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Home My WebLink AboutMarch 13, 2006 Regular CITY OF C6'LUMBIAHEIGHTS Mavor GalY 1. Peterson COUlldlmembers ADMINISTRA TION n' ... Tr,!,,! _____ J{ooen.lf. YY UHUms Bruce Nawrocki Tammera Ericson Diehm Brllce Kelzenberg Ci/v MallaI!er Walter R. Felzst 5~~ 40ih Aven~e N.E., Coiumbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 VIsa OllrlY~bsae at:It'll'lv.ci.collllllbia-lzeiglzts./Il1Z.IIS . The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, . March 13,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALLIINVOCATION Invocation by Bo.b Lyndes, Crestview Communities Chaplain 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 - none B) Presentations - Tom Sherohman - Columbia Heights Alumni Get Together C) Introduction of New Employees - none D) Recognition - Sergeant Val Dietz, retirement 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 frOlTI consent agenda approval \'Ilill 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 February 27,2006 regular City Council meeting and two special meetings on March 6, 2006. . a) MOTION: Move to approve the minutes of the February 27,2006 regular City Council meeting p6 as presented. b) MOTION: Move to approve the minutes of the March 6, 2006 Seal Coat Public Improvement Hearing c) MOTION: Move to approve the minutes ofthe March 6, 2006 Street Rehabilitation Improvement Hearing. P16 P19 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept minutes ofthe February 7,2006 Library Board meeting. P23 b) MOTION: Accept minutes of the March 8, 2006 Planning and Zoning Commission meeting. P25 City Council Agenda March 13, 2006 Page 2 of 5 3) Establish Work Session meeting date for Mpnday, March 20,2006, beginning at 7:00 p.m. in Conference Room 1. P 41 MOTION: Move to establish a City Council Work Session meeting date for Monday, March 20, 2006 beginning at 7:00 p.m. in Conference Room 1. 4) Authorize the purchase of Police vehicles P42 MOTION: Move to authorize the purchase oftwo 2006 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of$41,376 and that the Mayor and City Manager are authorized to enter into a contract for same. 5) Authorize Joint Powers Agreement -MN Bureau of Criminal Apprehension re: IBIS Fingerprint System. MOTION: Move to authorize the Mayor and the Chief of Police to enter into a Joint Powers Agreement with the State of Minnesota Bureau of Criminal Apprehension to accept one IBIS wireless RDT Fingerprinting Unit from the State of Minnesota; the first year's maintenance and cellular costs paid for by the State of Minnesota. p45 6) Adopt Resolution No. 2006-40, being a Resolution establishing an Absentee Ballot Board MOTION: Move to waive the reading of Resolution No. 2006-40, there being ample copies available to the public. p53 MOTION: Move to adopt Resolution No. 2006-40, being a Resolution to Establish an Absentee Ballot Board. 7) Award of2006-2007 Tree Removal Program P59 . MOTION: Move to award the 2006-2007 removal of trees, trees and stumps or stumps only on public and private property contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 8) Final Payment for Zone 7A Street Rehabilitation Proiects P61 MOTION: Move to accept the Engineer's Report of Final Acceptance for the 2004 Street Rehabilitation Projects in Zone 7 A, Ci1y Project Number 0402, and authorize FilIal Payment of $43,639.41 to Midwest Asphalt Corporation of Hopkins, Minnesota. 9) Change Order No.1 for the MSC Building Renovation p64 MOTION: Move to authorize Change Order No. 1 for additional work items 1-9 as detailed herein for the MSC Building Renovation, City Project 0503 to Ebert Construction in the amount of 21,555.55 to be funded by Fund 411, Capital Improvements Government Buildings, for a revised contract amount $920,134.55. 10) Approve Park and Recreation Public Hearing date change from March 22 to March 29, 2006 p67 MOTION: Move to approve the Public Hearing date change of the Park and Recreation Commission from March 22, 2006 to March 29, 2006. 11)AdoVt Resolution No. 2006-44, supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. p68 MOTION: Move to waive the reading of Resolution No. 2006-44 there being ample copies available to the public. -2- City Council Agenda March 13,2006 Page 3 of 5 MOTION: to adopt Resolution No. 2006-44, being a Resolution supporting the Constitutional .Amendment for Motor Vehicle Sales Tax Dedication to Transportation. 12) Adopt Resolution No. 2006-43. Conditional Use Permit. 4300 Central Avenue seasonal garden center P70 MOTION: Move to waive the reading of Resolution No. 2006-43, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2006-43 pennitting the operation ofa seasonal mini- garden center at 4300 Central Avenue from April 15, 2006 through July 15,2006, subject to the following conditions: 1. the outdoor storage shall be located as indicated on the site plan, 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. the proposed fence must be 20 feet from the retaining wall for safety vehicular access. 13) Adopt Resolution No. 2006-32. regarding the 2006-2007 Teamsters Labor Agreement - Sergeants P84 MOTION: Move to waive the reading of Resolution No. 2006-32, there being ample copies available to the public. MOTION: Adopt Resolution No. 2006-32, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320 - Police Sergeants, effective January 1,2006- December 31, 2007. 14) Adopt Resolution No. 2006-33. regarding 2006-2007 PMA Memorandum of Understanding PS8 MOTION: Move to waive the reading of Resolution No. 2006-33, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-33 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2006 - December 31, 2007. 15) Ado-t Resolution No. 2006-42 bein~ a Resolution re~aIdin . the Cit' Mfuia"'er's Com ensation P92 MOTION: Move to waive the reading of Resolution No. 2006-42, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-42, being a resolution regarding the City Manager's compensation. 16) Adopt Resolution 2006-34. adopting 2006-2007 salary & fringe benefit adiustment for non-union supervisory employees MOTION: Move to waive the reading of Resolution No. 2006-34, there being ample copies available to the public. P94 MOTION: Move to adopt Resolution 2006-34, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2006-2007. - 3- City Council Agenda March 13, 2006 Page 4 of 5 1 '7\ A ...t......_+ D ......,.,.....1,....,..:....._ r'}f\f\!: 'J C ........t__+~__ I"}{\f\J: ''If\f\'7 "...1"".......,. .Pr .h-:_.......~ h.o_.a.-h.... n;J~."nh.....u:u."f +n-r 'MAn .nn~f"'\n .1 I} r1.UUpL .1~ClL)VlUl.1Ul.1 ~VVV-JJ aUUl-'LIJ..1~ .LVVV-~VV I ~alal y l..XJ llll.1~""" U\,.I1..l\..lJ..1L a.UI U..:lL1..1.1.....1..lL .LV.!. .l.Lv.u=y.J..l.L\.J.l.l essential and confidential employees P 100 MOTION: Move to waive the reading of Resolution No. 2006-35, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-35, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2006 and 2007. 18) Adopt Resolution 2006-36, adopting the 2006 seasonal and temporary wage adiustments P 105 MOTION: Move to waive the reading of Resolution No. 2006-36, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-36, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2006. 19) Adopt Resolution 2006-41 regarding 2006-2007 IAFF Labor Agreement P111 MOTION: Move to waive the reading of Resolution No. 2006-41, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-41, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2006 - December 31,2007. 20) Approve continuance of hazardous building at 4152 Cleveland Street P 11 5 MOTION: Move to amend the original starting date ofthe substantial progress within 60 days to the property transfer date of March 8, 2006 for 4152 Cleveland Street, Columbia Heights MN. 21) Approve the items listed for rental housing license applications for March 13, 2006 Pl16 MOTION: Move to approve the items listed for rental housing license applications for March 13, 2006. 22) Approve Business License Applications Pl18 MOTION: Move to approve the items as listed on the business license agenda for March 13,2006 as presented. 23) Approve Payment of Bills P120 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116206 through 116387 in the amount of$719,581.31. 6. PUBLIC HEARINGS A) Adopt Emergency Ordinance No. 1506, an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating transitional housing in P 128 residential neighborhoods. MOTION: Move to waive the reading of Ordinance No. 1506 there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1506, an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating transitional housing in residential neighborhoods. -4- City Council Agenda March 13,2006 Page 5 of 5 B) First reading of Ordinance No. 1507, zoning a.1TIendment to the Zoning Code as it relates to swimminl! pools and hot tubs. P 1 31 MOTION: Move to waive the reading of Ordinance No. 1507, there being ample copies available to the public. MOTION Move to set the second reading of Ordinance 1507 for Monday, March 27,2006 at approximately 7:00 p.m. in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations 1) Authorize the Capital Equipment Replacement of Unit #136 GMC 2500 4x4 3/4 ton pickup truck P134 MOTION: Move to authorize the replacement of Unit #136 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax; and utility box and truck crane from ABM Equipment Inc. in the amount of $8,900 plus sales tax. Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 and 433-49430-5150. 2) Authorize the Capital Equipment Replacement of Unit #180 Ford 2x4 3/4 ton pickup truck, utility P135 box, truck crane and snow plow MOTION: Move to authorize the replacement of Unit #180 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax: and utility box and truck crane from ABM Equipment Inc. in the amount of$8,900 plus sales tax: and snow plow from Aspen Equipment in the amount of $4,013 plus sales tax. Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 and 433-49430-5150. 3) Authorize the Capital Equipment Replacement of Unit #207 Chevrolet Replacement of Unit #207 K2500 4x4 3/4 ton pickup truck, equipped with lift gate and snow plow P136 MOTION: Move to authorize the Capital Equipment Replacement of Unit #207 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax: Lift gate and snow plow from Aspen Equipment in the amount of $6,009 plus sales tax. Funding shall be fi'om the Park Capital Equipment Fund, 431-45200-5150. 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 hislher name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT~ ~/~ Walter R. F eHst, City Manager - 5- WF/pvm 5 A \a... OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 27,2006 THESE r\/l~f\JUTES !'''~j\VE ~\~r""~T :1-,'- It . ,,'1 t.~, C.,.~;,..,:~"",~/,;..~~, p'."':."'-;; t ~~ ~~J ~ ~3 E r~ ,r,;; j..:i; r'"'~ rj' j.1 Ht ~ I,J 1.; j~'''' 1\ II ............ .. .'I..:.If. rl ~ }"",.d" ~ il',ln ii.'I.d a The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, February 27,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Ken Ribe, Grace Church on Silver Lake, gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember, Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS VFW presentation of U.S. Flags to the City Public Works Department Nawrocki introduced Jerry Wegscheid ofthe VFW who is responsible for their flags. The Public Works Department had requested 19 flags for Central Avenue. Wegscheid presented the 19 flags to the City on behalf of Commander Nawrocki and VFW Post 23 O. He stated his thankfulness for the patriot attitude displayed by the City of Columbia Heights. Wegscheid invited everyone to attend the Memorial Day Service to be held at City Hall on May 29th. He indicated the VFW also has flagpoles available. Peterson asked that Mr. Wegscheid pass along the City's thanks to the VFW. Nawrocki stated the VFW's pride to help improve Central Avenue, and in support ofthe clock project he presented a check, on behalf ofVFW Post 230, in the amount of$l,OOO for the Clock Tower. Nawrocki stated that through his wife, the Columbia Heights Class of' 49 gave a donation and Ms. McDonald also donated for a brick in memory of her husband. Peterson thanked the VFW and Mrs. Nawrocki. Peterson stated that the clock project is going very well; it has been ordered with chimes. We will build the base when weather allows. This will be an asset to the City of Columbia Heights. Peterson showed a Patriotic Employer Recognition certificate received from the National Guard to the City. He stated that Ed Raati, one of our Public Works employees, who is in the National Guard and currently training in the Southem United States before going to Iraq, nominated the City and John Murzyn, his supervisor, for this award. The certificates were delivered last week by a man in uniform. Peterson also showed a picture of the Council Secretary's son, Kyle, in the tank he is learning to drive in Korea. He stated his pride for him and anyone that serves our country. Peterson indicated the wish that if anyone sees a service man or women, to walk up and thank them, no matter your opinion of the war. Williams stated that School Board member Laura Chandler's husband is currently serving in Iraq. Peterson stated that Mr. Chandler is now on his way home, but is slated to retum to Iraq. Williams asked if people could buy bricks in In _ 6 _ry of someone, for example Mr. Hinrichs. Peterson City Council Minutes February 27,2006 Page 2 of 10 C"t':JItArl that h'3C1 alrAilJIrltT h.AArt rln't"'\o 1"...-.+ +1..,0....0 ,..,.0."1"'\ ha 1..,..."n.....a +hn_ ^_a. D.o:r,:3......n.n._ nfn+.orl +hn+ ...:1....0.....0 '1"T7r"'\nlr1 h.o.. n UI.U.L.....'-I- L.LU...&.L ....LUl.3 u.J..J.\oIU......J v'""v...... \..1V.1.1\,.1, uu.1. 1..1.1'-'1.\,.1 \""IUJ..1 U\.I llJ.V..l\"J L.U.CU!. '-'.1.1....... .1. wL\..ILi)VJ..l CJLULvU LJ..lUL 1.1..1\,.1.1.\".1 VVVU..lU U\"I U Rock Around the Clock fundraiser on March 17 at Murzyn Hall. Hopefully, there will be extra funds raised for fhture clock maintenance. If anyone wants to volunteer to help lay the base, they are welcome to do so. Nawrocki stated that Bob Hinrichs was also of the Class of'49. Peterson stated we are trying to get a brick area for the class of 2006 so they can come back to see it in 50 years when the time capsule is open. Peterson stated that the Class of' 49 donation is a challenge to other classes to participate. CONSENT AGENDA 1) Approve City Council Meeting Minutes for February 13,2006 regular City Council meeting Motion to approve the minutes of the F ebrumy 13, 2006 regular City Council meeting as presented. Nawrocki gave a correction to page six: grandson, not son and page 16 Local Government Officials meeting was February 22, not in May. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the minutes of the January 25,2006 Park and Recreation Commission meeting. 3) Establish Work Session meeting date for Monday, March 6, 2006, beginning at 4:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for March 6, 2006, in Conference Room 1. Upcoming Work Session Items: Youth Commission, beer and wine license request by pool hall, Gymnasium/community center study. Fehst stated that the Public Improvement Hearing would be held at 6:00 p.m. and that residents seem very in favor of the road improvement project. Fehst stated that Tim Wellman wants to restart the Youth Commission and Jimmy Wetch is requested a beer and wine license for his pO'ol hall. Mark Ruff, Ehlers and Associates and Jill Schultz will be present regarding facilitation ofthe community center study. Fehst stated that he has also met with two others facilitators. Nawrocki stated he would not be at the meeting and objected to this taking place while he was not present. He also objected to hiring a consultant for this work. Nawrocki stated it is imperative to go through this process with the School Board. Fehst stated that they have been invited to attend. 4) Authorize payment of$19,832.79 to Anoka County for administering the 2005 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments Motion to authorize payment of$19,832.79 to Anoka County for administering the 2005 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. Fehst stated this charge is authorized by State Statute. 5) Appoint the Mayor and City Manager to the Columbia Heights Fire Department Volunteer Relief Association Board of Trustees for 2006. Motion to appoint the Mayor and City Manager to the Columbia Heights Fire Department Volunteer Relief Association Board of~~7':.~ees for 2006. City Council Minutes February 27, 2006 Page 3 of 10 Fehst stated that the law has changed and these appointments needs to be made every year. 6) Adopt Resolution 2006-24 adding the University Avenue Service Road from 44th Avenue to 53rd Avenue to the 2006 Seal Coating Feasibility Report. Removed Fehst stated this request is based on the impetus of Mr. John Medlow. 7) Adopt Resolution 2006-25 adding the University Avenue Service Road from 44th Avenue to 53rd Avenue to the 2006 Seal Coating Public hnprovement Hearing for March 6 Removed Nawrocki stated his pleasure that this was moving ahead, but questioned if residents would be given proper notice. Williams suggested using the reverse calling system. Fehst indicated that notification has been sent to residents, but the second item may be more difficult to complete this year. Nawrocki stated that the petitioner felt more than sealcoating would be required. Peterson stated that 44th to 53rd needs additional work, but the area will be patched and then seal coated until the next street repair cycle. Fehst stated that our city would have to cover costs for the Fridley side ofthe street. Nawrocki stated he spoke to the Fridley Mayor who suggested we speak to their Public Works Director. Nawrocki referred to past difficulties of getting the grass cut in this area. He stated that we should talk to them, as it is halftheir road too. Fehst stated that we can not force them to participate. They have, in the past, asked us to consider annexing the street. Fehst suggested trading work for the repair costs. He stated that he would contact the City of Fridley. Nawrocki stated that the other improvement information meeting went very well. He indicated the understanding that additional work could be added to the contract at any time. Fehst stated that he understood that Council wanted to move along to get this done. Peterson stated the backup information indicates that 44th to 53rd is half the City of Fridley's. Nawrocki and Fehst felt it included to 45th Avenue. Hoeft suggested removing this from the Consent Agenda. Peterson removed items 6, 7 and 8. 8) Adopt Resolution 2006-26 ordering preparation of a feasibility report for the University Avenue Service Road from 40th to 44th Avenues. Removed 9) Adopt Resolution No. 2006-27, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. Motion to waive the reading of Resolution No. 2006-27, there being ample copies available to the public. Motion to adopt Resolution No. 2006-27, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. Peterson read what the grant funds would pay for. Nawrocki stated that Commissioner Kordiak indicated that some people in the County would like that park turned over to the city. He reminded him ofthe park's historical significance as the first county park. Fehst stated they were informed years ago that we are not interested in owning this park. RESOLUTION NO. 2006-27 A RESOLUTION SUPPORTING THE OUTDOOR RECREATION GRANT APPLICATION OF ANOKA COUNTY FOR KORDIAK COUNTY PARK, ANOKA COUNTY, MINNESOTA WHEREAS, Anoka County is applying for an Outdoor Recreation Grant from the Minnesota Department of Natural Resources for Improvements to Kordiak County Park; and WHEREAS, Anoka County is committed to im - 8 -lg the quality of recreation facilities and enhancing City Council Minutes February 27, 2006 Page 4 of 10 natural resources ,vitbin t.~e county; and WHEREAS, Kordiak County Park, located within the City of Columbia Heights is in need of physical improvements; and WHEREAS, the City of Columbia Heights recognizes the recreational benefits of these improvements; and WHEREAS, protecting natural resources and providing open space is of high priority to the area residents and the City of Columbia Heights, NOW THEREFORE, BE IT RESOLVED, by the City of Columbia Heights that the Minnesota Department of Natural Resources accepts and approves this application to fund improvements at Kordiak County Park. 10) Approve the items listed for rental housing license applications for February 27,2006 Motion to approve the items listed for rental housing license applications for February 27,2006. Diehm stated that the owner of 1000 of Peters place is on this list. Fehst indicated the reissue of the rental license was under the next item. .11) Approve re-issue of a rental housing license a) Motion to issue a rental-housing license to Tawni Traynor to operate the rental property located at 4639-41 Washington Street NE in that the provisions ofthe residential maintenance code have been complied with. b) Motion to issue a rental-housing license to Catalina Peralta to operate the rental property located at 4550 Madison Street NE in that the provisions ofthe residential maintenance code have been complied with. c) Motion to issue a rental-housing license to Peters Place Apartments LLC to operate the rental property located at 1000 Peters Place NE in that the provisions of the residential maintenance code have been complied with. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 27,2006 as presented. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116043 through 116205 in the amount of$I,061,202.83. Nawrocki questioned the corrections at 1000 Peters Place. Fire Chief Gary Gonnan stated that everything on the list was completed. Diehm asked if other items that were due for an upcoming meeting were complete. Gorman stated they were. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the exception of items 6, 7, and 8. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-28 being a Resolution for Rental Housing License Revocation at 3848 Jackson Street Peterson closed this hearing as the property is now in compliance. B) Adopt Resolution No. 2006-29, being a Re:"':9'~ion declaring the property at 4141 Jefferson Street City Council Minutes February 27, 2006 Page 5 of 10 NE a nuisance and approving the abatement ofviol~tions from the property pursuant to City Code section 8.206. Abatement Hearing Gonnan stated there was a fire at tbis property last fall and the house is under renovation. Abatement is for items in the back yard. He distributed pictures of the rear yard and stated that there is a dumpster, but items don't make it into the dumpster. The items have nothing to do with the reconstruction. Peterson asked if the home would be rebuilt. Gorman stated that a building permit has been issued. Peterson questioned how long the building permit is for. Gonnan stated that would depend on if the pennit was issued before or after the ordinance change. rviotion by Williams, second by Kelzenberg, to close the public healing and to waive the reading of Resolution No. 2006-29 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-29, being a Resolution of the City Council of the City of Columbia Heights declaring the property at 4141 Jefferson Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-29 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 Debra Langel (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson Street NE. Columbia Heights,~innesota, 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 February 1, 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 ~akes the following: FINDINGS OF FACT 1. That on January 17, 2006, 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 February 23,2006, inspectors reinspected the property and found that one violation remained uncorrected. 3. That based upon said records of the Fire Depa...'iment, the following conditions and violations of City Ordin:1nce(s) were found to exist, to-wit: a. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; All wood or lumber in the front and back of the house, gas cans, auto parts and any other outside items not mentioned above. 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 4141 Jefferson Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case . may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4141 Jefferson 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 ~innesota Statute 483.17, subd. 2 Nawrocki questioned if the owners of 1000 Pptpt:'s Place paid the full amount for license -10- City Council Minutes February 27,2006 Page 6 of 10 reinstatement. Gorma.ll stated it is 1.5 times the original a.mount, and they have paid that. Nawrocki questioned the ten times charge. Gorman stated it is ten times the amount in the fee list, but the current ordinance supersedes this. The ordinance cha.llge should be presented in another month or two. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager (as the City Manager was out ofthe room, his report would be given later) Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Kelzenberg . Regarding a community center: there is a lot happening in our town and this will bring the community together. We need to provide entertainment for kids and lower income people; we need a place for people to gather. Does not care if it is not a good "political" thing to do. We need to do this, whether we do it with the School District or alone; even if we start with a gym, we can build on that. Williams . Corporal Paul Bonesteel will be recognized as Traffic Officer ofthe Year. We are proud of him. . Read the thank: you letter received from our Sister City - Lomianki Poland, which was sent December 13, 2005. . Apologized for not wishing the ladies a happy Valentines Day. . His friend, June Grundberg Strandlund, passed on and the memorial was at First Lutheran Church. . Spoke of flight problems this morning. It pays to be patient. . We should get our Pastors and the schools involved in community center discussions. . Pray for peace and unity of our citizens and our city. Diehm . This Thursday will be the Empty Bowls fundraiser at the Fridley Community Center. Encouraged attendance. . Missed the opportunity at the last meeting to wish Councilmember Kelzenberg a happy birthday. . Took the opportunity to tour the Parkview development and Grand Central Lofts. Very impressed with them and encourage everyone to take the tour and spread the word to friends and co-workers. Nawrocki . COlmnunity centers- MurzYn Hall was our first community center built in 1938. It had recreation programs for the kids with groups like the Boosters giving financial aid. e March 30 is the League ofMN Cities Legislative conference, which will cover eminent domain and local government aid. . . At the Local Government Officials meeting discussed fiscal disparities, which is important to us and to the rest of the county. We are the biggest benefactors of fiscal disparities. Discussion included the amount lost and the affect on property taxes. He explained fiscal disparities. Fehst stated that this would be discussed at an inner ring suburbs meeting to be held on March 16th in - 11- City Council Minutes February 27,2006 Page 7 of 10 Crystal and he will senJe on this A...1vf1vJ committee. . The Star Bar and the heavy metal band they had gave us bad publicity. Distributed a petition from the high rise signed by over 50 people regarding the noise and requesting the Star Bar sound prooftheir music room. There is a meeting tomorrow with the owner. Another liquor license category was allowed with a lesser food requirement. We should consider eliminating that categOlY ofliquor license. . Questioned follow up on a committee to assist the Anoka County Historical Society with Anoka County's 150th Anniversary. Fehst stated he spoke to Julienne Wyckoff, Chair of our Historical Society with this request, but has not received an answer yet. . Questioned upgrade of wading pools. Fehst stated he spoke to Kordiak on the cost and read the letter fi'om him recognizing the issues, indicating that Anoka County would not consider violations for cutting into the pool and the decking. If significant remodeling is done, the corrections would be required. He commended Kordiakfor his help and Nawrockifor the correct people to call. . Questioned delivery problem ofthe Sun Focus newspaper. Fehst stated that anyone can call the newspaper, tell them they are not receiving it, and askfor afree newspaper tube to attach to their mailbox, allowing delivery without dropping it on the ground. We should remind them that the Northeaster is sent through the mail. Fehst stated that a biweekly paper can now be a legal newspaper. Hoeft stated that the Northeaster would qualify, but they did not respond to our request. Peterson stated that after discussion they are now printing our recreation information. We can call with our concerns on distribution and put the ball in their court. . Requested fmancial reporting on the Industrial area. . Requested single sort recycling program costs of other communities with homes as close together as ours. . Requested follow up with the City of New Brighton on Polynesian project. . Also at Local Government Official's meeting discussed Fridley's Springbrook Nature Center, radio signal dead spot problems, fiscal disparities, and the proposed Vikings stadium. Expressed strong disapproval for a County sales tax increase. o Received file information on sewer backup damage. Referred to a letter from the LMC. Peterson stated this issue has been covered and addressed at length and decided it would not be discussed again. He will continue to bring it up. Peterson stated the group agreed to this and Council Corner is not the place for opinion of other government projects. He is looking for a letter from the League that should have been in the file on property around 49th Avenue. . Requested the tentative work session date of March 20 be avoided. . Office of State Auditor requests recommendations from local units of government inandate reform. This is an opportunity to express our opinions and we should do so. . Received phone call on 1008 and 1010 Gould Avenue, alleging the property was to be rented to the State for a halfway house. Person indicated initial unhappiness with the Salvation Army home, which has been no problem. What kind of facility would it be? Fehst gave a report on past discussions. . Eminent Domain - it is said that we only used it once in the Industrial Park, but we have authorized it several times and paid legal costs to begin the process. How many times have we authorized eminent domain? Returned to agenda items #6, 7, and 8. 6. Adopt Resolution 2006-24 adding the University Avenue Service Road from 44th Avenue to 53rd Avenue to the 2006 Seal Coating Feasibility Report. Fehst stated there would be mill and overlay from 40th to 44th Avenue, and oil and chip from 45th to 53rd Avenue. These residents received notice the same time as those in the other areas of construction. The feasibility report is - 12 - how much work the road needs. City Council Minutes February 27, 2006 Page 8 of IO Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-24, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2006-24 being a resolution ordering the City Engineer to amend the 2006 Seal Coat Feasibility Report to include the addition of University Avenue Service Road from 44th Avenue to 53rd Avenue. Upon vote: All ayes. Motion carried. . RESOLUTION NO. 2006-24 BEING A RESOLUTION ORDERlNG THE CITY ENGINEER TO AMEND THE 2006 SEAL COAT FEASIBILITY REPORT TO INCLUDE THE ADDITION OF UNIVERSITY AVENUE SERVICE ROAD FROM 44th AVENUE TO 53rd AVENUE CITY PROJECT - NO. 0601 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone lA that have not been rehabilitated under the annual street program. WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2006-01 ZONE lA SEAL COATING PROGRAM: AMENDED TO INCLUDE THE UNIVERSITY SERVICE ROAD, FROM 44TH TO 53RD AVENUES NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the amended area proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 7) Adopt Resolution 2006-25 adding the University Avenue Service Road from 44th Avenue to 53rd Avenue to the 2006 Seal Coating Public Improvement Hearing for March 6 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006-25, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-25 being a resolution accepting t.lJ.e a.."1lended 2006 Seal Coat Feasibility Report which includes the addition of University Avenue Service Road from 44th Avenue to 53rd Avenue and adding it to the Public Improvement Hearing of March 6, 2006. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-25 BEING A RESOLUTION AMENDING THE 2006 SEAL COAT FEASIBILITY REPORT TO INCLUDE THE ADDITION OF UNIVERSITY AVENUE SERVICE ROAD FROM 44th AVENUE TO 53rd AVENUE AND ADDING IT TO THE PUBLIC IMPROVEMENT HEARING OF MARCH 6, 2006 CITY PROJECT - NO. 0601 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, Resolution 2006-15 has accepted the report for the 2006 Street Seal Coating Program and established March 6th, 2006 as the Public Improvement Hearing date, and WHEREA.S, pursuant to Resolution No. 2006-24, an amended report has been prepared by the Director of Public . Works adding the University Service Road from 44th to 53rd Avenues to the 2006 Seal Coat Program, and WHEREAS, the amended report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said amended report is hereby received by the - 13 -mncil of Columbia Heights on February 27th, 2006. City Council Minutes February 27, 2006 Page 9 of 10 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 amended 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 $128,685. 2. The established public hearing for the 2006 Street Seal Coat Program on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M., is hereby amended to add the University Service Road, from 44th to 53 rd Avenues, and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 8) Adopt Resolution 2006-26 ordering preparation of a feasibility report for the University Avenue Service Road from 40th to 44th Avenues. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-26, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-26, being a Resolution ordering the preparation of a report for the University Service Road, from 40th Avenue to 44th Avenue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-26 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE UNIVERSITY SERVICE ROAD FROM 40th TO 44th AVENUES CITY PROJECT NO. 0602 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets on the University Service Road from 40th to 44th Avenues that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2006-02 UNIVERSITY SERVICE DRIVE, 40th TO 44th AVENUES NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. City Managers report . Will attend recognition of Corporal Bonesteel as the MN Safe and Sober Program Traffic Officer ofthe Year. . Indicated donation by Ann Kremer, Nancy Kremer Arndt, Lorraine Parks, and Marguerite Proft for the purchase of fire equipment. This will come to Council in the future for fonnal acceptance. o The League of Minnesota Cities contacted us to be part of a news conference at the Capitol to represent the communities with redevelopment needs in their communities and who see the need for eminent domain. The Mayor participated in the news conference. Our city has begun the process by resolution about seven times, but reached fair payouts. Nawrocki stated that we have not used eminent domain improperly and does not see a need to change the law. Each time we start the process it is eminent domain. Peterson stated that Council Comer is our time for ideas and has grown into too much discussion. Nawrocki disagreed. Discussion continued. Peterson suggested everyone review the Rules of Decorum to get back on track - 14- City Council Minutes February 27,2006 Page 10 of 10 Peterson = Our Sister City group will jointly sponsor with Holy Cross the performance of "Lolek" on Sunday, March 26th. · Prayer breakfast will be Aplil 26, 2006 with Ivan Brown as the guest speaker. · A community center must be a citizen and community effort. Told prospective resident that Columbia Heights will continue to improve with this City Council. Weare attempting to rebuild the pride and love of our community. The Rising to New Heights group needs to rejuvenate and find a purpose. They will meet on March 14, at 7:00 p.m. at Murzyn Hall. · Sad note - we lost long time resident, Vivian Bixler. Nawrocki . Spoke of Mrs. Bixler. · Regarding newspaper article about invocations. Glad it is back in our meeting. Fully support the Prayer Breakfast. Some people would not agree with mixing government and religion. . Mayor Peterson indicated this is the end of the agenda and stated don't take ourselves to seliously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:17 p.m. Patlicia Muscovitz, CMC Deputy City Clerk/Council Secretary -15- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL CITY,COlJNClL lViEETING MARCH 6, 2006 "~~~ ~ ,= e L~.'l p.", c: ~ fi E :.It..~,=~~'L ".sA;!' f'v] ~ r.\nf rl~~' (~ .' .J i! t,' lJl n It,",,,~:::;g W,~~ fA 'I, fr~. I' l' '",'l ~r 0'" Y !! ii iI, '" ~~.. ~l II I~"l-'{. ",,...,, I""':. ,....".. __,., h, _ p~ t) ~ ~...~ ~,." 1.. ii\) ji\ f,j P R (\ \ " ro' ~"', ~, bt=1 \!I .'lin.~ cl '.i,,) if r:.J), The following are the special meeting minutes for the Public hnprovement Hearing ofthe City Council held at 6:00 p.m. on Monday, March 6, 2006 in the City Council Chamber, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALLTOORDEWROLLCALL Mayor Peterson called the meeting to order and stated that Councilmember Nawrocki is in Washington D.C. attending the National League of Cities conference. Present: Mayor Peterson, Councilmember Williams, Councilmember Ericson Diehm, Councilmember Kelzenberg Absent: Councilmember Nawrocki PUBLIC IMPROVEMENT HEARING: 2006 STREET SEAL COAT PROGRAM FOR ZONE lA AND OTHERS A) Street Seal Coat Proiect 1) Presentation of Information on Street Seal Coat Projects by Staff- Kevin Hansen, Public Works Director, indicated items included in the City Councilmember's packet. He referred to the map indicating streets to be seal coated that have not been seal coated in the past. He pointed out the University Avenue service road to be seal coated and the parts to be included in the street rehabilitation program. Hansen described the process of seal coating. The assessed costs are strictly construction related with the City taking care of any overhead. costs. There are street and avenue rates. The interest rate noticed was 7.5 percent, but the interest rate is set in the fall. Williams asked if this has been bonded for. Hansen stated that last year, this year, and next year have not yet been bonded for. Hansen stated he would be meeting with the Finance Director tomorrow on bonding. 2) Questions and Comments on Street Seal Coat Projects Bernie Gulland, 970 43~ Avenue, stated he is billed for 3 and % UIuts where he fronts and on the street where he does not front. Hansen stated that he has two different assessments, with Pierce Street being a seal coat. Hansen described how the assessments work using the lot and block style. A street assessment is based on where your driveway is and an avenue charge goes one-halfway down the adjacent block with a 1/3rd charge. Hansen described "per unit" as you and your neighbors pay the same rate no matter the frontage. Frontages are averaged for the area. David Falls, 951 420d Avenue, spoke for himself and his wife suggesting that work on 42 ~ wait for a year or two more and then do more extensive work. Hansen stated with bituminous streets you have to have cyclic maintenance and asphalt is treated by a seal coat. It is recommended every six years, but Columbia Heights does it every eight years to extend the service of the street. Falls questioned when the last work was done in the area. Hansen stated 1997. Falls asked if the manhole covers would be improved. Hansen stated we patch areas, look at concrete curbing, make spot curb repairs, and look at the severity of manhole covers, which are adjusted if necessary. Falls requested ifhe could extend the width of his driveway apron. Hansen stated he should contact the Public Works Department when they inspect the curbs. The curb is painted if it is to be removed. We do not do driveway aprons. Williams asked if the contractor could do this. Hansen stated we publicly bid for concrete repair and they could go through us and use our contractor. -16- City Council Minutes March 6, 2006 Page 2 oB B) Close the Public Hearing Motion by Diehm, second by Williams, to close the Public Hearing on the 2006 Street Seal Coat Project # 0601. Upon vote: All ayes. Motion carried. C) Consideration of Resolution Motion by Diehm, second by Williams, to waive the reading of Resolution No.2006-30, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-30, being resolutions ordering improvements for Zone lA, University Avenue Service Drive from 44th to 53rd Avenues, 41st Avenue from 6th Street to Alley east of 7th Street, and Other Street Seal Coat. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-30 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE lA SEAL COATING CITY PROJECT 0601 WHEREAS, pursuant to Resolution 2006-15, adopted by the City Council on January 23rd, 2006, fIXed a date for a Council hearing on the proposed improvements bounded on Reservoir Blvd on the east, 3 7th Avenue on the south, Central Avenue on the west, 45th Avenue on the north, and 41st Avenue, 6th Street to Alley east of 7th Street, and University Avenue Service Drive, 44th Avenue to 53rd Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 6th day of March, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: 41 st Avenue East of Central Avenue Circle Terrace Blvd 40th Avenue to Reservoir Blvd 42nd Avenue Central Avenue to Reservoir Blvd 42Y2 Avenue Cul-de-sac to Cul-de-sac Fillmore Street 42nd Avenue to 42Y2 Avenue Pierce Street 42Y2 Avenue to 43Y2 Avenue University Avenue Service Drive 44th Avenue to 53rd Avenue 41 st Avenue 6th Street to Alley east of 7th Street Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching. and seal coat application. 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 day of January, 2006. 4. These improvements shall also be known as Project No. 0601 and PIR: CV 2006-Zl-0l-00l and CV 2006-Zl-0l-002. 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. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:25 p.m. -17- City Council Minutes March 6, 2006 Page3 oB Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -18- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECiAL CiTY COUNCIL lVIEETiNG MARCH 6, 2006 SAle. "'r'~~I'"'^F' 'riIUl\lIU"'l"'Er> -Uf\-%!f: ,.'-'cw. ',\f!U-\P. ""~~iH\';;~ 1 I ""<II~:'W$~""'1 ,V 'Ell ~ "'~ 1.<:" 'J f....'" ';~ -~. ~ Ij ~~ F."', h'" ,"'" ~ ,; .,"" ,", " I f'~l"r ,~,' W 1"\ U r_t '.4,1 'i" l'''''' , t,,,,- I R i\n.-;. t~ e..". 11"- .iJ. '" r. '" \:. 11 ~.'/ II E /, b\l'l..P n Uli,.,btl'i.l N liU . C~V. -,~.. The following are the special meeting minutes for the Public Improvement Hearing of the City Council held at 6:30 p.m. on Monday, March 6, 2006 in the City Council Chamber, City Hall, 590 40th Avenue N.E., Columbia Heights, MN CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order and stated that Councilmember Nawrocki is in Washington D.C. attending the National League of Cities conference. Present: Mayor Peterson, Councilmember Williams, Councilmember Ericson Diehm, Councihnember Kelzenberg Absent: Nawrocki PUBLIC IMPROVEMENT HEARING: 2006 STREET REHABILITATION PROGRAM FOR ZONE 7B and lA A) Street Rehabilitation Proiects Presentation of Information on Street Rehabilitation Projects by Staff Kevin Hansen, Public Works Director, listed items presented in the Council packets. A sign up sheet was passed around. He indicated that three weeks ago a public infonnational hearing was held. The existing street rehabilitation program began in 1997 . We have been through every zone but this area of Zone 7B, and have been through Zone lA for more extensive repairs. He stated that staff rates the streets to detennine the level of repair with a soil boring in each street, measuring the existing thickness of street, and we have Braun Intertec measure the strength of the street. Kathy Young, City Engineer, physically views the streets and counts cracks. Hansen explained the three treatment types to be used in these areas and what work would be done in each area. He indicated that some trees may need to be removed. Residents can apply for tree replacement. If sidewalks are hazardous they are replaced; we do not add sidewalks. The only storm sewer work done would be in the Gauvitte area. Water main replacement is proposed between 3 ih and 40th Avenues and west of University Avenue. These mains were installed in 1916 and joined with lead, which needs to be removed. This is primarily on 2nd and 2~ Street from 30th to 40th Avenues. Curb stop conditions wiH be detennined upon excavation. Hansen informed residents that there may be a potential that water services would need to be replaced. The water main replacement is not assessed, but the service to the home is the responsibility of the homeowner. Water may be shut off for one-half day during replacement. The sanitary sewer is in very good shape with the work only required on manholes. The cost of the project is $1.1 million with assessments and city costs. The city does not assess overhead. Assessments are strictly based on construction costs. The city absorbs about 25 percent ofthe cost. The city pays one-half of the fully reconstructed streets, 30 percent for partial reconstruction, and 15 percent for mill and overlay. The assessment can be paid in full or placed on the property taxes. Full reconstruction payment is over 15 years and partial reconstruction and mill and over lay would be over eight years. This is on a unit rate and everyone pays the same. Upon approval another informational hearing will be held with the contractor and the residents. The project will take all summer. Property access will be limited during construction. Hansen listed some questions from the informational hearing: sidewalks will be replaced if needed, property access will be provided at the beginning and end of day, and construction will last most of the summer. B) Questions and Comments on Street Rehabilitation Projects Peterson opened the public hearing. - 1 9 - City Council Agenda March 6, 2006 Page 2 of 4 Lorraine St Gennaine, 3926 2nd Street, questioned possible removal ofthe sidewalk in her area to save on the cost. Hansen indicated that would require a petition of75 percent ofthe affronting property owners. She questioned doing repairs less than full reconstruction. Hansen stated that a lesser process would have the street in the same condition in a short time. She asked if this would remove the street and curb. Hansen stated yes. Glen Stauffacher, owner of Profile Tool, stated he built the new building on California Street and paid for a cul-de-sac. He stated he does not have an issue with the 3rd Street assessment, but has a problem with the large assessment on California Street. Hansen stated that we are following our existing policy on how assessments are applied, but we can look at this property. Stauffacher questioned how he would get delivery trucks in and out, as he is on a dead end. Hansen indicated that with a delivery schedule we will get them in and out. Stauffacher again asked that the assessment be reconsidered. Hansen stated that we could review our policy on the industrial site. Peterson asked ifhe is the only one affected. Hansen stated there is one other business on California Street, LaMott Business. Connie Kallenbach, 3804 2nd Street, asked if the alleys are in this proposal. Hansen stated the policy on alleys would require a petition by adjacent property owners. Kelzenberg asked ifher alley was bad. She stated yes. Terry Barber, 3848 2nd Street, questioned the need for a new sewer. Hansen stated the proposal is for a new water main, not sewer. It would be a $1,500 charge for a water service replacement from the water main to the house. The need for this can not be determined until the time of the project. In the past only about 25 percent of the homes required replacement. Barber asked iftheir sidewalks would be replaced. Hansen stated it would only be the streets in her area. Barb Berkland, 3753 2nd Street, asked how she would get out of her property. Hans~n suggested if you have an alley you use that or park on the side street. Steve LaMott of LaMott Enterprises, 3905 California Street, indicated concern about access for trucks and deliveries. Hansen stated that 39th A venue is a mill and overlay, so there should only be a problem the day the surface is removed and one day for the overlay. Lamont stated his parking area is not in good shape and he would like to coordinate replacement ofthis area. Hansen stated that Mr. LaMott should contact him in May. Steve Smith, 3802 2nd Street, questioned partial reconstruction. Hansen explained the process. Kay Kloncz, 3800 2 ~ Street, questioned ifhe only has to pay for 2~ Street. Hansen stated yes. He asked if the city has liability insurance for damage to property. Hansen stated that the city, through the bidding process, requires the contractor to have insurance. C) Close the Public Hearing Motion by Kelzenberg, second by Williams, to close the Public Hearing on the 2006 Street Rehabilitation Project # 0502. Upon vote: All ayes. Motion carried. D) Consideration of Resolution Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-31, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-31, being a resolution ordering improvements for Zone 7B and lA Street Rehabilitation. Upon vote: All ayes. Motion . carried. -20- City Council Agenda March 6, 2006 Page 3 of 4 RESOLUTION 2006-31 BEING A RESOLUTION ORDERING IMPROVEMENT AND THE PREPARATION OF PLANS FOR ZONES 7B AND IA STREET REHABILITIATION CITY PROJECT OS02 WHEREAS, Resolution 2006-12 of the Columbia Heights City Council adopted the 23rd day of January, 2006, fixed a date for a Council hearing on the proposed improvement bounded on University Avenue on the east, 3 7th Avenue on the south, California and Maiu Street on the west, and 4Sth Avenue on the north, and Reservoir Blvd on the east, 37th Avenue on the south, Central Avenue on the west and 4Sth Avenue on the north, AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 6th day of March, 2006, at which all persons desiriug to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost beiug defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: FULL STREET RECONSTRUCTION 1. 38th Avenue Dead-end to Maiu Street 2. 2nd Street 37th Avenue to 38th Avenue 3. 2nd Street 39th Avenue to 40th Avenue 4. 2Y2 Street 37th Avenue to Edgemoor Place 5. Edgemoor Place 2Y2 Street to 3rd Street Work includes required utility reconstruction/repair, required water service replacement! repair, new granular subbase if needed, new aggregate base, new concrete curb and gutter with driveway aprons, new bitumiuous surfaciug, required concrete or bitumiuous driveway and walk/step replacement, sod restoration, miscellaneous construction items, and appurtenances. PARTIAL STREET RECONSTRUCTION 1. California Street 39th Avenue to Cul-de-sac 2. 2nd Street 38th Avenue to-39th Avenue 3. 2Y2 Street Edgemoor Place to 3rd Street 4. 3rd Street Edgemoor Place to 40th Avenue Work includes required utility reconstruction/repair, required water service replacement! repair, new granular subbase if needed, new aggregate base, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, new bitumiuous surfaciug, sod restoration, miscellaneous construction items, and appurtenances. MILL AND OVERLAY 1. 39th Avenue California Street to Main Street 2. Edgemoor Place 2Y2 Street to 40th Avenue 3. 3rd Street 38th Avenue to Edgemoor Place 4. 38th Avenue 3rd Street to Dead-end 5. 42nd Avenue 2nd Street to 3rd Street 6. 2nd Street 43rd Avenue to 44th Avenue 7. Tyler Place 43Y2 Avenue to 4Sth Avenue 8. 43Y2 Avenue Dead-end to Cul-de-sac 9. 44Y2 Avenue Tyler Place to Cul-de-sac 10. Buchanan Street 44Y2 Avenue to 4Sth Avenue Work includes required utility reconstruction/repair, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, milling of existiug street surface, new bituminous surfaciug, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost-effective, and feasible as detailed iu the feasibility report. 3. Such improvement is hereby brderedas proposed in the Council Resolution adopted 23rd day of January, 2006. 4. These improvements shall also be known as Project OS02 and PIRs: CV 2006-7B-02-001 for Full Street Reconstruction, CV 2006-Z7-03-00l for Partial Street Reconstruction, and CV 2006-Z7-44-001, CV 2006-Z1-44-001, CV 2006-Z1-44-002 for Mill and Overlay.aS. The City Engiueer, Keviu Hansen, is hereby desigo"tp,-l ,,~ the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such im! - 21 -mt. City Council Agenda March 6, 2006 Page 4 of 4 ADJOURNMENT Mayor Peterson adjourned the meeting at 7:15 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -22- ~ ..)A2CL COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 7, 2006 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those members present were Patricia Sawada, Lynette Thomson, Barbara Miller, Bruce Kelzenberg, Catherine Vesley, and Becky Loader. Absent: Nancy Hoium. It was moved, seconded, and passed to approve the minutes of the January 3,2006, Board meeting as mailed. Bill list dated 1/23/06 of 2005 bills was reviewed. It was moved, seconded and passed that they be paid. The preliminary 2005 accounting was reviewed. Bill list dated 1/23/06, of 2006 bills was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 2/13/06, of 2006 bills was reviewed. It was moved, seconded and passed that they also be paid. The accounting for 2006 was reviewed. Old Business: 1. CybraryN update was provided. The problems that are being experienced with the system are related to the Queue function. The County is working with the vendor, and a patch is being sent that should resolve the problem. 2. The timeline for Wi-Fi access was reviewed. Rum River will implement this technology fIrst, and Columbia Heights is slated second. 3. Sculpture for the courtyard was discussed. The Board viewed a brochure with some sculptures from a place called "Simpler Time", located at the Mall of America. These sculptures are cast bronze, life-size and reasonably priced. The Board discussed possible ways of funding a purchase. Additional information will be discussed at the March meeting. 4. Information on the "Peace Clock" project is available at the Library. Handouts and donation forms are available from the bulletin board in the lobby. 5. Year-endxeports necessary for the annual report are in the process of being compiled. Heather Hessel, from the County, is working to extract the fIgures needed from two different systems. Several meetings have'taken place, and definitions are being determined to ensure that both systems will be reporting the same information. New Business: 1. MaryAnn Herringer has resigned from the Library Foundation Board. The Library Board will send her a card in recognition for her service. The Board discussed possible successors for her position. 2. The City Council and Columbia Heights School Board had a joint meeting 1/30/2006. A consultant will be retained. At this time no site has been decided upon, but the City Council is looking to move forward with plans for additional gym space/City center. . 3. Staffmg update was provided. Gretchen has submitted her resignation. The advertisements for Page positions will be in the local newspapers this week. Three positions are now vacant, 2 Page positions and 1 substitute. 1 -23- 4. The Reading List bookmark that is being distributed in the County was shared with the Board. Columbia Heights is included, and reading lists will once again be appearing on the Library website. "5. Thank you letter to the Friends for their past donations to the library was reviewed. 6. The "wish list" submitted to the Friends of the Library by staff this year includes shelving for the juvenile DVD's and videos and replacement racks for the juvenile paperback collection. 7. Heather Hessel has submitted her resignation from the County. Her last-day is February 24. 8. Marlene Moulton-Jansen has submitted a letter of intent for a grant to digitize local historical information. The project would include images from the Columbia Heights Historical Society materials. 9. Bruce Kelzenberg asked the Board for ideas for possible street names (i.e. historic or significant citizens names) for the new development. Suggestions should be submitted to Gary Peterson. There being no further business the meeting was adjourned at 8:00 p.m. Respectfully submitted, rC-~'~~ /17. e5~ l~ine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 -24- PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING March 8, 2006 7:00 PM r\\ 0+ 'I ~+ Prppf'O \led ~ (\-fO'f'rYYrl-1 O'1'\aJ 0'(\ lJ' ~A2.b The meeting was called to order at 7:05 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Peterson, seconded by Schmitt, to approve the minutes fi'om the meeting of January 3, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0301 Linder's Greenhouses, Inc. 4300 Central Avenue, Rainbow Parking Lot Conditional- Use Permit for Seasonal Sales Linder's Greenhouse has applied for a Conditional Use Permit to allow the op~ration of a seasonal mini- garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance linnts the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). . The attached site plan illustrates the configuration of two structures plus a patio area in front. Tills site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fIre extinguishers in the Flower Mart and all smoking will be proillbited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. Tills will be the Linder's 17th year operating a temporary greenhouse at tins location in Columbia Heights. Heritage Real Estate is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parking lot for the flower sales. -25- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 2 PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. Findings of Fact Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Seasonal agricultural sales are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feetfi'om the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively sl1wll at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. -26- PLANNING & ZONING COMMISSION MINUTES :MEETING OF MARCH 8, 2006 PAGE 3 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 sUlTounding area. Linder's has been in operation for 16 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zonedfor residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff the use complies with the applicable regulations of the GB, General Business District. Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions by Members: Fiorendino questioned if the fence goes to the wall as the sketch shows, or whether it should show a 20 foot access as noted in the conditions for approval. Sargent explained that the Fire Chief does want to see an access perimeter of 20 ft ber-vveen the tent and the rear wall. It was noted that it \vas not set up that way last year, but for safety reasons, he would like to see it enforced this year. Szurek doesn't understand the need for the 20 ft access as emergency vehicles can access from the roadway that runs N/S through the lot from 43rd Ave to 44th Ave. She felt it would drastically cut down on the storage space of plants in the rear. Gary Peterson thought that these annual Conditional Use Permits could be done administratively. However, the Zoning Ordinance requires they must be run through the Commission. Public Hearing Opened: Noone was present to speak 011 this issue, therefore, the hearing was closed. -27- PLANNING & ZONING CO:MMISSION MINUTES :MEETING OF MARCH 8, 2006 PAGE 4 Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2006, subject to certain 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 Ordinance, including: . 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All Ayes. MOTION PASSED. , The attached draft Resolution will go to the City Council at the March 13, 2006 meeting. RESOLUTION NO. 2006-43 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 8, 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 -28- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 5 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 of the 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 similar 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 diminish the use of property in the immediate 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 talcen to minimize 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 immediate 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 tIus permit shall become null and void if the project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal ofthe permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plBn. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this _day of March 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson -29- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 6 CASE NUMBER: APPLICANT: REQUEST: 2006-0302 City of Columbia Heights Zoning Amendment to the Zoning Code as it relates to the Swimming Pools and Hot Tubs BACKGROUND: The Current City of Columbia Heights Zoning Code requires that all swimming pools, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. The Zoning Code does not specifically mention hot tubs, nor does it define above-ground, in-ground, or hot tub pools. A recent concern from a resident prompted City Staff to look into the question as to whether a hot tub would require the installation of a 6- foot high fence for safety purposes. Staff feels that because hot tubs come equipped with a child-resistant cover, this would suffice the security measure that the 6- foot tall fence attempts to achieve. ANALYSIS: City Staff has polled other cities in the area to see how this question is addressed elsewhere. It was discovered that most other cities do not differentiate between hot tubs and swimming pools, classifying both as one and the same. The City of White Bear Lake has recently adopted an ordinance relating to hot tubs that addresses this issue. The ordinance adopted in White Bear Lake does not require a 6- foot high fence for a hot tub, rather relies on the child-resistant cover for the child's protection. The reqlllrement for a 6-foot high fence around an aboveground or in-grOllnd pool is for several reasons. This first is for the general safety and welfare of the public. The fence acts as a physical barrier that would prohibit small children from accessing the property and gaining entrance into the pool. A second reason for the fence is for privacy. A fence helps deflect some amount of noise, which is typical when an outdoor recreational pool is in use, as well as being a visual barrier into and out of the pool area. By nature, Staff feels that hot tubs in general are less intrusive, and are used for different purposes. Generally, the noise generated by hot tubs users would be substantially less than those using an aboveground or in-ground pool. Also, because hot tubs are equipped with lockable covers, this would prevent the access into the hot tub from children in the area. CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan is not affected in any way with the proposed zoning amendment. -30- PLANNING & ZONING COMMISSION MINUTES IvIEETING OF MARCH 8, 2006 PAGE 7 FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These fmdings are as follows: a) The amendment is consistent with the comprehensive plan. The Comprehensive Plan is not affected in any way with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the public to obtain a hot tub without the requirement of also constructing a 6-foot tall fence around the hot tub. This is in the public's interest as it would decrease the overall cost of the project of installing a hot tub, while maintaining the public safety due to the lockable covers that hot tubs provide. c) Where the amendment is to change the zoning classification of a particular prope1iy, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. This amendment is not changing the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in This amendment is not changing the zoning classification of a particular property. Cit-j Staffrecol1lIl1ends that the Planning and Zoning Commission recommend approval ofL~e proposed zoning amendment as outlined in the attached draft ordinance. This amendment would allow hot tubs to be installed in the city without the requirement of a 6-foot tall fence surrounding it providing the added provisions in the ordinance are met. The zoning amendment also adds definitions of an aboveground, in-ground, and hot tub swimming pool. Questions by Members: Peterson asked if a 6 ft. fence could be used in lieu of a locked cover, and was told yes. He asked how the 5 ft. setback was alTived at. Sargent explained that is the standard setback for structures and swimming pools now. Schmitt asked if this will apply to soft sided tubs as well. Sargent stated that if it meets the definition established in this amendment, than yes, it would. Schmitt felt privacy would be more of a concern with hot tub use, and Sargent stated that would be up to the discretion of the owners to decide. -31- PLA NNING & ZONING COMMISSION :MINTUES J'vIEETING OF MARCH 8, 2006 PAGE 8 Thompson asked if the City Attorney had looked at the proposed Ordinance. Sargent said that he hadn't yet, but this is just the fIrst reading and he will review it prior to the second reading. Peterson thought fencing might be more appropriate for the neighbors of those who have hot tubs for privacy reasons. While that is something to consider, it is not something that should necessarily be required by the City. It should be up to the residents to decide for themselves. Fiorendino asked ifpermits are required for the installation of hot tubs. Hanson explained that no building permit was required, however if a gas line were run to a heater, this may require a permit depending on the setup. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommend the City Council approve the text amendm,ents as outlined in the attached draft ordinance. All ayes. MOTION PASSED. The attached draft Ordinance will go to the City Council March 13, 2006. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND HOT TUBS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions: ~ 9.103 DEFINITIONS. SWIMMING POOL, ABOVE GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half (3.5) feet above ground grade or has a capacity of more than three-thousand (3,000) gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than seven-hundred iIfty (750) gallons of water, including such pools generally constructed with a filter unites), pump(s), water jet(s), molded seating and a heating unites). Any hot tub greater than 750 gallons of water shall be considered an aboveground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. Chapter 9, Article 1, Section 9.106 (C) (4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: -32- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 9 & 9.106 GENERAL DEVELOPMENT PROVISIONS. (C) Accessory uses and structures. (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) [NO CHANGES] (b) [NO CHANGES] (c) [NO CHANGES] (d) [NO CHANGES] (e) [NO CHANGES] (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools shall be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (fj(g) Lighting shall be so oriented as not to cast light on adjacent properties. oo(h) The facility shall not be located within any drainage or utility easement. W(i) Any accessory mechanical apparatus shall be located at least 330 feet from any residential structure on an adjacent lot. wG) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: , 2006 ,2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk -33- PLANNING & ZONING CO:M:MISSION MINUTES :MEETING OF MARCH 8, 2006 PAGE 10 CASE NUMBER: APPLICANT: LOCATION: 2005-1202 Schafer-Richardson West side of Huset Park between 5th St. N.E. and University Avenue (park View) Phase 2, Final Plat REQUEST: At this time, Schafer-Richardson is requesting a Final Plat for Phase 2 of the Huset Park Development. The name of the proposed plat will be Huset Park, Second Addition. Phase 2 contains 12.8 acres. It is part of a larger 28-acre redevelopment area known as the Huset Park Development. Phase 1 was reviewed by the Planning Commission and approved by the City Council in June of 2005. Phase 2 includes 5 two-story townhome buildings and 17 three-story townhome buildings. There are 32 units in the two-story townhomes and 122 units in the three-story carriage homes, for a total of 154 units throughout the proposed development. Each unit has two parking spaces in the building and two in the driveway. There are an additional 93 parking spaces in parking bays or on the private streets throughout Phase 2. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Transit-Oriented Mixed-Use District requires that the mix of land use include two or more of the following uses: residential, commercial and industrial. The proposed Industrial Park redevelopment will meet this requirement by including predominantly residential uses with some mixed-use commercial/residential uses. This ensures the consistency with the Comprehensive Plan for the area. ZOl"ill~G A concept site plan was prepared in 2004 by the developer as part of the preliminary development agreement entered into with the City. The concept plan was found to be compatible with the provisions of the Transit Oriented Mixed-use Zoning District. This zoning district calls for a flexible mix of uses with a .minimum residential density of 12 units per acre and a maximum density of 20 units per acre, unless otherwise approved by the City COlillcil. The concept site plan showed a density of less than 20 units per acre. The subject property is located adjacent to a transit conidor (University Avenue NE) and will include a trail cOlmection linking the new residential and mixed-use neighborhood to and through Huset Park. The trail will be constructed as part of the parkway along 3 9th Ave NE. The purpose of the Mixed-Use District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods, create linkages between compatible areas of the City; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transpOliation; and increase the quality of life and community image of Columbia Heights. The proposed Industrial Park redevelopment will be designed as a pedestrian friendly mixed-use project that will accomplish these goals. -34- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 11 DESIGN GUIDELINES The City Staff has prepared Design Guidelines to be applied to the redevelopment of the subject property. These guidelines are directly based on the existing City Design Guidelines adopted in 2003. The guidelines include characteristics that are appropriate to the residential and mixed-use character of the Industrial Park redevelopment area, and not those aimed at highway, strip or suburban architecture and development. The submitted plans meet all the requirements for the Design Guidelines imposed for this development. ANALYSIS When the preliminary plat for Phase 2 was presented to the Planning and Zoning Commission, there were three issues that the Commission wanted to be addressed prior to Final Plat approval. The three issues included: the requirement for a landscaped fence separating the development from University Avenue to closely resemble the fence used in the Fridley townhouse development on the southwest corner of Mississippi Street and University Avenue, the requirement for a third unit type that will be used throughout the development, and the requirement for a suitable setback of the buildings from the University Avenue street curb. SchaferlRichardson and Ryland Homes has worked closely with the City to achieve these requirements. Landscape Fence The proposed landscape fence will be a black metal fence with brick pillars placed approximately 78 feet apart from one another. There will be 10 pillars installed along 780 feet of frontage on University Avenue. Landscaping in the foml of both deciduous and coniferous trees will be dispersed and intermixed along the length of the fence and will provide an effective and aesthetic screening mechanism for the development. The proposed plans for the fence indicate that the design would be very similar to the fence used in the Fridley development (as presented in Figure 4). The fence located on the north side of the development, separating the townhouses from the commercial building to the norill, shall be constructed of a 6-foot tall privacy fence, "vith a m.irri1n~-rn of 80~~ opacity on a year-round basis, to be approved by the City Planner. (as presented in Figure 5) Third Unit Type Ryland Homes has successfully incorporated a third-unit type throughout the Phase 2 portion of the development as directed by the Planning and Zoning Commission and City Staff. The third unit type is called the Craftsman and is a three-story townhome with a tuck-under two-stall garage in the rear (as presented in Figure 6). The fronts of these buildings will include a fieldstone band along the bottom 1/3 of the structure, with pillared porches, and two bands of different sized, heavy gauge (.042") vinyl siding. City Staff will require that 19 of the end caps for these buildings will incorporate the field stone work along the bottom 1/3 of the buildings, as outlined in Exhibit E (as presented in Figure 8) of the Development Contract for Phase 2. The overall design of the buildings will also incorporate gabled roofs witll shake accents, meeting city staff's expectations on requirements for the third unit type. -35- PLANNING Rr ZONING COl\!IMTSSION MTNUTES IvffiETING OF MARCH 8, 2006 PAGE 12 Building Setbacks During the Preliminary Plat process, Ryland Homes proposed 2 rows of buildings that were located substantially closer to the University Avenue curb line than the other buildings in the development. The Planning and Zoning COlllinission required that the two sets of buildings located closer to the curb be placed at a setback consistent with the remainder of the development. The proposed plans indicate that the tv;,o rows of buildings are now located further away from the University Avenue curb line, and consistent with the setbacks of the remainder of the development. The setbacks of the buildings from University Avenue are as follows: Building #12: Building #16: Building #34: Building #36: Building #20: Building #23: Building #25: 82 feet 79 feet 91 feet 89 feet 79 feet 78 feet 77 feet The average setback of the buildings along University Avenue to the curb line of University Avenue is 82 feet, which would meet all health and safety standards imposed by the City of Columbia Heights and the State of Minnesota. Street Lighting The street lighting used throughout Phase 2 of the development will incorporate a black fluted column, with a capped acorn-style bulb (as presented in Figure 7). The street lighting will be privately owned and maintained by the association established for this development. The design for this lighting is also consistent with the public streetlights that the City uses throughout the Huset Park area. Landscaping The applicants have submitted a landscape plan for the entire development. This plan indicates the different types of plantings throughout the general development as well as the specific plantings around each building. The landscape plan also indicates the location of the proposed decorative fence separating Phase 2 from University Avenue. All green spaces throughout the development shall incorporate automatic irrigation with rain shut-off gauges. FINDINGS OF FACT Final Plat Section 9.104 (L) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a fmal plat: -36- PLANNING & ZONING COMMISSION MINUTES MEETING OF MARCH 8, 2006 PAGE 13 1. The fmal plat substantially conforms to the approved preliminary plat. Several issues needed to be resolved before the approval of the Final Plat for Phase 2. The following issues have been resolved: 1. Ensuring a minimum 75-foot setback of all buildings from University Avenue. The proposed Final Plat indicates that all units have been set back a distance between 77 and 91 feet, satisfying the requirement. 2. Incorporating a third unit type in Phase 2 of the development. The approval of Phase 2 was contingent on the Planning and Zoning Commission approving the third unit type throughout the development. The third unit type incorporates a different design element not seen in other townhouse developments, and will be the newest building type used by Ryland Homes. This unit type meets all architectural design guidelines that have been established for this development as well. One major difference between this unit type and the ones used in Phase 1 is the incorporation of stonework throughout the building, as opposed to brick. (As presented in Fig. 6) 3. Incorporating a decorative fence with appropriate landscaping along University Avenue, to reflect the same design used in the new townhouse development in Fridley. The Final Plat for Phase 2 includes a black steel fence with brick pillars along University Avenue. This design satisfies the condition imposed on the Preliminary Plat. (As presented in Fig. 4) 4. Ensuring the approval of all the necessary street vacations throughout the development. The City is processing the vacation for the University Avenue frontage road vacation. It should be noted that the City Council would not be able to approve the Final Plat for Phase 2 until the approval of the University Avenue frontage road vacation has taken place. (Sargent advised that this vacation has been completed). 5. Ensuring adequate access for emergency vehicles throughout the development. Fire Chief Gorman has reviewed the plans for the Final Plat and did not indicate that this was a continued issue. He was, however, concerned with the on-street parking, as it would limit the access to one side of the buildings. 2. The fmal plat conforms to the requirements of ~9.114. 99.114 is the Subdivision Regulations section of the City's Zoning ordinance. Coriforming to this section would require the appropriate information to be submitted to the City for Final Plat approval. The applicants have met this requirement. Staff recommends that the Planning Commission forward its approval of the Final Plat of the Huset Park Second Addition, to the City Council, subject to the conditions discussed and noted. -37- PLAl'-J.Nll-JG & ZOr-Jn-JG COlvfI\lISSION 11Il'JUTES MEETING OF MARCH 8, 2006 PAGE 14 Questions by Commission members: Thompson questioned the utility plans and the landscaping plans that were enclosed in the packets. He said it looked as though trees and plantings will be done on top of the watermain running along University Avenue. He said that there should be clear access in case repairs are needed to that line in the future. Merrie Sjogren from Shafer Richardson stated the watermain still needs to be located and moved. It will be located at least 10ft away from the fence and any plantings. Thompson then stated he felt the street design was fme, but the curbs aren't that durable and are not designed to hold up well under construction. He recommended other curb types that other cities have found to work well. Sjogren responded that the curb designs stated on the plans meet city specs and are adequate for residential use. Kevin Hansen, Public Works Director was present and verified that they do meet the City's requirements. He explained they are using a D-4-12 design. He said he can suggest the shoe be modified which would affect the width, but he cannot malce it a requirement. Fiorendino asked what sidewallcs are common and public as noted in conditions for approval. Sargent explained that those that are adjacent to streets that any resident can use are included in the conditions. The sidewalks to individual residences with steps up to the entrances are not included and do not need to meet ADA requirements. Szurek stated that when tIus project was originally proposed, it was planned to be totally owner occupied. Now 5% could be rental, and she felt that was misleading. Sargent said that's a state requirement. Merrie Sjogren from Shafer Richardson said it is their intent that all the units be owner occupied, but it is hard to control that, so they have put a maximum cap on it in hopes of doing so. Brian Sullivan from Ryland Homes said they try to limit the number of units sold to knuwn investors to 5%. By putting the clause in the Homeowner's Association Documents, once any units are identified as rental, they are informed that once a renter leaves, the unit has to be sold or the owner would have to move into the unit. Eventually, over time, this ensures that almost all the units are owner occupied. Another issue discussed was the requirement that 10-20% of the units be considered affordable housing. The members asked exactly what this meant. Sullivan explained this is a requirement for the grant clean up money that was used for the redevelopment project. He explained that it relates to the sales price of the units which targets a $213,000 figure. He said that several of the interior muts meet this target price point as long as a lot of upgrades aren't added, so the requirement should be met. Schmitt questioned the comment about the commercial use being consistent with the Comprehensive Plan when there hasn't been any proposed yet. Sargent explained that it is part of the overall project and will be included in the plans for Phase III. -38- PLANNING & ZONING COMMISSION MINUTES :MEETING OF MARCH 8, 2006 PAGE 15 Thompson asked about the policy for keeping the streets clean and free of mud. He said the streets were very muddy when he visited the site this week. Sullivan said they are swept twice a week and that Public Works has been keeping track of this and reporting any problems in between sweepings. He said they are trying to stay on top ofthe mess to the best of their ability, and he will pass on the commissioner's comments. The Public Hearing was Opened: No one was present to speak on this issue, so the Public Hearing was closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Cowlcil approve the Final Plat of The Huset Park, Second Addition Subdivision based on the following conditions: 1. The Homeowner's Association (HOA) Documents shall reflect that no more than five percent (5%) of all units shall be rental units. The Developer's Contract shall also indicate this through reference to the HOA documents. 2. The Common Interest Community documents shall clearly state the responsibilities of the City and homeowner's association related to streets and utilities. 3. All streets with the exception of Lookout Place, storm water, street lighting, signage and striping serving the development shall be privately owned and maintained 4. The developer must provide the City with locatable references for service lines, such as swing ties and GPS coordinates. " oJ. All common and public sidewalks shall meet A nA requirements for pedestrian ramps and grade. 6. All green areas shall incorporate automatic irrigation with rain shut-off gauges. 7 The pillars used for the fencing along University Avenue shall be brick to match the color of stone used on the Craftsman style of building. The location of the pillars shall be consistent with the locations outlined in Figure 4 as presented 8. The fence located on the north side of the develoPlnent, separating the townhouses from the commercial building to the north, shall be constructed of a 6-foot tall privacy fence, with a minimum of 80% opacity on a year-round basis, to be approved by the City Planner. 9. The third unit-type used throughout the Phase 2 Development shall be the Craftsman-style building depicted in Figure 6 as presented 10. All vinyl siding used on the buildings within the development shall be of a heavy gauge (0.042") material. 11. The lighting used throughout the development must follow the lighting design as portrayed in Figure 7 as presented. -39- PLANNING & ZONING COMMISSION MINUTES MEETlNG OF MARCH 8, 2006 PAGE 16 12. The stonework on the front of the Craftsman type of building shall be incorporated on 19 of the units specifically mentioned in Exhibit E of the Developer's Contract throughout the development, and shall cover the bottom 1/3 of the buildings, as approved by the City Planner. 13. The number of qlJordable w1its throughout the development shall be between 10-20% of the total number of wzits. All ayes. MOTION PASSED. This will go to the Ci1y Council at one of the March 2006 meetings. NEW BUSINESS None MISCELLANEOUS None. The meeting was adjourned at 8: 15 pm Respectfully submitted, Shelley Hanson Secretary -40- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 13,2006 AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: Administration ITEM: Establish Wark Session Meeting Date for March 20, 2006 NO: BY: Walter R. Fehst DATE: March 8, 2006 CITY MANAGER'S APPROVAL BY:~~ DATE:<~,;? '07 j~ It is suggested to schedule a City Council Work Session for Monday, March 20, 2006 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: l\l-'-'T-IO--"'~T. j\!fo~v~ +~ n-t" ed"""le n '''''~''''Y '''''~n'nn~i \U~rir "enn;~n +o~ l\;fond.n~, l\;fn~nj., 'in "JUMUMr;. lV v _ .L ~. .LVi c:; LV i:tli ~ U a. \.....dL' \......oVI.-U \.;~1 VV U .i\.. tJ UU1.V.l 1. 1. lV.l. CLj, .lVl.CU\..l.l..L LoU, _ v beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: -41- CITY COUNCIL LETTER Meeting of March 13, 2006 AGENDA SECTION: Consent NO. ITEM: Authorization to purchase police vehicles NO 5-A-l{ ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE February 17, 20 BACKGROUND The State of Minnesota has awarded the contract for the delivery of police vehicles for 2006. TIns award is to Elk River Ford, Inc. of Elk River, Mnmesota. The base velricle price listed in the award for the full size sedan is $20,087. As in past years, the deducts for the full size sedan include, but are not necessarily limited to, engine block heater, rubber floor mats instead of carpet, and noise suppression package. Add-ons include left side spot light, courtesy lamps disabled, power left fi'ont seat, wlrite roof and doors, remainder of car black, driver/front passenger door lock control, rear handles inoperative, lamp pre-wire group, and driver/front passenger window control. After the deducts and add-ons, the price of the car comes to $20,688. Two each: 2006 Ford Crown Victoria: four door Base price with add-ons and deducts Sales tax does not apply Grand Total $41,376 o $41,376 ANALYSIS/CONCLUSION It is our recommendation to the Council that our new marked police velricles be purchased from the State of Minnesota bid, which has been awarded to Elk River Ford of Elk River, Minnesota. The Police Department will reduce its department fleet by two velricles upon receipt of the new velric1es. RECOMMENDED MOTION: Move to C].uthorize the purchase of two 2006 Ford Crown Victoria police vehicles per the State of I\.1ir.J1esota bid, vvith fU11ding to come from 431-42100-5150 in the amount of$41,376, and that the Mayor and City Manager are authorized to enter into a contract for same. TMJ :mld 06-035 COUNCIL ACTION: -42- 17219 HWY 10 NW FAX # OF PAGES ELK RIVER. MN fi5330 --.--J:.ONNY@EL~IVERFOAOOOCGEJEEP,COM ,. RAY MCARTHUR WADE TURNER 763-274-3314 763-274-3319 FEB-17-20DS 09:t1AM FROM-ELk RIVER FORD SALES +763274333B ELK RiVER FORD FLEET & GOVERNMENT SALES LONNY 1.0NNQUIST 763-274-3339 FAX TO: OATE: AT'.. PH: MINNESOTA CONTRACT NUMseR: 435254..-GROUP l:.j FAX: 2006 FORD CROWN VICTORIA POWCE INTERCEPTOR (/NCLl,JDcS:) POLlCE INTERCEPTOR PKG (720A) S" ROUND HEADER LIGHT 4.6 v-a ENGINE 3.27 LIMITED SLIP AXLE (45C) AOD TRANSMISSION HEATED MIRRORS (61K) POWER LOCKS & WINOOWS RADIO NOISE SUPPRESSION (53M) CLOTH SUCKET SEAT FRONT SPEEO CONTROL (525) CLOTH REAR BENCH SEAT FR DOOR MOLDING IN TRUNK (9SB) TILT STEERING ENGINE BLOCK HEATER (41H). AIR CONDITIONING CARPET wi FLOOR MATS (128) MAP LIGHT PWR DeCK LID REL ON OOOR (61 H) REAR WINDOW DeFROST RR DOOR HANDLES INOP (157) ASS BRAKES LEFT SPOT LAMP (51A) AM/FM STEREO RADIO POLIC~ PWR PIGTAIL (179) $20,547 - 460 S20.087 (coes Nor INC~uCE AF'''~IC''D~e: s^~e$ r.\x, ~1c:e"'~E. QR rrT~I~ FeE) PRICE LESS CREDIT STANOARD PAINT IMPORTANT - TO RECeive THIS GOV'T PRICING 'fOU MUST HAVe A FORO FLEET 10# CALL us IF YOU 00 NOT REceIV~ C:ON~IRM^T10N O~ YOlJA ORoeR. PAYMENT IS DUE UPON DELIVERY OF EACH VEHICLE. Issue SEPARATE Po's FOR eACH vEHICLE IF NECESSARY T-475 P.ODZ/D03 F-6a5 FAX 763-274-3338 OTY CODE EXTERIOR COLORS AC ARIZONA BEIGE BU MEO BROWN OX DARK BLUE P!:ARL OV LIGHT TUNDRA HG SMOKESTONE JL DARK TOREADOR REO JP SILVER BIRCH LK DARK BLue LM ROYAL BLUE LN LIGHT BLUE LS LIGHT ICE SLUE MM ULTRA BLUE T8 TUNGSTEN TM LIGHT GRAY TN SILVER GRAY UA BLACK wr VIBRANT WHITE yG MED TITANIUlI!1 OTY INTERIOR COl-ORS OK GRAY LT GRAY TAN VEHICLE PRice $20.0B700 -' , ~ TOTAL OF OPTIONS FROM PAGE 2 ~o/, ~ SUB TOTAL. FOR EACH veHICLe-#' ::2.O~R;?' 6-0 EXT POWERTRAIN WARRANTY 3 VR OR 75,000 MILES, ADD $1550 EXT PDWERTRAIN WARRANTY 3 YR OR 100,000 MILES, ADD 52060 ( S50 DeOUCTIBle-wARRANTY exPI~es YR OR MILES, \IIII1ICI1EVER COMES FIRST) TOTAL FOR EACH VEHICLE ,,;2P~3d'r tIJ'D NUMBER OF UNITS ~ [GRANO TOTAL FOR ALL UNITS I r413'/~ /1L.01 SPECIAL INSTRUCTIONS: ~ ...or~ ~J UCI!N:I! -43- FEB-17-20D6 09:42AM FROM-ELK RIVER FORD SALES /~ ,,--' +7632743338 1-475 P.D03/DD3 F-6B5 -7~~~'- - --- PAGE 2 - OPTION ORDER FORM l LINE OPTION DESCRIPTION CODE PRICE . ORDER 1 ce:L.ETE SPEED CONTROL. FOR CREOIT 525 $ (1Be.00) 2. CEL.ETE; UMITED 5L.1f7 AXLE FOR e~EDn' ' 4SC '-$ ~ Q90ELETE BLOCK HEATER FOR CREDIT ...~, ~ ,41H '.:~S =:.129.00 : 4 OeLETE HEATEO MIRRORS FOR CRa:l1T '61K $ [29.00} 5 OELE'T"E: SOOYSIDE MLDG ~~T".NOT INST - NO FRT MLCG (GROUP 1 ONLY; --'-----968 -~S. '(25.00) 6 DELETE PWR DECKLlD R~L ON OOOR F'OR CR~IT (SWITCH ON CASH ONL:.Y) 6tH: S 150.00) 7 OaE'TE; REAR QOOFt f-IANOLES INOP ~OFl! CAltQIT .. 157-"-$ ~'OO). (!): OELETE CARPETING AND FLOOR MATS FOR CREDIT - HD VINYL. STANDARD 128 : ,5 CUQ.S.O_O)~ 9 DELETE AM/FM RADIO FOR CRECI"r 58Y S (84.00) 10 Oe:LETE LEFT HAND SPOTl.AMP FOR CFt&lIT (GROIJP I ONLY) SIA $ (160.00) "11" 'OELETE RAOIO NOISE SUPPRESSION PKG FOR CREDIT 53M S (80.00) 12 OELETE POI,.ICE PWR PIGTAIL FOR CREDIT 179 S (21.00) 13 ACO SIDE AIR BAGS - OflllVER & PASSENGER S9M $ 252.00 14 ADO AM/FM S,.e:~e:o wI CASSETTE OVe;R STO RAOIO S8H 5 15S.00 (!DAOD POWER ORNER'S SEAT 21A S ~.OO.:...:.J 16 ACO SILICON HOSes wI AIRCRAFT CI,.AMP$ 177 $ 269.00 17 ACO HORN 51~EN WIRING PREP PKG 175 S 34.00 IS . ACO KEYEC ALIKE: "0 KEY coee: # $ 42.00 ~..ACO LAMINATED Se:CURITY SlOe: GLASS G8G S 24~ ~ AOO COURTE:sy LAMP OISA8L~ 478 S ~ 21 . DELE,.E S. CENTER MOUNT COME LAMP 54M N/C 22 .AOO LEFT HAND SPOTLAMP - GFtOUP II ONLY SlA S 160.00 23 AOD MATCHING RIGHT HANO SPOTLAMP - GROUP I ONLY SlY S 126.00 24 ADO OUAL SPOTLAMPS - GROUP II ONL.Y 51Y-" $ 286.00 25 AoO LATERAL Sow RElNFORCE;MENT 185 S 67.00 26 AOO 3.55 I,.IMITED SLIP AXLE (L.IMITS TO 119 MPH) S 138.00 27 AOO L.OCKING GA5 F='IL.L.IEI=' CAP SaG:5 8.00 28 AOD INSlALL. FRONT OOOR BOOYSJOE MLOC - GROUP I ONLY; sTO CROUP II 96At S 2.5.00 29 ACO POWER ADJU$TAGL.E: PEDALS 5ge s 101.00 30 ACO FRT F'WR CIST BOX (NO" AVAIL wi 6SA. 65N, asp, SSw. 6Su. 179) 66F $ eo.oo 31 AOO RADIO 2-WAY PRE:WII~E: 946 $ 38.00 32 AOO ROOF WIRING, HOLE IN CNTR OF ROOF' (INCL. LA" sow REINFCRCEME:NT) 187 S 11$4.00 33 AOD ROOF' WIRING, NO MOL.E IN ROOF' 189 $ 71.00 34 ADD VINYL REAR SEAT IN L.IEU OF C:LOTH S 55.00 AOD GRILLE LAMP SIREN. SPEAKER WIRING 172 ~--r::> ADD TRACTION CONTROL. 553 $ 147.00 37 ACC TRI,JI'oIK PACK WI KEVLAR F'RT I.INER I.aT 5 160.00 ~ AOO TUTONE PAINT - GROUP J ONLY [ROOF, ALL 4 OOORS) 952 5 Q7!3'OO~ 39 ADO TUTONe: PAINT - GROUP I ONLY [HOOO. ROOF, DECKL.IC) 953 S 378.00 40 ACO TlJTONE PAINT - GROI,JP I ONLY (ROOF. FRONT 2 COORS ONLY) 9S5 $ 378.00 ~ ADD FULL WH~~'= COVERS - GROuP! ON!...'!'. STO GROUP!! 64N 5 35.00. ~C~r..ETE P"NR WU".UJOWS REAR (CRIVER a: PASS. SWITCHEs ONLl'j 946 $ ~ PACKAGES AVAILABLE IF' ACO FIRE: SUPPRESSION SYSTEM 21" AOO PACKAGE TRAY !,.AMP PREwIAe: GFlOI,JP -:3P ADD BASE:: POL.ICE PRe;p PI<G - NtA WI 66F. 6SN, 68P, 6Sw. 65u - 41" ADD COMPL.ETE POLICE PREP PKG - NI A wi 66F, 6SA, 651'1. 6Sw. SSu -SP AOC REAOY-FOR-Tl-'1E-ROAC PKG - Nt A WI 66F, 6091". 65N. SSw. S5A -61" ACD VISIBlUT'Y PKCii - N/A WI 66F. 6Su, 6SA. p8P, 6SN -7p AOO VISIBILITY E1ASe: PKG - Nt AI wi 66F. 65A. 6Su. esp 60S 476 65A 68P 65U 6SW 65N S 2.100.00 S 38.00 S 622.00 5 1,718.00 S 3.436.00 S 2.570.00 5 1.617.00 TOTAL OF ALL OPTIONS ADDED TO ORDER I ~O /. ~ . SERviCe: MANUALS ANC AOOITlONAL OWNER'S MANUALS (SAL~5 TAX APPLIESJ ASTERISK INOICA TE5 DEl" AILS PROVIDED UPON REQUEST. WADE_2.Xls: OprionCVPI -44- CITY COUNCIL LETTER Meeting of March 13, 2006 AGENDA SECTION: Consent NO. ITEM: Joint Powers Agreement between State ofMN NO: Bureau of Criminal Apprehension and Columbia Heights PD re IBIS Fingerprint System S-A~ ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE March 6,2006 BACKGROUND In late 2005, the Columbia Heights Police Department was advised by the State of Minnesota, Bureau of Criminal Apprehension that a number ofIdentix IBIS RDT Remote Fingerprint Units would be available to departments that met the qualifications. These units are directly linked to the State's fingerprint system and assists officers in positively identifying subjects and suspects we are dealing with on the streets. This unit could assist us in reducing the number of times we have to actually book a suspect in the Anoka County Jail. At the time of this notification, Sergeant John Rogers completed the grant application for our department and on December 6, 2005, we were advised by the State of Minnesota that we would be receiving one of these units. The conditions for receiving this unit include: · Training of all department members who will be using the system · The development of a policy on the use of the system · Approve and sign a Joint Powers Agreement with the State · Provide requested feedback and statistics to the BCA regarding the use of the IBIS system ANAL YSIS/CONCLUSION The Police Department feels that this system would be very beneficial and possibly create cost savings for the department. The cost savings would come in the area of potential reduction in the number of prisoners transported to the Anoka County Jail. During the first year of use, the State of Minnesota picks up the cost of the maintenance agreement on the unit ($650) and the cost of the cellular phone hookup-approximately $60/month ($720/year). After the first year, the department will.be responsible for the maintenance and the cellular phone costs-approximately $1,370 annually. Training takes two hours and will be completed during one of our department meetings. We will track the use of this system and determine if we are getting a good return for our dollar because of the use. This tracking will be shared with the Bureau of Criminal Apprehension. I have developed a policy regulating the use of this equipment by our department members. This policy is attached to this council letter. Lastly, we are required to enter into a Joint Powers Agreement with the State reference the acceptance of the conditions of this grant. A copy of that Joint Powers Agreement is attached to this report. The Joint Powers Agreement allows us to tenninate the agreement at any time, with or without cause, upon thirty days written notice to the other party. If we do this, we must then return the equipment to the State of Minnesota. RECOMMENDED MOTION: Move to authorize the Mayor and the Chief of Police to enter into a Joint Powers Agreement with the State of Minnesota Bureau of Criminal Apprehension to accept one IBIS Wireless RDT Fingerprinting Unit from the State of Minnesota; the first year's maintenance and cellular costs paid for by the State of Minnesota. TMJ:mld 06-044 Attachment COUNCIL ACTION: -45- Contract No. M- .777 ~'L STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, CriMNet and Criminal Justice Information System Section ("State") and the City of Columbia Heights, Columbia Heights Police Department, 559 Mill Street N.E., Columbia Heights, MN 55421 ("Governmental Unit"). Recitals Under Minn. Stat. S 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of distributing 2-Finger identification units, known as IBIS RDTs (Identification Based Information System Remote Data Terminals) to Minnesota local law enforcement agencies under the conditions specified below. Agreement 1 Term of Agreement 1.1 Effective date: April 3, 2006, or the date the State obtains all required signatures under Minnesota Statutes Section l6C.05, subdivision 2, whichever is later. 1.2 Expiratioll date: March 30,2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties Upon the execution date of this agreement and completion of the appropriate State provided training for Governmental Unit's employees, the State will provide 1 IBIS Wireless RDT(s) and Q Wired RDT(s) to the Governmental Unit at no charge for the first year. The State will allow the Governmental Unit continued use of the IBIS RDT(s) based on the Governmental Unit's compliance with the following conditions: IBIS Wireless RDT: . Throughout the term of this agreement the Governmental Unit must have a fully executed and active CJDN (Criminal Justice Data Network) agreement on file with the State. . Governmental Unit is within the Sprint PCS service area in Minnesota or is willing to allow bookings to transmit through the Mobile Data Computer (MDC) over the Governmental Unit's radio system (note that transmitting via MDC utilizes significant bandwidth). . The Governmental Unit's law enforcement officers make enough arrests, detentions, stops, or bookings that the IBIS RDT can be expected to be used at least 3 times per week. . Governmental Unit is willing to provide feedback on the IBIS RDT and the 2-Finger identification process to the State's Authorized Representative ofthis agreement via survey, teleconference, or meeting with the State, as requested by the State. . Governmental Unit will adopt a policy on acceptable use of2-Finger Identification and provide a copy of this policy to the State (State has sanlple policies available by request). . Governmental Unit is willing to collect and share minimal statistics required by the State such as total number of "stops", stops where IBIS is used, IBIS hits, and detentions where stop included use of IBIS. . Governmental Unit will commit to pay for RDT maintenance and any cellular airtime after the expiration date of this agreement and at that time the IBIS RDTs provided to the Governmental Unit from the State will become the property of the Governmental Unit. The State will pay for the RDT and the first year maintenance and airtime for the Governmental Unit through the expiration date ofthis agreement, and will make payment directly to the State's vendor. o Cellular charges are estimated at $60 per month for typical usage level. o Maintenance is estimated at $650 per year. IBIS Wired RDT: . Throughout the tenns ofthis agreement the Governmental Unit must have a fully executed and active CJDN Joint Powers Agreement (Rev. 6/03) Page 1 of 4 -46- Contract No. M- '7/7 ?- (Criminal Justice Data Network) agreement on file with the State, and a CIDN connection. · Governmental Unit must make enough arrests, detentions, stops, or bookings that the lBIS RDT can be expected to be used at least 10 times per week. Rolled 10-prints are still required in accordance with State law. · Governmental Unit is willing to provide feedback to the State's Authorized Representative of this agreement via survey, teleconference, or meeting with the State, as requested by the State. It Governmental Unit will generate a policy on acceptable use of2-Finger Identification and provide a copy of this policy to the State. · Governmental Unit is willing to collect and share minimal statistics required by the State such as total number of detentions, where lBIS is used, lBIS hits, and detentions where lBIS determined that the individual initially gave a false name. · Governmental Unit will commit to pay for RDT maintenance for the RDT provided to the Governmental Unit by the State after the State's I-year warranty expires (one year from delivery ofthe RDT). The State will pay for the RDT and the first year maintenance through the expiration date of this agreement, and make payment directly to the State's vendor. After the expiration date ofthis agreement the RDT will become the property of the Governmental Unit. Maintenance is estimated at $650 per year. If the Governmental Unit fails to meet its obligations under the conditions of this agreement or does not adequately utilize the IBIS, the Governmental Unit agrees that, upon request from the State, it will return to the State the lBIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement in good functioning condition. 3 Payment This agreement does not include payment of any funds by the State to the Governmental Unit or from the Governmental Unit to the State. 4 Authorized Representatives The State's Authorized Representative is Vicki Tobin, cns Assistant Director, (651)793-2470, or his/her successor. The Governinental Unit's Authorized Representative is: NAME: TITLE: ADDRESS: TELEPH01'ffi l'llJ1viBER: 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed arid approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the Oliginal agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability . The Governmental Unit will indemnifY, save, and hold the State, its agents, and employees harmless from any claims Joint Powers Agreement (Rev. 6/03) Page 2 of 4 -47- Contract No. M-ili ~ or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. S 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years :5..om the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Governmental, Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. If terminated by either party however, the Governmental Unit will return to the State the IBIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement. Also, any loss not covered by the maintenance/warranty paid for by the State during the first year will be the responsibility of the Governmental Unit to provide the replacement unit. Items required to be returned to the State should this agreement be terminated by either party must be received by the State within 10 days of the effective termination date. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement ifit does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allo\v for the pa)'111ent of the services covered here. Termination must be by \vritten or fa"1C. notice to the Governn1enta1 Unit. The State is not obligated to pay for any services that are provided after notice and effective date oftermination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty ifthe agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropliate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time ofthe State's receiving that notice. Joint Powers Agreement (Rev. 6/03) Page 3 of4 -48- -' 1. STATE ENCUMBRANCE VERIFICATION Individual cerfj/ies that no fimds are being paid to the Governmental Unit ltifqgreel~:eI1Y~ /J S;gnoo;/ *= Date: r 0....-<Oh . Contract No. M- 1-")7 d- 2. GOVERNMENTAL UNIT By: Title: Date: By: Title: Date: Joint Powers Agreement (Rev. 6/03) Contract No. M- ...'/7 d-. 3. STATE AGENCY By: (with delegated authority) Title: Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Distribution: Agency Governmental Unit State's Authorized Representative - Photo Copy Page 4 of 4 -49- h COLUMBIA HEIGHTS POLICE DEPARTMENT WRITTEN DIRECTIVE Number: PO 140 Effective: March 2, 2006 Date: March 2, 2006 Subject: 2-Finger Rapid Identification Appropriate Use Reference: Joint Powers Agreement with State of Minnesota Contract #M-7772 Special hlstructions: Distribution: All Police Employees Re-evaluation Date: May 2007 Number of Pages: 2 PURPOSE To set guidelines for Columbia Heights police officers or others required to have access for the use of the 2-finger Rapid Identification devices used for the capture of fingerprints to access the State's 2-Finger Rapid Identification system. DEFINITIONS Automatic Finger Identification System (AFIS): The Minnesota Bureau of Crinlinal Apprehension's fingerprint system for identification of individuals in the criminal justice system. Computerized Criminal History' Data: All data maintained in criminal history records compiled by the Bureau of Criminal Apprehension and disseminated through the criminal justice information system, including but not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody and supervision data. Criminal Justice Agency (MN Stat. ~ 299C.46): An agency of the State or an agency of a political subdivision charged with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this state. This definition also includes all sites identified and licensed as a detention facility by the Commissioner of Corrections under section 241.021. Rapid Identification System: a subsystem of the Automatic Fingerprint Identification System (AFIS) that is capable of searching submitted index finger fingerprints and returning identification and/or criminal history data in a short time, typically less than three minutes. -50- PO 140 2-Finger Rapid Identification Appropriate Use Policy Page 2 POLICY The Rapid Identification equipment is designed to aid Columbia Heights police officers or others required to have access in the identification of persons through the evaluation of fingerprints. Only personnel trained in Rapid Identification equipment use, through approved courses, shall be authorized to operate this equipment and have access to Rapid Identification data. 2-Finger based Rapid Identification data is only an aid to the identification of a person. Information received from the Rapid Identification System shall not be used as the sole grounds for establishing probable cause for arrest. Columbia Heights officers and others required to have access operating Rapid Identification equipment or accessing Rapid Identification data shall ensure that Fourth Amendment rights of the party being tested are not violated and that all policies and procedures are followed. Columbia Heights officers or others required to have access shall obtain a case number and document each use of the Rapid Identification equipment. Individuals who use the Rapid Identification System in a manner inconsistent with this policy, other policies, or data practices statutes will be subject to discipline procedures. PROCEDURES To obtain access to the Rapid Identification System Columbia Heights officers or others required to have access must complete required training and testing. If the individual does not pass the testes), the individual will not be eligible for access to the Rapid Identification System. Newly hired Colmnbia Heights police officers or others required to have access will be trained on the use of the equipment and access to the Rapid Identification System within six months of hire or assignment to a position requiring access. (~-r:-5:i-- CHIEF EXEcut'fVE OFFICER J j(J-/O ~ DATE/ / -51- Alcohol and Gambling Enforcement ARMER/911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Bureau of Criminal Apprehension Bureau of CriUlil1al Apprehension 1430 Maryland Avenue East · Saint Paul, Minnesota 55106-2802 Phone: 651.793.7000 · Fax: 651.793.7001 · TTY: 651.282.6555 www.dps.state.Ill11.us/bea/ !!',","P""([ \\1r.t.....O ~\ ,. ~..,;=- 1 t\f~ ~.' . . -:..." _J .. . 0.... December 6, 2005 ,- '"' ""'(')5 I. ,-- ~ i~ J n:n" u "- ....t ;yo;, ~"'4..\J Chief Thomas Johnson Columbia Heights Police Department 559 Mill Street N.E. Columbia Heights, MN 55421 COLUtl.m"" - .. -, ...-. -, .. ~ , l'<l1ltiiA hL;',";~;} POliCE DG'AR!MENt Dear Chief Johnson: The Minnesota Bureau of Criminal Apprehension is pleased to inform you that your agency has been selected to participate in the 2 Finger Identification Device Initiative. Your agency will receive one wireless 2 Finger Identification Unites), also known as mIS (Identification Based Information System) device. Prior to receiving the mIS device, your department must complete the following steps: . Approve and sign a Joint Powers Agreement (JP A) with the State. This JP A will be sent to you shortly. . Provide a copy of an approved appropriate use policy for the use of the 2- Finger ill device for your agency (A sample policy is enclosed). The details of the conditions for receiving the IBIS unite s) are contained in the JP A, however the following are some of the key points: ~ The BCA has purchased these units with a. one year warranty. After one year, your agency must agree to fund the cellular charges and maintenance costs for the mIS device(s). . Your agency must agree to provide requested feedback and statistics to the BCA regarding the use of the mIS device. The BCA looks forward to working with you to successfully implement this exciting new technology. Please feel free to contact me at 651.793.2421 or sara.bechelhutton@state.mn.us if you have further questions. Sincerely, ~~;k~D1:IPYL Sara K. Bechel Hutton 2 Finger ill Project Analyst End. -52- EQUAL OPPORTUNITY EMPLOYER COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 13,2006 ITEM: Res. 2006-40 Establish Absentee Ballot Board BY: DATE: Bill Elrite t,,r-- March 7, 2006 CITY MANAGER'S APPROV AL BY: ?A~, DATE: 3: ,I. 7/(tlt/ AGENDA SECTION: Consent NO: rA Y; ORIGINATING DEPARTMENT: Administration NO: Background: The Anoka County Elections Department has requested that all cities within Anoka County consider passing a resolution to establish their own Absentee Ballot Board. They have offered to help facilitate, if every city authorizes the board. The Absentee Ballot Board would accept and reject absentee ballots by comparing the ballot envelope, signature and address to the application. This same procedure is normally done on election day. This would ease the responsibility of election judges on election day and allow more experienced workers to supervise accepting or rejecting of absentee ballots. The board would be chosen by the City Clerk and must include qualified judges or staff of at least two different political parties. Recommended Motion: MOTION: Move to \vaive the reading of Resolution No. 2006-40, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-40, being a Resolution to Establish an Absentee Ballot Board. COUNCIL ACTION: -53- RESOLUTION NO. 2006-40 BEING A RESOLUTION TO ESTABLISH AN ABSENTEE BALLOT BOARD WHEREAS, Anoka County Election Support has requested adoption of an Absentee Ballot Board; and WHEREAS, an Absentee Ballot Board would consist of election judges and/or city staff serving as election judges; and WHEREAS, an Absentee Ballot Board would ease the responsibilities for election judges on election day; and WHEREAS, an Absentee Ballot Board may give voters an opportunity to correct technical elTors on their absentee ballot; and WHEREAS, an Absentee Ballot Board allows for more accurate processing of absentee ballots. NOW, THEREFORE, BE IT RESOLVED that an Absentee Ballot Board is hereby authorized for the City of Columbia Heights as provided in Minnesota Statutes 203B.13 subdivision I. AND BE IT FURTHER RESOLVED that the City Clerk is authorized to employ a suitable number of election judges to serve on the board. day of _ 2006 Passed this Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -54- ........ .... ... . '". . ;.:' ,-,,> 'i~ii,~":~'i,::!~:tfJlJj!'\"nii,,*~1 .., ...... ," ." :il<:?'.,;,. .'. :J 1 "\.11 "~/':'.:~,:..~:'::..~:':':' ,:::.'.:." .~~..;;~ >:', .. '-- . ...-....',....;. '. "...:.... . . ...., ... .:..- .. ........",.,.. .. '.' ,"',' ...... . ',...... ," . "" .,. .., ....".., ".' -. .. '-.. ;,'....... ."-: ....,," .,.... ".- . ,'" " .. .. ...u .".. _. ,. .' ..- ,. . . , ,... . - . .'-'.'" .......", ......". ,.. ,-, ..,... ,., .. . -., ....,....".. ,-,.. ..... - . .... .. .. . ,. . ... .. . . ... .. , -. ,.. ...". . - .. - , . .. . .. ." .. .... .... , . ... -.. .. -.... ... - .. . ,-. --.. . ,',..-....,'."', '." -'-' --. . '. .. .. " .._,- . .., . ,.. . ....... ".... .... ',' .." .... . -, .-.. . .. . - ... . .., ..... ... .-_.. . ", . ,."',. . '; .,-.,;...,...... ". ... ...,.. . '. ...... '" ,. ,.. .,. ....-. -....... ". -,;'. (::;"1::':' :;.;;:'; '}~/;'~~:, 't.;.;:.:::;'::",;:--"':':'" ...... .," ";2otJliEj'~ liti6ri~;; .'j . . , .......~recinc~.6a;jcui~~!:;:.?rvI~ri:~.~.;>' · )11{tfl!lf:;h'~!~;: .', :.:;:6a'U9US'es'::; ~(';: ;.' ~::: .::;~j~.~: " , -'.' :,." '.' '. ".iSP#.~6'$pi:J:pi~ 1;:/:;'.~.:::.:;F$~;:28'r' .. . ..., . .;. .. . .' ,,'.. .. , , . . , . ......... --..., - . ;', . iT dwn;h i8s',:;;:;";';:';i~t:;;M~rbh.'i4' ;;:.:.~~rri?;CoI.l!r.nb~!l~;liljw' . . ....'..-- ::.._...,'.." . ',. str'p',":'''''''';''.''.'''''''; ...., , '...( a e;,n:nary<!,":,:';;':':"fif. ;';{'sf~tt~'g9'~r~(r:;:]j;tI;:;:~::J; .':::=~~~~~t~:~,~~~~t~&~~~~~I~~~j:::'i:::;:.. .tW~e~'6'.~';p:rii;of1~t@~e,~jeptioQ> ...... ......'~:&2j~,~~~d.i~~~~~t~tn .,';v'.' ...,~'~~', r?~R)~" . . ;.> . _ '.' .'. -, .-' I ., " . ~,:' .'" ... .... ,.,. ~. rl~ ~~~,~ Inside this issue: Caucus Locations 2 Election Judge Training 2 Election Judge Recruitment 2 Sign Ordinances 2 Polling Locations 2 Voting Equipment Update 2 ;AS',::~O~~C?~~&'CO#;I~4!t1!JEtecti()1ijSUPP()rt ....... ...ervzce . Request for Adoption of Absentee lBaUot Bo~ud In a recent Access, a Q&A about adopting an absentee ballot board was included. Adopting an absentee ballot board is an excellent way to improve the processing of ab- sentee ballots. In order to move forward with the absentee ballot board, each city/town/school board must authorize, through official ac- tion, the absentee ballot board. Anoka County Elections is will- ing to help facilitate the absen- tee ballot board for the State elections if everyone is willing to authorize the board. However, during the local elections, each jurisdiction would be responsi- ble for administering the board for that election. The idea is that 4 days prior to the election, each city would be responsible for recruiting and identifying individuals to con- duct the responsibilities of the board. The absentee ballot board can be made up of election judges and/or city staff serving as elec- tion judges. Anoka County will supply the room, match the ballots and applications, and provide the necessary ~upplies. In order to make this process successful, we need 100% con- , .. . . ... . .'" ., .. . .... .. ... .. . . . . , . . .... .... .. . .. .... . .. .. . ..... ..M~il~hIYCaletldar~Minch. . March l-First day of Minne- sota Legislature Session March 7-Precinct Caucuses March 7-Last day for Towns to publish 2nd notice of election and sample ballot March 10-Last day for Towns to pick up rosters, election supplies March ii-Town office open for absentee voting 10 am- 12 noon March i3-Town offices open until 5pm for absentee voting March 14- Township Elec- tions March i5-Townships fax unofficial results to Anoka County March i6-Last day to can- vass results of township election March i6-Township sends official canvassed results to Anoka County March i6-Last day to return completed VR cards and polling place rosters to Anoka County -55- sensus from everyone. That means, each city/town/school board must authorize the ab- sentee ballot board. That way, the absentee ballot process stays the same for everyone. Remember that some of the benefits of processing absentee ballots prior to election day include less work getting the applications' out to the polling places, more experienced work- ers can supervise accepting! rejecting of absentee ballots, and it eases the responsibilities ofthe election judges on elec- tion day. March 21-Bad weather al- ternate date for the annual town meeting and election of officers March 22-24-Town clerk issues certificates of elec- tion to winning candidates if submitted certification of filing form and no recounts or contests filed March 22-Apr. 3~New1Y elected town officers file oath of office with town clerk within 10 days of receiving certificate of election Please contact us if you have questions: Rachel Smith 763-323-5277 - Campaign Practices, Statutes Diane Teff 763-323-5276 - Ballots, Accu-Votes, Summ Stmt Irene Meier 763-323-5278 - Precinct Finder, Supplies, Rosters Kay Barrett 763-323-5275 - Registrations, Perm. Absentees ,.. :........ ~ * .n. .... I . ". . .-- . ,. . " '" " .. '." '...... ~......." ....... ....................~"..;,..... . ,'.', ,.. ~~ *; ...r;,':~ .- (j j'-- l\)6 V.. .~;.. 0 () ~ More on the Anoka County Website in 2005! Pollfinder on Anoka County Webl The Pollfinder is located on the home page of our website! Go to: www.anokacounty.us. Polling locations and sample ballots are fea- tured on the website. 2005 Election Results on the Web. Unofficial election results will be posted on the Anoka County Website on Novem- ber 8th, general election night. Election Judges from each of the precincts will phone into Anoka County to report their results. Be sure to re- mind the election judges to call us after running their first tape. Calling the results in MUST be the first thing they do after running the results. . .::- : I... c' .. ... ", '"'';''' ~. ",' . ,,:,.;-;;- ,-.. , , .Absente~.Banot]Jo'ard's\ ...... ~., -m"":'~._-.\: .'~Y:;':' ,:;'.:',,"":,.' One topic that has been brought up in the last couple of months is the concept of an absentee ballot board. Here is more de- tailed information: What do absentee ballot boards do? Accept and reject absentee ballots by comparing the ballot envelope to the ap- plication. The board will review the signa- ture and address to compare it with the application. This is the same procedure that is done on election day. Who makes up an absentee ballot board? An absentee ballot board must have at a minimum two election judges of different political parties. Many times staff in the elections' offices are charged with being an "election judge." Depending on when an office decides to do accepting/rejecting of the absentee ballots, more election judges will be needed. Remember that if a person plans to serve as an election judge they must: . Be able to read, write, and speak Eng- lish; Absentee Voting Here are a few reminders about absentee voting in your offices: . You should have your office set up similar to a polling place on elec- tion day. That means voting booths should be set-up for voters, bal- lots, a master list and precinct finder ready. . Your office is also con- sidered a "polling place" and limits cam- paign materials being displayed, just like on election day. . Not be a spouse, parent, child, or sib- ling of any other election judge serv- ing in the precinct (or the election of- fice) or of any candidate in the elec- tion; II Not be a candidate; and II Be trained and certified as an election judge. .~ . Easier on election officials because do not need to send applications to the polling place; . May give voters an opportunity to cor- rect technical errors on their absentee ballot; When does an absentee ballot board meet? Any time beginning 30 days from election day. You may decide to accept/reject ab- sentee ballots on a daily basis or desig- nate 3 days before the election. However, if a ballot is "rejected" five days before the election, a replacement ballot must be sent to the voter. . More accurate processing of absen- tee ballots. What process must be followed to get an absentee board? If interested, a municipality enacts byordi- nance or resolution an authorization for an absentee ballot board. What are the benefits of an absentee ballot board? . Eases responsibilities for the election judges on election day; For more detailed information, read Minn. Stat. 82038.13. -56- Mimlesota Statutes 2005, 203B.13 Page 1 of3 'Minnesota Office of the Revisor of Statutes . . . ~ .. . . . .. - .., Ho~ne: i LH1i(B ]:0 ~T~IS: V~fOntJ i i ~\~ HOtH5e I Senate I Jo~nt JJepartments t":H1d r;ornrnh;sions I BiB Se~H'ch and Status ! Statutes, Minnesota Statutes 2005, 2038.13 Copyright 2005 by the Office of Revisor of Statutes, State of Minne an,d Ru!ez~ Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 203B 203B.13 Absentee ballot boards. Subdivision 1. Establishment. The governlng body of any county that has established a counting center as provi section 206.85, subdivision 2, any municipality, or any sc. district may by ordinance or resolution, authorize an abse ballot board. The board shall consist of a sufficient num: election judges appointed as provided in sections 204B.19 204B.22. Subd. 2. Duties. The absentee ballot board may do any .of the following: (a) Receive from each precinct in the municipality or school district all ballot envelopes marked "Accepted" by election judges; provided that the governing body of a municipality or the school board of a school district may authorize the board to examine all return absentee ballot envelopes and receive or reject absentee ballots in the ma provided in section 203B.12; (b) Open and count the absentee ballots, tabulating the vote in a manner that indicates each vote of the absentee and the total absentee vote cast for each candidate or que In each precinct; or (c) Report the vote totals tabulated for each precinct. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" -57- httn: / /www.revisor.leQ.state.mn.us/bin! getpub. php ?pubtype=ST AT _ CHAP _ SEC&year=curr... 3/7/2006 Milmesota StatuteS 2005, 203B.13 Page 2 of3 ~: rej ected n ~-l- ClL an}? . , "'t- , T"V'\r"'\ L.. ..L 1 LL c:; ri"""'l' nr< U.U.L 1::1 "'-L' h11P ~u~ ri"",TC:' hcr~'-"""'c -l-n' c ....... _ \...A.U'YU J.....,J\........ V...1-'- L.-.L"-" elect If an envelope has been rejected at least five days before election, the ballots in the envelope must be considered s: ballots and the official in charge of the absentee ballot shall provide the voter with a replacement absentee ballot return envelope in place of the spoiled ballot. The secre of state shall provide samples of the replacement ballot a return envelope for use by the county auditor. Subd. 3. clerk shall pay absentee ballot Compensation of members. The municipal a reasonable compensation to each member 0 board for services rendered during each el Subd. 3a. Absentee voter list. If the election judges of an absentee ballot board are authorized to recei examine, validate, and count absentee ballots, the county auditor or municipal clerk shall prepare a list of all per who have applied for absentee ballots at the election and deliver it to the election judges of the absentee ballot b along with the applications for absentee ballots. The pol place rosters must include an indicator for all persons on absentee voter list. The county auditor may provide a supplemental list for use by the election judges after the polling place rosters have been prepared. If a person on absentee voter list appears in the polling place, the elec judges shall notify the election judges of the absentee ba board. When notified by the precinct election judges that voter has voted in person, the election judges of the abse ballot board shall make a notation on the absentee voter I that the voter has voted and no absentee ballot may be cou for that voter. Subd. 4. Applicable laws. Except as otherwise provided by this section, all of the laws applicable to ab ballots and absentee voters and all other provisions of th Minnesota Election Law shall apply to an absentee ballot b HIST: 1981 c 29 art 3 s 13; 1981 c 185 s 3; 1986 c 444; 266 art 1 s 19; 1989 c 291 art 1 s 7; 1990 c 585 s 23; 199 320 s 2; 1997 c 147 s 22,23 -58- httn'//wwwxevisor.leQ".state.mn. us/binlgetoub.oho?oubtype=ST AT CHAP SEC&year=curr... 3/7/2006 CITY COUNCIL LETTER Meeting of: 3i13/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: S.AI PUBLIC WORKS r ITEM: AWARD OF 2006-2007 TREE REMOVAL BY: K.HanSe~ BY:tA PROGRAM DATE: 3/2/06 DATE: Background: On January 9,2006, the City Council authorized staff to seek bids for the 2006/2007 Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers a two-year period, with the current contract having expired December 31, 2005. Analysis/Co Ii cl usio ns: The City advertised for formal bids for the 2006-2007 Removal of Trees, Trees and Stumps or Stumps only on Public and Private property contract. Specifications were sent to seven contractors. The City received one bid on the bid opening date of February 16,2006. A copy ofthe Bid Opening Minutes is attached. The single bid from Bluemel's Tree and Landscape, Inc. is $21.75 per inch diameter (tree and stump removal). The 2005-2006 contract was $19.00 per inch diameter (tree and stump removal), and was held by Bluemel. Tree removal costs are paid out of Fund 101-46102. Based upon the bid received, Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin is the low, qualified, responsible bidder and staff is recommending award of the bid to this company. Costs have increased over the two-year contract due to fuel escalation and litbor costs. RECOMMENDED MOTION: Move to award the 2006-2007 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH:jb Attachment: Bid Opening Minutes COUNCIL ACTION: -59- CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, February 16, 2006 2006-2007 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property Pursuant to an advertisement for bids for the 2006-2007 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property, an administrative meeting was held on Thursday, February 16, 2006, at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. The planholder's list at the time of bid opening was as follows: Allstate Tree Service Arbor Tree Design Northeast Tree and Timer Reliable Tree Service Bluemel Tree Service Central MN Tree Service Arps Tree Service Attending the meeting were: Lauren McClanahan, Public Works Superintendent Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Price Per Price Per Price Per TOTAL PRICE Tree and Tree Only Stump Only . Stump Bluemel Tree Service $21.75 $19.50 $4.00 $38,190.00 R(j:~b~ Joanne Baker Public Works Secretary jb -60- CITY COUNCIL LETTER Meeting of: 3/13/06 AGENDA SECTION: CONSENT AGE~A ;Ji ORIGIr''fATIi'fG DEPARTMENT: CITY l'dANAGER NO: .!7/' \ - g PUBLIC WORKS BY: t~/f;Y~ II ITEM: FINAL PAYMENT FOR THE ZONE 7 A STREET BY: K. Hansen~ I-- REHABTIJTATION PROJECTS DATE: 3/8/06 DATE: Background: The Contractor completed the warranty work for the 2004 Street Rehabilitation projects in Zone 7 A last December. The work consisted offull street reconstruction with related or special utility construction/replacement. Analysis IConclusions: Staff is recommending approval of final payment to Midwest Asphalt Corporation and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the 2004 Street Rehabilitation Projects in Zone 7 A, City Project Number 0402, and authorize Final Payment of $43,639.41 to Midwest Asphalt Corporation of Hopkins, Minnesota. KH:jb Attachment: Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: -61- CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMA TE NO. DATE: PERIOD ENDING: CONTRACT: PROJECT NO. Final February 10, 2006 December 31,2005 2004 Street Rehabilitation 0402 TO: Midwest Asphalt Corporation P.O. Box 5477 Hopkins, MN 55343 Phone: 952-937-8033 A. Original Contract Amount B. Total Addition (Change Order No.1) C. Total Deduction D. TOTAL CONTRACT AMOUNT E. TOTAL VALUE OF WORK TO DATE F. LESS RETAINED (0%) G. Previous Payment(s) B. Construction Deductions 3842 Van Buren Street - Water meter repair $203.67 3847 Quincy Street - Water meter repair $152.46 3821 Jackson Street - Water meter repair $150.29 3816 Jackson Street - Sanitary sewer service $281.50 I. TOTAL APPROVED FOR PAYMENT THIS VOUCHER J. TOTAL PAYMENTS INCLUDING THIS VOUCHER APPROVALS $1,562,851.49 $181,393.30 $0.00 $1,744,244.79 $1,699,222.40 $0.00 ($1,654,795.07) ($787.92) $43,639.41 $1,698,434.48 ereby recommend for payment the above stated amount for work 1,2006 ~tc\Olo Date ' ~ 11'1/0", Dfte Signed by: Signed by: -62- CIT'.i OF COLffidBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2004 STREET REHABILITATION PROJECT ZONE 7A CITY PROJECT NUMBER 0402 March 7, 2006 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Midwest Asphalt Corporation. The work consisted offull street reconstruction, with related or special utility construction/replacement. The contractor has completed the project in accordance with the contract. Constructions deductions were made to compensate the city for damage to three private water meters and one sanitary sewer service. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FmALCONTRACTAMOUNT $ 1,562,851.49 $ 181,393.30 $ 1,744,244.79 FINAL WORK APPROVED ALL PRIOR P A YIv.lENTS DEDUCTIONS $ 1,699,222.40 ($ 1.654.795.07) "';.6 , ($ 787.92) BALANCE DUE $ 43,639.41 -63- CITY COUNCIL LETTER Meeting of: 03/13/06 AGENDA SECTION: CONSENT AGENDA ORIGll'~ATING DEP ARTIdEl"~: CITY Mii..NAGER NO: S-A 9 PUBLIC WORKS BV:i/f/ ITEM: CHANGE ORDER NO.1 FOR THE MSC BY: K. Hansen~. BUILDING RENO V ATION, PROJECT 0503 DATE: 3/8/06 DATE: . Bacl{ground: On September 26, 2005 the City Council awarded the construction bid for the renovation of the Municipal Service Center to Ebert Construction. The contract was awarded in the amount of $898,579 and included alternates 3, 5, & 9, as summarized below. As presented to the City Council, the bidding package addressed the major maintenance needs and deficiencies of the MSC Building, with other ADA, operational, and/or equipment needs or deficiencies. Alternate 3: Basement Floor Level Wash Bay Alternate 5: Rooftop IN AC Replacement (serves Mezzanine Office area) Alternate 9: Basement Floor Level Lighting Improvements Analysis IConclusions: During the course of construction, the Project Architect and Public Works staff directed the Ebert Construction to provide additional work outside the original contract documents due to field conditions, staff requested changes, unknown conditions and deducts. The pricing for additional work items was either negotiated and approved by the Architect or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: . Item No.1: Remove and Replace two circuit breaker load panels . Item No.2: New Locker Room modifications . Item No.3: Exterior Concrete Break-off Block . Item No.4: Exterior Electrical Service (Deduct) . Item No.5: Rooftop Electrical Branch Circuit replacement . Item No.6: New Shower Room modifications . Item No.7: Mechanical modifications due to existing conditions. . Item No.8: Mechanical Piping relocation (existing hot water heat) . Item No.9: Electrical circuit relocation due to tmknown conduit in floor in conflict with mechanical Staff recommends approval of Change Order No.1. Recommended Motion: Move to authorize Change Order No. 1 for additional work items 1-9 as detailed herein for the MSC Building Renovation, City Project 0503 to Ebert Construction in the amount of$21,555.55 to be funded by Fund 411, Capital . . Improvements Government Buildings, for a revised contract amount of$920,134.55. KH:jb Attachment: Changer Order No. 1 COUNCIL ACTION: -64- CHANGE ORDER NO.1 Pro. ect: MSC Buildin Renovation and Remodelin Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Date ofIssuance: March 8, 2006 Contractor: Ebert Construction. 23350 County Road 10 Loretto, MN 55357 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, field changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: $ 898,579.00 Original Contract Time: Previous Change Orders No. ~ to No. _ $ None Net Change from Previous Change Order: Contract Price Prior to this Change Order: $ 898,579.00 Contract Time Prior to this Change Order: . Net Increase of this Change Order: I Net Increase (Decrease) of Change Order: $ 21,555.55 Contract Price with all Approved Change Orders: $ 920,134.55 Contract Time with Approved Change Orders: N/A Reco Approved By: By: (Contractor) Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, Cil;y Manager -65- Attachment to Change Order No. 1 City Project No. 0503 Page 1 Owner: Contractor: Project: City of Columbia Heights Ebert Construction MSC Building Renovations Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: Work Order No.1: . Item No.1: Remove and Replace two circuit breaker load panels Remove existing 200 amp load panels and install new 225 amp load panels. . Item No.2: New Locker Room modifications Change mechanical duct and piping routes due to staff requested wall location change in women's locker room. . Item NO.3: Exterior Concrete Break-off Block Custom formed block to match existing block on the exterior of the MSC Building. . Item No.4: Exterior Electrical Service (Deduct) Change exterior electrical service coming into building from underground to overhead. Item No. Item Description Unit Ouantity Unit Price Total Price 1 Remove and Replace 2 Circuit panels L.S. 1 $4,428.19 $4,428.19 2 Women's locker room modifications L.S. 1 $3,092.42 $3,092.42 3 Exterior concrete break-off block L.S. 1 $1,250.20 $1,250.20 4 Exterior electrical service (deduct) L.S. 1 $(1,066.5) $(1,066.50) Sub-Total: $7,704.31 Work Order No.2: . Item No.5: Rooftop Electrical Branch Circuit replacement Staff requested change to remove existing aluminum wiring and install properly sized copper wiring. . Item No.6: New Shower Room modifications Add plaster ceilings in shower rooms (men's and women's). Il\l Item NO.7: Mechanical modifications due to eyjsting conditions. VariOllS mechanical ductwork location changes and size of pipe changes due to existing conditions. . Item No.8: Mechanical Piping relocation (existing hot water heat) Relocate hot water heat piping outside of wall cavity. . Item No.9: Electrical circuit relocation due to unknown conduit in floor in conflict with mechanical Relocate branch circuits in office area due to conflict found after cutting concrete floor for mechanical ductwork. Item No. 5 6 7 8 9 Item Description Rooftop electrical branch circuit repl. New shower room(s) modifications Various mechanical modifications Relocate existing hot water heat pipe Relocate electrical branch circuits Ouantity 1 1 1 1 1 Unit Price $2,360.64 $3,678.90 $3,670.90 $1,820.00 $2,320.80 Unit L.S. L.S. L.S. L.S. L.S. Sub-Total: TOTAL CHANGE ORDER 1 -66- Total Price $2;360.64 $3,678.90 $3,670.90 $1,820.00 $2.320.80 $13.851.24 $21,555.55 CITY COUNCIL LETTER Meeting of: 3/13/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: [;A~ 0 PUBLIC WORKS ITEM: NOTIFICATION OF CHANGE IN DATE OF BY: K. Hansen ~rrl~ PARK AND RECREATION COMMISSION DATE: 3/9/06 MEETING FROM 3/22/06 TO 3/29/06 Background: Due to several of the Park and Recreation Commission members being unavailable for the Park and Recreation Commission Public Hearing on March 22, 2006, it is recommended that the hearing date be changed to March 29,2006. Analysis/Conclusions: Staff recommends the Public Hearing date be changed from March 22, 2006 to March 29, 2006. RECOMMENDED MOTION: Move to approve the Public Hearing date change of the Park and Recreation Commission from March 22,2006 to March 29,2006. KH:jb COUNCIL ACTION: -67- CITY COUNCIL LETTER ......... """"......./nr Meetmg or: j/ U/VO AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: :;;A 1\ PUBLIC WORKS ITEM: RESOLUTION SUPPORTING THE BY: K. Hansen ~~ BY: vf#U/- CONSTITmIONAL AMENDMENT FOR DATE: 3/9/06 DATE: MOTOR VEmCLE SALES TAX DEDICATION TO TRANSPORTATION Background: The Association of Metropolitan Municipalities (AMM) has fOlwarded the attached resolution to member cities to be used in the AMM's legislative campaign to show legislators that cities support the passage of the Motor Vehicle Sales Tax (MVST). Currently only 59% is dedicated to Transportation funds and the other 41 % goes into the General Fund. The State Legislature used this for balancing the State's budget. Placing the motor vehicle sales tax in the highway user fund through a constitutional amendment would ensure dedication of the funds to transportation needs, meeting its original intent. Analysis/Conclusions: The AMM has taken a position of supporting the proposed constitutional amendment as it is currently drafted. The AMM, The Minnesota Public Works Association (MPW A) and the City Engineers Association of Minnesota (CEAM) all support the 100% dedication for transportation needs. Staff recommends adoption of the Resolution and supports the Constitutional amendment which would dedicate 100% of the MVST to transportation needs. Recommended Motion: Move to waive the reading of Resolution No. 2006-44, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2006-44, being a Resolution supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. KH:jb Attachment: Resolution COUNCIL ACTION: -68- RESOLUTION NO. 2006-44 .tiEING A RESOLUTION SiJFPORTIi'iG T.i:iJi; CONSTITUTIONAL At\IE~TJ)l\'IENT FOR MOTOR VEIDCLE SALES TAX DEDICATION TO TRANSPORTATION WHEREAS, the City Council of the City of Columbia Heights is the official governing body of the City of Columbia Heights; and WHEREAS, Minnesota's transportation infrastructure forms the backbone of the State's economy and has a direct impact on future economic development; and WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with its growing population and growing demands; and WHEREAS, local governments throughout the State struggle to maintain local transportation systems while the State's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; and WHEREAS, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenues, in order to fund highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; and WHEREAS, the Legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the November 7,2006 ballot asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and WHEREAS, passage of this amendment would mean an increase in more stable revenue for highway and transit systems throughout the State and would raise approximately $300 million per year once the transfer of revenue is fully phased in by 2011. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights strongly supports passage of the proposed a..rnendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public tra..isit assistance and not more than 60% of the revenue for highway purposes. Dated this 13th day of March 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk -69- CITY COUNCIL LETTER AGENDA SECTION: Consent NO: :; A \.~ ORIGINATING DEPT.: Community Development Meeting of: March 13,2005 CITY MANAGER APPROVAL ITEM: Resolution 2006-43, Conditional Use Permit. Case #2006-0301, 4300 Central AveNE BY: Jeff Sargent, City Planner DATE: March 9, 2006 j() BY: Background: Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow for the operation of a seasonal "mini garden center" (Flower Mart) in the easterly portion of the parking lot ofthe Rainbow Foods, 4300 Central Avenue, from April 15, 2006 through July 15, 2006. This will be the 17th year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. Section 9.106 (G)( 5) of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six-foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on March 8, 2006. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the three conditions listed in the recommended motion, with a 5-0 vote. Recommended Motion: fv.Iove to approve Resolution No. 2006~43 permitting the operation of a seasonal miDi-garden center at 4300 Central Avenue from April 15, 2006 through July 15, 2006, subject to the followlllg conditions: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Attachments: Draft Resolution 2006-43; P+Z Memo; Site Plan, Application information COUNCIL ACTION: -70- RESOLUTION NO. 2006-43 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)( e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 8, 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 offire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Dl>'3nn;nrr ("'ntnrn1Q~lnn. ~ ~UJ.llll.J..I.5 '-"V.L.I.~.I..I.""U""""_"""". 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar 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 propeliies. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe 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. -71- Resolution No. 2006-43 Page 2 7. Adequate measures have been or will be taken to minimize 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 immediate 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 ofthis 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 (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this _ day of March 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. 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I,' H J ~ ~ l' ~ ~ ~ ~ &.. c- f- ~ & SCALE 1" 200' Updated Updated Updated Updated Updated Updated - 2/25/00 RN - 3/15/01 RN - 11/5/01 RN 10/24/02 RN 10/23/03 RN 2/10/04 RN ; :" .' ~ . ~7c;\M . \l\fh&:iAin~k'Pkwv. . . '. . , " v .~.". . ..'~"!",~.:-",,,,:,".-:.:, ~~: .J- -.' .'St.' P"c;lU( MN.55.117 '.. '-,,-'.. ': (65.1)'25.5-0417.:: :'.... '. . . '. . Fi3x:: (651L255~0444:' ..' '. "1.. .' ....I;;.lJ1aiI:FIQvvetMprt.s~@ljn.<;Iers;cOri1. . GREENHQliS~S,'GARd~N' CE.NTE:R ~:.FLOWE.F,fMA.~t~. c~~~~~W>~~~~~~:.; . '. ~. :.~ ._ _~ 0'. '.. ,..... . .,' . - . ." '. . -." . ~ . " ,.. . .'. ., . .' ....FI,.OWER MARX OFFicE . - " . .,:' : ~ :- , . -.' ~. '.. ..)i'~W1i~~~relght8... ...... ..... ...... ............ .... . ..~..:;..Cqlumbia~H;eights~:.JVIN:' $542l~2$Qb.::; .'.. ". . . . . --.... . , . ': ." ..-' . . ...:' - - - '. ' . .: '. . ,.. . , . ~',- '. ' ,. _. .~ . . _.; :. :;... ' _ _ . " :..1 . . .'. ' !'.. ,~ ., ..:- -.'~'-' ..' . . ..... -'. .., ,:Iie,ar'!vIr:SJjl'ge~t;,i",. , . ,>"" .. .'. ." ..' .... ....... '. . .Att&cl1ed.toj:his)~tter is 'my'.a,ppii9ati.bri:for tlie2QQ6 Linde.trs;Flo\Vei:Miirt~tthe:CentrafV~fl;te: ", '., ,..... , .' .. .,:~;~f~~~:~1:j~~~e~~~~V:~~i~%1d~~~~~~~~t!irfskt~~~~IIW~:l;,i .. ,~: . .:;. .... other seaso:p.s ''wbiell we h8;ve been at thisJocaticrri. Weare. ~aget ti:>retuin Ior out' s.eve~teei1t~... . _".s}lcce~~fy1year.m~~lUmbiaB~~~hts... :'.' ,'. .' .'.... :.'. .~.:. .,': '.:....,:: ..... ' '. .....,. ""'" - '. '- .. -, . ~; . . . . , " . " . ' :,:. . '.'." ':. '_'.:~'. ,.:.. .,~, '_, '. _" ,. " .)' '~-':"'_'. 1. . '.. _ _ ".' ':~' . We nave developed :;t:Y~fy l~yal 'customer b~st? fu"Col1illibiaHeights who lOOKS fQ~ard-to o~'.. ' . . ,,'., re~~ y~ar. after 'ye.ar: rheY' ~ways 'wi:!llt the: co'p.sisteJ?,t q~~ty -that We' provi~e as wdl as our' - .' . ',,' .' ~xc~llent custom~r seivjbe'. 'Lin~er's 'Cc5psigers Columbia H~ights to be .one:. of our best Flower Mart'- u:'-" .... '-:~ . .:locationS: ,,:(,':c >. ..' " "".. . ...:.. .', "..: u'" ". ':, ." .: ;'. ".... ," .. ". u .' ,'. ..... ." ". ',"'. . ,.". . ". .... ", '. . . '.:: ...., ',. .." ,. . :,,: . . . . . . "."., :. ..:"..: :" '.' .' ..': :. .:-" ..' ",' :"::~,"'" ,.... . . . ",'.'" ;'" . . '. ", W~~Will:be~'Jocatbig inthe ~~e'lqcation as,w~have'f.or.the~e p.ast ye~s....',' . " . . <_:<~:.';,:"'>>-.-~":.'. .~. .'.<... ./.<",-.. "~'i':':':"'; .~. '::..,';',' '."'>,:" :"",. )..' ..... '~",.. ....,.'. ~.; ::.' .'::1> 1$..eieis'49'P~kiiig.'~~ja~(>,iitfQ,tpe:Flower Mart. W~don6t:'a.1l(rw:'sl;ho~d4g'~d~pfac~mai1Y::" . . ':,.' :~.":'.1~~s tc5'fua;eff~~t.,~~~k4i~)shar~ftiIto'~~";l;t~;' .'.: ':.- ,. . ....:.~ :.,.;-' ..... "~~:.,.,; . .... ~. _ ~. __. ....... ,~' . ~ l;~, :,:,,_'~-.:' ,..., ..-..r '.. . :". :' _'~':-'~ :~' : ;, -.' ", .,....,..;. ~_. ,. .' ..; .~-', '..:~ ~, '., .,2,;'Tnere are four 6 fO'O(ctO(jIS w~c~ remmn oii~n. ~uill,.):i1)les..dl,~_ng J5u~ine~s noi1,Is..-:: .. . ,.; ':. .- '. . - -. "' '... ~-' :: .:.,.....0.' ;.;..~.:-~.:;-}..-~...::;:>. .:, .,~" ~ ..",.~~~,...........:. ,;i~;%~~~~~~~fi;~i~;~;;:_:<~" n ...... ~., .. .. ~ '. '-, .j .~ . j~um!;:2'O,.200~ ,'. '.: . . .t'. I.... I' " i... '.'J_ '. .' .. ..-."'1: u .' '. " '_'~- ~~' 0(", ,'.~ .', --: "c'.;. '..',. :, ". '-.' -' .,~., . ::'. .- 11 :36:54 02.03.2006 6/10 414 231 7839 fl{iJJ::TG.. ~ N~~?t.~,~~~ 40 Skokie Boulevard, Suite tiOO, Nonhbrook, llIinois 60062 Telephone: (847) 272-9800 · Fax: (847) 480.1893 www.hcrilagerealty.com VlA UPS 2N~ February 1,2006 Mr. Jay Wollenberg Roundy's Supermarkets, Inc. P.O. Box 473 Milwaukee, WI 53201 Re: License Agreement dba Rainbow Foods Central Valu Center, Columbia Heights, MN Dear Mr. Wollenberg: We are pleased to enclose herewith, one (1) fully executed original of the above referenced Agreement. Should you have any questions or if we can be of any assistance, please do not hesitate to contact me directly or Pat Borgman in our Roseville, MN office at 651/631.0340 Sincerely, HE TAGE PROPERTY INVESTMENT TRUST, INC. , tt: L;J ackie Krol Leasing Assistant Enclosures cc: OLSA (w!copy) George Hoene - MN(w/copy) Nortbbrook File (w/originaI) -76- 11:37:18 02-03-2000 7/10 4142317939 GARDEN CENTER LICENSE AGREEMENT / This License Agreement is made this _~ day of .-:li~'\.~ Ii by and between Bradley Operating Limited Partnership, a D aware (hereinafter referred to as "Landlord"), and RBF ~, a Wisconsin (hereinafter referred to as "Licensee"). tiC fJ1;:?' WITNESSETH THAT /Y l 2006, corporation corporation WIffiREAS, Landlord has agreed to grant a license to Licensee upon certain tenns and conditions. NOW, THEREFORE, in consider of the mutual agreements herein contained, and for other good an.d valuable consideration, the receipt and sufficiency of which is here ac1mowledged, the patties hereto hereby agree as follows: 1. Grant of License: Subject to the tenns and conditions here, Landlord hereby grants Licensee a license to operate a temporary Greenhouse upon that portion of the Central Valu Parking Lot outlined in Exhibit A (attached hereto). The License shall allow Licensee, its employees and agents, to enter upon the premises in cODnection with Licensee's operation. Said License shall commence March 15\ 2006 and expire July 15, 2006. Licensee shall be allowed Ten (10) days prior and after to set-up and take-down said Greenhouse. 2. J)censee Ac.tivities: The Greenhouse shall sell only materials legal tmder Minnesota law offered to the public for sale. If Landlord shall determine that any particulaT sale item is inappropriate, Licensee shall immediately remove said item. Ail Greenhouse sales activities conducted on the premises shan meet all local" state and federal laws. Licensee shaH obtain an necessary pennits for premises and use prior to entering said premises. 3. Greenhouse Sale Opera~ion; Licensee shall conduct its activities upon the Greenhouse site at all times in a. safe and orderly manner. Licensee shall provide, at Licensee's expense" all personnel, equipment and other items necessary to set- up, operate and take-down Greenhouse sale including, but not limited to: (a) Necessary hoses, racks and extension cords to operate equipment and display goods. (b) Daily cleaning of premises and area immediately surrounding premises. Licensee shall haul away its own trash at their expense. landlord resen'es the right to request more fi'equent clean ups as needed. -77- 11.37:59 02.03.2006 8/10 414 2:31 7939 (c) Final clean up of the premises promptly upon completion of License Agreement.. (d) All employees of said Greenhouse sale. (e) Greenhouse promotions and advertising. 4. Fee: Licensee sha1l not pay a fee to Landlord. 5. .Indemnity;. Licensee hereby agrees to indemnify and hold harmless Landlord, its agents, employees, officers and directors from any and all actions, claims, liabilities, damages, losses, costs and expenses including, but not limited to attorney fees of any kind or nature arising or connected with the operation of the Greenhouse sale, or operations of Licensee's agents, employees, or c.ontractors or arising out of Licensee's breach, violation or non~perfonmmce of any condition contained herein. No mechanics or material liens may be filed against the premises arising from Licensee's action on the premises. 6. Insl!nmce~ Licensee shall procure and m.aintain in force during the term of this License, at Licensee's sole cost and expense, a policy of general liability insurance, insuring Licensee from all claims sustained by one. or more persons in the amount of at least Two Million and NollOO Dollars ($2,000,000.00) and arising from, relating to, or connected with Licensee presence Qr activities upon the premises. Said policy shall name Landlord, as an additional insured. Licensee shall provide Landlord with a copy of the certificate evidencing said insurance. Licensee shall have no light to enter upon premises without certificate of insW"ance being first delivered to Landlord. 7. Final Clean Up: Licensee shall be responsible for final clean up of site after completion of License. Landlord "vill allow Ten (10) days or until July 25, 2004, to dean u.p and remove all equipment, product, etc., and return area to their . eXlsting condition prior to use, ordinary wear and tear excepted. 8 Utilities: Licensee, in advance, shall pay to Landlord $100.00 for the cost of electricity usage and $200.00 for the cost of water usage during the tenn of the License as additional expenses. Further, Licensee agrees to provide and maintain an internal ground. fault circuit interruption protected main circuit (GFCI), exclusive of how electrical power is delivered by Landlord, and in advance of any distribution to all internal, or external outlets, and warrants that it will maintain this GFCI protection in proper working condition at all times during the licensed period. 9. Default: In the event Licensee defaults in the performance of its obligations hereunder, Landlord shall provide notice to Licensee of said default and Licensee shall i.:mmediately cure the default. If said default is not -78- ') 11:38:48 02-03-2006 ~l /10 414231 793C, immediately cured, the lice,nse may be immediately tenninated. In addition, Landlord will have the right to pursue other lawful remedies available to them. 10, Binding Effect: This Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their suc.cessors and assigns, 11. Entire Agreement: This: Agreement constitutes the complete final agre,ement between parties hereto. This Agreement may be modified or altered only by agreement in writing between Landlord and Licensee. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED this License Agreement as of the date first above-written. Witnesses for Landlord: BRADLEY OPERATING LIMITED PARTNERSHIP, By: Heritage Realty Managemenf., Inc., as managing agent for landlord, , IfJ ~ o..o_'L ~-_Y&01!Jl- _$d~ ~A~ ,r'] / ' ) -',-WC;(' . [Please ig~ By: Name: Bruce Heitzinger Title: Director of Leasing, Midwest fl (t .' j \, . \( _ i _ / -~''>r-' REF ~ u.( " ,.- ... ~ / t)fl..- /" Witnesses for Licensee: .' : 1 / ( .~ .; -f.At( r" l,---- .r By: Name] I I/" I <: r ..e-lS L~;e. Title) Name: Title: -79- ~ 4142317939 ". EXHIBIT A LICENSED AREA ! L~.. Fo". :-.-.... ....- ; I ,N '-" _..........~ ~ ~ ,~ ~,. /.~ ~ ;\1;: ?t: ~ ...,.,"'..... ~ ;1~ Z..6 rJ'" I; ~ 'I' " ; ,., r. ." ~ ./" ,: '-< ~ 'i::: - ~ ; I' -- ~'" '" ;I~' a~ ' ~ . I . '.. - ~L lWl"" ~ ~ I"~;~ ~ ~ -'. ~ :;;:' 'l~ i ,./ We ffi$4':d .Aretl ~I..,I . ,/'CA-C\lri11 Avenue N-E"'-". '" I ' t, .... ficlricifV HM ," "",-' .....:.; . . .' .:' .....:' .::.. ':::.' : .:':: ;.~. I . -80- d 11:39:17 (") ('tI ::l J@ ~ c- ,() (!) ::1 ...... (1) ...., t .S; I; )> ,! ~ t ~ ,Z m ......; 02.03,2006 10/10 ~J-='!l I~I I. ~ ~ =.:.w...~ ~ . i I co 0. w ..... "00 '3'N '3^V 4lvv ~~~< .l--- ...i.:~...~~.;:,,--,e.~ --- . .,.... 'I. ._. . o . ~ & ~ J6 '-2 ;;., I..b l (;)J. j /~ . / / //1// /// / / / / / / // I / / / / // / / / / / /1 /// / / 'J ~\\\\\\~\\\~~\~\~~~\ \~\~\\\\\ ~ \\\\\\\\ .\\\ .\\\\\\ - 7o/f!j;//If/III;/////7 ..: /~~/ ~ I I / . / / . ill 1/ --- I Ii II! I ~'::::i< . ~,Sl] -T~-~ . > I ~~~~~~;I.. ~ : ii WJ1Ili1&/I/$ i, U <Ii,: .;. ..~ ~ ~ u.I ---j ~ I ~ ~ ~, ?1,,1 ~.~._ Ct.:! WG ~~ o:I. ~4 ...... if) d} C(~ wJ oJ o 20 J . \\ ///11/11// 111/11/ I I ILl ///////////////11/1/// ~~~~~~'\~~~ . ~~ I I . --~ : '3'N '3^V PJ8P' TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT . . IN THE CENTRAL VALU MALL SHOPPING CENTER. EXHIBIT A . -81- a:1 +-' o en OJ c: c: .- E .. (/) ..- ..s::: - 0) -.- CO(l) , ..c E~ .- .0 ::Jt: - ::J COo >0 ....... CO ~ ! +=' C' CD <J)::J ()~ > C\j (U ~ +-' c: <J) () Columbia Heights - Rainbow Floor Plan Service 30' Counter (2) 66' (i \ . ~'. . . \ \ \ \ "' "' ~~ \ \ " "' Q . . Fire --------J ~': . Extinguisher . (2) '. tJ I ~ " . 6' Exits (2) I oot N I : 6' \ Aisle \ \ : 54' . ~ . . . . . . 42' . . . 00 12' High Greenhouse Scale: 3/32" = I' ~! JiIil.. ~ ~ ~~ ~ .~ ~~ ~ .~ N::;). ~~ ~ ~~ ~ ~ t:U .~ ~ -83- CITY COUNCIL LETTER Meeting of: March 13, 2006 I AGENDA SECTION: NO: CONSENT 5A \3 ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: 2006-2007 TEAMSTERS LABOR AGREEMENT- SERGEANTS NO: The current labor agreement between the City and the Teamsters1 ~o~~ 20, representing police Sergeants, terminated on December 31, 2005. Negotiations betw~n the City's negotiating team and the Teamsters resulted in a mutually acceptable labor agreement for calendar years 2006 and 2007. The proposed changes are as follows: Wages: 2006: 2007: 3.0% adjustment over 2005 wages 3.0% adjustment over 2006 wages Insurance: 2006: 2007: $625 per month (2005 $645 per month $555 per month, plus additional $70 for 2005 only) Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $400 per full-time employee for 2006; and $400 per full-time employee for 2007. (2005=$400). Shift Holdovers Employees may choose between compensatory time and monetary payment for overtime hours worked (currently compensatory time only) . Court Time Incorporation of court time language into contract (reflects current practice). Employees may choose between compensatory time and monetary payment for overtime hours worked (currently compensatory time only) . p.O.S.T. License Employer shall pay P.O.S.T. license fee when due. Miscellaneous ~ Incorporation of vacation pick language which reflects the current practice. . Added language to contract to reflect maximum compensatory time employees can have on the books. . Clarified language on maximum accumulation of sick leave (from number of days to number of hours) . Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2006 and 2007. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-32, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320--police Sergeants, effective January 1, 2006 - December 31, 2007. COUNCIL ACTION: -84- RESOLUTION 2006-32 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEM~TS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants 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 of the 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 Teamsters, Local 320-Police Sergeants, 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 13th day of March, 2006. Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -85- February 6, 2006 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE TEAMSTERS (pOLICE SERGEANTS) 1. ARTICLE IX SENIORITY 9.5 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 during that calendar year. A continuous vacation period is defined as three or six. consecutive work days. 2. ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of six hundred twenty-five dollars ($625) per month per employee for calendar year 2006 for group health, including dependent coverage, life, and long-term disability insurance. 11.2 The EMPLOYER will contribute up to a maximum of six. hundred and forty-five dollars ($645) per month per employee for calendar year 2007 for group health, including dependent coverage, life, and .long-term disability insurance. 3. ARTICLE XV . SICK LEA VB 15.2 Sick leave may be accumulated to a maximum of960 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 sllch surplus is earned. 4. ARTICLE XIX WAGE RATES 19.1 Effective January 1, 2006: Entry: After 1 year: After 2 years: After 3 years: $5,254 $5,428 $5,601 $5,774 19.2 EffectiveJanuary 1,2007: Entry: After 1 year: After 2 years: After 3 years: $5,412 $5,590 .$5,769 $5,947 - 86- L'~t..._nn"",,T h ,)()f\f; .1' I:JU.l4l1J.,Y v, ....vvv 19.3 As a form of additional compensation, the City will contribute $1 per permanent 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 $400 for caiendar year 2006, and $400 for calendar year 2007. 5. ARTICLE XX SHIFT HOLD OVERS 20.1 Employees will be compensated at one and one-half (1 ~) times the employee's regular base pay rate for every hour that the Employer requires the Employee to extend hislher shift. I 20.2 In the event an Employee is called in to work a shift other than hislher regularly scheduled shift, the Employee will be compensated at one and one-half (1 ~) times the employee's regular base pay rate for every hour that the Employer requires the Employee to work. Changes of shifts do not qualify an Employee for overtime under this article. . 20.3 An Employee may choose to receive compensatory time in lieu of monetary payment for overtime hours worked under Sections 20.1 and 20.2. Compensatory time may be accumulated to a maximum of30 hours. 6. ARTICLE XXI COURT TIME An employee who is required to appear in Court during hislher scheduled off-duty time shall receive time and one-half (1 ~) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one-halftimes (1 ~) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour :minimum. For Anoka Count-j Attorney's Office cases, when a Police Sergeant is off duty $lnd has been notified that his or her testimony may be necessary, the Police Serge::lnt shall receive two hours of standby compensation a straight time (to be paid or taken as compensatory time at the Sergeant's election) for each day that he or she is to continue calling for instructions. Maximum accumulation of compensatory time, however earned, cannot exceed 30 hours. 7. ARTICLEXXII P.O.S.T. LICENSE The Employer shall pay the P.a.S.T.license fee for each Sergeant when due. 8. ARTICLE XXIIT WAIVER (Change in article number only) 9. ARTICLE XXIV DURATION This AGREEMENT shall be effective as of January 1, 2006, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2007. -87- CITY "'''''TT'l.TI'''ITT ~Y-=,!o"~...I...i..i LETTER Meeting of: March 13, 2006 AGENDA SECTION: NO: CONSENT s--A-l~ ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL .iJ' ITEM: 2006-2007 PMA MEMORANDUM OF UNDERSTANDING BY: DATE: NO: The current Memorandum of Understanding between the City and the public Managers' Association, representing Division Heads, terminated on December 31, 2005. Negotiations between the city's negotiation spokesperson and PMA have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2006 and 2007. The proposed changes are as follows: Wages: 2006: 2007: 3% adjustment over 2005 3% adjustment over 2006. As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of $1,300 per year per employee for 2006 and $1,350 per year per employee for 2007. In lieu of the cash payment, the employee may choose to apply such amount toward a City-sponsored deferred compensation program on a dollar-far-dollar matching basis. (2005=$1,250) Insurance: 2006: 2007: $625 per month (2005 $645 per month $555 per month, plus additional $70 for 2005 only) Post Employment Health Care Savings Plan: Employees may elect to contribute 5% of their base salary to the City's Post Retirement Health Care Savings Plan. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2006 and 2007. Also attached is a copy of the new contract language, incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-33 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2006 - December 31, 2007. COUNCIL ACTION: -88- RESOLUTION 2006-33 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMJUA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2006 and 2007; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Vantagecare Retirement Health Savings (RRS) Plan is hereby amended to include an elective participation by the Public Managers' Association whereby if participation is elected, there will be a mandatory employee contribution of 5% of earnmgs. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 13th day of March, 2006. Offered by: Seconded by: Roll Call: Ayes: Nayes: Gary L. Peterson, Mayor Patricia Muscovitz, CVM Council Secretary/Deputy City Clerk -89- 2-9-06 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE PUBLIC MANAGERS ASSOCIATION 1. INSURANCE The EMPLOYER will contribute a maximum of six hundred twenty-five dollars ($625) per month per employee for calendar year 2006 for employee life insurance, group health insurance, long tenn disability insurance, and dental insurance. Should the cost of such benefits be less than $625 per month, the difference may be used toward any other City-provided insurance benefit and/or lCMA deferred compensation. The EMPLOYER contribution per month per employee for calendar year 2007 for employee life insurance, group health insurance, long term disability insurance, and dental insurance will be six hundred and forty-five ($645) dollars. Should the cost of such benefits be less than $645 per month for 2007, the difference may be used toward any other City-provided insurance benefit and/or lCMA deferred compensation. 2. POST E:MPLOYMENT HEALTH CARE SAVINGS PLAN Employees may elect to contribute 5% of their base salary to the City's Post Retirement Health Care Savings Plan. Eligibility requirements, effective dates, and plan components are subject to the provisions of the Employer Vantagecare Retirement Health Savings (RRS) Plan Adoption Agreement. 3. WAGES See Appendix A. As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maxhilum of $1,300 per year per employee for 2006 and $1,350 per year per employee for 2007. In lieu of the cash payment, the employee may choose to apply such amOUll.:t toward a City-sponsored deferred compensation program on a dollar-for-dollar matching basis. 4. DURATION This Memorandum of Understanding shall be effective as of January 1, 2006, unless otherwise noted, and shall remain in force and effect until December 31, 2007. This agreement shall continue in effect until a new agreement or contract supersedes it. -90- APPENDIX A Effective January 1. 2005: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $5,549 $5,682 $5,816 $6,083 $6,284 $6,484 $6,685 COMMUNITY DEV. DIRECTOR $6,188 $6,338 $6,487 $6,785 $7,009 $7,232 $7,456 FIRE CHIEF $6,188 $6,338 $6,487 $6,785 $7,009 $7,232 $7,456 POLICE CHIEF $6,556 $6,714 $6,872 $7,188 $7,425 $7,662 $7,899 FINANCE DIRECTOR $6,733 $6,895 $7,057 .. $7,382 $7,625 $7,869 $8,112 PUBLIC WORKS DIRECTOR $6,986 $7,154 $7,323 $7,659 $7,912 $8,164 $8,417 Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Effective January 1. 2007: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $5,715 $5,853 $5,991 $6,266 $6,473 $6,679 $6,886 COMMUNITY DEV. DIRECTOR $6,374 $6,528 $6,682 $6,989 $7,219 $7,450 $7,680 I FIRE CHIEF $6,374 $6,528 $6,682 $6,989 $7,219 $7,450 $7,680 I POLICE CHIEF $6,753 $6,916 $7,078 $7,404 $7,648 $7,892 $8,136 FINANCE DIRECTOR $6,935 $7,102 $7,269 $7,603 $7,854 $8,104 $8,355 PUBLIC WORKS DIRECTOR $7,196 $7,370 $7,543 $7,890 $8,150 $8,410 $8,670 Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. -91- CITY COUNCIL LETTER Meeting of: March 13, 2006 AGENDA SECTION: Consent NO: SAlb ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: Resolution 2006-42, Being a Resolution Regarding the City Manager's Compensation BY: DATE: Walt Fehst March 8, 2006 CITY MANAGER'S APPROVAL BY: '..~' /"' DATE:.77ll -1 &;06 NO: As in previous years, the City Manager has received an adjustment in compensation consistent with that given the Public Managers' Association (PMA's). In order to continue this policy for the City Manager, the following pay adjustments would be granted:: Effective January 1,2006: Effective January 1, 2007: 3% pay adjustment 3 % pay adjustment Effective January 1, 2006, $625 per month Employer contribution to insurances Effective January 1, 2007, $645 per month Employer contribution to insurances The attached resolution makes these changes to the City Manager's compensation. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2006-42, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-42, being a resolution regarding the City Manager's compensation. COUNCIL ACTION: -92- RESOLUTION NO. 2006-42 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, in previous years, the City Manager has received an adjustment in compensation consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other management employees: Effective January 1,2006: Effective January 1,2007: 3% pay adjustment 3 % pay adjustment Effective January 1,2006: $625 per month Employer contribution to insurances Effective January 1,2007: $645 per month Employer contribution to insurances Passed this 13th day of March, 2006. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -93- CITY COUNCIL LETTER Meeting of: March 13, 2006 AGENDA SECTION: NO: CONSENT SA flo ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL ITEM: ADOPTING 2006-2007 SALARY & FRINGE BENEFIT ADJUSTMENT FOR NON-UNION SUPERVISORY EMPLOYEES BY: DATE: LINDA L. MAG 3 - 6 - O~~\ NO: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union supervisory employees. The proposed changes are as follows: Wages: 2006: 2007: 3.0% adjustment over 2005 3.0% adjustment over 2006 Insurance: 2006: 2007: $625 per month (2005 $645 per month $555 per month plus additional $70 per month for 2005 only) Deferred Compensation: As a form of additional compensation, the City will contribute $1 per 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 $350 for calendar year 2006 and $350 for calendar year 2007. (2005= $300) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-34, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2006 and 2007. COUNCIL ACTION: -94- RESOLUTION 2006-34 ADOPTING CHANGES IN NON-UNION SUPERVISORY S..ALA ~y :RANGES, ESTft...BLISHING SAL)....RIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth hnplementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached for calendar years 2006 and 2007; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 13th day of March, 2006. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -95- RESOLUTION 2006-34 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISIDNG SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached for calendar years 2006 and 2007; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 13th day of February, 2006. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -96- SCHEDULE A 2006 MONTHL Y SALARY SCHEDULE EFFECTIVE JANUARY 1, 2006 Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,721 $2,814 $2,906 $2,999 $3,092 ASSISTANT LIQUOR $3,319 $3,433 $3,546 $3,659 $3,772 OPERATIONS MANAGER ACCOUNTING COORDINATOR $3,401 $3,517 $3,633 $3,749 $3,865 IS TECHNICIAN SPECIAL PROJECTS COORDINATOR $3,509 $3,629 $3,749 $3,868 $3,988 ADMINISTRATIVE ASST-PUB WORKS CHILDREN'S LIBRARIAN $3,623 $3,746 $3,870 $3,993 $4,117 ADULT SERVICE SPECIALIST POLICE SUPPORT SERVICES SUPER. SENIOR CITIZENS COORDINATOR COMMUNITY DEVELOPMENT SPECIALIST ACCOUNTANT $4,228 $4,372 $4,516 $4,660 $4,804 VEHICLE MAINTENANCE SUPERVISOR $4,295 $4,442 $4,588 $4,735 $4,881 BUILDING OFFICIAL $4,485 $4,638 $4,791 $4,944 $5,097 COMMUNITY DEVELOPMENT ASST. $4,838 $5,003 $5,168 $5,333 $5,498 PLANNER ASSISTANT FINANCE DIRECTOR $4,986 $5,156 $5,326 $5,496 $5,666 PUBLIC WORKS SUPERiNTENDENT $5,078 $5,252 $5,425 ~l:: l::f'lO trc ..,...,..., toJ.'v,vvU o,jlv,ll I IS DIRECTOR $5,158 $5,334 $5,509 $5,685 $5,861 ASSISTANT CITY ENGINEER RECREATION DIRECTOR $5,234 $5,413 $5,591 $5,770 $5,948 LIQUOR OPERATIONS MANAGER $5,920 $6,122 $6,323 $6,525 $6,727 -97- SCHEDULE A 2007 MONTHL Y SALARY SCHEDULE EFFECTIVE JANUARY 1, 2007 Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,803 $2,898 $2,994 $3,089 $3,185 ASSISTANT LIQUOR $3,419 $3,535 $3,652 $3,768 $3,885 OPERATIONS MANAGER ACCOUNTING COORDINATOR $3,424 $3,541 $3,658 $3,774 $3,891 IS TECHNICIAN SPECIAL PROJECTS COORDINATOR $3,615 $3,738 $3,862 $3,985 $4,108 ADMINISTRATIVE ASST-PUB WORKS CHILDREN'S LIBRARIAN $3,732 $3,859 $3,987 $4,114 $4,241 ADUL T SERVICE SPECIALIST POLICE SUPPORT SERVICES SUPER. SENIOR CITIZENS COORDINATOR COMMUNITY DEVELOPMENT SPECIALIST ACCOUNTANT $4,354 $4,503 $4,651 $4,800 $4,948 VEHICLE MAINTENANCE SUPERVISOR $4,424 $4,575 $4,725 $4,876 $5,027 BUILDING OFFICIAL $4,620 $4,778 $4,935 $5,093 $5,250 COMMUNITY DEVELOPMENT ASST. $4,983 $5,153 $5,323 $5,493 $5,663 PLANNER ASSISTANT FINANCE DIRECTOR $5,136 $5,311 $5,486 $5,661 $5,836 PUBLIC WORKS SUPERINTENDENT $5,231 $5,409 $5,587 $51766 $5,944 IS DIRECTOR $5,313 $5,494 $5,675 $5,856 $6,037 ASSISTANT CITY ENGINEER RECREATION DIRECTOR $5,391 $5,575 $5,758 $5,942 $6,126 LIQUOR OPERATIONS MANAGER $6,098 $6,305 $6,513 $6,721 $6,929 -98- SCHEDULE A INSURANCE The EMPLOYER will contribute up to a maximum of six hundred and twenty-five dollars ($625) per month per employee for calendar year 2006 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $625 per month, the difference may be used toward any other City- provided insurance benefit and/or a City sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of six hundred and forty-five dollars ($645) per month per employee for calendar year 2007 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $645 per month, the difference may be used toward any other City- provided insurance benefit and/or a City-sponsored deferred compensation program. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per 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 $350 for calendar year 2006 and $350 for calendar year 2007. -99- CITY COUNCIL LETTER Meeting of: March 13r 2006 AGENDA SECTION: NO: CONSENT S:A t7 ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL ITEM: ADOPTING 2006-2007 SALARY & FRINGE BENEFIT ADJUSTMENT FOR NON-UNION ESSENTIAL AND CONFIDENTIAL EMPLOYEES BY: DATE: LINDA L. 3-7-06 BY:~~ ATE: Y" r- NO: Attached is a resolution and schedule reflecting proposed adjustments for non-union essential and confidential employees. follows: salary and fringe benefit The proposed changes are as Wages: 2006: 2007: 3.0% adjustment over 2005 3.0% adjustment over 2006 Insurance: 2006: 2007: $625 per month (2005 $645 per month $555 per monthr plus additional $70 for 2005 only) Deferred Compensation: As a form of additional compensationr the City will contribute $1 per 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 $500 for calendar year 2006 and $500 for calendar year 2007. (2005= $500) RECOMMENDED MOTION: Move to waive the reading of the resolutionr there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-35r adopting changes in non-union group salary rangesr and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2006 and 2007. COUNCIL ACTION: -100- RESOLUTION 2006-35 ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SA-LA RIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable W Olih Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager for calendar years 2006 and 2007; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 13th day of March, 2006. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -101- SCHEDULE B 2006 MONTHLY SALARY SCHEDULE Effective January 1, 2006 Entry 6 Months 1 Year 2 Years 3 Years Payroll/Accounting Clerk $3,134 $3,241 $3,347 $3,454 $3,561 Administrative Secretary $3,293 $3,405 $3,517 $3,630 $3,742 Deputy City Clerk/Council Secretary $3,293 $3,405 $3,517 $3,630 $3,742 Assistant Fire Chief $5,158 $5,334 $5,509 $5,685 $5,861 Police Captain $5,533 $5,721 $5,910 $6,098 $6,287 Assistant to the City Manager/ $5,708 $5,902 $6,097 $6,291 $6,486 Human Resources Director -102- SCHEDULE B 2007 MONTHLY SALARY SCHEDULE Effective January 1, 2007 Entry 6 Months 1 Year 2 Years 3 Years Payroll/Accounting Clerk $3,228 $3,338 $3,448 $3,558 $3,668 Administrative Secretary $3,392 $3,507 $3,623 $3,738 $3,854 Deputy City Clerk/Council Secretary $3,392 $3,507 $3,623 $3,738 $3,854 Assistant Fire Chief $5,313 $5,494 $5,675 $5,856 $6,037 Police Captain $5,699 $5,893 $6,087 $6,282 $6,476 Assistant to the City Manager/ $5,879 $6,080 $6,280 $6,481 $6,681 Human Resources Director -103- SCHEDULE B INSURANCE The EMPLOYER will contribute up to a maximum of six hundred and twenty-five dollars ($625) per month per employee for calendar year 2006 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $625 per month, the difference may be used toward any other City- provided insurance benefit and/or a City sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of six hundred and forty-five dollars ($645) per month per employee for calendar year 2007 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $645 per month, the difference may be used toward any other City- provided insurance benefit and/or a City-sponsored deferred compensation program. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per 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 $500 for calendar year 2006 and $500 for calendar year 2007. -104- RESOLUTION 2006-36 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY P ART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1,2006. Passed this _ day of ,2006. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -106- 2006 PART TIME LIBRARY EMPLOYEES SCHEDULE I PAGE Entry 6 months 12 months 24 months $8.83 $9.35 $9.87 $10.39 LIBRARY AIDE Entry 6 months 12 months 24 months 36 months $9.03 $9.60 $10.16 $10.73 $11.29 LIBRARY SUPERVISORS Entry 6 months 12 months $16.61 $17.53 $18.45 -107- 2006 PUBLIC \X/ORKS SEASONALS SCHEDULE IT 1 2 3 4 5 6 ENTRY YEAR YEARS YEARS YEARS YEARS YEARS SEASONAL $9.06 $ 9.27 $ 9.49 $ 9.70 $10.02 $10.34 $10.66 LABORER (INCLUDING RINK MAINTENANCE) WARMING HOUSE $9.06 $ 9.27 $ 9.49 $ 9.70 $10.02 $10.34 $10.66 ATTENDANT WARMING HOUSE $9.97 $10.21 $10 .44 $10.67 $11.03 $11.38 $11.73 LEAD ATTENDANT -108- 2006 SCHEDULE III RECREATION SEASONALS Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the Employer. POSITION ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 4 YEARS Summer Playground Asst. $7.62 $7.80 $7.97 $8.23 $8.50 $8.76 After School Instructor $7.62 $7.80 $7.97 $8.23 $8.50 $8.76 Trip Chaperone $7.62 $7.80 $7.97 $8.23 $8.50 $8.76 Facility Supervisor $8.29 $8.48 $8.67 $8.96 $9.24 $9.53 Scorekeeper (per game) $8.29 $8.48 $8.67 $8.96 $9.24 $9.53 Baseball Umpire -House League (Youth) $15/game -Traveling (Youth) $25/game Soccer Officials (Youth) $14/game Softball Umpires (Youth) -Youth Slow Pitch $13/game -Youth Fast Pitch. $25/game Basketball Officials (Youth) -House League $15/game Traveling $20/game Football Officials (Youth) $25/game Adult Athletics $16.48 $18.28 $20.09 $21.89 $23.69 $25.75 Umpire/Officials (Softball, Basketball, Volleyball, & Football) Performing Arts Instructor $8.34 $9.73 $11.12 $12.51 $13.91 $15.45 (Gymnastics, Cheerleading, and Ballet) Summer Playground Supervisor $8.34 $9.73 $11.12 $12.51 $13.91 $15.45 Trip Supervisor $8.34 $9.73 $11.12 $12.51 $13.91 $15.45 Program Instructor (Market rate--contingent upon approval of the Recreation Director and the Assistant to the City Manager.) -109- Rate 1 Rate 2 Rate 3 Rate 4 Rate 5 2006 SCHEDULE IV INTERNS $10.38 $10.88 $11.37 $11.87 $12.36 -110- CITY COUNCIL LETTER Meeting of: March 131 2006 AGENDA SECTION: NO: CONSENT SA (q ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: 2006-2007 IAFF LABOR AGREEMENT NO: BY: LINDA L. MAGEE DATE: 3 - 7 - 06 The current labor agreement between the city and the International Association of Firefighters I representing Firefighters I terminated on December 311 2005. Negotiations between the City's negotiation spokesperson and IAFF have resulted in a mutually acceptable labor agreement for calendar years 2006 and 2007. The proposed changes are as follows: Wages: 2006: 2007: 3.0% adjustment over 2005 wages 3.0% adjustment over 2006 wages . Bottom step eliminatedj six months step changed to entry rate. At the sole discretion of the Employer I newly hired employees may be started at up to the twenty-four m?nths rate of pay. . Insurance: 2006: 2007: $625 per month (2005=$555 per monthl plus additional $70 for 2005 only) $645 per month Deferred Compensation: Employer shall pay on a dollar-far-dollar matching basisj $350 per full-time employee for 2006j $350 per full-time employee for 2007. (2005=$300) Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 2006 and 2007. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-41, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-411 regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefightersl effective January 11 2006- December 311 2007. COUNCIL ACTION: -111- RESOLUTION 2006-41 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATION.A.L ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007; WHEREAS, a copy of said contract is available at the Office of the 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 IAFF 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 13th day of March, 2006. Offered by: Seconded by: Roll Call: Gary 1. Peterson, Mayor Patricia Muscovitz, CMC Council Secretary/Deputy City Clerk -112- February 8, 2006 ;;--t"i"TV ..iJl .4... TTi\/TDY A Lt~.CiTIf'j'C '-'.1..1. .I. '-'.I.' '--'-'.l..JUH'.LIJ.l.r.L .I.~.I.'-J".I..I..1. <J PROPOSAL TO IAFF (FIREFIGHTERS) 1. ARTICLE xvm n~SURANCE 18.1 TIie EMPLOYERwliI .contribute up to a niaxIDiUinof sIx hunclredtWentY- five dollars ($62S) p.er month per (permanent and probationary full-time) employee for calendar year 2006 for employee life insurance and group health insurance (including dependent coverage). 18.2 The EMPLOYER will contribute up to a maximum of six hundred forty-five dollars ($645) per month per (permanent and probationary full-time) employee for calendar year 2007 for employee life insurance and group health insurance (including dependent coverage). 18.3 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee health and life insurance dollars in 18.1 and 18.2 for dental insurance for all unit employees. 18.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER's group policy. 2. ARTICLE XXII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 2006, unless otherwise noted, and shall remain in force and effect until the thirty-first day of December, 2007. In the event a new contract. is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. 3. ARTICLE XXIV WAGES 24.1 2006 Wage Schedule Effective January 1,2006: After Classification: Firefighter Start to Twelve Months Twelve Months Twenty-Four Months Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two Months 40-Hour J::,c TT _n_ .Ju-nUUl Level Work Schedule Work Schedule Recruit Firefighter I $18.46/hour 70 % of Journeyman Firefighter rate Recruit Firefighter IT $19.78/hour 75 % of Journeyman Firefighter rate Recruit Firefighter III $21.1O/hour 80% of Journeyman Firefighter rate. Firefighter I $22.41/hour 85 % of Journeyman Firefighter rate Firefighter IT $23. 73/hour 90% of Journeyman Firefighter rate Firefighter III I $25.05/hour 95% of Journeyman Firefighter rate Journeyman Firefighter $26. 37/hour $13. 19/hour $14. 13/hour $ 15.07/hour $16.01/hour $16. 96/hour $17.90/hour $18.84/hour -113- February 8, 2006 Ar, 11____ 56-Hour 'tv-nuur After Level Work Schedule Work Schedule Classification: Captain Start to Six Months Captain I $27.42/hour $ 19. 58/hour (96 % of Captain III) Six Ivfonths Captain n- -$27. 99/hour $I9.99/hour- (98 % of Captain III) Twelve Months Captain ill $28. 56/hour $20.40/hour 24.2 2007 Wage Schedule Effective January 1, 2007: After Classification: Firefighter Start to Twelve Months Twelve Months Twenty-Four Months Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two - Months After Classification: Captain Start to Six Months Six Months Twelve Months Level 40-Hour Work Schedule 56-Hour Work Schedule $13.59/hour $I4.56/hour $I5.53/hour $I6.50/hour $I7.47/hour $1 8. 44/hour $I9.4l/hour 56-Hour Vlork Schedule $20.17/hour $20. 59/hour $21.0l/hour 24.3 Based on previous experience and traini11g, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the twenty-four months rate of pay. Recruit Firefighter I $I9.0l/hour 70 % of Journeyman Firefighter rate Recruit Firefighter IT $20. 37/hour 75% of Journeyman Firefighter rate Recruit Firefighter ill $21. 73/hour 80 % of Journeyman Firefighter rate Firefighter I $23.09/hour 85 % of Journeyman Firefighter rate Firefighter IT $24.44/hour 90 % of Journeyman Firefighter rate Firefighter ill $25. 80/hour 95 % of Journeyman Firefighter rate Journeyman Firefighter $27.16/hour Level 40-Hour Work Schedule 24.4 Employees shall successfully complete professional qualifications in order to be advanced to the next highest pay level within their classification. Captain I (96% of Captain III) Captain IT (98 % of Captain III) Captain ill $28.24/hour $28. 83/hour $29.42/hour 24.5 As a form of additional compensation, the City will contribute $1 per permanent 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 $350 for calendar :~~r14f1_f)6, and $350 for calendar year 2007. COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 13, 2006 AGENDA SECTION: ORIGJ]\.JATJ]\.JG DEP P..RTMENT: CITY I\1PJ\.JAGERS NO: Consent S:A2u CITY MANAGER APPROVAL ITEM: Approve continuance of hazardous BY: Larry Pepin BY: 14/ building at 4152 Cleveland Street DATE: 3/8/2006 DATE: NO: Background: Status of 4152 Cleveland Street. Closing on the sale of the property was delayed due to financial institutions resolving past contracts, paperwork and the death of one of the parties (Rico Amos). The condition of the property remains the same. Jamez Staples is purchasing the property fi.-om Jack Haverlack. The closing is scheduled for March 8, 2006, 1:00 PM. It is the staff recommendation to commence the 60 day period for substantial progress from the date of closing. Recommended Motion: Move to amend the original starting date of the substantial progress within 60 days to the property transfer date of March 8, 2006 for 4152 Cleveland Street NE, Columbia Heights, MN 55421 COUNCIL ACTION: -115- CITY COUNCIL LETTER Meeting of March 13, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY SA21 Fire MANAGER NO: APPROVAL ITEM: Rental Housing License BY: Gary Gorman BY~/ Applications NO: DATE: March 9,2006 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for March 13,2006 COUNCIL ACTION: -116- Occupany 1.0. 20227 30080 12222 10027 20030 30014 30016 "12064 12016 20202 12035 10011 12187 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Steven Caputo Mark Dunleavy David Ernewein William Kranz Howard Lapides David Lasky David Lasky James Nelson Jean Nixon Tracy Saloka Gale Seever David Wiger Anthony Wilczek -117- Property Address 180741ST 3725 MAIN 3820 HAYES 3854 Tyler 3822 3RD 4330 3RD 4322 3RD 174537TH 4700 JEFFERSON 4600 JOHNSON 5208 WASHINGTON 5045 4TH 3935 Tyler CITY COUNCIL LETTER Meeting of: March 13, 2006 AGENDA SECTION: EA22 ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley HansOt;.;jft . DATE: By:~A ~ NO: DATE: March 9,2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the March 13,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. 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 March 13, 2006 as presented. COUNCIL ACTION: -118- TO CITY COUNCIL March 13, 2006 * Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTR_ACTORS LICENSES BLDG Peoples Plumbing & Htg *Commers The Water Co *H.P. Pipeworks *Joe's Tree Service *Spectrum Sign Systems *PMTW, LLC 3599 Hoffman Rd, Wht Bear Lk 9150 West 35W Service Dr, Blaine 3670 Dodd Rd. Eagan 16344 Jarvis St, Elk River 2025 Gateway Cir, Centerville 709 Park St, Anoka -119- $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT . COUNCIL MEETING OF: MMuh I~r 2006. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUl'v1BIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed.in the attached check register covering Check Number -1l b2-Db through.JI L,3~ 1 in the amount of$ 11Q, sgt. '=31 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended fot payment. .' . . -120- ~~.A -2.3 ACS FINANCIAL SYSTEM 03/09/2006 16:02:09 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.......03/13/2006 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. . . . . . . . . . . . . . . . . . Source Codes........... ..... Journal Entry Dates......... Journal Entry Ids........... Check Number................ proj ect. . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. J:li'lnk....................... . I ucher .................... "'"" leased Date. . . . . . . . . . . . . . . N eared Date. . . . . . . . . . . . . . . . "'"" thru thru thru thru 116206 thru 116387 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 03/09/2006 16 BANK VENDOR Check History 03/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT ACE ICE COMPANY ARCH WIRELESS/METROCALL BELLBOY CORPORATION BRECKENITCH/LAURIE BROCKWAY/CHARLES CHISAGO LAKES DISTRIBUTI DAVENPORT/ROBIN DAY DISTRIBUTING CO DEEP ROCK WATER COMPANY ESCHELON EXTREME BEVERAGE G & K SERVICES GREATER METROPOLITAN HSG GRIGGS-COOPER & CO HANSON/JESSIE HEALTH COMMUNICAION INC HOHENSTEINS INC J & S MARKETING JJ TAYLOR DIST OF MN JOHN REID & ASSOCIATES JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KUETHER DIST. CO. LUND/TIM MARK VII DIST. MEDICINE LAKE TOURS MN CHIEFS OF POLICE EDUC MN DEPT OF ADMINISTRATIO MN DEPT OF HEALTH MN DEPT OF LABOR & INDUS NAWROCKI/BRUCE NEEDHAM DISTRIBUTING CO OFFICE DEPOT PITNEY BOWES LOUISVILLE RICE/KEN & RUTH TDS METRO COM THIFFAULT/WILFRED VERIZON WIRELESS WASHINGTON COUNTY WELLS FARGO BANK WINE MERCHANTS KCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS ACE ICE COMPANY AISH/MATT AMERICAN BOTTLING COMPAN BELLBOY BAR SUPPLY """" N N 116206 116207 116208 116209 116210 116211 116212 116213 116214 116215 116216 116217 116218 116219 116220 116221 116222 116223 116224 116225 116226 116227 116228 116229 116230 116231 116232 116233 116234 116235 116236 116237 116238 116239 116240 116241 116242 116243 116244 116245 116246 116247 116248 116249 116250 116251 116252 128.04 84.31 1,263.13 76.83 434.36 2,622.79 30.95 44.00 68.42 152.29 320.00 36.32 20,000.00 35,403.18 250.00 199.00 2,604.65 200.48 35,329.30 790.00 44,756.11 4,004.45 53,039.40 150.00 5,722.27 5,436.00 275.00 453.95 405.00 70.00 462.73 586.80 9.69 159.75 500.00 1,040.33 500.00 224.42 200.00 6,456.75 1,986.00 5,987.33 258,811.57 98.04 85.04 112.05 322.57 ACS FINANCIAL SYSTEM 03/09/2006 16 BANK VENDOR Check History 03/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT BELLBOY CORPORATION CAMP SNOOPY CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE CLASSIC BOWL DALE/EILEEN DEEP ROCK WATER COMPANY DEX MEDIA EAST LLC DOMINO'S PIZZA DROHMAN/SUSAN ELRITE/WILLIAM EXTREME BEVERAGE FARNER - BOCKEN FISCHER/TED GENUINE PARTS/NAPA AUTO GORMAN/GARY GRAND SLAM SPORTS & ENT GRIGGS-COOPER & CO HAMAN/LEONA HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KLESK/PETE KUETHER DIST. CO. MARK VII DIST. MCGEE/MICHAEL MN/SCIA OFFICE DEPOT PETERSON/MILDRED PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS SHOREVIEW COMMUNITY CENT STURDEVANT/JOE A VERIZON WIRELESS WORLD CLASS WINE XCEL ENERGY (N S P) ABC NEWSPAPERS ACE HARDWARE ACS ADVANCE AUTO PARTS INC AIRTEC INC AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY ANOKA COUNTY PROPERTY RE f-' N W 116253 116254 116255 116256 116257 116258 116259 116260 116261 116262 116263 116264 116265 116266 116267 116268 116269 116270 116271 116272 116273 116274 116275 116276 116277 116278 116279 116280 116281 116282 116283 116284 116285 116286 116287 116288 116289 116290 116291 116292 116293 116294 116295 116296 116297 116298 116299 AMOUNT 6,195.85 707.25 13,414.76 617.60 31.95 200.00 232.85 100.34 211.30 113.42 7.95 40.39 320.00 1,069.25 230.97 249.96 37.70 689.59 12,457.08 44.00 561.80 2,638.25 15,308.87 154.06 13,595.60 9,434.62 188.26 50.00 36.02 44.00 11,245.05 1,022.27 9,568.08 292.50 268.11 144.34 744.00 15,758.76 32.00 35.94 521. 85 29.52 123.40 36.40 505.33 46.00 19,832.79 ACS FINANCIAL SYSTEM 03/09/2006 16 BANK VENDOR Check History 03/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT ASPEN EQUIPMENT ASPEN MILLS, INC. ASTLE FORD INTERNATIONAL BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BATTERIES PLUS BAUER BUILT TIRE & BATTE BETTERLY INDUSTRIES INC BIFF'S,INC. BUSINESS JOURNAL/THE CATCO PARTS SERVICE CINTAS FIRST AID-SAFETY COLUMBIA PARK MEDICAL GR COMMISSIONER OF TRANSPOR CSC CREDIT SERVICES DAHLGREN SHARDLOW & UBAN DEEP ROCK WATER COMPANY DELEGARD TOOL CO. DEMCO, INC. DNR ENTERPRISES DOYLE LOCK SUPPLY EMC EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FLEX COMPENSATION, INC FUEL MASTER, INC G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GILLUND ENTERPRISES GIS RANGERS LLC GLASS MASTERS, INC GLOBAL PAYMENTS H & L MESABI HANKS SPECIALTIES HARMON AUTO GLASS HEIGHTS ELECTRIC INC. HOME DEPOT #2802 HONEYWELL INC INTEGRATED LOSS CONTROL IPC PRINTING KEEP INC/THE MACTA MADDEN & ASSOCIATES/FRAN MARCO, INC MEDICS TRAINING INC I-' N fl::o. 116300 116301 116302 116303 116304 116305 116306 116307 116308 116309 116310 116311 116312 116313 116314 116315 116316 116317 116318 116319 116320 116321 116322 116323 116324 116325 116326 116327 116328 116329 116330 116331 116332 116333 116334 116335 116336 116337 116338 116339 116340 116341 116342 116343 116344 116345 116346 347.36 507.82 253.26 1,192.46 993.25 461. 00 18.09 323.44 27.78 398.46 89.95 72 .74 156.09 623.00 67.40 25.00 8,117.59 60.55 80.40 40.20 2,089.45 295.77 900.00 49.52 4,884.61 168.00 795.00 1,259.15 188.47 708.78 147.99 6,620.74 290.00 33.33 227.07 57.51 438.11 138.00 1,028.69 2,340.00 352.00 306.17 25.00 600.00 62.30 6,768.00 525.00 ACS FINANCIAL SYSTEM 03/09/2006 16 BANK VENDOR Check History 03/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT MENARDS CASHWAY LUMBER-F 116347 743.42 METRO FIRE, INC 116348 180.00 METRO WELDING SUPPLY 116349 29.02 MIDWAY FORD 116350 193.67 MINNEAPOLIS FINANCE DEPT 116351 5,764.28 MINNESOTA SOCIETY OF CPA 116352 175.00 MN CHIEFS OF POLICE ASSO 116353 43.88 MN DEPT OF ADMINISTRATIO 116354 37.00 NATIONAL WATERWORKS, INC 116355 156.07 NEXT DAY GOURMET 116356 31.47 NORTH AMERICAN SALT CO 116357 4,091.61 NORTHERN DEWATERING INC 116358 3,912.18 NORTHERN WATER WORKS SUP 116359 247.30 OFFICE DEPOT 116360 476.27 ONE-CALL CONCEPT-GOPHER 116361 238.65 ORKIN 116362 59.83 PARKVIEW VILLA RESIDENT 116363 130.00 PIONEER RIM & WHEEL CO. 116364 150.12 PREMIER LIGHTING, INC 116365 264.71 QUICKSILVER EXPRESS COUR 116366 13 .47 RADIO SHACK 116367 85.19 RAPID GRAPHICS & MAILING 116368 4,566.00 SOO LINE RAILROAD 116369 4,271.54 I-' STAR TRIBUNE 116370 1,382.72 N STEVEN WALL APPRAISAL SR 116371 5,600.00 Ul STEWART LUMBER 116372 102.43 STREICHER'S GUN'S INC/DO 116373 169.45 SUBURBAN RATE AUTHORITY 116374 800.00 SUN PUBLICATION 116375 298.00 TERMINIX INTERNATIONAL 116376 479.25 TRANS-ALARM INC 116377 261.76 TRI-COUNTY LAW ENFORCEME 116378 60.00 TRUCK UTILITIES COMPANY 116379 -208.28 TULL BEARING 116380 264.65 VALLEY RICH COMPANY 116381 3,184.15 VERIZON WIRELESS 116382 156.32 VIKING SEWER & DRAIN SER 116383 242.50 VISU-SEWER CLEAN & SEAL 116384 4,050.00 VOSS LIGHTING 116385 54.45 WW GRAINGER,INC 116386 98.93 XCEL ENERGY (N S P) 116387 69.91 719,581.31 *** ACS FINANCIAL SYSTEM 03/09/2006 16 BANK VENDOR REPORT TOTALS: I-' N 0\ CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 03/13/2006 COUNCIL :LISTING CHECK NUMBER AMOUNT 719,581.31 RECORDS PRINTED - 000866 ACS FINANCIAL SYSTEM 03/09/2006 16:02:12 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06. 70 RECl~PPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 270 376 410 411 415 420 601 602 603 604 609 652 701 720 883 I i """"7 N '-1 rAL DISBURSEMENTS ---------------------------- GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT DARE PROJECT TAX INCREMENT BONDS SHEFFIELD REDEVLPMNT:NON-TIF CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-GEN ESCROW FLEX BENEFIT TRUST FUND ALL FUNDS 70,496.09 329.86 4,576.09 622.92 8,355.14 2,002.76 687.34 15,734.64 8,117.59 1,865.94 6,807.94 25,683.38 2,883.51 8,397.90 3.25 108.50 279,218.49 1,684.36 14,428.05 1,847.25 130.00 255,423.50 10,176.81 719,581.31 BANK RECAP: BANK NAME DISBURSEMENTS ---------------------------- BANK CHECKING ACCOUNT TOTAL ALL BANKS 719,581.31 719,581.31 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: March 13, 2006 AGENDA SECTION: Items for Consideration { ~A NO: \(,/ ORIGINATING DEPARTMENT: Community Development BY: Jeff Sargent DATE: March 8, 2006 ~ CITY MANAGER'S APPROVAL ITEM: Emergency Ordinance No. 1506, an interim ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; and Regulating Transitional Housing. BACKGROUND: In light of recent developments regarding the institution of transitional housing in the residential neighborhoods of Columbia Heights, staff is recommending Council adopt the Emergency Moratorium Ordinance No. 1506, for a period of no longer than one (1) year. During this time City Council will be studying and looking at options addressing this concern. RECOMMENDATION: Staff recommends adopting Emergency Ordinance no. 1506, for the purpose of protecting the planning process and the health, safety, and welfare of City residents; and regulating transitional housing in residential neighborhoods. RECOMMENDED MOTION: Move to waive the reading of Emergency, Ordinance No. 1506, there being ample copies available to the public. Move to Adopt Emergency Ordinance No. 1506, being an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; and Regulating Transitional Housing in Residential Neighborhoods. Attachments: Draft Ordinance No. 1506 COUNCIL ACTION: -128- EfvmRGENCY ORDINANCE NO. 1506 AN INTERMI ORDI1"~ANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING TRANSITIONAL HOUSING IN RESIDENTIAL DISTRICTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five residential districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The five residential districts are further classified in the Columbia Heights Zoning and Development Ordinance as R-1, Single Family Residential, R-2A, One and Two Family Residential, R2-B, One and Two Family Residential, R-3, Multiple Family Residential, and R-4, Multiple Family Residential Districts; and, Section 5: The City Council determines it is necessary to undertake a land use study to determine the impact transitional housing has on the residential neighborhoods, including specifically defming what transitional housing is, where the transitional housing may be located throughout the City, and how close similar transitional housing units may be from one another; and, Section 6: The Columbia Heights City Council fmds it necessary and appropriate to prohibit the expansion of existing transitional housing and the introduction of new transitional housing within the City, while the information is gathered regarding existing transitional housing so as to obtain an accurate depiction ofthe effects such existing transitional housing have in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.3 55, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the plaililllg process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on transitional housing in the R-3, Multiple Family Residential District and the R-4, Multiple Family Residential District effective immediately and terminating on March 13, 2007, and recognizing said time period may be shortened by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of transitional housing and the expansion of transitional housing within the R-3 and R-4 Residential Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. -129- Section 10: This Ordinance shall be in full force and effect immediately. Offered by: Seconded by: Roll Call: Date of Passage: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk -130- COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions ~B Community Development APPROVAL NO: , /I ITEM: 151 Reading: Ordinance 1507, Zoning BY, JeffSargen~ City Pla:g BY: 4~~4/ I- Amendment to the Zoning Code as it Relates to DATE: March 9, 2006 Swimming Pools and Hot Tubs Meeting of: March 13, 2006 BACKGROUND: The current Zoning Code requires that all swimming pools shall be enclosed by a non- climbable wall, fence or combination thereof at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. The Zoning Code does not have specifically mention hot tubs, nor does it defme aboveground, in-ground, or hot tub pools. A recent concern from a resident prompted City Staff to look into the question as to whether a hot tub would require the installation of a 6-foot high fence for safety purposes. Staff feels that because hot tubs come equipped with a child-resistant cover, this would suffice the security measure that the 6- foot tall fence attempts to achieve. The requirement for a 6-foot high fence around an aboveground or in-ground pool is for several reasons. This fIrst is for the general safety and welfare of the public. The fence acts as a physical barrier that would prohibit small children from accessing the property and gaining entrance into the pool. A second reason for the fence is for privacy. A fence helps deflect some amount of noise, which is typical when an outdoor recreational pool is in use, as well as being a visual barrier into and out of the pool area. By nature, Staff feels that hot tubs in general are less intrusive, and are used for different purposes. Generally, the noise generated by hot tubs users would be substantially less than those using an aboveground or in-ground pool. Also, because hot tubs are equipped with lockable covers, this would prevent the access into the hot tub from children in the area. REcor~ilviENDATiON: Tile Planning and Zoning Commission recommends that the City Council approve the requested zoning amendment. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1507, being ample copies available to the public. Move to set the second reading of Ordinance No. 1507 for Monday, March 27,2006 at approximately 7:00 p.m. in the City Council Chambers. Attachments: P+ Z Memo, Draft Ordinance COUNCIL ACTION: -131- DRAFT ORDINANCE NO. 1507 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND HOT TUBS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions: ~ 9.103 DEFINITIONS. SWIMMING POOL, ABOVE GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half (3.5) feet above ground grade or has a capacity of more than three-thousand (3,000) gallons of water. SWIMMING POOL, HOT TUB. AIl pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than seven-hundred fIfty (750) gallons of water, including such pools generally constructed with a fIlter unites), pump(s), water jet(s), molded seating and a heating unites). Any hot tub greater than 750 gallons of water shall be considered an aboveground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, IS proposed to include the following additions and deletions: ~ 9.106 GENER_A T , DEVELOPMENT PROVISIONS. (C) Accessory uses and structures. (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) [NO CHANGES] (b) [NO CHANGES] (c) [NO CHANGES] (d) [NO CHANGES] (e) [NO CHANGES] (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools shall be equipped with a child-resistant, lockable cover in lieu of a six-foot tall -132- fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (f)(g) Lighting shall be so oriented as not to cast light on adjacent properties. fg1(h) The facility shall not be located within any drainage or utility easement. W(i) Any accessory mechanical apparatus shall be located at least 330 feet from any residential structure on an adjacent lot. fi1G) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk -133- CITY COUNCIL LETTER Meeting of: 3/13/06 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: 78( PUBLIC WORKS BY- 2/lw/ ITEM: AUT""rlOlUZE THE Cft..PiTft...L EQUIPMENT BY: K. Hanse~ . -,/ /" . ~' .of 7" REPLACEMENT OF UNIT #136 GMC 2500 4X4 DATE: 3/6/06 DATE: % TON PICKUP TRUCK Background: Existing Unit # 136 is a GMC 2500 4x4 3/4 ton pickup truck purchased in 1984 for $20,000, with a projected life expectancy of 10 years. This vehicle is powered by a gasoline engine and has a recorded mileage of 80,444. It is currently used to transport staff and a chassis mounted earth auger that is used to locate water main breaks. Vehicle maintenance and repair records indicate that $5,058 has been spent on Unit #136 in the last 6 years. The Shop Supervisor has rated the condition of this vehicle as poor. The 2006 Utility Department Capital Equipment Budget has allocated $31,950 for the replacement of Unit #136. Analysis/Conclusions: Public Works staffhas carefully reviewed past, current and projected use of Unit #136. A summary of the review is as follows. The existing pickup truck #136 is 22 years old and has given the city good service, initially as a first line Utility Department maintenance pickup and for approximately the last 10 years as a transport for the chassis-mounted earth auger and seasonal employees. The body of the truck is rusting out, the engine has accumulated many hours of idle run-time at the job site during sewer cleaning and water main repair operations and it is becoming increasingly more difficult to obtain repair parts. Staff is recommending that existing unit #175, a Ford F -250 4x4 %-ton pickup purchased in 1995 will be internally shifted and removed from first line maintenance duty to be equipped with the earth auger that is currently mounted on Unit # 136. Staff recommends replacing Unit #136 with one (1) new Ford F-350 4x4 pickup truck equipped with a utility box and truck crane from the State of Minnesota Purchasing Contract, with contract pricing and vendor as follows. Pickup Truck Contract price: Elk River Ford $20,229 (plus sales tax) Utility Box Contract price: ABM Equipment Tnc. $6,505 (plus sales tax) Truck Crane Contract price: ABM Equipment Inc. $2,395 (plus sales tax) Staff recommends disposal of existing Unit # 136 by an equipment auction. Recommended Motion: Move to authorize the replacement of Unit #136 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229, plus sales tax; and utility box and truck crane from ABM Equipment Inc. In the amount of $8,900, plus sales tax. Funding shall be equally fro~ the Sewer and Water Capital Equipment Replacement Fund, funds 432- 49450-5150 & 433-49430-5150. COUNCn.. ACTION: -134- CITY COUNCIL LETTER Meeting of: 3i13i06 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: ,82 PUBUC WORKS -?j ~:V j", /. //' ' , ITEM: AUTHOIUZE THE CAPITAL EQUIPMEi"IT By: K.HanSe~ BV. 1$' l .P' ,t/i 1,/r .... REPLACEMENT OF UNIT #180 FORD 2X4 % DATE: TON PICKUP TRUCK, UTIUTY BOX, TRUCK DATE: 3/6/06 CRANE AND SNOW PLOW Background: Existing Unit #180 is a Ford F-250 2x4 %-tonpickup truck equipped with a utility box and truck crane purchased in 1991 for $22,000 with a projected life expectancy of 10 years. This vehicle is powered by a gasoline engine and has a recorded mileage of 85,221. It is used primarily for transporting staft;, tools and materials to Utility Department job sites. Vehicle maintenance and repair records indicate that $15,092 has been spent on Unit #180 in the last six years. The Shop Supervisor has rated the condition of this vehicle as poor. The 2006 Utility Department Capital Equipment Budget has allocated $31,950 for the replacement of Unit #180. Analysis/Conclusions: Public Works staffhas carefully reviewed past, current and projected use of Unit #180. A summmy of the review is as follows. The existing pickup truck # 180 is 15 years old and is relied upon on a daily basis to provide response to routine and emergency maintenance requests. The body of the truck is rusting out and the engine has accumulated many hours of idle run-time at the job site during sewer cleaning and water main repair operations. Staff recommends replacing Unit #180 with one (1) new Ford F -350 4x4 pickup truck equipped with a utility box and truck crane from State of Minnesota Purchasing Contract, with contract pricing and vendor as follows: Pickup Truck Quote: Elk River Ford $20,229 (plus sales tax) Utility Box Quote: ABM Equipment Inc. $6,505 (Plus sales tax) Truck Crane Quote: ABM Equipment Inc. $2,395 (plus sales tax) Snow Plow Quote: Aspen Equipment $4,013 (plus sales tax) Str.if.f recommends disposal of existing Unit # 180 by an equipment auction. Recommended Motion: Move to authorize the replacement of Unit #180 and purchase of one (1) new Ford F- 350 4x4 pickup truck from Elk River Ford in the amount of $20,229, plus sales tax; and utility box and truck crane from ABM Equipment Inc. in the amount of$8,900, plus sales tax; and snow plow from Aspen Equipment in the amount of $4,013, plus sales tax. Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 & 433-49430-5150. COUNCIL ACTION: -135- CITY COUNCIL LETTER :Meeting of: 3/13/06 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: 713 3 PUBLIC WORKS ~ V ITEM: AUTHOPJZE THE CA-PITA-L EQUW:r..rnNT ~ BY' l~4/,k17A/ ~ l..- . - l' -~ ';./ REPLACEMENT OF UNIT #207 CHEVROLET By: K. Hansen ! DATE: K2500 4x4 % TON PICKUP TRUCK, DATE: 3/6/06 EQUIPPED WITH LIFT GATE AND SNOW PLOW Baclcground: Existing Unit #207 is a Chevrolet K2500 4x4 %-ton pickup truck equipped with a lift gate and 7 foot 6 inch Western snowplow purchased in 1994 for $22,000. The vehicle had an original projected life expectancy of 10 years. This vehicle is powered by a gasoline engine and has a recorded mileage of76,545. It is used primarily for transporting staff, tools and materials to Park Department job sites. Vehicle maintenance and repair records indicate that $16,255 has been spent on Unit #207 within the last six years. The Shop Supervisor has rated the condition of this vehicle as poor to fair. The Parks Department Capital Equipment Budget has allocated $36,210 for the replacement of Unit #207. Analysis/Conclusions: Public Works staffhas carefully reviewed past, current and projected use of Unit #207. A summary of that review is as follows. The existing pickup truck, Unit # 207, is 12 years old and is relied upon on a daily basis to provide response to routine and emergency maintenance requests. The body is showing signs of rust and the transmission has been rebuilt 3 times. Staff recommends that existing unit #207 will be downgraded as a first line vehicle and then retained to provide transportation to and from the job site for seasonal employees. Staff recommends replacing Unit #207 with one (1) new Ford F-35 4x4 %-ton pickup equipped with a lift gate, and snow plow from the State of Minnesota Purchasing Contract, with contract pricing and vendor as follows. Pickup Truck Contract price: Elk River Ford $20,229 (plus sales tax) Lift Gate Contract urice: Aspen Equipment $1,843 (plus sales tax) Snow Plow Contract price: Aspen Equipment $4,166 (plus sales tax) Recommended Motion: Move to authorize the replacement of Unit #207 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax: Lift gate and snow plow from Aspen Equipment in the amount of $6,009 plus sales tax. Funding shall be from the Park Capital Equipment fund, 431-45200-5150. COUNCIL ACTION: -136-