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HomeMy WebLinkAboutJanuary 24, 2005 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 Mayor Gary L. Peterson Councibne~nbers Robert .4. Williams Bruce Ncn~,rocla Tammera Ericson Bruce Kelzenberg .Citp Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, January 24, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Dan Thompson - Columbia Heights Assembly of God 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 Minutes for January 10, 2005 regular City Council meeting P5 MOTION: Move to approve the minutes of the January 10, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the Planning and Zoning Commission meeting minutes of December 7, 2004. P16 MOTION: Move to accept the Plamfing and Zoning Commission meeting minutes of January 4, 2005. P17 3) Establish Work Session meeting date for Monday, February 7, 2005, beginning at 7:00 p.m. in Conference Room 1. P20 MOTION: Move to establish a Work Session meeting date for Monday, February 7, 2005 beginning 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 City Council Agenda January 24, 2005 Page 2 of 4 4) Approve City Newsletter Printing Quotations for 2005 P21 MOTION: Move to enter into an agreement with Rapid Graphics and Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2005; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 5) Award Bid of 800 MHz Equipment P29 MOTION: Move to award the 800 MHz equipment purchase to Ancom Communications, Inc., based upon their low, qualified, responsible bid in the amount of $39,599.45, plus an additional taxes with funds to be appropriated from 439-42200-5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 6) Establish Public Hearing - Cable Rates P30 MOTION: Move to establish a Public Hearing date of Monday, February 14, 2005, at 7:00 pm. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March 2004 rate filing. 7) Adopt Resolution No. 2005-05 being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes P32 MOTION: Move to waive the reading of Resolution No. 2005-05, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-05, being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes. 8) Approve Public Works Blanket Orders for 2005 P43 MOTION: Move to authorize staffto process blanket purchase orders in an amount not-to-exceed the 2005 budget amounts for: De-icing salt for salt/sanding operations purchased offthe State of Mim~esota Purchasing Contract and fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement. 9) Approve Joint Powers Agreement with Anoka County "Cities" for street maintenance. P44 MOTION: Move to approve the Joint Powers Agreement between the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids and Fridley for the joint public bidding of certain street maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the salne. 10) Approve Final Payment for the Central Avem~e Street, Utility, and Streetscaping Improvements P50 MOTION: Move to accept the work for Central Avenue Street, Utility, and Streetscaping Improvements, City Project 99-12 and authorize final payment of $47,339.16 to Thomas and Sons Construction of Rodgers, Minnesota. 11) Cleaning and Lining of 2,560 lineal feet of water main: Minneapolis 2005 Program P53 MOTION: Move to authorize the preparation of final plans and specifications for water main cleaning and lining of two segments of pipe totaling 2,560 lineal feet, under the City of Minneapolis main cleaning and lining progrmu for 2005. City Council Agenda January 24, 2005 Page 3 of 4 12) Establish a Hearing Date of February 14, 2005 for revocation or suspension of rental property license at 4600-4602 Johnson Street and 4656-4658 Polk Street. P58 MOTION: Move to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Tracy Saloka at 4600-4602 Johnson Street N.E. MOTION: Move to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Va Megn Thoj at 4656-4658 Polk Street N.E. 13) Approve Business License Applications P59 MOTION: Move to approve the items as listed on the business license agenda for January 24, 2005 as presented. 14) Approve Payment of Bills P61 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 111326 through 111508 in the amount of $723,004.94. w PUBLIC HEARINGS A) Second reading of Ordinance No. 1480, bein~ an Ordinance amending Chapter 2, Section 15, ofth~: Charter pertaining to Official Bonding P69 MOTION: Move to waive the reading of Ordinance No. 1480, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1480, being an Ordinance amending Chapter 2, Section 15, of Official Bonds of the City Charter. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4824 Stinson Blvd. P71 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Alicia Anderson Regarding Rental Property at 4824 Stinson Blvd N.E. in that the Violations on the Property have been corrected. c) Public Hearing called for Revocation/Suspension of Rental Housing License at 1407-09 Circle Terrace N.E P72 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Chris Cornelius Regarding Rental Property at 1407-09 Circle Terrace Blvd N.E. in that the Violations on the Property have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Avenm, N.E. P73 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic, LLC Regarding Rental Property at 3849-51 Central Avenue N.E. in that the Violations on the Property have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 1133 45th Avenue P74 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Donn Woods Regarding Rental Property at 1133 45t~ Avenue N.E. in that the Violations on the Property have been corrected. City Council Agenda January 24, 2005 Page 4 of 4 ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business 1) Adopt Resolution No. 2005-04, being a Resolution establishing Plannin g and Zoning Fee Schedule and set Second Reading of Ordinance No. 1479 P75 MOTION: Move to waive the reading of Resolution No. 2005-04 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-04 being a Resolution amending the Plalming and Zoning Fee Schedule. MOTION: Move to waive the reading of Ordinance No. 1479 there being ample copies available to the public. MOTION: Move to establish February 14, 2005 for the second reading of Ordinance 1479 being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. 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 comlnents to five minutes.) 10. COUNCIL CORNER 1 I. ADJOURNMENT Walter R. Fehst, City Manager WF~vm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 10, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 10, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Oaths of Office were administered to Mayor Gary Peterson, Councihnember Bruce Nawrocki, and Councilmember Bobby Williams by Deputy City Clerk Patty Muscovitz. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councihnember Nawrocki, Councilmember Williams, Councihnember Ericson, Councilmember Kelzenberg Pastor Tim Roehl, Clu'istlife Evangelical Church, gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson gave each Councilmember an opportunity to speak to begin the new year. Kelzenberg congratulated Peterson, Nawrocki, and Williams on their election. He stated Councihnembers intent to get along better, move the City along, and to come together to make a better community. Williams stated that Councilmembers have cmmnitted themselves to each other and our conununity, agree to disagree, will work hard to be examples to our city, and have a positive image for our city. He congratulated Peterson and Nawrocki and thanked those who voted for him. Residents were told to call him if they have any questions. Peterson congratulated Williams and Nawrocki and indicated the desire to work with them for the cmmnunity. He stated that last Thursday the community lost beloved 95 year old citizen, A1 Naegele. Peterson listed the many organizations and activities that Mr. Naegele paaicipated in. He thanked the former Mayor and Nawrock5 for conducting a video interview with Mr. Naegele last year, for historical purposes. Peterson indicated his vision for the City Council to work together, with respect, in a more profession maturer to bring back Heights pride. He indicated that some actions fi'om lfis last term were counter projective, and apologized. Ericson stated that this is an exciting time for our city, with exciting projects. The City is in a period of redevelopment. We have a wonderful staff, and she sees great things happening in Columbia Heights in the next couple of years. Ericson invited everyone to become involved. Nawrocki indicated Peterson's cmmuents were well stated. Councihnembers have learned from past controversy, and have discussed working together for the betterment of the City. Nawrocki described the handling of the property on 40th Avenue and Peterson's and Willimus' attempt to develop the property for the good of the City. Their limited liability partnership was filed prior to the time indicated at the last meeting. He stated that lvk. Peterson withdrew his offer because of public discussion, despite the funds he had invested. The big loser in this is the City Colmnbia Heights as the property remains vacant and we have funds tied up property acquisition. Nawrocki refen'ed to comments received during carp. 5tigning that were favorable and suggestions made. He stated his belief that there is room for improvement, lie does not apologize for being assertive and City Council Minutes January 10, 2005 Page 2 of I 1 aggressive, but will remain open minded. Though discussions with the Mayor, he will be able to pursue his points of discussion, but will do better to work with other Councihnembers. Members can disagree without being disagreeable. Nawrocki stated that the City Manager could provide better alternatives for city business. He expressed great concern about city finances. We have good people working for the city, but need to make the effort to Use city resources in the best way we can. A voter suggested that the City Manager bring to Council a list if items he will work on in the following months, with follow up reports. Nawrocki suggested renegotiating fees for legal services. He also suggested that each department place two percent of their budget into a reserve or contingency to help us to do more with less. Nawrocki indicated that city staff should support the city business district, not talk against them. Nawrocki referred to the December 2nd letter to the editor indicating his inability to work with women and described many instances where he has worked with and supported women. He indicated his belief that Councilmembers will have differences, and his hope that the differences are handled in a respectful manner. Nawrocki also referred to the death of A1 Naegele and gave an example of his outstanding character with a story from his youth. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Introduction of New Employee - Lan-y Pepin, Building Official Peterson invited Mr. Pepin to speak. Pepin listed lfis background and experience and stated his pleasure to work for Columbia Heights, as there are many exciting possibilities. He stated that this would become the place to live; a convenient and growing cmmnunity. Recognition- Ted Yehle, fonner Charter Con:anission and Planning and Zoning Cormnission member. The Mayor introduced Ted Yehle and thanked him for his service to the cmmnunity. Yehle commended the Council for the outlook they have to work together. He indicated that he wanted to address the Council and the public, as he has moved to another community, and stated his pleasure to have lived and worked in this co~mnunity. He stated his home for continued redevelopment. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers tlu'ough the consent agenda. 1) Approve City Council Meeting Minutes for December 13, 2004 regular City Council meeting Motion to approve the minutes of the December 13, 2004, regular City Council meeting as presented. 2) Accept Boards and Cormnissions Meeting Minutes Motion to accept the EDA minutes of November 16, 2004 Motion to accept the Park and Recreation Cmmnission minutes of November 23, 2004 Motion to accept the Traffic Commission minutes of December 6, 2004 Motion to accept the Library Board minutes of December 7, 2004 Establish Work Session meeting date for Tuesday, January 18, 2005, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Tuesday, January 18, 2005 beginning at 7:00 p.m. in Conference Room 1. Fehst stated that to accmm~aodate the needs of Councilmembers for alternative meeting nights, the EDA/HRA, which meets on the thh'd Tuesday of the month, would change to the fourth Tuesday. This would allow the second work session of the month to be held on the third Tuesday instead of the third Monday. Tlfis will begin on Tuesday, January 18th, in Conference Room 1. P. 6 Fehst listed items to be discussed at this wor.~ oession: water quality complaints, lead water services, City Council Minutes January 10, 2005 Page 3 of 11 street rehabilitation for Zone 7B, plam~ing permit fees modification, cmmnunity center demand analysis, housing maintenance license rates, and purchase of 800 MHz radios. 4) Appoint Con:unissioners to the Economic Development AuthoriW (EDA) Motion that the Mayor appoint Nawrocki, Williams, and Peterson, with City Council approval, to fill the vacant EDA Cmrnnissioner positions. 5) Appoint Cmm-nissioners to the Housing and Redevelopment Authority (HRA) Motion that the Mayor appoint Nawrocki and Willimr~s, with City Council approval, to fill the vacant HRA Cmmuissioner positions. 6) Adopt Resolution No. 2005-02, being a Resolution to extend the term of the Southern Anoka Coun _ty Community Consortium Joint Powers Agreement for payment of the mmual fees for FY 2005- and 2006. - Removed Fehst stated this expenditure was approved in the 2005 budget. This is a two year resolution to extend the joint powers agreement. Fehst handed out the fn-st Values First newsletter. 7) Authorize staff to obtain price quotes for printing and mailing of the 2005 "Heights Happenings" Ci_ty Newsletter Motion to authorize staff to obtain price quotes for printing and mailing of the 2005 "Heights Happenings" City Newsletter. Fehst stated that this would be in the stone fonuat as in the past, working with local printers. Nawrocki asked for an impartial budget presentation in the newsletter and requested to see it prior to printing. An article should be included on utility rate increases and accepting applications for Board and Commission openings. 8) Establish John P. Murzyn Hall rental rates for 2005-2006 Motion to adopt the 2005-2006 Murzyn Hal! rental rates as outlined by the Park and Recreation Commission at their meeting of November 23, 2004. Fehst indicated that information requested on the Knights of Columbus and Mem~aid facility rates were distributed to Councilmembers with their mail. Nawrocki stated that the number of rentals at Murzyn Hall has decreased. In compm'ing rates, we could do a better job giving our resident a price break. 9) Establish a Hearing Date of January 24, 2005 for revocation or suspension of rental property_ license at 4824 Stinson Blvd., 1133 45th Ave., 1407-09 Ch'cle Terrace, 3849-51 Central Ave. Motion to Establish a Hearing Date of January 24, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Alicia Anderson at 4824 Stinson Blvd. N.E. Motion to Establish a Hearing Date of January 24, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dram Woods at 1133 45th Avenue N.E. Motion to Establish a Hearing Date of January 24, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Chris Cornelius at 1407-09 Circle Terrace N.E. P79 Motion to Establish a Hearing Date of Januuij _4, 2005 for Revocation or Suspension of a City Council Minutes January 10, 2005 Page 4 of 11 License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic LLC at 3849-51 Central Avenue N.E. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 13, 2005 as presented. 11) 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 110966 through 111325 in the amount of $4,165,719.36. Ericson asked for clarify on who would be appointed to the EDA and HRA. Peterson stated that the two reappointed Councihnembers would be placed on the EDA and HRA and he would be placed on the EDA. Motion by Ericson, second by Williams, to approve the Consent Agenda items, with the exception of #6. #6. Adopt Resolution No. 2005-02, being a Resolution to extend the term of the Southern Anoka County Colmnunity Consortium Joint Powers Agreement for pawnent of the annual fees for FY 2005- and 2006. Nawrocki stated that because of the City's financial situation, the $7,500 should be used for more direct pm-poses. Fehst stated that County Cormuissioner Jim Kordiak encouraged continuance in this progrmn. Fehst listed the purpose of this group, and stated that without financial support we would not be allowed a vote. Fehst suggested continuing support for the coining year, with review prior to the next budget proceedings. Motion by Nawrocki to not renew membership in the SACCC. Second by Willimns. Ericson stated this has been discussed, with the Police Chief Speaking passionately in favor of this program. Ericson read from an article indicating this and referred to the programs and the affect they have. It tells youth that we care. She felt that, given the amount of money asked for this prograna, it would be sad to not continue. Kelzenberg agreed, stating the need to invest in our children. This is not a large amount and the more help the children get, the better offthey will be. Williams stated that he is for helping our children, but in this hard budget time, maybe we should use our funds elsewhere. Peterson stated he would like to support this program for another year, with periodic reports on theh' activities. He also indicated that the Police Chief strongly believes in this progrmn. We have to reach out to the youth of our conununity. Fehst stated that we are not the only city to considered dropping financial support, as Fridley considered it last year, but the cmmuunity wanted to continue in the progrmn. Nawrocki cmmnented that we lc_now what the program is about. He stated that during the budget process he advocated dropping this program and using the funds toward a second police officer, with the rational to have them also work for the school. Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion failed. Motion by Ericson to waive the reading of the resolution and to Adopt Resolution No. 2005-02, to extend the tenn of the Southern Anoka County Colmr~unityp.~Onsortium Joint Powers Agreement for payment of the annual fees for FY 2005. Second by Williams. .8 City Council Minutes January 10, 2005 Page 5 of 11 A resident stated that the more we do for our children now, the less they will be in the system later. Upon vote: Kelzenberg, aye; Williams, aye; Ehcson, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-02 EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, in June of 1985, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, and the Cities of Columbia Heights, Fridley, and Hilltop and Independent School Districts #13 and #14; and,- WlqEREAS, the general propose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public, private community partnerships, and to develop and f'md programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program lmown as Values First which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation upon which to operate. NOW, THEREFOR, BE IT RESOLVED that the City of Columbia Heights supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortium Joint Powers Agreement (Contract #950154A) until December 31, 2005, unless earlier terminated or extended under the tenns hereof. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4800 4th St. Mayor Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Edgar Letran Regarding Rental Property at 4800 4th Street NE in that the Property complies with the Residential Maintenance Code. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 1230-1232 Circle Terrace Blvd Mayor Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jeffrey gaubrose Regarding Rental Property at 1230-1232 Circle Terrace Blvd NE in that the Property complies with the Residential Maintenance Code. ¢) Public Heating called for Revocation/Suspension of Rental Housing License at 3813-3815 Pierce St Mayor Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Sheila Henry Regarding Rental Property at 3813-3815 Pierce Street NE in that the Property complies with the Residential Maintenance Code. r)) Public HemSng called for Revocation/Suspension of Rental Housing License at 4420-4422 Monroe St Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Duncan McClellan Regarding Rental Property at 4420-4422 Monroe Street in that the Property complies with the Residential Maintenance Code. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 4618 Polk St Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Khalid Mansour Regarding Rental Property at 4618 Polk Street NE in that the Property complies with the Residential Maintenance Code. F) Public Hearing called for Revocation/Suspension of Rental Housing License at 1162-1164 Cheery_ Ln Mayor Peterson closed the Public Heating Regarding the Revocatibn or Suspension of the Rental License Held by Kathy Crosby Regarding Renta1 r~roperty at 1162-1164 Cheery Lane in that the P9 Property complies with the Residential Maintem..'...e Code. City Council Minutes JanumT 10, 2005 Page 6 of 11 Public Hearin~ called for Revocation/Suspension of Rental Housing License at 3726 3ra St Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by T J2 Properties Regarding Rental Property at 3726 3rd Street NE in that the Property complies with the Residential Maintenance Code. i-i) Public Heating called for Revocation/Suspension of Rental Housing License at 4205 Jefferson .St Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Frank Magadance Regarding Rental Property at 4205 Jefferson Street NE in that the Property complies with the Residential Maintenance Code. i) Adopt Resolution No. 2005-03, being a Resolution for Rental Housing Revocation at 1401-1403 Parkview Lane Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No.2005-03 there being mnple copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-03, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Molly Hobbs Regarding Rental Property at 1401-1403 Parkview Lane. Upon vote: All ayes. Motion carried. RESOLUTION 2005-03 Resolution Of The City Council For The City Of Columbia Heights Approving Revocation Pursuant To Ordinance Code Section 5a.408(1) Of That Certain Residential Rental License Held By Molly Hobbs (Hereinafter "License Holder"). Whereas, License Holder Is The Legal Owner Of The Real Property Located At 1401-1403 Parkview Lane, Columbia Heights, Minnesota, And Whereas, Pursuant To Columbia Heights Code Section 5.104(1)(A), Written Notice Setting Forth The Causes And Reasons For The Proposed Council Action Contained Herein Was Given To The License Holder On November 18, 2004 Of A Public Hearing To. Be Held On January 6, 2005. Now, Therefore, In Accordance With The Foregoing, And All Ordinances And Regulations Of The City Of Columbia Heights, The City Council Of The City Of Columbia Heights Makes The Following: FINDINGS OF FACT 1. That on or about May 1, 2004 a relicensing application was sent by regular mail to the owner of the property at the address listed on the rental housing license application. 2. That on July 1 2004, the Fire Department inspection office staff, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application and copies of the notice were sent to the tenants. 3. That on July 16, 2004, the Fire Department inspection office staff sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by certified mail to the owner of the Property at the address listed on the Rental Housing License Application. This notice was returned with inforn~ation from the postal service that the owner no longer lived and the address listed on the Rental Housing License Application. Numerous notices were sent to the old owner in an attempt to get the property licensed with no response. In November of 2004 inspection office staff found that the property had been sold and once again m~merous notices have been sent to the new owner with no response. 4. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SCHEDULE A RMC INSPECTION B. FAILURE TO SCHEDULE A RMC INSPECTION FOR 2004 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 1401-1403 Parlcview Lane. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; That all relevant parties and parties in interest have been duly served notice of tlfis hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relati~-~ ~)the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and _'___~_,leted. City Council Minutes January 10, 2005 Page 7 of 11 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FU1401A is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions First reading of Ordinance No. 1480, being an Ordinance amending Chapter 2, Section 15, of the Charter pertaining to Official Bonding Charter Colmnission Chairperson Mike Hartel described a proposed change to the City Charter to bring it in line with how the City currently operates regarding bonding requirements. He read the current ordinance, which has not been followed since at least 1981, and the proposed changes. Fehst stated that we pay $14,070 for insurance against theft. According to our insurance broker, it could cost more to itemize per individual because of background research. The current bond is $300,000 for all of our employees. Nawrocki questioned the cun'ent insurance bonding requirements for employees and asked when we began to ignore bonding of the City Manager, City Clerk and other officers. Motion by Ericson, second by Nawrocki, to waive the reading of Ordinance No. 1480, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to schedule the second reading of Ordinance No. 1480 for Monday, January 24, 2005, at approxhnately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. Other Business Adopt Resolution No. 2005-01, being a Resolution authorizing application for 2005 Community Development Block Grant Funding through Anoka County Pat Smith, City Planner, indicated that the CDBG grant request to Anoka County would be for $51,927 to remove bad soil at the Burger King site. Applications are due this Friday, with notification of disbursement after July 1, 2005. Peterson questioned where the bad soil is. Smith stated this area was an old dump site and the estimated clean up is $103,000. Nawrocki gave the history of the area. Harold Hoium, 4315 5th Street, stated that the removal of dirt should go beyond five feet. Peterson stated that the soil borings would dictate the depth of removal. Williams stated that is Phase One and would not include borings. Hoium suggested that a City crew removal the soil. Nawrocki stated that the major cost is hauling to an approved landfill. Nawrocki stated that tearing down this property is premature, until we know what we are going to do here. Other parts of the property have the same kind of fill. He suggested consideration of other potential uses for the CDBG funds. Smith stated that the fill material is based on intelwiews with people familiar with the site and there will be testing before excavation. Unused funds could go to other City projects. Fehst stated that we would also apply for 2003 excess funds. P. 11 City Council Minutes January 10, 2005 Page 8 of 11 Ericson stated that the resolution only requests to apply for the block grant, and we are not cmrnnitted to do this. Peterson questioned the time period to use the funds. Smith was not sure, but indicated that the site would be ready for contamination clean up this smmner. Peterson stated that we ~rfight be getting ahead of ourselves, as a developer may need to remove the fill. Peterson stated that the comment that a develOper won't tear down a Site is erroneOus, as the Kanart deVeloper did so. Peterson agreed to apply for the funds, but we should not be in a hurry to use them and should not dig without a long range plan. Fehst referred to the upcoming Ehlers seminar on redevelopment, and their recmmnendation that it is better to clear the land. He stated that any money not spent would be left over and turned back. Lee Stauch, 1155 Irdayber Lane, stated that there was also a gas station in this area and contamination removal should go down at least 15 feet. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-01 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-01, being a Resolution of the City Council of the City of Columbia Heights, Minnesota authorizing application for 2005 Anoka County Co~mnunity Development block Grant (CDBG) Funding, for the purpose of removing slum and blight in the amount of $51,927 for soil corrections at 3939 Central Avenue NE; and furthermore, to submit said application to Anoka County. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION 2005 - 01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING THROUGH ANOKA COUNTY WHEREAS, the City has purchased the Burger King property, with the end result of achieving redevelopment and enhancing economic development activities; and WHEREAS, the City has determined that the Burger King building is distressed and meets slum and bhght standards; and WHEREAS, the Phase I Environmental Site Assessment report has concluded that the Burger King site was previously used as a dump; and WHEREAS, the use of CDBG grants for soil corrections at the Burger King site is consistent with the program's national objective of aiding in the prevention or elimination of slums or blight; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2005 Community Development Block Grant Program to be submitted on January 12, 2005; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project adnfinistration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbaclcs, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Coltmabia Heights, Minnesota has authorized staff to submit an application for $51,927 for soil corrections at 3939 Central Ave NE. Appoint 2005 Council President and Approve 2005 Council/Staff Liaison Assigmnents Motion by Williams to nominate Nawrocki fOtp~. ~5 Council President. Second by Kelzenberg for purpose of discussion. City Council Minutes January 10, 2005 Page 9 of I 1 Kelzenberg indicated his respect for Nawrocki and his longevity, but stated lfis respect for Ericson and his wish to avoid the "good old boys" perception. He indicated he could not support Nawrocki. Peterson stated that any one of the Councihnembers was very qualified to take the position. He indicated his desire to not let this fi-acture the Council, and that duties of the Council President are to takeover in the absence of the Mayor. Peterson gave his support to Nawrocki based on his knowledgeable and active participation in groups such as the League of MN Cities, Association of Metropolitan Municipalities, delegate to the Suburban Rate Authority, and member of the Telecmmnunications Connnission. Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Peterson, aye. 3 ayes - 2 nays. Motion carried. Peterson listed the 2005 Council/City staff assigmnent recmmnendations. Peterson described the Neighborhood Watch group activation, and stated that Officer Okerstrom would spearhead the group. Peterson described the CERT program and the desire to train and educate ten percent of our population in a 20 hour crisis training course. Motion by Williams, second by Nawrocki, to approve the established 2005 Council Staff Liaison Assigmnents. Upon vote: All ayes. Motion carried. Nawrocki indicated that Council should act to fill the vacancy on the Police and Fire Civil Service Cormuission. Peterson indicated that all applicants were very qualified candidates. He indicated his desire that they consider serving on other City Commissions. Motion by Kelzenberg, second by Williams, to appoint Pastor Dave Briley to the Police and Fire Civil Service Cmmnission. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst passed on congratulations fi'om staff and himself to the newly elected officials. He stated his appreciation for the well-meaning format on Council cooperation. This will be the staff's intent as well. Report of the City Attorney Jim Hoeft, City Attorney, extended his congratulations to Mayor Peterson and Councilmembers Williams and Nawrocki. CITIZENS FORUM Elaine Feeley, 4601 Chatham Road, stated that the transportation of the deer from the Water Works facility has been held up because the DNR permit is too restrictive. She read an article from the Star-Tribune, which indicated that the wildlife fanu owner removed himself from the deal because he could not use the deer for photography as planned. Feeley indicated the agreement that was reached on inconspicuously tagging the deer. The Deer Task Force will meet at 6:00 p.m. on January 13, with a public meeting beginning at 7:00 p.m. Fehst suggested that the one doe be removed and then let nature take its course. He stated that geese at the facility create a bigger mess and safety issue. Nawrocki expressed disappointment in the actions ~ e DNR He co~muended the Minneapolis Water P13 .' Works for their no cost solution that would have p~¥v,,~ed an ~deal home for the deer. City Council Minutes January 10, 2005 Page 10 of 11 Williams stated that we should go to the meeting with a positive attitude that we can change the DNR's decision. Hoium described an accident that took Place on 40th and central AvenUe and his perCePtion of the long response time. Nawroclci stated that Mr. Hoium's negative cmmnents on our fire and police services were not born out by fact. He referred to the mutual aid service given to Ramsey following a building explosion. COUNCIL CORNER Nawrocki The next Anoka County Elected Officials meeting will be Monday, January 31, at Majestic Oaks. Article in the Tribune indicated the condominium construction boom is more than the metro market can bear. Concerned with industrial park project. Has seen construction by this developer in Rochester and is not impressed, hnportant to follow the quality of construction closely. The crime watch program and CERT program will be great. Colmnended the Mayor for taking an active part as head of the Police Department. Offered his copy of the LMC 2005 City Policies for review. Citizens League annual report on taxes indicates we have one of the lowest assessed valuations and are on the low end of average income. In 18 cities in Anoka County we have the second highest tax rate for city purposes in 2003 and 2004 and fourth highest total tax rate taxes for 2004. Requested a report on building inspection costs, i.e. loaded personnel rate, and vehicle cost; and be evaluated and compared to the contracted price through New Brighton. · ' We have not finished dealing with homes that had sanitary sewage backup. · Offered to take the required Board of Review training on February 7th. Ericson Indicated that Becky Loader, Library Director, is the 2004 Employee of the Year. Read the relative article from the Library newsletter, and congratulated her. Loader has been an employee for 30 years. Willimus _Thav_ked Fehst for bis attitude and enconragement to Council. · Skating rinks are being maintained with parent volunteers manning the wanning houses. · Suggested that anyone interested in joining the Citizens Watch group contact the Mayor, Officer Okerstrom or himself. · We must find the cause of water supply problems at 47th and Jefferson. Fehst stated this would be discussed at the January 18th work session. · Continue to pray for the health of our citizens. Kelzenberg · Read the green sheet article regarding Officer Jolmson's astute Police work resulting in an arrest for auto theft and controlled substances. This is just an example of the excellent work of our Police force. · Hoped that everyone had a Merry Christmas and a Happy New Year. Peterson · Referred to the excellent response time and quality care given to our citizens fi'om our Fire and Police services. · Thanked everyone who cared about our community and ran for office, as it is not an easy tlfing to do. · Invited citizens to call him or other Councihnembers with their concerns. We cannot respond if we have not been contacted or made aware. He listed lfis phone numbers for contact. · The holiday season is tough and has attended ~p. 14than his share of funerals. There are no guarantees in life. Enjoy life - it is a blessing. Don't take om'selves to seriously. City Council Minutes January 10, 2005 Page 11 of l 1 ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patficia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 15 The meeting was called to order at 7:00 pm. Roll Call: Present: Absent: Baker, Scl~'nitt, and Szurek. Pete. rson and Fiorendino Also present were Pat Smith (City Planner) and Tami Ericson (Council Liaison). Plalmer Smith was named Secretary Pro-tem for the meeting. The minutes ]~o111 the meeting of November 3, 2004 were approved as written. All ayes. PUBLIC HEARINGS None NEW BUSINESS Commission members informally discussed some of the issues they would like to address as an advisory board to the Conncil. The following items were listed: · Szurek would like to discuss monitoring progrmns 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 s'_mgle-fmrfily homes that do not meet their maintenance code. · The Commission also expressed concern abont 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 trailfing sessions after the regularly scheduled Plm2~ng Commission meetings. They would be available to meet until 9:30 pm on Plamfing Commission nights. · Sclnrfitt mentioned she would like to discuss the City Com~cil/Plmming Commission/staff relationship. · The Commission would like to have a joint meeting with a Piam~ing Commission froln a similar city like Fridley, St. Anthony or Richfield. The meeting was adjoin-ned about 8:00 pm. Respectfully submitted, Pat Smith P. 16 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 4, 2004 7:00 PM The meeting was called to order at 7:00 pin. Roll Call: Present: Baker, Sclnni.tt.,' Szurek, & Peterson Absent: Fiorendino ". Also present were Pat Smith (City Plmmer) and Bobby Williams (Council Liaison). Plmmer Smith was named Secretary Pro-Tern.for the meeting. Motion by Bake~; second by Szurek, to approve the minutes fi'om December 7, 2004 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Duplexes in the R-2 Zoning Ordinance Pat Smith gave a presentation on duplexes in the city. The City Council and Planning Commission have expressed concerns regarding the following items: 1. Duplexes located in predominately single-family neighborhoods. 2. The scale or size of duplexes being constructed compared to the character of the sm-romading neighborhood. 3. The design of the new duplexes being constTucted. 4. The number of duplexes being rented. 5. Utility fees being charged to duplexes. The Plmming Commission will look at the first three concerns while the Fire Department mad Finance Department will address the last two concerns at a later date. Based on rental licenses, Columbia Heights has 354 duplexes. Of these 59% (209) are located on non-conforming lots, and 18% (63) have been converted from a single-family home into a duplex. In addition, staff sm-veyed 12 similarly developed cities. Cohtmbia Heights has the highest percentage of dwelling units that are duplexes, 6.7%. The average percentage of duplex traits is 2.3%. Columbia Heights has the second smallest minimmn lot size for duplexes at 8,400 square feet. The average required lot size for a duplex in a R-2 zoning district is 12,130 square feet. Staffrecmmnends rezoning duplexes that were originally constructed as such to R-2B and the rest of R-2 as R-2A. Duplexes should, be permitted in both R-2B mad R-2A as conditional uses. Minimmn lot size for Duplexes in R-2A should be 12,000 square feet. Mhfimum lot size for R- 2B duplexes should be 5,100 square feet for lots existing on January 1, 2005, or 12,000 square feet for lots established after January 1, 2005. P. 17 PLANNING & ZONING PAGE 2 JANUARY 4, 2005 Staff also recmm~ends adding additional conditions for duplexes: 1. Street-facing garage doors must be recessed belfind either the fi'ont fagade of the living area portion of the dwelling or a Covered porch (measuring at least six feet by eight feet) by at least five feet. 2. If located on a coruer lot, each unit of the duplex shall have its address and entrance oriented to a separate street frontage. 3. Vehicle access to a lot must be fi'om an alley if the lot abuts an alley. 4. The length of the garage wall facing the street may be up to 50% of the length of the street-facing building fagade. Commission member Schmitt questioned if these provisions applied to duplexes only, or does it include twin-homes. Smith answered that the new ordinance would apply to both duplexes and twin homes. Scluuitt felt an attempt should be made to get homes that fit into the neighborhood. Peterson likes the idea that duplexes are conditional uses. Amd he agreed that Developers are not designing duplexes that fit the neighborhood. Schmitt stated she likes the idea that duplexes are conditional uses because the more people that look at the plans, the more likely someone will catch something. Baker questioned why we would allow originally constructed duplexes to be conforming? Smith responded that staff thought that.' people who buy an originally constructed duplex should be able to get their investment back. Plus, it's easier to convert a single-fmnily home that's been converted into a duplex back to a single-family home. It's more difficult for an originally- constructed duplex. .. Szurek thought the proposed ordinance is a good idea. She expressed her frustration with the amount of single-family residences that are being rented. She asked if there was any way of reducing rental property? Smith informed the commission that State law allows people to rent their homes. Peterson thought the best way to reduce the number of rentals is to encourage and force homeowners to maintain and hnprove their property so that the property values increase. P. 18 PLANNING & ZONING COMMISSION MINUTES PAGE 3 JANUARY 4, 2005 2005 Training Schedule Szurek asked if the schedule was set in stone or is flexible. Smith responded that the schedule is supposed to be flexible. We will try to have the ta-aining after each regular Plmming Connnission meeting up until 9:30. Anything that we don't get to will be discussed at the following meeting. MISCELLANEOUS ITEMS Peterson informed the members that the City Council is helping to build the Neighborhood Watch Program and the Civilian Emergency Response Teton. People should call the Fire or Police Chiefs if they are interested. Schmitt told the others that there is a subdivision in Stillwater that prohibits the third stall ora three-car garage to face the street. There was some discussion regarding this. Motion by Bake~; seconded by Szurek to nominate Szurek as the chair and Schmitt the vice,chair for 2005. There were no other nominations. All ayes. MOTION PASSED. Smith remh~ded the members the vice-chair is not an official position until the ordinance is amended to allow the position, but will serve as the back up for running the meeting. The meeting was adjourned. Respectfully submitted, Pat Smith Acting Secretary P. 19 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER' S APPROVAL Meeting BY: Walter R. Fehst BY: ITEM: Establish Work Session Date for February 7, 2005 DATE: January 19, 2005 NO: DATE: It is suggested that a Work Session meeting date be scheduled for Monday, February 7, 2005 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, February 7, 2005 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: P. 20 CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~- &- ~ Recreation APPROVAL ITEM: City Newsletter Printing Quotations for BY: Keith Windschitl--~ BY://..,-5~z~....~///~~~ 2005 DATE: January 20, 2005 ~ ~.~//-z)~/~ NO: BACKGROUND: On January 10, 2005 the City Council authorized staffto obtain price quotes for printing and mailing the 2005 quarterly "Heights Happenings" city newsletters. Price quotes were requested from thirteen printing companies. Attached are the price quotes that were received by the Recreation Department. Company 24-Page - Inserted Inserted 8 Page Newsletter Flyer- Reg. Flyer- Glsy Addition Rapid Graphics - Columbia Heights $4,655.00 $970.00 $1,060.00 $646.00 Nystrom Publishing - Maple Grove $5,032.26 $677.34 $841.35 $785.34 Modem Press - New Brighton No Bid - - - Rapit Printing - New Brighton $6,490.41 $1,192.65 $1,274.82 Brooklyn Printing - Brooklyn Park $6,030.63 $821.95 $861.50 $1,100.00 The John Roberts Company - Mpls. No Bid - - Sir Speedy - Fridley No Bid - - Customgraphix - Fridley No Bid - - Anchor Printing - Eden Prairie No Bid - - Infi~fity Direct - Plymouth No Bid - - Mamdas - St. Paul No Bid - - Allegra - Mpls. $4,846.83 $612.00 $708.00 $750.00 Custom Business Forms - Mpls. $4,985.70 $695.40 $728.06 $908.08 CONCLUSION: Staffis recommending that we award the low responsible quote of $4,655.00 per quarter for the printing, publishing, and distributh~g of the City newsletter to Rapid Graphics. The yearly cost for a 24 page newsletter would be $18,620.00. Our award for 2004 was $18,620.00 with Rapid Graphics located in Columbia Heights. A total of $19,000.00 has been budgeted in account 101-45050-3440. for printing and mailing City newsletters. RECOMMENDED MOTION: Move to enter into an agreement with Rapid Graphics & Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2005; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the smne. COUNCIL ACTION: P. 21 Htshappn\CC-Newsletter04 PAX COVER PAiGE 4016 CentraI..dvenue Northeast. Minneapolis, Minnesota 55421 (7<;3) 781-6931. 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See A!le§ra Print & Imaging for: Booklets ~ Brochures ~ Business Cards ~ Color Copies Computer Output ~ Envelopes ~ Flyers ~ Forms - High-Speed Copies ~ Invitations ~ Labels Laminating ~ Letterheads ~ Manuals ~ Newsletters ~ Numbering - Pads ~ Pocket Folders Postcards ~ Process Color - Stamps - Tabs - Transparencies ~ Typesetting .P. 23 Allegra Print & Imaging o Suite B-50 · Northstar Center 618 Second Avenue South · Minneapolis, MN 55402 Phone (612) 332-8669 · Fax (612) 332-9666 E#28151 CITY OF COLUMBIA HEIGHTS KEITH WINDSCHITL DATE 1/13/05 P.O. NUMBER Friendly, Knowledgeable & Responsive Staff · Multi-Color Printing · Color Copying · High Speed Copying · Graphic Design · Typesetting ':".".:':':,:-,-:' ..i0,04~' :. ;; SiDEDFLyEF~,'8:5.1'X:ilW~iTE 60#.HUs.t~Y 0FFSE.i:; pd~ed 2upi.c0Or.fr~nt· n. '. :..... 6i2:15 ':. "~'.:':_ ...'~iPM'S'inki.~o~rbaCk n iPMS'i~k::'.".:: '~ .: .'; '' "-.' .~' · -'. 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See aile§ra Print & iaa§in§ for: Booklets - Brochures - Business Cards - Color Copies Computer Output ~ Envelopes ~ Flyers - Forms - High-Speed Copies ~ Invitations ~ Labels Laminating ~ Letterheads ~ Manuals - Newsletters - Numbering ~ Pads ~ Pocket Folders Postcards ~ Process Color ~ Stamps - Tabs ~ Transparencies ~ TypeSetting ...?.28 210 Edge Place N.E. · Minneapolis, MN 55418 612.789.0002 · Fax: 612.789.6321 Quotation January 19, 2005 2005 Columbia Heights City Newsletter Description: Size: Paper: Proof: Quantity: Price: Options: 24 Page Newsletter to be printed and mailed a minimum of four times throughout the year as requested. All pages to be printed 2-color, with one of the colors being black. Printer to do all printing, provide all paper and do all finishing work necessary to complete project. 11" x 17" Stapled and Folded to an approximate finished size of 8.5" x 11" 60# White Offset Color Ink Jet- 1st proof included at no charge 13,000 Total- 10,047 Mailed, 2,953 delivered bulk to John P. Murzyn Hall $4759.90 ($3473.88 plus postage of $1286.02) or $4985.70 including tax Price includes printing, finishing, postage and delivery. Customer to provide copy prepared on Microsoft Publisher 2000 version 6.0. Customer must also provide Carrier Route Counts. Scanning of photographs for halftones $8.00 ea. ($8.52 including Tax) Additional 8 pages $852.66 ($908.08 including tax) Two-sided, 2-color Flyer, gloss (10,047 copies) $683.62 ($728.06 including tax) Two-sided, 2-color Flyer, uncoated (10,047 copies) $652.96 ($695.40 including tax) Issues requiring 2-page inserts will be tabbed shut per post office request. All prices are per issue. Customer requested typesetting or charges relating to alterations are additional at $60.00 per hour. Mark Loven Fast Precise Service fo~. ~'syour printing needs: Computer Forms o Snap-A-Part Forms · ~,,,,,nercial Printing · Four Color Process NYSTROM PUBLISHING Fax:7634250898 .' Jan 18. 2005 12:56 P. 01 91o0 COTTONWOOD L~'NE NIAI~LE GROVE MN 553~9 [763) 42s~Tgoo ' 3anuaw ;[8~ 2005 Keith Windschitl Recreation Director Columbia Heights Recreation Department 5;30 ~il.!.;'~;[re,e.t Nil=...! Colu~nbia He!gh~! FIN ~5;42:~, -,. .Mr, Windschitl: quotation: City Newsle~er i .; Quantity: 13,000 Page size:. 8.5 x 11 inches Pages: 24 or'32 · Ink: 2 print colors Paper; 60~ white Off~ .Binding: saddle-stitched with ~vo s~aples Mailing: prepare by carrier route sortafion~ deliver to P.O. Delivew: .extras. to recreaUon office $3685,96 for 24 pages (includjtng sales tax) $44Z1:30 for 32 =pages (ineludi.~ig sales.ta~) i $6'77.34 addifi°dal' f(~r ~.5 x :~1 inser~ printed o.,~0¢ offset. $~41,.35 additional for 8.5 x 11 inset[ prin~ed on 70# gloss ' · '$9.65 additional for half~ones $1346.30 approximate cost for ;10,047 copies Lynn Reem~sma P. 26 · JAM. 19. 2005 8: 58AM BROOKLYM PRiMTIMG MO.G1G P.2/2 Pill ~r~prllc 5,OrVlcm 'i/18/o5 Columbia Heights Rec, Dept. c/O Kei~ wirdscDi~l, ~ ~ '53b. Co!/ant)ia Iteigh{s, ~ $S42t .Kith, here is the eatimatos you requested: l)esc: 24 page Oty Newsletter .:Proofi. 1 Color ink jet Qty: 13,000 (10,047 mailed aha 2955 shi?s to city hail) Ink: 2/color 2/Sided Finish Si~e: 8.5 xl,1 Paper! #60 White Offset Bindery: Fold, Collate, Stitch and Trim Mailing: Simplified mafl~rtg **_attmat,,~d Potage Co~t: $424%50 Additional 8 pager; $I 100.00 Additional cost for halftones !~UC Additional ~ost for prinking & inse~ng 2 pager (Glosa) $861,$0 Additional cost f°r printing 8& inserting :2 ~ag~r (uflcdated) $89.1.95 , ; If'you have any questions, please do not hesitate call me. FAX: hmoklyaprlnt]ng@mmatate,net Printing, lac. A,.e, N,, Suite D P,~rk, MN 554d,5 Thanks, K{dth Mua 763.425,9575 P. 27 NO. E,~'66470 Date 1/19/05 Customer P.O. No, City of Columbia Heights Keith 13,000 Newsletter, 11 x 17 White 6(fl/Husky, 24 od~ilqals, printed 4 up'2 colors front, in Black & 4,255..35 PMS ink 2 colem back in Black & PMS ink Retrieve f,)m Email PDF Proof Color Dig~i. pit(s) ~M52 spot color C~ to .P~nl; Size PMS Ink; . . .' ~Fold, Collal:e', ~apie, Tri~' '~ ". 10,047 Mailing, Newsle~er 285.94' 10,047 So~ ~ ~tfier. Deliver to Po~ ~ce 10,047 In~, 8.5 x 11 WhEe6~.Hue~, 2 originals, printed 4 up2 ~lors fret ~n Black& PMS. 1,1~2.65 ink 2 ~lom. ~ck in Black & PMS ink R~eve ff~ Email . PDFPr~f .~. ,~ i , ~: , ~ :~llate Inse~ , .' ' 30,141 W~er ~ (3) .. ' 10,047 inset, 8.5 x 11 WhEe ~ Gio~ T~, 2 odgln~s, printed 4 up 2 colom ~ont in Black & 1,274.82' PMS ink 2 colom back in B~ck & PMS ink Re, eve fromEmaii . ' .-' .. . PDF Proof ' Coler ~r , .' ':' bigi~ Plt(~:)SMS2 spot color . -' . Q~llatelns,~ff ' . . ' - " · · 30,.!'41? ~Wafe~;~l="~,' . ' ' . ~ I~ ' SUB Cindy ,. .'" : . T~ ; ' ."., .'. . ~:, A, '.~,~.",~ . · 141..~ 1.~t AvRhue. North We~t -1~. 2 8' ~ric~hton, Minnesota 55,112. ~0/~0'd 6&P6 ££9 '~9 '" ':' ':' 9NIINI~d. lZdU~ 8'~:9'~, ~00~-6]:-NUi' CITY COUNCIL LETTER Meeth~g of: t - 9~ ~1 -2 6o.5~ AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~'~A ~"' Fire 800 MHZ Equipment Purchase BY: Charles Thompson ITEM: DATE': January 24, 2005 DATE: NO: BACKGROUND: In the fall of 2004, Anoka County Central Communications began to nfigrate to the 800 MHZ systems. This migration involved all Anoka County Police and Fire agencies. The fn'e departments were given hand held radios, base stations, and mobile radios based on the population of the city. Unfortunately, this disbursement of radios was a significant shortfall from what was standard for the Columbia Heights Fire Department. The Columbia Heights Fire Department operated with 30 hand held radios, one base station and 8 mobile radios. With the base station, we had three remote heads so that the system itself could be utilized in the Fire Chief's office, the Assistant Fire Chief's office, and in the Police and Fire Training room which is also is the City's EOC (Emergency Operations Center). ANALYSIS: Anticipating a major shortfall in radio equipment, the Fire chief proposed the purchase of 800 MHz equipment in the 2005 Capitol Equipment purchase plan as presented to the Council in the 2004 budget process. This plan included the purchase of 15 hand held radios, 15 spare batteries, three remote heads to be located in the designated areas, as well as various loose equipment such as spare batteries, speaker microphones, cable for the installation of the remote heads, and 110 volt chargers. All quotes were given by ANCOM Communications, Inc. This company currently holds the State Bid Contract for our area (State Bid Contract Number: 433614). RECOMMENDED MOTION: Move to Award the 800 MHZ Equipment Purchase to Ancom Communications, Inc., Based upon their Low, Qualified, Responsible Bid in the Amount of $39,599.45, plus any Additional Taxes with Funds to be Appropriated fi:om 439-42200-5180; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. 05 -4 COUNCIL ACTION: I P. 29 CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~a'~ CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING---CABLE PATES BY: LINDA L. MAGEE,~,~,.j~ BY: ~ NO: DATE: January 18, 2'~0/~~E: On or about March 1, 2004, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2004 to May 31, 2005. It should be noted that Comcast adjusted its rates effective January 1, 2005. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's maximum permitted rates as of June 1, 2004, and prior to June 1, 2004, as well as the current rates. Maximum Maximum Permitted Rate Permitted Rate Current Rates Effective June Prior to June (Since January 1, 1, 2004 1, 2004 2005) Basic Service $ 10.94 $10.70 $ 10.36 Converter/Receiver $1.30 for Basic $7.92 for Basic $1.30 for Basic Only Only Only $4.83 all $9.67 all $4.70 all others others others Remote Control $ .33 $ .33 $ .30 Installation---Unwired Home $52.23 $45.81 $41.99 Installation-Prewired Home $31.40 $30.34 $24.99 Installation-Additional Outlet- $17.15 $15.98 $13.49 Connect Initial Installation-Additional Outlet- $25.31 $24.62 $19.99 Connect Separate Other Install---Relocate Outlet $23.60 $20.72 $18.99 Upgrade- Optional Services $17.12 $16.44 $15.99 Downgrade- Optional Services $15.55 $13.10 $ 9.99 COUNCIL ACTION: P. 30 CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING-~ABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: January 18, 2005 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2004 rate filing. In accordance with federal law, it is the City's responsibility, as a certified rate regulation authority, to determine whether the basic service programming and equipment rates and installation fees comply with the Federal Communication Commission's rate regulation rules, orders, and decisions. RECOMMENDED MOTION: Move to establish a public hearing date of Monday, February 14, 2005, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2004, rate filing. COUNCIL ACTION: P. 31 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: ORIGINATING CITY lvLANAGER'S NO: ~r~_ A-~ DEPARTMENT: Conllllunity APPROVAL -~ Development ITEM: Adopt Resolution 2005-05, Authorizing BY: Randy Schumacher BY< and Directing the Condemnation of DATE: January 12, 2005 Certain Property for Redevelopment and Road Purposes - BACKGROUND: The Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights and Huset Park Development Corporation (Schafer Richardson the Developer), requires the developer to voluntarily acquire each of the parcels in the redevelopment area. I have attached a copy of the developer's letter that summarizes their efforts over the last four months to voluntarily acquh'e property in the redevelopment area. Unfommately, despite a good faith effort, they have been unable to acquire several of the necessary properties. Therefore, the developer is requesting that the EDA and the City proceed to acquire all such parcels by means of negotiations or through its powers of eminent domain. Staff is satisfied that the developer has met the intent mhd conditions of the development agl'eeluent and recormuend support for Resolution 2005-05. In addition, I have attached the section of the Schafer Richardson Development Agreement that outlines the required acquisition procedure. It also details the process in which the developer is requh'ed to pay for the enth'e talcing procedure. Mr. Bob Lindall from the law finn of Kelmedy and Graven, will be available at the City Council Meeting to answer any questions the Council may have. RECOMMENDATION: Staff recommends Adoption of Resolution 2005-05, Authorizing and Directing the Condemnation of Certain Property for Redevelopment and road purposes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-05, there being an anxple amom~t of copies available to the public. RECOMMENDED MOTION: Adopt Resolution 2005-05, a Resolution Authorizing mhd Directing the Condemnation of Certain Property for Redevelopment mhd road purposes. Attachments COUNCIL ACTION: h: ~Consent200S~CL Res2005-05 P. 32 Schafer !ardson Rich December 30, 2004 Mr. Randy Schumacher City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421-3835 RE: Property Acquisitions Dear Randy: As specified in section 3.2 of the Contract for Private Redevelopment (the "Contract") by and between the.Columbia Heights Economic Development Authority ("EDA"), the City of Columbia Heights ("City"), and Huset Park Development Corporation ("HPD'), this letter describes HPD's efforts to voluntarily acquire each of the parcels in the redevelopment area. Table 1 below, and the notes' thereto, describe and summarize HPD's efforts in this regard in recent months. Unfortunately however, despite its extensive, good-faith efforts to do so, HPD has been unable to acquire several of the necessary properties. Consequently, and as specified in section 3.2 of the Contract, this letter constitutes HPD's formal request that the EDA (and City, for any parcels or portions thereof needed for Parkway right of way) proceed to acquire all such parcels - whether by means of negotiation or the exercise of its powers of eminent domain. Table 1 Address Property PIN See Note 550 39th Avenue NE CHC bldg 35-30-24-34-0040 1 CHC land 35-30-24-43-0060 1 620 39th Avenue NE Buckles 35-30-24-43-0047 2 3801 5th Avenue NE Rayco bldg 35-30-24-34-0024 3 Rayco land 35-30-24-34-0039 3 515 38th Avenue NE Pearo 35-30-24-34-0014 4 517 38th Avenue NE Pearo 35-30-24-34-00!3 4 3800 5th Street NE Foundry 35-30-24-34-0041 5 3901 5th Street NE Foundry 35-30-24-34-0035 5 450 38th Avenue NE Smith 35-30-24-34-0002 6 317 37th Avenue NE Greif 35-30-24-34-0004 7 3700 5th Street NE Greif 35-30-24-34-0003 7 %¸, [] Real Estate Development ~ Construction P. 3 3 [] Investment ;00 Ban-ks Building 615 First Avenue ~ Minneapolis. ~vLN 55413 Phone 61 ~ 171 ~Oflf} ~i;;t4 Leasing & Management IvIr. Randy Schumacher City of Columbia Heights December 30, 2004 Page 2 1. HPD, or its affiliates, owns this property. Efforts by the EDA and City are not needed to acquire it. 2. HPD had this property appraised early in the fall and sent the owner a Purchase Agreement based on its appraised value on October 13th. HPD followed up with a second letter sent on November 10th ,which proposed mediation with a neutral mediator. HPD met with Mr. Buckles on November 18th. Following that meeting, HPD made numerous phone calls during this time and sent the owner an updated Purchase Agreement incorporating the appraised value of fixtures and equipment on December 23ra. The owner has not responded. HPD does not believe its efforts to acquire this proper .ty will be successful, and requests' efforts to do so by the EDA and City. 3. HPD owns this property. Efforts by the EDA and City are not needed to acquire it. 4. HPD and the owner reached a verbal agreement in principle for the acquisition of the property in late September, and a Purchase Agreement based on that agreement was sent on October 15th. HPD sent the owner a follow-up letter suggesting mediation with a neutral mediator on December 20th. In the meant/me, HPD and the Owner have also had numerous phone, conversations but have not yet reached agreement. Although we believe HPD's efforts to acquire this property voluntarily will ultimately be successful, because no binding agreement has been reached to date, we request that the EDA and City begin efforts to acquire the Proper .ty 5. HPD and the owner reached a verbal agreement in principle for the acquisition of the property in late-September, and a Purchase Agreement based on that agreement was sent on October 4th. HPD sent the owner a follow-up letter suggesting mediation with a neutral mediator on December 20th, I-LPD and the Owner have also had numerous phone conversations during this time. Although we believe HPD's efforts to acquire this property voluntarily will ultimately be successful, because no binding agreement has been reached to date, we request that the EDA and City begin efforts to acquire the Property. 6. HPD had this property appraised early in the fall and sent the owner a Purchase Agreement based on its appraised value on October 13th. HPD followed up with a second letter sent on November 10%which proposed mediation with a neutral mediator. Although I-IPD had hoped to send the owner an updated Purchase Agreement incorporating the appraised value of fixtures and equipment, becaUse the appraiser was not allowed access to the property we were unable to do. HPD also made numerous phone calls during this time, but the owner has not been responsive. HPD does not believe its efforts to acquire this property will be successful, and requests efforts to do so by the EDA and City. 7. I-IPD has had repeated communication with the owner of this property and sent a Purchase Agreement based on a verbal agreement in principle on October 15th. HPD P. 34 Mr. Randy Schumacher City of Columbia Heights December 30, 2004 Page 3 followed up with a letter suggesting mediation with a neutral mediator sent on December 20m. HPD and the owner have continued to have numerous phone conversations, but an agreement has not yet been reached. Although we believe HPD's efforts to acquire this proper _fy voluntarily will be successful, because no binding agreement has been reached to date, we request that the EDA and City begin efforts to acquire the Property. Randy, please let me know if I can answer any questions. Sincerely, David R. Frank Project Manager CC: Steve Bubul John Herman Evan Rice Mark Ruff Brad Schafer P. 35 *Schafer Richardson Development Agreement section that outlines the required acquisition procedure, Section 3.2. Authority Parcels. (a) If the Redeveloper notifies the Authority in writing on or after December 1, 2004 that it has been unsuccessful in accomplishing acquisition of Parcels D, E, F and G voluntarily after commercially reasonable efforts (such notice to include a detailed description of the Redeveloper's acquisition efforts), then the Authority (and.. City, for any Parcels or portions thereof needed for Parkway right of way) will proceed to acquire all such Parcels (hereinafter referred to as "Authority Parcels") through negotiation or the exercise of its powers of eminent domain to. the extent permissible under law. The Authority and City will utilize so-called "quick take" powers under Minnesota Statutes Ch. 117 to the extent needed or desirable to allow the redevelopment described in this Agreement to proceed in accordance with the overall schedule. The parties will cooperate and consult with one another on any condemnation actions and specifically on the final price to be paid in settlement of any condemnation action. (b) During the pendency of any Authority actions to acquire any Authority Parcel, the Redeveloper shall be required to promptly pay all expenses incurred by the Authority in connection with the prosecution thereof, including legal, survey, title, appraisal, relocation, process service, court costs, and similar expenses (subject to reimbursement as a Public Redevelopment Cost in accordance with Section 3.8). The Authority shall, not more often than monthly during the pendency of the action, fi2-nish the Redeveloper with a written itemized statement of all such expenditures. Redeveloper shall have two weeks from the receipt of such statement to pay its share of the same. (c) Not later than five. days prior to any date on which the Authority is required to deposit any amount into court to obtain title and possession to any Authority Parcel, Redeveloper shall deliver to the Authority I00 percent of the amount.of any such deposit or payment. The Authority shall then have the right, and subject to the terms and conditions hereof, the obligation to use such funds to make such deposit or such payments. The Authority shall have no obligation to repay such funds received, deposited or paid pursuant to this Agreement should the redevelopment covered by this Agreement not be completed for any reason, except to the extent provided otherwise in Section 3.2(e) hereof. P. 36 CITY COUNCIL CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF ~NNESOTA RESOLUTION NO. 2005-05 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT AND ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organ/zed and existing under the laws of the State of Minnesota; and WHEREAS, the City Cotmcil is the official governing body of the City; and WHEREAS, the City and the Columbia Heights Economic Development Authority (as successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights) ("Authority") have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority administers a redevelopment project known as the Downtown CDB Redevelopment Project ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("the Act") and the HRA Act, the Authority is authorized to acquire real estate by exercising the power eminent domain under and pursuant to Mhm. Stat., Ch. 117, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, within the Project, the City and Authority have created the Huset Park Area Tax Increment Financing District ("TIF District") in order to facilitate redevelopment of certain property in the Project; and WHEREAS, the Authority and Huset Park Development Corporation; a Minnesota Corporation, ("Redeveloper") have previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, (the "Contract for Private' Redevelopment") regarding redevelopment of the property described in Exhibit A attached hereto and other property; and WHEREAS, the Redeveloper, City and Authority have taken various actions in furtherance of the Project, pursuant to the Preliminary Development Agreement and Contract for Private Redevelopment, all of which indicate the Project is feasible and desirable, including, but not limited to, environmental, blight and economic studies, determination of needed public infrastructure, agreements to acquire and acquisition of property, relocation analysis and land use planning; and WHEREAS, the City and Authority believe that the redevelopment of the Redevelopment Property pursuant to the Contract for Private Redevelopment, and fulfilhnent generally of the Contract for Private Redevelopment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of RJL-256336vl A-1 p. 3 7 CL205-23 the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject PrOPerty") is located Within the ProjeCt, as PreSently constituted, and is among the parcels which are to be redeveloped pursuant to the Contract for Private Redevelopment; and WHEREAS, on October 25, 2004, by Resolution No. 2004-55, the City Council approved, established and adopted a Modification (the "Project Plan Modification") to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Project Area"), found that the adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota which is characterized by blight, occupied by substandard buildings, and contaminated with pollutants; and that the financial assistance described · in the TIF Plan will revitalize this area, significantly expand the amount and variety of housing stock in the City, and expand the tax base; and that, because these benefits would not accrue without the assistance provided, any benefits received by private redevelopers are incidental to the broader benefits achieved by the overall development of the TIF District; and WHEREAS, in said Resolution No. 2004-55, the City Council found that the TIF District portion of the Project Area is a "blighted area" within the meaning of Minn. Stat., §469.02, Subd. 11, and that acquisition, clearance and related activities to redevelop the TIF District portion of the Project Area in accordance with the Project Plan and the TIF Plan constitute a "redevelopment project" within the meaning of Minn. Stat. §469.002, Subd. 14; and WHEREAS, in accordance with Section 3.2 of the Contract for Private Redevelopment, the Redeveloper has notified the Authority in writing that (a) the Redeveloper has been unsuccessful in accomplishing acquisition of the Subject Property voluntarily after commercially reasonable efforts to do so; and (b) that such efforts included a written offer to owners of all such parcels to acquire such parcels for a price approved by the Authority as reasonable and an offer to mediate; and WHEREAS, the Authority fom~d that the Redeveloper, s efforts to voluntarily acquire the Subject Property were reasonable and satisfy the requirements for doing so under the Contract for Private Redevelopment; and WHEREAS, acquisition of the Subject Property by the Authority is essential in order to eliminate blight and implement the Project; and WHEREAS, the Board of Commissioners of the Authority has found (and this Council also hereby finds) that redevelopment of the Subject Property consistent with the Project is necessary, convenient, desirable, for a public purpose, in the best interests of the citizens of the City and will promote the general health, welfare and safety of the community; and WHEREAS, the City Council finds that it is also necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire portions of the Subject Property for street purposes; and WHEREAS, the Board of Commissioners of the Authority has found that it is in the best interest of both the Authority and the City if the City proceeds to acquire all of the Subject Property RJL-256336vl A-2 p. 3 8 CL205-23 and then convey to the Authority the portions thereof not required by the City for street purposes ("Remainder") so that the Authority may redevelop the Remainder pursuant to the Contract for Private Redevelopment; and WHEREAS, the Board of Co~ssioners of the Authority has found that the ~ding and construction schedule for the redevelopment pursuant to the Contract for Private Redevelopment makes it necessary to acquire title to and possession of the Subject Property prior to the filing of the final report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that the Subject Property be acquired by the City in fee simple absolute for the stated public purposes through the exercise of the power of eminent domain. 2. The Authority's Attorney is hereby authorized and directed to take all steps necessary to acquire the Subject Property on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. §117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The amounts stated on Exhibit B attached hereto are hereby determined to be just compensation for the various parcels of the Subject Property for the purpose of offers to the owners pursuant to Minn. Stat. § 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. § 117.042. OFFERED BY: SECOND BY: UPON VOTE: Adopted by the City Cotmcil of the City of Columbia Heights, Minnesota this __ ,2005. day of ATTEST: Gm'y L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk RJL-256336vl A-3 p. 3 9 CL205-23 EXHIBIT A Legal DeScriptions °fProPerties TO Be Acqnired by Eminent Domain Proceedings (collectively, "Subiect Property") Parcel E The street addresses of Parcel E are 3755 University Avenue NE, 3700-5th Street NE and 317-37th Avenue NE, Columbia Heights, Minnesota 55421. The property identification numbers for Parcel E are: 35-30-24-34-0003 (3700 5th Street NE) and 35-30-24-34-0004 (317 - 37th Avenue NE) The legal description of Parcel E is as follows: Lots 4 and 5, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Parcel F The street address of Parcel F is 620 - 39th Avenue NE, Columbia Heights, Minnesota 55421. The property, identification number for Parcel F is: 35-30-24-43-0047 The legal descriPtion of Parcel F is as follows: Lots 1 and 2, Block 3, 2nd Subdivision of Block F, Columbia Heights Annex, together with that portion of the North ½ of 38th ½ Avenue Northeast abutting said Lots, heretofore vacated Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota RJL-256336vl A-4 P. 4 0 CL205~23 Parcel G The street address of Parcel G is 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. The PrOPerty identification number for parcel G is: 35-30'24-34-0002 The legal description of Parcel G is as follows: That part of Lot 3, Auditor's Subdivision No. 50, Anoka County, Miimesota, lying 9.00 feet Northwesterly of the vacated spur track once located on said Lot 3. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. RJL-256336vl A-5 P. 41 CL205-23 EXHIBIT B Just Compensation Amotmts Parcel E F G · Property Address 3755 University Avenue NE Columbia Heights, MN 620 - 39th Avenue NE Columbia Heights, MN 450 - 38th Avenue NE Columbia Heights, MN Just Compensation Amotmt* $1,405,100 $438,210 $320,000 *Includes real estate and fixtures, if any, for entire parcel. RJL-256336vI B-1 p. zt 2 CL205-23 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: PUBLIC WORKS BLANIrd~T ORDERS FOR 2005 BY: K. Hansen B PURCHASES DATE: 1/19/05~-''~ DATE: Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $15,000. Staff is requesting authorization to process blanket purchase orders for 2005 to cover the items described herein. Analysis/Conclusions: The adopted 2005 Public Works Budget has the following amounts established for de-icing salt and fuel: · De-icing salt for sanding operations · Fuel for City vehicles 2005 Budgeted Amounts $25,000.00 $60,000.00 Public Works Department purchases salt off of the State of Minnesota Contract, which is bid for the 2004-2005 winter season for multiple municipalities. The 2004-2005 contract for salt is in effect from August 2004 until June 30, 2005, so the vendor and unit price may change. The current contract supplier is Morton Salt. Staff reviews fuel purchasing annually and the City is currently using the Anoka County Cooperative Purchasing Contract for our unleaded and diesel fuel purchases. Transport costs are a factor so the more local vendor results in lower fuel costs to the City of Columbia Heights. Recommended Motion: Move to authorize staffto process blanket purchase orders in an amount not-to-exceed the 2005 budget amounts for: · De-icing salt for salt/sanding operations purchased offthe State of Minnesota Purchasing Contract, and · Fuel (unleaded and diesel) for City Vehicles from the Anoka County Cooperative Agreement. KH:jb COUNCIL ACTION: P. 43 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER q - ~- PUBLIC WORKS ~ . ITEM: JOINT POWERS AGREEMENT WITH ANOKA BY: K. Hanse!~.9~,~ COUNTY 'CITIES' FOR STREET MAINTENANCE DATE: 1/19/~1I~..2--'~ Background: In 2003, the Cities of Andover, Blaine, Brooklyn Center, Columbia Heights, Coon Rapids, Fridley, and Spring Lake Park (herein collectively called the 'CITIES') began meeting to discuss potential ideas for cost savings measures for common activities. One of the first recognized areas was in street maintenance, specifically for seal coating, the placement of street traffic markings, street sweeping, crack sealing, and screening services (from sweeping). The Cities entered a Joint Powers Agreement for the 2004 construction season. The joint project was bid, awarded and constructed. Columbia Heights' work included seal coat and pavement marking. Analysis and Conclusions: Attached is a copy of the 2005 JPA from the City of Coon Rapids including five Anoka County Cities for the defined street maintenance activities. Staff believes that cost savings are recognized and recommends continuing the services provided in the agreement for crack sealing, seal coating and pavement traffic marking in 2005. These are projects Columbia Heights normally bids out on an annual or bi-annual basis. The JPA is set up with the City of Coon Rapids administering for the legal and administrative process of the public bidding process, including plans and specs. The JPA includes a nominal charge to each City for administering the public bidding on a percentage of construction basis. There is also an opting out clause within 60 days after a contract has been awarded. Each City is responsible for construction inspection as the work takes place in the respective communities. Recommended Motion: Move to approve the Joint Powers Agreement between the Cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids, and Fridley for the joint public bidding of certain street maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachment: Joint Powers Agreement COUNCIL ACTION: P. 44 JOINT POWERS AGREEMENT T~FFIC ~GS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING This Joint Powers Agreement ("Agreement") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities have a common need to maintain their streets; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one common contractor; WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Purpose. The Cities agree that they have joined together for the p-_rpose of obtaining a common contractor for certain street maintenance activities and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any plans, specifications, bid proposals and advertise for bids for' the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the execution of this Agreement, Coon Rapids will provide each City with a bid form for the various street maintenance services. Within twenty (20) days after receipt of the bid form, each City shall provide to Coon Rapids their estimated quantities for the various street maintenance P. 45 services anticipated during the summer construction season. A City that fails to return the bid form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding process. 3. bid award and Rapids, 11155 5. Bid and Award. After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded fi:om the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law. 4. Opting Out. The parties hereto ~:ecognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individual contract by providing written notice to the Director of Public Works, City of Coon Robinson Drive, Coon Rapids, Minnesota 55433. Responsibilities. Each City shall be responsible for: Preparing maps showing the proposed locations for these services located within their City including estimating the quantities. Preparing the streets for markings in accordance with the specifications and to.ordinating ~ith .the.contractors as .to. the. timing of the actual, work Inspecting the contractors' work, measuring the quantities of work performed, approving and certifying the progress or final payments to contractors. 2 P. 46 Within n/neW (90) days of written notification of a contract award, paying a percentage of each City's actual construction cost to Coon Rapids for legal and administrative costs on a sliding scale basis as follows: First $0 - $50,000 2.0% $50,001 to $100,000 1.5% Over $100,000 1.0% 6. Payments. In accordance with the specifications, each contractor will submit a separate itemized invoice to each City for the work perfonued in that City. Each City shall pay invoiced mounts directly to the contractors and shall hold harmless Coon Rapids from any amounts owed. 7. Indemnification. The parties mutually agree to indemnify and hold each other harmless from all claims, demands, and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts or omissions of their respective councilmembers, officers, officials, agents and employees relating to activities conducted under this Agreement. 8. Termln ation. Any party hereto may terminate its participation in this Agreement by adopting a resolution to that effect prior to February 1 st of any year and transmitting a copy of that resolution to each of the remaining cities. In lieu of termination, a city may choose not to participate inall or a portion of the program in any year by not responding to any of the deadlines set forth in this Agreement or by opting out as provided in Section 4 herein. 9. Strict Accountability. A strict accounting shall be made of all funds, and reports of ali receipts ~0..disbur~e~r~ts. ~h~!.be ~M~ .upon request.by, any p_my hereto 10. Representations. Each of the Cities represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement wil_!l be bi_n_ding as against such party. 3 P. 47 11. Miscellaneous. Tiffs Agreement constitutes the entire agreement of the parties on the matter related heret°. This Agreement shall not be altered or amended, eXcept bY agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counter partes, each of which shall be an original and all of which shall constitute but one and the same instrmuent. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 12. No Joint Venture. This Agreement is entered into for the purpose of joint solicitation of bids and not for a joint undertaking of street maintenance projects. Street projects are not joint ventures of the parties and no City is liable or responsible for any cia/ms for damages arising out of any such projects in another City. [Signatures on following page] 4 P. 48 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respectiVe governing bodies as of the __ day of February, 2005. CITY OF COON RAPIDS CITY OF ANDOVER By: By: Tim Howe, Mayor Mayor By: By: Gerald G. Splinter, City Manager City Clerk CITY OF BROOKLYN CENTER CITY OF COLUMBIA HEIGHTS By: By: Mayor Mayor By: By: City Manager City Manager CITY OF FRIDLEY By: Mayor By: City Manager 5 P. 49 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: x.~ ~/0X _~ ~-5 PUBLIC WORKS.~ ~/~.~ ~,~c/~///~.~ ~,.,~ e/~, ITEM: FINAL PAYMENT FOR THE CENTRAL BY: K. Hansen~kJ~j~ BY: AVENUE STREET, UTILITY, AND STREETSCAPING DATE: 1/19/0~-~~ DATE: IMPROVEMENTS, CITY PROJECT 99-12. Background: The Contractor completed the Central Avenue Street, Utility and Streetscaping Project in the fall of 2003. Project closeout and final payment has been delayed until the landscaping portion met state requirements extending necessary plant replacements into 2004. All work, including punch list items, have been completed by the contractor Thomas and Sons in 2004. Attached is a recommendation from the project's Consulting Engineer recommending acceptance of the project and making final payment. Analysis/Conclusions: City Staffand the Consulting Engineer are recommending approval of final payment to Thomas and Sons and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. A one-year warranty bond, State IC- 134 forms, and Lien Waivers from sub-contractors have been submitted in accordance with the original contract requirements. It should be noted that the council made the contract award in the amount of $3,872,405, with the final recommended contract coming in at $95,585 under the original contract. Recommended Motion: Move to accept the work for Central Avenue Street, Utility, and Streetscaping Improvements, City Project 99-12, and authorize final payment of $47,339.16 to Thomas and Sons Construction of Rodgers, Minnesota. KH:jb Attachment: Payment Voucher Consulting Engineer's Acceptance Report COUNCIL ACTION: P. 50 December 21, 2004 Mr. Kevin Hansen, P.E. Director of Public Works City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Re; Central Avenue (T.H/65) Improvement Project City Project 99-12 and 99-12A Dear Kevin: ~ Please find enclosed three original copies of the Final Payment Voucher for the Central Avenue Improvemen~ Project. Thomas and Sons Construction has met the contract requirements and we are recommending that the City release the final payment to the contractor at this time. Enclosed for your files are the following original copies of documents submitted by Thomas and Sons Construction as required by the contract for proj. ect close-out. " · Consent of Surety to Final Payment · Letter from contractor's bonding company · Subcontractor payment affidavit · IC-134 Forms Please review the enclosed documents for completeness and release the final payment to Thomas and Sons Construction if the City agrees that all contract requirements have been met. Upon signing, please distribute a copy of the final signed pay voucher to URS and Thomas and Sons Construction for our records. If you need any additional information or have any questions, please call me at (612) 373-6399. Sincerely, URS Corporation Steve Weser, P.E. ?roject Engineer Enclosures cc; Karl Keel/URS Steve Thomas / Thomas and Sons Construction Mark Lynch / URS Jane Foley / URS File: 33910-004-8001 (31809251.08001) Thresher Square · 700 Third Street South o Suite 600 · Mbmep. 5 1~, MN55415 · Phoebe: (612) 370-0700 · Fa_r: (612) 370-1378 Project: Owner: Owner No.: Contractor: APPLICATION FOR PAYMENT PAYMENT NO. 10 Central Avenue (TH 65) Improvements City of Columbia Heights FINAL PAYMENT THOMAS & SONS CONSTRUGTION BRW Job No.: 33910-004-8001 Application Date: 11/1/2004 For Period Ending: 10/29/2004 Original Contract Amount: Contract Amendments: Contract Amount To Date: Total Amount of Work Complete To Date: Material Suitably Stored On-Site but not Incorporated into Work: Gross Amount Due To-Date: Less 0.00% Retainage: Amount Due To-Date: Less Previous Payments: $3,872,405.22 $o.oo $3,872,405.22 $3,7?6,820.74 $o.oo $o.oo $3,776,820.74 $3,729,481.59 Total Due This Application: $47,339.16 I hereby certify that all items and amounts shown are correct for the work completed to- date. Contracto~,r~ TH,~M~~ CONSTRUCTION The work on this project and the application for payment have been reviewed and the amount shown is recommended for payment. URS Corporation By: ~ //'//,/-¢'~ Date: / 2- / 2./~O c/ APPROVED FOR PAYMENT Owner'.~ ~of_ ~umbia Heights By: . ?k,¢k_MY~ O~,,,,,~LL ~ Date: P. 52 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT E-_/5_~ ORIGINATING DEPARTMENT: CITY MANAGER I~" PUBLIC WORKS ITEM: CLEANING AND LINING OF 2,560 LINEAL BY: K. Hansen~ BY: '~" · FEET OF WATER MAIN: MINNEAPOLIS 2005 DATE: 1/20/05'~.~---~-~-~ DATE: PROGRAM Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. Two areas have recently generated more complaints than others: · Alley from 37th to 39th Avenue, between Polk and Tyler Streets. · Jefferson Street, from 49th to 51 st Avenues. Water mains throughout the City vm3' in age, materials, construction and flow but they all have one thing in common; that is, they are buried 6' to 12' in the ground. Therefore, City crews have to rely on reports from residents, personal observation, maintenance records and test results to evaluate water main problems. Various parts of the City experience rusty water from time to time and the problem can normally be abated by flushing the water mains in the area by flowing water through the fire hydrants. The areas described above have not responded to standard water main flushing or unidirectional flushing operations that normally flush the iron deposits out of the water main. Analysis/Conclusions: At this time the City has determined that the rusty water is caused by encrusted iron scale deposits sloughing offthe inside of the water main into the water. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is aesthetic in nature and not known to be a health risk by federally regulated standards. City staff has taken many samples, and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called 'tuberculation' and a picture of what the inside of a tuberculated and clean pipe looks like is attached as figure 1. To resolve the rusty water problem, it is City staff's opinion that the water main needs to be either cleaned and lined or excavated and completely replaced. The following alternatives are presented for review and discussion: 1. Do Nothing, Continue Monitoring, Valving and Flushing. Prior tO 2004, rusty water complaints were resolved at least temporarily by flushing the fire hydrants and exercising gate valves in the area. The water would typically remain clear for several months. In 2004, flushing hydrants in the area only cleared the water for significantly shorter periods of time, often times lasting only days in the subject areas. The cost for this alternative is minimal (staff time), but the effectiveness for the subject areas is also now minimal. Staff also conducted C-Factor testing on the subject mains. C-Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C-Factor is then calculated which can be used to determine the amount oftuberculation in-pipe. Another way to look at a C-Factor is it is a measurement of resistance to flow in-pipe. New pipe will have a C-Factor of 135. We would have expected the C-Factors in the areas tested (based on age) to be in a range of 95-100. The measured C-Factors in the 39th alley water main was 52, and the Jefferson Area was 62 and 43. Because the measurements were so low in the Jefferson area, the testing was extended south of the 49th to 51st area, which also indicated severely tuberculated pipe. COUNCIL ACTION: P. 53 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: CLEANING AND LINING OF 2,560 LINEAL BY: K. Hansen BY: FEET OF WATER MAIN: MINNEAPOLIS 2005 DATE: 1/20/05 DATE: PROGRAM Continued - Water Quality Complaint Areas Page 2 2. Continuous Flushing / Flow Water. Staff installed a continuous flushing system by plumbing a 2-'/2 inch pipe from the hydrant located at the alley entrance on 37th Avenue between Tyler Street and Polk Street to a catch basin on 37th Avenue. Continual flushing of the line began at this time. Water complaints turned into compliments while the flushing system was in operation. The system was disconnected in the fall with the onset of freezing temperatures resulting in discolored water complaints within 24 hours. This short-term action was taken as more of an evaluation technique for steady directional flow, improve circulation and a hypothesis for internal (chemical) coating of the main. It is wasteful of City resources and not available in the winter. It is not recommended except in short term-localized instances. 3. Individual On-Site Filtration. Staffworked with Culligan to evaluate the problem in the water and developed a Pilot Program to evaluate the effectiveness of providing individual filters designed for iron removal. Based upon the eight homes in the program, the results were varied and inconsistent. At times the filters worked at iron removal, while at other times the iron bypassed the filters. As a short-term and relatively inexpensive solution, this could be a technique for homeowners to use. The installation cost is about $250 - $300, with filter cartridges at about $18-20 each, with replacement about every 3 months. 4. Air Scouring. This is a new method of cleaning water main lines that staff found while researching alternatives. Air scouring is a technique developed in Australia and Great Britain. it is not a common practice in the US, yet. Air scouring claims to be more effective than flushing mains. Air scouring is a process where compressed air (dried, cleaned and filtered) is injected into the water main through a hydrant. This process increases the velocity of the flow of water in-pipe. As the velocity increases, deposits on the interior of the pipe walls are loosened and pushed forward, actually scouring the pipe walls. The air, water, and deposits are removed from the main and forced out a controlled exit, such as another hydrant. The advantage to this type of cleaning process is the time it takes compared to conventional cleaning methods, and it does not require direct access to the main that conventional cleaning does. The disadvantage is that it is ineffective on heavily tuberculated lines (as is our situation). Staff has queried other Cities and consultants, and found no one who has used, and in most cases heard of, this type of cleaning process. It also does not address the continued problem of exposed iron pipe in the line after the cleaning process is complete. Due to the heavy tuberculation found in the subject areas and unproven technique in the US, staffdoes not recommend this alternative. The nearest company that does air scouring (we could find) is in Pennsylvania and after reviewing our C-Factor tests, they advised methods other than air scouring to clean the subject pipes. COUNCIL ACTION: P. 54 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: CLEANING AND LINING OF 2,560 LINEAL BY: K. Hansen BY: FEET OF WATER MAIN: MINNEAPOLIS 2005 DATE: 1/20/05 DATE: PROGRAM Continued - Water Quality Complaint Areas Page 3 5. Mechanical Cleaning and Lining Mechanical cleaning of the pipe involves shutting down the subject pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a 'pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface allowing the tuberculation process to start all over. In-place lining of water mains can be accomplished by two general methods: cement mortar and epoxy. Cement mortar lining is the current standard of the industry and all new ductile iron pipe (DIP) is cement mortar lined. This involves applying lean cement through a rotating head of a specific diameter. As the lining machine moves through the pipe, it leaves a smooth trowelled finish. Epoxy lining was developed in the UK in the late 1970's, and has been used in the US since the early 1990's for water main. This process requires a cleaner wall surface than cement mortar, so more thorough cleaning is required. The epoxy lining is then applied with computer-controlled machinery to achieve the exact resin and hardener mix and application thickness. In either case, lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $45 to $65 per foot, depending on the pipe diameter and severity of buildup. Epoxy costs may be slightly higher. Other factors, such as adequacy of the street surface and frequency of water main breaks, should also be evaluated prior to using this method. The City of Minneapolis currently has an annual water main cleaning and lining program for the identical problems we experience. In 2004, they completed 50,000 lineal feet of pipe. Initial discussions with their staff indicated they would be willing to add Columbia Heights under their contracted program. The subject segment lengths are 1,260 ft for 37th - 39th, Polk to Tyler and 1,300 ft for 494 to 51 st, Jefferson. Based upon the estimate range obtained from the City of Minneapolis, the respective costs would be $56,700 and $58,500, or a total of $115,200 using $45 per foot. 6. Complete Water Main Replacement This technique involves excavating the street, removing the old water main, installing new water main, reconnecting all water services, and then reconstructing that portion of the street disturbed. This is the most costly of all alternatives due to the street restoration costs. The water main piping costs range from $40 to $60 per foot, depending on the pipe diameter. Road restoration costs can range from $120 to $150 per foot. COUNCIL ACTION: P. 55 CITY COUNCIL LETTER Meeting of: 1/24/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: CLEANING AND LINING OF 2,560 LINEAL BY: K. Hansen BY: FEET OF WATER MAIN: MINNEAPOLIS 2005 DATE: 1/20/05 DATE: PROGRAM Continued - Water Quality Complaint Areas Page 4 7. Interconnect with Hilltop Interconnection with the City of Hilltop has previously been presented to the City Council. One of the recommendations of the 1999 Water Distribution Study was to interconnect with the City of Hilltop at various locations. Accomplishing this would have two main benefits to Columbia Heights. First, interconnection would provide an additional demand on our system that would decrease residence times (time in pipe) which affects water quality in the areas around Hilltop, including the Jefferson Street area. Second, interconnections would increase the fire flow to the pipe networks surrounding Hilltop, which are mostly 6-inch. In our 4 and 5 Street Rehabilitation Program, water main was extended to the Hilltop border at the recommended locations. The only capital cost would be to then extend and connect the pipes inside of Hilltop. Hilltop has recently conducted their own water distribution study that also supported this idea. Potential Funding: It should be noted that this is likely a system problem and not only isolated to the two segments identified herein. The City of Columbia Heights is currently addressing this problem in our Street Rehabilitation Program work when water mains are fully replaced. That work is paid for out of the Water Construction fund, bonded for, with debt service paid through the utility rates. Similarly, this work could be funded in the same manner. This work was not programmed in the 5-year utility rate study costs. The subject areas could be funded in 2005 considering the following: Delaying Street Rehabilitation Zone 7B until 2006 Construction. Our new rates included rehabilitation of the water tower (structural and coatings) and efficiency upgrades to one water pumping station. This work could be delayed one year. Our new rates programmed $300,000 in capital expense for Zone 7B, the water tower and water pumping station. Adjusting 2005 program work to include Huset Parkway water main replacement ($185,000) and contracting with the City of Minneapolis under their mechanical cleaning and lining program ($115,200) would maintain 2005 programmed expenses. The consequence of the above funding scenario would delay programmed work. Zone 7B would be delayed for one year until 2006, the water tower rehab could wait until 2006 construction (but not further), and the water pumping station could be completed in a future year. RECOMMENDED MOTION: Move to authorize the preparation of final plans and specifications for water main cleaning and lining of two segments of pipe totaling 2,560 lineal feet, under the City of Minneapolis main cleaning and lining program for 2005. COUNCIL ACTION: P. 56 Figure 1 P. 57 CITY COUNCIL LETTER Meeting of: January_ 24, 2005 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL Fire ITEM: Establish Hearing Dates BY: Charlie Thompson ,BY: License Revocation, Rental Properties DATE: January 19, 2005 DATE: NO: Revocation or suspension of a 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. Tracy Saloka ................................................................. 4600-02 Johnson Street N.E. 2. Va Megn Thoj ............................................................... 4656-4658 Polk Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension o£a License to Operate a Rental Property within the City of Columbia Heights agah~st Traey Saloka at 4600-4602 Johnson Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Coiumbia Heights against Va Megn Tho j. at 4656-4658 Polk Street N.E. COUNCIL ACTION: P. 58 CITY COUNCIL LETTER Meeting of': January 24, 2005 AGENDA SECTION: 5/~ p~_ [,~ ORIGINATING DEPT.: CITY MANAGER NO: Lic ens e D ep artment APPROVAL ITEM: License Agenda BY: Shelley Hanso DATE: ~t NO: DATE: January 24,~'~'005 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the January 24, 2005 City Council meeting. Thii agenda consists of applications for Contractor licenses for 2005. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released ~o the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 24, 2005 as presented. COUNCIL ACTION: .. P. 59 TO CITY COUNCIL January 24, 2005 *Si~m~ed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA BLDG CONTRACTORS LICENSES *Dean's Professional Plurr~b *McGuire & Sons Plumb *Century Plumbing *A B & B Plumbing Bergstrom Plumbing *JL Bjorlin Plumbing *Valley Rich Co Inc. *Lindman Plumbing *Delson Plumbing *Affordable Heating *Practical Systems *Heating & Cooling Two *Associated Mechanical *Residential Heating *Pierce Refrigeration *Royalton Heating *NS/I Mechanical Contr. *Anderson Heating 21301 CtyRd 81, Rogers, MN 605 12th Ave So., Hopkins 1324 Helmo Ave No, Oakdale 25593 109th Ave NW, Zimmerman 26020 104th St, Zimmerman 1561 Bunker Lk Blvd, Ham Lake 147 Jonathan Blvd #4, Chaska 12000 53rd Ave No, Plymouth 1308 42 ½ Ave NE< Col. Hts 4030 Hayes St NE, Col Hts 4342 B Shady Oak Rd, Hopkins 18550 CtyRd 81, Maple Grove PO Box 237, Shakopee 1815 E. 41st St, Mpls 1920 2nd Ave So, Anoka 4120 85th Ave No, Brooklyn Park 2300 Territorial Rd, St Paul 4347 Central Ave, Col. Hts. *Berwald Roofing Co 2440 No Charles St, No. St. Paul *IvIP Johnson Construction 121 So. 8th St. Mpls *Frattalone Co *North Pine Aggregate 3205 Spruce St, Little Canada 14551 Lke Dr~ Forest Lake $60.00 $60.OO $60.0O $6O.00 $6O.O0 $6O.0O $6O.0O $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.0O $60.00 $60.0O P. 60 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as Hsted in the attached check register covering Check Number l through in the amountof$ ~, These checks have been examined and found to be legal charges against the CiTY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment.' P. 61 ACS FINANCIAL SYSTEM 01/20/2005 17:13:26 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.60 COVERPAGE GL540R * * * * C 0 U N C I L * * * * * * * * C O U N C I L * * * * * * * * C O U N C I L * * * * * * * * C O U N C I L * * * * Report Selection: Optional Report Title ....... 01/24/05 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Project ..................... Vendor. Invoice ..................... Purchase Order .............. Bank ........................ ucher .................... .eased Date ............... O~ared Date ................ thru thru thru thru 111326 thru 111508 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 01/20/2005 17 Check History GL540R-V06.60 PAGE 1 01/24/05 COUNCIL LISTING BANK VENDOR CHECK ~t/MBER AMOUNT BANK CHECKING ACCOUNT ACE ICE COMPANY AMERICAN BOTTLING COMPAN AQUIRRE/LEONOR BELLBOY BAR SUPPLY BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CHOICE POINT SERVICES CITY OF NEW BRIGHTON CITY WIDE WINDOW SERVICE COCA-COLA BOTTLING MIDWE COOKE C0/J P DUGDALE/MARY EAST SIDE BEVERAGE CO EBNER/KATHY ENGQUIST/SANDRA EXTREME BEVERAGE FARNER-BOCKEN FINE WINES FROM EUROPE GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KUETHER DIST. CO. LAABS/LARRY MACK/AMANDA MARK VII DIST. MCFOA - TREASURER MEDTRONIC INC MIS}CE JR & MARY JO MISKE MN POLLUTION CONTROL AGE OlWOY PETTY CASH - JOANNE BAKE PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS ROSEMEYER/GERRI SAM'S CLUB SANDBACK/MARGE SHATKIE/ROB STAR TRIBUNE STEFFEN/DEBORAH L VERIZON WIRELESS WINE COMPANY/THE XCEL ENERGY (N S P) ~ POLLUTION CONTROL AGE AARP 111326 243.16 111327 122.66 111328 238.17 111329 286.36 111330 697.75 111331 1,234.84 111332 160.00 111333 1,296.00 111334 40.47 111335 2,486.74 111336 50.91 111337 155.11 111338 29,035.60 111339 25.00 111340 12.00 111341 640.00 111342 1,876.12 111343 493.25 111344 11.67 111345 17,451.11 111346 5,082.40 111347 11,979.25 111348 3,758.13 111349 18,519.40 111350 500.00 111351 65.00 111352 14,990.67 111353 5.00 111354 46,319.00 111355 5,478.00 111356 32.00 111357 24.95 111358 93.03 111359 8,633.14 111360 89.67 111361 3,854.69 111362 250.00 111363 281.83 111364 47.00 111365 500.00 111366 982.70 111367 24.00 111368 8.28 111369 955.45 111370 50.28 111371 810.00 111372 150.00 ACS FINANCIAL SYSTEM 01/20/2005 17 Check History 01/24/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT ACE ICE COMPANY ALCOHOL & GAMBLING ENFOR AMERICAN PLANNING ASSOC. BELLBOY BAR SUPPLY BELLBOY CORPOR3kTION BIRCH/PHYLLIS CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE DEEP ROCK WATER COMPANY EAST SIDE BEVERAGE CO EHLER & ASSOCIATE-PUBLIC EXTREME BEVERAGE FARNER-BOCKEN G & K SERVICES GRIGGS-COOPER & CO HANSEN/KEVIN HGIJ,LLC HOHENSTEINS INC JEAN/NANCY JOHNSON BROS. LIQUOR CO. KRAMER/MILDRED KUETHER DIST. CO. LUND/TIM ~ MARK VII DIST. ~ MC KAY/DONNA ~ MN DEPART OF ECONOMIC SE NORDLUND/JOHN OLD LOG THEATRE OTTNEY/LEANN PIONEER PRESS QWEST COMMUNICATIONS UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA WELLS FARGO - PAYROLL AC ACE HARDWARE AMERICAN LAMINATING ANOKA COUNTY LIBRARY ANOKA COUNTY LICENSE CEN ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. ATLAS AUTO BODY BAKER & TAYLOR BARNA GUZY & STEFFEN LTD BATTERIES PLUS BOOK WHOLESALERS INC BOSER/ADAM BRADLEY & GUZZETTA LLC CHECK NUMBER 111373 111374 111375 111376 111377 111378 111379 111380 111381 111382 111383 111384 111385 111386 111387 111388 111389 111390 111391 111392 111393 111394 111395 111396 111397 111398 111399 111400 111401 111402 111403 111404 111405 111407 111408 111409 111410 111411 111412 111413 111414 111415 111416 111417 111418 111419 111420 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 2 AMOUNT 22 12 60 00 295 30 186 26 403 10 47 00 751 60 117 20 125 17 7,631 80 165 75 320 00 4,950 80 49 49 25 95 21.30 93.30 829.53 3.32 381.06' 47.00 16,820.55 40.58 4.50 40.00 1,825.40 23.26 1,942.50 130.00 49.79 994.37 135.00 240.00 250,859.20 5.64 272.00 1,000.42 200.00 392.00 79.90 432.20 1,540.47 13,992.00 120.35 47.01 15.00 374.50 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 01/20/2005 17 Check History GL540R-V06.60 PAGE 3 01/24/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT CHECK NUMBER AMOUNT BRODART BUREAU OF CRIMINAL APPRE CARE OPTIONS NETWORK CATCO PARTS SERVICE CENTER POINT ENERGY CENTRAL MIDDLE SCHOOL CINTAS FIRST AiD-SAFETY COLUMBIA HGTS-FRIDLEY KI COLUMBIA PARK CLINIC COORDINATED BUSINESS SYS CSC CREDIT SERVICES DALCO ROOFING & SHEET ME DAVIES WATER EQUIPMENT C EBSCO PUBLISHING EMERGENCY AUTOMOTIVE TEC ENTERPRISE NETWORK SYSTE FIDELITY SERVICES INC FIRST STUDENT INC FLEX COMPENSATION, INC FRIDLEY-COLUMBIA HEIGHTS G & K SERVICES GENE'S SERVICE GENUINE PARTS/NAPA AUTO GIS RANGERS HEIGHTS ELECTRIC INC. HEWLETT PACKARD HONEYWELL INC IDEAL ADVERTISING INC. INFRATECH INTEGRATED LOSS CONTROL INTL ASSOC OF CHEIFS OF IPC PRINTING IPMA - ASSESSMENT SERVIC J. B. HUDSON JERRY'S FLOOR STORE KENNEDY & GRAVEN KUETHER DIST. CO. LANO EQUIPMENT CO. LEXISNEXIS MATTHEW BENDE LUBE-TECH LYLE SIGNS INC MAC QUEEN EQUIPMENT CO. MEDIATION SERV.FOR ANOKA MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY METROPOLITAN COUNCIL WAS 111421 200.05 111422 630.00 111423 65.00 111424 132.53 111425 603.15 111426 15.00 111427 74.48 111428 437.06 111429 305.00 111430 295.00 111431 25.00 111432 250.00 111433 119.84 111434 551.65 111435 182.85 111436 1,783.34 111437 4,884.61 111438 952.81 111439 670.00 111440 437.05 111441 439.59 111442 90.00 111443 413.84 111444 2,935.80 111445 355.00 111446 19,819.43 111447 5,025.24 111448 292.50 111449 330.00 111450 319.00 111451 100.00 111452 60.18 111453 145.00 111454 1,622.00 111455 1,195.13 111456 4,597.99 111457 74.50 111458 58.91 111459 110.00 111460 43.90 111461 130.27 111462 8.95 111463 1,870.00 111464 72.00 111465 384.80 111466 57.51 111467 64,197.88 ACS FINANCIAL SYSTEM 01/20/2005 17 Check History 01/24/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT MIDWAY FORD MINITEX - ATTN MARY GARC MINNEAPOLIS FINANCE DEPT MINNESOTA CLE MINNESOTA GFOA MINNESOTA SOLUTIONS MN RURAL WATER ASSOC MPLS ST PAUL MAGAZINE MUNICI- PALS MYAS - MN/AAU NATIONAL SAFETY COUNCIL NATOA NORTHEASTER 0 ' GARA/ANDREW OFFICE DEPOT PATCHIN MESSNER & DODD PC SOLUTIONS PEPSI-COLA- 7 UP PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I RUGG ' S RECOMMENDATIONS SCHINDLER ELEVATOR CORP SHI · ~ ST JOSEPH' S EQUIPMENT Oh STATE SUPPLY COMPANY O~ STEVEN WALL APPRAISAL SE STREICHER' S GUN' S INC/DO SUBURBAN AIR SUN PUBLICATION SYSTEMS SUPPLY INC. TEE' S PLUS TENNANT COMPANY TESSMAN CO THE MERMAID ENTERTAINMEN THOMSON GALE U S POSTAL SERVICE UNIFORMS UNLIMITED INC VERI ZON WIRELESS VIKING ELECTRIC SUPPLY VOSS LIGHTING WILD MOUNTAIN CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 4 CHECK NUMBER AMOUNT 111468 610.48 111469 675.00 111470 64,533.31 111471 57.25 111472 40.00 111473 400.00 111474 200.00 111475 9.99 111476 20.00 111477 250.00 111478 250.00 111479 510.00 111480 780.30 111481 45.00 111482 3,875.10 111483 17,500.00 111484 115.82 111485 18.00 111486 23.16 111487 2,516.80 111488 28.95 111489 107.31 111490 312.00 111491 180.70 111492 168.52 111493 9,400.00 111494 101.22 111495 5,430.00 111496 637.50 111497 852.64 111498 171.72 111499 264.15 111500 639.45 111501 391.00 111502 1,215.00 111503 3,600.00 111504 22.56 111505 46.31 111506 120.68 111507 208.70 111508 1,168.00 723,004.94 *** ACS FINANCIAL SYSTEM 01/20/2005 17 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.60 PAGE 5 01/24/05 COUNCIL LISTING CHECK NUMBER AMOUNT 723,004.94 RECORDS PRINTED - 001801 ACS FINANCIAL SYSTEM 01/20/2005 17:13:30 Fl/ND RECAP: FI/ND DESCRIPTION ................................ 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 212 STATE AID MAINTENANCE 225 CABLE TELEVISION 240 LIBPJtRY 261 TWENTY-FIRST CENTURY GRANT 270 DARE PROJECT 378 MEDTRONICS DS 385 MULTI-USE REDEVELOPMENT PLAN 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FI/ND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 701 CENTRAL GAPJtGE 720 DATA PROCESSING 885 ESCROW 887 FLEX BENEFIT TRUST FUND ALL FU1VD S BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS Check History DISBURSEMENTS 48,217.49 7,582.22 527.58 884.50 7,866.67 2,511.81 171.72 46,319.00 5,478.00 33,198.71 67,097.11 66,077.64 1,211.94 339.06 156,972.29 3,975.80 3,267.50 19,844.38 246,300.38 5,161.14 723,004.94 DISBURSEMENTS 723,004.94 723,004.94 CITY OF COLI/MBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING CITY NO: ~ j~ DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE NO. BY: CHARTER By: .f'~"'~~ 1480, AMENDING CHAPTER 2, SECTION COMMISSION DATE: 15, OFFICIAL BONDS, OF THE CITY DATE: 1-20-05 CHARTER NO: Background on Proposed Change to Chapter 2, Section 15, Official Bonds This item has been discussed by the Charter Corm-nission various times tlu'oughout 2004. The Finance Director, Bill Elrite, has recmmnended this change to the Charter Cmmnission. Mr. HoeR, City .Attorney, concurs with this recmmnendation, and states the proposed wording would satisfy the legal requirements for bonding. The City Com~cil has discussed this item in a recent work session and received further clarification on the change. The first reading by the City Council of this proposed ordinance change was held on January 10, 2005. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1480, there being ample copies available to the public. RECOIvlMENDED MOTION: Move to adopt Ordinance No. i480, an ordinance amending Chapter 2, Section i5, Official Bonds of the city cha,-ter. COUNCIL ACTION: P. 69 ORDINANCE NO. 1480 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 15 OF TIlE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO OFFICIAL BONDS The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 15 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 15. OFFICIAL BONDS. The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall each.before entering upon the duties of their respective offices, give bond to the city in such sum as may be fixed by the council as an additional security for the faithful performance of their respective official duties m~d the safekeeping of the public funds. Such bonds shall be approved by the city council and shall be endorsed by at least three members of the council as having been so approved. They shall be filed with the security of the council. The provisions of the laws of the state relating to official bonds, not inconsistent with this charter, shall be complied with. The first city manager under this charter shall give bond in the sum of Five Thousand Dollars, but the council may increase this requh'ement at any time. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds. Section 2: This Ordinance shall be in full force and effect fi:om and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: January 10, 2005 Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor P. 70 CITY COUNCIL LETTER Meeting of January_ 24, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ¢ 5 Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation DATE: Janual3~ 19, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Alicia Anderson regarding rental propmly at 4824 Stinson Blvd. N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to cram-hence at the City Council meeting of January 24, 2005. The public heating on this property may now be closed in that the violations on the property have been con'ected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Alicia Anderson Regarding Rental Property at 4824 Stinson Blvd N.E. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 71 CITY COUNCIL LETTER Meeting of January_ 24, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ¢ ~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation DATE: Janum3~ 19, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Chris Cornelius regarding rental property at 1407-09 Circle Terrace Blvd N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of Jm~um_'y 24, 2005. The public hearing on this propetW may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Chris Cornelius Regarding Rental Property at 1407-09 Circle Terrace Blvd N.E. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 72 CITY COUNCIL LETTER Meeting of Jm~ua _ry 24, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~0 ~.~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson BY:~,..~~ Rental License Revocation .~ DATE: Janum3~ 19, 2005 DATE: NO: The matter of the revocation o£the license to operate a rental unit(s) within the City of Columbia Heights against F.C. Celtic, LLC regarding rental property at 3849-51 Central Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of January 24, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic, LLC Regarding Rental Property at 3849-51 Central Avenue N.E. in that the Violations on the Property have been Co~ected. COUNCIL ACTION: P. 73 CITY COUNCIL LETTER Meeting of January 24, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~2 -~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson B Rental License Revocation DATE: January 19, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Dorm Woods regarding rental property at 1133 45th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Cotmcil meeting of January 24, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension o£the Rental License Held by Dorm Woods Regarding Rental Property at 1133 45th Avenue N.E. in that the Violations on the Property have been Corrected. COUNCIL ACTION: P. 74 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 24, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY NO: '"7 ~ I Community Development APPROvALMANAGER'S ITEM: Adopt Resolution 2005-04, BY: Robert Streetar Establishing Planning & Zoning Fee DATE: January 10, Schedule and First Reading of Ordinance No. 1479 BACKGROUND This memorandum recommends modifying the current planning accurately reflect and fairly allocate the cost of this service. permit fee structure to Current Fee Structure Current permit fees do not accurately reflect or fairly allocate the cost of providing the service. Subsequently the applicant is not paying the actual cost of the service, which results in the residents, through the property tax, paying the'balance. This in effect is a subsidy paid by residents who' do not receive a direct benefit. For example, the cost to process the Aldi's application was approximately $600, but the permits fees Aldi's paid under the current structure were $400. The $200 balance not paid by Adli's is a subsidy paid by residents through property tax. This will also occur with the application for the first phase of the industrial park redevelopment. The developer will pay $600 to process the application, which will not nearly cover the cost to provide the complicated and detailed planning, engineering and public safety review and inspection of a $125 million dollar project Lastly, there may be few times when an applicant pays more than it cost to process the application, resulting in over payment. Since the benefit from granting a permit accrues primarily to the applicant, the applicant ought to assume the cost of the permit. Planning fees have only been update three times in 3! years, 1974 1981, and 1996. Recommended Fee Structure The recommended permit fee modifications accomplish two things: It updates current permit fees to reflect the average cost of processing the application. Please see Table 1 below that compares current and recommended planning permit fees, as well as the recommended resolution. The average cost is determined by using the hourly wage plus fringe of each person involved in the review process and multiplying that amount by the average estimated time each employee spends reviewing the application. The applicant is charged at the time they submit an application. The applicant is not charged for the pre application meeting, which occurs before the application is submitted, and at which time the planner conveys the requirements and answers any questions the applicant may have. Please find attached information used to determine average cost of processing an application. 2. It amends the Zoning Ordinance allowing the City to collect the actual cost of processing the planning application. If the cost to process the application exceeds the average fee P. 75 z the applicant must make up the difference as a condition of approval. If the cost to process the application is less than the average fee the applicant receives a refund. Please find attached the recommended Ordinance language. Table 1 - Planning Permit Fee Com ~arison Application Fees Current Fee ~ Recommended Fee 2 Appeal $100 $185 Comprehensive Plan Amendment $500 $545 Conditional Use Permit $100 $220 Final Plat $250 $395 Interim Use $0 $255 Minor Subdivision $250 $275 Preliminary Plat $250 $670 Site Plan Review $150 $370 Vacation $0 $150 Variance $100 $235 Zoning Amendment $500 $545 - Fee is fixed regardless of the amount of time to process the application. 2- If the cost to process the application exceeds the average fee, the applicant makes up the difference as a condition of approval. If the cost to process the application is less than the average fee, the applicant receives a refund. Also, please find attached a Table 2, a comparison of Columbia Heights' current, and recommended permit fees, with eleven similar cities. As the table shows the recommended fees fall within the midrange of these cities. The Council is requested to make to motions, the first is to update the fees, and the second is to amend the Zoning Ordinance to allow the City to collect the actual cost of processing the application. RECOMMENDED MOTIONS: Waive the reading of resolution 2005-04 a resolution amending Planning and Zoning Fee Schedule, there being ample copies available to the public. Adopt resolution 2005 - 04, A Resolution Amending Planning and Zoning Fee Schedule. RECOMMENDED MOTIONS: Waive the reading of Ordinance 1479 Being an Ordinance Amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428 there being ample copies available to the public. Move to set February 14, 2005 for the Second Reading of Ordinance i479 Being and Ordinance Amending Ordinance 853, City Code of 1977, Pertaining to Zoning and Development Ordinance #1428. COUNCIL ACTION: P. 76 2 TABLE 2 CITY COMPARISON OF PLANNING PERMIT FEES ::"'::::::::: :::::::::::::::::::::::::::: ::::::::~:::,::~ ::::::: :::::~':: ~:~,: '~¢~:~:,:~::~:?¢::::~;: ::: ::%:~: ~: 6~ ~ ~.~'h~ i~:::::::::::::::::::::::::: :::::::::::::::::::::: ::::::::::::::::::::::::::::::::::¢~::~ :'~: ~::::~;~:~:~~,:::::::::::~:::::::::::::::::::::::::::::::::~:~:~: ::::~:::::::::~4~::~:~ ::::::::::::::::::::::::::::: :::::::::::::4::?:::::::::::::::::::::::::: ::~:::::::::: ::~:: ,::::::~::~:~:::~::'¢~::~:~:::::::::::::::::::::: ::::::: :::::::::::::::::::::::::::::: :::: ::::: ::: :::::~e~:::::,::lBt ~ m: Columbia Heights - $75 Residential Current $100 $500 $128 $250 $250 $150. $250 $158 TBD $100 Commercial $500 $0 1996 Columbia Heights - Recommended $185 $545 $220 $395 $670 $275 $37e $150 $235 $545 $255 n/a Anoka $50 $250 $100 $100 $250 $50 $250 $125 $250 $500 n/a 2002 No record oi Brooklyn Center $100 $8 $100 $125 $200 $100 $500 fee $100 $700 n/a 1999 $300 + $50/Iot ove~ Cwstal $100 $300 $500 $0 2 lots $200 $300 $200 $200 $300 n/a 2004 $1,500 for 20 lots 4 $250 $100 Residential Accesso~ $15 for ea. Add $250 Residential Fddley $1400 $500~ $1500 All others $0 Lol $1,250 $0 $1,250 $1,400 Commercial $1,500 n/a 200z $500 + escrow: (upto 5,000 sr. - $1,500) (5,000 - ~ 10,000 sf. $3,250) (50,000 H~ ~ is $250 $500 $500 $600 $158 $500 sr. + $4,000) $400 $250 $500 n/s 2OO3 $150 - signs ($400 project less than $1,000) ($800 Hopkins $6 $200 project over $1,000) $100 $325 + $80/ac. ~ $200 $250 $250 $150 $350 n/ai 2004 $185 Residential Several New Bdghton $0 $800 $380 $185 $400 $270 $365 $180 $535 Commercial $800 n/a Yearn All costs $500 + borne by $150 - Residential, $325 $5/$1,000 of value to a $150 Residential New Hope applicant $800 Commercial $0 $500 $200 max. of $3,500 $200 $325 Commemial $400 n/a 200z $250 Residential ~Richfield $350 $350 $250 $500 $350 + $5/1ot $300 $250 $350 $450 Commercial $500 n/a 2001 $200 Residential Shomview $0 S500 $277 $200 $350 + $5/Iot $100 $250 $200 $250 Commercial $400 n/a 2004 $0 unless covered by $100 Residential White Bear Lake $0 $500 $400 $0 $450 $225 other applications $150 $250 Commercia; $650 n/a 2003 RESOLUTION 2005 - 04 RESOLUTION AMENDING PLANNING AND ZONING FEE SCHEDULE WHEREAS, the planning and zoning permit fees have not been adjusted since 1996 and do not reflect the increased cost of processing planning and zoning permit applications, WHEREAS, City Ordinance 853, City Code of 1997 (as amended) provides for the City Council to adjust the planning and zoning permit fees periodically, NOW, THEREFOR, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby adopts the following planning and zoning permit application fees schedule to be effective March 16, 2005. Application Fee Appeal $185 Comprehensive Plan Amendment $545 Conditional Use Permit $220 Final Plat $395 Interim Use $255 Minor Subdivision $275 Preliminary Plat $670 Site Plan Review $370 Vacation $150 Variance $235 Zoning Amendment $545 Offered by: Second by: Roll Call: Councilmember Councilmember Ayes: Nayes: Mayor, Gary Peterson City of Columbia Heights, Minnesota Patricia Muscovitz, CSM Deputy City Clerk P. 78 ORDINANCE NO. 1479 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 1' Section 9.405 (5) currently reads: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. Fees shall be payable at the thne applications are filed with the Zmfing Adlninistrator and are not refundable unless application is withdrawn prior to refen'al to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by the City Council or Planning Con'unission. Is hereby mnended to read as follows: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. Fr,:,:, ~l:x!! ~c F:,y.x~!: a*. Section 2: This ordinance shall be in full force and effect from mhd after 30 days after its passage. Ffl'st Reading: January 24, 2005 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor, Gary L. Peterson P. 79 ESTIMATE AVERAGE PLAN REVIEW AND INSPECTION TIME Permits ~ppeal gomprehensive Plan Amendment Conditional use Permit Final Plat Intedm Use Minor Subdivision (lot split) Preliminary Plat Site Plan Review Vacation Vadance Zoning Amendment Council and Commission Review Planning City Council Commission Planner Planner 0.00 0.50 0,50 0.50 0.50 0,50 0,50 0.50 0.50 0.50 0,50 0.50 0.50 0.50 0,00 0.50 0.50 0,50 0.50 0.50 0,50 0.50 MINIMUM PLANNING FEE ESCROW Staff Review Community Development Dept. Planner Application Review 3.00 12.00 3.00 3.00 4.00 4.00 6.00 5,00 1.50 3.50 12.00 Planner Inspection Secretary Director 0.00 0.25 0.33 0.00 0.25 1.00 0.50 0.25 0.33 0.50 0.25 0.33 0.50 0.25 0.33 0.50 0.25 0.33 0.50 0.25 1.00 0.50 0.25 0.33 0.00 0.25 0.33 0.50 0.25 0.33 0.00 0.25 1.00 Public Works Dept. 0.50 0.50 0.50 5.00 0.50 1.00 8.00 3.00 0.50 0.50 0.50 Fire Dept. 0,50 0.50 0.50 0.50 0.50 0.50 1.00 0.50 0.50 0.50 0.50 Total Hours Rounded 5.08 15.25i 6.08i 1058i 7.08 7,58 17,75 10.08 4,08 6.58 15.25 Note Appeals are reviewed by the Planning Commission; therefor no Council time is required. Site plan reviews are approved by the Planning Commission, therefore no Council time required ~,ppeal Comprehensive Plan Amendment Conditional use Permit Final Plat Intedm Use Minor Subdivision (lot split) Preliminary Plat Site Plan Review Vacation Vadance Dning Amendment COST - WAGE AND FRINGE ONLY Recommended Current 100 500 120 25O 250 250 250 150 0 100 500 2005 Difference $55 $45 $10~ $145 $5 $2~ $42£ $22£ $15[ $13~ $4~ Public Works Kevin Hanson - City Engineer 55.39 Kathy Young - Assr. City Engineer 39.12 FTre Department Gary Gorman 38,90 Community Development Bob Streetar- Director 48.47 Pat Smith - Planner 34.21 Char Bakken - Secretary 25.02 *City Attorney's time not included in calculation. **Charge begins with submitted application, There is no charge for the pre - application meeUng,