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HomeMy WebLinkAboutJanuary 23, 2006 regular CITY OF CO"LUMBIA HEIGHTS ADMINISTRA TION Mavor Gmy 1. Peterson Coullcilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg City Mallaf!er Walter R. Fehst 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Gur Website at: 1I'1I'1I'.ci.co/ul/Zbia-heig/zts.l/Zll.lIs " The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, January 23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, JV1N. 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 ORDER/ROLL CALL/INVOCATION Invocation by Father AI Backmann, Immaculate Conception Catholic 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 1) Father AI Backmann Day - February 19,2006 B) Presentations - none C). Introduction of New Employees - none D) Recognition - none P5 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 January 9. 2006 regular City Council meeting p6 MOTION: Move to approve the minutes of the January 9, 2006 regular City Council meeting as presented. 2) Establish Work Session meeting date for February 6. 2006. beginning at 7:00 p.m. in Conference Room 1. P27 MOTION: Move to establish a Work Session meeting date for February 6,2006 beginning at 7:00 p.m. in Conference Room 1. 3) Adopt Resolution No. 2006-14. being a Resolution supporting the Columbia Heights Peace Clock P28 MOTION: Move to waive the reading of Resolution No. 2006-14, there being ample copies available to the public. City Council Agenda January 23,2006 Page 2 of 4 MOTION: Move to adopt Resolution No. 2006-14, being a Resolution supporting the "Columbia Heights Peace Clock" 4) Reappoint Pat Jindra to the Economic Development Authority with the term to expire on January 6. 2012. P30 MOTION: Move to reappoint Pat Jindra to the Economic Development Authority with the tenn to expire on January 6, 2012. 5) Approve raffle for Little Voyageurs Montessori School. St. Timothy's Lutheran Church P 3 1 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51 st Avenue, Columbia Heights, on May 2, 2006; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 6) Adopt Resolution 2006-13. being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services. Local 311. for calendar years 2006 and 2007. P35 MOTION: Move to waive the reading of Resolution No. 2006-13, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. 7) Approve stipulation of settlement with Kremer/Davis Inc. for 3 900 Jefferson Street. P 41 MOTION: Move to approve the stipulation of settlement that authorizes the City of Columbia Heights to pay Kremer and Davis, Inc. $260,000 for the above described property plus interest on the portion of that amount which remains unpaid. This stipulation of settlement shall be funded with Community Development Block Grant or Minnesota State Aid Road funds. 8) Authorization to seek bids for 2006 sanitary sewer pipe lining proiect. P52 MOTION: Move to authorize staff to seek bids for the 2006 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. 9) Adopt Resolution 2006-15. being a Resolution accepting the feasibility report for Zone lA Street Seal Coating and Ordering the Public Improvement Hearing. P 5 3 MOTION: Move to waive the reading of Resolution 2006-15, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2006-15, being a Resolution accepting the Feasibility Report for Zone lA, City Project 0601, and calling for the Public Improvement Hearing beginning at 6:00 p.m. on March 6, 2006. 10) Adopt Resolution 2006-16. being a Resolution. accepting the feasibility report for the Cleaning and Lining of 3.200 Lineal feet of Water Main under the Minneapolis 2006 Program and Ordering the Public Improvement. P 6 ] MOTION: Move to waive the reading of Resolution 2006-16, there being ample copies available for the public. P.2 City Council Agenda January 23, 2006 Page 3 of 4 MOTION: Move to adopt Resolution 2006-16, being a Resolution which accepts the Feasibility Report for the 2006 Water Main Cleaning and Lining.Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,200 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2006. 11) Adopt Resolution 2006-12, being a Resolution accepting the Feasibility RepOli for Zone 7B and lA Street Rehabilitation and ordering the Public Improvement Hearing. p71 MOTION: Move to waive the reading of Resolution 2006-12, there being ample copies available for the public. MOTION: Move to adopt Resolution 2006-12, being a Resolution accepting the Feasibility Report for Zone 7B and lA Street Rehabilitation, City Project No. 0502, and calling for the Public Inlprovement Hearing beginning at 6:30 p.m. on March 6,2006. 12) Approve Business License Applications P79 MOTION: Move to approve the items as listed on the business license agenda for January 23,2006 as presented. 13) Approve Payment of Bills P 8 1 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 115611 through 115814 in the amount of$I,419,849.00. 6. PUBLIC HEARINGS A) Close Revocation Hearing for 1215 3ih Avenue P90 MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Bryan Buch regarding rental property at 1215 3 7th Avenue NE in that the owner has corrected the violations. B) Adopt Resolution No. 2006-16, being a Resolution for Rental Housing License Revocation at 4349 7th St. P91 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-16, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-16, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by !fa Vmar regarding rental property at 4349 7th Street NE. C) Adopt Resolution No. 2006-17, being a Resolution for Rental Housing License Revocation at 4639-41 P94 Washington Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-17, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Twani Traynor regarding rental property at 4639-41 Washington Street NE. D) Adopt Resolution No. 2006-18, being a Resolution to declare a nuisance and approve abatement at 4232 5th Street . P97 P.3 City Council Agenda January 23, 2006 Page 4 of 4 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-18, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-18, being a Resolution of the City Council of the City of Columbia Heights declaring the propeliy at 4232 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to Columbia Heights City Code, Chapter 8, Article II, Section 8.206. E) Issue rental housing License for 3726 3rd Street P100 MOTION: Move to issue a rental-housing license to TJ Holdings LLC to operate the rental property located at 3726 3rd Street NE in that the provisions of the residential maintenance code have been complied with. F) Issue rental housing License for 212-214 42nd Avenue P101 MOTION: Move to issue a rental-housing license to Asad Khan to operate the rental property located at 212-214 42nd Avenue NE in that the provisions of the residential maintenance code have been complied with. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1500. vacating a portion of Lookout Place P102 MOTION: Move to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, to Monday, March 13,2006, at approximately 7:00 p.m. in the City Council Chambers. 2) Second reading of Ordinance No. 1504. vacating a portion of the University Avenue Frontage Road. P1 06 MOTION: Move to waive the reading of Ordinance No. 1504, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1504, being an Ordinance vacating a portion of the University Avenue Frontage Road. B) Bid Considerations - none C) Other Business - none 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 comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER ,. PA l{-A-( PROCLAMATION DECLARING FEBRUARY 19, 2006, AS FATHERALBACKMANNDAY IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, Father Al Backmann has been an active member of our community while serving as the Priest at Immaculate Conception Catholic Church since the fan of 200 1, and WHEREAS, Father Al has reached out to the people of this cOlTImunity and his parish in times of joy and sorrow, bringing and them together through faith, compassion, love and laughter, and WHEREAS, in his words "he was here to empower his pa:ishioners and his staff', which will be dearly missed, and WHEREAS, Father AI's compassionate heart for his vocation has been a benefit not just to the parish of Immaculate Conception, but also to the City of Columbia Heights, NOW, THEREFORE, BE IT DE~ARED, that I, Mayor Gary L. Peterson, do hereby proclaim February 19,2006, as Father AI BaekDlaDD Day in the City of Columbia Heights, Minnesota Mayor Gary L. Peterson P.5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 9, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 9, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson stated that Father AI Backmann was unable to attend tonight and stated that he is leaving our community for the City of Lindstrom. He stated the hope that Father Al can attend our meeting one more time before he leaves. Pastor Dan Thompson will stand in for him tonight. Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations Marsha Stroik, on behalf of the Columbia Heights Booster Club, presented a check for $30,000 to the Recreation program. Recreation Director Keith WindschitI, Recreation Director, thanked the Booster Club. Nawrocki stated there is an obligation to designate where the funds go before they are used. Bill Elrite, Finance Director, stated that is a legal question rather than a fmance question. Jim Hoeft, City Attorney, stated designation is not necessary. Nawrocki indicated that the State Auditor gave the opinion that you can not spend funds until you formally accept them and requested that this be checked on. Elrite stated that we formally accepted it by resolution at the end of the year. Peterson stated that over the years the Boosters have donated over a million dollars to the City and he requested that Ms. Stoik report back to the group tile City's appreciation for their generous donation. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for December 12, 2005 regular City Council meeting Motion to approve the minutes of the December 12,2005 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the November 22,2005 Park and Recreation Commission meeting. Nawrocki stated that at this meeting t~p 1~ate increase was discussed. He asked if P.6 City Council Minutes January 9, 2006 Page 2 of21 the early rental charge for Friday allows for the resident discount? WindschitI stated it allows for a 25 percent discount. b) Motion to accept the minutes of the December 6, 2005 Library Board of Trustee meeting. c) Motion to accept the minutes of the January 3,2006 Planning and Zoning Commission meeting. 3) Establish Work Session meeting date for Tuesday, January 17,2006, beginning at 7:00 p.m. in Conference Room 1. - Removed 4) Schedule a loint City Council and School Board Work Session meeting for Monday, January 30, 2006, beginning at 7:00 p.m. in the City Hall Council Chambers. Fehst stated this would be to discuss possible construction of some mutual gyms, passage of the bond issue and also items from the City Council regarding the budget and/or cooperation on recreation programs. Motion to schedule ajoint City Council and School Board Work Session meeting for Monday, January 30, 2006, beginning at 7:00 p.m. in the City Hall Council Chambers. 5) Establish a public hearing date of Monday, February 13,2006 at 7:00 p.m. on basic services programming and equipment rates and installation charges Comcast calculated in its March, 2005, rate filing Nawrocki stated that his bill shows an increase of about ten percent rather than a decrease. People should not be fooled, if the basic rate went down that means that the rest went up even more than ten percent. Motion to establish a public hearing date of Monday, February 13,2006 at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2005, rate filing. 6) Designate Sun Focus News as the official City Newspaper for 2006 - Removed Nawrocki stated that many residents do not even receive the Focus newspaper and some papers are not placed on the step or the mailbox, but on the ground. He asked if the Mayor met with the newspaper staff. Peterson stated that because of the holidays he did not meet with them, but still intends to do so. Kelzenberg stated that he did not receive the Focus for tIle last three weeks and is not happy with their service. Diehm asked if we are required to designate the official paper by a specific date. Jim Hoeft, City Attorney, stated there is a specific date or the official paper would default to the current newspaper. He asked that Council pass on this item and he would research the date. 7) Approve the 2006 Residential Recycling Program Joint Powers Agreement with Anoka County Nawrocki asked if this agreement is the same as last year. Fehst stated it is the same. P.7 City Council Minutes January 9, 2006 Page 3 of21 Nawrocki stated in the last negotiated contract we were told there would be a single container pilot program by fall and this would be a good place to use this money. Anoka has had a considerable increase in recycling with this program. Fehst agreed this money could be used for that program. The company pushed the program back and it will begin in the spring. Peterson stated that the Recycling Coordinator does have a date for the program. Motion to authorize the Mayor and City Manager to enter into the 2006 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $47,755.10 available as reimbursement for eligible expenses. 8) Approve Public Warks Blanket Orders for 2006 Purchases Motion to authorize staff to process blanket purchase orders in an amount not-to- exceed the 2006 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Contract and Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement. 9) Authorization to seek bids for 2006-2007 Diseased Tree Removal Program. Nawrocki stated that we should attempt to receive a bid from our local tree trimmer. Motion to authorize staff to seek bids for the 2006-2007 Diseased Tree Removal Program. 10) Authorization to seek bids for miscellaneous concrete program Motion to authorize staff to seek bids for miscellaneous concrete replacement and installation project. 11) Adopt Resolution No. 2006-04. being a Resolution to approve the addition of 2. 08 miles of County State Aid Highway in Anoka County. Nawrocki stated that block is already on the County State Aid system. Kevin Hansen, Public Works Director, indicated it is County Road 102 and they are changing the designation from 44th to 57th and from 57th to University to a State Aid Road. Motion to waive the reading of Resolution No. 2006-04, there being ample copies available to the public. Motion to adopt Resolution No. 2006-04, being a Resolution to approve the addition of2.08 miles of County State Aid Highway in Anoka County. CRI02 (Main Street/5ih Avenue NE) from CSAH 2 (44th Avenue NE) to TH48 (University Avenue) with the City of Columbia Heights to be designated as CSAHI02. RESOLUTION NO. 2006-014 Being a Resolution revising the County State Aid Highway System at CRl02 (Main Street/57th Avenue NE) from CSAH 2 (44th Avenue NE) to TH47 (University Avenue) within the Cities of Columbia Heights and Fridley to be designated as CSAH 102. The length of this segment is 2.08 miles. WHEREAS, the County Board of the County of Anoka did adopt a Resolution on November 22,2005, locating, establishing, designating and numbering the County State Aid Highway System of Anoka County; and, P.8 City Council Minutes January 9, 2006 Page 4 of21 WHEREAS, said Resolution locates and establishes certain County State Aid Highways within the corporate limits ofthe City of Columbia Heights, Minnesota. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the resolution adopted by the County Board, a copy of which is attached hereto and made a part thereof, locating or establishing the County State Aid Highway system within the City limits (and revoking certain pOltions of said system) is in all things approved. 12) Adopt Resolution No. 2006-05 being a Resolution authorizing application for 2006 Community Development Block Grant funding removed Fehst stated this would be for the demolition of the Mady's building. Nawrocld stated this is premature and asked where the money come from to buy the building. We should talk about what possible uses there are for that money. Kirsten Partenheimer, Community Development Specialist, stated though it may seem premature, the application is due today and we would have to wait another year to apply again. This is a great opportunity to use funding from another source. lfthe City decides there is a better use of the funds, they can be reallocated. Nawrocki expressed displeasure that this is the fIrst time Council heard of this application. Fehst reminded Council that the EDA has set this as a high priority for purchase, clean up and development. N awrocld took exception to this interpretation and reminded Council of the commitment to the Heritage Heights neighborhood and the discussion . of gym space. 13) Resolution 2006-02. Conditional Use Permit for Outdoor Storage at 683 - 39th Avenue NE. Case #2005-1201 - removed 14) Authorize application for one-time raffle request by the Tri-City Hockey Association on February 17.2006 at J.P. Murzyn Hall. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time raffle event to be conducted by the Tri-City Hockey Association on February 17,2006 at John P. Murzyn Hall, Columbia Heights, Minnesota, and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 15) Approve Business License Applications - Removed Nawrocki questioned appropriateness of the massage license in a residential neighborhood. Jeff Sargent, City Planner, stated that all qualifIcations and licenses meet our City Code. Nawrocki asked if the property owner was the applicant. Sargent stated it was. Nawrocki stated that in the past that this type of activity was limited to 39th Avenue. Sargent stated that after spealdng to the City Attorney this is not restricted by our zoning code. All necessary steps for licensing and permits were followed for massage therapy. 16) 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 11529 through 115610 in the amount of$2,233,264.12. Motion by Diehm, second by Kelzenberg, to aprrnve the Consent Agenda, with the P.9 City Council Minutes January 9, 2006 Page 5 of21 exception of items 3,6, 12, 13 and 15. Upon vote: All ayes. Motion carried. 3) Establish Work Session meeting date for Tuesday. January 17.2006. beginning at 7:00 p.m. in Conference Room 1. Diehm indicated that she has a conflict on January 17 and suggested meeting prior to the January 23 Council meeting, but knew that Councilmember Nawrocki may have concerns with limiting the time of a work session. Nawrocki stated that we do not have an agenda for that meeting. Fehst listed the work session items: used auto sale lots, board and commission liaisons, feasibility report for zone 7B, feasibility report for 2006 water main cleaning and lining project, and feasibility report for Prestemon Park athletic field lighting. Nawrocki stated that would be a heavy workload. Prior to this it was stated that we would not have a work session on the third Monday of the month and we would meet on the third Tuesday. Diehm stated she has a personal conflict. Nawrocki suggested meeting on Wednesday. Peterson stated that several Council members would be out of town. Diehm stated she could meet from 5:30 to 7:00 p.m. on the 17th. Nawrocki suggested meeting on Saturday. Fehst stated he would be unavailable. Peterson indicated if items were not completed from 5:30 to 7:00 p.m. on the 17th the meeting could be continued to the 23rd at 5:30 p.m. Motion by Diehm, second by Kelzenberg, to establish a Work Session meeting date for Tuesday, January 17,2006 beginning at 5:30 p.m. in Conference Room 1, with any uncompleted business to be continued to 5:30 p.m. on January 23rd. Upon vote: All ayes. Motion carried. 12) Adopt Resolution No. 2006-05 being a Resolution authorizing application for 2006 Community Development Block Grant funding Diehm stated it is irrelevant where there is an agreement as to how the funds are to be spent. Since there is a deadline, she would like staff to submit the application. We can have further discussion later, but we should not miss the opportunity to apply. Peterson stated that the Community Development Department through grant processes in the last 42 months has received $5.2 million dollars for our community. He commended them and asked them to continue on this path. Nawrocki stated that we have received community block grant monies for many years, though now Met Council funds are more competitive. Fehststated this is not to dismiss funds received in the past. This effort has been astounding and is to be applauded. Nawrocki stated his exception to the tone applied. Kelzenberg indicated it is foolish not to move ahead on the grant. They are willing sellers and we are willing buyers on the Madys property. Ifwe get the funds, we can use them on something else. Nawrocki stated again that staff waited until the last minute to tell Council about the grant application, which is poor staff work. This does not talk about the money to buy the property or other potential uses of the funds, such as Heritage Heights. P.lO City Council Minutes January 9,2006 Page 6 of21 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-05, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated he would vote for this motion, but wanted the record to reflect that if we do not go ahead with this project we will use the money for another project. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-05, being a Resolution of the City Council of the City of Columbia Heights, MiImesota authorizing application for 2006 Anoka County Community Development Block Grant (CDBG) funding for the purpose of demolition of the Mady's building at 3919 Central Avenue NE in the amount of $225,000; and furthermore, to submit said application to Anoka County. Upon Vote: All ayes. Motion carried. 13) Resolution 2006-02. Conditional Use Permit for Outdoor Storage at 683 - 3 9th Avenue NE. Case #2005-1201 Jeff Sargent, City Planner, stated JeffBahe is requesting a Conditional Use Permit (CUP) for Outdoor Storage at 638 39th Avenue for storage of vehicles they are working on. The Planning and Zoning Commission approved the CUP. A concern at the meeting was the 6 foot privacy fence. Staff has determined that a 20 foot setback from the front lot line would be best for the overall site line. Therefore, items 10 and 11 were added to the resolution following Planning and Zoning Commission approval. Nawrocki commented that the Planning and Zoning Commission did not recommend these two items. He was pleased with the requirements that cars be parked on blacktop, be licensed and be insured. The other auto storage areas in town should be required to follow these requirements. It will be an advantage to clean up this property. Nawrocki stated he would support the resolution. Kelzenberg questioned the Building Official about the violation for removing the Quonset hut. Larry Pepin, Building Official, stated the property owner came in for a removal permit to balance the record. Kelzenberg questioned how Mr. Bahe could be sure that the vehicles would be insured. Bahe indicated he would be responsible for the msurance. Peterson stated the diInensions of the blacktopping. Bahe stated there would be allowance for snow storage. Peterson felt the parking should be allowed all the way out to the fence. Bahe asked if the City would be open to allow the area to be paved. Peterson stated he felt that area would be used for parking. Sergeant stated the ordinance for outdoor storage must maintain the same set backs with or without a principal structure as the district in which they are applying. Anything else would require a variance through the Planning and Zoning Commission. Peterson stated there is storage across the street and asked if they held to these standards. Sargent stated yes, and he is investigating their conditional use permit. Nawrocki stated that if Bahe parks on the area between the fence and curb he is in violation of the ordinance. He can not sell cars or refer people there to look at cars, and they have to be licensed. He is trying to set up what is appropriate to clean up the storage of the used cars. We should move ahead to have these conditions in all storage areas. P.ll City Council Minutes January 9, 2006 Page 70f2l Kelzenberg commended the Planning and Zoning Commission for the work they did on tIns. It was very controversial. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006- 02, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes -1 abstention. Motion carried. Sergeant indicated that conditions 10 and 11 are to be included in the resolution. Motion to amend by Nawrocki, striking items 10 and 11, to be consistent with the Planning and Zoning Commission recommendation. Diehm stated that many times extra items are added to what the Planning and Zoning Commission recommends, so this should not be seen as a problem. Peterson called for a second to the motion. Nawrocki stated the proper action should have been a separate recommendation, and he does not hesitate to make changes that are right and proper. Staff should have brought this forward to the Planning and Zoning Commission. Hoeft stated the items are part ofthe Council resolution and the wording of the motion does not need to be changed. Sergeant stated that the resolution as presented to the Planning and Zoning Commission would meet our City Code by defInition, but the addition would be for the safety of the public. Kelzenberg stated that this was not brought up at the Planning and Zoning meeting. Sargent stated that a resident brought it up after the meeting, wmch prompted staff to do further research for safety. Kelzenberg asked Mr. Bahe ifhe has a problem with the additional conditions, the Council would be willing to listen. Bahe stated that he only asks the City to be consisted, and everyone be required to follow this new standard. Nawrocki stated his hope that this new standard would be enforced. Motion to amend died for lack of a second. Motion by Diehm, second by Kelzenberg, to approve Resolution No. 2006-02 permitting the operation of an outdoor storage operation located at 683 - 39th Avenue NE, subject to the conditions stated in the Resolution. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes -1 abstention. Motion carried. RESOLUTION NO. 2006-02 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BARE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2005-1201) has been submitted by Jeff Bahe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 683 - 39th Avenue NE P.12 City Council Minutes January 9, 2006 Page 8 of2l LEGAL DESCRIPTION: Lots 6 and 7, Block I, 2nd Subdivision of Block F, Columbia Heights Annex, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pernlit per Code Section 9.111 (E)(3), to allow outdoor storage in an industrially zoned district. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially sintilar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially dinlinish the use of property in the innnediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minintize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the in1mediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (]) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located within the setback requirements of the 1-2, Industrial District. 2. There shall be no outdoor storage of materials Jocated on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer, prior to use of the property. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line. 1 1. 11. There shall be no storage of materials between the fence and the front property line. 6) Designate Sun Focus News as the official City Newspaper for 2006 Hoeft stated that if Council does not act on the official newspaper it would default to the past carrier. Fehst stated that the major concern was when we ask to have events covered they are either not covered or receive limited coverage. This has improved in the past month after Keith Windschitl from the Recreation Department spoke to them. They have promised to work with us. Peterson stated that we have got their attention. Nawrocki indicated the need to speak to them about the lack of delivery to all homes in Columbia Heights and recommended the motion be amended to include this. Motion to amend by Nawrocki, second by Kelzenberg, to speak to the Sun Focus News about improving delivery to all residents of Columbia Heights. Upon vote: All ayes. P.13 City Council Minutes January 9,2006 Page 9 of21 Motion to amend carried. Motion by Kelzenberg, second by Diehm, to designate the Sun Focus News as the official City newspaper for 2006 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Upon vote: All ayes. Motion carried. 15) Approve Business License Applications Diehm ask the City Attorney to clarify "home occupation" relative to massage therapist. Hoeft stated the committee reviewing the City Code discussed this. This is not an adult oriented business. She has provided the class certificates and licenses required. Nawrocki stated his belief that this type business would be restricted to 38th Avenue. Hoeft stated that adult oriented businesses are allowed in the industrial area. Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for January 9,2006 as presented. Williams requested assurance that this is not another name for an escort service. Hoeft indicated that the business has insurance, schooling, a license, and meets all requirements. Nawrocki questioned if it is the resident that has applied for the permit. Sargent stated yes, it is. Upon vote: All ayes. Motion carried. Fehst stated he experienced an injury on Friday and may not stay the entire evening. Nawrocki indicated he has asked for a financial report on the industrial park project and has not received a complete report. He is looking for a fmancial statement of costs on the parkway, consultant, staff time, and where the money will come from. Nawrocki requested his position be clearly stated that we gave good people working for the city and we provide good service in public safety. We use our resources to the best [mancial advantage. He stated he has previously expressed feelings about the City Manager and doing more with less. Ifhe has done a good job for the City for the last three years, we need to look at more than three years especially with all the homes being build. We won't get any money from these areas for 20 to 26 years to pay for the services. We have to begin to anticipate how we will pay for these services. PUBLIC HEARINGS A. Adopt Resolution No. 2006-01 ordering and leVYing one mid-block light at 7th Street and Washington, from 45th Avenue to 46th Avenue. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 01, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2006-01, being a Resolution P.14 City Council Minutes January 9, 2006 Page 10 of21 ordering and levying one mid-block light located between 7th Street and Washington Street, from 45th Avenue to 46th Avenue, known as P.I.R. 677-36. Upon vote: All Ayes. Motion carried. RESOLUTION NO. 2006-01 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT NO. 677-36 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifYing and confmning all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-36 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 9th day of January 2006, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-36 for mid-block alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel ofland is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. B. Adopt Order conceminl;! hazardous building on property located at 4152 Cleveland Street described as PIN 36-30-24-14-0022 Hoeft stated the condition of this property has had Council interest for some time. The Building Official has made the determination that the structure is hazardous by MN Statute. One option is to declare it a hazardous structure. This would require the property owner meet code compliance. This Order provides for 30 days, which Council can change allowing for significant improvement or to revisit the progress prior to submission to the District Court. Hoeft stated that procedure was followed and all interested parties were notified of tIns meeting. Peterson stated that he just spoke to the owner, who has indicated he has cancelled the sale contract that was in place. John Havrilal(, PO Box 1, Randall, MN, stated he was notified that Mr. Staples has very good credit for construction. They have put a large amount down and are paying $900 monthly. His attorney has suggested he cancel the contract of deed within 60 days if progress is not made. Peterson asked the City Attomey for advise on how to proceed. Hoeft stated that communication is moving forward and suggested possibly tabling action to the next meeting or declaring the property a nuisance with a timetable of 30 or 60 days and revisiting the issue at that time. Peterson asked if the City is liable if we do not move ahead. Hoeft indicated the City would not br P.15 City Council Minutes January 9, 2006 Page 11 of21 Williams indicated he knows this gentleman and asked for background on the property. Havrilak stated it was an investment property, whereby the owner lifted the roofto change it from a three story to a two story and then went to jail. Havrilak referred to problems of theft from the property. Pepin stated that prior to his employment with the City, there was a second story put on the building without a building permit, even though inspections were done. There is not a frost footing under tlle building. The current owner is moving forward. The house does not need to be tom down; it needs to be fixed. Nawrocki stated tlns has been going on since last year and action needs to be taken. Peterson opened the public hearing. Mr. Staples, 7201 York Avenue, Edina, stated he is part owner and wants to get this property fixed. He indicated that he just found out that the other owner did not pay the taxes. Kelzenberg questioned if the second floor is acceptable. Pepin stated it would have to meet current code. Hoeft stated the proposed motion is to adopt the order to meet the current code within 30 or 60 days. Diehm stated the explanation ofthe cancellation of the contract of deed, but that Mr. Staples would step in. Peterson asked Staples ifhe is willing to move ahead. He indicated that he would work with Mr. Havrilak toward that end. Diehm asked for a clarification from staff. Hoeft stated that tabling the public hearing would bring the issue back at a later time to see if action has been take rather than begin proceedings to raze the building. Tabling the issue would also avoid having to notice all parties again. Diehm stated there would be no harm adopting the order, as it would only set a time line on paper. She stated the frustration of the public to this point. There would still be time to repair the structure. Nawrocki stated that the time has come to put pressure on the owner. The house should be modified and repaired within 60 days. Hoeft stated this should be placed on the City Council calendar for March 16, 2006. Motion by Nawrocki, second Diehm, to adopt the Order concerning the hazardous building on property located at 4152 Cleveland Street described as PIN 36-30-24-14- 0022, and authorizing the Mayor and City Manager to execute the same. Peterson closed the public hearing. Upon vote: All ayes. Motion carried. P.16 City Council Minutes January 9, 2006 Page 12 of21 C. Adopt Resolution No. 2006-06, being a Resolution for Rental Housing License Revocation at 4236 Polk Street NE. Peterson opened the Public Hearing. Motion by Williams, second Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-06, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second Kelzenberg, to adopt Resolution No. 2006-06, Resolution of the City Council of the City of ColUlllbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section5A.408(A) of the rental license held by Alnoor Aquil regarding rental property at 4236 Polk Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-06 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Aqil Alnoor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4236 Polk Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 9, 2005 of an public hearing to be held on January 9, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 23, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 9, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 submit an application for rental license. b. Failure to schedule a rental license inspection. 4. 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, Chapter 5A, Article ill 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4236 is hereby revoked; 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. D. Adopt Resolution No. 2006-07, being a Resolution for Rental Housing License Revocation at 4536 Heights Drive NE Peterson closed the Public Hearing as the property has been brought into compliance. P.17 City Council Minutes January 9, 2006 Page 13 of21 E. Adopt Resolution No. 2006-08, being a Resolution for Rental Housing License Revocation at 1215 3 7th Avenue NE. Peterson opened the Public Hearing. Motion by Williams, second by Diehm, to table Resolution No. 2006-08, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Brian Buch regarding rental propeliy at 1215 3 7th Avenue NE. Upon vote: All ayes. Motion carried. F. Adopt Resolution No. 2006-09, being a Resolution for Rental Housing License Revocation at 621 51 st Avenue NE. Peterson closed the Public Hearing as the property has been brought into compliance. G. Adopt Resolution No. 2006-10, being a Resolution for Rental Housing License Revocation at 1124-26 45th Avenue NE Peterson opened the public hearing. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-10, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second Kelzenberg, to adopt Resolution No. 2006-10, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section5AA08(A) of the rental license held by Delanza Elliot regarding rental property at 1124-26 45th Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-10 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rentaIlicense held by Delanza Elliot (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1124-26 45th Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 23,2005 of an public hearing to be held on January 9, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 18, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 23, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncolTected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on January 4,2006, inspectors for the City of Columbia Heights performed a final inspection and noted that two violations remained uncolTected. 4. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to-wit: a. Failure to COlTect RMC violations. The violations are as follows; P.lS City Council Minutes January 9, 2006 Page 14 of21 i. Shall repair the roof on the house. Storm damage ii. Shall repair the garage where it was damaged by the tree. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7125 is hereby revoked. 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. H. Adopt Resolution No. 2006-11. being a Resolution for Rental Housing License Revocation at 3953 Jackson Street NE Peterson closed the Public Hearing as the property has been brought into compliance. Diehm asked to receive information about licenses that have been revoked, if they have been reinstated, fees generated, and paper work caused. Gorman stated that fees would be increasing and in the spring would increase to ten times the original amount. Gorman referred to past problems with last minute requests for inspections. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions A) Second reading of Ordinance No. 1502, being an Ordinance amending R-2, One and Two Family Residential District Jeff Sargent, City Planner, stated this would establish a new zoning district requiring minimum lot sizes of 12,000 square feet beginning January 2006 for all new duplexes. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1502, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1502, amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Ordinance placed at the end of this docUlnent. B) First reading of Ordinance No. 1504, vacating a pOliion ofthe University Avenue Frontage Road. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1504, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to establish a second reading of Ordinance No. 1504, vacating a portion of the University Avenue Frontage Road for Monday, January 23,2006, at approximately 7:00 p.m. in the City Council Chambers. Nawrocld stated this action is premEtture, as we do not know what will be placed there and he has heard they want more money. This is extra land they think they should have at no increased cost to them. P.19 City Council Minutes January 9, 2006 Page 15 of21 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Other Business A) Elected Official Out of State Travel request Peterson stated the 2006 League of Minnesota Cities Congressional City Conference in Washington DC, from March 11 to March 15, 2006 was brought to his attention by Councilmember Nawrocki's request to attend. All Councilmembers indicated interest to attend. He stated he since has realized the dates are Wednesday through Monday, which would include require rescheduling a regular City Council meeting. Peterson indicated that Councilmember Nawrocki has attended these conferences in the past. He asked for the feelings of other Council members. Kelzenberg stated he would not mind going, as he has never attended an out of state conference. Williams stated he would like to attend, but would pay his own expenses ifhe did attend. Diehm stated that this is a high quality conference and would be a benefit to attend, but we must be honest with our citizens on the cost versus the benefit of sending the entire City Council. She stated that Councilmember Nawrocki has always attended and brought back information to share. She suggested, in the future, rotating who attends. Peterson indicated he had lunch with Congressman Sabo last week and felt it was very beneficial, and mentioned that the Council members may be at this conference. However, this would come with a cost to the city. He stated that in 20 years on the Council he has taken one National League trip, but he has never submitted for reimbursement of food or gas for even local events and would not have any guilt for submitting for this cost. Fehst stated that in the budget review, funds were allotted for the attendance of one member. Nawrocki stated that in keeping with the new state law, he went through the process to draft the required letter, made the budget estimates, and spoke to the City Manager. He thought the changes had been made to the budget, and was surprised they had not been made. The Manager said there were funds available. Nawrocki stated that when he saw everyone on the Council wanted to attend he thought it was interesting. This is one of reason the State Legislature changed the law, because of one group sending all five members to Hawaii. He stated he would have no problem with all members attending, as he believes strongly in openness in government. Nawrocki stated that he serves on committees ate the conference there like the finance committee. He suggested Councilmembers might want to attend the National League of Cities conference rather than the Congressional League conference. Peterson withdrew his request to attend. P.20 City Council Minutes January 9, 2006 Page 16 of21 B) Elected Official Out of State Travel request Motion by Williams, second by Kelzenberg, to approve attendance of Councilmember Nawrocki at the 2006 League of Minnesota Cities Congressional City Conference in Washington DC, March 11 to March 15,2006, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Peterson asked how we catalogue expenses. Fehst stated a request could be made for up to a certain amount without receipts. Nawrocki stated that the City does the registration, and he shops around for airfare, with the rest submitted after the fact on a City voucher form. Nawrocki stated the other conference is in December. He stopped attending that one because of city expenditure concerns. Williams suggested that Councilmembers all attend the State conference. Upon vote: All ayes. Motion carried. C) Elected Official Out of State Travel request Ke1zenberg withdrew his request to attend. D) Elected Official Out of State Travel request Diehm withdrew her request to attend. E) Elected Official Out of State Travel request Williams stated that ifhe attends he would pay his own way. F) Approve Increase to the Mayor-Council section of the General Fund budget Fehst indicated tins would not be required if only one Councilmember attended the conference. Nawrocki stated this kind of accounting should be required for all staff out of state travel. ADMINISTRATIVE REPORTS Report of the City Manager · Met with Congressman Sabo regarding: o Community Development Block Grand funds o Funding for a community center/gym. Council has spoken with the YMCA and will speak with the School District. Wants this to happen quicldy. o Replacement of the bridge over 49th. Discussion of development across from tIns. Nawrocki listed the history of the 49th and Central Avenue bridge and the University Avenue bridge. This meeting should have been held as a body. Diehm stated that Sabo offered to come speak to the Council. · Chaudhary has stated he would meet with us, the County, and the other communities he P.21 City Council Minutes January 9, 2006 Page 17 of21 represents on Eminent Domain. The industrial area was completed with the use of only one limited eminent domain proceeding, clearing 30 acres of bad soil. Nawrocki stated that Eminent Domain should be used with discretion. Fehst left the meeting. Nawrocki stated that a Legislative law indicated that the City must publicize the three highest salaries on cable or in their newsletter, on an annual basis. Diehm stated that Linda Magee addressed this and it would be posted by position on our web site. Hoeft distributed a copy of what is posted on the web site. Nawrocki stated that the City newsletter goes to everyone and that web site access is limited. He stated that the salary for the City Manager is incorrect. Peterson requested that this topic be placed on the next work session. Williams stated that making this information public is a good thing. Nawrocki indicated that he had asked for this item to be placed on the Council agenda. Diehm stated that the law indicated the base salary be posted. Nawrocki stated that was not the intent. Williams stated the law indicated the web page is allowed. Report of the City Attorney - none CITIZENS FORUM -none COUNCIL CORNER Diehm e EDA toured with DSU to see development projects in St Louis Park, Golden Valley, and Shoreview. Interesting to see progress. Excited to see that we have joined the ranks of developing cities. · Thank you to our employees for their work throughout the year. Our green sheet is filled each week with items fi.'om Police, Fire, Public Works, Recreation, the Library, and the things they do. · January Value is Respect, and the definitions are Consideration and Regard. These are good to follow as we move forward into the new year. Williams · Our staffhas obtained over $5 million in grants through the Met Council, Anoka County, etc. and we have made those decisions as a Council. We have a great staff. Diehm indicated that we have just received an additional $798,000 and $58, 000 in grant funds. · Wished everyone great health in the N ew Year for our citizens - may 2006 be the best year of our lives. · Tri City Hockey is having a Sweetheart fundraiser on February 17. The raffle was approved tonight. Kelzenberg . Thanked the City employees for the goodjob they do. · Sgt. Dietz is retiring after being with our Police Department for 15 years and 10 months. . Read the number of 2005 Fire calls from the Green Sheet. P.22 City Council Minutes January 9,2006 Page 18 of21 · We ran out of $.02 stamps at the post office today. Nawrocki · Took the opportunity to look at the roundabout. A planner's delight and user's nightmare. A waste of money. If you want to make a left hand turn, you have to go all the way around. · Jim Labelle's relatives called. Told the history of LaBelle's Medal of Honor. There are only two Medal of Honor holders in Anoka County. The plaque at Murzyn Hall needs to be placed in a more accessible spot. We need to raise funds for replacement of the plaque by Labelle Park and at least shine it up for now. · Showed the Environment Assessment draft for the North Star Corridor Rail. A hearing will be held January 25 in Coon Rapids. · Think we have good people and give good service, but concerned about long range finances. Take exception about comments at the budget meetings about surpluses. Thinlc we don't do a good job on budgets. We need to look at doing more with less. · Referred to his brochure from his last election campaign. Feels he is doing what he has promised he would do, and will continue to do so. Peterson · Steve Synowczynski is our 2005 employee of the year. Asked that he be invited to a Council meeting to be recognized. · Sgt. Dietz retirement will also come to a Council Meeting. Would like to recognize our retirees. . Thinks the roundabout is fun. · This Thursday there will be a press conference announcing the Peace Clock. Showed an artist's rendition by Kathryn Vesley. Information and sponsorship forms will be available. At the base of the clock will be a time capsule to be opened on the 150th anniversary of our City in 2048. Asked that staff look for the "lost" time capsule. The old cobble stone from Central Avenue will be used for the base as part of the fund raising. Invited everyone to the press conference. The clock will cost about $25,000 and will be in place by the Jamboree. We will be dealing with "plaque people" so we will keep the Labelle plaque in mind and we will raise funds to get it restored. We can not forget the past. $1,200 has all ready been donated. When this was announced at the Volunteer dinner, Nawrocki gave the first donation and Marie Przynski immediately gave the second donation. Tonight JeffBahe donated $1,000. . Don't take ourselves too seriously. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:44 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.23 City Council Minutes January 9, 2006 Page 19 of21 ORDINANCE NO. 1502 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R- 2, ONE AND TWO F AMIL Y RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards: (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fa~ade of the living area portion of the dwelling or a covered porch (measuring at least six feet by eight feet) by at least five feet. (b) If located on a comer lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley ifthe lot abuts an alley. Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-l R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sa. ft. 6,500 sa. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 12,000 sq. Two-Family and Twinhome ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwellings January 1, 2005 - 5,100 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. 10,000 sq. Multiple Family Dwelling ft. 10,000 sq. ft. 10,000 sq. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum Lot Width 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 5 feet* 5 feet* 20 feet 10 feet Comer Side Yard 10 feet 10 feet 30 feet 15 feet Rear Yard 20% afIot 20% ofIot 30 feet 15 feet depth depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 30 feet 30 feet 25 feet 10 feet Comer Side Yard 10 feet 10 feet 30 feet 15 feet P.24 City Council Minutes January 9, 2006 Page 20 of21 Rear Yard 30 feet 30 feet 25 feet 10 feet Single and Two Family Parldng Setbacks Front Yard (Excluding drives/pads) 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet Comer Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parldng Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet I 0 feet 10 feet Comer Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 1 0 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 Chapter 9, Article I, Section 9.109 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS (F) R-2A and R-2B, Two Family Residential District. 1) Purpose. The purpose of the R-2A and R-2B Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R- 2A and R-2B, Two-Family Residential District: a) Single-family dwelling, detached. b) State licensed residential care facility serving 6 or fewer persons. c) Licensed day care facility serving 12 or fewer persons. d) Licensed group family day care facility serving 14 or fewer children. e) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R- 2A and R-2B, Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Two-family dwelling b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B, Two Family Residential District: P.25 City Council Minutes January 9,2006 Page 21 of21 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. P.26 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 23, 2006 AGENDA SECTION: Consent NO: 5-A- J.. ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: Establish Work Session Meeting Date for Februmy 6, 2006 NO: BY: WaIter R. Fehst DATE: January 23, 2006 It is suggested to schedule a City Council Work Session for Monday, February 6, 2006 beginning at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Monday, February 6, 2006 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: P.27 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 23,2006 AGENDA SECTION: NO: Consent S-A-] ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: Res. No. 2006-14, support of Peace Clock BY: Walter R. Fehst DATE: January 23, 2006 CITY MANAGER'S APPROVAL By:?Jfj"t>i/-- NO: DATE: / Fundraising has begun for the Peace Clock, which will be donated to the City of Columbia Heights and dedicated at the 2006 Jamboree. The clock will be placed on the northeast comer of 40th Avenue and Central Avenue. This brings up incidental tasks that staff may assist with. Therefore, it would be advisable for City Council to recognize and support the direct and indirect City involvement with the project. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution No. 2006-14, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-14, being a Resolution supporting the "Columbia Heights Peace Clock" COUNCIL ACTION: P.28 RESOLUTION NO. 2006-14 BEING A RESOLUTION SUPPORTING THE "COLUMBIA HEIGHTS PEACE CLOCK" WHEREAS: The City recognizes the need to develop civic pride through citizen involvement and participation; and WHEREAS: Mayor Gary L. Peterson has begun a 501.C.3 Corp Activity Flmd accepting donations toward a Columbia Heights Peace Clock to be placed on the public right-of-way at the intersection of Central A venue and 40th Avenue, and WHEREAS: Donors may receive their name engraved on a brick in the courtyard or on a plaque; and WHEREAS: A time capsule, with the message of peace, would be buried at the base of the clock with the intent to be opened on the l50th Anniversary of our City in 2048; and WHEREAS: The intent is to dedicate the Peace Clock to the City of Columbia Heights at the Jamboree on June 23, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council recognizes and supports the necessary direct and indirect City involvement toward the dedication of the "Columbia Heights Peace Clock". Passed this day of January, 2006 Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.29 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 23, 2006 AGENDA SECTION: Consent NO: 5-A- ORlGINATING DEPARTMENT: Administration CITY MANAGER'S APPROVAL ITEM: Reappointment to EDA NO: BY: Walt Fehst DATE: January 19,2006 Background: The City Council requests that the following reappointment be made: Economic Development Authority - Pat Jindra Terms will expire: January 6, 2012 RECOMMENDED MOTION: Move to reappoint Pat Jindra to the Economic Development Authority with the term to expire on January 6, 2012. COUNCIL ACTION: P.30 CITY COUNCIL LETTER Meeting of January 23,2006 AGENDA SECTION: Consent NO. S--A ~!> ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso4 DATE: January 17, 200b<\U\} ITEM: Approve Raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church BY: / DATE: NO. BACKGROUND: The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51 st Avenue N.E., Columbia Heights, Mimlesota, has submitted a request to conduct a raffle on May 2, 2006 in St. Timothy's Lutheran Church, 825-51 st Avenue N.E., Columbia Heights, Minnesota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25 pennit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51 st Avenue, Columbia Heights, on May 2, 2006; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. mId Attachments 06-006 COUNCIL ACTION: P.31 Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 Page 1 of 2 11/04 An exempt permit may be issued to nonprofit organizations For Board Use Only conducting lawful gambling activity on five or fewer days, and Fee Paid awarding less than $50,000 in prizes during a calendar year. Check No. Organization Information Organization legal name Previous license or exemption number, if any Ldlle ~ya,qeurs/ ;V/CJnfe.s50rt' Se/7oo/,. /J?C!.. )(-,3L/3.5!o -()5- GOI Street City State and zip code County 82.5 5/51 Ave.., ;1/,6- a It! /J?IJ/a,~i 9); ~ /J1/V 55 Ljj. / Anoka Name of chief executive officer (CEO) First name Last name Daytime phone number .0 lao//E.. Prow"e IP.5/ - ~05 - C:>5'Cj 5 Type of nonprofit organization (check one) D Fraternal D Religious D Veteran gJ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office D Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) LI ille ~ ya,qet..(fS/ itlonfcSsor/ 5c/) 001 @ St. liJnolAv:S Lulhcra/J tAl Address (do not use PO box) City Zip code County 825 5isf Ave" IV E Co luml)/Q., t-Ie(Jhis 5542/ Anokct Date(s) of activity (for raffles, indicate the date of the drawing) %es~/ ;??~ .:<..; ZOOI/::; Check the box or boxes that indicate the type of gambling activity your organization will be conducting: D *Bingo JRl Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards *Gambling equipmentfor pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all ofthe information that you have provided to the Board in the process of applying foryourpermitwill become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to P.32 rd; the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Organization Name Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Page 2 of2 11/04 Check the action that the city is taking on this application. r-Yrhe city approves the 'application with no ~ waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. oate.QLJ~ Oh If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. O The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county Signature of county personnel receiving application Title Oate_/----.-I_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township Signature of township official acknowledging application Title Oate-1-1_ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and re rned to the Gambling C [rol Board within 30 days of the date of our gambling activity. _ /. Chief executive officer's signat r Name (please print) Mail application and attachments Complete an application for each gambling activity: . one day of gambling activity . two or more consecutive days of gambling activity . each day a raffle drawing is held oate~/ /tf/-.1L Send: . the completed application, . a copy of your proof of nonprofit status (see instructions), and . a $50 application fee. Make check payable to "State of Minnesota". To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 P.33 """"'....... u LITTLE VOYAGEURS. MONTESSORI SCHOOL 825 51ST AVE COLUMBIA HEIGHTS, MN 55421 5546 m " x i ~ ~ c z ~ ~ .. 17-21910704 ~ .('f) p..; Date /- /. -?- 0& For /'j/?lr-cJ S H 118-00000055... bll8 1:0 g .0000 2 21: $25~ N_____...._.__.~._.:_._~_.___,._ Doffar.s ffi SBcurllv .. FBBlurtlB r DBIBlIlI'on Back. M' "llliI!N;- -'1Im1_ ..."'.-...n.............l!II.oa=n!ll=ruan .-11 "1IIlI!::......................=-._ - -"-................. "tlflW.'llL ___._.__ 8m .,. ....""...__ ~...__=>..'I'IIlIII~ -.......""'-.....:mIIl'P.lI'lII!&lI CITY COUNCIL LETTER Meeting of: January 23, 2006 AGENDA SECTION: CONSENT NO: 5-A-~ ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: LELS LABOR AGREEMENT - POLICE OFFICERS BY: DATE: NO: f ~. ) The labor agreement between the City and Law Enforcement Labor~ervicesl representing Police Officers, terminated on December 31, 2005. Negotiations between the City's negotiating team and LELS have resulted in a mutually acceptable labor agreement for calendar years 2006 and 2007. As you may recall, negotiations for the previous contract resulted in an impasse, and ultimately arbitration. The p~oposed changes are as follows: Wages: 2006: 2007: 3% adjustment over 2005 wages 3% adjustment over 2006 wages Insurance: 2006: $625 per month (2005 2007: $645 per month $555 per month, plus additional $70 for 2005 only) Longevity: 2006: 3% adjustment over 2005 2007: 3% adjustment over 2006 Job Assignments: Investigator, School Liaison, and Corporal Pay: 2006: $130/month (2005 = $125/month) 2007: $135/month Field Training Officer: Those employees assigned as Field Training Officers shall receive .15 hours of compensatory time for each of their shift spent performing Field Training Officer duties (2005= 1 ~ hours compensatory time for each full shift) Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $300 per full-time employee for 2006; $300 per full-time employee for 2007 (2005= $1 for every $2 contributed; $300) Miscellaneous Incorporation of vacation pick language which reflects the current practice. Added language to contract regarding maximum compensatory time employees can have banked (currently occurs administratively) . COUNCIL ACTION: ~35 CITY COUNCIL LETTER Meeting of: January 23, 2006 Page 2 of 2 Pages AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: LELS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: POLICE OFFICERS DATE: 1-13-06 DATE: NO: Clarified language on maximum accumulation of sick leave (from number of days to number of hours) . Added specific language to the contract addressing Employer's right to request verification from a medical doctor for uSe of sick leave. Added specific language to the contract giving the Employer the right to start newly hired employees up to the two year rate of pay, based on previous training and experience. Attached is a resolution which calendar years 2006 and 2007. incorporating the changes. would adopt and establish the changes as negotiated for Also attached is a copy of the new contract language RECOMMENDED MOTION: Move to' waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-13, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. COUNCIL ACTION: P.36 RESOLUTION 2006-13 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCElVIENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007. WHEREAS, a copy of said contract is available for inspection at the Office ofthe City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this _ day of ,2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk P.37 January 4,2006 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LELS (POLICE OFFICERS) 1. ARTICLE IX SENIORITY 9.6 One continuous vacation period shall be selected on the basis of seniority between November 1 to November 30 of each calendar year for vacations to be taken in the following calendar year. A second continuous vacation period shall be selected on the basis of seniority between December 1 and December 31 of each calendar year for vacations to be taken in the following calendar year. A continuous vacation period is defmed as three or six consecutive work days. 2. ARTICLE xm OVERTIME 13.8 An Employee may choose to receive compensatory time in lieu of monetary payment for overtime hours worked. CompensatOlY time may be accumulated to a maximum of 30 hours. Compensatory time earned as a result ofField Training Officer duties is banked separately, and may be accumulated to a maximum of 30 hours. 3. xvn INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of six hundred and twenty-five ($625) dollars per month per employee for calendar year 2006 for group health, including dependent coverage, life and long term disability insurance. 17.2 The EMPLOYER will contribute up to a maximum of six hundred and forty-five ($645) dollars per month per employee for calendar year 2007 for- group health, including dependent coverage, life and long tenn disability insurance. 17.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 17.4 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee of health, life, and long term disability insurance dollars in Articles 17.1 and 17.2 for dental insurance for unit employees. P.38 January 4,2006 4. ARTICLE XXI LONGEVITY Employees with continuous employment shall receive a supplementary pay in the amount set forth below: After four (4) years of continuous employment........... . 2006 $ 80.68/month 2007 $ 83.l0/month After eight (8) years of continuous employment........... $ 1 34.48/month $138.51/month After twelve (12) years of continuous employment. ... ... $188.25/month $193.90/month After sixteen (16) years of continuous employment. . . . . . $242.04/month $24930/month 5. ARTICLEXXIII SICKLEAVE 23.2 Sick leave may be accumulated to a maximum of 960 hours. One half (1/2) of the sick leave in excess of 960 hours shall be granted as additional vacation leave the calendar year after such surplus is earned. 23.5 The EMPLOYER retains the right to request an employee to present wIitten veIification from a medical doctor after the use of three consecutive days of sick leave, or sooner if the EMPLOYER has reason to believe an employee is abusing sick leave. . 6. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 2006, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 2007. 7. WAGERATES 1. a. Effective January L 2006 After 36 months of continuous employment...... ........ ....... .... ......... .. .$4,804.00 per month Top Patrol Rate Start.................... .................. ............... ..................... ....... ...65% of Top Patrol Rate After 6 Months. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .70% of Top Patrol Rate After 1 year....................................................................... ..80% of Top Patrol Rate After 2 years......... ....................... ....................................... .90% of Top Patrol Rate After 3 years............ ................... ................................................. .Top Patrol Rate P.39 Janaury 4,2006 b. Effective January L 2007 After 36 months of continuous employment.................................... .$4,948.00 per month Top Patrol Rate Start..................................................... ............................ ...65% of Top Patrol Rate After 6 Months. ..... .... ...... .... .......... ....... ....... ...... ... ..... ... ........ .70% of Top Patrol Rate After 1 year................... ................................................... ...80% of Top Patrol Rate After 2 years................................... ...................... .............. .90% of Top Patrol Rate After 3 years......... ......................... .............................................. . Top Patrol Rate c. Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the two year rate of pay. d. As a form of additional compensation, the City will contribute $1 per pemmnent and probationary full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $300 for calendar year 2006 and $300 for calendar year 2007. 2. a. Employees classified or assigned full time by the EMPLOYER at its sole discretion to the following job positions, will receive per month the amounts set forth below opposite the assignment or such amount pro rated for less than a full month in addition to their regular wage rate: Investigator (Detective). . . . . . . . . . . . . . . . . . . . . . . . . . . School Liaison Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 2006 $130 $130 2007 $135 $135 b. In the event the EMPLOYER at its sole discretion should determine to classify or assign any employees full time to the position of Corporal, such employees will receive One Hundred Thirty Dollars ($130) per month or One Hundred Thirty Dollars ($130) prorated for less than a full month in addition to their regular wage rate for 2006, and One Hundred Thirty-Five Dollars ($135) per month or One Hundred Thirty-Five Dollars ($135) prorated for less than a full month in addition to their regular wage rate for 2007. c. Employees assigned as Field Training Officers shall receive .15 hour of compensatory time for each hour of their shift spent performing Field Training Officer duties. The City reserves the right to change, alter, add to, or modify its proposal. PAO COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: Janumy 23,2006 AGENDA SECTION: Items for Consideration NO: 5-A~1 ORIGINATING DEPARTMENT: Community Development ITEM: Stipulation of Settement, Kremer & Davis Property, Parcel H, 3900 Jefferson Street NE (AKA 627 and 703 39th Avenue NE.) BACKGROUND: The acquisition of the Kremer Davis property located at 3900 Jefferson Street NE (AKA 627 and 703 39th Avenue NE) was necessmy for right-of-way in the construction of Huset Parkway. BY: Randy Schumacher DATE: Janumy 19, 2006 CITY MANAGER'S APPRO AL The City was unable to negotiate a settlement with the owner and authorized a taking for public purpose action. Prior to the hearing that was scheduled to determine a final property value, the property owner agreed on a compromised settlement. The stipulation provides that the City will pay Kremer and Davis, Inc. $260,000, plus interest on the portion of that amount which remains unpaid (settlement agreement). The $260,000 is a compromise between the Cities appraisal amount of $250,000 and the owners, appraisal amount of $270,000. All acquisition costs associated with this property to date have been funded by Community Development Block Grant dollars($247,908.82). The attached letter from the Columbia Heights EDA's attorney outlines the [mandai settlement. The estimated remaining amount due to the owner is $13,292.55. RECOMMENDATION: Staff recommends approval of the stipulation of settlement that authorizes payment to Kremer and Davis, Inc. in the amount of $260,000 for the property at 627 and 703 39th Avenue NE, plus interest on the portion of that amount which remains unpaid and funded with CDBG or Minnesota State Aid Road funds. RECOMMENDED MOTION: Move to approve the stipulation of settlement that authorizes the City of Columbia Heights to pay Kremer and Davis, Inc. $260,000 for the above descr~bed property plus interest on the portion of that amount which remains unpaid. This stipulation of settlement shall be funded with Community Development Block Grant or Minnesota State Aid Road funds. Attachments COUNCIL ACTION: h:\ Y.41 Kennedy .' 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax hrtp:llwww.kennedy-graven.com C H ART ERE 0 ROBERT J. LlNDALL Attorney at Law DirectDiai (612) 337-9219 Certified Real Property Law Specialist January 9, 2006 Randy Schumacher Proj ect Manager City of Columbia Heights 590 - 40th Avenue NE CollU1lbiaHeights, MN 55421-3835 RE: City of Colmnbia Heights v. Greif Bros. Cooperage Corporation, et al. Anoka COlU1ty District Comi File No. C7-05-1679 Kremer & Davis, Inc. ("Owner") Parcel H: 3900 Jefferson St. NE (aka 627 and 703 - 39th Ave NE) ("Property") Dear Randy: Enclosed are five counterpaIi original Stipulations of Settlement between the City aIld I<I"emer &Davis, Inc. settling I<I"emer & Davis, Inc's. damage claim due to the City's talcing of the above property. The Stipulations have been signed on behalf of Kj.-emer & Davis, Inc. aIld by their attorney aIld me but they need to be signed on behalf ofthe City. The agreement is subject to City Council approval. The Stipulation provides that the City will pay I<I"emer & Davis,.1Jlc. $260,000, plus interest on the pOliion of that aInOlU1t which remains lU1paid ("Settlement AmOlU1t"). The $260,000 is a compromise between the City's appraisal anlolU1t of$250,000 aIld the Owner's appr?risal aInount of $270,000. On April 15, 2005, the City deposited $192,000 with the District Comi Administrator as the City's estimated value ofthe Properiy ("Quick Talce Deposit"). That aInOlU1t remains on deposit. The Stipulation provides for the Quick Talce Deposit to be disbmsed to I<I"emer & Davis, Inc. together with the interest accrued thereon. Previous to the Stipulation, I(j'emer &Davis was entitled to receive tlle interest. The Quick Talce Deposit applies toward the payment of the Settlement AmOlU1t, but tlle interest does not. On Aplil15, 2005, tlle City also deposited $55,908.82 with the Comi Administrator from a graIlt which the City had received ("Additional Deposit"). Depositing it with the Comi enabled tlle City to control tllese TImds lU1til fmiher direction by the City in cOlmection Witll the acquisition aIld remediation of the Propeliy. These fimds have continued to accrue interest which the City was entitled to receive previous to tlle Stipulation. I called tlle District Comi Administr"ator on December 29,2005 to obtain ail estimate oftlle aInOlU1t of interest which has accrued on tlle Additional Deposit. Although it was not possible for tlle RJL-273411v1 PA 2 CL205-025 Schumacher Letter JallUal)' 9, 2006 Page 2 of3 COlUi Administrator to provide me with the exact alnOlUlt, from the infonnation provided to me, I estimate that the Additional Deposit will have accrued interest of approximately $838.63 between April 15, 2005, the date of the deposit, alld JallUal)' 15,2006. The Stipulation provides for the Additional Deposit alld the interest to be disbmsed to the Owner in pali payment ofthe Settlement A1nolUlt. The Stipulation provides for the City to issue a check payable to the Owner for the remainder ofthe Settlement A1nount and interest on the $68,000 difference between the Settlement A1nount alld the Quick Talce Deposit. Based on the foregoing, I estimate the alnOlUlt of the City's remaining payment to be calculated as follows: Settlement A1nOlUlt $260,000 Less Quick Talce Deposit 192,000 Remaining Principal AmOlUlt Due $68,000 Interest Due on Remaining Principal A11l0lUlt From Date of Quick Talce Deposit to Date of Payment (April 15, 2005 through Janual)' 15, 2006 estimated date of payment at 4%, the judgment rate of interest). $2040 Total Remaining Principal alld Interest Owed (as of J allUal)' 15,2006) $70,040 Less Additional Deposit 55,908.82 Less Estimated Interest on Additional Deposit 838.63 $13.292.55 Estimated Remaining A1nolUlt Due as of Janual)' 15, 2006 Please submit the Stipulation Agreement to the City Council for approval at the next meeting. If you believe it is desirable for me to be present at the meeting, please let me know. Since we Call't be absolutely celiain ofthe interest eall1ed on the Additional Deposit or the date of payment, please obtain authority to malce the final payment in accordallce wi"!h the Stipulation with the understanding that we don't clUTently lmow the precise alllOlUlt of interest accmed on the Additional Deposit alld the date of the final payment. When the Stipulation is signed by the City, we will submit it to the District Comt for signing by the judge and issuallce of the checks. When the checks are issued by the COlUi we will know the exact anlount ofthe check to be issued by the City. I would expect that the alllOlUlt of the final payment by the City will be no less tIlall $12,792.55 alld no more thall $13,792.55. The check should be made payable to Kremer & Davis, Inc. alld sent to me for transmittal to tile Owner's attorney. RJL-273411vl CL205-025 P.43 SchlUllacher Letter January 9,2006 Page 3 of3 Please have the Stipulations signed on behalf of the City. You may retain one for the City's file. Please send the others to me. Let me know if you have any questions. z RJL:rec Enclosure cc: Steve Bubul RJL-273411vl CL205-025 P.44 Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTYOFANOKA TENTH JUDICIAL DISTRICT Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, STIPULATION OF FINAL SETTLEMENT vs. PARCELH Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation; Greif Containers, Inc., a Delaware corporation; Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, nka Soo Line Railroad Company, a Minnesota corporation; Buckles & Buckles, LLC, a Minnesota limited liability company; MidAmerica Bank, by merger, nka Wells Fargo Bank, National Association; United States Small Business Administration; Central Minnesota Development Company, a Minnesota non-profit corporation; Region Truck-Equipment, Inc., a Minnesota corporation; Daro J. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS LNING TRUST dated March 22, 2001, and any amendments thereto; Scott A. Smith; Spouse of Scott A. Smith, if any; SteelTech, Inc., a Minnesota corporation; Florence V. Pearson; Spouse of Florence V. Pearson, if any; Soo Line Railroad Company; Kremer & Davis, Inc., a Minnesota corporation; City of Columbia Heights; County of Anoka; all other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, Respondents. RJL-272448vl PAS '. . THIS AGREEMENT is entered into tIns 3 rt![ day ~?%?uc,,/- ' 200B by and between the CITY OF COLUMBIA HEIGHTS, a municipal corporation lll1der the laws of Minnesota, located at 590 40th Avenue NE, Columbia Heights, MN 55421, Petitioner herein ("City"), and Respondent Kremer & Davis, Inc., a Minnesota corporation ("Owner"). I. RECITALS 1.01. The City commenced this proceeding to acquire the real estate located at 3900 Jefferson Street NE (aka! 627 and 703 - 39th Avenue NE), Columbia Heights, MN 55421, which is identified as Parcel H and legally described on Exhibit A attached hereto and incorporated herein ("Parcel H"). 1.02. The Court entered its Findings of Fact, Conclusions of Law and Order Transferring Title and Possession of Property with respect to Parcel H which was filed in the office ofthe District Court Administrator on April 4, 2005. 1.03. The Court entered its Findings of Fact, Conclusions of Law and Order Appointing Commissioners with respect to Parcel H which was filed in the office of the District Court Administrator on April 4, 2005. 1.04. On April 15, 2005, the City deposited $192,000.00 with the District Court Administrator as its estimate of the damages caused to the owners of Parcel H by the City's taking of Parcel H in this matter ("Quick Take Deposit"). The Quick Take Deposit remains on deposit with the above Court and is accruing interest pursuant to law. The interest accruing on the Quick Take Deposit belongs to the Owner and other respondents named herein, as their interests may appear. On April 15, 2005, the City deposited additional fimds with the District Court Administrator in the amount of $55,908.82 which remain on deposit with the Court for use as directed by Petitioner in relation to acquisition and re-use of the Property. ("Additional Deposit") The Additional Deposit remains on deposit with the Court and is accruing interest pursuant to the RJL-272448vl 2 P.46 Court's previous order herein. Interest accruing to the Addititional Deposit belongs to the City and is subject to its direction as is the Additional Deposit. 1.05 The Owner has paid real estate taxes payable with respect to the Property in 2005 and previous years and the entire unpaid balance of special assessments levied against the ~roperty. 1.06. City has previously reimbursed Owner for appraisal fees in the amount of $1500 which were incurred by Owner in this proceeding. 1.07 The City and Owner have reached agreement upon the total amount of damages to be paid to Owner in [mal settlement of all of Owner's claims as a result of the City's taking herein of Parcel H by City and desire that this Agreement describe the terms of said settlement. IT. AGREEMENT NOW, THEREFORE, in consideration of the premises, their mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby. acknowledged, the parties hereto hereby agree as follows: 2.01. Incorporation of Recitals. The foregoing recitals are made a part ofthis Stipulation. 2.02. Settlement Amount. The City and Owner agree to settle the claim of Owner with respect to the acquisition of Parcel H for the total amount of $260,000, which sum includes the City's deposit and all amounts remaining due and owing with respect to Parcel H in this proceeding, including but not limited to amounts due and owing for just compensation, interest, and costs and disbursements including appraisal and attorney fees, except interest. 2.03. Disbursement and Payment of Settlement Amount. This agreement is subject to City Council approval. Provided that City Council approval is obtained, (a) the City and Owner stipulate and agree to the entry of an order of the District Court authorizing and directing the disbursement by the District Court Administrator of the amounts on deposit herein with respect to RJL-272448v1 3 P.47 " . Parcel H as follows : (i) the Quick Take Deposit plus interest accrued thereon from the date of deposit to the date of disbursement, by check payable to Kremer & Davis, Inc., which shall be mailed or delivered to counsel for Kremer & Davis, Inc.; and (ii) all remaining amounts on deposit with the District Court Administrator (the Additional Deposit) shall be paid by a separate check payable to Kremer & Davis, Inc., which shall be mailed to or delivered to counsel for the City ("Separate Court Payment"); and (b) City shall issue a check payable to Kremer & Davis, Inc. for the amount ("City Supplemental Amopnt") by which $260,000, plus interest at the judgment rate on $68,000 from June 1, 2005 to the date of payment, exceeds the Quick Take Deposit plus the Separate Court Payment. 2.04. Within 15 days after City Council approval is obtained, counsel for the City shall submit the proposed order to the District Court requesting the Court to order the disbursements provided above. Within 15 days after receipt by counsel for the City of the checks issued by the District Court Administrator as above provided, the City shall issue its check for the City Supplemental Amount and counsel for the City shall mail or deliver all such payments to counsel for Owner. 2.05 Subject to performance by City in accordance with this Agreement, Owner waives any and all rights to any further notices, viewings, or hearings regarding the instant condemnation action. RJL-272448vl 4 P.48 Dated: ltt%?UvVfI "] , 200;; / (j ~ 2000 , - Dated: : Dated:r7 9 200 6 , .- Dated: ,200_ RJL-272448v1 And 5 P.49 BABCOCK, NEILSON, MANNELLA AND KLINT, PLLP By:~~;Jf~ James M. Neilson Attorneys for Kremer &Davis, Inc. 118 E. Main St. Anoka, MN 55303 763-421-5151 KREMER & DAVIS, INC., a Minnesota ~( Its V.p. ~ By: Robert J. Lindall (63277 Bryan D. Shirley (3129 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Attorneys for City of Cohunbia Heights CITY OF COLUMBIA HEIGHTS By: Gary Peterson Its Mayor Its City Clerk I . m. ORDER IT IS NOW HEREBY ORDERED as follows: 3.01 Kremer & Davis, Inc. has satisfied all preconditions to the disbursement of the Quick Take Deposit with respect to Parcel H which is cunently being held by the District Court Administrator in the amOlmt of$192,000. 3.02 The District Court Administrator shall release the Quick Take Deposit in the amount of $192,000 and all interest accrued thereon with respect to Parcel H without further proceedings. 3.03 The Check releasing the $192,000 Quick Take Deposit and accrued interest shall be made payable to Kremer &Davis, Inc. and mailed to: James Neilson Babcock Neilson Mannella & Klint PLLP 118 E Main St. Anoka, MN 55303 Attorney for Respondent 3.04 All-additional amounts on deposit with the District Court Administrator with respect to Parcel H have been held subject to the further direction of the City of Columbia Heights and it has been agreed in the foregoing Stipulation to the payment thereofto Kremer & Davis, Inc. 3.05 The District Court Administrator shall release the additional funds of$55,908.82 held by it herein with respect to Parcel H ("Additional Deposit") and all interest accrued thereon without further proceedings. 3.06 The check releasing the $55,908.82 Additional Deposit and accrued interest shall be made payable to Kremer & Davis, Inc. and mailed to: Robert J. Lindall Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street ~eapolis,MN 55402 Attorney for Petitioner Dated: January --' 2006 Judge of District Court RJL-272448vl 6 P.SO -:,"",.. J ~ ~,t /. ~ I'" . EXHIBIT A PARCEL H (Torrens Certificates No. 70385 and 70386) (pIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E.. Columbia Heights, MN) and (pIN No. 35-30-24-43-0046 (703 -39th AvenueN.E., Columbia Heights, MN) Legal Description of Property to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd Subdivision of Block F, Cohunbia Heights Annex 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 Registrar of Titles in and for Anoka County, Minnesota Being Registered Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office of the Company, a Minnesota corporation Registrar of Titles as Document No. 15308 Anoka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property RJL-272448v1 7 P.51 CITY COUNCIL LETTER Meeting of 1/23/06 AGENDA SECTION: CONSENT AGENDA NO: ~I-\-~ ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR 2006 SANITARY SEWER PIPE LINING PROJECT Background: Public Works annually budgets $100,000 for pipe lining to address pipe deficiencies. Through the sewer lining televising program, utility crews televise and inspect 16,000 - 20,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining. Analysis & Conclusions: Three segments of pipe are recommended for lining in 2006: 1. 635 feet oflS" VCP clay tile on 5th Street, from 37th Avenue to 39th Avenue. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 2. 1,420 feet of IS" VCP clay tile on 39th Avenue, from Jefferson Street to 5th Street. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 3. 167 feet of IS" VCP clay tile on Jefferson Street, from 39th Avenue north to the first manhole. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. Recommended Motion: Move to authorize staff to seek bids for the 2006 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. KH:jb COUNCIL ACTION: P.52 CITY COUNCIL LETTER Meeting of: 1/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGERJ NO: 5-A~q PUBLIC WORKS ITEM: ADOPT RESOLUTION 2006-15 ACCEPTING BY: K.Han'e~ ~1 THE FEASIBILITY REPORT FOR ZONE lA STREET DATE: 1/18/0 SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0601 Background: Staff has developed preliminary plans and prepared a Feasibility Report for Zone lA ofthe Seal Coat Program. The Zone lA area is bounded by Central Avenue on the west, 37th Avenue on the south, Reservoir Blvd on the east, and 45th Avenue on the north. Zone lA streets not included in the 2006 Street Rehabilitation program will be seal coated. Also included is 41st Avenue from 6th Street to the alley east of 7th Street. Streets rehabilitated in 1997 with full or partial street reconstruction or an overlay will be seal coated, but will not be assessed. Analysis/C 0 n elusions: The seal coat program helps preserve and maintain existing bituminous streets in good driving condition. Particular issues are summarized below: 1. Assessment Methodology: The Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are 1/3 of the street rate extending V2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $ 213.00 per Street parcel and $ 71.00 per Avenue parcel. 2. Financing: The estimated construction cost is $91,035. Seal coating of streets not included in the 1997 street rehabilitation program is 100% assessed, estimated at $63,670. Seal coating of streets included in the 1997 street rehabilitation program is paid for by the City, estimated at $27,365. 3. Meeting dates: Staff is recommending the public improvement hearing be scheduled before the hearing for Zone 7B and lA, on March 6, 2006. Staff anticipates the bidding process will be handled by the City of Coon Rapids as part of a four or five City JP A for various street maintenance activities. Recommended Motion: Move to waive the reading of Resolution No. 2006-15, there being ample copies available to the public Recommended Motion: Move to adopt Resolution No. 2006-15, being a Resolution accepting the Feasibility Report for Zone lA, City Project 0601, and calling for the Public Improvement Hearing beginning at 6:00 p.m. on March 6, 2006. KH:jb Attachment: Resolution Proposed area map Feasibility Report COUNCIL ACTION: P.53 RESOLUTION NO. 2006-15 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE lA STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0601 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-15, a report has been prepared by the Director of Public Works with reference to the Zone IA Street Seal Coating Program, and WHEREAS, Zone IA is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23,2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$63,670. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 23rd day of January, 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.54 I III 391/2 __ 1- - I~ ffiB-ITIr on " [[]]J:ID Z < I > ~'Irll ,VE I ~ 1 ---j I -hIll- - ~ ~Itfr U1 bW I--- I 11 City of Columbia Heights ZONE1A PROPOSED 2006 SEAL COAT .J ~ LEGEND - SEAL COAT (Assessed) SEAL COAT (City Share) ... = CITY OF COLUMBIA HEIGHTS ~. .. I GIS I ENGINEERING DEPARTMENT t. W 'Map Date: January, 20061 . Map Author: KYoung :J City of Columbia Heights FEASIBILITY REPORT FOR 2006 STREET REHABILITATION SEAL COAT IMPROVEMENTS CITY PROJECT 0601 January, 2006 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 ~:. 763-706-3701 (Fax) P.56 LOCATION: BITUMINOUS SEAL COAT IMPROVEMENTS ZONElA COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 0601 The following local bituminous streets in Zone 1A are included: 41st Avenue Circle Terrace Blvd 42nd Avenue 42 12 Avenue Fillmore Street Pierce Street East of Central Avenue 40th Avenue to Reservoir Blvd Central Avenue to Reservoir Blvd Cul-de-sac to Cul-de-sac 42nd Avenue to 4212 Avenue 4212 Avenue to 43 12 Avenue Also included is 41 st Avenue from 6th Street to the alley east of ih Street. This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface. INITIATION: OWNERS BENEFITTING: OWNERS IMPACTED: ISSUES: FEASIBILITY: City Council, as part of an ongoing bituminous street preservation strategy. The location of each street is described below and shown on the attached map. The total number of assessed parcels is 535. This is comprised of 530 privately-owned parcels and 5 City-owned parcels. 1. 2. 3. 4. 5. 6. 7. 41 st Avenue, East of Central Avenue Circle Terrace Blvd 42nd Avenue 42 12 Avenue Fillmore Street Pierce Street 41 st Avenue, 6th Street to East of ih Street (208) (48) (89) (44) (32) (73) (41) The City Council identified the need to preserve and maintain the existing bituminous streets and extends the life of the pavement in good driving condition. The improvement as proposed is necessary, cost-effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. 1 P.57 SCHEDULE: Construction is scheduled to begin in the spring of 2006, with substantial completion occurring in late summer. This year the seal coat contract is being administered by the City of Coon Rapids under a joint powers agreement with several north-metro cities. Council accepts Feasibility Report and orders Public Improvement Hearing Bid Opening for Seal Coating (City of Coon Rapids) Public Improvement Hearing and Council orders Public Improvement Project Columbia Heights Council Approves Bids Coon Rapids' Council Awards Contract Begin Construction - Bituminous Repairs (Force Account) Begin Construction - Seal Coat (project-wide) Construction Completed (Project-wide) January 23 February 28 March 6 March 13 March 28 May 1 June 5 September 15 FINANCING: The estimated cost for Seal Coating is $63,670. ASSESSMENT: The Seal Coating project for those street listed above will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are 1 h of the street rate extending ~ block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $ 213.00 per Street parcel and $ 71.00 per Avenue parcel. As provided for in the Street Rehabilitation Policy, the cost for Seal Coating streets that were overlaid or reconstructed (partial or full) as part of the street rehabilitation program is being paid by the City. Those streets were rehabilitated in 1997 and include the following: Peters Place Gould Avenue 41 st Avenue, West of Reservoir Blvd McLeod Street Royce Street Leander Lane Also included is 42nd Avenue at 7th Street. DESCRIPTION OF WORK INVOLVED: . Public Works Staff - provides bituminous street repairs and patching throughout the Seal Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient bituminous areas, and patching or paving with new bituminous. . Concrete curb and gutter repairs - provide repairs to short segments of curb & gutter due to damage or joint separation which impedes gutter flow. . Application of Seal Coat (emulsion and cover aggregate) - Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading F A-3 modified granite or trap rock as a cover aggregate. The road surface is finished by rolling with a tire-based roller for proper aggregate penetration and distribution. - P.S8 2006 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT 0601 ZONE 6 STREET SEAL COATING PROGRAM (Sections 35 and 36, T30N, R24W) Seal Coating: Estimated Cost $ 63,670. Assessable Frontage Street: Avenue: 11,250 LF 14,766 LF Estimated Cost per Parcel Street: Avenue: $ 213. $ 71. ~ P.59 CITY COUNCIL LETTER Meeting of: 1/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: crr;/(!;e 5"A~1 0 PUBLIC WORKS ITEM: CLEANING AND LINING OF 3,200 LINEAL BY: K.Hanse~ 'Ii!fi FEET OF WATER MAIN UNDER THE MINNEAPOLIS DATE: 1/19/0 1\.T: ,Yj~r 2006 PROGRAM, CITY PROJECT NO. 0603 Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples, and continues to test the drinking water to ensure compliance with State-and Federal requirements. The problem in general is called 'tu,berculation' and results in restricted flows. In January of2005, Staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis IConclusions: In 2005, Columbia Heights had 3,000 lineal feet of water main cleaned and lined under the City of Minneapolis Cleaning and Lining Program. The two areas that were completed were: . Alley from 37th to 39th Avenue, between Polk and Tyler Streets, and . Jefferson Street, from 49th to 51 st Avenues City staff conducted a random survey following the completion of the project and attached is a summary of the comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 years or more of service. Based upon the first year positive results and project success, staff conducted C-Factor testing on other known problem areas of the water distribution system. A map indicating the results of the C-Factor testing is attached. C-Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C-Factor is then calculated which can be used to determine the amount of tuberculation in-pipe. Another way to look at a C-Factor is it is a measurement of resistance to flow in-pipe. New pipe will have a C-Factor of 120-125. We would have expected the C-FaCtors in the areas tested (based on age) to be in a range of 90-95. A general rule of thumb is values below a range of70-75 would indicate a pipe in poor condition, The measured C-Factors in the Madison, Monroe, and 50-1/2 Avenue measured 27 and 28 and C-Factors in the 50th and 49-1/2 Avenues measured 51: . - . Based upon the C-Factor testing, staff is recommending a 2006 Cleaning and lining Program for water main in the following streets and as depicted on the attached map: . Madison from 48th to 51 st Avenues . 48th Avenue from Jefferson to Monroe . Monroe from 48th to 49th Avenues The process of Mechanical Cleaning and Lining is shown on the attached diagram and involves shutting down a pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a I COUNCIL ACTION: P.60 CITY COUNCIL LETTER Meeting of: 1/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER !-A-IO PUBLIC WORKS ITEM: CLEANING AND LINING OF 3,200 LINEAL BY: K. Hansen BY: FEET OF WATER MAIN UNDER THE MINNEAPOLIS DATE: 1/19/06 DATE: 2006 PROGRAM, CITY PROJECT NO. 0603 Continued - 2006 Water Main Cleaning and Lining Program Page 2 mechanical cleaning device (sometimes called a 'pig') through the line to remove the encrustation. Depending on the severity ofthe interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface allowing the tuberculation process to start all over. Minneapolis utilizes Cement mortar lining by applying lean cement through a rotating head of a specific diameter. As the lining machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $35 to $55 per foot, depending on the pipe diameter and severity of buildup. The primary issue that was learned from the 2005 Cleaning and Lining Program was to get information out earlier to the affected areas. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. In the Jefferson area, we experienced 4-6 services per block that needed repair. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction ofthe City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed early this spring in the proposed program area. Based upon the 2005 Program costs from the City of Minneapolis, Staff is proposing a 2006 Program cost of$100,000, consistent with the amount established in the 2006 Water Construction Fund budget. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-16, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-16 which accepts the Feasibility Report for the 2006 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,200 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2006. Attachments: Program area map Resident survey summary Feasibility report Diagram of cleaning and lining process I I COUNCILACTION: P.61 RESOLUTION NO. 2006-16 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2006 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT - NO. 0603 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2006 Water Main Cleaning and Lining Program, and WHEREAS, the 2006 Water Main Cleaning and Lining Program includes the following main segments: Madison from 48th to 51 st Avenues, 48th Avenue from Jefferson Street to Monroe Street and Monroe from 48th to 49th Avenues WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23,2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost ofthe improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost ofthe improvement of $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of January, 2006, 4. These improvements shall also be known as Project No. 0603 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Dated this 23rd day of January, 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.62 2006 Proposed Watermain Cleaning & Lining Proposed Segments Impacted Parcels ( 80 ) [j ~"\ bJ~ ~ .-----/"'V CI Cl , [ :: ~ Bo I ~b b b t:l~~ L- ~I'~ ftl ~cBPEJI ~ 711 ---- ...........----.--- --- ;1,S.T. ./ ^,,[ @_ - [j;;J 5J .. 5or[]' 1.- 0 -~, 0 [~o ;::~l-ol I r-; J::l ~.kO Il.;ro [!!j6 j:?}2 ~8 ~4 8tJ:J04~~ js I- ~ -;.::tJ 1]:9 I f51I.6.=J I 0 L1 1-1 '- r;: 4 ( ~ ~ ~[/ II g ! ;'"'0 I 0 ~,-< -~ ~,-[~ ~ EJ~~~ Q29n, f!!t~ I ~~ I 503[} "'l": -:;" -- - -- - -;rr-i!-- -~5 S1 I I D. 5020 - C 502 I SQ2 5@tU ~ n I . I ~o Il~h Oc::JL..--L.,. 1J!2 50 1.2fl19 r ~{] I J;;;L IUU 'uu 'rt2J 718 72!4- EjO ,Jl!I4 Jj'o 012 020 ofur ~lh 0 D I 0',0 In n 0 [ '-' C IC 5010 lllliZ!~GJoh 5f] ~9 rk) ~6_ PrplJ C C [ 1 :J=l11 11L:i. 7 7 801 805 1;'l2ll-,,.ll1:i..., ~ p5, =- D~ 1B' D~ ~ _ _05000 II~ QP ~t _~O ~~~.: 10-_ ~ - g59 ~ Q[] 455 ' 4911. 057 [ P4950 85 E ~U'0 .1''- """ Q okll~ Q t.;J 45 ~ r1JJ 04~ ri9E] ~ ~ ~::~ I 69 L!-J C en: 4 T~ nfs] (l'I" !'P D"'tJ I 8' c 0 _'" d [~b IL 1. '. :J, G;ln ~. ~: ~ LJ4930 ~"[ ~L1 E:J~ EJ L:J: C D EJ4 o 4tfJ I ~h 491 I n_rl ~.~.------,m 49{l I, ~2h 49JJ I ~: ~ ~::n 85 rD D~ DO n D r11l4~ 9 5 40nil I Q,l', rl9o{] Q21 L U 492[] (l4el711 7t fO frn 800 804 '!lIlll["'I!: Imr'c 82r -:i V Q1h w. WJs 0 0 u !-I ~=r 490f} I r: ~~ [;1<>- [ 0 C [0 C ,-cl:J. -L ~ @:J ~ 4 0 I~ ,~..::J;;L 715 719 725 801 ~ 809 6ll 019 I~"f _ BOl C 4900 ~ ~5 I G;JD~DDO ,-0 _~L-ri' _ I 49 fH f\V I ~ \J055 0 -040!lSl liiI {]57 - ~ f, II 4 55 ~ U ~I 4=- J;I 447 4840 118: II I Q3h 40 I [l~ I I 8~ ::200.' (331 ~o i I Qp, II 4 ~ 481 ~UQ 482tJ I I g: II 4 ~5 401 I Do~ I I 40C I U1lD7n I . 40(~ I 1)00 '___l ; ;1 721 Iilij I~~ ol..-(m N ",(o( :e1~1~ Ie feltl ( ;J 5t; rln50 tI jU5D4 n1n503D Ij c053[ 4 15 == ,..-- 4lliO 4 1 4~ t ;:;i; 4 7 '"l. 0 ~ II [301 D o ~EVW S ELE~~ARY AND CEN MIDDLE SCH ~-~ <). Me KENNA 4757 2006 Water Lining.mxd P.63 2005 WATER LINING PROJECT 4901 Jefferson Before lining this Resident was experiencing very rusty water. After the lining he said the water is nice and clear his concerns was with the taste of concrete over all he felt the project went very well. . 4915 Jefferson Before lining the resident was experiencing very yellow water. And now the water is crystal clear and the taste is the same. They felt the project went very well. 4921 Jefferson Before lining the water was very yellow and now pleased to see clean water again. They also felt the proj ect went very well. 5 022 Jefferson Very yellow staining water. Happy to see dear water They felt the operation went very well and Was competed as they were told at the meeting. 3851 Tyler St. They felt they never had yellow water and the water has not changed for them the parking worked out ok for them. 3712 Polk St Before the project the water was very yellow and now they are happy with the results. The concerns they had was with the parking. At one time they had to call the police Department to assist in the problem. 3736 Polk Water was yellow before and clear now. Everything went well. 3812 Polk St. They did not seem to have and water problems before the project. The felt the parking was poor They are very please with the patch in the driveway. 3816 Polk St. Very yellow water. Water is clear now. Felt the project went Ok. 3828 Polk Water was ok before no change 3864 Polk St. They had no yellow water before the project. While they were hooked to the temporary line She thinks the water was bad because Her and her dog both became very ill and the only thing that she felt was wrong was the water. ' P.64 City of Columbia Heights FEASIBILITY REPORT FOR 2006 WATER MAIN IMPROVEMENTS: Cleaning and Lining CITY PROJECT 0603 January, 2006 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 ., 763-706-3701 (Fax) P.65 WATER MAIN IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA 2006 Cleaning and Lining PROJECT NUMBER 0603 LOCATION: 2006: On Madison Street from 48th to 51st Avenues, On 48th Avenue from Jefferson to Monroe Streets, and on Monroe Street from 48th to 49th Avenues. IMPROVEMENTS: Water Main Cleaning and Lining- Dig access holes at approximately 600 foot intervals, mechanically clean existing water main, cement mortar lining of water main, open service taps, disinfect water line, new gate valves, traffic control and restoration. INITIATION: City. OWNERS ABUTTING: Madison Street (48th to 51 st Avenues): 48th Avenue (Jefferson to Monroe Streets): Monroe Street (48th to 49th Avenues): (61) (10) ( 9) ISSUES: The following is a study ofthe key project issues. Water Main Cleaning and Lining The existing water mains in the identified streets have been C-Factor tested and shown to be severely tuberculated. 'Tuberculation' is a problem affecting unlined cast iron water distribution pipes, which was common prior to 1962. Iron builds up over time on the inside walls of the water pipe and enters the distribution system causing color and sometimes odor problems. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. Aside from the aesthetic issues, severe tuberculation results in restricted flows. Correcting the problem typically involves either replacing the water main or cleaning and lining the affected segments in place. Replacing water main can be very expensive due to the street restoration costs where street segments are not otherwise programmed for reconstruction. Cleaning and lining offers a viable alternative where entire street segments are not disturbed and only access pits are required at 400-600 foot intervals. Other factors, such as the condition of the pipe, soil conditions, and depth of cover should also be considered when evaluating cleaning and lining. The advantages of concrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance cost. Water Curb Stop Access and Operability To perform the water main cleaning and lining project, it is necessary to have the curb P.66 1 FEASIBILITY: SCHEDULE: FINANCING: ASSESSMENT: stop box (water shut off valve) located on the water service accessible and operable (see attached diagram 1 depicting a water service). The necessity is driven by the process that once the line segment is cleaned and cement mortar lined, each individual service tap is covered with the cement mortar and needs to be 'opened' to restore service. This is performed within a window of one hour after lining process by open each curb stop and blowing water back into the line from the water service. Depending on the area and the age of the water service, some curb stops are either not accessible or do not work, requiring repair. The proposed improvement project is necessary to clean, line and restore adequate flow through segments the water main distribution system. It is cost-effective without full street reconstruction, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. The water main cleaning and lining would be included with the existing City of Minneapolis annual program. Project construction is scheduled to begin in mid summer of 2006, with substantial completion occurring in the early fall of 2006. Council receives draft Feasibility Report and discusses issues Council orders Public Improvement Project Bid Opening Public Informational Meeting Begin Construction Construction Completed January 17 January 23 (Minneapo lis) May 11 July 10 September 30 Financing would be 100% Water Construction Fund for the cleaning and lining of the main line and assessments for service repairs. 2006 Water Main Cleanin!! and Linin!! The estimated construction costs for the 2006 Cleaning and Lining project are as follows: 3,000 Lineal Feet: $105,000. Water Curb Stop Repair(s) The estimated construction costs for the 2006 curb stop repairs are as follows: Curb Box Repair: $ 990. Curb Box and Stop Each: $ 1,350. The assessment will be based on a per service basis, based upon the actual cost to repair the individual water service. P.67 :L House I' FoundatiQ~, , Water Meter Entrance Valv~ Copper Pipe Curb Box Lid . Curb Box f" , Curb Stop Curb and Gutter ~~~i: PRIVATE WATER SERVICE- W ATERMETER TO WATER MAIN P.68 Metering pump /- -"'~. Air, base and activator hose \ P.69 CITY COUNCIL LETTER Meeting of: 1/23/06 ITEM: RESOLUTION 2006-12 ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7B & lA STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0502 BY: K. Hansen DATE: 1/18/06 Kt1 AGENDA SECTION: CONSENT AGENDA 5-A-/1 ORIGINATING DEPARTMENT: PUBLIC WORKS Background: Staff has developed preliminary plans and prepared the Feasibility Report for Zone 7B & lA of the Annual Street Rehabilitation Program. The 2006 Project Area is bounded by California Street to University Avenue, from 37th to 45th Avenues and Central Avenue to Reservoir Boulevard, from 37th to 45th Avenues. Council amended this area in January of2004 to Zones 7A and 7B due to the scope of work. Zone 7 A was completed in 2004 and the Street Rehabilitation Program was delayed for one year to accommodate the Huset Parkway. Analysis IConcIusions: Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 7B and lA. Particular issues are summarized below: 1. Rehabilitation Strategies: Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial reconstruction, and full reconstruction. In Zone 7B, full and partial reconstruction or mill and overlay is proposed for the street identified on the attached area map. A fourth strategy, seal coating, is addressed under separate engineering reports when seal coating work is proposed. Staff utilizes three methods in evaluating the condition of the street and determining appropriate treatment: '1. Present physical structure (cross-section): Each street within Zone 7 A has been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. 2. Non-destructive strength determination and condition rating: Braun Intertec, a geo-technical engineering consultant, conducted tests on all streets at 50-foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also develops their own pavement conditions index. 3. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quantity of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maximize the life of the street. 2. Utilities Replacement: Utilities have been reviewed in Zone 7B & lA and the attached area map represents where staff is recommending replacement. Of water main. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility replacements. Many ofthe water mains were installed in the early 1900's in this area and are unlined which contributes to water quality problems. COUNCIL ACTION: P.70 CITY COUNCIL LETTER Meeting of: 1/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2006-12 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 7B & 1A STREET DATE: 1/18/06 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0502 Continued - Page 2 3. Assessment Methodology: Street Rehabilitation Zones 1, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zones 4, 5, 6A, 6B and 7 A, a "unit" assessment methodology was employed rather than using a "front foot" rate basis. The area of Columbia Heights west of Central Avenue is essentially a block type development pattern with streets and aveimes. The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a unit basis methodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent avenues receive. 4. Scope of Work: . At the January 20th, 2004 work session, the Zone 7 area was divided into two separate zones, 7 A & 7B. With the completion of Zone 7 A, staff is recommending adding and dividing Zone 1 into two zones along 45th A venue. Zone 1 is recommended for Mill & Overlay only on the streets shown, as many ofthe other streets in this area were rehabilitated in 1997. Streets that were rehabbed in 1997 would receive a seal coat at no cost to the property owner following the Program Policy. The cost sharing policy provides a 50/50 cost share for full reconstruction streets, 70/30 for partial reconstruction and 85/15 for mill & overlay. 5. Financing: Street Rehabilitation Zone 7 A: The estimated construction costs are as follows: 1. Full street reconstruction: 2. Partial street reconstruction: 3. Mill & Overlay reconstruction: 2. Utiliti es: $631,825 $ 194,580 $ 292,825 $ ** Project funding is proposed as follows: Assessments: Infrastructure Fund: Sanitary Sewer Fund: Water Construction Fund: Storm Sewer Fund: $ 766,910 $ 342,320 $ ** $ ** $ ** The costs and associated funding for utility work (**) will be further developed during the final design. COUNCIL ACTION: P.71 CITY COUNCIL LETTER Meeting of: 1/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2006-12 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 7B & 1A STREET DATE: 1/18/06 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0502 Continued - Page 3 6. Past Assessments: Zone 7B & 1A do not have areas that have had improvements assessed in the last 10 years on the proposed program area streets. 7. Concurrent Projects: None. 8. Utility Issues: Staff has evaluated both the sanitary sewer system and the storm sewer system for maintenance needs or improvements. The sanitary sewer main system has been cleaned and televised by staff and the reports indicate that overall the condition of the piping is acceptable with minor corrective recommendations by staff. At some locations, primarily on 3rd Street, the private sanitary sewer service pipe has settled away from the connection to the sanitary sewer main. (This connection is commonly referred to as a "wye".) Staff is estimating approximately 20 service connections will need to be replaced. In accordance with the City ordinance this is owned by the homeowner and will be assessed similar to the water service. The report does provide deficiencies several catch basins in Zones 7B & 1A and minor pipe replacements. Staff is recommending replacement of structures and piping due to deteriorated block or brick construction and concrete pipe. Staff has also conducted an age survey of water service lines in areas where the water main will be replaced and recommends that sub-standard water service lines be replaced and assessed to the benefiting properties for the actual construction cost. 9. Meeting Dates: Staff has established the following meeting dates: Resident Informational: Public Hearing: February 16th, 2006 March 6th, 2006 Recommended Motion: Move to waive the reading of Resolution 2006-12, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2006-12, which accepts the Feasibility Report for Zone 7B & 1A Street Rehabilitation, City Project No. 0502, and calling for the Public Improvement Hearing beginning at 6:30 p.m. on March 6, 2006. KH:jb Attachments: Resolution Feasibility Report COUNCIL ACTION: P.72 RESOLUTION NO. 2006-12 BEING A RESOLUTION ACCEPTING THE FEASffiILITY REPORT FOR ZONE 7B AND lA STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and 1A area of the Street Rehabilitation Program, and WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 37th Avenue to 45th Avenue. WHEREAS, Zone 1A is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23, 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,103,105. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 23rd day of January, 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.73 STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ZONE 7B AND lA PROJECT NUMBER 0502 LOCATION: ZONE 7 (Original Zone) - AREA BOUNDED BY CALIFORNIA STREET TO UNIVERSITY AVENUE, FROM 37TH AVENUE TO 45TH AVENUE, AND UNIVERSITY AVENUE TO CENTRAL AVENUE, FROM 37TH AVENUE TO 40TH AVENUE. ZONE 7B - AREA BOUNDED BY CALIFORNIA STREET TO UNIVERSITY AVENUE, FROM 37TH AVENUE TO 45TH AVENUE ZONE 1 (Original Zone) - AREA BOUNDED BY CENTRAL AVENUE TO RESERVOIR BLVD, FROM 37TH AVENUE TO 47TH AVENUE ZONE lA - AREA BOUNDED BY CENTRAL AVENUE TO RESERVOIR BLVD, FROM 37TH AVENUE TO 45TH AVENUE This feasibility study includes an analysis of proposed street rehabilitation within Zones 7B and IA. IMPROVEMENTS: Full Street Reconstruction- Concrete curb and gutter, granular sub-base if needed, new aggregate base and new bituminous surfacing. Partial Street Reconstruction - Random curb and gutter replacement as required, granular sub-base if needed, new aggregate base and new bituminous surfacing. Mill and Overlay - Random curb and gutter replacement as required, and new 1 Yz" to 2" bituminous surface. Utility Construction - Water main construction and replacement as required to improve or maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. P.74 FEASIBILITY: SCHEDULE: preserved except for sections with poor drainage and/or driveway openings with drive-over curbs that will be removed and replaced. Mill and Overlay The proposed construction would consist of milling up to I Y:z" of bituminous cross section and paving a new 1 Yz" to 2" bituminous mat. Existing concrete curb and gutter would be preserved except for sections with poor drainage and/or driveway openings with drive-over curbs that will be removed and replaced. Utilities Water main replacement is proposed for 2nd Street, 3ih to 40th Avenues, and 2 Y:z Street, 3ih Avenue to Edgemoor Place and approximately 150' on Edgemoor Place. Staff is estimating approximately 37 water services may need to be replaced. This is based on the number of homes built before 1950 and 2 apartment buildings which share a service. The type and size of water service is field verified during construction. Any water service other than % " or larger copper is replaced. Inoperable stop boxes will also be replaced. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Sidewalk City staff recommends hazardous sidewalk within Zones 7B and 1A be replaced as part of the project and included with the cost. Hazardous sidewalk will be assessed in accordance with the City policy. The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Construction is scheduled to begin in late spring of 2006, with substantial completion occurring in the late summer of2006. Council receives draft Feasibility Report and discusses issues Council receives final Feasibility Report and orders Public Improvement Hearing Public Informational meeting prior to Public Improvement Hearing Public Improvement Hearing and Council orders Public Improvement Project Council Approves Plans and Specifications, Authorizes Advertisement for Bids Bid Opening Council Awards Contract Begin Construction Construction Completed January 17 January 23 February 16 March 6 March 13 May 2 May 8 June 1 September 3 P.75 .J FINANCING: ASSESSMENT: Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds (population apportionment), and utility funds. Zone 7B The estimated construction costs for each option are as follows: Full street reconstruction $ 631,825. Partial street reconstruction $ 194,580. Mill and overlay $ 96,330. Type of Construction Full Reconstruction Partial Reconstruction Mill and Overlay Infrastructure Fund $ 273,125. $ 35,605. $ 8,525. Proposed Assessments $ 358,700. $ 158,975. $ 87,805. Zone lA The estimated construction costs for each option are as follows: Mill and overlay $ 180,375. Type of Construction Mill and Overlay Proposed Assessments $ 158,030. Infrastructure Fund $ 22,345. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed as part of the Zones 7B and lA project will be paid for from the appropriate utility fund. Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending Y:z block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. P.76 4 2006 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 0502 ZONES 7B AND lA STREET REHABILITATION PROGRAM (Sections 35 and 36, T30N, R24W) I. FULL RECONSTRUCTION Estimated Cost: $ 631,825. Assessable Cost: $ 358,700. Assessable Frontage Street: 4,703 L.F. Avenue: 1,303 L.F. Estimated Assessed Cost per Parcel Residential Street: $ 2,985. Residential Avenue: $ 995. IT. PARTIAL RECONSTRUCTION Estimated Cost: $ 194,580. Assessable Cost: $ 158,975. Assessable Frontage Street: 4,493 L.F. Avenue: 301 L.F. Estimated Assessed Cost per Parcel Residential Street: $ 1,932. Residential Avenue: $ 644. ITI. MILL AND OVERLAY Estimated Cost: $ 276,705. Assessable Cost: $ 245,835. Assessable Frontage Street: 10,484 L.F. Avenue: 11,142 L.F. Estimated Assessed Cost per Parcel Residential Street: $ 996. Residential Avenue: $ 332. 'p'77 oJ ~_.- ,--. .-.- I-- I I I ~~[:J ~ IJJI[I]]]]~WllilliWJ ~_~IIIIlJIIOnDIIJml],lIIIJIDIJ} . _ _. mnIlllJI[:rrlIlIIlIIJ::nrnllIIIl10tlR~ nmmrn ,.... m .... _ ~~'j{""cc;, "" " .. ... ., ..., .'.... DIDJJJJJJIl]]2ND ST ~l.D'''' ~ ;g; "....m ..<lI~ ~III IIII1111 I I~~. .~. ~..... 3RD rnn:nn .... [[[[[[]JJ]]]. "rrTTfmrrr '(;''' ~. ,,". ITJJI]kJ--Lll-W-kU ill''', "". l EI ~ ~. ~ ~DTIII nil.... ST ~ ",. 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I OUINCY ST _.. 11L1IJJJ1UillJ I DIJJI[[[8 REVISED CITY COUNCIL LETTER Meeting of: Janmuy 23, 2006 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Janumy 19, 2006 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the January 23, 2006 City COlU1cilmeeting. This agenda consists of applications for Contractor licenses for 2006, mld a Tobacco License for the new owner of PYTamids Cafe. Immaculate Conception has requested a Temporary Wine/Beer License for events they are holding February 24-26, 2006 and on March 25, 2006. The Police Dept. has approved the licenses. Due to time constraints for the February event, I am re-submitting the license agenda to include these licenses on this agenda so I can finish processing them to meet the deadlines. At the top of the license agenda you will notice a phrase stating * Signed Waiver Fonn Accompmued Application. This means that the data privacy fonn has been submitted as required. If not submitted, celiain infonnation cm1110t be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for Janumy 23,2006 as presented. COUNCIL ACTION: TO CITY COUNCIL JanualY 10,2005 * Signed Waiver Fonn Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES * Alliallt Heating & AC 3650 Kenebec Dr, Eagan * Sedgwick Heating 8910 WentwOlih Ave So, Mpls *Pierce Refrigeration 1920 2nd Ave So, Anoka *Hilliard Heating 13790 268th Ave, ZinUnemlall *McQuillall Bros. 688 Hague Ave, St. Paul *J-Berd Mechanical 3308 Southway Dr, St. Cloud *Dependable hldoor Air 2619 Coon Rapids Blvd, CR * Silvernail Ent Ltd. 6603 36th Ave No, ClYStal * Stem Heating & Cooling 1927 W 5th St, Red Wing BLDG *St Paul Plumbing & Htg *Matthew Dalliels *Teny Overacker Plmnb *Rick's Plmnbing *Fig11al" Plmllbing **BalT Webb hldustries Roto Rooter Services Tim's Quality Plumbing *Delson Plmllbing *Nowthen Plmnbing $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 640 Gralld Ave, St Paul 15230 CalTousel Way, Rosemount 1628 Cty Hwy 10, Spring Lk Pk 1701 221 st Ave NW, Cedal' 2844 Jolmson St, Mpls 3530 E. 28th St, Mpls 14530 2ih Ave No, Plymouth 523 Central Avenue, Osseo 1308 421/z Ave NE, CH 19960 Fen-et St NW, Elk River $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 * Sela RoofIng & Remod 4100 Excelsior Blvd, SLP *Laleelalld Door & Remodel 1541221st Ave NW, Oale Grove * Atlas Foundation Co. PO Box 117, Rogers $60.00 $60.00 $60.00 POL CIGARETTE/TOBACCO LICENSE *Pyralnids Cafe 4921 Central Avenue $300 POL WINE/BEER TEMPORARY LICENSE *h11l11aCulate Conception 4030 Jackson St. Col. Hts. 2 events $100 & $300 CITY COUNCIL LETTER Meeting of: January 23,2006 AGENDA SECTION: NO: 5-A-I:l. ORIGINATING DEPT.: License Department BY: Shelley Hanson ~~ DATE: January 19, 2006 ITEM: License Agenda NO: BACKGROUND/ANALYSIS Attached is the business license agenda for the January 23,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006, and a Tobacco License for the new owner of Pyramids Cafe. 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 January 23,2006 as presented. COUNCIL ACTION: P.79 TO CITY COUNCIL Janumy 10, 2005 * Signed Waiver Form Accompmued Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES * Alliant Heating & AC 3650 Kenebec Dr, Eagan * Sedgwick Heating 8910 Wentworth Ave So, Mpls *Pierce Refrigeration 1920 2nd Ave So, Anoka *Hilliard Heating 13790 268th Ave, Zimmerman *McQuillan Bros. 688 Hague Ave, St. Paul *J-Berd Mechanical 3308 Southway Dr, St. Cloud *Dependable Indoor Air 2619 Coon Rapids Blvd, CR *Silvernail Ent Ltd. 6603 36th Ave No, Crystal * Stem Heating & Cooling 1927 W 5th St, Red Wing BLDG * St Paul Plumbing & Htg *Matthew Daniels *Terry Overacker Plumb *Rick's Plumbing *Fignar Plumbing * *Barr Webb Industries Roto Rooter Services Tim's Quality Plumbing *Delson Plumbing *Nowthen Plumbing $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 640 Grand Ave, St Paul 15230 Carrousel Way, Rosemount 1628 Cty Hwy 10, Spring Lk Pk 1701 221 st Ave NW, Cedar 2844 Johnson St, Mpls 3530 E. 28th St, Mpls 14530 27th Ave No, Plymouth 523 Central Avenue, Osseo 1308 42 ~ Ave NE, CH 19960 FelTet St NW, Elk River $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 *Sela Roofmg & Remod 4100 Excelsior Blvd, SLP *Lakeland Door & Remodel 1541 221 st Ave NW, Oak Grove * Atlas Foundation Co. PO Box 117, Rogers $60.00 $60.00 $60.00 POL CIGARETTE/TOBACCO LICENSE *Pyramids Cafe 4921 Central Avenue $300 P.SO CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT . COUNCIL MEETING OF: Ja~ 13, JOOb STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUlvlBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed jn t.he attached chef:k register covering Check Number ~ through J l G8't t.f in the amount of $ I, 41~ : kL/g . DO . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended fot payment. P.81 5- A -13 ACS FINANCIAL SYSTEM 01/20/2006 09:04:07 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.......Ol/23/2006 COUNCIL LISTING INCLUSIONS: Fund & Account. . . . . . . . . . . . . . thru Check Date. . . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number.... ..... ....... thru thru thru thru 115611 thru 115814 thru thru thru thru thru thru thru thru proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . ~ucher .................... . ,leased Date.... ....... .... OO,eared Date................ N 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 01/20/2006 09 BANK VENDOR Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT ACE ICE COMPANY 115611 16.84 ALLIED/BFI WASTE SYSTEMS 115612 89,365.13 ANOKA CTY - CENTRAL COMM 115613 313.50 AUGUSTlNE/DELORIES 115614 31.00 CHISAGO LAKES DISTRIBUTI 115615 457.00 CHOICE POINT SERVICES 115616 160.00 CINEMA CAFE 115617 452.63 CITY WIDE WINDOW SERVICE 115618 23.43 DAY DISTRIBUTING CO 115619 309.00 DEEP ROCK WATER COMPANY 115620 60.22 DEX MEDIA EAST LLC 115621 48.70 DUGDALE/MARY 115622 49.25 EAST SIDE BEVERAGE CO 115623 32,244.00 EDLUND/DORINDA 115624 1,000.00 EHLERS & ASSOCIATES INC 115625 497.25 FETZER/KELLY 115626 6.77 GORMAN/GARY 115627 710.54 GOULD INVESTORS LP 115628 31,929.00 GRAPE BEGINNINGS INC 115629 121. 50 GRIGGS-COOPER & CO 115630 251. 52 HOHENSTEINS INC 115631 7,601.45 JOHNSON BROS. LIQUOR CO. 115632 19,540.89 ;d KIWI KAI IMPORTS 115633 3,512.62 KUEHN / JEAN 115634 16.15 00 KUETHER DIST. CO. 115635 41,863.00 W LUND/TIM 115636 35.93 MARK VII DIST. 115637 31,645.76 MC COLLOM/AMY 115638 171.49 MENARDS CASHWAY LUMBER-F 115639 61. 58 METROCALL - ATT MESSAGIN 115640 294.69 MINNESOTA CROWN DISTRIBU 115641 363.00 MN DEPT OF ADMINISTRATIO 115642 445.91 MN POLLUTION CONTROL AGE 115643 96.00 MN REC & PK ASSOC - MRP 115644 40.00 MOSSBERG/KRISTINA 115645 100.00 NEW FRANCE WINE COMPANY 115646 546.00 NEXTEL COMMUNICATIONS 115647 351.44 NORDLUND/JOHN 115648 9.52 OFFICE DEPOT 115649 48.56 PETTY CASH - KAREN MOELL 115650 131. 29 PHILLIPS WINE & SPIRITS 115651 15,672.25 PLUNKETT'S, INC 115652 89.67 POGREBA/BERNADETTE 115653 42.34 QUALITY WINE & SPIRITS 115654 17,817.32 RAMSEY COUNTY SHERIFF'S 115655 300.00 SKA VNAK/LORRAINE 115656 44.00 SOLTYS/MARY 115657 44.00 ACS FINANCIAL SYSTEM 01/20/2006 09 BANK VENDOR Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT SPECIALTY WINES & BEVERA 115658 5,487.50 TASER INTERNATIONAL 115659 385.00 VERIZON WIRELESS 115660 594.39 WINE COMPANY/THE 115661 774.35 WINE MERCHANTS 115662 3,832.23 WORLD CLASS WINE 115663 210.00 YHD FOODS 115664 9,058.55 MN POLLUTION CONTROL AGE 115665 1,080.00 ACE ICE COMPANY 115666 67.96 ANOKA COUNTY ATTORNEY 115667 40.00 ANOKA COUNTY LICENSE CEN 115668 805.75 BEARD/DEANN 115669 30.00 BELLBOY BAR SUPPLY 115670 2,444.46 BELLBOY CORPORATION 115671 4,121.65 CHISAGO LAKES DISTRIBUTI 115672 906.40 CITY WIDE WINDOW SERVICE 115673 17.04 CLASSIC CATERING 115674 2,297.67 DAVIS/LINDA C 115675 231. 00 DEEP ROCK WATER COMPANY 115676 19.92 EAST SIDE BEVERAGE CO 115677 9,624.80 EXTREME BEVERAGE 115678 320.00 G & K SERVICES 115679 30.19 ~ GENUINE PARTS/NAPA AUTO 115680 3.41 GRIGGS-COOPER & CO 115681 199.76 00 HALL/MARY 115682 125.00 fI::. HOLMES/CAROL & TODD 115683 57.50 JOHNSON BROS. LIQUOR CO. 115684 157.25 KUETHER DIST. CO. 115685 6,055.90 MARK VII DIST. 115686 2,190.80 MN DEPART OF ECONOMIC SE 115687 2,835.52 NEEDHAM DISTRIBUTING CO 115688 160.50 NORTHEAST BANK 115689 450,000.00 OLD LOG THEATRE 115690 1,653.75 ONVOY 115691 59.99 PALMQUIST/MYRT 115692 44.00 PETTY CASH - MARY DUGDAL 115693 194.75 PHILLIPS WINE & SPIRITS 115694 1.00 QWEST COMMUNICATIONS 115695 969.28 SCOTT/LARRY 115696 234.15 SILVA/CHERYL 115697 18.00 SPECIALTY WINES & BEVERA 115698 746.50 STATE OF MINN-DEPT OF FI 115699 20.00 VERIZON WIRELESS 115700 1.54 WINE COMPANY/THE 115701 345.75 XCEL ENERGY (N S P) 115702 50.13 CITY OF COLUMBIA HEIGHTS 115703 263,757.07 A & C SMALL ENGINE 115704 10.60 ACS FINANCIAL SYSTEM 01/20/2006 09 BANK VENDOR Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT ACE HARDWARE ACS ADI-ADEMCO DISTRIBUTION AMERIPRIDE ANOKA COUNTY ANOKA COUNTY HIGHWAY DEP ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. ASTLE FORD INTERNATIONAL AZTECA SYSTEMS BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BEISSWENGER'S HARDWARE BONESTROO ROSENE ANDERLI BOOKLIST BRIN NORTHWESTERN GLASS BUETOW AND ASSOCIATES IN BUREAU OF CRIMINAL APPRE CAMDEN PET HOSPITAL, INC CARLSON TRACTOR CATCO PARTS SERVICE CENTER POINT ENERGY CINTAS FIRST AID-SAFETY CLARK PRODUCTS INC COLUMBIA PARK CLINIC COORDINATED BUSINESS SYS CSC CREDIT SERVICES DAVIES WATER EQUIPMENT C DU ALL SERVICE CONTRACTO EBERT CONSTRUCTION EBSCO PUBLISHING EDAM FIDELITY SERVICES INC FLEX COMPENSATION, INC G & K SERVICES GENUINE PARTS/NAPA AUTO GIS RANGERS GOODIN CO. GRIFFIN PETROLEUM SERVIC HEIGHTS ELECTRIC INC. HEIGHTS-NORTHEAST WELDIN HENNEPIN CHIEF'S ASSOCIA HOME DEPOT #2802 HONEYWELL INC IKON OFFICE SOLUTION INSTRUMENTAL RESEARCH IN ~ 00 Ul 115705 115706 115707 115708 115709 115710 115711 115712 115713 115714 115715 115716 115717 115718 115719 115720 115721 115722 115723 115724 115725 115726 115727 115728 115729 115730 115731 115732 115733 115734 115735 115736 115737 115738 115739 115740 115741 115742 115743 115744 115745 115746 115747 115748 115749 115750 115751 224.33 10,986.63 143.72 72.51 19.50 220.00 1,572.30 720.00 794.72 294.39 1,562.00 32.93 14,425.50 16.19 339.00 89.95 149.27 2,545.46 630.00 1,110.00 98.59 15.85 694.13 181. 49 1,147.45 84.00 329.00 44.00 1,767.26 6,455.98 59,652.90 5.26 310.00 4,884.61 848.50 929.60 485.81 8,441.00 21. 62 21.30 1,519.77 31._95 80.00 1,130.88 18,861. 25 314.93 150.00 ACS FINANCIAL SYSTEM 01/20/2006 09 BANK VENDOR Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT INT'L PERSONNEL MGNT ASS 115752 145.00 INTEGRATED LOSS CONTROL 115753 352.00 IPC PRINTING 115754 47.94 JINDRA/PATRICIA 115755 35.00 JJ KELLER & ASSOCIATES 115756 106.74 JRH ENTERPRISES 115757 14,334.36 KENNEDY & GRAVEN 115758 1,916.68 KRUGER INTERNATIONAL 115759 2,335.55 LEAGUE OF MN CITIES INS 115760 36,476.75 LETTER PERFECT 115761 87.61 MADY'S BOWLING CENTER 115762 642.00 MENARDS CASHWAY LUMBER-F 115763 1,884.32 METRO COMMUNICATIONS SER 115764 4,990.46 METRO WELDING SUPPLY 115765 183.23 MIDWAY FORD 115766 67.71 MINNEAPOLIS OXYGEN CO. 115767 11.23 MINNESOTA AMBULANCE ASSO 115768 75.00 MINNESOTA GFOA 115769 80.00 MN CRIME PREVENTION ASSO 115770 40.00 MN DEPT OF LABOR & INDUS 115771 2,497.86 MN REC & PK ASSOC - MRP 115772 225.00 MPELRA 115773 150.00 ~ MPLS BMEU 115774 3,600.00 N.A.D.A. APPRAISAL GUIDE 115775 60.00 00 NATIONAL LEAGUE OF CITIE 115776 1,324.00 0\ NATIONAL WATERWORKS, INC 115777 167.94 NATL RECREATION & PARK A 115778 130.00 NATOA 115779 510.00 NETKOW/SHARON 115780 250.00 NEXT DAY GOURMET 115781 241.83 NORTH AMERICAN SALT CO 115782 3,957.02 NORTHEASTER 115783 279.00 OFFICE DEPOT 115784 1,064.49 PARALLEL TECHNOLOGIES 115785 6,286.57 PARKVIEW VILLA RESIDENT 115786 130.00 PATCHIN MESSNER & DODD 115787 675.00 PC SOLUTIONS 115788 615.04 PEPSI-COLA-7 UP 115789 445.00 PITNEY BOWES LOUISVILLE 115790 5,163.10 POS PAPER. COM 115791 348.40 PREMIUM WATERS INC 115792 23.16 PROSOURCE TECHNOLOGIES I 115793 25,470.68 RETAIL DATA SYSTEMS OF M 115794 2,747.87 RICOH BUSINESS SYSTEMS 115795 32,743.47 SCHINDLER ELEVATOR CORP 115796 642.80 SECURITY FENCE & CONSTRU 115797 35,552.68 SENSIBLE LAND USE COALIT 115798 200.00 ACS FINANCIAL SYSTEM 01/20/2006 09 BANK VENDOR Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STAR TRIBUNE STATE BOARD OF ELECTRICI STREICHER'S GUN'S INC/DO SUN PUBLICATION SUNBURST CHEMICALS INC TKDA, INC VCI ASBESTOS ABATEMENT C VERIZON WIRELESS VIKING SEWER & DRAIN SER VOSS LIGHTING WERNER ELECTRIC SUPPLY C WW GRAINGER,INC XCEL ENERGY (N S p) ZEP MANUFACTURING COMPAN ~ 00 "'l 115799 115800 115801 115802 115803 115804 115805 115806 115807 115808 115809 115810 115811 115812 115813 115814 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT 151.02 202.30 29.25 50.00 234.72 947.16 292.74 438.80 11,440.00 124.30 205.00 408.50 41. 67 100.81 68.32 143.24 1,419,849.00 *** ACS FINANCIAL SYSTEM 01/20/2006 09 BANK VENDOR REPORT TOTALS: ;d 00 00 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 Check History 01/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 1,419,849.00 RECORDS PRINTED - 000928 ACS FINANCIAL SYSTEM 01/20/2006 09:04:10 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 225 CABLE TELEVISION 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 261 TWENTY-FIRST CENTURY GRANT 265 CONFISCATED/FORFEITED PROP 401 CAPITAL IMPROVEMENTS 411 CAPITAL IMP-GEN GOVT. BLDG 415 CAPITAL IMPRVMT - PIR PROJ 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 701 CENTRAL GARAGE 720 DATA PROCESSING 880 PERMIT SURCHARGE 883 CONTRIBUTED PROJECTS-GEN ~4 INSURANCE . J ESCROW 00 :; INVESTMENT TRUST .'>Q 7 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS 103,657.74 13,565.93 1,266.40 10,813.75 18.00 1,094.63 291.00 35,552.68 74,511.99 10,259.88 60,354.81 12,041.17 9,193.44 90,584.77 655.14 217,437.14 2,445.58 12,060.28 4,000.07 2,497.86 130.00 36,476.75 264,789.14 450,000.00 6,150.85 1,419,849.00 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,419,849.00 1,419,849.00 CITY COUNCIL LETTER Meeting of January 23, 2006 AGENDA SECTION: ro'B ORIGINATING DEPARTMENT: Fire ITEM: Adopt Resolution For Revocation BY: Gary Gorman NO: DATE: January 18,2006 NO: 2006-16 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ifa Umar regarding rental property at 4349 7th Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-16 here being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-16 Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ifa Umar regarding rental property at 4349 ih Street NE. COUNCIL ACTION: P.91 CITY COUNCIL LETTER Revised Resolution Number Meeting of Januarv 23,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: January 18,2006 DATE: NO: 2006-19 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ifa Umar regarding rental property at 4349 ih Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-19 here being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-19 Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ifa Umar regarding rental property at 4349 7th Street NE. COUNCIL ACTION: RESOLUTION 2006-19 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential rental license held by Ifa Umar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4349 ih Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 10, 2006 of an public hearing to be held on January 23, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 30, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 10, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions ofthe City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4349 is hereby revoked; 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of January 23,2006 AGENDA SECTION: ~L ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL ~B;Y: -eJY;. l' J ---(1 . T : NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: January 17,2006 NO: 2006-17 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Tawni Traynor regarding rental property at 4639-41 Washington Street NE for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-17, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-17, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Twani Traynor regarding rental property at 4639-41 Washington Street NE. COUNCIL ACTION: P.94 RESOLUTION 2006-17 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 Washington Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 22, 2005 of an public hearing to be held on January 23, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 7, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 22,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. 4. 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, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4641 is hereby revoked; 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. P.9S Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 P.96 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of January 23, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: to)) ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: January 17,2006 NO: 2006-18 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Alan Wiggins regarding property at 4232 5th Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-18, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-18, a resolution of the City Council of the City of Columbia Heights declaring the property at 4232 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to Columbia Heights City Code, Chapter 8, Article II, section 8.206. COUNCIL ACTION: P.97 RESOLUTION 2006-18 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on December 1, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on December 1, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. l..Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; THROUGHOUT THE YARD, MOSTL Y BETWEEN THE GARAGE AND HOUSE. B. Shall remove all/any buckets in the yard/on the property C. Shall remove all/any milk crates in the yard/on the property D. Shall remove all/any tables in the yard/on the property E. Shall remove all/any lawn maintenance in the yard/on the property F. Shall remove all/any plywood in the yard/on the property G. Shall remove all/any pumps/pump parts in the yard/on the property 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4232 5th Street Washington Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement P.98 attached hereto; 2. That all relevant parties and parties in interest have been duly served notice ofthis hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4232 5th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any :motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd.2 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.99 CITY COUNCIL LETTER Meeting of January 23,2006 AGENDA SECTION: CoE ORIGINATING DEPARTMENT: Fire ITEM: Issue Rental License 3726 3rd Street BY: Gary Gorman NO: NO: DATE: January 17,2006 The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against TJ Holdings LLC regarding rental property at 3726 3rd Street NE for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to TJ Holdings LLC to operate the rental property located at 3726 3rd Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: P.IOO CITY COUNCIL LETTER Meeting of January 23,2006 AGENDA SECTION: ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ~r: ITEM: Issue Rental License 212-214 42nd Ave NE BY: Gary Gorman 7 NO: DATE: January 18,2006 The matter of the revocation ofthe license to operate a rental unites) within the City of Columbia Heights against Asad Khan regarding rental property at 212-214 42nd Avenue NE for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Asad Khan to operate the rental property located at 212-214 42nd Avenue NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: P.lOl COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 23,2006 AGENDA SECTION: Items for Consideration Other: Ordinances and Resolutions NO: 7A ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Second reading of Ordinance No. 1500, vacating a pOliion of Lookout Place BY: Jeff Sargent J{ DATE: January 19, 2006 BACKGROUND: The second reading of Ordinance No. 1500, vacating a portion of Lookout Place, in association with the Final Plat for Sarna's Addition, was tabled to the January 23,20006 City Council meeting. This was contingent on the applicants having all other approvals for the project in place. At this time, the applicants do not have all necessary approvals granted in order to establish a second reading of Ordinance No. 1500, vacating a portion of Lookout Place. For this reason, this item will be tabled to the March 13, 2006 City Council meeting. If the necessary approvals are not in place for the Sarna's Addition plat at this time, Ordinance No. 1500 will need to be tabled once again. The Sarna's Restaurant development efforts have been delayed because ofthe cost of site soil corrections that need to be made. Sarna's Inc. is currently looking for alternative means to allocate the necessary funds to make these corrections. This has been a timely matter and for the time being, this issue has been the major reason for the lack of progress relating to this development. RECOMMENDATION: City Staff recommends that the City Council table Ordinance No. 1500, vacating a portion of Lookout Place for the March 13,2006 City Council meeting. RECOMMENDED MOTION: Move to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, for Monday, March 13,2006 at approximately 7:00 pm in the City Council Chambers. Attachments: Ordinance 1500, Location Map COUNCIL ACTION: P.I02 ORDINANCE NO. 1500 BEING AN ORDINANCE VACATING A PORTION OF LOOKOUT PLACE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Lookout Place lying between two lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast corner of north half of Lot 2, as determined by proportional measurements along the east and west lines, RealTangement of Block E, Columbia Heights Annex to Minneapolis. Section 2: The vacation of the street right-of-way described above shall be subject to the following condition: All necessary approvals for the Sarna's Addition plat shall be granted prior to the Second Reading ofthis Ordinance. This ordinance shall be in full force and effect from and after 30 days after its passage. Section 3: First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.I03 Appendix A Leqal Description for the Vacation of Lookout Place (As provided by Kurth Surveying, Inc.) That part of Lookout Place lying between 2 lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway No. 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast corner of the north half of Lot 2, as determined by'proportional measurements along the east and west lines. Rearrangement of Block E, Columbia Heights Annex to Minneapolis. P.l04 i I { .i ~ ,.... 0 I w \Ii U1 ! :J Z W > <<: )- I- - (/) (Y W > - Z :J .-- ... o z I I- (/) :?~::, f(' r I [0 \ i' \ ~ -. i I i 1 \ i, 'I \ L- __ ..: .... ..... ~. " . . " :~. 40TH AVENUE N.E. 80 FT. 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"'~ >" "'~ ". en ~ : :I:" ~ Eo- ~ !::. 0::" ii ;:J a ~ i: COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration, Other ORIGINATING DEPARTMENT: CITY MANAGER'S Ordinances and Resolutions lA2 Community Development APPROVAL NO: ; ../) .. jjJ . Ii V , ," ," I UoV~ ITEM: 2nd Reading of Ordinance No. 1504, Vacating a BY: Jeff Sargent j( B\Y~:~'{~( cKl '~' portion of the University Avenue Frontage Road DATE: January 19,2006 '/ ,..., V I,' Meeting of: January 23,2006 BACKGROUND: At this time, the City of Columbia Heights is proposing a vacation ofthe 3 O-foot wide right-of-way for the frontage road located along the east side of University Avenue, extending from 3ih Avenue N.E. to 40th Avenue N.E. Generally, the City would require an applicant with interest in the property to request the vacation, however, there are currentIy two projects underway in the area that are dependent on the vacation ofthis right-of-way. City Staff felt that it would be in tile best interest of both projects and in the best interest of the general public, if the right-of-way were vacated by the city. There are two projects in the process of receiving the necessary approvals that need the vacated University A venue right-of-way in order to successfully complete their respected projects. Sarna's Inc. is proposing a new restaurant on the southeast comer of University Avenue and 40th Avenue. The vacated right-of-way would give the restaurant much needed space to accommodate on-site parking for their patrons. Without the vacation, the entire project area would need to be reconfigured, possibly making the project economically unfeasible. The second project is the Phase 2 for the Ryland Home/Schafer-Richardson Development. The vacated right-of-way would enable the proposed townhomes to gain a substantial enough setback from the University Avenue street curb, and would also allow the installation of landscaping and required screening. The second component to the proposed vacation of the University A venue frontage road is adherence to tile health and safety of the general public. The University A venue and 40th A venue intersection is currently a 5-legged intersection, and is considered a very dangerous intersection by MnDOT. City Staff believes that removing the frontage street in its entirety from this intersection would vastly improve the health and safety ofthe public using this area. It should be noted that a vacation proposal requires a first and second reading by the City Council, and does not become effective until thirty (30) days after the City Council approves the second reading. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on January 3,2006 and voted to recommend City Council approval of the vacation as tile request is consistent with City's Comprehensive Plan and zoning standards, with a 3-0 vote. The City Council approved the first reading of this Ordinance at the January 9, 2006 meeting, with a 4-1 vote. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1504, there being an ample amount of copies available to the public. Move to adopt Ordinance No. 1504, being an ordinance vacating a portion of the University Avenue Frontage Road. Attachments: Ordinance No. 1504, P+Z Report, Location Map, Legal Description COUNCIL ACTION: P.I06 ORDINANCE NO. 1504 BEING AN ORDINANCE VACATING A PORTION OF THE UNIVERSITY AVENUE FRONTAGE ROAD The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That past of University Avenue (Trunk Highway No. 47) lying North of the westerly extension of the south line of Block 90, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota, South of the south line of 40th Avenue N.E. and East of the following described line: Beginning at the southwest corner of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of 870.58feet, more or less, to the south line of said 40th Avenue N.E. and there terminating. Section 2: The vacation of the right-of-way described above shall be subject to the following condition: Section 3: The east 30.00 feet of University Avenue Northeast lying northerly of the northerly right-of-way line of 3ih Avenue, and lying southerly of the westerly extension of the northerly line of Lot 5, Block 90, Columbia Heights Annex to Minneapolis, according to the recorded plat. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.I07 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: DATE: 2006-0101 December 21,2005 TO: Columbia Heights Planning Commission APPLICANT: LOCATION: City of Columbia Heights University Avenue between 37th Ave. and 40th Ave. REQUEST: Vacation of University Ave. Frontage Road PREPARED BY: Jeff Sargent, City Planner Introduction At this time, the City of Columbia Heights is proposing a vacation of the 30-foot wide right-of-way for the frontage road located along the east side of University Avenue, extending from 3ih Avenue N.E. to 40th Avenue N.E. Generally, the City would require an applicant with interest in the property to request the vacation, however, there are currently two projects underway in the area that are dependent on the vacation of this right-of-way. City Staff felt that it would be in the best interest of both projects and in the best interest of the general public, if the right-of-way were vacated by the city. Planning Considerations There are two projects in the process of receiving the necessary approvals that need the vacated University Avenue right-of-way in order to successfully complete their respected projects. Sarna's Inc. is proposing a new restaurant on the southeast corner of University Avenue and 40th Avenue. The vacated right-of-way would give the restaurant much needed space to accommodate on-site parking for their patrons. Without the vacation, the entire project, area would need to be reconfigured, possibly making the project economically unfeasible. The second project is the Phase 2 for the Ryland Home/Schafer-Richardson Development. The vacated right-of-way would enable the proposed town homes to gain a substantial enough setback from the University Avenue street curb, and would also allow the installation of landscaping and required screening. The second component to the proposed vacation of the University Avenue frontage road is adherence to the health and safety of the general public. The University Avenue and 40th Avenue intersection is currently a 5-legged intersection, and is considered a P.108 City of Columbia Heights Planning Commission University Ave. Frontage Road December 21, 2005 Case # 2006-0101 very dangerous intersection by MnDOT. City Staff believes that removing the frontage street in its entirety from this intersection would vastly improve the health and safety of the public using this area. Consistency with Comprehensive Plan Two goals of the Comprehensive Plan in regards to transportation are to "embrace transit as a means to improve the livability and diversity of Columbia Heights" and to "provide for safe and efficient alternative modes of transportation". The proposed vacation would adequately meet these goals, as it would make the intersection a safer place for pedestrians, improving livability, and providing a safe mode of transportation. Findings of Fact Zoning Code Section 9.104 (I) requires that the City Council make each of the following findings before vacating a street, or other public alley or right-of-way: 1. No private rights will be injured or endangered as a result of the vacation. The proposed vacation would in no wa Y be injurious or endangering to any private rights. The vacation would actually be beneficial to the public, as it would enable the construction of a new restaurant and housing within the City of Columbia Heights. 2. The public will not suffer loss or inconvenience as a result of the vacation. As stated previously, the proposed vacation will be beneficial to the public as it would make the intersection of University Avenue and 40th Avenue a safer, more controlled intersection. The only inconvenience derived from this vacation would be motorists who are used to traveling on the frontage road to gain access to properties to the south of 40th A venue. During the construction process of the Ryland Home/Schafer-Richardson Development, a portion of this frontage road has been blocked off from public access. The only parties affected at this point are the employees of ME Global. The City has contacted MR Global in regards to this proposed vacation, and they have no problems with it as long as they are given proper access to their site. Proper access will be given to them, with the specifics worked out through both the Sarna Restaurant and Ryland Homes projects. Recommendation Motion: That the Planning Commission recommends approval of the requested vacation of the University Avenue frontage road as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development P.I09 Page 2 City of Columbia Heights Planning Commission University Ave. Frontage Road December 21, 2005 Case # 2006-0101 .Ordinance, including: 1. The closure and removal of the existing University Avenue frontage road shall be the responsibility of the developers for both the Sarna Restaurant and the Ryland Home/Schafer-Richardson Development. The details on who is responsible for what portion will be settled within the final approvals for each project. 2. The second reading of the proposed vacation will not occur until the City receives the Commissioner's Letter from the state approving the release of the state-owned right-of-way to the City of Columbia Heights. 3. The approval of the vacation is contingent on the utility companies (namely CenterPoint Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval of the vacation. Attachments . Location map . Survey · Legal Description af Vacated right-af-way . Draft Ordinance P.IIO Page 3 ,.,~~g,~' 'j ~IT::~~Zg:~:6!.;::gQQ{~@?~,~~??I~QDly.:Y~E=glj~~I::::~:':',:~~~~~':=:::~::::~::=:=~~=,:::=:,:::::::::::~:~:::=::,:~:,:~=::~=:::,:::::::::::~:::,",.~:::::~:'"::,::=:::::::~:,::'.~::'::" F -T- ~~ ~~ ;-n ~ ~;~ :3 I ~ ~ : .~ I~~~~~~'~ l-- ~ .lllr.~ t= =y :fJ I- + -H COl.V" Kurt U. Kisch, UN l.lcen.. No. 23!lG8 L --y :1 L iJ ~~:-L. 'oG"W..l-'" :....&ut!l 111. Sodt 110 S89'58~ " :;7111 .", VE:HUE !.J E t~(jTH AVENliE N,E. 1 ,-....., NDRXB "'0" l r,c;'l~ .,..." .",. ~~:... '\ \ ~~ .. ..j" / j u / f ~/~/ :' ~c~~"" V ~ "'..;,., v' ..~, "~L~""'-f'~')!;, L.L.i:....::~;~._~:::1'.:'. Hl.m:!-: "8 o '00 , ' SCALE IN FEET ~ ~:a: NE AII!l'L", z:aD~%:'~ CI~f.- I\'letJcrbm\L1IlH-aVIl-L\~WCl\7CQ\lIlQ4-$'-L-721 ..rev ,qe; ttAw Vacation Sketch ~ ,0< '" Huset Park Utliv~rF.ollv AVlr.. Frolll~f.J~ I'':ortd fn:>m 37th Av-a. NE tn ..,Oth Ava. NE. OnnlOI" Lh1n~!"i I rl'l.vf:lIr:-<1. pOl" MNUO I rCr:'{uC"'sl j'ltOPllSlJ1> !)I.\SClUl'llO~ \d luJ.l?D=lt'(llri'ft't:dlY AYt".uUd'~'rru:1l1..EIJJ1VtC.Y .:qu. t..i) t.ying- Nanl! uftn\.' \\'...otcdy lXt'l1liicn n:dlc !i.OU'"':l J:no nf U:tlt:k 1.10~ C:O!.l:MHlkHEIliH r:{ A'-"EX '[I> 1If":-lHAPOJ,I~. Amb-- rl~I.J\I.)' Vi.'JJCS"'!.l, ~'IIJ.h nl't;ollKllllh Ji.~~ClI' 10lh A'i'~ K.E .~,1 n,I:.1 urll.c lu:luwing dt":li.ri\n-ll liH~:: TO :J~'I!lmli:Je u. lh~1 M)Ul1l'~t l'(Jll1~"l'(]rKl::.lI UlUL-Jr. 9U: llwJlt:~ ~m~th ~.l ~~I'Ct'J; .sel m~:Jk'S 00 liC<<lnruo. West, ottuJmod bcznn.i.. ;.Innp, :h~ l\"C'ilarJy axlCflr;;'Cl:'l nftbl1 sct.ih 1i~(I,fs..~id '1111"1. itO d ,4b.I:th.u"f'o-"',OO r",,:; ::1'~h.:t: NlItlh 00 11L:l'''l''~ 41 lllinJJ...1I :-4 blo:l.."\'",,1.> We.:11. t'. di1lilr:'\: \J.( 440.011 rl,'L1j ;hl,.i11:t' ~orlJl C-U dt"1!It'tI'~ 59 mlILlll~:t 1.(., !It'fruIlUa Wt'fil il ci~llI::lt'~ 0:" 5H5.UD ti'c:; tIh"11i"e :"Ior:h [1'1 c~gn'l\,'" 21 r.:.iIllIh"! 11. 5~tr.d.. W[I\t, .I. disbnop \1~8'7C'.$1; fctlt. mn:......a: k'is. to th,: oo'l.Ih Jb::- nr!odd'IOti .5.vC'Jlllt: N,R, ,u'rllhc:rc 1cllTiI1.lIi.":J.:. I hereby cl:rtify that lhis S1rvey, plcn ar ~rt WC:! p'n=~Qt'l:d boy ml: er undl:r my dlred. supcrvilOion end that I em C duly RegistCJ":d Lend SUrYl!IYllr unckrr thcl laws Q( thf: Sb:d. of Mrnn",eota. Augu.t 2.~. 200D ~, DulLllh. MN. ;' HIl>lJln!'l. MN. RLK Ham Lake. MN. ' Mlruv.dlJr1kllw MN. 1 = LTI> , r->nr:>no: (\-l('i2.) H:.l~-O\J72 J FloIx: (8~2) lJ33-'llfi3 \~ www.rik-kll~ISi:::;lowr.:C:lnl 51 'Ie 61ut;t f..~irL'lt4 Ch. .Suit..- /1100. Mirm~lr.lllk:.t.. MN. 55313 P.III TeIT~:~~[g~!lL;:Q~~~~~y.iiJ~Q:~l~~E~lIY:~:9.:~:'::::::::':=.,=':=::,'~:':.' '~~~==:=:~,:::'::~~~:~.:~~=:=:=.::::::.::':=::::::':"'"':=:::=:::=:::::',::::::"~:~:"~.::::,:::::.~=,::::::'::::::.,=:::::~~=::::::::::=.:E~g:~~ 1 PROPOSED DESCRIPTION That part of University Avenue (Trunk Highway No. 47) lying North ofthe westerly extension ofthe south line of Block 90, COLUI\lfBIA HEIGHTS ANNEX TO rvIINNEAPOLIS, Anoka County Minnesota, South of the south line of 40th Ave. N.E. and East of the following described line: Beginning at the southwest corner of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance bf870.58 feet, more or less, to the south line of said 40th Avenue N.E. and there terminating. G: ISchafer Richardson\2004-898-L \_ Technical DataIDesc- Vac-University. doc P.112