~_de_ve_lo.~.p_m_e?\C_ad\fi~gS_.d._gn__ PHASE II REPORT/FFS/F~P Columbia Heights Industrial Park Columbia Heights, Minnesota ProSource Project No.: 482-00 FIGURE 5 LOCATION OF GEOLOGIC CROSS SECTIONS TECIIIHOLOGIES. ill CITY COUNCIL LETTER Meeting of: 12/13/2004 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: --I (~ ~'- PUBLIC WORKS ITEM: ENGI~EE~G FIr{AL DESIGN SERVICES BY: K. Hanse FOR THE HUSET PARKWAY DATE: 12/8/04~t.5~ DATE: Z Background: The consulting engineering fn-m of SEH has completed a detailed feasibility report to address the parkway and inkastructure needs ttn'ough the industrial area of the City, consistent with the Industrial Area Redevelopment Plan accepted by the Council in 2003. The engineering report provided recommendations for the development of a new road, infrastructure and streetscaping from 37th Avenue through the Industrial Area along 39m Avenue to Jefferson Street, and north to 40th Avenue. For this ;vork, proposals were reqnested and evaluated for the engineering consultant selection in March of 2004. Analysis/Conclusions: The work completed by SEH can be summarized as follows: Data collection and review of existing conditions. Established parkway layout & streetscaping design. Determined storm water ponding requirements. Conducted sanitary sewer and water main capacity analysis. Conducted a Traffic Study and evaluation of impacts. Provided a cost estimate and funding plan. Provide a detailed, written Feasibility Report. In addition to the engineering study work included in the report, SEH has also worked on the necessary project right-of-way, evaluated area soil conditions and potential impacts to the new roadway, assisted in the industrial area TIF District, and assisted in the industrial area EAW. Because of their background, I would recommend continuing the work as described on the attached proposal. Development of Final Plans and Specifications is requested to allow adequate time for plan preparation and the review process by MnDOT for a State-Aid plan set. This will also allow proper coordination with the Developer (Sharer-Richardson) to integrate and match adjacent design elements. Staff fin-ther believes it is appropriate to begin these tasks now as necessary land acquisition for Right-of- Way is a critical component that often can delay a project, particularly considering the project will have to meet State-Aid requirements and processes for acqnisition and ROW mapping. The proposal for services includes design surveying, roadway design consistent with the park~vay recommendations, streetscaping design, soils evaluation, drainage design, sanitary sewer and water main depign, ROW documents, and bidding se~wices. It does not include construction related services. Recommended Motion: Move to accept the proposal from SEH for the Huset Parkway Final Design based upon their proposal dated November 30th, 2004, in an amonnt not-to-exceed $222,800; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ICH: jb Attachments: Proposal COUNCIL ACTION: P. 135- November 30, 2004 Columbia Heights Industrial Area Redevelopment Huset Parkway SEH No. ACOLHT0403.00 M2'. Kevin Hansen, PE Director of Public Works City of Colurfibia Heights 637 - 38th Avenue N.E. Columbia Heights, M2q 5542 ! Dear Mr. Hansen: Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to provide professional engineering services to the City of Columbia Heights for the f'mal design phase of the Industrial Area Redevelopment near Huset Park. This letter describes our understanding of the project and proposed scope of services. Background SEH understands that the City of Columbia Heights desires to construct a parkway along Jefferson Street from 40t~ Avenue to 39th Avenue, and 39~h Avenue from Jefferson Street to 5th Street, and along new roadway alignment proposed to follow the abandoned railroad track between 5th Street and 37th Avenue. The parkway will serve as the primary access for the proposed Industrial Area Redevelopment. The proposed land use changes prompted a comprehensive review of the roadway improvements, traffic impacts and public utility needs for the area. SEH prepared a feasibility report dated December 2004 that addresses the area infrastructure. In addition, an Environmental Assessment Worksheet (EAW) was prepared, as well as other financing and land use documents. The final design is expected to be based on the recommendations and preliminary design developed in these documents. SEH has been requested to prepare this scope of work for f'mal plans and specifications for the public improvements that will support the proposed redevelopment. The work includes street and utility design, landscaping and lighting design, continuing geotectmical support, drainage design, sanitary sewer repair and water main replacement, and preliminary survey services for the entire project. The project design development and implementation will also require SEH to coordinate with the developer and Mn/DOT (State Aid approval). Even though the redevelopment and environmental cleanup is expected to be phased over a number of years, it is anticipated that the total roadway and utility improvement project will be bid as a single construction project in the year 2005. Scope of Services Data Collection and Surveying Field surveys for the project area are included in this agreement. The area to be surveyed will generally fall within the 150-foot right-of-way of the existing corridor and then extend into the area of the new " - - ' IOOcpluxt ul~ angnmen,, under the ~' ~-'-'m-~' "-- roundabout and in the area m^~ ~'~,,~ pond sites. A +,ot~.,grap~ ...... ~; ........ e~ will be done in the Anoka County Coordinate System and will include establishing horizontal and vertical control, and monument location within the roadway corridor. The survey is expected to be coordinated P. 136 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, PIN 55110-5196 Mr. Kevin Hansen December 7, 2004 Page 2 and shared with the adjacent mapping provided by the developer's engineers. Because of the current environmental excavation and cleanup work in the project area, our field survey will likely need to be phased to acquire additional elevation and topography information now and then after the environmental work is complete because of the anticipated change in elevations, especially in the area of pond 2. Other data collected includes investigation of record plan information for the existing sanitary sewer, water main pipe and services, m~d the existing storm sewer. Gopher One State excavation locates will also be called in, so that the actual private utility information can be field located and shown on the plans. Pictures of the existing street features and existing tie- in conditions will also be gathered. Structure surveys of the existing sanitary and storm manholes will be performed by City staff. Parkway Design The preliminary design of the vertical and horizontal elements of the parkway design will be further ref'med and detailed in the f'mal plans, meeting the requirements of current City and Municipal State Aid (MSA) standards. The plan review and approval will follow Mn/DOT established processes and schedules. The "interim" alignment connection of the roadway to existing Jefferson Street will be detailed for construction. However, the final alignment of the proposed curve in the park to 40th Avenue will be further refined, with the intent to limit the amount of reconstruction work in the future. The parkway will be designed with median, roundabout, and parking bay features as described in the feasibility report. New side street connections and removal of existing connections and streets as shown on the preliminary design will be considered.part of the project. The la'ails and sidewalks will also be designed adjacent to the roadway. The other sidewalk connections in the area, along Madison and 37th Avenue, but not adjacent to the roadway, are also expected to be part of the area improvements and are considered part of the final design scope of work. The roundabout will require a Roundabout Justification Report to submit for Mn/DOT approval. We also anticipate having two meetings with Mn/DOT to discuss the configuration of the intersections at TH 47 and 40th Avenue and 37~ Avenue. MiffDOT expressed concern about the operation of the intersections during the EAW comment period, so we have included time to review the intersections and provide design details into the projects as warranted. Urban Streetscape Elements The prelimin~ :de~i~i~0r the parkway included gateway features and the roundabout option with only conceptual id~s ~d 61~Sts. Since the space is limited, we discussed vertical elements such as banners and trees. An 6ixument will be considered for the south end median. We also considered paving entrance ar~ ~3 :~msswalks with colored concrete pavement. Moving into the f'mal design phase project, th~:i~a~&~y and roundabout inner circle will need to undergo preliminary design We will Pr0~ide:two sketches with options and costs for review, prior to final design. The landscap~g ~.Si:.~xpected to consist of linear tree plantings, and decorative pedestrian scale li street lighting.:~ · Softs A subsurface investigation was completed during the feasibility report phase of the project..Hpwey~r, pipe bedding details and final sub grade treatment recommendations will be refmed. Due to concern for the removal of the foundry sands in the adjacent parcels and the potential for construction debris and foundry sand in the roadway right-of-way, we have included some time in this phase for SEH's geotechnical engineer to review field notes from the environmental cleanup to further defme the excavation needs for the roadway contractor. In addition, we recommend the addition of two additional P. 137 Mr. Kevin Hansen December 7, 2004 Page 3 borings for Jefferson Street, north of 39th Avenue, due to suspicion of orga_rfic soils in the area as indicated by environmental borings taken in the area. Drainage Design Two ponds are proposed to be designed in conjunction with the redevelopment of the industrial area. The ponds will be designed to provide water quality and sized to treat a 2.5~inch rainfall event. The pond design for the large pond in the park is expected to require further design development to achieve the balance of aesthetics and treatment capacity acceptable to all stakeholders. We have included some time to create two sketches illustrating grading and capacity alternatives of each pond prior to final design. Comments received during the EAW comment period indicated the potential requirement for the ponds to be lined to alleviate concerns that pollutants from the surrounding contaminants might infiltrate into the groundwater via the pond. We have included provisions for the design of an engineered clay liner which includes a plan detail and material and construction specifications. New storm sewer pipe will be designed for the new parkway. Connections to the existing storm sewer in the area and the existing flow and pipe conflicts will need to be analyzed in this phase of the work. Because of the topography of the project area and proposed pond locations, the storm sewer system will be evaluated using the XP~SWMM modeling software. The new pipe will be sized and detailed on the plans. The cost estimate and funding participation splits will need to be developed for not only MSA participation, review and approval, but also for the developer. The City is the LGU for the wetlands. SEH expects to prepare the WCA permit. A construction NPDES permit application and corresponding SWPPP will also be prepared and submitted as required. No other permits are expected. Sewer and Water Main Improvements Utility improvements such as sanitary sewer repairs and the replacement of the water main along 5t~ Street and 39th Avenue are included in the proposed project. It is our understanding that the City will provide the location of spot sewer repairs for inclusion on our plan if required. Details and quantities for manhole repairs, service removals, and new service installations will be part of the SEH scope of work. Right of Way :' The purchasing of the right-of-way is expected to be a combined effort by the developer and the City. SEH expects, to p!~epar~"the right-of-way documents for the parcels that the City is acquiring. We have estimated that.we wi!! iieed to provide easement information for 4 parcels, either in the form of a right-of, way plat or easem~ descriptions and exhibits. The City is expected to provide the ownership encumbrance ~0~tion along with any document filing. Meetings and COordination ':?:::i-?::: The attached.sPreadsheet details a number of anticipated meetings throughout the design phase. decisions ;n:;:key issues on Schedule, we have scheduled a design meeting every month for months With'our project manager and your staff. Key SEH individuals working on the ' such as drainage or landscaping features have been included in some of the meetings. We ha~e'i.hiS6 planned for two meetings with Mn/DOT, one with private utilities, and two with the develOPer. Council Meeting has been included, anticipating the attendance at the meeting where final plans are considered for approval. Bidding Services Bidding services include the distribution of plans and specifications, answering plan holders' questions, tabulation of bids, preparation of a letter of recommendation, and prepm'ation of the contract documents. P. 138 Mr. Kevin Hansen December 7, 2004 Page 4 This project scope does not include construction services. SEH and the City will negotiate the project scope for construction services at the completion of f'mal design, if desired. The typical construction services include contract administration, project coordination, review of payment applications, consU'uction staking, resident project representative, final project review and closeout, and as-built drawings. The scope of our services and proposed man hours is outlined on the attached Exhibit A. The scope identifies all major project tasks, project deliverables, and assumptions. Costs SEH proposes to be compensated for the scope of work proposed in this Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus the reimbursable expenses, including reproductions, mileage, and equipment. Not included in these costs are construction services, special geotechnical design such as retaining walls and special embankments, environmental services, traffic signal design, structure surveys, sewer repair recommendations and Right-of-Way acquisitions. Our estimated cost for the work is as follows: SEH Project Area Preliminary Surveys and Data Collection Additional Soil Borings Final Design and Plan Preparation $ 26,600 $ 1,500 $194,700 Total $222,800 The costs are based on our understanding of the project to date. SEH would like to review the scope for f'mal design at the ilnd. of preliminary design for the streetscape elements to be sure the project assumptions are still c~ent. The cost for preliminary surveys for the project is shown separately for consideration. Schedule . '. ~ The schedule is based on Council authorization at the December 13, 2004 Council meeting to on the projeCtl We hope to begin the preliminary surveys as soon as possible. It is proposed design, pianS-~nd specifications would be completed during the winter and spring of late Sun~nhei~ 2005 construction start is desired. It is expected that construction would be pha~:~d'~erl years. This schedule for the final design and bidding for the project is very aggressive and heavily dependent upon obtaining information needed for design from the developer, right-of-way and t~ly review by the office of State Aid. If there are extended delays for reason beyond our control, or changes in scope, SEH would hope to be able to negotiate an equitable adjustment of our compensation that takes into consideration the impact of such delays and scope changes. Compensation adjustment could include, but not be limited to, changes in price indices and pay scales applicable to the period when the services are rendered. P. 139 Mr. Kevin Hansen December 7, 2004 Page 5 If this document satis.factorily sets forth your unde. rstanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff, and the community on this project. Thank you for the opportunity to continue to work with you and the City of Columbia Heights. Sincerely, SHORT ELLIOTT HENDRICKSON INC. /Sfis/an/M. Mason, P.E. ,~or Project Manager, Principal Approved this day of ,2004. City of Columbia Heights, Minnesr}ta By c: Randy S chumacher, Project Director P. 140 Columbia Heights Huset Parkway EXHIBIT A Preliminary Survey City Area - COLUMBIA HEIGHTS !J~liverables: Electronic and hard copy of existing physical features Word Project Project Speciality Project Senior/Lead Shaft Processorfrec Survey Crew Task Advisor Marmgor . Engineer EngJLS Arch Technician Technician h iA. Data Collection - SEH Coordinate SurVeys 8 Perform field surveys - topo,vert,hodz., x-section City Area 91 Transfer and reduce field data 8 8 Merge developer files 8 Total hours 123 0 01 0 16 16 C O; 91 Project labor cost this phase $21,185 Equipment charges Survey Vehicle 819 Mileage 246 Survey Equipment 4,350 Miscellaneous 0 Total profect cost this ohase $26.600 . Unioue comoonents or assumptions: 150' Right of Way Corridor Survey for Parkway and Pond Site 12/6/2oo4 P. 141 Columbia Heights Huset Parkway EXHIBIT A Final Design and Plan Preparation - Deliverables; 11x17 plans and specs for review and Permit applications. Plans and specifications produced for bidding purposes Engineers estimate Word Task Project Specialit7Project Senior/Lead Staf~ ProcessorlTec Sur~ey Crew Manager Engineer Eng./IS Arch Technician Technician h A. Detail Design - Parkway Develop final typical sections 2 8 8 8 Develop horizontal and geometric layout 3 8 8 Develop centerline profiles 8 8 8 Develop sidestreet profiles 8 8 8 Develop utility profiles 8 8 Develop trail alignmentJpr?files 3 4 8 8 Pavement design 8 Prepare final cross sections and earthwork 8 8 B. Detail Daslgn - Ponds Detail Design 4 16 39 Permit preparation/agency coordination 2 4 12 Final drainage design 2 17 72 Engineer's estimate/quantity takeoff 1 1 6 Prepare specification 1 1 6 Plan review meeting with City Staff 3 3 C. Right of Way · Identify easements 2 4 88 1 Field Survey 17 D. Plan Preparation Title sheet .1 2 4 i Typical sections 2 8 8 SEQ 4 8 8 Standard plates and tabulations 2 8 16 Details 2 8 8 8 Plan and Profile Parkway 4 24 36 Plan and Profile Side Streets 2 8 24 Utilities (sewer and water) 1- 24 24 Utilities (storm sewer) 4 48 Signing and Stdping 1 16 4 Turf Establishment and Erosion Control Sheets 1 4 8 Landscaping ' "' ' 3 8 Trail plan 4 8 8 Lighting : :,: S 8i Cross sections and Earthwork 2 40 86 E. Roundabout Design · Prepare roundabout justification report 4 20 Plans and spe6~ for ~igning and stdping 6 55 Plans and specs for traffic control/detour 1 10 Coordinate with MN/Dot and An0ka Co. for turn lanes 8 F. Urban Street Scape Design Reports and scheduling 48 16 Design development 8 28 28 Fina, pan,way plans 8 20 24 Construction documents 100 148 Bidding- 8 4 G. Lighting Detail Design 26 21 Lighting Specifications P' ~[ ~ 2 20 2 Columbia Heights Huset Parkway EXHIBIT A Final Design and Plan Preparation - Deliverables: 11x17 plans and specs for review and Permit applications. Plans and specifications produced for bidding purposes Engineers estimate Word Task Project Speciality Project Senior/Lead Staff Precessorfrec Survey Crew Manager Engineer Eng./LS Arch Technician Technician h H. Engineer's Estimate/Quanity Takeoff Streets and utilities 4 16 36 36 · Storm sewer cost participation 2 8 4 I. Prepare Specification Streets and utilities 32 4 18 8 J. Geotechnical Services Coordinate additional bodngs (includes review and testing) 2 6 0oordinate and review of plans/details 8 1 Olay liner and earthwork specifications 4 4 Pond liner details/notes on drawings 0.5 4 K. Agency Coordination City 18 24 3 Developer 9 12 1 Mn/Dot - State Aid Submittal 9 12 Private Utilities 12 16 2 Council Workshop 3 2 1 Total hours 1913.5 171 61,5 772 793 76 23 17 Project labor cost this phase $191,829 Equipment charges , Mileage 250 Reproductions 2,500 Miscellaneous 121 Total project cost this task $194.700 Unique components or assumptions: : Assumed production of 30 sets of review and bidd ng documents 12/7/2OO4 P. 143 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ C.. % License Department A_PPROVA_L ITEM: Suspension of Tobacco License for Oasis BY: Shelley Hanson r~\rx, DATE: Market DATE: December 10, 2004 BY: ~~z~'~ NO: BACKGROUND/ANALYSIS During recent compliance checks of businesses to ensure sales are not made to underage persons, Oasis Market at 400! University Avenue was .cited for violating this law. This was the third offense for this establishment within a 24 month period. This results in a $250 fine mhd a suspension of the license for not less than 7 days per City Ordinance 5.302 (13). The time fi:me of the suspension must be set by the City Council. It is Staff's recommendation that this license be suspended prior to the end of 2004, so as not to. affect the 2005 license being applied for by a different individual on behalf of the company. Attached is the notice that was sent to Mr. Moody stating that his license Will be suspended, along with copies of the citations that were issued during the last 24 months. RECOMMENDED MOTION: Move to suspend the License to sell Cigarettes/Tobacco products of Twin Cities Avanti Stores LLC dba Oasis Market for a period of __ days. The dates of the suspension will be December __ -__, 2004. COUNCIL ACTION: P. 144 COLUMBIA HEIGHTS POLICE DEPARTMENT 55g MILL STREET N.E.. COLUMBIA HEIGHTS, MN 55421-3882 (763) 706-3750 TDD (763} 706-36~2 November 22, 2004 Mr. Paul Moody Twin Cities Avanti Stores, LLC dba Oasis Market 2020 Silver Bell Road #23 Eagan, NfN 55122 Dear Mr. Moody; Enclosed you wi!! find a City of CoIumbia Heights administrative ticket for sale of tobacco to an underage person. Be advised that this is the third incident of this nature within a 24-month period that has occurred at the Oasis Market, 400t University Avenue NE. Columbia Heights City Ordinance rec~uires a license suspension of not less than seven days after a third offense of this nature. I have included a copy of that portion of the ordinance 5.302 (13) below for your information. "5.302(13) PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have vioIated this ordinance, shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and 5250.00 for a third or subsequent offense at the sm'ne location within a t~venty-~bur (24) month period. In addition, after the third offense, the license shall be suspended for nor less than seven (7) days." Please be advised that this item is being scheduled for the City Council meeting of December 13, 2004 for their consideration on the license suspension issue. Should you have any questions regarding this administrative tag, please feel free to contact me at 763-705-3754. Should you have questions regarding the license suspension issue, please conrac~ Shelley Hanson in the Cornnxunity Development Department at 763-706-3678. Sincerely, ~ William J. Rod'd:~-------------:~ 'Captain WJR:kao P. 145 STATEI;qP CODEi-D-A'TE OF BIRfH IEYES t HBGHT I WBGHT ISEXI VEHICLE UCENSE PLATE STATE MAKE MODEL COLOR //'~i/~']'~t~!"?IDATE OF OFFENSE [ / '"TTIMEFq I JUVENILE PARENT/GUARDIAN :LOCATION & CITY / / - . / , ,-'~ . .. ,, OFFENSE NO, 2 ORDINANCE PqNE OFFENSE NO. 3 ORDINANCE FINE CFFE,NSE NO. 4 ORDINANCE ;FINE DEPARTMENT City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 FINES NOT PAID WITHIN 7 DAYS WILL BE REFERRED TO ANOKA COUNTY COURT, WHITE-FINANCE · YELLOW-RECORDS . PINK-VIOLATOR P. 146 From: Cheray Olson To: Bill Roddy Date: 11/18/04 8:22:30 AM Subject: OASIS MARKET 04/16/03 03080696 Admin Tag # 7413 was paid on 5/14/03 for the amount of $75.00 - Citation 618-562 shows a conviction on 5/7/03 with the amount of $445.00 2/17/04 04036068 Admin Tag # 9201 was paid on 3-16-04 for the amount of $200.00 - Citation 743-741 shows a conviction on 3-23-04 as Adjudication Withheld with the amount of $220.00 will place the disposition in your inbox Cheray P. 147 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: '-I ~_~ L~ ~ License Department APPROVAL ITEM: Appeal Decision to Deny the 2005 BY: Shelley Hanson r~'~ DATE: Renewal of Cigar Lic for Sal em T o b acc0~ ~~~/ NO: DATE: December 3, 2004 BY' BACKGROUND/ANALYSIS Attached is a letter received from Carl Newquist, Attorney for Mr. Adel Salem, owner of Salem Tobacco located at 2325 37th Place NE. The letter explains that Mr. Salem is asking tlie Council to change its decision regarding the renewal of his Cigarette/Tobacco license for 2005. He is asking for a renewal of his license for at least a short time until he can make arrangements to sell Salem Tobacco and allow sufficient time for the new owner to obtain a license. The City Council now needs to decide whether or not to uphold its decision that was made at the meeting of November 22, 2004. RECOMMENDED MOTION: Move to uphold the decision made on November 22, 2004, to deny the renewal of the Cigarette/Tobacco license for Adel Salem dba Salem Tobacco based on the recommendation of the Police Department. COUNCIL ACTION: ~j P. 148 CARL J. NEWQUIST b. WILLIAM EKSTRUM DAVID J. BRODIE ATTORNEYS AT SUITE 301, FRIDLEY PLA~ OFFICE BUILDING 640~ UNIVERSITY AVENUE N.E. FR i DLEY, M I N N ESOTA TELEPHONE (763) 571-6~70 FAX (7~3) November 30, 2004 OF COUNSEL GREGG HERRICK PLLC DOUGLAS J. PETERSON* LEGAL ASSISTANt PATRICIA A. philLIPS Mr. Thomas Johnson Chief of Police City of Columbia Heights 590 - 40th Avenue N.E. ' Columbia Heights, MN 55421-3878 _/'Ms. Shelley Hanson License Clerk City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 Re: Adel Salem/Salem Tobacco License Dear Chief Johnson and Ms. Hanson: I represent Mr. Adel Salem, who has done business in your community for a' number of years at Salem Tobacco, located at 2325 - 37th Place N.E., Columbia Heights, Minnesota 55421. Mr. Salem has recently received notice that due to an alleged federal conviction for --"' ~ ~,,~, ~raud, the Council has denied renewal of his tobacco license. At the onset, i should tell you that Mr. Salem has asked me to determine if there is any reasonable way in which he could amicably resolve this matter that wouid give him at least a short period of time beyond the holiday season wherein he would have an opportunity to sell Salem Tobacco as an ongoing business, and a sufficient time to allow a buyer to make application to the CitY for a tobacco license. As you know, Mr. Salem has operated tobacco stores in the metropolitan area for many years, and to my knowledge has never been c.harged or convicted with the sale of tobacco products to a minor. I mention this because the purpose of Ordinance No. 1371 is stated to be "To reduce the illegal sale, possession, and use of such items to Mr. Thomas Johnson Ms. Shelley Hanson November 30, 2004 Page 2 and by minors". There is no reason to believe that Mr. Salem would at this point start to make illegal tobacco sales to minors. As you know, even if Mr..salem was convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products, or tobacco-related devises, the existence of that particular ground for denial does not mean that the City must deny the license. The revocation has the real potential to destroy a valuable business. It is my sincere belief and understanding that Mr. Salem has not been sentenced for any violation of the law, and so therefore, he does not presently stand convicted of anything. My assertion is based upon my understanding of state law. This license denial raises a number of issues which i hesitate to get into at this time. For clarification, I do want to add that nothing that Mr. Salem has been charged with in any way relates to his tobacco business in Columbia Heights. Nothing that Mr. Salem has been charged with in any way relates to the illegal sale of tobacco products to minors. Given the fact that Mr. Salem has always lawfully and properly operated businesses in Columbia Heights, I hope the City will provide me with the opportunity to discuss a settlement of this license issue. Thank you. .,I~. ew~ist CJN:cg CC: James Hoeft, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Minneapolis, MN 55433-5894 P. 150 COLUMBIA HEIGHTS POLICE DEPARTMENT DATE: October 20, 2004 TO: FROM: SUBJECT: Shelley Hanson, License/Permit Clerk Thomas M. Johnson, ChiefofPolic~ Cigarette/Tobacco License for Salem Tobacco Inc. The Columbia Heights Police Department has completed a back~ound investigation of Mr. Adel Salem and Associates, d.b.a. Salem Tobacco Inc, 2325 37th Place NE. Columbia Hei~2ts, Minnesota. Mr. Salem applied for a Cigarette/Tobacco License. The department has checked the criminal history of Mr. Salem, and we have checked our local files and with the law enforcement agencies in the jurisdictions where he has resided. Initially we found nothing that would preclude them from being issued a Cigarette/Tobacco License. Then_ i~_ the October !6, 2004 issue of the Star Tribune it was noted in an article (see attached) that Mr. Adel Salem plead guilty to mail fraud in relationship to a "bust out" scheme from 1996 to 1999. This scheme involved the fraudulent purchase of nearly $1 million dollars in cigarettes.. We also found that Mr. Salem and one of his Associates were charged for selling Tobacco products to a minor during one of our compliance checks in December of 2001 Columbia Heights City Ordinance 5.302(5) (B) Basis for Denial of License states "The applicant or any employee thereof has been convicted within the past five years Of any violation of Federal, State, or Local Law, ordinance provision, or other regulation relating to tobacco products, or tobacco related devices" may be gounds for denying the issuance or renewal of a license under this ordinance. It is the recommendation of the Police Department that af Cigarette/Tobacco License not be issued to Salem TobaCco Inc., at 2325 37th Place NE based on the recent Federal Conviction. P. 151 CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Items for Consideration' ORIGINATING DEPT.: CITY MANAGER NO: '") FL, ~ License Department APPROVAL ITEM: Appeal Decision to Deny the 2005 BY: Shelley Hanson r~O~ DATE: Renewal of Cigar Lic fo rJ erusal em Cdfe~ ~~/~----/~ '~'/' /~~/~.' ~z" -, ~',~' NO: DATE: December 3, 2004 BY: BACKGROUND/ANALYSIS Attached is a letter received fi:om Carl Newquist, Attorney for Ms. Aqel, owner of Jerusalem Caf& The letter explains that Ms. Aqel has terminated the employment of Adel Salem as Manager, and thus, is appealing the decision made by the City Council to deny the renewal of her Cigarette/Tobacco license for 2005 at the meeting on November 22nd, 2004. As stated in the memo from Tom Jolmson, Police Chief, the recommendation for denial was based on Mi'. Salem's recent federal conviction. Since Mr. Salem is no longer a part of the business, the Council will need to decide whether or not to approve the 2005 renewal of this license. RECOMMENDED MOTION: Move to approve the 2005 application for a Cigarette/Tobacco Sales license for Ms. Zakira Aqel dba Jerusalem Caf6 operating at 4921 Central Ave NE based on the recommendation of the Police Department. COUNCIL ACTION: P. 152 CARL J. NEWOUIST B. WILLIAM EKSTrUM DAVID d. BRODIE NEB~QI3IST & El{STRUM, CItAt~TERED ATTORNEYS AT LAW SUITE 301, FRIDLEY PLAZA OFFICE BUILDING 6401 UNIVERSITY AVENUE N.E. F~IDLEY~ MINNESOTA 5543~3~1 TELEPHONE (763} 571-6~70 FAX (763) 571-6884 November 30, 2004 OF COUNSEL GREGG HERRICK PLLC DOUGLAS J. PETERSON* LEGAL ASSISTANT PATRICIA A. PhillIPS Mr. Thomas Johnson Chief of Police City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 ,,/Ms. Shelley Hanson License Clerk City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 Re: Zahira Aqel/Jerusalem Caf~ Tobacco License Dear Chief Johnson and Ms. Hanson: I represent Ms. Zahira Aqel,.who is the owner of the Jerusalem Caf~ located at 4917 Central Avenue N.E., Columbia Heights, Minnesota 55421. Ms. Aqel has been a long standing and absolutely law abiding member of your business community for 'a number of years. She was therefore shocked and disappointed to receive a letter from Ms. Hanson d~ted November 23, 2004 indicating that "Due to your recent Federal Conviction for mail fraud.., the Council found sufficient reason to deny renewal of this license." I think that what the City probably intended to state was that due to ihe alleged conviction of Ms. Aqel's manager, Adel Salem, the Council found sufficient reason to deny her renewal of her tobacco license. Rather than argue or dispute any of the issues, Ms. Aqel has simply terminated the employment of Adel Salem at the Jerusalem Caf6 effective midnight, November 30, 2004. Please consider this letter to be written notice that the applicant for a tobacco license for 2005, Ms. Zahira Aqel, wishes to exercise her right to appeal the Council's decision. I understand that her appeal will be held at the regular meeting of the Mr. Thomas Johnson Ms. Shelley Hanson November 30, 2004 Page 2 Columbia Heights City Council on Monday, December 13, 2004. I assume that with her assurance that Mr. Salem will no longer be employed at the Jerusalem Caf6, Chief Johnson and any other applicable member of City staff will recommend issuance of the tobacco license to Ms. Aqel effective January 1, 2005. From my phone conversations with both of you on November 29, 2004, I understand that the City does not have any type of formal notice and/or appeal forms. If I have misunderstood anything about the procedure, and/or the likely outcome, or if there is any further information that I can supply, please let me know. Thank you. CJN:cg ~ev~ist CC: James Hoeft, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Minneapolis, MN 55433-5894 P. 154 COLUMBIA HEIGHTS POLICE DEPARTMENT DATE: October 28, 2004 TO: FROM: SUBJECT: Shelley Hanson, License/Permit Clerk Thomas M. Johnson, Chief of Polic Cigarette/Tobacco License for Jerusalem Market The Columbia Heights Police Department has completed a background investigation of Ms. Zahira Muhammad Aqel and Mr. Adel Salem and Associates, d.b.a. Jerusalem Market, 4917 Central Ave. NE Columbia Heights, Minnesota. Ms. Aqel and Mr. Salem applied for a Cigarette/Tobacco License. The department has checked the criminal history of Ms. Aqel and we find nothing to prevent her from having a Cigarette/Tobacco License. We also checked Mr. Salem in our local files and with the law enforcement agencies in the jurisdictions where he has resided. Initially we found nothing that would preclude them from being issued a Cigarette/Tobacco License. Then in the October 16, 2004 issue of the Star Tribune it was noted in an article (see attached) that Mr. Adel Saleln plead guilty to mail fraud in relationship to a "bust out" scheme from 1996 to 1999. This' scheme involved the fraudulent purchase of nearly $1 million dollars in cigarettes. We also found that Mr. Salem and one of his Associates were charged for selling Tobacco products to a minor during one of our compliance checks in December of 2001 Columbia Heights City Ordinance 5.302(5) (B) Basis for Denial of License states "The applicant or any employee thereof has been convicted within the past five years of any violation of Federal, State, or Local Law, ordinance provision, or other regulation rel'ating to tobacco products, or tobacco related devices" may be grounds for denying the issuance or renewal of a license ur/der this ordinance. It is the recommendation of the Police Department that a Cigarette/Tobacco License not be issued to Jerusalem Market, at 4917 Central Ave. NE based on the recent Federal Conviction of Mr. Salem. P. 155 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 13, 2004 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY NO: ~ C ~ Community Development MANAGER'S APPROVAL ITEM: Discuss including more appointed BY: Robert Streetar BY'~~ residents to the EDA DATE: December 7, 2004 BACKGROUND At the November 16, 2004 EDA meeting commissioners directed staff to notify the Council as to their desire to have the City Council discuss including more appointed citizens on the EDA, thereby reducing the number of City Council Members. According the attached EDA Enabling Resolution, Section 2.02 states, '~he board of commissioners of the CHEDA shall consist of seven members, at least two but no more than five of whom must be members of the City Council. The members shaft be appointed by the Mayor with the approval of the City CounciL"The City Council has the option of have two, three, four or five Council members as EDA commissioners. RECOMMENDATION: Staff recommends the City Council discuss including more appointed citizens, and fewer City Council members as EDA Commissioners. COUNCIL ACTION: h:\Consent2004\CL Discuss residents on EDA P. 156 RESOLUTION NO. 2001-62 AMENDED AND RESTATED RESOLUTION ENABLING ~ CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN ~ CITY OF COLUM]B~ ~EIGHTS; MODIFYING RESOLUTION NO. 96-01 BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section I. Background and Findings 1.01.' The City is author/zed by Minnesota St~s, Sections 469.090 to 469.1081 (EDA Act) to e, stab. lish an economic development authofl{y to coordinate and administer economic cevelopment and redevelopment plans an~ograms for the City. By Resolution No. 96-01 approved January 8, 1996 (Enabling Resolution), the City established the Co. lumbia Heights Economic Development Authority (CHEDA), for the purpose of coordinating and administering economic development and redevelopment/n and for the City. 1.03. 1.04. 1.05. 1.06. By resolution approved January 8, 1996, the City transferred to CHEDA the conb'ol, authority and operation of all projects then admirfistered by the Housing and Redevelopment Authority ha and for the City of Columbia Heights CftRA). The City Council has determined to modi~ the respective powers of CItEDA tu-~d the I-IRA pursuant to Section 469.094, subdivision 1 of the EDA Act, and to that end has adopted Ordinance No. 1442 (the Allocation Ordinance). The Allocation Ordinance generally allocates powers related to low and moderate income housing under Minnesota Statutes, Sections 469.001 to 469.0146 (I-/RA Act) to the HRA, and powers related to economic development and redevelopment to the CHEDA. The City Council has further determined to modify the Enabling Resolution in order to conform the powers of CHEDA with the Allocation Ordnance. 1.07. The City Council has in accordance with Minnesota Statutes Section 469.093, provided 'public.notice and conducted a public heating on October 22, 2001, concerning the modification of powers of the CHEDA at which all persons wishing to be heard were given an opportunity to express their views. 1.08. This resolution constitutes an amendment and restatement of the or/trinal F. nuhHn, Resolution, incorporating limitations on CHEDA's powers in accordance with the Allocation Ordinance. Section 2. Enabling Authority. 2.01. The CHEDA was established under the Enabling Resolution as adopted January 8,' 1996. 2.02. The board of commissi°ners of the CHEDA shall consist of seven members, at least two but no more than five of whom must be members of the City Council. The members -vt- ...... .~ th~ i'~,ayo, approval of thc City Council. 2.03. Commissioners shall be appointed for initial terms of one, two, three, four and five years respectively, and two members for six years. Thereafter all commissioners shall 'be P. 157 2.04. 2.05. 2.05. appointed for six-year terms. Notw/thstanding the above provisions, the term of any commissioner who is a member of the City Council shall coincide with that member's term of office as a City Council member. A vacancy is created in the memberskip of the CHEDA when a City Council member of the board of commissioners ends Council membership. A vacancy for this or any other reason must be filled for a new te__rrn or the balance of the expired term, as the case may be, in the manner in which the original appointment was made. The following limits apply to the CI~.DA and its operation: (a) The sale of bonds or other obligations of the CHEDA must be approved by the City Council. Co) (c) The CHEDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. Development and redevelopment actions of the CHEDA must be in conformance with the City comprehensive plan and official controls implementing the Comprehensive plan. (d) (e) The CKEDA must subm/t its plans for development and redevelopment to the City Council for approval in accordance with City plannhag procedures and laws. The CHEDA shall not h/re permanent or temporary employees without prior approval by the City Council. (f) The administrative structure and management practices and policies of the CHEDA must be approved by the City Council. Except as limited by the Allocation Ordinance, the EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (i) all powers under the HRA Act other than those allocated to the HRA under the Allocation Ordinance. (ii) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (iii) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the I-IRA Act or the EDA Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes. ~,,-,,~,,,...- '~u~. t~z to 469. i65. --' (iv) the authority to acquire property, exercise the fight of eminent domain; make contracts for the purpose of'redevelopment and eeonornie development; serve as a i/mired partner/n a partnersh/p whose purpose is eons/stent with the CHEDA's purpose; buy supplies' and materials needed to carry out development within the EDA Act; and Operate and maintain public parking facilities. (v) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (vi) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the I-IRA Act), subject to approval by the City Council tn accordance with P. 158 Section 469.033, subdivision 6. (vii) all powers under Minnesota Statutes, Sections 469.474 to 469.179, including without limitation the power to establish a housing district as defined in Section 469.174, subdivision 11. 2.06. CHEDA may not ex,else powers under the ~ Act that are allocated to the HRA under the Allocation Ordinance. 2.07. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the CHEDA are to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obl/gafion heretofore issued by the City, CIq~DA or the HRA. Section 3. Implementation. 3.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are requ/red and perm/tted by the EDA Act to give full effect to this resolution. 3.02. The Mayor, the Manager, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to th/s resolution. 3.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution or the Allocation Ordinance to impose new or different limitations on the CHEDA as authorized by the EDA Act. Passed this 22~ day of October 2001. Offered by: Second by: Roll Calk Szurek Williams ~ Ayes: Szurelc, Williams, Wyckoff, Peter~.~ay: ,~ocki Mayor Ga~ L/~ete-rson- cia Muscovitz, Deputy City ~lerk P. 159