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HomeMy WebLinkAboutJune 27, 2005 Regular ADMINISTRA TION Mavor Gary 1. Peterson COllllcilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Die/ull Bruce Kelzenberg Citv Mallaf!er Walter R. Felzst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-heights.l1lfl.us The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, June 27, 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) 1. CALL TO ORDERJROLL CALL/INVOCATION Invocation by Pastor Dave Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. 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.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations B) Presentations - none C) Introduction of New Employees 1) Aaron Lieberman, Public Works Maintenance D) Recognition 1) CERT Team #2 Graduation 2) Donation to CERT by First Lutheran Church 3) Recognize Officers for action at incident - 40th & Central 5. 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 June 13,2005 regular City Council meeting MOTION: Move to approve the minutes of the June 13,2005 regular City Council meeting as presented. P6 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the June 7, 2005 minutes ofthe Library Board of Trustees P24 3) Establish Work Session meeting date for Tuesday, July 5, 2005, beginning at 7:00 p.m. in Conference Room 1. THE eM <J"tm~~I'N1'(j~frtQJ'eStcWI1Sll'W'~ '8'e~G1'l.smeeHIYg3IElateNftw'ifqlegtfu~ jmy~,v~eo D>~i.maing at EQUAL OPPORTUNITY EMPLOYER P26 City Council Agenda June 27,2005 Page 2 of5 7:00 p.m. in Conference Room 1. Upcoming Work Session Items: 4) Establish Work Session meeting date for Monday, August 29, 2005, beginning at 7:00 p.m. in the School District Community Room P27 MOTION: Move to establish a Work Session meeting date for Monday, August 29,2005 beginning at 7:00 p.m. the School District Community Room. 5) Authorize purchase of sixty, 800 MHz portable radios from State Homeland Security Grant P28 MOTION: Move to authorize the City Manager and the Police Chief to enter into a contract for the purchase of60 Motorola XTS 2500 portable radios in the amount of$149,960 (tax. exempt) from the State of Minnesota contract, with funding to come from Homeland Security Grant #20009757 and City fund 272-42130. 6) First Reading of Ordinance No. 1489, being an ordinance pertaining to air quality standards P31 MOTION: Move to waive the reading of Ordinance No. 1489, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance #1489 pertaining to Air Quality Standards for Monday, July 11, beginning at approximately 7:00 p.m. in the City Council Chambers. 7) First Reading of Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code P34 MOTION: Move to waive the reading of Ordinance No. 1490, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1490 for Monday, July 11,2005 at approximately 7:00 p.m. in the City Council Chambers. 8) First Reading ofOrdinauce No. 1491, being an Ordinance authorizing the Sale of Steel Tech P36 MOTION: Move to waive the reading of Ordinance No. 1491, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Certain Land in the City for Monday, July 11, 2005 beginning at approximately 7 :00 p.m. in the City Council Chambers. 9) Adopt Resolution No. 2005-37, being a Resolution authorizing and directing the Condemnation of Certain Property for Road Purposes P 3 9 MOTION: Move to waive the reading of Resolution No. 2005-37, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-37, being a resolution authorizing and directing the Condemnation of Certain Property for Road Purposes. 10) Adopt Resolution No. 2005-32, being a Resolution establishing limited sewer back-up clean-up and property damage Protection for municipal sewer customers P 4 5 MOTION: Move to waive the reading of Resolution No. 2005-32, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-32, being a resolution establishing limited sewer back-up, clean-up, and property damage Protection for municipal sewer customers. P.2 City Council Agenda June 27, 2005 Page 3 of 5 11)Adopt Resolutions 2005-34. 2005-35. 2005-36 to designate "No Parking" on 39th Avenue, Jefferson Street and 5th Street p 5 5 Motion: Move to waive the reading of Resolution No. 2005-34, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2005-34 designating No Parking Locations on 39th Avenue from 37th Avenue to east of Jefferson Street. Motion: Move to waive the reading of Resolution No. 2005-35, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2005-35 designating No Parking on Jefferson Street near 39th Avenue. Motion: Move to waive the reading of Resolution No. 2005-36, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2005-36 designating No Parldng on 5th Street near 39th Avenue. 12) Establish a Hearing Date of July 11. 2005 for revocation or suspension of rental property license at 4640 Polk Street P59 MOTION: Move to establish a hearing date of July 11,2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Maumer Sekizovic at 4640 Polk Street NE. 13) Approve the items listed for rental housing license applications for June 27. 2005 p60 MOTION: Move to approve the items listed for rental housing license applications for June 27, 2005. 14) Approve Business License Applications p63 MOTION: Move to approve the items as listed on the business license agenda for June 27,2005 as presented. 15) Approve Payment of Bills p65 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check NlUnber 113234 through 113404 in the amount of $2,422,852.44. 6. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4032 Van Buren St. P73 MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Scott Owens regarding rental property at 4032 Van Buren Street NE in that the owner has been granted an extension of time to have violations on the property corrected. B) Public Hearin g called for Revocation/Suspension of Rental Housing License at 1231-33 Circle Terrace & 1301-03 Circle Terrace P74 MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension ofthe Rental License Held by Steve Elie regarding rental property at 1231-33 Circle Terrace & 1301-03 Circle Terrace in that the violations have been corrected. P.3 City Council Agenda June 27, 2005 Page 4 of5 C) Adopt Resolution No. 2005-39 being a Resolution for Rental Housing License Revocation at 4258 2nd Street P75 MOTION: Move to waive the reading of Resolution No.2005-39 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-39, Resolution of the City Council ofthe City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Mark Mdaka Regarding Rental Property at 4258 2nd Street NE. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1487, being an Ordinance adopting the Minnesota State Fire Code P78 MOTION: Move to waive the reading of Ordinance No. 1487, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1487, being an Ordinance Adopting the Minnesota State Fire Code. B) Bid Considerations 1) Authorize replacement of Unit #190, '87 truck mounted sewer rodding machine and chassis P81 MOTION: Move to authorize the replacement of Unit #190A and Unit #190 with one (1) new 2005 SECA model H-800 Jetter in the amount of$89,085 subtracting a trade-in allowance of$9,045, plus sales tax from ABM Equipment Co. and one (1) new 20064300 SBA 4x2 (MA025) International truck chassis for $44,333 plus sales tax from Astleford International Trucks. All equipment pricing per Minnesota State Purchasing Contract. 2) Adopt Resolution 2005-33, Accepting the bid for Building Demolition and Excavation of Contaminated soil in the Industrial Park (Phase I-B) P85 MOTION: Move to waive the reading of Resolution 2005-33, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2005-33, a Resolution accepting the bid for building demolition and excavation of contaminated soil in the Industrial Park (Phase I-B), Columbia Heights, MN. C) Other Business 1) Adopt Resolution No. 2005-38, being a Resolution establishing Property Maintenance Inspection Fees. p88 MOVE to waive the reading of Resolution #2005-38, there being ample copies available for the public. MOVE to adopt Resolution #2005-38, being a Resolution establishing Property Maintenance Inspection Fees. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. 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 COlmnents to five minutes.) PA City Council Agenda June 27, 2005 Page 5 of 5 10. COUNCIL CORNER 11. ADJOURNMENT ~ ,,,,7,/ /J.~~ / .0' /~ ,gc-- 0.t'/di7;~i:'-vUf Walter R. Fehst, CitY Managet WF /pvm P.5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL JUNE 13, 1005 s-A-j The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 13,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Gary Peterson, Councilmember Bobby Williams, Councihnember Bruce Nawrocki, Councihnember Tammera Ericson Diehm, and Councihnember Bruce Kelzenberg Pastor Tim Roehl, ChristLife Church gave the Invocation. PLEDGE OF ALLEGIANCE - recited. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the purchase of police vehicles as Consent Agenda item #8. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations Stand for Children Day - Values First Mayor Peterson read the proclamation and presented it to Police Chief Tom Johnson. Johnson accepted this as a member ofthe Values First Community. He described the school program "Journey to a Better Life" from the Middle School, depicting the seven core values of the Values First Program. Recognition l) Betty Sogge - 2005 Humanitarian of the Year Mayor Peterson awarded Ms. Betty Sogge with a recognition plaque, a bond from Northeast State Bank, a gift certificate from Taste Pizza, and a DVD player from the City. Ms. Sogge thanked the Mayor and Councilmembers for this award. She indicated the fulfillment she receives from helping others. Peterson stated that Ms. Sogge would also be honored by riding in the Jamboree parade in a convertible driven by the Mayor. 2) 2005 Values First Awards Pastor Dan Thompson - Citizen Award Recipient Police Chief Tom Johnson presented Pastor Dan Thompson with the 2005 Values First Individual Citizen Award and listed his contributions to the committee. This is the fifth year this award has been given. Pastor Thompson thaI1..ked the Committee for this honor. He stated his pleasure to accept this award and acknowledged his family and Church members that were present. Kordiak Companies - Business Award Recipient Albert and Jim Kordiak were presented the Business Award from Values First Initiative. Johnson listed their contributions to the Community that exemplify the Seven Core Values. Jim Kordiak spoke of his father's community service. Al Kordiak thanked the Committee, the Mayor, and the City Council. Peterson stated there were sever weather warnings; the meeting was paused to check weather conditions. P.6 City Council Minutes June 13, 2005 Page 2 CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for May 23,2005 regular City Council meeting Motion to approve the minutes ofthe May 23, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the June 7, 2005 minutes of the Planning and Zoning COlmnission. 3) Establish Work Session meeting date for Tuesday, June 21, 2005, beginning at 7:00 p.m. in Conference Room 1. Nawrocki stated that work sessions are special meetings and items discussed should be only what were called for. Motion to establish a Work Session meeting date for Tuesday, June 21,2005 beginning at 7:00 p.m. in Conference Room 1. Upcoming Work Session Items were stated as: Heritage Heights neighborhood, no fault sewer backup insurance, appraisals of 50th and Central, Ordinance for recreation fires, purchase 800 MHz radios, City Code, award of water jetter bid, review MSC building project. 4) Adopt Resolution No. 2005-29 being a Resolution adopting a Post Employment Health Care Saving Plan - Removed 5) Establish a Hearing Date of June 27,2005 for revocation or suspension of rental property license at 4258 2nd Street, 1231-33 Circle Terrace and 1301-03 Circle Terrace, and 4032 Van Buren Street Motion to Establish a Hearing Date of June 27, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4258 2nd Street. Motion to Establish a Hearing Date of June 27, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 1231-33 Circle Terrace and 1301-03 Circle Terrace. Motion to Establish a Hearing Date of June 27, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4032 Van Buren Street. 6) Approve Business License Applications Nawrocki indicated he was not in favor ofthe peddlers license for fireworks. Chief Johnson stated that this request cannot be denied and listed the inspections that would be conducted by the Police and Fire Departments. Nawrocki questioned if the mall parking lot would meet parking requirements if this tent were erected. Staff will check the requirements. Nawrocki stated that the sale of fireworks is not a desirable thing and asked how the product is protected at night. Fire Chief Gary Gorman stated that items are placed in a storage container and someone remains on site 24 hours a day. Gonnan reiterated that this request cannot be prohibited or charged an exorbitant license fee. Motion to approve the items as listed on the business license agenda for June 13,2005 as P.7 City Council Minutes June 13, 2005 Page 3 presented, removing the peddlers license for fireworks. 7) Authorize purchase of two Ford Crown Victoria Police vehicles Motion to authorize the purchase of two 2006 Crown Victoria Police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $45,156, and authorize the Mayor and City Manager to enter into a contract for the same. 8) 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 112995 through 113233 in the amount of $1,051,722.57. Motion by Nawrocki to approve the consent agenda, with the exception of item #4 and item #6 - license application to sell fIreworks. Peterson stated that any changes to address the sale of fireworks should have been done six months ago. Precedent shows that fIreworks sales have been approved in the past. It is unfair to change anything at this late date. Motion seconded by Williams. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Peterson, aye; Ericson Diehm, no vote - stepped out of the room. 4 ayes. Motion carried. 4) Adopt Resolution No. 2005-29 being a Resolution adopting a Post Employment Health Care Saving Plan Nawrocki stated there are other plans with different options and fees to consider and if this goes into effect immediately only six to eight employees would be eligible. Linda Magee, Assistant to the City Manager, stated those employees eligible would be non- union status, the Mayor and Councilmembers. Unions could participate at any time, following the submission of a letter of understanding. She indicated there are two plans available, the State ofMN plan and the ICMA plan; the ICMA plan is not restricted to severance payor sick leave balance, and is available for contributions. There would not be a fee to the City, and only a nominal fee to the employee. There is nothing to preclude us from offering both, other than administrative work. Magee stated the resolution and plan adoption are boilerplate and not created by us. Williams stated his support ofthe plan, as this is a win-win situation. It is a post-employment plan and can only be used for health care. Nawrocki stated he has taken a class on this and there are other plans available, giving employees more choices. Kelzenberg stated it is something we can give our employees; saving for their future, as some people cannot retire because they cannot pay for health care. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005- 29, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2005-29 being a resolution P.8 City Council Minutes June 13, 2005 Page 4 adopting the Vantagecare Retirement Health Savings (RHA) Program and adoption agreement. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION 2005-29 ADOPTING TIIE V ANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM WHEREAS, the City of Columbia Heights has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Columbia Heights has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights hereby adopts the Plan in the form of the lCMA Retirement Corporation's VantageCare Retirement Health Savings Program. BE IT FURTHER RESOLVED, that the assets of the Plan shall be held in trust, with the City of Columbia Heights serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The City of Columbia Heights has executed the Declaration of Trust of the City of Columbia Heights Integral Part Trust in the form of the model trust made available by the lCMA Retirement Corporation. BE IT FURTHER RESOLVED, that the Assistant to the City ManagerlHuman Resources Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. Temporary peddlers license for fireworks removed from business licenses. Motion by Kelzenberg, second by Williams, to approve the temporary peddlers license for fireworks as listed in the business license applications. Kelzenberg asked the Fire Chief if there have been any past problems with these temporary licenses. Chief Gorman stated there have been no problems. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Close Public Hearing for Revocation/Suspension of Rental Housing License at 1133 45th Avenue. Mayor Peterson closed the Public Hearing regarding the revocation or susfension of the Rental License held by Donn \Voods regarding rental propert'f at 1133 45t Avenue in that the property has been sold and no longer is rental property. B) Close Public Hearing for Revocation/Suspension of Rental Housing License at 4253 McLeod Street Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the Rental License held by TJ Holdings regarding rental property at 4253 McLeod Street in that the violations have been corrected. C) Close Public Hearing for Revocation/Suspension of Rental Housing License at 3700 Jackson Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental P.9 City Council Minutes June 13, 2005 Page 5 license held by Timothy Taylor regarding rental property at 3700 Jackson in that the owner has scheduled the inspection as directed. D) Close Public Hearing for Revocation/Suspension of Rental Housing License at 1000 Peters Place Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Sunshine Management regarding rental property at 1000 Peters Place Avenue in that the owners have allowed the inspection as directed. Marilyn Wenz, 1000 Peters Place, indicated there are repairs that are not being completed at this building. After being taken to court, they are fixing empty apartments and common areas, but not the apartments of current renters. They still have not sent renters their CRP fonns. Chief Gorman stated the original revocation was for a complaint inspection on apartment 302 and not allowing inspection ofthe entire building. Violations on #302 were fixed and the inspection allowed, removing the revocation process. Upon inspection, 50 violations were noted. The process now allows 30 days to fix the violations; if not complete there is a $100 fine and 15 additional days allowed, then another $100 fme and another 15 days allowed, then a $300 fine. The name of a new management company has been received. Williams asked if the license is transferable. Gonnan stated no, but the management company may change. Ericson Diehm asked who holds the license. Gonnan stated Sunshine Management. Peterson stated that the inspections were allowed as requested. Gonnan indicated this could turn into a 70 day process. The policy recommended for approval would limit the process to 30 days. Nawrocki stated it is imperative to find out who owns the building. The license needs to be in the name of the building owner. Jim Hoeft, City Attorney, agreed. Nawrocki stated it is in violation of State law that these people have not received their renter's credit. Katrice Bright, 1000 Peters Place, indicated she contacted Sunshine Management and they make it clear that they do not own the building and will only do outside maintenance. She stated that windows in the apartments are rotting. Peterson asked the attorney for advice. Hoeft stated that we are operating under the existing policy and that this body realizes the time allowed is generous and may take action tonight. The process has been followed properly. It would be good to follow up on the ownership of the property to be sure the correct entity is being licensed. Ericson Diehm asked when the new policy could be used. Hoeft stated the 30 day limit could be used upon approval. Sherlene Durant, 1000 Peters Place, indicated concern that the hallways were being repaired before the unsafe apartments. She stated there is a broken front window. Gonnan stated this would be inspected tomorrow. Durant questioned if the notice sent to the owner was by certified mail. Gonnan stated the notices are sent by regular mail. Nawrocki suggested sending this one by certified mail. Nawrocki requested that Councilmembers receive a follow up report in 30 days. P.10 City Council Minutes June 13, 2005 Page 6 E) Adopt Resolution No. 2005-31. being a Resolution ordering the Public Improvement for Huset Parkway and authorizing advertisement for bids for 2005 improvements - Huset Parkway. Proiect No. 0404 Fehst read from the pre-agreement with Schafer/Richardson, and stated that we are well into this process. He indicated the difference in the present tax capacity of $46,000 to the anticipated $125 million capacity. Nawrocki asked what the obligations ofthe developer are and if they have been met, as we have not seen a fi1111 plan. Fehst read the developer's responsibilities. Fehst stated the site plan and preliminary phase went before the Planning and Zoning COlmnission on June 7. Nawrocki questioned if all properties have been purchased. Fehst stated yes, except for Steel Tech who has agreed not to protest the sale, but a sale price has not been agreed upon. Nawrocki asked if we have the land for the revised road. Fehst stated yes. Kevin Hansen, Public Works Director, gave the background on the project, which included a study on the capacity of utilities in the area and a feasibility report for the roadway and utilities. This was approved by the City Council in December 2004. Hansen stated the boundaries ofthis roadway. The capacity of the water and sewer main of the area are adequate. The sewer main is in good shape, except the size of the manholes are too small and need to be replaced. The water main is 10 inch, but the current pipes are more than one-half constricted and recommended for replacement. There is a history of flooding in the area, and to be consistent with the Comprehensive Plan we would include two ponds. Hansen stated this roadway would be built to the State Aid Standard. The parkway would include bituminous trails, heavy landscaping, street lighting, pedestrian lighting, and three to four varieties of deciduous trees for a tree lined parkway concept. This would include a median entrance with a round-a-bout, landscaping, and art. Hansen referred to drawings in the Council packet. The cost with the engineering fee and contingency fee would be $3.952 million. This is consistent with the feasibility report, with 58 percent assessed to the developer and the remainder from our utility funds, park dedication funds, and other small sources of funding. A Livable Communities Grant will also be submitted within the month. This bid would be brought forward at the last meeting in July, with constmction beginning Ln August and completed by mid next summer. Nawrocki referred to the gateway signs costing $75,000. He indicated that about $2.5 million ofthe project cost would be from taxes and fees to residents of Columbia Heights. Nawrocki stated that utility rates have risen 50 percent over the last five years. Fehst stated he would research that number. Nawrocki stated that there is notbing wrong with 39th Avenue, as it serves the areas needs. Hansen spoke on the median, crosswalks, and parking. Ericson Diehm stated this is a $3.5 million project, with 55 percent paid by developer, for a $125 million project. Fehst pointed out that the current value of the property has been reduced to $2.5 million. Ericson Diehm indicated this is not outrageous for a $125 million project. The City must make a commitment to this project. Williams stated that the taxes collected now are 2.7 percent of what we will collect. Citizens are not being asked to pay for this, only with a share of utility costs. We are building our city. Hansen stated that approval of the resolution requires a 4/5th vote. P.ll City Council Minutes June 13,2005 Page 7 Kelzenberg stated that the Park Commission has given overwhelming approval to this project. Ifwe are rebuilding this community, this is the place to start. The roadway needs to be realigned for safety. Nawrocki stated that this project takes 60 percent ofthe industrial land in the community. Randy Schumacher, Community Development Assistant, indicated in the three to four year build out there would be 125 new trade positions. Mayor Peterson closed the public hearing. Motion by Williams, second by Kelzenberg to waive the reading of Resolution No. 2005-31, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to approve and adopt Resolution No. 2005-31 ordering the Public Improvement for Huset Parkway and authorizing Adveliisement for Bids for 2005 Improvements - Huset Parkway, City Project No. 0404. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RE S OL UT 10 N NO. 2005 -31 BEING A RESOLUTION ORDERING PUBLIC IMPROVEMENTS HUSET PARKWAY PUBLIC IMPROVEMENTS WHEREAS, Resolution No. 2005-28 of the Columbia Heights City Council adopted the 23rd day of May, 2005, fIxed a date for a council hearing on the proposed improvement of Huset Parkway from 37th Avenue to Jefferson Avenue, AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 13th day of June, 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Work includes water main and sanitary sewer construction and repairs, new storm sewer and ponding, soil corrections and new granular sub-base, new aggregate base, new concrete curb and gutter, new bituminous surfacing, required utility service extensions, required concrete sidewalk and bituminous trail, new street lighting and landscaping, restoration, and miscellaneous construction items and appurtenances. .All on or near Huset Parkway from 3ih Avenue to Jefferson Street. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report dated December 6th, 2004, and as prepared by the Engineering Consulting Firm of SEH. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 23rd day of May 2005. 4. These improvements shall also be known as P.I.R. 2005-SA-02-001 - Project 0404. 5. Such plans and specifIcations identifIed as 2005 Improvements, Huset Parkway, City Project Number 0404 are hereby approved. 6. The city clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifIcations. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 2:00 p.m. on July 14th, 2005, at which time they P.12 City Council Minutes June 13, 2005 Page 8 will be publicly opened at the place designated, will then be tabulated and will be considered by the council at 7:00 p.m. on July 25th, 2005, in the council chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and fIled with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Emergency Ordinance No. 1488, being an Interim Ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating duplex/twin home construction Fehst stated that we have more duplex/twin homes that any other inner ring city. This request is for a six month moratorium on duplex/twin homes for research. Hoeft indicated that twin homes are being built on split properties in locations that were traditionally single family neighborhoods. The time frame can be extended or shortened at any time. Nawrocki stated this was not reviewed at the work session, and questioned what happened to the request to look at limiting rental units in the community. Fehst said that duplexes were one of the issues he requested be reviewed, along with the cost of utilities and rental property. Hoeft stated that we can not prevent people from renting their property. This moratorium is to look at the housing stock, as twin homes end up being rental property. We can look at addressing modifications to set-backs, etc. Harold Hoium, 5th Street, suggested rental owners have their potential tenants checked through the Police Department. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1488, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to adopt emergency Interim Ordinance No. 1488, for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating duplex/twin home construction Upon vote: All ayes. Motion carried. EMERGENCY ORDINANCE NO. 1488 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLA..NNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING DUPLEX/TWIN HOME CONSTRUCTION The City of Columbia Heights does ordain: Section 1: On May 29,2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is official known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The City Council determines it is necessary to undertake a land use study to determine the effect that duplexes/twin homes are having on trp.131s in which they are or can be located, including, but not City Council Minutes June 13, 2005 Page 9 limited to the effects on primarily single family residential neighborhoods due to size, character, and design of the structures; and, Section 4: The Columbia Heights City Council [mds it necessary and appropriate to prohibit the construction of duplexes/twin homes while information is gathered and studied so as to obtain an accurate depiction of the effects such structures are having in Columbia Heights; and, Section 5: Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 6: The Columbia Heights City Council hereby imposes a moratorium on the construction of duplexes/twin homes effective immediately and terminating on December 13, 2005 and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council; and, Section 7: Activities affected by this moratorium include any site plan review and/or issuance of permits necessary for construction; and, Section 8: This Ordinance shall be in full force and effect immediately. 2) First reading of Ordinance No. 1487, being an Ordinance Adopting the Minnesota State Fire Code Fehst stated this adopts the State Fire Code. It allows for the collection offees for a variety of items. Nawrocki stated disagreement with adopting an Ordinance without discussing what the associated fees would be. Fehst stated that internal goal #3 of the City is to find ways to cover costs. Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1487, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1487, being an Ordinance adopting the MN State Fire Code fot Monday, June 27, 2005 beginning at approximately 7:00 p.m. in the City Council Chanibers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. ORDINANCE NO. 1487 ADOPTING THE MINNESOTA STATE FIRE CODE BEING AN ORDINANCE AMENDING ORDINANCE No. 853, CITY CODE 1977 ADOPTING THE MINNESOTA STATE FIRE CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE FIRE CODE REGULATING AND GOVERNING THE SAFE-GAURDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF COLUMBIA HEIGHTS; PROVIDE FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE FIRE CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. P.14 City Council Minutes June 13,2005 Page 10 The City of Columbia Heights does ordain: Section 1 Codes adopted bv reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of Fire Marshal, pursuant to Minnesota Statutes Chapter 299F.Oll, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted in this Ordinance. The Minnesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application. Administration. and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 299F.Oll, when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is the Columbia Heights Fire Department. Section 3 Permits and Fees. The issuance of permits and the collection offees shall be as authorized in Minnesota Statutes, 299F.Ol1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 299F.Oll). Section 5. Fire Code Optional Appendices. The Minnesota State Fire Code, established pursuant to Minnesota Statutes 299F.OII allows the Municipality to adopt by reference and enforce certain optional Appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the fIre code for this municipality. 1. Appendices D, E, F, G, H, I. Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect thirty days after its passage. 3) Second reading of Ordinance No. 1485. being an Ordinance amending Ordinance No. 853. City Code 1977. and pertaining to junk vehicles. Motion by Kelzenberg, second by Ericson Diehm, to waive the reading of Ordinance No. 1485, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Harold Hoium questioned the number of junk car complaii1.ts received. Fehst stated that he receives three or four complaints a day. Motion by Kelzenberg, second by Ericson Diehm, to adopt Ordinance No. 1485, being an Ordinance amending Ordinance No. 853, City Code 1977, and pertaining to junk vehicles. Nawrocki stated this ordinance reduces the time limit to get rid of junk cars from seven to three days. The problem is to get follow up under the existing ordinance and will be even harder to do in three days. Upon vote: Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, P.lS City Council Minutes June 13,2005 Page 11 aye; Peterson, aye. Motion carried. ORDINANCE NO. 1485 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE 1977, PERTAINING TO JUNK. VEHICLES: The City of Columbia Heights does ordain: Chapter 7, Article n, Section 5, Subsection 7.205(7) of the Columbia Heights City Code, 7.205 (7) No person shall park, keep, place, store or permit the parking or storage of any stock car, racing car, or junk vehicle on a public street or alley, or any private lands or premises which he owns, occupies or controls for a period oflonger than 96 hours, unless it shall be within a building on such private premises. Said person shall be given a notice of violation by the City to take corrective action. Corrective action shall be defmed as follows: (1) When the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the event corrective action is not taken within ninety-six (96) hours from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45 days after notice to the owner. For purposes of 7.205(7), 7.205(8) and 7.205(9), (a) "Bus" means a vehicle designed for carrying passengers and having a seating capacity of more than nine persons, but not to include any such vehicle which has been altered for use for camping purposes exclusively. (b) "Motor truck", "truck tractor", or "commercial vehicle" means a vehicle having either a capacity of more than one (1) ton or weight of more than 5,000 pounds or both, but not to include vehicles, which are designed exclusively for recreation purposes. (c) "Junk vehicle" means any motor vehicle which is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind. Failure to prominently display a motor vehicle registration license for the current year shall be prima facie evidence that such vehicle is a junk vehicle. 4) Second Reading of Ordinance No. 1486, being an Ordinance amending Ordinance No. 853, City Code 1977 and pertaining to parking on landscaped surfaces. Peterson stated this Ordinance would shorten the time frame to remove vehicles from landscaped surfaces. Motion Ericson Diehm, second Williams, to waive the reading of Ordinance No. 1486, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Ericson Diehm, second by Williams, to adopt Ordinance No. 1486, being an Ordinance amending Ordinance No. 853, City Code 1977 and pertaining to parking on landscaped surfaces. Harold Hoium stated that people can use their property any way they want. Williams stated this ordinance is very fair to our citizens. Upon vote: Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. P.16 City Council Minutes June 13, 2005 Page 12 ORDINANCE NO. 1486 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE 1977, PERTAINING TO PARKING ON LANDSCAPED SURFACES: The City of Columbia Heights does ordain: Chapter SA, Article II, Section 7, Subsection 5A207(1)(b) of the Columbia Heights City Code Section 7: Screening and landscaping (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and ground cover. All exposed ground area surrounding the principal building and accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other omamentallandscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. The owner of the property and/or the owner of said vehicle in violation hereo(shall be given a notice of violation by the City and will be given ninety-six (96) hours to take corrective action. Corrective action shall be defmed as follows: (1) The owner of said property and/or vehicle has taken corrective action when the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the event corrective action ~ not taken within ninety-six (96thours from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45 days after notice to the owner. Bid Considerations -none Other Business 1) Approve the Preliminary Plat known as Huset Park based on the findings that it is consistent with the City's subdivision regulations and comprehensive vlan Perry Thorvig, Consultant Planner for Columbia Heights, gave the history of this project. This part ofthe proposal is an 11 acre parcel of the 28 acre project. There will be 123 units in the Phase I project. Each unit will allow two parking spaces in the driveway and two on the street, with other cluster areas for parking in the plat. The Public Warks and Fire Departments indicate the street width of 22 feet is acceptable for emergency vehicles and for breakdowns. The Planning and Zoning Commission recommends approval. Thorvig recommended that the documents be clear as to the private street infrastructure. The City will own the water mains and sanitary sewers in the street. Ericson Diehm stated that the law fmn she works for has represented Ryland Homes, but she has not been involved in fuJ.Y work done for the finn. Williams stated that the Planning and Zoning Commission did a tremendous job in their review and recommendation of the 25 conditions to be met. Nawrocki stated that we do not know what we are getting; the latest drawing shows the co-ops have been eliminated. Thorvig stated they are to be replaced by carriage homes. Nawrocki questioned with private streets and public utilities, how we would gain access to the utilities. Hansen stated that the City would have public easements in all areas were there are water mains and sewer lines. The Developer will put in the lines and we will do the inspections to be sure they are put in correctly. Nawrocki did not agree with the 22 foot road width. Nawrocki and Fehst disclll;:l;:pd the Sheffield project. Nawrocki indicated P.17 City Council Minutes June 13, 2005 Page 13 that developing industry would be a benefit to the City. Fehst referred to benefits of the project, including the potential number of students helping our School District. Nawrocki requested the record show that the comment was made that we won't need additional policing because of this area. Williams indicated that any referendum or levy fees would also be attached to this property. Ericson Diehm stated that these items have been discussed before and requested discussion return to the preliminary plat. Nawrocki stated that we are compromising on the width ofthe street in a high density area. He referred to Ryland Homes ads for other areas, and in comparison this will be cheap housing. Ericson Diehm stated that the same home built in Columbia Heights if placed in another community would increase in value. Nawrocki respectfully disagreed, and stated concern about their quality of construction. Peterson stated his belief that this will be a beautiful project and an asset to the City. Motion by Kelzenberg, second by Williams, to approve the Preliminary Pla(known as Huset Park based on the fmdings that it is consistent with the City's subdivision regulations and comprehensive plan. Peterson stated his appreciation to Perry Thorvig and the Planning and Zoning Commission for their work on this preliminary plat. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Nawrocki stated there are no amenities for the people who would reside in the project. Peterson stated the development is across :liOln the largest park in our City. Peterson stated that this is high density housing, but that is what our economy is dictating. 2) Approve Final Plat of 4747 Central Avenue based on the findings that it is consistent with the preliminary plat Thorvig stated this is a revision to the Grand Central Lofts of one year ago redefming Outlot B and the outlet area by 49th Avenue for additional right-of-way. Williams asked if the conditions have been met. Thorvig stated that the Developer has no objections to the conditions. Motion by Ericson Diehm, second by Williams, to approve the Final Plat of 4747 Central Avenue based on the findings that it is consistent with the preliminary plat. Nawrocki questioned the change in utilities. Hansen stated the original infiltration pond has been change to a wet pond design. Nawrocki stated that the walking trail has been removed. Thorvig stated that it has been relocated. The preliminary plat map was reviewed. Nawrocki stated that there is more open space in this development. N edegaard stated that this has two parking stalls for every two bedroom unit. The St. Anthony project only has one stall for each two bedroom unit. Nawrocki referred to some fence damage and erosion. Nedegaard stated he is aware of this, but the large amount of rain has delayed P.18 City Council Minutes June 13, 2005 Page 14 any repair. Nawrocki stated the concerns of Cheery Heights residents regarding loss of sight line. Nedegaard explained the benchmark and that it did not change from the original proposal. Williams asked if there are units for sale. Nedegaard indicated there are. Kelzenberg questioned removal of the proposed pool. Nedegaard stated it would be replaced with fountains and a 30 foot patio, fire pit, and barbeque pit area. Kelzenberg stated he has toured the facility and is very impressed. The underground sprinklers are probably more than the amount needed. Peterson stated he also toured the facility with the City Manager and was also very impressed. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye Motion carried. 3) Authorize up to $25,000 in O.T. funds for additional Police Officer in Grid 8 area Nawrocki suggested we use police officers retired from other departments, rather than pay time and one-half to our officers. The cost would be less and we would get more hours. He stated that other parts ofthe community would also want this special service. Funds used should come from the unused salary for the two officers that are just beginning. Williams thanked the Mayor, Police Chief, and City Council for sending a message to those not obeying the law that we will be tough. We should have no excuses and move forward on these issues. We need to fight the drug problems and intimidation. We should encourage out landlords to get a Police reference on potential renters. Nawrocki stated his comments do not mean that he does not support our Police Department. In the past Officers have complained they did not want the overtime (OT). Kelzenberg asked if the OT would be mandatory or optional. Johnson stated that the extra time would be Thursday through Sunday, and if we need to make the time mandatory, we will. Hoium stated that citizens want this coverage for the entire city. We should be pro active. Johnson stated concern as to where the funds would come from. He has proposed the unused salary funds supplement the 2006 Police budget, because if those funds are not available we would have to terminate officers that we have spent time and money training. Nawroclci asked where the $25,000 would come from. Kelzenberg stated it would come from the unreserved fund balance. Motion by Kelzenberg, second by Williams, to authorize up to $25,000 in overtime funds to be used by the Police Department to place an additional Officer in the Grid 8 area for up to 20 hours per week from June to August 2005 and to appropriate $25,000 from the General Fund, unreserved fund balance for this purpose. Motion to amend by Nawrocki, that the $25,000 come from the existing personnel budget. Amendment died for lack of a second. P.19 City Council Minutes June 13,2005 Page 15 Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. 4) Adopt Resolution No. 2005-30, adopting the Property Maintenance Inspection Policy. Gonnan gave the background of the program over the last 17 years. This recommendation would put all relative policies into one package. Policy changes are: Licensing renewal is the first day of the month with notification sent 45 days in advance. Ifnot inspected and renewed by that date, the property license would come to Council for revocation. PriOlity and life saving items would be immediate, outdoor trash would have a 10 day clean up allowance. If not completed, the property would come to Council for revocation. Extensions would only be granted during the original 30 day time frame. Nawrocki asked how this would change the lengthy legal process. Gorman stated the goal, upon residential property non-compliance, would be abatement. On rental properties we use license revocation. Nawrocki stated that the proposed fee structure is not included. Gonnan stated that rental property owners would be notified when this comes before the Council so they may attend. Motion by Williams, second by Ericson Diehm, to waive the reading of Resolution No. 2005-30, there heing ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to adopt Resolution No. 2005-30, adopting the Property Maintenance Inspection Policy. Telmer Caraway, 1231 40th Avenue, indicated he was representing the Landlord's Association. He stated that the landlords feel inspection fees are overly inflated and do not agree with the differential between duplex owners and multi-unit owners. They want the same fee for everyone. Rental business is suffering and will for next 18 months. Troy Bradshaw, landlord, stated that the fees are not fair to single family homes. He takes pride in the three properties he owns and make sure that they fit into the neighborhood. If this is passed, city property must be maintained to the same standard. Ericson Diehm stated that this resolution would still use the current fees. Fehst stated that the original proposal was for $120,000 in revenue from inspections; this has been reduced to $72,000. Ericson Diehm stated appreciation for the landlord's participation and perspective, but they are a special interest group, and this is not just a bargain with the Fire Department. Ericson Dieh.'ll stated that as the policy makers, COUi1.cil makes the decision. Caraway stated that Councilmember Ericson Diehm's tone was condescending. He stated that he did not want this Resolution passed. Landlords want different time frames and tougher revocation laws. Nawrocki stated that the fee schedule would be presented at the next meeting and that landlords should receive a copy of the proposal. Peterson stated the policy recommended tonight is to tighten up the compliance time lines. P.20 City Council Minutes June 13, 2005 Page 16 Gonnan stated that a meeting notice, the two fee proposals, and policy changes were mailed to 500 property owners in mid-May. Only nine people attended the meeting. At the February meeting landlords were asked to appoint a group to work with the City, which they did not do. City staff was not invited to their April meeting. Staff attended the May meeting. The group of nine owners at that meeting presented Proposal Number Three. Caraway continued to protest the fees. Nawrocki called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, ayes. Motion carried. RESOLUTION No. 2005-30 ADOPTING THE PROPERTY MAINTENANCE INSPECTION POLICY WHEREAS, The Columbia Heights Fire Department has the responsibility for the inspection and licensing of rental property under the Residential Maintenance Code; and WHEREAS, The Columbia Heights Fire Department has the responsibility for inspections under numerous city ordinances and the State Fire Code; and WHEREAS, One comprehensive policy has been assembled to conduct our inspections in a unified and efficient manner. THEREFORE, BE IT RESOLVED that the attached proposed Property Maintenance Inspection Policy be adopted for use by the Columbia Heights Fire Department. ADMINISTRATIVE REPORTS Report of the City Manager · Capt. Bill Roddy was recognized in the local newspaper for his award from Mediation Services. We contribute to them yearly and refer to people to this agency on civil matters. s Met with the School Board to discuss the levy this fall. Council gave their support, as this is important to the City. . 3730 Tyler was cleaned up by last Thursday. . 4152 Cleveland - is in court now. Construction additions were made without receiving pennits. · The Fire Department will have a practice burn July 10th at the City owned home on 500 Mill Street. = Revenue from the Library Book Sale generated $2,400 in revenue for the Library. Nawrocki stated that the Attorney's contract was to come up, and he has received information that we are paying more than we should. The trees trimmed on Main Street are atrocious. Peterson stated he would meet with Xcel tomorrow to discuss it. Nawrocki stated that homes over the past four years that have paid for sewer backups because we did not have insurance, should be reimbursed. Report of the City Attorney - none CITIZENS FORUM Hoium reported tall weeds at 666 40th Avenue. He referred to vandalism in the City. He P.21 City Council Minutes June 13, 2005 Page 17 suggested helping rental owners, as the economy is tough right now. COUNCIL CORNER Nawrocki · Questioned if the Ugly House billboard advertising meets our codes. Fehst stated it is on commercial zoned property and is legal. We need an ordinance to not allow this. . Service road on University - 45th to 53rd the grass is not being cut between the roadway and the fence. The Manager is working with the City of Fridley on this. . Regarding the Charter School moving in - are the parking standards being met? · The Minnesota Association of Cable Groups (MA TCA) will meet on Tuesday, June 28. Legislation affecting cable will be discussed. . The Anoka County Officials meeting will be held Wednesday, June 29. . Attended the AMM annual meeting on May 26. . Passed along Mrs. Nawrocki's appreciation for the get well flowers she received. . Appreciates the opportunity to express his views. Williams . Was surprised today when a bank teller thanked him for having a house in her neighborhood cleaned up. . Positive meeting with the School Board. Rumors are vicious and hurt our City. Infonnation from Brian Esby, Middle School Superintendent, states that nine out often parents were satisfied with how the schools are being run. . Appreciate what we did on Tyler. . Attended a wonderful Muslim picnic. They are looking for acceptance by the community. . We need to continue working for the betterment of our community. . Pray for the peace and health of our neighbors Kelzenberg . The School Board meeting was very productive. He chaperoned the 8th grade graduation party and commented on how well behaved the students were. He read the letter from Brian Esby. . The Library "Tell Me More" Children's Theater Group needs five more youth to hold the program. He encouraged kids to sign up at the Library. Fehst stated the positive impact this type of program had on his son. Williams stated that Nancy Kaldor, Superintendent of Schools, brought Brian Esby out of retirement and things are changing for the better. Ericson Diehm . The Library has a full program of Wacky Wednesday's planned. This weelc the program is from the MN Zoo . The Rising to New Heights group will meet tomorrow night at 7:00 p.m. at Crestview. There will be a picnic beginning at 6 p.m. . Missed at the last meeting - Happy Belated Birthday to Councihnember Williams. Peterson . 13 people from the City and the Sister City Committee are traveling to Poland from September 13-23. Each individual is pavin~ their own way. There will be no cost to the City. P.22 City Council Minutes June 13, 2005 Page 18 · Rash of funerals -lost Lions Club member and citizen of Columbia Heights, Tommy Shul and Helen Larson. · Enjoy life, don't take ourselves to seriously, and do a random act of kindness, as we are here by the grace of God. ADJOURNMENT Mayor Peterson adjourned the meeting at 11 :23 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.23 .S- - A -2- COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 7, 2005 The meeting was called to order by Vice-Chair, Patricia Sowada. Those members present were Nancy Hoium, Bruce Kelzenberg, Patricia Sowada, Lynette Thomson, Catherine Vesley, and Becky Loader. Barbara Miller was not in attendance. It was moved, seconded, and passed to approve the minutes of the May 2,2005, Board meeting as mailed. Bill list dated 5/23/05 was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 6/13/05 was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. ILS update was provided. Pictures from "Live-on-line" day were shared with the Board. Several procedures and policies are still being reviewed. Serials and acquisitions are the next modules to be implemented. The fmal Anokat ILS Update issue was reviewed. . 2. Rick Chrustowski, children's author of Polish descent, has donated 3 of his books to be given to the Lominaki Library by Pat Sowada, and the Sister Cities group that is going to Poland in the fall. 3. The Board was reminded that the July meeting date has been changed to Tuesday, July 12, at 7:00 p.m. Nancy Hoium will not be able to attend that meeting. 4. Next Wednesday, June 15, the Foundation Board will meet. The date and time and location for the joint Foundation Board/Library Board retreat has been fmalized. September 10, 10:00 a.m. - 2:00 p.m. at the Anoka County History Center. 5. Parade update was discussed. Sign up sheet has been posted in the workroom for staff to volunteer. Don Vesley will drive the support vehicle, and Nancy Hoium will ride in the back and distribute supplies. Board members will meet at the library at 5:45 p.m. Everyone said that they would participate. Pat will provide the cooler and water. There are 4,000 bookmarks available for distribution. The library bfuuler and signs will be used for the unit. 6. Several thank you letters sent by participants of the Grandparent's Tea programs were shared with the Board. 1 P.24 New Business: 1. The proposed 2006 line item budget was reviewed. Staff has been instructed to prepare a "hold the line" budget. There was much discussion and the Board members expressed their reluctance to support this type of budget. 2. The newly appointed Anoka County Library Director, Marlene Moulton-Janssen, will take over July 11. She will be touring the library buildings and meeting staff on Monday, June 13. In the near future, discussions will take place concerning the costs ofthe new system and negotiating a contract to address those expenses. 3. Beck-y has been contacted that the Library has been named as a partial beneficiary of an annuity. There being no further business the meeting was adjourned at 8: 15 p.rn. Respectfully submitted, ;---....\ . hr1 f / r. ". ....t~ 1/ I. c:::z9~;f' Jeanine M. Schmidt Secretary to the Library Board of Trustees. 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. 2 P.25 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 27, 2005 AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: Establish Work Session Ivfeeting Date for July 5, 2005 BY: Walter R. Fehst DATE: June 22, 2005 CITY MANAGER'S APPROVAL B-- / . I.... f/.I Y: ul/J . ~Wf DATE: NO: It is suggested to schedule a City Council Work Session for Tuesday, July 5, 2005 beginning at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Tuesday, July 5, 2005 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: P.26 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 27,2005 AGENDA SECTION: Consent NO: 5-A-4 ORlGINATING DEPARTMENT: CITY MANAGER'S ITEM: Establish V/ork Session :Meeting for Monday, August 29,2005 BY: Walter R. Fehst DATE: June 22, 2005 CITY MANAGER'S APPROVAL lid BY: (/{ {:t.' DATE: NO: It is suggested to schedule a joint City Council and School Board Work Session meeting for Monday, August 29,2005 beginning at 7:00 p.m. in the District Community Room. RECOMMENDED MOTION: MOTION: Move to schedule ajoint City Council and School Board Work Session meeting for Monday, August 29,2005 beginning at 7:00 p.m. in the District Community Room. COUNCIL ACTION: P.27 CITY COUNCIL LETTER Meeting of June 21, 2005 AGENDA SECTION: Consent NO. 5-: A - ~ ITEM: Authorize purchase of sixty 800 :MHz portable radios NO. from State Homeland Security Grant, Fund 272-42130 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: June 14,2005 BACKGROUND On September 13,2004, the City Council accepted a Homeland Security Grant in the amount of$186,000 wit4 no local match. We have used $36,000 of this grant to purchase the City Watch reverse calling system that is in place, up, and running. The remainder ofthe money is to be used for purchasing sixty 800 MHz portable radios. These radios will be used to establish interoperability between CERT teams in Columbia Heights, St. Anthony, New Brighton, and Fridley. Fifteen radios will be given to the police departments in each of these cities. Should we have a man made or natural disaster, the teams would be able to assist one another during the event in a coordinated fashion. We have researched prices on these radios and have found the attached State contract price on Motorola radios. The total bill for 60 radios, chargers, 3-year warranty, and 55 remote microphones comes to $149,960.80. If purchased before August 1,2005, these radios would be tax exempt. ANALYSIS/CONCLUSION The use of well-trained and well-equipped civilian volunteers has become a necessity in these times of tight budgets. The ability to be able to communicate with these volunteers is critical during man made and natural disasters. The purchase of the sixty 800 MHz radios will allow all four ofthe communities involved to have excellent communications between police, fire, and civilian personnel during these disasters. RECOMMENDED MOTION: Move to authorize the City Manager and the Police Chief to enter into a contract for the purchase of60 MotorolaXTS 2500 portable radios in the amourit of$149,960 (tax exempt) from the State of Minnesota contract, with funding to come from Homeland Security Grant #20009757 and City fund 272.42130. . TMJ:m1d 05-118 COUNCIL ACTION: P.2S @ MOnJROLA INC. ANCOM COMMUNICA TlONS, INC. Prepared 1 Dean Daninger Otv. Model 60 60 H46UCF9PW6_N 0574 ;d N ~ Display Radio 60 60 0393 H885 Phone: 763.755.3377 Fax: 763.755.4111 Description Columbia Heights Police Department Motorola XTS 2500 Modelll/160-channel/800MHz Software 9600 Baud (MN Metro Pkg.) (includes options; 0806 - CAI operation, 0361 - Astro 25 lso'ftware, H38 - Smartzone, 0173 - Omnilinlc & H14 - PTT ID display) 1750mAH NiMH Filii Battery (NTN9857) 2-Year E.S.P. (3-year total warranty) LINE ITEM TOT JILL Special Instructions And/Or Billing: (For the purchase order.) Purchase order is made out to: Motorola Communications Enterprise 13108 Collections Drive ChicillgO, IL 60693 .Please include on the purchase order: (See attached word document for help.) List Price $ 1,550.00 $ 1 ,67~.00 $ 82.00 $ 65.00 Payment per State contract. B&O, 17814 State Bid Contract Number: 433614 Tax exempt per M.S. 297 A Subd. D.8. Fax copy of Purchase order to: 763.755.4111 Attn: D<<~an Date: Mar. 30, 2005 Quote #: B&Q #17814 Contract # 433614 APC Discount Contract Price 32% $ 1,054.00 32% $ 1,139.00 32% 0% $ . 55.76 $ $ 65.00 $ Total Price $ . 63,240.00 $ 68,340.00 3,345.60 3,900.00 $ 2.313.76 $ 138.825.60 ;d VJ o ANCOM COMMUNICA nONS, INC. Prepared By: Dean Dai1linger Qtv. Model 12 8 55 NTN1873 WPLN4108AR NMN6193 Phone: 763.755.3377 Columbia Heights PO DescripUon Fax: 763.755.4111 Date: Mar. 30, 2005 Desktop Rapid SMART Charger (Tri-Chem){lmpress)Subs to WPLN4111 6-Unit Rapid SMART Charger (Tri-Chem)(lmpress) Remote Speaker Microphone Shipping LINE ITEM TOTAL Special Instructions And/Olr Billing: (For the purchase order.) Purchase order is made out to: (Ancom does not require purchase order.) Please include on purchas.e order: Ancom Communications, Inc. 1800 East Cliff Road Burnsville, MN 55337 Tax exempt per M.S. 297 A Subd. 0.8. Fax copy of Purchase ordel' to: 763.755.4111 AUn: Dean $ 140.25 $ 1,683.00 $ 669.80 $ 5,358.40 $ 74.16 $ 4,078.80 $ 15.00 $ 11.135.20 CITY COUNCIL LETTER Meeting of: June 27,2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: [-A - to ITEM: FIRST READING OF ORD #1489 BY: Gary Gorman BY:/~~ AMENDING ORD #853, CITY tcf p- J "'./~iiv, CODE 1977, PERTAINING TO AIR DATE: June 16, 2005 DATE: NO: QUALITY STANDARDS. ,t' r All open fIres in Columbia Heights are prohibited unless it meets the criteria of a permitted fIre by this Ordinance. The Ordinance has been updated to allow fees to be charged for fIre permits. Currently, only the festival bonfIre permit has language that would allow us to charge a permit fee. Recreational fIre permits are the most common permits requested. In 2003, recreational fIre annual permits were initiated to eliminate the need for a new permit every time a resident wanted a fIre. In 2003,221 annual permits were given out. In 2004 the number rose to 270 permits. Through June 13,2005, 184 permits have been given out. Annual permits are valid through December 31 of the year issued. Due to the large number of permits requested and staff time to issue them, it is our intent to charge a fee for annual recreational permits, along with bonfIre permits and open burn permits. It is not our intent to charge a fee for the one- day only recreational fIre permit. Permit fees will not start until January 1, 2006 and will be set by a separate Resolution. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1489, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish the second reading of Ordinance #1489 pertaining to Air Quality Standards for Monday, July 11, beginning at approximately 7:00 p.m. in the City Council Chambers. CITY COUNCIL ACTION: P.31 ORDINANCE NO. 1489 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Heights does ordain: Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which currently reads as follows, to-wit: 8.402(1) Open Fire Burning. No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox, which is designed to control and contain a fire, if the products or combustion create a visual, or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fIres"~iii~~~~~~i'~~?i~g~9 provided the resident first provides notice to the Fire Department of its intent to have a"recreation fire and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fIre set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance of five (5) feet from the base of the fire, there is a readily available and operable fIre extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these "permission" requirements shall constitute a misdemeanor under the City code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and e ui ment a rovin the location of the bon fIre and the resence of adult su ervisors. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Depmiment Training. The Fire Department is authorized to conduct live fire training exercises, which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect .m@lll;'?r~ after ~rJ;qrflf!t~:f?lJits passage IS HEREWITH AMENDED TO READ AS FOLLOWS 8.402(1) Open Fire Burning. No person shall burn materials in an "open fIre", that is, a fire burning outside the confines of a structure or container, or in a fIrebox, which is designed to control and contain a fire, if the products or combustion create a visual, or odor nuisancfp: 3 2be air space of other property user~. Ex~ept as provided in this ordinance and Minnesota Stattm;;~, no burning shall be conducted which VIOlates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fires" provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in dia..llleter, the surrounding ground is clear of readily combustible materials for a distance offive (5) feet from the base of the fire, there is a readily available and operable fire extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these" ermission" re uirements shall constitute a misdemeanor under the Ci code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training. The Fire Department is authorized to conduct live fire training exercises, which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Cail: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 3 3 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Work Session Meeting of: June 21, 2005 AGENDA SECTION: NO: 5-A-l ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROVAL ITEM: First Reading - Ordinance No. 1490 Recodifying the Columbia Heights City Code NO: BY: Linda Magee DATE: June 15,2005 The City Code was last codified in 1977. Several years ago, the City Council authorized entering into a contract with the League of Minnesota Cities and American Legal Publishing for the recodification and publication of the City Code. At that time, over 500 ordinances had been adopted by the City Council, which were to be incorporated into the code. That had not occurred on a consistent basis. That, along with the fact that the code needed to be reviewed and potentially revised to mal<:e it more clear cut and concise, incorporate modem and paper phraseology, and eliminate conflicts, ambiguities and repetitive provisions, resulted in the need for recodification of the City Code. Accordingly, the recodification does not represent any substantive changes. The 1977 City Code, and all ordinances passed since that time were submitted to American Legal Publishing for recodification. The draft recodified code was reviewed by League of Minnesota Cities staff, codification staff of American Legal Publishing, and the City Attorney. Additionally, the code was extensively reviewed by City staff, to ensiIie accuracy. Corrections, along with ordinances adopted since the draft recodified code was received, were submitted to American Legal Publishing. The final recodified City Code was received and distributed to the Mayor and City Council at the work session of March 15,2004. The recodified code includes ordinances adopted. through May 27,2003. Adoption of the ordinance recodifYing the City Code would incorporate all ordinances adopted through the effective date of Ordinance No. 1490. Recommended Motion: Move to waive the reading of Ordinance No. 1490, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance No. 1490 for Monday, July 11, 2005, at approximately 7:00 p.m., in the City CotUlcil Chambers. COUNCIL ACTION: P.34 ORDINANCE NO. 1490 BEING AND ORDINANCE RECODIFYING THE COLUMBIA HEIGHTS CITY CODE THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: WHEREAS; this ordinance shall be known, cited and referred to as the Columbia Heights City Code, and; WHEREAS; the Columbia Heights City Code, adopted on the date indicated herein, shall be available for viewing at City Hall, the Public Library, and on the City of Columbia Heights web site, and; WHEREAS; the Columbia Heights City Code contains all ordinances of the City of Columbia Heights, to the effective date hereof, whether or not those ordinances have been previously published, and; NOW, THEREFORE; this Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: l\1:ayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary . P.35 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 27,2005 AGENDA SECTION: .!>---A-~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ~~ L ITEM: First Reading of Ordinance No. 1491, BY: . Randy Schumacher ~;l BYi~/r being an Ordinance authorizing the DATE: June 22, 2005 ' Sale of Celiain Land within the City. BACKGROUND: The City acquired title to all of Parcel G (Smith/Steel Tech) on June 1, 2005, pursuant to the successful condemnation proceeding. The developer has reimbursed all costs associated with this acquisition. The resolutions ofthe City and EDA approving condemnation, contemplate that the City will then convey title to the EDA. The contract for Private Development contemplates that the EDA will convey title ofthis property to the redeveloper. According to Section 110 of the City Charter, before the City may convey the property to the EDA, the City must adopt and publish an Ordinance. Ordinance No. 1491 allows the City to sell the subject property to the Columbia Heights Economic Development Authority for resale by the EDA in accordance with the terms and conditions of a contract between the EDA and Huset Park Development Corporation. RECOMMENDATION: Staff recommends setting Monday, July 11, 2005 at approximately 7:00 p.m. in City Council Chambers for the Second Reading of Ordinance No. 1491. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1491, there being ample copies available to the public. Move to set the second reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Certain Land in the City for Monday, July 11, 2005 begimling at approximately 7:00 p.m. in the City Council Chambers. Attachments COUNCIL ACTION: h: \Consent 2005\CL Ord.1491 450 3Stn 1st Read~ng P.36 CITY OF COLUMBIA HEIGHTS ORDINANCE NO. 1491 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN AS FOLLOWS: 1. BACKGROUND The City is the owner of certain real property in the City of Columbia Heights as legally described on Exhibit A attached hereto (the "Subject Property"). Said real estate is located at 450 - 38th Avenue N.E., Columbia Heights, Minnesota. The City Council has determined that it is in the best interest of the City to sell the Subject Property to the Columbia Heights Economic Development Authority ("EDA") for resale by the EDA in accordance with the terms and conditions of a Contract for Private Redevelopment between the EDA and Huset Park Development Corporation, a copy of which is on file with the City Clerk (hereinafter the "Contract for Private Redevelopment"). The Subj ect Property was acquired by the City in eminent domain proceedings for construction of Huset Parkway and for redevelopment by Huset Park Development Corporation. The legal desCliption, which is attached, assumes the retention by the City of the portion of the condemned property, which is necessary for construction of Huset Parkway. II. SALE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute the deeds and related documents and take all steps necessary to effect the terms thereof including the conveyance of the Subject Property to the EDA in order to facilitate transfer of the property by the EDA to Huset Park Development Corporation upon satisfaction by Huset Park Development Corporation of all terms of the Contract for Private Redevelopment. III. EFFECTrVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. , Adopted this _ day of , 2005. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk RJL-263598vl CL205-25 A-I P.37 EXHIBIT A PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.E.) Property Address: 450 - 38th Avenue NE, Columbia Heights, Mllmesota 55421. Legal Description of Property to be Acquired: Lot 3, 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 EXCEPT: That part of Lot 3, Auditors Subdivision Number 50, Anoka County, Minnesota which lies southeasterly of the following described line; Said line commences at the northwest comer of said Lot 3: thence south 89 degrees 55 minutes 31 seconds east, on an assumed bearing, along the north line of said Lot 3 a distance of 143.15 feet to the point of beginning of said line; thence southwesterly on a non-tangential curve a distance of 83.69 feet, said curve has a radius of 815.00 feet, a central angle of 05 degrees 53 minutes 02 seconds, a chord length of 83.66 feet and a chord bearing of south 38 degrees 02 minutes 41 seconds west to the south line of said Lot 3, and there terminating. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Mllmesota. RJL-263598vl CLZ05-25 A-2 P.38 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 27,2005 AGENDA SECTION: A ORIGINATING DEPARTMENT: CITY MANAGER'S NO: I; - . ~ - 9 Community Development APPROVAL / ITEM: Adopt Resolution 2005-37, BY: Randy Schumacher BY: t4/!!/t..:I-. Authorizing and Directing the Condemnation DATE: June 22, 2005 ~ t-v"t t/.4""", , of Certain Property for Road Purposes ~ BACKGROUrm: In September of2003, the Colllillbia Heights Economic Development Authority entered into a redevelopment contract with New Heights Development LLC (Bruce Nedegaard) for the construction of owner-occupied housing and commercial development at the Kmart Central Avenue site. The redevelopment proj ect is well under way and meeting all construction guidelines that were originally set up in the agreement. Over the past several months, Mr. Nedegaard has attempted to acquire a 60 foot roadway easement in order to provide access to his development from 49th Avenue (See attached property sketch). This egress and ingress point was a requirement under the final plat what was approved by the City. The current property owner, Mr. Walter Scott (Legacy Commercial), site of the Savers building, has been unresponsive of Mr. Nedegaard's request for right-of-way acquisition. Last month the Columbia Heights Economic Development Authority approved an amendment to the development agreement that enables the City to move forward with the process to obtain this needed right-of-way. The developer would be solely responsible for all costs associated with this acquisition. In order to keep this redevelopment project on track, staffis recommending that the City Council adopt resolution 2005-37 authorizing condemnation for road purposes. RECOMMENDATION: Staff recommends Adoption of Resolution 2005-37, authOlizing and directing the Condemnation of certain property for road purposes in connection with the Grand Central Lofts development site. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-37, there being an ample amount of copies available to the public. Move to Adopt Resolution 2005-37, a Resolution Authorizing and Directing the Condemnation of Certain Property for Road Purposes. Attachments COUNCIL ACTION: h:\Consent200S\CL Res.200S-37 Condemnation for Road, Grand Central Lofts Dev. P.39 CITY COUNCIL CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2005-37 RESOLUTION AUTHORIZING AND DIRECTING THE CONDElVINATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of :Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council finds that it is 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 easements encumbering the Subject Property as described in Exhibit A for street purposes; and WHEREAS, the City Council finds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering tlle Subj ect 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 a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if counsel for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The law firm of Ke1111edy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to :Minn. Stat. S 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subj ect Property pursuant to :Minn. Stat. S 117.036 and for the purpose of deposit with the District Court Administr-ator as the City's approved appraisal of value pursuant to Mllm. Stat. S 117.042. RJL-261741vl CL162-29 PAO OFFERED BY: SECOND BY: UPON VOTE: Adopted by the City COllllcil of the City of Columbia Heights, Minnesota this _ day of June, 2005. Gary L. Peterson, Mayor ATTEST: Patricia Muscovitz, Deputy City Clerk RJL-26I74I vI CLl62-29 PAl EXHIBIT A Legal Description of Easements To Be Acquired by Eminent Domain Proceedings (collectively, "Sub;ect Property") The street address ofthe affected real estate is 4849 Central Avenue N.E., Columbia Heights, J\.tIN 55421. The property identification number ofthe affected real estate is: 25-30-24-32-0003 The legal description of the affected real estate is as follows: That part of Section 25, Township 30, Range 24, described as follows: Beginning at the Northwest comer of the Southwest Quarter of said Section 25; thence South along the West line thereof 383.0 feet; thence East at right angles 550.0 feet; thence North at right angles 254 feet more or less to the centerline of 49th Avenue NE; thence Northwesterly along the said centerline to the point of beginning, according to the United States Government Survey thereof and situate in Anoka County, Minnesota. 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. The description of the permanent easement encumbering said real estate for street purposes which is to be acquired by use of eminent domain proceedings is described as follows: That part of the NWl/4 of the SWl/4 of Section 25, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northwest comer of said NWl/4 of the SWII4; thence on an assumed bearing of S 00024'48" W, along the West line of said NWl/4 of the SWl/4, a distance of383.00 feet; thence S 89035'12" E, a distance of550.00 feet to the point of beginning of the land to be described; thence N 89035'12" W, a distance of 59.18 feet; thence N 21058'09" E, a distance of25.42 feet; thence S 88013'46" E, a distance of 12.39 feet; thence N 00013'48" E, a distance of 127.15 feet; thence N 22055'14" VI, a distance of 110.52 feet to the southerly right of "vay line of 491:h Avenue; thence S 66047'16" E, along said southerly right of way line, a distance of 24.84 feet; thence southeasterly, along said southerly right of way line, along a tangential curve, concave to the northeast, having a radius of 749.77 feet, a central angle of 4047'26", a distance of 62.69 feet to its intersection with a line that bears N 00024'48" E from the point of beginning; thence S 00024'48" W, a distance of 220.50 feet to the point of beginning. The description of the temporary easement encumbering said real estate, which is to be acquired by use of eminent domain proceedings is: RJL-26I74I vI CLl62-29 P.42 Together with an easement for temporary constmction purposes described as follows: Commencing at the Northwest comer of said NWl/4 of the SWl/4; thence on an assumed bearing of S 00024'48" W, along the West line of said NWl/4 of the SWl/4, a distance of383.00 feet; thence S 89035'12" E, a distance of 466.64 feet to the point of beginning of the easement to be desctibed; thence S 89035' 12" E, a distance of 24.18 feet; thence N 21058'09" E, a distance of 25.42 feet; thence S 88013'46" E, a distance of 12.39 feet; thence N 00013'48" E, a distance of 127.15 feet; thence N 22055'14" W, a distance of 110.52 feet to the southerly right of way line of 49th Avenue; thence N 66047'16" W, along said southerly tight of way line, a distance of 116.26 feet; thence northwesterly along said southerly tight of way line, along a tangential curve, concave to the southwest, having a radius of 671.50 feet, a central angle of 6044'40", a distance of79.04 feet; thence S 16028'04" W, a distance of 10.00 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 661.50 feet, a central angle of 6044'40", a chord bearing of S 70009'36" E, a chord distance of 77.82 feet, an arc distance of 77.87 feet; thence S 66047'16" E, a distance of 90.59 feet; thence S 22055'14" E, a distance of 103.93 feet; thence S 00024'48" W, a distance of 75.63 feet; thence southerly along a tangential curve, concave to the west, having a radius of 225.00 feet, a central angle of 21016'36", and a distance of 83.55 feet to the point of beginning. Said temporary easement shall commence upon written notice by the City of Columbia Heights of its intention to enter said temporary easement tract or upon the City, its agents or employees entering the temporary easement tract to begin work, whichever shall first occur, and said temporary easement shall terminate 120 days thereafter. RlL-261741vl CLl62-29 P.43 ;t1 *' *' f - . ------'r:: f!:1T1/ llNs: 00- . ........., - . """,I;.!..!:t.."'~ _ . ; ''', ~''''''--. ' "~~ ~ ~~,~ ,: '~"""""~~' A '- ~, : , '-"'-"', ~, 79"f, , ... ' f : ~ , "':'7 4 VJ- "'<>" .' : , '- ,"lvu" ' "- ~~, ,-" "- . , , '. o , _. .., <" .. '. , .._~ ,.,~~ Ml ' ... ., : .' . .. , Co'" ,. .... ~. -$ . ~ -, ':/ ~ .~ C_._ . lit _'___ 1 !.J _ , _ "'^90 . ~'~, --... ""'-.. . --... 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L..l \ J 1/7-- / /, c_ ') l i I <-. -' .,.~ 1:5 I ------C .. i """"""~ -- -'- '../I.'IL.V, (~ , 'I' :;h'" 1.1t'\ /\''''A '''re- r-tJ,v "",,C.IYld~L. f.C,r.:-rs ~ BOhlen Sorv:' . eYlOg & Engineerino 31482 Ft\'lag.J\~ 1 NOIlt,IloId. AIN 65057 ~. Phor,.F. ' (607) ~5-n6IJ B [ <<0, (1507) fJ4lJ..n9Si ..';$ 123111 611.., IV Sun. 2Do ' p a.vag.. AlN 5IJJr/J hon.: (1162) 4411212 F<<o: (9112) 895-g2Sg CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER 5-A-IO PUBLIC WORKS By~&I- ~ ITEM: LMCIT SANITARY SEWER NO FAULT BY: K. Hansen .; INSUR.A..NCE COVEllAGE DATE: 6/22/05 DATE: Background: The City of Columbia Heights sanitary sewer system has periodically experienced surcharging at various locations throughout the City and at various times in the last 30-40 years. A consequence of this is flooding or backups into private property through the sanitary sewer services. The area with the most severe history of backups was in the Jackson Pond area. In 2003 and 2004, the City explored a short and long term plan to mitigate and reduce backups into private property. The following is a summary of the activities and status of each: 1. Backwater Valves: Backwater valves have been placed in 22 homes on their private service line. 2. Mainline Level Alarm Device: Afloat style controlled device that activates an alarm when the sanitary flow level in a manhole rises above a pre-determined elevation was installed adjacent to Jackson Pond in 2003. This device was installed with an audible and visual alarm device, and operates on a solar power with battery backup. It is also now connected to our SCADA System for direct notification to Public Works. 3. Continue Inflow Reduction Measures: Staff continues to make system improvements through annual maintenance activities, public improvement projects and review of private development projects. This includes replacing manhole lids/casting, installing boots on manholes in street low points, manhole repairs or replacements, and lining of sewer pipe. 4. Expand Sewer Lining Program: Beginning in 2004, our annual sanitary sewer lining program was expandedfrom $50,000 to $100,000 annually. We have focused on trunk sewer lines and larger diameter line segments. 5. Develop an Illicit Discharge Elimination Program: A Sump Pump Disconnect Ordinance and Program was developed in 2004. Inspection of all properties upstream of the Jackson pond area have been completed. Inspection of areas in the Chatham Road lift station area have also been completed. Approximately 1,000 homes have been inspected and this will continue on an annual basis. 6. Develop/Increase Sanitary Sewer Cleaning Program: Our sanitary sewer cleaning program has been modified based upon recommendation of the LMCIT. We now clean the entire City on 3-year repeating cycles, I-year repeating cycles on our trouble lines, and have developed a electronic record keeping system. As summarized above, extensive and aggressive work has been conducted over the last 2-3 years related to sanitary sewer maintenance, programs and improvements. Analysis/Co nclusio ns: Another item discussed in 2004 by the City was insurance coverage. The City of Columbia Heights insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT) offers member cities "no-fault" sewer back-up coverage as an additional rider. This new optional coverage will reimburse a property owner for up to $10,000 of clean-up costs and damages caused by a sewer back- up. We applied for this insurance in 2003 and 2004 and were denied due to program deficiencies. Based upon the activities and scope of work over the preceding 2-3 years described above, the LMCIT has now advised the City that it has been approved for No-Fault sewer back-up coverage. (reference attached memo from Pat Meger). To obtain the coverage, the City of Columbia Heights must pass a resolution to establish the 'No-Fault Insurance for Sanitary Sewer Coverage.' The LMC has established a model resolution, which is attached herein. The cost to the City for this coverage is 8.5% of the annual liability premium, or based upon our last premium would cost an additional $7,926. COUNCIL ACTION: P.4S CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: LMCIT SANITARY SEWER NO FAULT BY: K. Hansen BY: INSURANCE COVERAGE DATE: 6/22/05 DATE: Continued - page 2 A complete description from the LMCIT is attached describing the coverage, limitations and what the insurance will do. The insurance coverage would reimburse property owners for back-up damages provided that the following conditions are met: o The back-up must have resulted from a condition in the City's sewer system or lines. A back-up caused by a clog or other problem in the property owner's own line would not be covered. o It's not one of the situations that's specifically excluded in the coverage. o The coverage limit has not been exceeded. The coverage would not apply in 'catastrophic' situations such as: o Any weather related or other event for which FEMA assistance is available; o Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours; and o Rainfall or precipitation that exceeds the amount determined by the N ational Weather Service to constitute a 100-year storm event. To date in 2005, I am not aware of any claims filed against the City of Columbia Heights for sewer back-ups. Recommended Motion: Move to approve and adopt Resolution No. 2005-32, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-32 being a resolution establishing Limited Sewer Back-up, Clean-up and Property Damage Protection for Municipal Sewer Customers. Attached: 5/18/05 email and memo Resolution LMC Brochure on "No-Fault" Sewer Back-up Coverage COUNCIL ACTION: P.46 RES 0 L UTI 0 N NO. 2005 - 32 BEING A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN-UP AND PROPERTY DAMAGEPROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the City affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; and WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reimburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, as follows: As part of providing sanitary sewer service to the customers ofthe City, and in consideration of the payment of sewer bills, the City agrees to purchase insurance from the LMCIT for Limited Sewer Back-up, Clean-up, and Property Damage Protection for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: 1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. 2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance (FEMA) is available. 3. The back -up must not have been caused by an interruption in electric power to the City's sewer system or to any city lift station which continues for more than 72 hours. 4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100- year storm, or greater, as determined by the National Weather Service. 5. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowner's P.47 6. or other property insurance, or which would be eligible to be reimbursed under aN ational Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. 7. The maximum amount that the LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. Adopted by the Council this 27th day of June 2005. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk P.4S :~~y!iE~I)~~D.~~I!~mIf.I~rr~,~?[q~:I3.~Xi"~~~L~=':~~.~,~.~~:'"~:::~:'::::=:::::::,~:~~~.:':."::~:':.::~:~:'::'::'.,,.:~.::':=:::::::::=~~:'.:::.:::=':m""'.'.::',:::'::::::~=,:=::::':=:::::::::::.:.::::~::.'.:'::':':::,:':l'.~9~~I~ From: To: heights.mn.us> Date: Subject: <Pat_Meger@ajg.com> <bill. elrite@cLcolumbia-heights.mn.us>, <sue.schm idtbauer@cLcolumbia- 5/18/2005 11 :47:45 AM LMCIT June 2006 Renewal Bill and Sue: This is in confirmation of my conversation with Sue. We spoke with the underwriter at the LMCIT and they will be unable to have the renewal quote before 5/23/05. They are in the process of their fiscal year end and their concentration is in booking the renewals with an effective date of 5/31/05 or earlier. We will be issuing the renewal binder and also providing the renewal vehicle identification cards. These should be in today's mail. The LMCIT has advised that the City of Columbia Heights has been approved for No-Fault Sewer Back-Up Coverage. Attached is a copy of the notification received from the LMCIT, as well as a copy of the Model Resolution that the LMCIT needs completed, dated, signed and returned in order to have the policy endorsed for coverage. The premium is 8.5% of the Annual Municipal Liability premium. Based on the expiring premium of $93,250, the premium for this coverage would have been $7,926. Should you have any questions, or need additional information, please let us know. Thank you. (See attached file: Sewer Back UP Approval.pdf) Pat Meger Account Manager A J Gallagher of MN, Inc. 7825 Washington Ave So., #300 Minneapolis MN 55439-2433 (952)918-3980-Direct Line (952)944-9795-Fax P.49 l'I(~\'-1?-2Ell~5 it.!;"'12 L. EI~GUE DF 1"11'~ C IT r F.S 651?81129a P.01 --.ll..r" LMC league of Minnesota Cities Insurooce Trust 145 llnivf:rsitj AvenlJ'~ We!.:t, st. P:ml, MN 55103-2044 (651) 281.1200 . (BOO) 925..1122 Fax: (GB:!) ?8:1.-12SJ8 . mo: (n!';:!.) ?8:1..:I.::>flO V/wwJmnc org ...------.....----.-. ........--......,---...............--......---- ---~.-.".~'-" ....-.----,.-_._-_..~.._. ~.- . -..-.---... ... -.------..------.... LMC IT NO-FAULT SEWER BACK-UP COVERAGE QUOTATION COVERAGE IS NOT BOUND UNTIL YOU RECEIVE CONFIRMAT!ON IN WRITING FROM LMCIT. Date: May 17, 2005 To: A. J. Gallagher Attn: Pat Meger Fax: Pages: 952-944-9795 8 From: Pat Mingee CPCU, CIC LMCIT UndeIWriting 651 ~215~4081J800-925M1122 ext 4081 Re: City of Columbia Heights Coverage: Refer to the t;lttached LMCIT Optional "No-fault" Sewer Back-up Coverage Bulfetin. limit: $10,000 Per Building Per Year For purposes of the limit, a structure or group of structures that is served by a single connection to the city's sewer systEtm will be considered a single building. premium: 8.5% of the Annual Municipal Liability Premium (Premium will be prorated to the expiration of the city's covenant). Retroactive Date: The date that the city council passes the resolution Remarks: Quotation is Valid for 90 Days 1. To bind coverage, the city council must formally pass a resolution and send a signed copy to LMCIT. 2. A Model Resolution is attached. I\N I1QUAl OPPORTlJNITY/AFf.1I1f.lJlTI~'F. r.t:l'IOIl L:MPLOYER P.so "'1(~Y'-1.7-'I?i?I\j;.; .1-<1: 42 I..Fnr:'lI.Jr=: OF "ll.J (jTlE~, 6512811;::98 P.O.;. .......~ LMC [(m{lllil ,f MiHUi1Jmta C;l;(]~ Cifi(lp promotil1g fJ::cQ!lauc'...,J ~~~~~~:~::t In;onnatioll J 1-45 University Avenue West, &'t. Paul, l\<1N 551.03"'2044 Phone: (651) zl;h-1200 0 (800) 925-11.22 Fax: (65:!.) 2:81.-1:298 · 'I'D)) (651) 281-1290 www.lmc:it.ll1.lnc,org OPTIONAL "NO-:FAULT" S'EWER HACK-UP COVERAGE LMClT offers property/casualty member cities "no-fault" scwc.r hacle-up coverage. ]111:3 new optional coverage will reimbm:8e a property owner for up to $10,000 of dean-up costs and damages caused by a sewer bac.k.up, hl'CSPCCt1vc. of whether the city was negligent or legally liab.le for those daTIliIges. This new coverage optiOJl is intended to do several things: To reduce health h(Jz;lrd~~ by encouraging pn'lperty (lWnerS to get back-llp~ c.leancd up a::; quickly as possible. To reduce the frequency and severity of seWer back-up lawsuits. I.e., propexty o.vncrS may be less inclined to stle jfthcy receive conciliatory lTeilt.ment at the time of the baek-up. . To give cities a way to address the sticky political pH)hJcms that can arise when a property owner kams t11at the city and LMCIT won't rcill'.lburse him for his Sl~wer back.. up d~IlTI;)ges becan'se the city wasn't 11cgligcnt and is therefor not legally liable. Many cities and their citizens may find tills new coverage option to be a helpful tool. However, it's also impo.ltant to realize that it's not a complete solution to sewer baek-up prohlems, and that not every possible back-'up will be covered What sewer back-ups would be coven~d b)r the new covenl~c? 'The Tlo-fault coverage would reimburse the property owner for sewer back,up damages, regardless ofwhetller the city wm~ legally liable, ifthc following con.ditions are met: . The back..up must. have resulted fr<.lm a cond.ition in the city's sewer sYbi:em Or lines, A back- up caused by a clog or other prQhlern in the property owner's OVV'Il line would not be l:.ovcrt.-cl. . It's not one oftht: situations tllat's specifically exdlllled in the coverage. The coverage limit has not been exceeded. ''7 -' P.51 r'1FI'i'..1.7...2EJi715 14: 4:'::; LF.riGUE OF 1'11./ C IT rES 6~512:311 :298 Which situations are excJuded? The no-fault coverage will not apply ,in ~(~vcral "catastrophic" type situiltions Specific:llly, tJ1CSC are: · Any weather-n:latcd 01 other event for which FEMA 35si::;tance is available; .. Any intelTUption in the e.1cctric power supp,ly to the (;ity'!; sewer system or to any city sewer lift St'1t10il Wl1ich contmlles for mor~ Own I), 11Our5; or .. Rainfall or plccipitatio11 that exceed::; tllC amount determined by the NatiQTI<ll Weather Service to constitnte a 1 OO-year storm event What costs would be cov(1J'cd'? The no-fault sewer back-up coverage would reimburse the properly owner fOr the cost of cleaning np tile bilCk-up, and for any damage to the property, up to the coverage limit. For PU1))OSeS of the ciry's (kthl(;tihles, claims under the llo-f:mlt coverage are treated as liability claims, so the same pc;r-OCCUlTence ,md/or annual deductibles will apply. However, !1lere <iJ:e certain costs that would not be reimbursed under the uO-fitll1t e[)verage: · Any costs which have been or arc eligible to bt.: covered under the property owner's own J)OmeOWller's or other property ins'urancc; and Any costs that would be eligible to be reim'bursed under an NF fr flood imiW'imel} 'policy, whether or Ilnl. the property owner actually has NFIP cov<::rage. What is the coveJ"age limit? The limit is $ J O,QOO pl~r building per year. For pl1rpOSCS of the limit, a structure or group of stnlcturcs t11at is served by a single connectiol1 to the city's sewer system will be cOI1Ridercd a single building, Only true Hno-fault" claims m'c counted toward the $] 0,000 limil. Cla:ims for damages caused by city negligence, for \vhich the city would be: legally liable in any ca~e, are not charged against that limit. What does it cost? The premium charge for the optional m~-f-ault Mwcr back-up coverage will he 8.5% of the diy's municipal liability premium.. The LMClf Board's intent is that this coverage option he self.. supporting, Sf) we'll be monitoring and ifnecCsHaty 3t!juliling these charges in the futUre. .., ... P.52 P.04 tl '1 J1(~(""- J.'(,-'20E6 14: 43 LtAGUE OF 1'1I'1 CrT] res f:,5128.1.:t.2~3 Is every cit), automatic.dly cIi:gi1Jle'~ No. The city will need to moot these underwriting critelia: . The city must have a policy and practice of inspecting aml cleaning its sewer lines on it reasonable schedule- If there ,m~ ;'I1~:Y existing problems in the {:,ity's systeln whleh have call~ed back~ups in the past or arc likdy to cause ba.ck-ups, the city must have and be implementing a plan to address those problems. The city must have a system find the abil1ty to respond promptly to ba\.k-llp~ or other sewer problems at any time of tJl(: day or week. . Tht~ dty must have in place an appropriate pro!;'111m to minimi2:c sWnllwater inflow and inf1ltration. . The city must have in place a system 10 maintain records of routine sewer clcaning ,Uld maintemlllce, and of any rcport~d problems and msponses. We'd stress that in I1.1akjng the undcI\vriting evaluation we 'n'l trying to focus on reasonableness, rather than OlllJINIt1ng very specitlc standimls. That is, the intent isn't to set an uTbjtrmy requirement that sewers be in~pcctcd and cleaned every six months or e'Very three: years or whatever. What makes sense in one c.ity with som.:: older and sometimes sagging clay 1.im:s probably wouldn't make sense .in a elty with newer plastic lines, alld vice versa, From the IHl.derwriting standpoint, the real concern is that the city has considered its own situation and developed POliCI;;S, practices, and f;(;heduks that make sense for its own sit.uat1oll, How wlliJld the Ito-fault coveragr. work if we had a sewer back-up that '\-vas (~llused by city negligence, ~md 'where the city was legally lhlble for tile resulting damages? If the situation isn't one where the no-fault coverage appli~s, the city's LMCIT liability coverage would lespond Just as it does nOw. That is, LMCTT would investigate and if necessary uei1md the claim on the city's be-half; lli1~ vVould pay the resulting damag<Jt) if in fact the city is l~gally liable for those da111age~:::;. The same would be tme for damages that exceed jht~ $10,000 no-fault limit, OJ-for a snbrogation claim agi\ITlst the city by the homeowner's insunmce company, The city's exbLing LMCIT liabHity would reSpond just as it does now_ What's the leg~J basis fOI" this coverage'! Wonidn't it be a gin OfPlli)iic funds to pray danlages that the city isn't legally liable for? First, as noted earlier, one goal is to help reduc~ hefllth hazards by encouraging prompt clean- ups. That's clearly a public purpose and in 111('. p11blic interest. .3 P.53 P.i?:15 , " l'IAY-1?-21!i05 1<1: ,-C LEHl1UE OF 1.'11'-1 C I Tl ES 5512e 11. 298 Se(;ond~ the law and factR surrounding most sewer ba.ck-up claims aTe Tardy :';0 clear that the liability iSS\lG hi l)utiH~ly bhtck and white. Thele's virl:t\i~Hy a.]way~ a way that a clairn<'l.nt'!) attorney can make some type of argulIlent for city liability. Having this coverage in plac~ Sh011ld help eliminate the need to spend public fil11d~ on litigatioll costs in many of these cases. Fhially, palt ofth~ process Ibr putting the coverage in place i~ for the city council to pass a formal resolution that makeil this no-fault se,,,,,'cr back-up protection part ofthe a.greement between the city and the sewer customer. The idea il; that by payhlg his sewer bill, the sewer user is purchasing not just sewer service: but also the right to be reimbursed for certain specified sewer back-up costs and damages. In other words, the basis fi:lT the: no-f::tult payments to tl](~ properly owner would be the contract bet'il'ccn the city and the sewer user How do we put coverage in place"? Contact your f.,M.en underwriter for an application. If the city qualifies filr coverage, we'll selld the city a fomlal quote, along with a model resolution. To put eovcragc in place, the city council must tormalty pass that resolution, :rnd send a copy to LMCIT. If the city decides to add this coverage, it \vill also be lmpoltant to make sure the citizens know about it. LMCIT can. also provide models for a press release, ncw:;kUcr article, utility bill insert, etc;, Who can we contact with qncst)(llls iH" comments'! Contact your LMClT underwriter, Of Pete Tritz at the League office. We're aho int.erested in hearing CitiCf;' reactJons to 111is n.ew coverage option, especially jf there are c11anges you'd like to see. PST 3/1 onOQ) 4 P.54 P.06 CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: s--A -( \ PUBLIC WORKS BY: lvI/at ITEM: DESIGNATE ''NO PARKING" ON 39TH AVENUE, ~ BY: K. Hanse JEFFERSON STREET AND 5TH STREET DATE: 6/22/0 . DATE: Background: The proposed street reconstruction in the redevelopment area has been designed to permit on-street parking adjacent to Huset park. In order to expend Municipal State Aid funds on the construction, those locations with no on-street parking must be designated by the City Council by Resolution. The areas with no on-street parking are between 37th Avenue and 5th Street, 5th Street north of 39th Avenue, and on Jefferson north of39th Avenue, specifically described below. Analysis /Conclusions: The following "No Parking" designations are required: 39th Avenue (Resolution 2005-34) 3 7th Avenue to 88.1 ' east of 5th Street, 412.7' to 659.6' east of 5th Street, and 191.2' west to 217.5' east ofJ efferson Street. Jefferson Street (Resolution 2005-35) 296.4' south to 416.2' north of39th Avenue 5th Street (Resolution 2005-36) 39th Avenue to 291.9' north of39th Avenue Recommended Motion: Move to waive the reading of Resolution No. 2005-34, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-34 Designating No Parking Locations on 39th Avenue from 37th Avenue to east ofJ efferson Street. Recommended Motion: Move to waive the reading of Resolution No. 2005-35, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-35 Designating No Parking on Jefferson Street near 39th Avenue. Recommended Motion: Move to waive the reading of Resolution No. 2005-36, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-36 Designating No Parking on 5th Street near 39th Avenue. Attachment: Resolutions COUNCIL ACTION: P.SS RESOLUTION NO. 2005-34 BEING A RESOLUTION TO DESIGNATE NO PARKING LOCATIONS ON S.A.P. 113-110 FROM 37TH AVENUE NE TO EAST OF JEFFERSON STREET NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the improvement of 39th A venue l-ffi, State Aid Route No. 113-110 from 37th A venue NE to east of Jefferson Street NE in the City of Columbia Heights Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements ofthe Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length of the improvements; and approval ofthe proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on 39th Avenue NE from 37th A venue NE to 88.1 ' east of 5th Street NE, from 412.7' east to 659.6' east of 5th Street NE, and from 191.2' west to 217.5' east ofJefferson Street NE. Dated this 27th day of June, 2005. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk STATE OF MINNESOTA ) ) ss CITY OF COLUMBIA HEIGHTS ) CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held in the City Hall in Columbia Heights, Minnesota, on the 27th day of June, 2005, as disclosed by the records of said City Council in my possession. Patricia Muscovitz P.56 RESOLUTION NO. 2005-36 BEING A RESOLUTION TO DESIGNATE NO PARKING ON S.A.P. 113-108 FROM 39TH AVENUE NE TO 291.9' NORTH OF 39TH A VENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WIiEREAS, the City of Columbia Heights has planned the impiOvement of 39th Avenue 1'ffi, State Aid Route No. 113-110 from 37th Avenue NE to east of Jefferson Street NE in the City of Columbia Heights Minnesota; and WHEREAS, this improvement will involve the reconstruction of part of 5th Street NE north of 39th Avenue NE, and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length ofthe improvements; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on 5th Street NE from 39th Avenue NE to 291.9' north of 3 9th Avenue NE. Dated this 27th day of June, 2005. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk STATE OF MINNESOTA ) ) ss CITY OF COLUMBIA HEIGHTS ) CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held in the City Hall in Columbia Heights, Minnesota, on the 27th day ofJune, 2005, as disclosed by the records of said City Council in my possession. Patricia Muscovitz P.SS CITY COUNCIL LETTER Meeting of: June 27, 2005 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL ];- A- \1- NO: Fire / ITEM: Establish Hearing Dates BY: Ga.."nj Gorman. RV' I 11/1 J__ ~ ~. ~d ~ ~ . J'/ License Revocation, Rental Properties tv/Ii (;~ DATE: June 22, 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. Maumer Sekizovic .................... .............. ....... ............. ..4640 Polk Street NE. RECOMMENDED MOTION: Move to establish a hearing date of July 11,2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Maumer Sekizovic at 4640 Polk Street NE. COUNCIL ACTION: P.59 CITY COUNCIL LETTER Meeting of: Jime 27, 2005 AGENDA CONSENT ORIGINATING DEPARTMENT: CITY SECTION: MANAGER !;-A -13 Fire APPROVAL NO: .d , ITEM: Approval of Rental Housing License BY: Gary Gorman ~H Z /It/ I~ !-- J:H: t /{ A~ J Applications DATE: June 22, 2005 DATE: . '{.;tl7 NO: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for June 27, 2005. I COUNCIL ACTION: P.60 Occupany 1.0. 30031 30032 30040 30106 1 0029 12060 20179 1'Jnnn I &.-VVV 12003 30110 30026 30079 12001 10023 91681 20045 34000 30098 20331 30099 30001 30036 10090 30014 30016 12196 30067 30068 30025 20124 30137 1 0002 12054 20087 20330 20123 20232 30139 20050 20056 20032 ()R/'JLl!'Jnn,::; Property Owner Name Donald E. Anderson Family Trust Ashraf LLC City of Columbia Heights E.D.A. Crest View Corporation Osama Abdel-Kerim Tahazib Bacchus Jon Boeger Andrew Danko Mark Dostaler Grant Erickson Nedim Frlj Charles Gramith Timothy Grams Becky Groseth Read Silvio Guachichulca Greg Guimont Greg Guimont Jim Horn Jason Johnson Mujtaba Khan Gina Kilgore Ruth King-Smith Ken Koch David Lasky David Lasky Khalid Mansour Samuel Mikre Samuel Mikre Lawerence Miller Dean Olson Mahmound Rifai Brian RoeHer Tiacy Saloka Amanda Smith Ronald Smolik Marvin Sowada Ishola Taofeek Ross Taormina Jospeh Tohey Joe Tohey Michael Vanderheyden P.61 nQ.?n Property Address 711 37th AVE 940 39TH AVE 965 40TH AVE 4458 Reservoir Blvd 5057 UNIVERSITY AVE 210 42ND AVE 1715 37TH AVE 5037 MADISON ST 5103 6TH ST 538 Summit Street 3969 5TH ST 529 MILL ST 4658 6TH ST 1521 39TH AVE 4420 JEFFERSON ST 4651 Taylor Street 4310 3RD ST 1036 PETERS PL 4450 Tyler Place 1045 PETERS PL 4255 MAl N ST 539 40TH AVE 4056 HAYES ST 4330 3RD ST 4322 3RD ST 4618 POLK ST 3709 JACKSON ST 3855 JACKSON ST 3948 5TH ST 1005 50TH AVE 4911 UNIVERSITY AVE 3849 MAl N ST 4600 JOHNSON ST 4634 POLK ST 4442 Tyler Place 1000 50TH AVE 5049 JACKSON ST 5025 UNIVERSITY AVE 4657 5TH ST 1207 CI RCLE TERRACE BLVD 4724 6TH ST Paqe 1 Occupany 1.0. 20004 20008 20048 1 0052 r\~ II") A II")/l/lt::. Property Owner Name Fletcher Wanless Fletcher Wanless Fletcher Wanless Robert Zschokke P.62 /l/l .t')/l Property Address 1218 CIRCLE TERRACE BLVD 4506 FILLMORE 8T 1307 CIRCLE TERRACE BLVD 3823 POLK 8T Paae ? CITY COUNCIL LETTER Meeting of: June 27, 2005 AGENDA SECTION: ~-A-\L\ ORIGJNATJNG DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda :~~:h:lley~:~_ 0'" DATE: ~H / /Il-/I1-- NO: U.t\.lJ:1,: June L,5, L,UU:l .r tit :/t/{ {,,/I/.,,7 . ,. ,/ v....-.Y{ BACKGROUND/ANALYSIS Attached is the business license agenda for the June 27,2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005, Peddler's Licenses, and a License to operate an Ice Cream Truck. 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 to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 27, 2005 as presented. COUNCIL ACTION: P.63 TO CITY COUNCIL June 27,2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Northridge Plumbing Co. *Ryland Homes * Attracta Sign 6960 Madison Ave W. Golden Val $60.00 7600 Executive Dr, Eden Prai.rie $60.00 14680 James Rd, Rogers $60.00 FOOD CATERING VEIDCLE POLICE *C & B Ice Cream 3816 Stinson Blvd #303, Co!. Hts $50.00 PEDDLER/SOLICITOR LICENSE * Steven Person/The Window Store 1433 Utica Ave So, St Louis Pk *William Quenroe/The Window Store " " $150 (6 weeks) $150 (6 weeks) P.64 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: JIM'l€- ~1, 20C!; STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 1132~4 in the amount of$ '2,412,<iS2.Ytf. through.J 13L-(-D'f These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P.65 !5 -A-IS' ACS FINANCIAL SYSTEM 06/24/2005 08:57:15 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......06/27/05 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date.................. Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number. . . . . . . . . . . . . . . . proj ect . . . . . . . . . . . . . . . . . . . . . Venaor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . '/B'lcher .................... . Leased Date..... .......... ~!ared Date................ ~ thru thru thru thru 113234 thru 113404 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 06/24/2005 08 BANK VENDOR Check History 06/27/05 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT ACE ICE COMPANY 113234 152.92 ANOKA COUNTY ATTORNEY 113235 447.04 BELLBOY BAR SUPPLY 113236 642.42 BELLBOY CORPORATION 113237 22,681.66 CHISAGO LAKES DISTRIBUTI 113238 5,609.95 COCA-COLA BOTTLING MIDWE 113239 414.15 COLUMBIA HEIGHTS TRANSIT 113240 10,590.00 D'VINE WINE DISTRIBUTORS 113241 335.00 DAY DISTRIBUTING CO 113242 464.00 EAST SIDE BEVERAGE CO 113243 43,764.45 FARNER-BOCKEN 113244 1,679.91 FRIDLEY LITTLE LEAGUE 113245 70.00 HOELZEL/ROY & JANET 113246 145.71 HOHENSTEINS INC 113247 6,821.70 JOHNSON BROS. LIQUOR CO. 113248 67,797.37 KIPPELS/KEVIN 113249 223.69 KUEHN / JEAN 113250 27.22 KUETHER DIST. CO. 113251 53,367.70 NEXTEL COMMUNICATIONS 113252 619.03 ONVOY 113253 59.99 PHILLIPS WINE & SPIRITS 113254 4,680.16 PITNEY BOWES LOUISVILLE 113255 253.47 ~ QUALITY WINE & SPIRITS 113256 4,181.54 QWEST COMMUNICATIONS 113257 161.82 0\ STATE OF MINN-DEPT OF FI 113258 223.45 "'l STREICHER'S GUN'S INC/DO 113259 277.43 TAUS CHECK/TODD 113260 156.64 XCEL ENERGY (N S p) 113261 13,714.45 ACE ICE COMPANY 113262 784.16 BANTI/YEMESERACH 113263 3.02 CROWN TROPHY 113264 6.36 DEX MEDIA EAST LLC 113265 314.73 DUGDALE/MARY 113266 28.52 EAST SIDE BEVERAGE CO 113267 16,568.30 ESCHELON 113268 154.33 EXTREME BEVERAGE 113269 320.00 G & K SERVICES 113270 54.60 HOHENSTEINS INC 113271 6,058.40 IDEAL ADVERTISING INC. 113272 20.00 I FONLAJA/LI SA 113273 14.00 JOHNSON BROS. LIQUOR CO. 113274 4,593.65 JOHNSON/DEBBIE 113275 15.00 KUETHER DIST. CO. 113276 26,948.80 MALT ADVOCATE 113277 34.00 MARK VII DIST. 113278 33,095.13 MCCOY/THOMAS 113279 279.71 MEDICINE LAKE TOURS 113280 2,394.00 ACS FINANCIAL SYSTEM 06/24/2005 08 CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.70 PAGE 2 06/27/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK VENDOR BANK CHECKING ACCOUNT MOTION TELECOM MOUSEL/ROBERT NORTHEAST STATE BANK OFFICE DEPOT OLECHNA/BARBARA PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS SCHMIDT/CLARA THREE RIVERS UMPIRE ASSO VERIZON - ATTN: PREPAY D XCEL ENERGY (N S P) WELLS FARGO - PAYROLL AC A M BEST COMPANY ACE HARDWARE AMERICAN PUBLIC WORKS AS AMERIPRIDE ANOKA COUNTY LIBRARY APACHE GROUP OF MN BARN'S LM BAKER & TAYLOR BAKER & TAYLOR El~ERTAIN BARNA GUZY & STEFFEN LTD BIFF'S,INC. BOOK WHOLESALERS INC BOYER TRUCKS BRODART BUSINESS JOURNAL/THE CAMDEN PET HOSPITAL, INC CENTER POINT ENERGY CENTRAL IRRIGATION SUPPL CITY PAGES CLARK PRODUCTS INC COLUMBIA HGTS-FRIDLEY KI CONWORTH, INC CROWN FENCE & WIRE CURTIN/PAT DAHLGREN SHARDLOW & UBAN DANKA OFFICE IMAGING DAVIES WATER EQUIPMENT C DEMCO, INC. DISCOUNT STEEL INC E.H. WACHS COMPANY EGAN OIL COMPANY EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC ENTERPRISE NETWORK SYSTE ~ C\ 00 113281 113282 113283 113284 113285 113286 113287 113288 113289 113290 113291 113292 113293 113294 113295 113296 113297 113298 113299 113300 113301 113302 113303 113304 113305 113306 113307 113308 113309 113310 113311 113312 113313 113314 113315 113316 113317 113318 113319 113320 113321 113322 113323 113324 113325 113326 113327 5.10 3.71 1,300,000.00 42.36 2.03 4,514.25 4,366.76 884.01 10,733.70 1,050.00 100.50 2,898.65 245,105.99 1,971.90 38.85 1,030.00 106.73 728.88 335.48 180.00 377.52 22.42 13,592.00 606.31 75.96 770.38 72.32 89.95 1,136.00 103.74 55.11 450.00 264.35 580.92 20.00 64.45 430.51 988.77 43.48 2,102.18 70.06 46.02 4,776.00 4,764.13 412.50 151. 50 1,278.00 ACS FINANCIAL SYSTEM 06/24/2005 08 BANK VENDOR Check History 06/27/05 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT BANK CHECKING ACCOUNT FIRE GUARD SPRINI~ER SER 113328 160.00 FIRE INSTRUCTION & RESCU 113329 400.00 FLEXIBLE PIPE TOOL CO. 113330 68.23 FRATTALONE COMPANIES INC 113331 253,765.82 FRIDLEY-COLUMBIA HEIGHTS 113332 580.92 G & K SERVICES 113333 256.00 GALE GROUP/THE 113334 119.05 GENERAL SAFETY EQUIPMENT 113335 82.76 GENUINE PARTS/NAPA AUTO 113336 504.35 GIS RANGERS 113337 991.07 GOPHER SPORT 113338 307.10 HANECA/CHARLES 113339 390.10 HARBOR FREIGHT TOOLS 113340 47.01 HEIGHTS-NORTHEAST WELDIN 113341 226.56 HOISINGTON KOEGLER GROUP 113342 280.00 HOME DEPOT #2802 113343 60.26 HOTSY EQUIPMENT OF MINN 113344 164.98 HOUCHEN BINDERY LTD 113345 146.00 ICC - NATIONAL 113346 100.00 INSTRUMENTAL RESEARCH IN 113347 150.00 IPC PRINTING 113348 82.02 KENNEDY & GRAVEN 113349 2,216.73 ~ KRISS DESIGN COMPANY 113350 37.63 LANO EQUIPMENT CO. 113351 196 . 75 0\ LEXISNEXIS MATTHEW BENDE 113352 110.00 I.D LYLE SIGNS INC 113353 250.28 MAC QUEEN EQUIPMENT CO. 113354 1,790.64 MAIN STREET DESIGN 113355 817.76 MARSHALL CONCRETE PRODUC 113356 423.95 MEDICS TRAINING INC 113357 300.00 MEDTOX LABORATORIES INC 113358 159.00 MENARDS CASHWAY LUMBER-F 113359 410.29 METRO FIRE 113360 57.55 METROPOLITAN COUNCIL WAS 113361 64,197.88 MIDWAY FORD 113362 768.02 MIDWEST ASPHALT CO. 113363 1,107.51 MINNEAPOLIS FINANCE DEPT 113364 66,416.22 MINNEAPOLIS SAW CO. 113365 28.32 MINNESOTA NURSERY & LAND 113366 178.00 MN DEPT OF HEALTH 113367 150.00 MORRIS/GRAYLYN 113368 120.00 MYERS TIRE SUPPLY'COMPAN 113369 115.89 NORTH STAR INTL TRUCK IN 113370 297.12 NORTHEASTER 113371 279.00 OFFICE DEPOT 113372 873.35 ONE-CALL CONCEPT-GOPHER 113373 314.25 ORKIN 113374 59.83 ACS FINANCIAL SYSTEM 06/24/2005 08 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK VENDOR Check History 06/27/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PC SOLUTIONS POOLS IDE PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I RAD IO SHACK RANDOM HOUSE, INC RESOURCE DOCUMENTS & ADV RETAIL DATA SYSTEMS OF M RK AERIALS LLC ROYAL TIRE SANITARY ENGINEERING LAB SCHOOLHOUSE MAGAZINE SHORT ELLIOT HENDRICKSON STAPLES BUSINESS ADVANTA STRATEGIC INSIGHT COMPAN STREICHER'S GUN'S INC/DO SUN PUBLICATION SWEENEY BROTHERS TARO SPORTSWEAR TBS OFFICE AUTOMATIONS TOUSLEY FORD TRUGREEN CHEMLAm~ TUBBS/MARSHA UNITED RENTALS NORTHWEST URBAN LAND INSTITUTE VERIZON WIRELESS WELLE AUTO SUPPLY INC WW GRAINGER,INC ZARNOTH BRUSH WORKS, INC ZEP MANUFACTURING COMPAN ;d "l o 113375 113376 113377 113378 113379 113380 113381 113382 113383 113384 113385 113386 113387 113388 113389 113390 113391 113392 113393 113394 113395 113396 113397 113398 113399 113400 113401 113402 113403 113404 1,068.86 89.93 23.16 26,649.70 12.74 803.70 299.00 93.24 1,485.05 14.61 900.00 7.95 43,035.75 223.19 798.75 135.20 410.34 585.75 3,625.88 10.00 357.80 782.37 23.92 952.11 190.00 6.96 18.53 257.84 586.82 152.03 2,422,852.44 *** ACS FINANCIAL SYSTEM 06/24/2005 08 BANK VENDOR REPORT TOTALS: ;0 ""l ...... CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History - 06/27/05 COUNCIL LISTING CHECK NUMBER AMOUNT 2,422,852.44 RECORDS PRINTED - 000881 ACS FINANCIAL SYSTEM 06/24/2005 08:57:17 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 250 265 389 402 412 415 420 431 601 602 603 604 609 653 701 720 R~1 '.:) N 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY COL HGHTS AFTER SCHOOL ENRI CONFISCATED/FORFEITED PROP R8:TRANSITION BLK REDEVELOP STATE AID CONSTRUCTION CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN ESCROW INVESTMENT TRUST FLEX BENEFIT TRUST FUND 53,682.06 1,757.06 3,332.82 8.91 5,835.28 29.00 670.49 10,852.50 14.86 400.00 44,434.16 283,464.16 585.75 77,075.91 65,524.43 20.35 946.75 311,683.89 14 .86 12,069.11 783.42 3,932.98 649.48 240,280.77 1,300,000.00 4,803.44 2,422,852.44 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 2,422,852.44 2,422,852.44 CITY COUNCIL LETTER Meeting of June 27, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL f.oA NO: ITEM: Close Hearing Rental License Revocation BY: Gary Gorman DATE: June 22, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against Scott Owens regarding rental property at 4032 Van Buren Street NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of June 27, 2005. The public hearing on this property may now be closed in that the owner has been granted an extension of time to have the violations on the property corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Scott Owens regarding rental property at 4032 Van Buren Street NE. in that the owner has been granted an extension of time to have violations on the property corrected. P.73 CITY COUNCIL LETTER Meeting of June 27, 2005 AGENDA enb ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: , ~ / / I ITEtvf: Close Hearing BY: Gary Gorman BY: t1!~~ Rental License Revocation DATE: June 22, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against Steve Elie regarding rental property at 1231-33 Circle Terrace & 1301-03 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of June 27,2005. 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 Steve Elie regarding rental property at 1231-33 Circle Terrace & 1301-03 Circle Terrace. in that the violations have been corrected. P.74 CITY COUNCIL LETTER Meeting of June 27, 2005 AGENDA Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL :1 L ,.0 NO: /"; '-""? ITEM: Adopt Resolution For Revocation BY: Gary Gorman BY: /~1 2005-39 DATE: June 22, 2005 DATE: NO: , ..! ~~ Revocation ofthe license to operate a rental unit within the City of Columbia Heights is requested against Mark Mdaka regarding rental property at 4258 2nd Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2005-39, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-39, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Mark Mdaka Regarding Rental Property at 4258 2nd Street NE. COUNCIL ACTION: P.75 RESOLUTION 2005-39 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 MARK MDAKA (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4258 2ND STREET NE, 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 MAY 16,2005 OF A PUBLIC HEARING TO BE HELD ON JUNE 27, 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 I. That on March 14, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, inspected the property and noted eight violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 21, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on May 16,2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on June 2, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations. Compliance orders and a Statement of Cause were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 5. That on June 23, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations still remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE: l..Shall repair the overhead garage door 2..Shall replace the missing metal soffit on the front of the house 3..Shall repair/replace the garage service door 4..Shall remove all/any scrub growth from around the garage and deck. 5..Shall reattach the soffit on the garage. P.76 6..Shall scrape/paint the garage trim 7..Shall remove the misc. building materials from along garage. b. FAILURE TO SUBMIT REINSPECTION FEES OF $800.00 7. 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). ORDER OF COill~CIL I. The rental license belonging to the License Holder described herein and identified by license number F6365 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. CONCLUSIONS OF COUNCIL 1. That the building located at 4258 2nd Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant or tenant as the case may be, have expired or such rights have been exercised and completed. day of 2005 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.77 CITY COUNCIL LETTER _AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: -l-.A - \ FIRE DEPARTMENT APPROVAL " ITEM: ORDINANCE #1487 BY: GARY GORMAN 4ff-~;Z I- ADOPTING MN STATE FIRE CODE BY:/I/"~.~_~;;~~ NO: DATE: June 8, 2005 Meeting of June 27, 2005 The 2003 MN State Fire Code has been adopted by the State of Minnesota and is effective as of March 31, 2003. Jurisdictions are not required to adopt the code as it is applicable throughout the entire state ofMN, in all political subdivisions and municipalities per State Statute 299F.0 11. The Fire Depai-tment uses the Code for its annual fIre inspections on commercial and multi-unit residential properties. The adoption of the State Fire Code by a municipality allows for the issuance of permits and the collection of fees for installations and modifIcations to a variety items such as hazardous materials, fIre alarms systems, fue suppression systems, tents and canopies, and spray booths. The State of Minnesota updates the State Fire Code approximately every three years. The proposed ordinance would be self-perpetuating in that it would always reflect the most current edition of the State Fire Code and not require Council action every time the code is updated. Permit fees will be adopted by resolution and are not included as part of this code adoption. There are nine optional appendices offered as part of the MN State Fire Code. They are: A: Board of Appeals B: Fire Flow Requirements for Buildings C: Fire Hydrant Locations and Distribution D. Fire Apparatus Access Roads E: Hazard Categories F: Hazard Ranking G: Cryogenic Fluids - Weight and Volume Equivalents H: Fires or Barbecues on Balconies or Patios I: Special Locking Arrangements for Group I Occupancies The ordinance adopts Appendices D, E, F, G, H, and I. Attached is Ordinance #1487, adopting the State Fire Code. This ordinance provides for the application, administration, and enforcement of the Minnesota State Fire Code regulating and governing the safe-guarding of life and property from fIre and explosion hazards to life or property in the occupancy of buildings and premises in the City of Columbia Heights; provide for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the Minnesota State Fire Code with the exception ofthe optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1487, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance #1487, being an Ordinance adopting the MN State Fire Code. CITY COUNCIL ACTION: Y.78 ORDINANCE NO. 1487 ADOPTING THE MINNESOTA STATE FIRE CODE BEING AN ORDINANCE AMENDING ORDINANCE No. 853, CITY CODE 1977 ADOPTING THE MINNESOTA STATE FIRE CODE. TillS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE FIRE CODE REGULATING AND GOVERNING THE SAFE- GAURDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BillLDINGS AND PREMISES IN THE CITY OF COLUMRIA HEIGHTS; PROVIDE FOR TH.-E ISSUA-NCE OF PERMITS A-ND COLLECTION OF FEES THEREOF; PROVIDES PENAL TIES FOR VIOLATION THEREOFjREPEALSALLORDINANCESANDPARTSOFORDINANCESTHAT CONFLICTTHERE~TH. TillS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE FIRE CODE ~TH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City of Columbia Heights does ordain: Section 1 Codes adopted bv reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of Fire Marshal, pursuant to Minnesota Statutes Chapter 299F.Oll, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted in this Ordinance. The Minnesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application. Administration. and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial1imits permitted by Minnesota Statutes, 299F. 011, when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is the Columbia Heights Fire Department. Section 3 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 299F.0 11. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 299F.Oll). Section 5. Fire Code Optional Appendices. The Minnesota State Fire Code, established pursuant to Minnesota Statutes 299F.Oll allows the Municipality to adopt by reference and enforce certain optional Appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition ofthe State Fire Code are hereby adopted and incorporated as part of the fire code for this municipality. P.79 1. Appendices D, E, F, G, H, 1. Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect thirty days after its passage. First reading: Second Reading: Date of Passage: June 13, 2005 Offered by: Seconded by: Roll Call: Ayes: Nayes: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.80 CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER No. 113 , PUBLIC WORKS By:~1 & ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen ,; REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK DATE: 6/22/05 1_ MOUNTED SEWER RODDING MACHINE AND UNIT DATE: #190 FORD F350, 2X4 ONE TON CHASSIS Background: Unit #190A was purchased new in 1987 for $12,953 with a projected life expectancy of20 years. This unit replaced an older sewer rodding machine and was mounted on the same truck, a 1964, Ford % ton 4x4. In 1996, a new Ford F350 one-ton chassis, Unit 190, was purchased to carry Unit #190A, for $15,914 with a projected life expectancy of 15 years. This setup has been used as the primary piece of equipment to root saw sanitary sewer lines and clear main line blockages that may occur. Unit #190A is 18 years old and maintenance and repair records indicate that $13,765 has been spent on Unit #190A since 2000. In 2004, the first full year of increased sanitary sewer maintenance, approximately $12,000 was spent for replacing sewer rod and cleaning tools. The Shop Supervisor has rated the condition Unit # 190A as poor. Unit # 190A has been reconditioned 3 times and would need to be reconditioned again in the near future. Parts delivery has taken as long as 2 to 3 weeks. The 2005 Sanitary Sewer Capital Equipment Replacement budget has allocated $130,000 for the replacement of Unit #190A and 190. Analysis/Conclusions: Following the significant backups in 2003, and at the recommendation of the League of Minnesota Cities Insurance Trust (LMCIT), staff developed a Sanitary Sewer Maintenance Policy that requires Public Works to clean all of the sanitary sewer lines that have a history of back up (trouble lines) on an annual basis and the remainder of the city on a three-year repeating cycle. This represented a significant increase in annual sanitary sewer maintenance. To fulfill the requirements of the City's CUlTent sewer maintenance policy and minimize the number of backups, it is necessary to update equipment and operational procedures to meet the increased demands on city crews. The use of Unit #190A requires employees to repeatedly lift the stainless steel heavy rod and guide hose to position the cleaning tool in the sanitary sewer line. None of this lifting can be done using proper lifting technique and therefore exposes employees to possible serious back and shoulder injury. Unit # 190A has a great deal of down time due to sewer rod failure. The sewer rods become brittle with use and repeatedly break. Broken or bent rod replacement exposes employees to possible serious injury when repairs are made. Additionally, our NPDES Phase II permit now requires many of the same maintenance activities we perform in our sanitary sewer operation, i.e., cleaning of our storm lines! COUNCIL ACTION: P.81 CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER No. PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen BY: REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK DATE: 6/22/05 DATE: MOUNTED SEWER RODDING MACHfNE AND lTNIT #190 FORD F350, 2X4 ONE TON CHASSIS Continued - Page 2 After carefully reviewing current and future sanitary and storm sewer maintenance requirements, manpower, operator safety and sewer cleaning equipment that is available for purchase in 2005, Public Works staff has the following recommendations: 1. Replace Unit #190A and Unit #190 with (1) one High Pressure Water Jetter Truck Mounted. This unit is capable of root sawing, removing grit, clearing blockages, thawing frozen lines, and washing down manholes. It also provides the operator with the highest level of safety and ergonomic design available at this time. 2. Dispose of Unit #190A and chassis Unit #190 by means of trade-in. Staff researched investigated and found three manufacturers in the area, conducted extensive field equipment demonstrations with two of the vendors, inspected similar Jet Trucks that are currently being used by the City of Minneapolis and spoke with their operators and mechanics. Staff has received the following pricing as available from the MN State Contract: ABM Equipment and Supply Hopkins, Minnesota Sewer Cleaning Unit Trade-in Unit #190A International Chassis Total: Flexible Pipe and Tool Co. St. Cloud, Minnesota Sewer Cleaning Unit Trade-in Unit#190A International Chassis Total: MacQueen Equipment Inc. St. Paul, Minnesota COUNCIL ACTION: P.82 $89,085 - $9,045 $80,040 + $44,333 $124,373 plus sales tax $82,4 79 - 0- $82,479 + $47.167 $129,646 plus sales tax No Bid Provided CITY COUNCIL LETTER Meeting of: 6/27/05 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER No. PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen BY: REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK MOUNTED SEWER RODDING MACHINE AND UNIT DATE: 6/22/05 DATE: #190 FORD F350, 2X4 ONE TON CHASSIS Continued - Page 3 ABM Equipment is the only vendor that offers a rear mounted rotating and telescopic hose reel. This feature provides operational flexibility, makes the equipment operator friendly and promotes safe operation. (Brochure attached) Note: Current Minnesota State Purchasing Contract expires on June 30, 2005. Staff recommends the purchase of One (1) new 2005 SECA model H-800 Jetter from ABM Equipment, and One (1) new 2006 4300 SBA 4x2 (MA025) chassis from Astleford International Trucks per Minnesota State Contract. Unit #190A and Unit#190 will be disposed of by trade-in. Recommended Motion: Move to authorize the replacement of Unit #190A and Unit #190 with One (1) new 2005 SECA model H-800 Jetter in the amount of $89,085 subtracting a trade-in allowance of $9,045, plus sales tax from ABM Equipment Co. and One (1) new 2006 4300 SBA 4x2 (MA025) International truck chassis for $44,333 plus sales tax from Astleford International Trucks. All equipment pricing per Minnesota State Purchasing Contract. KH:jb Attachment: COUNCIL ACTION: P.83 " " THE MODEL 800-HPR TRUCK JET . Specially designed for.use in cold weather climates. . The safest and most "user friendly" truck jet available. . High pressure jet system supplies power to clean sewers of sand, silt, grease, roots and other accumulations. . Hose reel is housed in the enclosed and heated rear compartment when not in use. . When in operation, the hose reel telescopes out of rear compartment and is now able to rotate/pivot 180 degrees for maximum access to the difficult to reach manholes. . Optional Automatic Level Wind System which eliminates operator contact with sewer hose when in operation. . The main components including the water pump, power system, hose reel, sewer hose and associated plumbing are kept heated to eliminate the dangers of freezing. Freezing of any part of the system can put operators in danger. . The rotating/pivoting hose reel helps operator to reach difficult to access manholes and also allows operator to remain "away" from dangerous traffic situations when in the jetting mode. (Note: Some features shown in literature may be optional.) COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 27,2005 AGENDA SECTION: NO: 7rs~ ORIGINATING DEPARTMENT: Community Development BY: Randy Schumacher DATE: June 22, 2005 ~ I "<95- CITY MANAGER'S APPROVAL BY:j$~ ITEM: Adopt Resolution 2005-33, Accepting the bid for Building Demolition and Excavation of Contaminated soil in the Industrial Park (Phase I-B) BACKGROUND: m October of 2003, the City of Columbia Heights applied for cleanup funds for the redevelopment of Phase I-B of its mdustrial Park. These properties are made up of lR. Properties (515-619 38th Avenue), Region Truck (620-38th Avenue) and Kremer Davis (3900 Jefferson Street). The State of Minnesota and the Metropolitan Council awarded a grant to the City in the amount of$1,233,000 for this proj ect. The City has entered into a redevelopment agreement with Schafer Richardson thus allowing the City to move ahead with expenditure of the cleanup grant. The City's Environmental Consultant, ProSource Technologies, prepared a bid request for building demolition and excavation of contaminated soil for Phase I-B ofthe Industrial Park. The bids were advertised and at the bid opening, held on June 24,2005. The bids ranged from a low of$891.312.50 to a high of$1.012.796.75. The low bid was submitted byVeit & Companymc.. RECOMMENDATION: Staff recommends adoption of Resolution 2005-33, accepting the bid from Veit & Company mc. for the building demolition and excavation of contaminated soil in the Industrial Park Phase I-B area. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-33, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2005-33, a Resolution accepting the bid for building demolition and excavation of contaminated soil in the Industrial Park (phase I-B), Columbia Heights, MN. Attachments COUNCIL ACTION: h:\Consent2004\CL Res.200S-33 Accept B~d for DemoPhase I-B P.SS RESOLUTION 2005-33 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND EXCAVATION OF CONTAMINATED SOIL IN THE INDUSTRIAL PARK (PHAS~ I-B), COLlJIVlliIA IlliIGHTS, IvIN WHEREAS, pursuant to an advertisement for bids for the demolition of buildings at 620 39th Avenue NE (Buckles & Buckles), 3900 Jefferson Street (K.remer & Davis) and 515 & 519 38th Avenue NE (J.R. Properties) and Excavation of Contaminated Soil identified in Phase I -B of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of $891 J 12.50 for the building demolition and excavation of contaminated soil in the Industrial Park Phase I-B area according to the plans and specifications as outline in the bid request dated June 24, 2005 and on file in the office of Community Development. 2. The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted this _ day of ,2005. OFFERED BY: SECONDED BY: ROLL CALL: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Deputy City ClerldCouncil Secretary P.86 Bid Opening for Demolition Columbia Heights Industrial Park (Phase I-B) 10:00 Am June 24, 2005 City council Chambers Columbia Heights, Minnesota Landwehr \ P.O. Box 1086, \ I YES St. Cloud, MN $949,360 Construction \ nc. 56302-1086 Fratta\one Co. I 3205 Spruce Street \ \ Litt\e Canada, MN $1,012,796.75 YES 55117 Carl Bo\ander & \ 251 Starkey Street, \ \ YES CP Sons Company P.O. Box 7216 $923,895.50 :'I St. Paul, MN 55" 07 Veit & Company \ 14000 Veit Place \ $891,312.50 YES inc. Rogers, MN 55374 CITY COUNCIL LETTER Meeting of June 27, 2005 AGENDA SECTION: NO: c.\ ORIGINATING DEPARTMENT: Fire ITEM: Establishing Property Maintenance Inspection Fees BY: Gary Gorman I NO: I DATE: June 27, 2005 I DATE: Background: In 1989, the City of Columbia Heights established a licensing and inspection program for rental property. The Fire Department began assisting with inspections relating to this program in 1992 and was assigned responsibility for administering the program in 1994 as part of the Fire Department budget. There currently are 612 licensed rental properties in Columbia Heights, totaling 2,285 individual rental units. Each rental property is required by Ordinance to be licensed to operate and must renew their license annually. The Fire Department conducts inspections of each individual unit, interior common areas and exteriors on a regular schedule as well as responding to complaints received. The last license fee increase was January 2002. Analysis: Revenue received from annual rental licenses, under the current fee structure, is approximately $36,000. No- show and re-inspection fees generated an additional $4,000.00 to $5,000.00 annually. This revenue does not cover the cost ofthe program. The Fire Department Budget has absorbed the difference in cost and revenue. The proposed fee structure has been broken down into two parts. The cost of mailing and processing the license paperwork is the same per property regardless ofthe number of units. That is the proposed $50.00 fee per building. The additional cost is based on our time to inspect the properties. In a recent survey, it was found that these proposed fees would put us in the top half of the 15 communities surveyed. The fee increase would start with the 2006 licenses. Recommended Action: IvrOVE to waive the reading of Resolution #2005-38, there being ample copies available for the public. MOVE to adopt Resolution #2005-38, being a Resolution establishing Property Maintenance Inspection Fees. I CITY COUNCIL ACTION: P.88 RESOLUTION NO. 2005-38 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has authorized changes to rental property licensing fees from time to time; and WHEREAS, the City finds there is a financial need to modify the rental property licensing fee at this time; and THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective January 1,2006. Rental property license - 1 unit Rental property license - 2 thru 10 units Rental property license - 11 thru 30 units Rental property license - over 30 units $50.00 per building plus $40.00 per unit $50.00 per building plus $20.00 per unit $50.00 per building plus $15.00 per unit $50.00 per building plus $10.00 per unit No-Show Fee $100.00 per no-show event License Reinstatement after Revocation/Suspension Ten times alllluallicense fee Passed this _ day of June 2005 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.89 CURRENT FEE SCHEDULE 1 or 2 rental units 3 or 4 rental units 5 or more rental units $22.50 per unit $75.00 per buildin $75.00 for the first 4 units, plus $10.00 per unit over 4 $100.00 for 1s and 2n re-inspections. $300.00 for 3rd and subsequent re-inspections. ll'Ann nn ___ __ _1..._... _..__.I. 'P IUU.UU fJt::1 HU-~IIUV''; t::Vt:::fll. Re-inspection fee ,.._ _1..._...1:__ l'';U-tiIIU','V ;t::t:: License reinstatement after revocation or suspension. 1-1/2 times the annual license fee. 1 247 247 $ 22.50 $ 22.50 $ 5,557.50 2 224 448 $. 22.50 "$ 45:00 $ 10,080.00 3 14 42 $ 25.00 $ 75.00 $ 1 ,050.00 4 38 152 $ ,t8.75 $ 75;00' $ 2;850.00 5 4 20 $ 17.00 $ 85.00 $ 340.00 6 8 48 $ 15.83 $ 9.5,00 $ 759.84 7 1 5 1 05 $ 15.00 $ 105.00 $ 1 ,575.00 8 6 "'48, . $ 14.38 $; 115.00 $ , 690,00 1 1 29 319 $ 13.1 8 $ 145.00 $ 4,204.42 12 2 ',24 $ 12.92 $ 155.00 $ 31 0.08 14 2 28 $ 12.50 $ 175.00 $ 350.00 17 9 15$ $ 12:06 $ 205.00 $ 1,845.18 20 4 80 $ 1 1 .75 $ 235.00 $ 940.00 22 2 ",44> $ 41,59: .$ 255.00 $ 509.96 34 1 34 $ 1 1 .03 $ 375.00 $ 375.02 70 ' ' $ 11.00 $" 380;00 .$ 770.00 35 2 40 1 40 $ 10.88 $ 435.00 $ 435.20 75 1 75 $ 10A7 $, 785.00 $ ,786.25 77 1 77 $ 10.49 $ 805.00 $ 807.73 85 1 85 $ 10.41" $ 88'5i.(])fJ $ '884.85 146 1 146 $ 1 0.24 $ 1 ,495.00 $ 1 ,495.04 P.90 PROPOSAL ONE 1 rental unit 2 - 10 rental units 11 - 30 rental units Over 30 rental units No Show Fee License reinstatement after revocation or suspension. $50.00 per buildin plus $40.00 per unit $50.00 per building plus $20.00 per unit $50.00 er build in plus $15.00 per unit $50.00 per buildin plus $10.00 per unit $100.00 per no-show event Ten times the annual license fee. 1 247 247 $ 50.00 $ 40.00 $ 90.00 $ 22,230.00 2 224 448 $, $O;iOO' $ 20:00 $ 90.00 $ 20,160.00 3 14 42 $ 50.00 $ 20.00 $ 1 10.00 $ 1 ,540.00 4 38 152 $ ,so.. 00 $ 20..00' $ 130.00 $ 4,940.00 5 4 20 $ 50.00 $ 20.00 $ 150.00 $ 600.00 13 8 48 $ 50.00$ ,'20..00 $ 170.00 $ 1 ,360.00 7 15 105 $ 50.00 $ 20.00 $ 190.00 $ 2,850.00 8 E3 48 $ 50.00.'$ 20..00 $ 210.00 $ 1 ,260.00 1 1 29 319 $ 50.00 $ 15.00 $ 215.00 $ 6,235.00 12 2 24 $ 50,.00'$ 15JJO .$ 230.00. $ 460.00 " , 14 2 28 $ 50.00 $ 15.00 $ 260.00 $ 520.00 17 9 153 $ 50;00 $ 15.00 '$ 305.00 $ 2,745.00 20 4 80 $ 50.00 $ 15.00 $ 350.00 $ 1 ,400.00 22 Z 44 i$ So~Qo "$ 15 :J)() $ ,380.00 $ 760.00 34 1 34 $ 50.00 $ 10.00 $ 390.00 $ 390.00 :'..................,"". .. ,..,..... 35 2: ;.$ 'S();ob$ lQ;O(), $ 400jOO $ 800.00 40 1 $ 50.00 $ 10.00 $ 450.00 $ 450.00 75 $ , 50.0Q$ to.OO $ 800.00 $ 800.00 77 $ 50.00 $ 10.00 $ 820.00 $ 820.00 85 $ 50..00.' $ 10,00 $ 900.00 $ 900.00 146 $ 50.00 $ 10.00 $ 1 ,510.00 1 ,510.00 P.9!