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HomeMy WebLinkAboutJune 26, 2006 Regular ADMINISTRA T/ON Yavor Gary L. Peterson Cou!lcilmembecr Robert A. Williams Bruce Nawroc/d Tammera Ericson Diehm Bruce Kelzenberg City Manager Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.co/ulIlbia-heights.f/lll.US The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 p.m. on Monday, June 26, 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. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Peter Law, Community United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) A. Authorize funds for maintenance inspection summer hours. 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - Rising to New Heights recognition of Bruce Nedegaard 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for June 12,2006 regular City Council meeting MOTION: Move to approve the minutes ofthe June 12,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the June 6,2006 Library Board meeting. b) MOTION: Accept the minutes of the June 5, 2006 Traffic Commission meeting. 3) Accept proposal from SEH for a Utility Rate Study MOTION: Move to accept the proposal from SEH for a Utility Rate Study Update based upon their proposal dated February 28,2006, in an amount not-to-exceed $9,100; and, furthermore, to authorize the Mayor and City manager to enter into an agreement for the same. 4) Accept proposal from Bolton and Menk Professional Services Agreement for Engineer Inspection City Council Agenda June 26, 2006 Page 2 of 4 MOTION: Move to accept the proposal from Bolton and Menk for the Engineering Inspection Services based upon their low, qualified proposal dated May 25,2006, in an amount not-to-exceed $52,560; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 5) Approve the Easement Agreement with 455 3ih Avenue, LLC for Huset Parkway, City Proiect 0404 MOTION: Move to approve the easement agreement between the City of Columbia Heights and 455 3 ih A venue NE, LLC for permanent and temporary easements to the City and exchange agreement between City and 455 3ih Avenue NE, LLC for City Project #0404, Huset Parkway. 6) Adopt Resolution No. 2006-77 being a Resolution Authorizing a Municipal Agreement with MnlDOT for Drainage Improvements on Central Avenue TH 65 MOTION: Move to waive the reading of Resolution No. 2006-77, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-77, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 89683 with MnDOT for Central Avenue, TH 65, drainage improvements, City Project #0405. 7) Adopt Resolution No. 2006-78, being a Resolution authorizing a Joint Powers Agreement with the City of Rogers for the Cooperative purchase of Athletic Field Lighting for Prestemon Park. MOTION: Move to waive the reading of Resolution No. 2006-78, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-78, being a Resolution authorizing the City of Columbia Heights to enter into a Joint Powers Agreement with the City of Rogers for bidding of various athletic field lighting within the State of Minnesota. MOTION: Move to authorize the purchase of athletic field lighting for Prestemon Park in the amount not-to-exceed $62,918 from the Rogers Multi-City Joint Powers Agreement. 8) Approve the items listed for rental housing license applications for June 26, 2006 MOTION: Move to approve the items listed for rental housing license applications for June 26, 2006. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 26,2006 as presented. 10) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117512 through 117656 in the amount of$1,090,126.64. 6. PUBLIC HEARINGS A) Adopt Ordinance No. 1509, being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Govenu'1lent". MOTION: Move to close the hearing and waive the reading of Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Fonn of Government", there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Council Agenda June 26, 2006 Page 3 of 4 City Charter, "Form of Govemment". B) Adopt Resolution No. 2006-79, being a Resolution declaring 4232 Sth Street a nuisance and approving abatement. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-79 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-79, a resolution of the City Council of the City of Columbia Heights declaring the property at 4232 Sth Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C) Adopt Resolution No. 2006-80, being a Resolution declaring 4636 Fillmore Street a nuisance and approving abatement. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-80 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-80, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4636 Fillmore Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D) Adopt Resolution No. 2006-81, being a Resolution declaring 181S 42nd Avenue approving revocation. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-81, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-81, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe rental license held by Dale Boxrud regarding rental property at 181S 42nd Avenue NE. E) Adopt Resolution No. 2006-82, being a Resolution declaring 4630 Taylor approving revocation MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-82, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-82, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe rental license held by Gary Anderson regarding rental property at 4630 Taylor Street NE. F) Adopt Resolution No. 2006-83, being a Resolution declaring 4643 Pierce Street approving revocation MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-83, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-83, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Richard Meissner regarding rental property at 4643 Pierce Street NE. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Approval of Minor Subdivision with variances located at 4100 Reservoir Blvd. MOTION: Move to waive the reading of Resolution 2006-68, there being ample copies available to the public. City Council Agenda June 26, 2006 Page 4 of 4 MOTION: Move to adopt Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. B) Bid Considerations - none C) Other Business 1) Reconsideration of Mayor Pro Tern 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report ofthe City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF /pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL JUNE 12, 2006 THESE MINUT~S HAVt NOT BEEN APPROVED~ The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 12, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION Rev. Janice Bomhoft, First Lutheran Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson invited everyone to attend the Peace Clock dedication on June 23rd at 1 :00 p.m. The clock tower will be installed tomorrow. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Presentations 1) Humanitarians ofthe Year - Jerry Finney and Joan Finney (posthumously) Mayor Peterson announced the 2006 Humanitarians ofthe Year - Jerry and Joan Finney. Sadly, Joan passed away before she could receive this award. He read a biography of their contributions to our community, which included their work with Habitat for Humanity, Meals on Wheels, as foster parents, active in their church, bicycle fundraisers, knitted caps for hospitals, Boundary Waters trips for youth groups and active at Crestview while living there. They helped to build homes in Jamaica and Tennessee. Mayor Peterson presented Mr. Finney with the 2006 Humanitarians of the Year plaque. Their son spoke on their behalf to thank everyone. 2) Outstanding Recycling Award - Jim Kordiak County Commission Jim Kordiak presented the City Council with the County Recycling Award. He read the award, which included Columbia Heights recycling activities. He indicated that Columbia Heights has met its recycling goals since the beginning ofthe program in 1988. He congratulated the City on their efforts and the success of this program. Kordiak referred to the upcoming retirement of Jean Kuehn and her contribution to the recycling program. Jean Kuehn, Special Project Coordinator, gave credit to the citizens of the community for their contribution to this program. Nawrocki indicated that Joe Orendorff was in the audience and he was on the City Council at the time this program was started. 3) Traffic Commission - Kenneth Stumpf Mayor Peterson thanked Mr. Kenneth Stumpf for his service on the Traffic Commission. He has now moved out of the community. Mr. Stumpfwas not present to receive his gift. Recognition Nawrocki presented a check for $1,000 to the City, on behalf ofVFW Post #230, for the Jamboree Fireworks. Peterson thanked Post #230 for their continuing support of the celebration. CONSENT AGENDA Walt Fehst, City Manager, took Councilmember through the Consent Agenda items: 1) Approve City Council Meeting Minutes for r-If.,,, 22, 2006 regular City Council meeting and June 5, -5- City Council Minutes June 12,2006 Page 2 of 23 2006 Public Improvement Hearing a) Motion to approve the minutes of the May 22, 2006 regular City Council meeting as presented. b) Motion to approve the minutes of the June 5, 2006 Public Improvement Hearing. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the March 28, 2006 Economic Development Authority meeting. b) Motion to accept the minutes of the June 6, 2006 Planning and Zoning Commission meeting. 3) Establish Work Session meeting date for Monday, June 19,2006, beginning at 7:00 p.m. in Conference Room 1. - Removed 4) Adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. - Removed 5) 2005 Comprehensive Annual Financial Report and Independent Auditors Report acknowledgement and scheduling of meeting with the Auditor. - Removed 6) Approve the items listed for rental housing license applications for June 12, 2006 Motion to approve the items listed for rental housing license applications for June 12, 2006. 7) Approve Business License Applications - Removed 8) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117297 through 117511 in the amount of $591 ,229.11. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, except items #3,4,5,7. Upon vote: All ayes. Motion carried. 3) Establish Work Session meeting date for Monday, June 19, 2006, be~nning at 7:00 p.m. in Conference Room 1. Nawrocki indicated that it was agreed in the past to not hold meetings on third Monday ofthe month. Kelzenberg stated his understanding that was when there are five Mondays in the month and that 7:00 a.m. meeting caused him to miss four hours of work. Diehm indicated that the EDA meeting of June 20 would be cancelled and suggested holding the work session on that Tuesday night. Peterson stated this would be contingent on the cancellation of the EDA meeting. Fehst listed the items to be discussed at the work session: 1. SEH rate study update, 2. University Service Road discussion (roadway and fencing), 3. Professional services agreement with Bolten and Menk for construction inspection services, 4. Single Sort Recycling, 5. Proposal for summer Fire Department inspection hours, 6. School District use of daycare room at Murzyn Hall. Diehm corrected herself, stating that the EDA meeting was scheduled for June 27th, not the 20th or the day after the Council meeting. Peterson asked Fehst if that date would be acceptable. Fehst indicated it would work, if so requested. Motion by Diehm, second by Kelzenberg, to establish a City Council Work Session for Tuesday, June 27,2006 beginning at 7:00 p.m. in Conference Room 1. Upon vote: All ayes. Motion carried. 4) Adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. Nawrocki indicated that the public should be informed on what the Automark is. Deputy City Clerk Patty Muscovitz described the Automark as : - 6 -lot marking machine for disabled voters. Acquiring City Council Minutes June] 2, 2006 Page 3 of 23 these machines was under the Federal HA V A mandate for 2006, and they were purchased with Federal grant funds. There will be a machine available at City Hall for viewing 60 days prior to the election and one machine in each precinct during the elections. These machines mark the ballot and then the ballot is put into the Accuvote tabulating machine like everyone else's ballots. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006-65, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-65 BEING A RESOLUTION AUTHORIZING THE AUTOMARK. IN ALL PRECINCTS WHEREAS, the Federal government passed the Help America Vote Act in 2002 that requires the voting method in every polling place to include a voting system that is accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation and to vote privately and independently; and WHEREAS, one voting system, the ES&S Automark has been identified and certified by the Minnesota Secretary of State's office to meet the requirements of the Help America Vote Act. WHEREAS, the ES&S Automark will be used in addition to the existing optical scan voting system. WHEREAS, federal grant funds were available to cover the capital purchase of the Automark and will not require additional funds in 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights hereby authorizes the use of the ES&S Automark in each polling place for elections held after this date. 5) 2005 Comprehensive Annual Financial Report and Independent Auditors Report acknowledgement and scheduling of meeting with the Auditor. Nawrocki indicated this date is also a third Monday. He took exception that the City Manager would limit the Auditor's discussion to 30 minutes and to limit Council discussion. He defied anyone to comprehend the audit in 30 minutes. He stated that holding questions until the end of the presentation is ludicrous. Fehst stated that the beginning would be a short presentation to give the basics, therefore allowing all questions to be answered. Nawrocki suggested this meeting be the first Monday in July. Fehst stated he would not be available. Peterson stated that he would not be available, but it could be held without him. Diehm asked if Councilmember Nawrocki would be willing to meet with the Auditor prior to a Council meeting. Nawrocki stated there are other days to meet, such as Saturdays or he felt the early morning meeting worked well and he did not hear any problems with it at the time. Diehm stated that as Mr. Nawrocki would have the most questions for the Auditor, we should try to accommodate him. Diehm stated that she was unavailable the first and third Tuesdays of the month. Peterson stated that he was fine with the 17th. Williams stated that he was fine with any date that worked for Mr. Nawrocki. Nawrocki stated that he; the Manager, the Mayor and Mr. Williams all have a meeting on the third Monday. Diehm questioned if Council was not meeting on the first Monday of July? Nawrocki stated that he plans on the first Monday for meetings, and city hall is open July 3rd. Peterson stated that the Auditor ~ =~ ~ - - ~ ~ ""d - - ... ~ . -... - - - .. ......... .. .... . IS unaVailable July 3' . NawrockI suggested July,) or O. tehst stated that the attempt to nolO meetmgs in the mornings was because Councilmembers have many other commitments. Kelzenberg stated that it was decided when there were five Mondays in a month we would hold the meeting on the fifth Monday. Peterson stated that he would not be available July 5th or 6th. -7- City Council Minutes June 12,2006 Page 4 of 23 Diehm suggested speaking to the Auditor for a date he is available and discuss it at the next Council meeting. Nawrocki suggested Wednesday, the Ith. Fehst suggested meeting prior to a Council meeting. Nawrocki suggested July Ith or July 13th. Diehm suggested getting available dates from the Auditor. Nawrocki suggested Wednesday, July 19th or Thursday, July 20th. Kelzenberg asked if this discussion gives credence to not adding two more councilmembers. Peterson suggested Monday the 10th. Fehst stated that staff would check with the Auditor for available dates. 7) Approve Business License Applications Nawrocki stated that one license is for fireworks sales and we can do without another one ofthem. Motion by Nawrocki to approve the business licenses without the fireworks license at 2301 37th. No second was received. Peterson asked the City Attorney, Jim Hoeft, ifthere was justification to not approve this license. Fehst stated there are four other licenses that have already been approved. Nawrocki asked if this reduces the parking for the shopping center. Fehst stated as other licenses have been approved, we would have no justification to deny it. Motion by Kelzenberg second by Diehm, to approve the items as listed on the business license agenda for June 12, 2006 as presented. Motion to amend by Nawrocki to remove the 2301 37th business license. Diehm stated that our Police and Fire departments have reviewed the license application. Peterson called for second to the motion to amend. A second was not received. Upon vote of the original motion: All ayes. Motion carried. PUBLIC HEARINGS A) First reading of Ordinance No. 1509 being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". Mike Hartel, President ofthe Columbia Heights Charter Commission, stated this ordinance is a change to the City Charter implementing four Wards represented by four Ward Members and two City Councilmembers at large. He stated that each Ward would be represented by a member that lived in their ward. Ward boundaries would be established by the City Council. The two additional Councilmembers would be elected in the 2008 cycle and the two At Large Councilmembers would be elected in 2010. Williams referred to the Prestemon Park lighting issue, indicating that in something like this Wards would create more division than unity in our city. The proposed change would cost the city more money. He stated it is important for the person to go out and earn their vote. Hartel stated it would cost $33,118 for two more councilmembers. Hartel stated he woujd not anticipate division in the city; the debate would remain the same. We would save by going from eight polling places to four. It makes it easier for someone to run that wants to run. Walking their area to campaign would be easier and it would allow for diversity on the council. Kelzenberg asked theoretically, in the ward system, if someone could get three votes and win. Hartel -8- City Council Minutes June 12, 2006 Page 5 of 23 stated theoretically, yes. Diehm stated she was curious to hear the public comments. Nawrocki also indicated he would wait to comment until after the public comments. Peterson opened the public hearing. Joe Orendorff, 4801 East Upland Crest, stated he has talked to his neighbors on this issue and they think it is not a good idea and that we don't need more councilmembers. Orendorff stated his fear that the meetins would never end. Harold Hoium, 4315 5th Street, stated this is not a very good idea, and suggested it be put on the ballot. Kathy Wagner, 4347 University Avenue Apt. #3, referred to a flag that was removed in Columbia Heights. She gave her background and stated that the more people you get involved, the better. Mayor Peterson closed the public hearing. Nawrocki stated this is not a new subject, as it was discussed years ago. He felt the Council should not make this decision and it should go to a vote of the citizens. There are two issues, the size of the council and if wards and at large members is the best choice. The $35,000 is extreme. Currently, the public can vote out two councilmembers and the Mayor every two years to change the Council. With this proposal they would only be able to do that every four years. He referred to Carolyn Laine's comments in the newspaper and stated that limiting the amount spent on elections would restriction freedom of speech. Regarding that no one on the Council lives on the east side of Central, he listed candidates in the last election that lived in that area. He referred to the Minneapolis area competition for Krock funds for a community center, which caused a split between the North and Northeast sides resulting in the funds going to the City of St. Paul. Diehm thanked the Charter Commission for looking into this and the time they have spent evaluating the issue. She stated that personally she is not for the ward system. There is an advantage in having Councilmembers support all the citizens. If the Council vote is not unanimous the question could be on the ballot this fall. Hartel stated that if the Council vote were not unanimous it would go back to the Charter Commission for them to decide if it would be put on the ballot. He stated he appreciation for the Council's consideration. Peterson also thanked the Charter Commission for the time they have spent on this issue. Orendorff stated that when he was on the council they were paid $35 a month. Peterson stated it is clear that this will not be a unanimous vote. Nawrocki stated this is only the first reading of the ordinance. Members discussed if a second reading was necessary considering the time frame to place this question on the ballot. Hartel stated that it would not cause a time problem and a second reading would allow additional comments from residents. Nawrocki questioned the time frame to put this on the ballot or if a special election would be required. Hoeft stated that scenario would only be if the City Council proposed a change. The vote at the second reading would still fit the time parameters. The Charter Commission would decide whether or not to place the question on the ballot. Motion by Diehm, second by Kelzenberg, to waive the first reading of Ordinance No. 1509, there being -9- City Council Minutes June 12,2006 Page 6 of 23 ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to schedule the second reading of Ordinance No. 1509 at approximately 7:00 p.m. on Monday, June 26,2006 in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. Nawrocki requested this information continue on cable TV and include when the second reading would be held. B) Adopt Resolution No. 2006-70. being a Resolution for Rental Housing License Revocation at 4524 Monroe Street Fire Chief Gary Gorman listed the history of this property, including unfinished violation corrections. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-70, there being ample copies available to the public. Upon vote: Ayes: Peterson, Williams, Nawrocki, Kelzenberg; Diehm, absent from the room. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2006-70, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE. Upon vote: Ayes: Peterson, Williams, Nawrocki, Kelzenberg; Diehm, absent from the room. Motion carried. RESOLUTION 2006-70 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Julie Marsh (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4524 Monroe Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 15,2006 of an public hearing to be held on June 12,2006. A reminder notice was mailed by certified mail to all interested parties on June 5, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 1, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted four violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 22,2005, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That on November 30,2005, the owner contacted the inspection office and requested an extension on two of the four items to be repaired. An extension to May 15,2006 was granted to the property owner. 'i On Opr,pmhPT 1 fi ?00'i thp. two itp.m~ that WP.TP. not li~tp.d in thp. time exten~ion were reimmected and checked off as done. _ w _ __ _ _______ __ _ _, __ _ _ ___ _.. _ _._____ ____ .. __ _ ___ _ _____ _ ___ ___ ______ ____________ .. __ _ - __ _..___.~...~ __ __ . __ _.. __._....._. _ ____ - - m.... __ _ 6. That on May 15,2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application 7. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair/replace the sections of A";""may that are in disrepair. -10- City Council Minutes June 12, 2006 Page 7 of 23 ii. Shall install permanent fencing to prevent parking on landscape area between driveway and garage. 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7302 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. C) Adopt Resolution No. 2006-71, being a Resolution for Abatement of Nuisance at 2348 45th Street Gorman stated that these tree stump violations go back to May of 2005 and this would be for abatement of the tree stumps. Peterson stated that the grass was very long, but has now been cut. Jesse Davies, Public Works Administrative Assistant, stated that our contractor cut it. Peterson asked ifthe house is occupied and referred to a tree leaning on the garage. Gorman stated he did not know, but indicated there are other issues on the property. Nawrocki questioned if the cut grass would be picked up. Davies stated he would inspect it tomorrow and that the contractor could mulch up the cut grass. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-71, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-71, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 2348 45th Avenue 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 2006-71 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 MaIjorie L. Bastian (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2348 45th Avenue NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 20,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 23, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 15, 2005 and on October 7, 2005, inspectors reinspected the property and found that one violation remained uncorrected. 3. That on April 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove tree stumps from the yard. - 11 - City Council Minutes June 12, 2006 Page 8 of 23 5. 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 2348 45th Avenue 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 2348 45th Avenue NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2. D) Adopt Resolution No. 2006-72, being a Resolution for Abatement of Nuisance at 4774 Upland Crest Gorman stated there was progress on this violation this past weekend, but the complaint goes back to last November. The owner of the property has not contacted us. Nawrocki stated they were working on the property today. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution No. 2006-72, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 4774 Upland Crest 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 2006-72 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 Richard 1. Dwinell (Hereinafter "Owner of Recordlt). Whereas, the owner of record is the legal owner of the real property located at 4774 Upland Crest NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 17, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on November 9,2005, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property and found that four violations remained uncorrected. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: -12- City Council Minutes June 12,2006 Page 9 of 23 A. Shall repair the garage and garage door that is deteriorating. B. Shall mow the lawn. C. Shall remove the scrub growth/weeds from the property. D. Shall scrape/paint the trim on the house and garage. 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 4774 Upland Crest 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 4774 Upland Crest NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 E) Adopt Resolution No. 2006-73, being a Resolution for Abatement of Nuisance at 4112 ih Street Gorman stated this is vacant rental property and the violations go back to last August. There was a window removed and covered with plywood. They have not submitted any rental licensing paper work. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-73, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4112 7th 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 2006-73 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 Lovie Delores Diaz-Valdes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4112 7th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 18,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City r(,l11n~il nf thp ritv nf (;nl11mhia Heights Makes the following:: -------- -- ---- ---"" -- - --~------- ~ - FINDINGS OF FACT 1. That on August 22, 2005, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 5, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on May 18,2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular .,nA N,rtified mail the last know address of the owner of the property. -13- City Council Minutes June 12,2006 Page J 0 of23 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall repair/replace the window on the southwest comer of the house that is missing. 5. 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 I. That the property located at 4112 7'h 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 I. The property located at 4112 7th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 F) Adopt Resolution No. 2006-74, being a Resolution for Abatement of Nuisance at 3906 Van Buren Street Gorman stated that this vacant property is in foreclosure. There were issues with long grass and other violations. We secured the building on June 2nd and were told the bank takes possession of the property at midnight tonight. This would include the assessments for the emergency abatement. Peterson stated he knows the brother of the owner who promised he would comply, but did not. Peterson stated that he felt so bad for the neighbors that he, his wife, and two sons mowed the grass. He stated that someone else had cleaned up the yard. Peterson indicated that when the grass reaches nine inches, have the contractor cut it. This has been a problem since October. Linda Lynch, 3900 Van Buren, thanked the Mayor for mowing this lawn. The grass and weeds were 43 inches high. There is no reason for the city to put up with people that abandon their property. When are we going to make these people accountable? Since when do we allow our Mayor to mow lawns? Peterson stated there is an emergency ordinance proposed tonight to deal with weeds and long grass. Lynch asked when the property would be sold. Gorman stated that the legal process takes a long time. Nawrocki indicated that this property was a problem last year and that he had spoke to the City Manager about it, but was told it was too late in the year for the contractor to cut it. The contract should extend through whenever grass is still growing. Fehst stated that there was a late start this year on weed and grass compliance that won't happen again. Through the emergency ordinance proposed tonight, enforcement would begin immediately. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion Williams, Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-74, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Williams, second by Kelzenberg, to adopt Resolution No. 2006-74, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Van Buren 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 2006-74 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 -::. i 4~ _ de, of the property owned by Bhawesh Prabhudial (Hereinafter City Council Minutes June 12,2006 Page II of23 "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3906 Van Buren Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 2, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on April 4, 2006 and on June 1, 2006, an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 2006, inspectors reinspected the property and found that five violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall repair/replace all/any torn/ripped screens on the building. b. Shall repair/replace all/any broken windows on the building. c. Shall scrape/paint all windows where the paint is peeling. 4. Shall remove all/any tree stumps from the yards. Shall remove them to within 4-6 inches below ground level. 5. 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 3906 Van Buren 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 3906 Van Buren Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 G) Adopt Resolution No. 2006-75, being a Resolution for Abatement of Nuisance at 4915 5th Street Nawrocki questioned if this was the correct address. John Larkin, Assistant Fire Chief, indicated this is the address of record in on the Anoka County property records. Larkin stated that all items but one have been taken care of Hoeft stated that this would indicate they have received our notices. Nawrocki stated there is a different number on the garage. Gorman stated that the violations go back to last year. The owner was tagged and the scrub growth remams. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion J.", k" ",1.,.",nh",rcr ""'I"'AnA 1.." 'XJ111;<:I",,, tA 1"'1A"'" th", n11hl;1"' h"'<:IMncr <:Inri to lX'<:I'''", th", r"'<:IrI,na of .1.,.....'" ."'...... "".J ..L"'-"'J,L..<"".....lv'"'...o' u""""'"'.I.....~ V J 1'1' .I.........I.""""-.l..I.U, ......., _...."'u_ "......_ Y",,"V.I..I._ .I..I.-_.......I..I.b _.1..1.- ...- ..., -.. .. - ".1..1.- .... -.....-..........0 -... Resolution No. 2006-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2006-75, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 5th Street NE a nuisance and approving the abatement of violations from the] _ 15 _ty pursuant to City Code section 8.206. Upon City Council Minutes June 12,2006 Page 12 of23 vote: All ayes. Motion carried. RESOLUTION 2006-75 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 Guy H. Radke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 491S Sth Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 2, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 12, 200S, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7, 200S, inspectors reinspected the property and found that six violations remained uncorrected. 3. That on May 2, 2006, inspectors reinspected the property and found that three violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That on June 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall remove all/any scrub growth/weeds from along side the garage and in front of the house. 6. 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 49lS Sth 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 491S 5th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 H) Adopt Resolution No. 2006-76. being a Resolution for Abatement of Nuisance at 4701 University Gorman stated that the violation goes back to last August, with no response received. The son of the owner indicates that his father does not live there or own it. He was asked to bring in paperwork to indicate this, which he did not. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-76, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-76, a resolution ofthe City Council of the City of Columbia Heights declarin!! the property at 4701 University Avenue NE. a -16- City Council Minutes June 12,2006 Page 13 of23 nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Peterson questioned if the weeds were taken care of at 4947 University. Larkin stated the grass has been mowed and the property is secure. He will do a follow-up call to the reality company to pick up the cut grass. RESOLUTION 2006-76 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 Lillian Mercado (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Avenue NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 20, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on April 6, 2005, an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7,2005, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on April 20, 2006 and again on June 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit all repair the damaged garage. 5. 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 4701 University Avenue 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 4701 University Avenue NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Ordinance No. 151 L being an emergency Ordinance amending Chapter 4, Article II, Section 4.203, City Code pertaining to Weed RemovaL Fehst commended citizen, Mark Hinrich, for pushing aggressively for an ordinance similar to the Minneapolis ordinance. It gives people 96 hours to cut their grass or weeds and they must also receive a formal notice. That time would allow us to check the property, send out a notice and within a week go back to cut the grass. The way the current ordinance is it could be 16 days before we cut it. Also, if a property has already been noticed twice and we cut the grass, we will continue to cut it on a regular -17- City Council Minutes June 12,2006 Page 14 of23 basis. We will have to put out the money up front, but will assess costs against the property. Fehst introduced Jesse Davies indicating he would be doing the inspections. The notice will indicate the cost at a two hour minimum of $130. Davies apologized for the late start on the inspection program, as he was on military duty the first two weeks in May. Last week seven properties were cut. He listed the areas that have been inspected. Properties that were close to being in violation were sent a friendly reminder and will be re-inspected soon. Getting the word out will help. The only possible problem is locating the owner within seven days. Nawrocki stated that door hangers are good for the majority of people and reiterated that a property must be noticed twice before they are put on the continual list. He questioned the "legal notice" by regular mail in case it is misdelivered. Hoeft stated that Minnesota Statutes allow for deliver by regular mail, allowing three days. The owner is, by default, the name on the county tax record. Hoeft stated that the ordinance it is not indicated as gender neutral and asked that the motion reflect such changes. Motion by Nawrocki, second by Diehm, to waive the reading of emergency Ordinance No. 1511, there being ample copies available to the public amended according to changes to allow to be general neutral. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Diehm, to adopt Emergency Ordinance No. 1511, being an emergency Ordinance amending Chapter 4, Article II, Section 4.203, City Code pertaining to weed removal including gender neutral language. Upon vote: All ayes. Motion carried. Hoium stated that the city is the worst offender of this ordinance and that he has received a notice. He referred to damage to his property by the city that does not allow him to cut it. He questioned the cost. Fehst reminded council that Mr. Hoium's property was abated for a blight nuisance. Peterson indicated that this property is going through the court process. Hoium questioned the tall weeds on the University Avenue median. Peterson stated that MNDOT is not cutting it because of a lack of staff and funding. The local staff is being be reduced from 19 people to seven. Fehst stated this would be discussed at the work session on Monday. Nawrocki stated we should let our State Representative and Senator know of our disappointment. We should not do the Highway Department's job. BEING AN EMERGENCY ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTION 4.203, CITY CODE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article II, section 4.203 of the Columbia Heights City Code, is hereby amended to read as follow: 4.203 (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defmed below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel ofland in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and ct..lJ.er such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served ~rs()nal1y or may be served bv mail. (1) The notification shall require abate-'::~18~~the weeds, or other prescribed action, within ~n ~2llf ill days City Council Minutes June 12,2006 Page 15 of23 from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said lffi four (4) days, with a charge to the property owne(QI.:Qpertv for costs. Ie) Eradication ooti€e-+or noxiou:; weed:;. a:; ae:;cribed by-Eli-YffiiBH (.\) of tHi; :;ectiol1. shall b~-tft--a€€Elffiafl€-e wttlt4he provi;;ion:; of M.S. ~ 1 g.?;]. a:; it may be amended 6'om tiffie...ki time. NBt~Fa-tlt€fltion or colttfBI-Hf all other ~:; shall be-made by cer-t-itied mail to the propert:, owner. Ifthe OWfu?-~t in po:;:;e;;:;iBH-ef-the-property lfl.e.ft-fH'Hft)' of the notice :;hall abrlte-sent by fir:;t cia:;:; mail-tB-the-le,;ee, occupant, or a.;cnte4he O\\"l1cr of the premise-:-r. ____ Ie') For p.!:img!i~? for which there have been two (2) or more notices issued~vithin the prior twelve illtmonth_p-~riod. compliance with section (B) shall not be required. For those propertie~. the second notice issued within a twelve ( I ~ month period shall contain a generql notice that the city may abate future violaJions without providj!1g addi!!9J..lal spt;:~'iflf notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. ( E) _ "Owner". for the pUll!oses of this section. shall mean the person who is listed as the contact person on ,my Clint'nt rel1tallif.~nsing application on file with the citv. if any. or, if none, the person listed as owner bv the ('oumy A.ssessor_ on the homesteaclrecord. or. if none, the taxpayer as shown bv the records of the County Assessor. 2. Second reading of Ordinance No. 1500. vacatin~ a portion of Lookout Place Motion by Kelzenberg, second by Kelzenberg, to waive the reading of Ordinance No. 1500, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1500, being an Ordinance vacating a portion of Lookout Place, as legally described in the Ordinance. Nawrocki stated his comments are applicable to this and the next item. We are giving this property away at $.35 per square foot. The Burger King property we bought was also contaminated and we paid $800,000 or $16 -$17 per square foot. The parking meets code, but with the number of seats, outside seating, and employee parking, you would have to have 2.25 people per car. If the lot is full they will park in the neighborhood. This should be considered now, rather than after the fact. Diehm commended the Sarna's for being so persistent, diligently working with the neighbors to solve issues, and addressing parking issues to meet code. She stated her excitement about the project and would like to adopt the ordinance. Hoium referred to a property sale comparison and gave his opinion that this property is worth $1.5 million. There were three buildings on the property removed with public CDBG funds. Fehst indicated this property had houses and a gas station, which were blighted or polluted. There were improvements completed by the purchaser that the city did not have to pay for. He listed the individual items the developer paid to clear the site, for about $164,000. We had a developer prior to this that had to walk away from the project. It was felt to be a priority to obtain such a restaurant in our town. Weare happy they stuck it out and are happy to have them there. Nawrocki stated that it would have been nice if the Manager had shared the information with Councilmembers that he just read. Fehst stated that he just received the information on his computer. He stated it is ironic that we have a firm that represents the City for legal services representing the developer, and the City Manager is currently representing the developer. Fehst expressed his displeasure with Councilmember Nawrocki's comments. Peterson stated that Councilmember Nawrocki's remarks were out of order. Nawrocki expressed his displease that he is treated differently than others and his displeasure that the City ~ i~9=ger interrupted him. City Council Minutes June 12,2006 Page 16 of23 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Fehst asked for a formal apology ofCouncilmernber Nawrocki's comments. Nawrocki asked for the floor. Peterson called a five minute recess. Mayor Peterson resumed the meeting at 9: 17 p.m. Nawrocki stated he took offense that the City Manager made accusations against him. When he expresses his opinion it is his right and responsibility. Public business is to be done in public. Peterson stated that mutual respect would go a long way. ORDINANCE NO. 1500 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Lookout Place lying between two lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast corner of north half of Lot 2, as determined by proportional measurements along the east and west lines, Rearrangement of Block E, Columbia Heights Annex to Minneapolis. Section 2: The vacation of the street right-of-way described above shall be subject to the following condition: All necessary approvals for the Sarna's Addition plat shall be granted prior to the Second Reading of this Ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. 3. Approval of Final Plat, Sarna's Addition. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-66, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-66, approving the Final Plat for Sarna's Addition, subject to the conditions outlined in Resolution No. 2006-66. Peterson asked the people in the audience to refrain from speaking when they have not been recognized. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson welcomed Sarna's to the community, and stated that they have worked hard on this project since a year ago March. It was a difficult site to work with but they are determined to put up a good facility for the community. Williams also thanked the Sarna's for working with the neighbors and Mr. Gondeck. -20- City Council Minutes June 12,2006 Page 17 of23 Ke1zenberg also thanked the Sarna's. Nawrocki stated he hopes this will be a great thing. This is about the same path as the Star Bar, starting as a family restaurant, but is concerned that something like that does not happen again. This will really be more of a sports bar than a family restaurant. He hopes in time they will say he was wrong. RESOLUTION NO. 2006-66 RESOLUTION APPROVING FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR JAMES SARNA WHEREAS, a proposal (Case No. 2005-1102) has been submitted by James Sarna to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Southeast comer of University Avenue and 40th Avenue NE. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Sarna's Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger offrre, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 2006. 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: l. The proposed minor subdivision conforms to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of- Way (ROW) shall be by four (4) inches of topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 7. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permit from Anoka County will be required for the driveway access to 40th Avenue NE. g. The adjacent alley shall be restored and usable at the time of construction of the building. 4. Adopt Resolution 2006-67, being a Conditional Use Permit for aT-Mobile telecommunications tower located at 1400 - 49th Avenue NE. Jeff Sargent, City Planner, stated that T -Mobile is looking to replace a light standard and add a wireless antenna. It was necessary to show that they could not locate on any other tower in the city, which has been done. The light standard is considered a camouflaging mechanism. The antenna meets the setback regulations. The Planning and Zoning Commission heard this request and voted approval with a 3-0 vote, with one abstention by the member that is also a school board member. -21- City Council Minutes June 12,2006 Page 18 of23 Williams asked if there is a cost to this. Peterson explained the process of replacement of the standard and inclusion of their antenna. The School District will probably receive income from this. Our interest is to make sure it meets all set backs. Kelzenberg stated the picture showed an expansion for the generator. Sargent stated there would be a compound to surround this, without screening to prevent a hiding area. Kelzenberg asked if this would interfere with any ofthe sports areas. Sargent indicated that Mr. Steven Edwards, ofT-Mobile has indicated their study shows it would not impede any athletic events. Sargent described the location of the light standard. Nawrocki asked if they explored using the city's water tower. Sargent stated that our water tower would not facilitate their needs. Nawrocki asked who determinations if there are alternative sites. Edwards stated they were asked to show sites within one mile, with 26 sites reviewed. The areas necessary for coverage were four to five blocks by the high school and Central A venue. Edwards stated that that the height will be the same, with the antenna below the lights. Nawrocki stated that the water tower looks hideous with all the antennas and he would hate to see another porcupine in the city. Edwards stated that the antenna would be flush mounted to the tower, as the speaker is. Nawrocki questioned ifthere would be any electrical interference. Edwards indicated there are no current complaints from other areas. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2006-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-67, approving a Conditional Use Permit for the installation of a telecommunications tower located at 1400 - 49th Avenue NE, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-67 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR T-MOBILE, USA WHEREAS, a proposal (Case #2006-0601) has been submitted by Steve Edwards of T-Mobile to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (0)(5)(e), to allow a telecommunications tower in the R-l, Single-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fIre, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following fIndings 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 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 - 22 -when considered in conjunction with the cumulative effect of City Council Minutes June 12,2006 Page 19 of23 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 this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. A barbed-wire fence may not be used for security around the tower compound. 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound. 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. 5. Approval of Minor Subdivision with variances located at 4100 Reservoir Blvd. Sargent stated this is lot split with two variances at 4100 Reservoir. This meets city requirements for a Rl District. The variance is because of the existing house. Parcel B meets the lot width for the city. There is an easement along the North property line. It requires an additional five foot easement for the city utilities in the alley. The easement is required because of the slope of the property. Sargent stated the hardship is because of the triangular shape of the property. Peterson questioned the minimum lot size of 70 feet. Sargent stated that is the requirement for this zoning district. Kelzenberg asked what happens ifthis meets all requirements for a lot split, but is not approved to build a home. Sargent stated there are no current plans for parcel B, but it would be a right of the owner to sell or build there. Tim Birth, 1328 41 st, stated disagreement with the proposal referring to the narrow conditions and current congestion of this area. He was concerned that the existing house is very tall causing a privacy problem for a new home. Williams asked the City Attorney if the lot split or variance could be denied. Hoeft stated that the lot is an odd shape and makes the split difficult, but it passed review of the Planning and Zoning Commission. Diehm asked if the applicant was at the Planning and Zoning Commission meeting. Sargent stated that she was. Long grass issues on this property were discussed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2006-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. Diehm asked if Council does not following staff recommendations should findings be specified. Hoeft stated the resolutions include the Planning and Zoning Commission rational to allow the lot split to occur as proposed. If deviating from the recommendations, he recommended tabling this item. Motion by Williams, second by Kelzenberg to table approval of Minor Subdivision with variances located at 4100 Reservoir Boulevard. -23- City Council Minutes June 12,2006 Page 20 of23 Sargent referred to findings as stated in the Planning and Zoning Commission packet. Upon vote: All ayes. Motion carried. Motion by Williams second by Kelzenberg, to table approval of a 598 square foot area variance for Parcel A and a 5-foot rear yard setback variance for the existing house on Parcel A, located at 4100 Reservoir Boulevard, subject to the conditions as stated. Upon vote: All ayes. Motion carried. Sargent asked for clarification of the request. Diehm asked for an alternate motion with wording for both sides of the issue. Sargent stated that staff findings of fact were based upon the variances meeting guidelines. Hoeft stated that he would work with Staff to include findings that show the pros and cons. Peterson asked that the property owner be notified when this will be presented again, allowing them to be present. ADMINISTRATIVE REPORTS Report of the City Manager Peterson stated that along with Diehm and Fehst, he met with US Representative Martin Sabo regarding bridge replacement at 49th and Central A venue and funding for an activity center. Sabo indicated that it has cleared committee for $1.2 million to replace the pedestrian bridge on 49th and Central. Sabo is confident this will pass the last two hurdles to go forward. Sabo had indicated that he is leaving office. Peterson stated his hope that Sabo's replacement will represent us as well as he did. Fehst stated the bridge replacement could cost up to $2.5 million, with State Aid funds used for the additional portion. Ifwe work with the School District and the County, he believes this could be done. The current bridge is not handicap accessible. Nawrocki questioned the layout of a new bridge. Fehst stated it could be a helix on one side and circular on the other. Nawrocki referred to funds being earmarked for other projects such as Heritage Heights, a community center, etc. so we need a better understanding of where the funds would come from. Bonding could double the cost when adding interest. Nawrocki . Requests more information on overruns for Public Works maintenance building architectural fees, contract increases, and why office carpeting was not part of the contract. . Asked for information on bankruptcy ofthe plat next to S1. Tim's. . Landscaping costs at the library - the library is a special revenue fund and there are statutes to cover it. This work should not be paid with other funds. . Previously requested information on the youth program initiated by Mrs. Bush. . Previously requested inspection of the corner sign at the 43rd and Central restaurant. It obstructs vision. It was reported to have begun without a permit and did not conform to the plans. What is being done about it? Fehst stated that regarding the bankruptcy, we have no further information than Councilmember Nawrocki has. The monument sign was dismantled and they have begun to rebuild. They initially did not get a building permit and were told they had to resituate it. There are no line of sight problems as oftoday. He invited Councilmember Nawrocki to visit the site with him and the Community Development Director. Fehst stated that we maintain the landscaping at the library and did the placement with the intent to beautify the Library. Peterson commended staff on the improvements. Nawrocki stated opposition to the loose roclc,< npyt to the Library windows. He stated that the Library -24- City Council Minutes June 12,2006 Page 21 of23 is a separate entity and should pay for their own work. Fehst stated that the youth program information was forwarded to the youth coordinator. He spoke to Liz Bray, Youth Coordinator, and they agreed it would be good to establish an identity with youth at risk in our town. Hoium spoke on the taxable value of his property. Report of the City Attorney Hoeft stated that Mr. Hoium quoted from the Court Order regarding the removal of structures from his property . CITIZENS FORUM Joyce Myer, 4931 Jackson Street, spoke to weed notices, Creeping Charlie in her yard, where the notice was located, civil rights, the need for a Human Rights Officer, the reign of terror in this community, and questioned the definition of what is a weed versus a wild flower. Fehst stated that we could have someone visit her property to make the determination for her. Peterson stated that our residents have brought the weed and high grass concerns to us. Myer stated that her yard would be cut the day after tomorrow. Kathy Wagner indicated she sat next to a University of Minnesota student this evening and was embarrassed by the actions during this meeting. She felt the meeting should have ended much earlier. Hoium reported vandalized bus terminal shelters. Jeff Diehm, 5125 St. Moritz Drive, stated that he has been watching this meeting at home and was appalled by what he saw. It is very embarrassing. He stated that so far tonight he heard accusations of staff taking money or being employed on the side by some special interest, and heard there are conspiracies by the City to steal and terrorize. He stated what he wants to see is when we compliment our Staff for initiating a 96 hour rule to control weed and grass problems, and want to see members of Council compliment staff for going out to get grants. He stated that he wants to see our Police Department complimented for the fine job they do. He would like to see positive things take place here. He stated it is now almost 11 p.m. and in the city of 100,000 people that he came from they handled business in two to two and one half hours. We spend three, four, and five hours for a meeting. What if that causes the next progressive member of our community to say they can not run for office and take that kind of time away from their family. This is not a personal forum to attack our citizens and our staff. We need to show pride in our community. He stated that he had to try and explain to children how people could act like this on television. To those on the staff that do their job - good job. To those on the Council with vision for the city - good job. And those on the Council who choose to behave in a way that is detrimental to the city and gives us a bad face; I would hope they would reevaluate that attitude, because he wants Columbia Heights to be a great city. What happened tonight should not be happening. COUNCIL CORNER Peterson . Employment & Economic Development Department, State of Minnesota - received a complementary letter congratulating our staff on implementing the Brownsfield program. He read the last paragraph on the letter complimenting Randy Schumacher and Kristine Partenheimer on their efforts. They do wonderful work for us. . Spoke of an incident while working on the clock tower where our Police Department responded instantly to a potentiaHy dangerous situation. . Read a complimentary letter regarding our EMT's from a resident who has used the system nine times. . Regarding tagging properties - our inspector knows the difference between flowers and weeds. The door tags are doing their job, informing people to take care oftheir yards. . There are recreation program openings for preschool to 8th grade, mural painting by the T &T teens for City Hall, 6 - 8th graders, water park trips, 3 em 1. basketball, and a Vikings camp. There has been a -25- City Council Minutes June ]2,2006 Page 22 of23 mural painting donated by a resident in the Jefferson building at Huset Park. Our Recreation Department keeps kids busy and off the streets. . Celebrity on our Council- Councilmember Diehm has been selected as one ofthe 2006 top Up and Coming Attorneys by the Lawyers Association. Congratulations Tami. . Clock tower - will be put in place tomorrow. There are only a few more bricks to place. The dedication will be June 23. Everyone is welcome. . With all the activity in Iraq - appreciate our service men and women. Kelzenberg . Enjoy the Jamboree starting next Wednesday. Thursday there will be a Ron Schara fishing show at Murzyn Hall. Enjoy the parade activities. Williams . Met with Pawlenty and he assured us we would get an increase in LOA. . Heritage Heights needed assurance we would keep on the program, which we will. . The clock tower is a Clock Tower of Peace. . We need to have respect for one another; everyone gets excited once in a while. Understand it is not the end of the world, we don't have to be ashamed. Conflict is all right and should be resolved quickly. Pray for respect and peace in our community. Continue to encourage each other. . Thanked the Lions Club for putting on the Jamboree, for the time our citizens and staff put into this. Peterson stated that the Clock Tower of Peace will be dedicated to the diversity of our community and getting along with one another. He stated he was taken aback tonight; this is not the forum for accusing anyone. Ifwe can't work together, how can our community work together? Diehm . Last week spoke to the High School Civic classes. It was interesting to hear visions of our future voters. Encouraged them to attend meetings. They also have a stake in our community. . Library programs are in full force. 00 to the library. Nawrocki . Suggested the Mayor do inward searching of himself. . Expects that people will respect his prerogative to express himself. . To Mr. Diehm, can speak to him after the meeting. . No secret, his personal opinion is that the City Manager does not do his job and is capable of doing better. Peterson stated this is not a forum for silly acquisitions and to belittle people. Have mutual respect. . There should be an annual review of the City Manager and we have not done that. . Comment relative to the budget and the Special Project Coordinator is leaving. In the past it was proposed to cut that position back on time and should be discussed if it should remain a full time position. . City election filing information should be on cable. . 5151 and University car lot - continues to be a problem. A car was visible from the road has no current license plates and there is a pile of tires by the building. City Planner wrote a letter to the store manager - took strong exception to the statement that they are making Columbia Heights an attractive place to live and work. . Cleveland Street, house next to 42nd continues to have debris piled on the property. The barrier is down. . Prestemon Park - Park Board Chair said there would be no plans to expand usage, and yet the Recreation Director stated that programs could be expanded. . Went to Anoka County Elected Official meeting - presentation on the County's 150lh Anniversary program. . AMM letters dealing with policy committees - he has been a member ofthe Municipal Taxation committee and will be again, and urged others t,_ -26"": on a committee. City Council Minutes June 12, 2006 Page 23 of 23 . MACTA meeting discussed Federal legislation impact on cable and franchising. . Governor's comments regarding LGA - he did not give us help this session. . The State came up with money for the Northstar program. Does not agree with this. It will service those on work trips. There will only be five trips into town in the morning and five trips out oftown in the evenmg. . Regarding the letter for emergency first aid: takes pride in that service because he was part of the beginning of that service. . Council meetings should be public business done in public, good or bad. What he says is intended to be constructive criticism. Makes no apologies for expressing his opinion, wishes he was more eloquent in how says things, but it is important that both sides of issues are talked about. I try to listen to people. Peterson stated that our community is moving fOlWard, and he is proud of our progress. He said he was also here when the EMT program began. He has the highest regard for all of our employees. A good boss surrounds himself with good people. He really believes in Mr. Fehst and that he has chosen good people, puts them in their position and allowed them to do their job. Peterson stated, "don't take ourselves too seriously." The hardest part is looking out at people that are mad and unhappy with life. I'm not going to waste life by being mad or upset. I will continue to work for this community whether I sit here or not. ADJOURNMENT Mayor Peterson adjourned the meeting at 11 :25 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -27- COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 6, 2006 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Bruce Kelzenberg, Patricia Sowada, Lynette Thomson, Nancy Hoium, Catherine Vesley, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the May 2, 2006, Board meeting as mailed. Bill list dated 5/22/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 6/12/06, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. Landscaping update was provided. a. Vandalism to the tree and plants in the back courtyard occurred on 5/12/06. The tree that was destroyed has not been replaced at this time. b. The annuals to be planted on the outer perimeter of the planting bed are on hold until the tree is in place. c. Becky would like to recognize the Public Works crew for their hard work. After some discussion it was decided that cookies would be provided for Public Works. d. Replacement of the park benches and bike rack was discussed. Pictures of available composite replacements were viewed. It was moved, seconded, and passed to use funds from the donation account to purchase two benches and one bike rack for the back courtyard. 2. Discussion about the proposed sculpture for the backyard was tabled. 3. The Board decided to purchase a one-yr. subscription to Book Page for free distribution to the public. 4. T-shirts have arrived; all Board members have received theirs. 5. The book Year in the World by Frances Mayes has been purchased in memory of Nancy Hoium's mother. The book will be processed with a commemorative bookplate. 6. Becky and Marsha met with Schindler Elevator. After discussion, the charge for the service call of 5/11/06 was reduced. 7. Minnesota Digital Library and Minnesota Reflections update was provided. Becky will be attending a meeting on June 12 to learn more about how to proceed with digitizing historical photographs, how to get clear copyright clearance and related subjects. -28- 8. Update on summer coverage was provided. Availability of part-time Library Supervisors to cover daytime hours is sparse due to other commitments. The job description for Adult Services Librarian has been updated and approved. The position will be advertised in July. New Business: 1. It was moved, seconded and passed to rescind Resolution 2006-1 in honor of graduating Pages. 2. Nancy Hoium offered Resolution 2006-2 honoring the graduating Pages. The resolution was read. It was moved by Patricia Sowada, seconded by Catherine Vesley, and passed to adopt Resolution 2006-2. 3. It was moved, seconded and passed to transfer $320.00 from line item 2183 (Audio Cassettes) to line item 2185 (Compact Discs). 4. The retirement party for Mary Kloss will be held on June 30, from 2:30 - 4:00 p.m. Staff is planning the event. Mayor Gary Peterson will present the plaque from the City, Barbara Miller will present the gift from the Board,and Becky will ask the Friends of the Library to serve the refreshments. 5. The Anoka County brochure outlining the proposed Vikings stadium was shared with the Board. 6. Brochures put out by the Anoka County Parks were distributed to the Board. 7. Barb Miller and Catherine Vesley presented the information they received at the meeting about the redevelopment of the Heritage Heights area. Five possible concepts were reviewed and explained; one of them includes a library. The only site that was discussed was Heritage Heights. Mady's and NEI were not discussed. Future meetings are planned, and Barb and Catherine were pleased that the Library was "back in the loop." Lynette Thomson left the meeting at 7:40 p.m. 8. The 2007 draft Budget is due to Finance on Monday, June 12. 9. Becky reminded the Board that she will be out of the office from June 15 until June 26. The Peace Clock dedication will be at 1 :00 p.m. on June 23, and Jamboree parade plans are being handled by Marsha Tubbs. There being no further business the meeting was adjourned at 8: 1 0 p.m. Respectfully submitted, (.---k~ 7J7. ~/~~ Jfanin~ 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 -29- ~ ~ !-,.~ .; 'f c~ .,~ 1 ,l. i '."" ~_ .:. ...._ ~. -" : OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JUNE 5,2006 Chairperson Carlson called the meeting to order at 5:30 p.m. 1. ROLL CALL Members Present: Anderson, Carlson, Goodman, Stumpf, Sturdevant Staff Present: Kathy jean Young, Assistant City Engineer Tom Johnson, Police Chief II. APPROVAL OF MARCH 13, 2006 MINUTES Motion by Stumpf, second by Sturdevant, to approve the minutes of March 13,2006. Motion carried unanimously. III. OLD BUSINESS None. IV. OTHER OLD BUSINESS None. V. NEW BUSINESS A. REQUEST FOR NO PARKING ON 41ST AVENUE EAST OF MAUREEN DRIVE. Mr. Paul Ryback, representing University Heights Town Homes, has requested "no parking" on the north side of 41 sl Avenue, east of Maureen Drive. The concern is the difficulty of existing and entering Maureen Drive when vehicles are parked close to the comer. Maureen Drive is a dead-end street and vehicles must drive onto 41 sl Avenue. Maureen Drive north of 41st Avenue is used by 38 town homes. Presently the curb is painted yellow for 20' on the SE side of 41 st Avenue by the '-_..,J_ro_+ 0___.:........:......._ ...-........-t............n ...................n,,.:I +h.....+ ..... D....:l....l;..... Ur.:U'U";"""1"T nh_.....1A k.o. t"'u,,11.orl f-("\. llYUli1llL. vUlllllll;:);:)lUllllll;;lllUl;;l;:) aoll;;l;;U UlaL a 1 UUll'-' ....,-,aullo i:>llUU!\.I u'-' ,-,'U"'",\.I LV see if no parking on the north side of 41 st Avenue would impact the area. -30- Official Proceedings Columbia Heights Traffic Commission June 5, 2006 Page 2 Motion by Sturdevant, second by Goodman, to call a Public Hearing to discuss designating all four corners of the intersection of 41 5t Avenue and Maureen Drive no parking zones and be marked with yellow paint for 30'. Motion carried unanimously. VI. OTHER OLD BUSINESS None VII. REPORTS A. CITY ENGINEER 1. REQUEST FOR ALLEY SPEED BUMPS Ms. Lara Homan has requested speed bumps be installed in the alley between Tyler and Polk Streets from 3ih to 39th Avenues. In accordance with the policy adopted by the City Council, staff is preparing a letter informing Ms. Homa of the required petition and costs 2. RIGHT TURN ONLY LANE ON 37TH AVENUE AT CENTRAL A VENUE. The City Council approved the right turn only designation for west bound traffic on 37th Avenue at Central Avenue/Reservoir Blvd. The right turn only signage and pavement marking will be installed shortly. B. POLICE CHIEF None. C. COMMISSIONERS Chariperson Carlson, along with the other Commissioners, thanked Ken Stumpf for his years of service to the City by serving on the Commission. Ken is retired and he and his family are moving up to the lake. -31- Official Proceedings Columbia Heights Traffic Commission June 5, 2006 Page 3 VIII. ADJOURNMENT Motion by Anderson, second by Stumpf to adjourn the meeting at 6:15 p.m. Motion carried unanimously. Respectfully submitted, J~~ Traffic Commission Secretary -32- CITY COUNCIL LETTER Meeting of: 6/26/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BYf1,f/Ar ITEM: UTILITY RATE STUDY UPDATE BY: K.Hanse~ 5~fl- .3 DATE: 6/21/06 DATE: Background: The City of Columbia Heights conducted a utility rate study for the development and implementation of equitable rate structures for sanitary sewer, storm sewer, and water utilities over a 5-year period, completed in 2003. The engineering consulting firm of SEH reviewed various rate scenarios for our water, sanitary sewer and storm sewer. This was done to ensure that the necessary revenues would be available for debt repayment and the uninterrupted operation and maintenance of these services. The process, findings and recommendations are detailed in a Utility Rate Study Report dated October 28th, 2003, and adopted by the City Council on December 15th, 2003, along with the 5-year rate plan. Analysis/Co n cI usions: The City is now in the middle of the established 5-year rate structure, a copy of which is attached. Staff believes it is appropriate to examine our rates in terms of revenue and expenses and determine if any mid-term adjustments need to be made. The Storm Sewer Fund does not currently generate sufficient revenue to cover operating expenses. This situation will continue and likely worsen due in large part to the requirements of the City's NPDES Phase II permit. The 5-year permit was recently revised in June of2006 increasing the demands of the department. The sanitary sewer department has also experienced additional demands: internal- aggressive sewer cleaning, 1/1 disconnect program, backflow prevention program; and external- MCES III surcharge program that adds $83,000 per year for the next 5 years until satisfactory III reductions are made. The water department budget has been impacted primarily in Capital Improvements with the addition of a cleaning and lining program under the City of Minneapolis annual program. We ha~e approximately 2-1/2 years operating experience under the new rate structure and recommend a review and update for the next five years for the subject enterprise funds; further analyzing the impacts of governmental mandates, and the Capital Improvement Program (CIP). It should be reminded that the CIP for all utility departments was reduced over the original five-year rate study period, the reduction in the water CIP by nearly fifty percent, to lessen potential rate increases. The 2003 Rate Study did not include solid waste. Staff is proposing to review the current rate structure of refuse and recycling under this update to determine if any adjustment should be made. The refuse and recycling fund has a budgeted operating deficit of $69,000 for 2006. The total operating loss in the refuse/recycling fund from 2001 through 2005 was $545,576. The fund currently has a cash balance of$395,549. A copy of the proposal to perform a rate study update, including solid waste, is included. A question was raised at the 6/19/06 work session relating to existing fund balances. Attached is a memo from the Finance Director detailing the year fund balances for the water, sanitary sewer, storm sewer and refuse accounts. Recommended Motion: Move to accept the proposal from SEH for a Utility Rate Study Update based upon their proposal dated February 28th, 2006, in an amount not-to-exceed $9,100; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Adopted 5-year rate structure (2004-2008) SEH Proposal dated February 28th, 2006 Finance Director Elrite memo I COUNCIL ACTION: -33- Jt. SEH February 28, 2006 RE: City of Columbia Heights, Minnesota Utility Rate Study Update SEH No. P-COLHT0601.00 Mr. Kevin Hansen Public Works Director/City Engineer City of Columbia Heights 637 38th Ave NE Columbia Heights, MN 55421 Dear Kevin: During the past couple of years, the City of Columbia Heights has been following rates established in the Utility Rate Study dated October 28, 2003 completed by Short Elliott Hendrickson Inc. (Smf'\ Recent changes in metering from Minneapolis and changes in the capital improvement program have modified the cash balances in some of the enterprise funds. As a result, some changes should be made to the city's rate structure. SEH is pleased to submit this proposal to provide engineering services for a Utility Rate Study Update. The proposed study will include a review of financial data, establishing trends and projections, financial needs determination, rate development and report production. As part of our rate development, SEH staff will update the computer rate model to adjust rates for the next 5 years. The proposed engineering services will consist of the following scope of work: I. Obtain and Review Data A. Review Historical Utility Data. An initial list of information will be requested from the City so recent data can be updated in the model. Once received, the data will be checked for completeness and organized into tables used to generate future rates needs. II. Establish Historical Trends and Projections A. Review Population and Connections. Historical data will be reviewed for the purpose of establishing trends. Typically, five years of data is required to establish a trend. Population and system connections/system users will be reviewed first, since the number of customers is an important part of the rate formula. Any City projections relating to future connections or redevelopment will be incorporated at this point in the study. B. Analyze Water Sales and Wastewater Flows. Billing records will be tracked over the last five years minimum and projected five years into the future. Similarly, water billed will be projected five years into the future to account for projected population growths. C. Quantify "Unaccounted For" Water. Water that is "unaccounted for" or "lost" in the system will be estimated based on annual wholesale metered water between Columbia Heighb and Minneapolis. Unaccounted for water is water that is pumped but is not bilied to customers because it is lost in the system (hydrant flushing, fire fighting, water main breaks, leaking pipes, unmetered connections, etc.). Some unaccounted for water is normal in every system. Unaccounted for water will be quantified to determine if it is excessive. -34- Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul. MN 55 II 0-5196 CCU i......... ,...........1 ...........................P"\i...... ""...........1.........0.... I ,uunu ........1-.:....._ _............. I L.CI AQf\ ")fl(\f\ I anA ")")C ""C:I: I LC I AQI"I ,,)ICf\ t_.. Mr. Kevin Hansen February 28, 2006 Page 2 D. Project O&M Expenses. Operation and maintenance expenses for each utility (water, wastewater, storm and refuse collection) will be projected based on historical trends and budgeting information supplied by the city. Expenses will include meter reading, billing, collection, administration, operation, maintenance costs, replacement, etc. For each utility, historical data will be reviewed to determine other trends which may affect expenses. Depreciation schedules for current assets will be reviewed and updated since depreciation can be treated as an expense for each utility. Other expenses will be projected, such as principle and interest payments on the existing debts. E. Estimate Unit Cost of Service. For each utility, future costs for each line item (O&M, debt repayment, etc.) will be established based on projections of historical data. F. Detennine Offsets to Revenue Requirements. Offsets to revenue requirements will be estimated for each utility. These include interest income on invested funds, miscellaneous, fees, etc. III. Future Financial Needs Detennination A. Review and Update CIP for Utilities The existing CIP will be reviewed and updated to include those projects proposed to be paid either in cash or fmanced by the respective utility. B. Detennine Revenue Requirements. Revenue requirements will be based on the projected expenses to operate and maintain the system as well as the CIP. Revenue requirements will include water, sanitary sewer, storm sewer and refuse collection and capital needs financed from operating revenue. A cash balance goal of the City will be identified as a minimum amount that must be kept in each fund. IV. Rate Structure Development A. Assess the Health of Each Utility Fund. The projected expenses will be compared with the existing rates to determine the financial shortfall that may develop if rates are not increased. It is expected that annual rate increases are required due to the dept repayment and future capital expenditures. B. Prepare Model for Rate Adjustment. The project expenses, capital improvements and debt repayment expenses will be incorporated into a rate model that can easily adjust different rate increases. The rate model will reflect the City's desire to keep consistency with the existing rate schedule and implement a rate change on an annual basis. An analysis of expenses and revenues generated by the rate increase will verify that a cash balance goal will be maintained. V. Report Production A. Prepare Draft Report A bound draft report will be prepared that documents the data collected , historical trends observed, projections made, financial needs estimated and various rate scenarios considered. B. Draft Report Review Meeting. Three copies of the draft report will be delivered to the City for review. SEH will follow up with a conference call to discuss staff's input so that changes can be made to the final report if necessary. C. Produce and Distribute Final Report Copies. Upon revision of the draft report, ten copies of the final report will be provided to the City for distribution. -35- Mr. Kevin Hansen February 28, 2006 Page 3 D. City Council Presentation. The final report recommendations will be presented at a City Council meeting in a Powerpoint format. We propose to perform these services on an hourly basis for a maximum fee of $9,100. We will invoice the City on the basis of actual hours spent at current billing rates plus the actual cost of reimbursable expenses up to the maximum fee amount. Any additional services requested by the City will be invoiced on the basis of actual hours spent at current billing rates plus the actual cost of reimbursable expenses. All services will be invoiced monthly. If this proposal is acceptable, please sign one copy and return it to us for our records. If you would like to discuss these services in detail, please call me. Sincerely, SHORT ELLIOTT HENDRICKSON INe. ~p ;f~ James P. Norton, PE Senior Principal/Director Water Services Douglas E. merus, PE Project Manager c: Dave Simons, SEH - New Richmond r:lcommunicationslwalsubmitlsl2006\c0lht060 I.doc Accepted this day of ,2006. CITY OF COLUMBIA HEIGHTS, MINNESOTA By: Title: -36- City of Columbia Heights Resolution 2003-50 BEIN G A RESOLUTION SETTING RATES ON SEWAGE DISPOSAL AND WATER SUPPLY IN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department, the following rates shall be put into effect as of January I, 2004 on all billings rendered thereafter: 1. Water Supply Rates: Year Customer Classification 2004 2005 2006 2007 2008 Residential Fixed Fee $12.00 $12.90 $13.87 $14.91 $15.66 Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 Senior Fixed Fee $ 6.90 $ 7.80 $ 8.77 $ 9.81 $10.56 Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 CommerciaVIndustrial Fixed Fee $12.00 $12.90 $13.87 $14.91 $15.66 Rate per 1000 Gallons $ 2.28 $ 2.46 $ 2.63 $ 2.83 $ 2.97 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 2. Sewer Disposal Rates: Residential Fixed Fee $12.00 $13.20 $14.52 $15.97 $16.45 Rate per 1 000 Gallons $ 1.30 $ 1.43 $ 1.57 $ 1.73 $ 1.78 Maximum charge for 24,000 gallons $43.20 $47.52 $52.27 $57.49 $59.22 Senior Fixed Fee $ 6.90 $ 8.10 $ 9.42 $10.87 $11.35 Rate per 1000 Gallons $ 1.30 $ 1.43 $ 1.57 $ 1. 73 $ 1.78 Maximum charge for 24,000 gallons $43.20 $47.52 $52.27 $57.49 $59.22 CommerciallIndustrial Fixed Fee $12.00 $13.20 $14.52 $15.97 $16.45 Rate per 1000 Gallons $ 1.30 $ 1.43 $ 1.57 $ 1. 73 $ 1.78 -37- Resolution 2003-50 Page 2 3. Storm Sewer Rates: Land Use Rates (2004-2008) R-I R-2 R-3 R-4 RB LB GB CBD I 1- I MWW $ 2.46/unit $ 2.46/unit $ 16.23/acre $16.23/acre $31.57/acre $31.57/acre $35.69/acre $35.69/acre $27.85/acre $31.57/acre $ 3.90/acre BE IT FURTHER RESOLVED that all foregoing rates are made effective January 1,2004 in order to meet the additional cost to the City of Columbia Heights for these respective services. Passed this 15th day of December, 2003. Offered by: Seconded by: Roll Call: Mayor, Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk -38- CITY OF COLUMBIA HEIGHTS DATE: JUNE 20, 2006 TO: KEVIN HANSEN PUBLIC WORKS DIRECTOR WILLIAM ELRITE vJ~ FINANCE DIRECTOR FROM: RE: CASH FUNDS AVAILABLE IN ENTERPRISE FUNDS At the work session of June 19th there was a question regarding available balances in the Enterprise Funds. The following chart reflects the available balances. This has been broken down into three sections, Operating Accounts, Capital Accounts that include capital equipment replacement and capital construction, and the Deficit in Debt Service funds for each of these accounts. It should be noted that the Debt Service Deficit is principal only and does not include interest expense. City of Columbia Heights Enterprise Funds Operating and Capital Funds Cash Balances Including Interfund Receivables For the period ending 12/31/2005 Sanitary Sewer 9,611 117,783 0 395,549 0 1,074,559 0 0 9,611 1,192,342 0 395,549 Ca ital Accounts Cash 0 535,016 36,327 0 Interfund rec 376,869 625,571 0 0 Total Ca ital 376,869 1,160,587 36,327 0 Debt Service Deficit Unfunded Bond Princi al 1,207,637 The above chart reflects, in essence, what was stated at the work session. The Sanitary Sewer fbnd has adeauate cash reserves to cover canital imnrovement exnenses for a few years. - - - -.1- - - ~..l..JL'" However, both the Water and the Storm Sewer funds are operating with virtually no cash reserves and a significant debt service burden. The result of this is that any capital construction expenses for the Water fund and Storm Sewer fund will necessitate additional bond sales and increased debt service that will need to be repaid through user service fees. WE:sms 0606201 PW -39- CITY COUNCIL LETTER Meeting of: 6/26/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: S - A _LI PUBLIC WORKS vt-,{{~ ITEM: PROFESSIONAL SERVICES AGREEMENT BY: K.HanS~ BY: /'1j:~ :!.,y WITH BOLTEN AND MENK FOR 2006 DATE: 6/21/0 DATE: ~ CONSTRUCTION INSPECTION SERVICES Background: The Public Works Engineering staffis organized with 3 technicians, an assistant City Engineer and the Public Works Director/City Engineer. The primary responsibility of the department is the public improvement program consisting of both public and private improvements. Our in-house staff has the following responsibilities for the public improvement program: preliminary surveying, preliminary and final design, construction staking, construction inspection and project closeout. On private development projects staff is responsible for all plan review and approval and construction inspection. On May 15th, David Hauswirth, Engineering Technician IV gave his 2 week notice and decided to retire, leaving the department one person short during one of the busiest construction seasons in the last ten years. Analysis/C 0 nel usio ns: Staff evaluated filling the position as it currently exists or finding experienced but short-term help and evaluate the position at a later date. Due to our heavy construction work load for 06 season, the time element for the hiring process and then the timing to train an new employee, the immediate need to replace a seasoned inspector, and the shortage of experienced engineering technicians, staff desires to fill the position with an experienced inspector on a full-time temporary basis, until the end of the construction season. Staff requested proposals and resumes from five firms. Three proposals were submitted along with resumes of inspectors (attached). Two firms, Bonestroo and Kimley-Horn, did not have any inspectors available at this time and did not submit a proposal. Based upon hourly rates and the experience of available inspectors, staff is recommending hiring the inspector from Bolten and Menk for an approximately four-month (l8-week) period. Funding for this work would be charged to the following projects: .:. Huset Parkway - Project 0404 (35%) .:. Park View Phase 11(40%) .:. Central Avenue Storm Sewer - 0503 (15%) .:. Engineering Department (10%) At the hourly rate of$73.00, it is estimated that the total services would cost $52,560. Recommended Motion: Move to accept the proposal from Bolton and Menk for the Engineering Inspection Services based upon their low, qualified proposal dated May 25th, 2006 in an amount not-to-exceed $52,560; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Proposals and Resumes COUNCIL ACTION: -40- E30L -,-OI'J & ~ E:I'J I< / II'JC... Consulting Engineers & Surveyors 12224 Nicollet Avenue · Burnsville, MN 55337-1649 Phone (952) 890-0509. FAX (952) 890-8065 May 25, 2006 Mr. Kevin Hansen, P .E., Public Works Director City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55077 Re: Proposal for Construction Observation Services City of Columbia Heights, Minnesota Dear Mr. Hansen: Thank you very much for requesting a proposal from Bolton & Menk, Inc. for construction observation services. Weare pleased to present you this proposal for your consideration. As a part of this proposal, we have explained our understanding of the required work and have included resumes of available staff for this project along with their associated rates. I tried calling you today to get project specifics, but since I didn't make contact, I thought that I would put this letter together that is more general in nature. Proiect Understandin2: The City of Columbia Heights is requesting construction observation assistance in conjunction with its 2006 Street and Utility Improvements. In general, this project is a reconstruction project including both street construction and underlying utility construction. The observer will start sometime this summer and will be needed for approximately 4-5 months. The observer will report directly to the Public Works Director or whom ever directed to do so. We understand that depending on the contractors schedule, this observer will be working between 40-60 hours per week. No additional construction administration/management services have been requested at this time. Proposed Staff and Rates Based on the specific needs of the City, Bolton & Menk is offering two different construction observers for consideration by the City of Columbia Heights. Each of these construction observers has successfully completed observation services for similar projects and is well suited to assist the City with the 2006 Improvement Project. Complete resumes of each of these individuals are attached. MANKATO, MN . FAIRMONT, MN . SLEE~_ 4 (_.MN . BURNSVILLE, MN . CHASKA, MN · WILLMAR, MN · '" "..~..:.Y, MN . AMES, IA www.bolton~menk.com Ryan Guritz is a Senior Engineering Technician with seven years of experience in construction observation and project design. Mr. Guritz is a MnDOT Certified Inspector in all classes including Erosion/Sediment Control and Work Zone Traffic Control. Our proposed rate for Mr. Guritz on this project is $73/hour. Jim Heusser is a Resident Project Representative with over 40 years of experience in construction observation and public works. Although Mr. Heusser is not MnDOT Certified, his 40 years of experience make him invaluable to our clients. Our proposed rate for Mr. Heusser on this project is $80/hour. Upon your review of the attached resumes, we would be happy to offer any additional information regarding these construction observers that you may need. I would be happy to introduce both of them to you and your staff at your earliest convenience. I would also like you to be aware that our hourly rates include mileage, equipment (laser, locator, vehicle, cell phone and miscellaneous supplies). Most firms do not include this in their hourly rates and therefore charge more to the client. This makes Bolton & Menk a more cost effective consultant. We thank you for the opportunity to submit this proposal to the City of Columbia Heights. If you have any questions regarding this proposal, please call me at 612-817- 2446. Sincerely Mark D. Kasma, P.E. Burnsville Office Manager Enclosures -42- 2 Ryan D. Guritz Senior Engineering Technician EDUCATION A.A.S. Civil Engineering, Technician South Central Technical College, North Mankato, Minnesota Mn/DOT Certifications: - Aggregate Production I - Bituminous Street and Plant I - Bituminous Street & Plant II - Concrete Field I - Concrete Field II - Grading & Base I - Grading & Base II - Erosion/Sediment Control - Site Management - Work-Zone Traffic Control Seminar Confined Space Entry Safety Equipment Municipal Utility Inspectors School Essential Microstation SUMMARY Mr. Guritz has more than seven years of experience in municipal engineering as an engineering technician, construction representative and a project coordinator. These projects include reconstruction and new construction of streets, storm sewers, sanitary sewers, lift stations, watermains, directional drilling/boring and parking lots in both residential and commercial developments. He is proficient in the use of AutoCAD, Arc view, FlowLink and Eagle Point Software (data collection, drafting and site design). EXPERIENCE 2006 Street and Utility Improvements, Hopkins, Minnesota Mr. Guritz recently completed the design phase of this $800,000 residential reconstruction project as the project team's senior engineering technician. The project included the implementation of curb and gutter along the roadways, where there currently is non. It also included storm sewer, watermain, and sanitary sewer improvements. 2005 Street and Utility Improvements, Hopkins, Minnesota Mr. Guritz was the lead construction observer for this $800,000 residential reconstruction project. Special requirements of this project included significant coordination efforts with the private utility companies completing major work of their own in the area. Additionally, one-point access in and out of a majority of the project area required special construction phasing and communication efforts with area residents. 2005 Hennepin County CSAH 73 & 5 Improvements, Minnetonka & Hopkins, Minnesota Mr. Guritz was the senior technician responsible for the construction observation and coordination for the cities of Minnetonka and Hopkins. This County State Aid Intersection project required essential construction phasing to maintain water and sewer service for both cities while coordinating with County staff during roadway construction. Cured In Place pipe technology was used on this project. Project value totaling $3.5 million. 2005 Xerxes-Beard-275Ih Street and Utility Improvements, "Ii'11rn. l\1I~.......ncon.+n ...:.aAV, J......I.......""~VLA Mr. Guritz was responsible for the construction observation of sanitary sewer, watermains, Lift Station and extensive soil corrections for this roadway project and private development sequencing. -43- Page J of3 Ryan D. Guritz Senior Engineering Technician 2004 Street and Utility Improvements, Jordan, Minnesota Mr. Guritz was the senior technician responsible for the design drafting phase ofthis project as well as the construction observation phase for this $3.5 million dollar project. The project included the second phase of an industrial park, a $1 million regional detention pond, trunk sanitary sewer and watennain facilities that will serve multiple subdivisions, and a $700,000 reconstruction project area Arborview Addition, Jordan, Minnesota This $2 million residential subdivision was constructed in 2004. Mr. Guritz was responsible for the construction observation necessary to ensure that the Client's standards were met. Sawmill Woods, Jordan, Minnesota The first phase of this $4 million subdivision was constructed in 2004. Mr. Guritz was responsible for the construction observation necessary to ensure that the Client's standards were met. 2003 Street and Utility Improvements, Osseo, Minnesota Mr. Guritz was responsible for the construction observation phase of this reconstruction project. Project value totaling $253,000. Bridle Creek 5th and 6th Additions, Jordan Minnesota Mr. Guritz provided the construction observation services for this $2 million residential subdivision including the coordination of all testing and small utility installation as well as ensuring all Client standards were met. Bridle Creek 4th Addition, Jordan Minnesota Mr. Guritz provided the construction observation services for this $1 million residential subdivision constructed in 2003 including the coordination of all testing and small utility installation as well as ensuring all Client standards were met. 2002 Street and Utility Improvements, Jordan, Minnesota This $1 million project consisted of the reconstruction of two major City collector streets as well as the construction of a new collector street alignment. Mr. Guritz was responsible for the design drafting and the construction observation phases of this project. Wexford Square Addition, Jordan Minnesota The 3rd Addition of this 120-unit townhome development was completed in 2002. Mr. Guritz provided construction phase observations services for this development. 2002 West Brooks Street Reconstruction/Quick Shop Service, Arlington, Minnesota Mr. Guritz was responsible for the construction observation phase of this proje~t. Project value totaling $140,500. 2001 Agency Street, Street and Utility Improvements, St. Clair, Minnesota Mr. Guritz was responsible for the construction observation phase of this project. Project value totaling $240,000. 2001 Street and Utility Improvements, Jordan, Minnesota Mr. Guritz was responsible for the design drafting phase of this $1 million project. The project consisted primarily of street improvements, which included the construction of a new alignment for Scott CSAH 10, -44- Page 2 of3 Ryan D. Guritz Senior Engineering Technician a reconstruction project that converted a rural section gravel roadway to a paved urban section, and a new City collector street alignment. 2001 Minnesota State University - Mankato/ISD #77 Mr. Guritz was responsible for the construction observation phase of these projects. These projects consisted primarily of parking lot reconstruction, storm sewer, grading & base, concrete curb/walk, crack sealing, seal coating and painting. -45- Page 3 of3 Jim Heusser Resident Project Representative EDUCATION Dunwoody Institute St. Paul Technical Vocational Institute CERTIFI CA TI ONS Class B Minnesota State Water Operator Class B Minnesota State Sewer System Operator SUMMARY Mr. Heusser's role with Bolton & Menk, Inc. is as a Resident Project Representative. He has been involved with several projects in the City ofElko and Empire Township including street and roadway, sanitary sewer, watermain, and storm sewer improvements. Mr. Heusser's experience with Bolton & Menk, Inc. and his experience as the Utility Supervisor for the City of Hastings give him a solid technical background and strong interpersonal skills. EXPERIENCE Mr. Heusser brings over 40 years of experience in the public utility field. Most of these years were as a Utility Supervisor. He has been a member of the engineering design and construction teams on these recent projects: 2006 Empire Township - Providence Phase II Mr Heusser is assisting in Empire Township with Providence Phase II, an 80-acre development. He supervises sanitary sewer, storm sewer, watermain, trails and street and roadway construction. This project includes residential, commercial and retail areas. 2006 City of Hampton Mr. Heusser will serve as the Resident Project Representative for the City of Hampton's 2006 Street and Utility Improvements. This job is a $500,00 project for the City. 2005 Empire Township - Providence Phase I This project consisted of 80 acres of sanitary sewer, storm sewer, watermain and street and roadway. This part ofthe project was strictly residential. 2005 City of Elko - Boulder Pointe IV Mr. Heusser observed the sewer, water and lift station construction for this project in the City of Elko. This has been an ongoing project for the City. City of Hastings - Utility Superintendent Mr. Heusser served the City of Hastings for approximately 22 years as the Utility Supervisor. In this position, he was responsible for managing the City's sewer, water and hydro-electric plant infrastructure. He was the Supervisor for a department of seven staff members. -46- Page 1 of 1 ~ WSB & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis. MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 May 31, 2006 Mr. Kevin Hansen Public Works Director City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 Re: Proposal to provide construction observation services for 2006 Street and Utility Improvements in the City of Columbia Heights Dear Mr. Hansen: Weare pleased to submit to you this proposal to provide construction observation services for the City of Columbia Heights. Based on our phone conversations you are in need of a construction observer for the months of June through September of2006 with the possibility of an extension through October. This construction observer must have the qualifications necessary to complete project inspection and paper work on state approved projects. WSB and Associates proposes to provide to the City of Columbia Heights for the summer of 2006, Richard Sturtz. Mr. Sturtz is a senior engineering specialist with WSB and has over 18 years of experience in the construction of transportation in municipal improvements. Mr. Sturtz resume is attached for your review. WSB proposes to provide Mr. Sturtz to City of Columbia Heights on hourly reimbursable basis at the rate of$80 per hour. This hourly reimbursable cost includes mileage and the necessary tools for Mr. Sturtz to complete his observation services. WSB and Associates is extremely excited about the opportunity to work with the City of Columbia Heights on your 2006 construction projects. If you have any questions on the proposal please call me at (763) 287-7182. ;:;-/~ - Todd E. Hubmer, P.E. Principal Enclosure mjl -47- Minneapolis I St. Cloud Richard Sturtz Senior Engineering Specialist ~ WSB Education: Civil Engineering Technology, St. Cloud Technical College Mn/DOT Certifications: Aggregate Production Grading and Base 1/ II Bituminous Street IIII Concrete Field 1111 Bridge Construction 1/11 Signals and Lighting 1111 & 4s.m!"iaTCS. In.:: Experience: Mr. Sturtz is a Senior Engineering Specialist with over 18 years of experience in the construction of transportation and municipal improvements. Mr. Sturtz was previously employed at the S1. Cloud Mn/DOT office for 15 years and was promoted to Transportation Specialist in 1996. He excels at construction inspection, materials testing, client communication, and project documentation. Mr. Sturtz has completed numerous signal and lighting projects in his career. Selected Project Experience: Roadway, Street, and Utility Improvements . TH 10/32 Interchange Design-Build, Hawley, MN . Connemara Trail Bridge, Rosemount, MN . CSAH 50 Realignment, Cass County, MN . Jenkins Avenue Bridge, Rice County, MN . Wobegon Trail Improvements, Stearns County, MN . 10th Street Reconstruction, S1. Cloud, MN . 105th Street and Quinn Avenue Roadway Improvements, Southside Township, MN . TH 12 Roadway Reconstruction from Cokato to Montrose, MN - includes realignment of 12 Mile Creek - total cost of the two projects totaled $30 million . TH 169 Reconstruction, Southbound Lane, Princeton to Milaca, MN . TH 55 Overlay, Paynesville to Brooten, MN . TH 65 construction of the Cambridge Bypass, MN . TH 23 Reconstruction, 4-lane TH 10 to TH 95 . TH 25 Reconstruction from TH 95 to TH 23 -48- Infrastructure I Engineering I Planning I Construction Kevin,t1ansen - RPH. help... Page 1 1 From: To: Date: Subject: Sue Mason <smason@sehinc.com> <kevin. hansen@ci.columbia-heights.mn.us> 5/30/2006 11 :13:39 AM RPR help Kevin, Here is a resume for Joe Clement, he is a senior tech and a respected field person. I have worked with him in the past and was a great asset. His hourly rate is $88 per hour and we would charge mileage and a $10 per day car allowance. There would be very minor admin tech time for the monthly billing. I really think we would be able to hit the floor running, work independently, and communicate with City staff effectively. He has good experience with street scape projects as well. I would like to bring him over to meet you. He can start immediately. Susan M. Mason Sr. Project Manager/Principal SEH- 81. Paul 651.490.2018 cc: Joe Clement <jclement@sehinc.com>, Paul Pasko <ppasko@sehinc.com>, AI Murra <amurra@sehinc.com> -49- Educatio n Bachelor of Landscape Architecture University of Minnesota (/983) Botany Studies Bethel College (/976-/980) Highway Design Graduate Studies University of Minnesota (/985) AutoCAD Digital Resources (1995) MicroStation CAD/CAM Engineering (/995) Professional Registration Landscape Architect in Minnesota Jt.. SEH Joe Clement, LA Landscape Architect/Senior Civil Technician General Background Mr. Clement's career has centers around private and municipal project design, administration and implementation. Joe's project design elements include grading, ponding, sanitary and storm sewers, streets, and landscaping. Administration includes feasibility reports, preliminary and final cost and quantity estimates, meeting presentation, and contract oversight. Implementation entailed on-site observation and payment coordination. Experience Trunk Water Main hnprovements - Princeton, Minnesota. The City of Princeton upgraded its trunk water main system by adding three new segments of 12" to 16" water main. The new mains were installed in residential neighborhoods and a park. Duties included construction observation of the entire project. Two segments of the water main were directionally drilled under branches of the Rum River and a large valve vault installed. Other work items included storm sewer, sanitary sewer, curb and gutter, and bituminous paving. (2004). Street Rehabilitation Projects- City of Minnetonka, Minnesota. The City of Minnetonka has had an annual street rehabilitation program from 1996 to 2005. Each year the City designates a neighborhood to be rebuilt to current City standards. This includes water main, storm sewer and pavement reconstruction. Duties for these projects involve primary design responsibilities for overseeing the feasibility report, construction plans, engineer's estimate, and specifications. The City is consistently upgrading older streets with new utilities, reclaiming and salvaging the existing street section, adding curb and gutter, and paving with bituminous. Chicago Avenue Plaza, Guthrie Theater Location - Minneapolis, Minnesota. Responsibilities for this project centered around the field implementation of an urban plaza. The plaza included specialized concrete pavement, lighting, special drainage features, and site furnishings. The plaza was bordered by a museum, condominium and the Guthrie Theater. All of these neighboring buildings were under simultaneous construction. Much of the project work effort centered around coordination of the neighbors' concerns since all of these projects were proceeding towards completion. Historic elements were built into the plaza to compliment the museum. (2003). Reconstruction of 66th Street and Penn Avenue - Richfield, Minnesota. Job responsibilities involved the field-work associated with installing a 'Stf\(), l.....'rHy .......rvl1rc....f lr. .......1,."....0 ....oOt...",";,.,n- ..:.,...,,11 l:ATr'\.'rt- ,t.::>TTU" ;,.,rl11r1,::o.r1 oJvv J.vl.J.5 t"''-J\..t..l'l..,,'-A. J..t.l .......u'-'-' .l.....\..C.4l.l.J.,I..l.l.6 ,YI,..L..LI.. ...,....,1..1..... 1.........I.J.l.oJ .L.I..I."'....................'-4 excavation, footings, wall stem, top posts and decorative railing. Inspection was made of reinforcement bars, clearances, job mixes, and Joe Clement, LA I Landscape Architect/Senior Civil Technician I page I -50- Jt. SEH curing means. The project continued into January and cold weather curing methods were used including insulated blankets. (2003) Northeast Area Reconstruction - Rush City, Minnesota. Involvement with project entailed construction observation ofa residential street reconstruction project. The site was an older area of a small town with poor drainage and heavy soils. Work elements included water main, storm sewer, curb and gutter and bituminous paving. A segment of the water main was directional drilled under a river. Two jackings were also performed. (2003). Nathan Lane Reconstruction - Plymouth, Minnesota. Nathan Lane lies in a busy commercial zone and required upgrading in order to meet growing traffic demands. The street was completely reconstructed while being left open to traffic by phasing the project. Job responsibilities included construction observation and coordination for this project. Poor soils required a subcut throughout the project area. Existing pavements were reclaimed, stockpiled and reused as aggregate base. A 16" water main was also installed. Ajacking was performed under a four-lane County collector street. (2002). North Commons Athletic Fields: Site Improvements- Minneapolis, Minnesota. The Park and Recreation Board of the City of Minneapolis desired to renovate an older neighborhood park and upgrade its active and passive elements. Design duties included designing a sand based athletic field, renovating ball fields, adding an irrigation system, and renovating the parks trails. The trails were reclaimed and then paved with bituminous on top of the reclaimed and shaped base. The production of contract documents was followed by field supervision of all phases of the work. (2002) Washington Avenue Pedestrian Bridge Deck Repair - University of Minnesota, Main Campus. This project included overseeing concrete deck repairs to the main pedestrian bridge across the Mississippi River between the University's East and West Banks. Areas of weak concrete were located by chaining and marked for removal. Improvements also included a bridge railing replacement and new bridge lighting. (2001) East Grand Forks Levee and Trails - East Grand Forks, Minnesota. Involvement with this C.O.E. project centered around the grading of a flood control levee to include recreational trails. The trails needed to meet current design standards while lying on and across the levee. Recreational opportunities where thereby meshed with a flood control project. (2001) Buford Avenue, University of Minnesota - Falcon Heights, Minnesota - Phase 2. This project entailed the reconstruction of the main traffic hub on the St. Paul campus. The project area included the central bus transportation area. Specific duties were related to field implementation and included construction observation, field coordination, and payment application work. The project involved Joe Clement, LA I Landscape Architect/Senior Civil Technician I page 2 -51- ~ SEH bituminous and concrete pavement (reinforced and non-reinforced), exposed aggregate sidewalks, and storm sewer. A portion of the project was built over an underground building that required special waterproofing and engineering. (2000) Xenia Avenue Landscaping - Golden Valley, Minnesota. Responsibilities for this project entailed implementation of a street landscape along an urban corridor. Plantings included overstory trees, shrubs, perennial and aquatic plants. An irrigation system was installed to benefit the plantings located in the street medians. Coordination, record keeping, payment prosecution and project closeout were performed. (2000) Zachary Lane Landscaping - Plymouth, Minnesota. Duties included staking, construction observation and coordination ofIandscape installation along a three-mile long collector street in a suburban area. Plantings included a large variety of overstory trees, shrubs, perennials and grasses. Planting areas included boulevards and street medians, which were bermed and mass planted. (1999) Buford Avenue, University of Minnesota - Falcon Heights, Minnesota. Responsibilities centered around construction observation and coordination on this street reconstruction project. The improvements included demolition, water main, storm sewer, and street work. Responsibilities also included record keeping, payment processing and project coordination. (1999) WIlshire Drive Stonn Sewer hnprovements - Minnetonka, Minnesota. This project was taken from neighborhood meetings to feasibility report to final plans and specifications. Improvements included a water quality pond, storm pipe and street reconstruction in an area prone to flooding in extreme storm events. The City's Stormwater Management plan provided the basis for the improvements. (1999) Bunker Hills Boulevard - Anoka, Minnesota. Duties included the final landscape design of a two-mile segmen t of Bunker Hills Boulevard in Anoka. Extensive landscaping included large medians that were mass planted with perennials and shrubs to create large areas of color that would bloom over several months. Boulevards were planted predominantly with drought tolerant overstory trees that were selected to survive in coarse soils and blend with the existing vegetation. (1999) Minnehaha Creek Canoe Landings - Minnetonka, Minnesota. This effort included research, conceptual and final design of five canoe landings along the Minnehaha Creek from Lake Minnetonka to the Minnetonka Mills District. The team included City Staff and Watershed District personnel who brought conceptual ideas to the table. The process included meetings with all involved parties and several rounds of plans and revisions to satisfy all stakeholders. Final plans were completed, permits obtained and a contractor chosen. Field observation of construction was also performed. (1999) Joe Clement, LA I Landscape Architect/Senior Civil Technician I page 3 -52- ~ SEH 4th Street Landscape Improvements - University of Minnesota, East Campus. The University retained SEH to change the character of this harsh urban corridor. This was accomplished through reduction of parking surface and introduction oflinear planted berms edging the corridor. Personal responsibilities included survey coordination, design conceptualization, plant selection, contract document production, and implementation overview. (1998) Minnewashta Elementary School Athletic Field Improvements - Shorewood, Minnesota. This Minnetonka School District project added athletic fields to a six-acre site adjacent to an existing elementary school. Design parameters included adding baseball and soccer fields while protecting existing wetlands, improving storm water runoff, and providing buffers for adjacent developing residential areas. The need for a wet pond meeting NURP standards on a site occupied by 700 grade school students posed a unique design situation. (1996) Oakdale Ice Arena - Oakdale, Minnesota. This landscaping project involved selecting plant materials for a new ice arena constructed adjacent to a public school and residential housing. Issues involve included buffering of conflicting site uses and aesthetics. (1996) 69th Avenue North Streetscape - Brooklyn Center, Minnesota. In this project, an existing urban collector street was realigned and reconstructed. The streetscape portion of the project entailed adding landscaping, trails, and walls to encourage safe pedestrian use and to mitigate corridor noise and visual harshness. (1996) Joe Clement, LA I Landscape Architect/Senior Civil Technician I page 4 -53- CITY COUNCIL LETTER Meeting of: 6/26/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: S-A-:S- PUBLIC WORKS BY: ~fr2; ~ ITEM: AGREEMENT FOR A PERMANENT BY: K.HanS~ EASEMENT FOR ROADWAY, UTILITY AND DATE: 6/21/0 DATE: DRAINAGE WITH ALCO OF 455 37TH A VENUE PROJECT 0404, HUSET P ARKW A Y Background: On July 25, 2005 the City Council authorized the construction of the Huset Parkway from 37th Avenue west of 5th Street to Jefferson Street. The new parkway is a critical roadway component of the overall Industrial Redevelopment Plan. The consulting firm of SEH prepared construction plans, with City staff providing construction management and administrative services. Ana lysis/Conclusions: Through preparation ofthe bidding plan documents, it was determined that the 37th Avenue entrance alignment will require a small permanent easement from property east of the intersection of37th and new Jefferson Parkway. As this easement would not interfere with construction of the roadway and was considered minor in nature, staff negotiated its acquisition during construction. The attached drawing depicts the small permanent easement of 1,306 ft2 that is shown at the SW corner of 455 37th Avenue. The drawing also shows a temporary easement for construction purposes along the south perimeter and west perimeter of 455 37th Avenue. Due to the introduction of the new roadway and entrance median, it is necessary to change the access to the loading docks from the south off of 37th Avenue (existing) to the north off of the new Huset Parkway (post construction) for continued use by 455 37th Avenue. To facilitate this, an agreement has been prepared by Kennedy and Graven, signed by the property owner and is attached. The agreement spells out the specific work items to facilitate the loading dock access change, with the work completed by the City. This work includes two new driveways off of Huset Parkway and reconfiguring the parking lot from one way to two-way ingress and egress. The Agreement also provides a land transfer from the City to 455 37th Avenue from the new parkway adjacent to the parking lot for large (65 foot length) tractor-trailer vehicles to maneuver and deliver on the north side of the loading docks. Recommended Motion: Move to approve the easement agreement between the City of Columbia Heights and 455 37th Avenue NE, LLC for permanent and temporary easements to the City and exchange agreement between City and 455 37th Avenue NE, LLC for City Project #0404, Huset Parkway. KH:jb Attachment: Easement Drawing Agreement with attachments COUNCIL ACTION: -54- ~~ W :J Z W > <{ .!: 4-' I' n IX) -<J 0 ...J U1 (() U1 .S; :5 :J 0 UJ 40 80 40200, I I I " ~~ ~ '" / 30 10 '"" I ----- ",/ E 1'- 40' .., seAL, ' L' / \1--- I _ \ .' ~:::: I" ./ ,..:::.:'" \. ..' -- "---- , -- I"".., '.,,, , ~""'" -~ .......\ SE. Com" ~"""----------" . .',", ;~ ^ ". \"'~ 3 L~t 2 N 08"16'04" E , , _________ , , ....,. .,<.}'" " \ '"" . - - - - "118.38' - - - - ~ '" ~B'54'IB' "-.............. ....S.. , \ r L ~ 1 5 6 . 2 9 ' , "'0 , \ , / ., "".. R ~ 1 0 0 5 ,N O'O'O.~. \ " '", · ..J . B" _ 43.30 - C ~ . , 'b"';"dO Eoete,'y Une of Lot 2 ~!!! 8. &" , " ,. " ", I ~ , ~ C" <k.. / " ,'. P ARKWA ;, 09 0" , 8 ~l ... ....:P PROPOSED HU~~~T OF WA . S ;,,~ "'" '9,S .v ~ 4" 9. ' ........ ~ > /-10 " I .<;..) . W te" Une Lot 7 ~ S Q -10 ' , ,,, , ' .... ., '0 ~ ~ ,,, '. 0,7.1 ' , 8. ' ' , . o~ , '... /.. ~"' < 7 Wester Iy y~~, m ". , . " '" ,,'. ' Une Lot 6.. ~ 2.47 '5" E TOO" , n b N 89 56 1 : m L.OT ~ .... I I ~ I ) COLUMBIA HEIGHTS MINNESOTA ~ PERMANENT EASEMENT 1,306.0 S.F. (0.03 acres) [ill] Lot 2, Auditors Sub. No. 50 2,001.3 S.F. (0.046 acres) EASEMENT AND TURNBACK SKETCH FMM PARTNERSHIP PROPERTY L. (} '1' ; (c: ; -r \" ) j~ 1'HCH(;(1',)l.....ZOOO .-/"......... 35J5 VADHAlS ClJfTDl OR.. SEH Sf. PAUl.. Wf !~110 O. O,{p, " CJ; ~ EXHIBIT NO. A Ooll-J' P.I.N. 35-30-24-34-0001 NW Corner Lot 6 SE Corner Lot 8 5th STREET N.E. TURNBACK Abstract and Torr~ (OJ ~ p EXHIBIT C EASEMENT THIS INSTRUMENT is made by 455 37th Avenue NE, LLC, a Minnesota limited liability company, Grantor, in favor of the City of Columbia Heights, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the following described property in Anoka County, Minnesota (the "Owner's Property"): Parcell: Lots 32, 33, 34, and 35 and the West 10 feet of Lot 36, Block 89, Columbia Heights Annex to Minneapolis, in Anoka County, Minnesota, together with that part of the South Half of vacated alley adjoining said Lots and lying between the Northerly extensions of the West line of Lots 32 and the East line of the West 10 feet of Lot 36, in said Block 89.0. (Abstract) Parcel 2: Lot 6, Auditor's Subdivision Number 50, Anoka County, Minnesota, except the South .2 feet thereof. (Abstract) Parcel 3: Lot 8, Auditor's Subdivision Number 50, Anoka County, Minnesota. That part of Block "G", Columbia Heights Annex to Minneapolis described as follows, to-wit: Commencing at a point on the East line of said Block "G" which point is 263 feet North of the Southeast comer of said Block fiG"; thence West on a line parallel to the South line of said Block "G" to the East line of the right of way of the Minneapolis, St. Paul and Soo Ste. Marie R.R.; thence Northeasterly curving to the right with said right of way line (which right of way line is East of and parallel with and 25 feet distant from the center of said railroad track, being on a curve of S degrees 30 minutes) to a point which is on a line parallel with the South line of said Block "GfI and North therefrom 417.6 feet; thence East 76.1 feet along said line to a point on the East line of said Block fiG", said point 417.6 feet North from the South line of said Block fiG"; thence South along the East line of said Block "GfI 154.6 feet to the point of beginning; the above described premises now known and described as Lot 7 and the South .2 feet of Lot 6, Auditor's Subdivision No. 50, Q""f"\rr1;nrr tn thP nl",t thPrpnf' nn flIp nr nfrpf'nrrl in thp nffif'p tn thp Rpcnc;:tPT nff)ppnc;: in ::Inn fnT C;:::Iin --""''-'....~...~....t::> "'..., ........- .t"'...-... """'"...._....__.a.. ............. .........- "".... ........ ........--...-......... -........ ...............-- ..- --..... ............0..........-- -- - --.-- -- --~ --- ----- Anoka County. And That part of vacated 37th Avenue Northeast described as follows: RJL-266868vl CL20S-2S -56- Beginning at a point on the South line of Lot 8, Auditor's Subdivision Number 50, distant 131.5 feet West from the Southeast comer thereof; thence West along the South line thereof 40 feet; thence South, at a right angle, a distance of 11.25 feet; thence East a distance of 40 feet to a point on a line drawn South from the point of beginning and at a right angle to the South line of said Lot 8 distant 11.3 feet South from said point of beginning; thence North along said line a distance of 11.3 feet to the point of beginning. (Torrens) According to the map or plat thereof on file and of record in the Office of the County Recorder for Anoka County, Minnesota. B. Grantor desires to grant an easement to the Grantee, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easement: A perpetual easement for street, drainage and utility purposes over, under, across and through the following described property: Parcell: Lots 32, 33, 34, and 35 and the West 10 feet of Lot 36, Block 89, Columbia Heights Annex to Minneapolis, in Anoka County, Minnesota, together with that part of the South Half of vacated alley adjoining said Lots and lying betWeen the Northerly extensions of the West line of Lots 32 and the East line of the West 10 feet of Lot 36, in said Block 89.0. (Abstract) Parcel 2: Lot 6, Auditor's Subdivision Number 50, Anoka County, Minnesota, except the South .2 feet thereof. (Abstract) Parcel 3: Lot 8, Auditor's Subdivision Number 50, Anoka County, Minnesota. That part of Block "G", Columbia Heights Annex to Minneapolis described as follows, to-wit: Commencing at a point on the East line of said Block "G" which point is 263 feet North of the ~u--U-"Ut.li"~:::"L '-U--IIIP-l U-J:'l ::::::1uA DJJ1.l-~.l\.I, "r!.". +l..o~~o UTo,.,+ ....... 0 I:..."" ""01"':111",,1 ff"\ fhP ~f"\l1fh l;np ,....f C!:I,r! Al{)('.1c lo..J _1WoU _ ..... u-.... U\.,..o '-', U~,"",l.1\,,1,", yy \,.I~" V~~ (,.&. ~J.J.J.""" .t'u.J............."'.J.. ...V .......L'" J.J""'......w..... ............._ ........... ....._.a._ -..........--... "G" to the East line of the right of way of the Minneapolis, St. Paul and Soo Ste. Marie R.R.; thence Northeasterly curving to the right with said right of way line (which right of way line is East of and parallel with and 25 feet distant from the center of said railroad track, being on a curve of S degrees 30 minutes) to a point which is on a line parallel with the South line of said Block "G" and North therefrom 417.6 feet; thence East 76.1 feet along said line to a point on the East line of said Block RJL-266868vl CLl05-25 -57- """"-L,, "G", said point 417.6 feet North from the South line of said Block fiG"; thence South along the East line of said Block "G" 154.6 feet to the point of beginning; the above described premises now known and described as Lot 7 and the South .2 feet of Lot 6, Auditor's Subdivision No. 50, according to the plat thereof on file or of record in the office to the Register of Deeds in and for said Anoka County. And That part of vacated 37th Avenue Northeast described as follows: Beginning at a point on the South line of Lot 8, Auditor's Subdivision Number 50, distant 131.5 feet West from the Southeast comer thereof; thence West along the South line thereof 40 feet; thence South, at a right angle, a distance of 11.25 feet; thence East a distance of 40 feet to a point on a line drawn South from the point of beginning and at a right angle to the South line of said Lot 8 distant 11.3 feet South from said point of beginning; thence North along said line a distance of 11.3 feet to the point of beginning. (Torrens) Said permanent easement being that part of the above described property which lies southwesterly of the following described line; Said line commences at the southeast comer of said Lot 8, Auditor's Subdivision No. 50: thence south 89 degrees 56 minutes 15 seconds west, assumed bearing, along the south line of said Lot 8, a distance of 131.50 feet to the point of beginning of said line; thence north 57 degrees 44 minutes 31 seconds west a distance of 58.82 feet to the west line of said Lot 8 and there terminating. Said permanent easement contains 1,306.0 square feet (0.030 acres) more or less. 2. Scope of Easement. The perpetual easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area public street, drainage and utility facilities or improvements of any type that are not inconsistent with this easement. The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey the easements herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, dalnages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors and its successors and assilIDs. RJL-266868vl - 58 - CL205-25 STATE DEEfAX DUE HE~ON: NONE Dated tllis / clay of ~ 2005. --:lJ)?;Z~~ By: elvin L. on Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ~ ) The foregoing instrument was acknowledged before me this jl...l A day of ~ , 200~"by M~lvin L La...r~n the Chief Manager of 455~Avenue NE, LLC, a Minnesota limited liability company, on behalf of the limited liability company. No NOTARY STAMP OR SEAL KRISTA HORNER Notary Public - Minnesota My Commission Expire~ Jan. 31.2010 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 200 South Sixth Street 470 US Bank Plaza Minneapolis, MN 55402 612-337-9219 RJL-266868vl CL205-25 -59- CONSENT OF MORTGAGEE Wells Fargo Bank, National Association, 1221 Nicollet Mall, Minneapolis, :MN 55403 (hereinafter referred to as Mortgagee), is the holder of the following instruments executed by 455 - 37th Avenue NE, LLC, a limited liability company ("Owner"), owner of the real estate which is legally described in Exhibit A attached hereto ("Property"), which instruments are executed by said Owner in favor of Mortgagee and encumber the Property (collectively, "Mortgagee's Encumbrances"). 1. Mortgage dated November 2, 2004 and recorded in the office of the County Recorder for Anoka County, Minnesota, on January 18,2005, as Document No. 1972237.010 and in the Office of the Registrar of Titles for Anoka County, Minnesota, on January 18, 2005, as Document No. 481388.011; and 2. Assignment of Rents dated November 2,2004, and recorded in the Office of the County Recorder for Anoka County, Minnesota, on January 18, 2005, as Document No. 1972237.011 and in the Office of the Registrar of Titles for Anoka County, Minnesota, on January 18, 2005, as Document No. 481388.012; and 3. Hazardous Substances Certificate and Indemnity Agreement dated November 2, 2004, and recorded in the Office of the County Recorder for Anoka County, Minnesota, on January 18,2005, as Document No. 1972237.012 and in the Office of the Registrar of Titles for Anoka County, Minnesota, on January 18, 2005, as Document No. 481388.013. Mortgagor hereby consents to the grant of the above Easement as an encumbrance upon the Property which shall be senior in priority to the lien of Mortgagee' s Encumbrances. WELLS FARGO BANK, NATIONAL ASS CIA ON and ~~ By: Its: VI'v<. - . STATE OF MlNNESOTA ) ) ss ) COUNTY OF ~ The foregoing Consent of Mortgagee was acknow!edged before me this /4.d-ftay of ~ ' .200Xt..,. by frj(' A/'ndrj~"'~n ,the Vi~e Prec:.,Id.((\+ ,and f)o..rj(\ 7..re/~Drt ,the ( of Wells Fargo Bank, National Association, on behalf of said national association. KRISTA HORNER Notary PubHc - Minnesota My Commission Expires Jan. 31, 2010 No ary Public RJL-266868vl CL205-25 -60- EXCHANGE AGREEMENT cC (Q) jQ) P ~~., THIS AGREEMENT is by and between the City of Columbia Heights, a municipal corporation under the laws of Minnesota having its principal place of business at 590 40th Avenue NE, Columbia Heights, Minnesota 55421-3878 ("City" or "Grantee"), and 455 37th Avenue, LLC, a Minnesota limited liability company, 455 37th Avenue NE, Columbia Heights, Minnesota 55421 ("Owner" or "Grantor"). I. RECITALS 1.01. City has undertaken to reconstruct Huset Parkway ("Project"). 1.02. Owner represents that it is the Owner of the real estate described in Exhibit A attached hereto ("Owner's Property") in fee simple, subject to a mortgage in favor of Wells Fargo Bank, National Association ("Mortgagee"). 1.03. City represents that it is the owner of the real estate described in Exhibit B attached hereto ("City Property") in fee simple. 1.04. City desires to acquire a permanent easement for street, drainage, and utility purposes ("Easement") over the Owner's Property in the form attached hereto as Exhibit C. 1.05. Owner desires to obtain the conveyance from the City of the City Property and is willing to accept such conveyance in full and complete payment for a grant of the Easement to City. 1.06. Subject to the provisions of this Agreement, City is willing to convey the City Property to Owner in consideration for the Easement and the right to enter the Easement and immediately begin construction for the Project. RJL-266868vl C1205-25 -61- " II. AGREEMENT NOW, THEREFORE, in consideration of the premises, their mutual promises and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Owner and City hereby agree as follows: 1. Grant of Easements. Owner agrees to execute the Easement in the form attached hereto as Exhibit C before a notary public and to deliver the Easement to City in recordable form. Immediately upon execution and delivery of this Agreement, City may enter the Easement for work on the Project pursuant to this Agreement. 2. Consideration. Upon (a) receipt of the Easement in recordable form executed by Owner and consented to by Mortgagee; and (b) City Council approval of this Agreement, the City shall cause the Mayor and the City Manager to execute and deliver a Quit Claim Deed in recordable form to Owner conveying title of the City Property to Owner. 3. Waiver. Owner hereby waives any and all damages which it may incur as a result of the granting of the Easement, including but not limited to interest and the right to be reimbursed for appraisal fees in connection with the City's acquisition of the Easement. This waiver shall take effect upon delivery of the City's Quit Claim Deed to Owner. 4. Contin~ency. This agreement is contingent upon the approval of the City Council of City. If City Council does not approve this Agreement, the right of entry granted herein and the Owner's grant of the Easement shall remain effective but City shall promptly commence eminent domain proceedings to determine the damages due to Owner for the acquisition of the Easement. RJL-266868vl CL205-25 -62- CITY OF COLUMBIA HEIGHTS By: Its Mayor And by: Its City Manager Dated: ~ (I ,200t RJL-266868vl CL205-25 -63- By: 455 - 37TH AVENUE NE, LLC ~~ Its Chief Manager Dated: , 2005 EXHIBIT A Legal Description of Owner's Property Parcell: Lots 32, 33, 34, and 35 and the West 10 feet of Lot 36, Block 89, Columbia Heights Annex to Minneapolis, in Anoka County, Minnesota, together with that part of the South Half of vacated alley adjoining said Lots and lying between the Northerly extensions of the West line of Lots 32 and the East line of the West 10 feet of Lot 36, in said Block 89.0. (Abstract) Parcel 2: Lot 6, Auditor's Subdivision Number 50, Anoka County, Minnesota, except the South .2 feet thereof. (Abstract) Parcel 3: Lot 8, Auditor's Subdivision Number 50, Anoka County, Minnesota. That part of Block "G", Columbia Heights Annex to Minneapolis described as follows, to-wit: Commencing at a point on the East line of said Block "G" which point is 263 feet North of the Southeast comer of said Block "G"; thence West on a line parallel to the South line of said Block "G" to the East line of the right of way of the Minneapolis, St. Paul and Soo Ste. Marie R.R.; thence Northeasterly curving to the right with said right of way line (which right of way line is East of and parallel with and 25 feet distant from the center of said railroad track, being on a curve of S degrees 30 minutes) to a point which is on a line parallel with the South line of said Block "G" and North therefrom 417.6 feet; thence East 76.1 feet along said line to a point on the East line of said Block "G", said point 417.6 feet North from the South line of said Block "G"; thence South along the East line of said Block "G" 154.6 feet to the point of beginning; the above described premises now known and described as Lot 7 and the South .2 feet of Lot 6, Auditor's Subdivision No. 50, according to the plat thereof on file or of record in the office to the Register of Deeds in and for said Anoka County. And That part of vacated 37th Avenue Northeast described as follows: Beginning at a point on the South line of Lot 8, Auditor's Subdivision Number 50, distant 131.5 feet West from the Southeast comer thereof; thence West along the South line thereof 40 feet; thence South, at a right angle, a distance of 11.25 feet; thence East a distance of 40 feet to a point on a line dravl11 Sout.~ from t.~e point of beginpil1g and at a rig..ht angle to the South line of said Lot 8 distant 11.3 feet South from said point of beginning; thence North along said line a distance of 11.3 feet to the point of beginning. (Torrens) RJL-266868vl CL205-25 -64- EXHIBIT B Legal Description of City Property That part of Lot 2, Auditor's Subdivision No. 50, described as follows: Commencing at the southeast corner of said Lot 2: thence north 08 degrees 16 minutes 04 seconds east, assumed bearing, along the east line of said Lot 2, a distance of 118.3 8 feet; thence continuing along said east line, along a tangential curve, concave to the southeast, a distance of 156.29 feet to the point of beginning of said parcel, said curve having a radius of 1005.61 feet and a central angle of 08 degrees 54 minutes 18 seconds; thence north 00 degrees 00 minutes 00 seconds east, a distance of 43.30 feet; thence northeasterly along a non- tangential curve, concave to the southeast, a distance of31.00 feet, said curve having a radius of2069.00 feet, a central angle of 00 degrees 51 minutes 31 seconds, a chord length of 31.00 feet and a chord bearing of north 22 degrees 40 minutes 12 seconds east; thence northeasterly along a non-tangential curve, concave to the southeast, a distance of 209.52 feet, said curve having a radius of 735.00 feet, a central angle of 16 degrees 19 minutes 59 seconds, a chord length of208.81 feet and a chord bearing of north 31 degrees 36 minutes 41 seconds east; thence north 89 degrees 56 minutes 15 seconds east, not- tangent to last curve, a distance of 2.47 feet to the northwest comer of Lot 6, said Auditor's Subdivision No. 50; thence southwesterly along the easterly line of said Lot 2 a distance of 280.34 feet to the point of beginning and there terminating. Containing 2,001.3 square feet (0.046 acres) more or less. PI.N.: 35-30-24-34-0001 RJL.266868vlpCL205-25 -65- CITY COUNCIL LETTER Meeting of: 6/26/06 AGENDA SECTION: CONSENT AGENDA NO: {; - _ _ <p ITEM: RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO A COOPERATIVE AGREEMENT No. 89683 WITH MNDOT FOR TH 65 DRAINAGE IMPROVEMENTS ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse}.~ DATE: 6/21/06~ CITY MANAGER BY:~ DATE: Background: The City of Columbia Heights has experienced surface water problems on Central, south of 49th A venue for a number of years. There has been localized flooding at the low points in this area, along with pavement or boulevard settlements and/or failures of catch basin structures due to structure degradation or failures. In 2002, staff budgeted $7,000 for maintenance in this area, but after reviewing the condition ofthe structures in more detail, it became apparent that replacements of many of the catch basins would be necessary. Subsequently, $25,000 was budgeted in each of the 2003 and 2004 State-Aid Maintenance budgets to make the necessary repairs. As staff looked at making repairs to the catch basins in 2004, it became apparent that as many as 17 structures were in need of major repair or replacement, exceeding the original scope of work and budget. In lieu of using City funding, the council authorized application for the entire project cost through the MnDOT Municipal Agreement Program in 2004. In 2005, the City was awarded the entire project amount including construction engineering in the amount of$108,000. Under the Municipal Agreement Program, it is the City's responsibility for project design, bidding and contract administration. Analysis/Conclusio ns: The proposed work is mainly focused on the structure replacement and repairs to this area, involving sixteen catch basins and one manhole. Work would either involve the complete replacement of the catch basins, reconstructing the tops of the catch basins; replacing settled concrete curb and gutter; replacing all castings with high capacity/self cleaning grates; bituminous patches and minor pipe replacement. It should be noted that this work does not increase the capacity of the area drainage system or solve the drainage problems of this area, it is a maintenance project that specifically addresses severely deteriorated structures and adds self cleaning inlets. The project specific Municipal Agreement by MnDOT is attached and essentially details several things regarding the project: 1. Engineer's Estimate with detailed quantity takeoff. 2. Cost participation by the State and City. 3. Maintenance responsibilities after construction are complete. Staff recommends adopting the resolution that authorizes the City of Columbia Heights to enter into a Cooperative Agreement No. 82966 with the Minnesota Department of Transportation for Central Avenue, TH 65, and accepting a lump sum payment of $108,000 from the State. Recommended Motion: Move to waive the reading of Resolution No. 2006-77, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2006-77, being a resolution authorizing the City of Columbia Heights to enter into a Cooperative Agreement No. 89683 with MnlDOT for Central Avenue, T.H. 65, drainage improvements, City Project No. 0405. Attachment: Resolution Cooperative Agreement No. 89683 COUNCIL ACTION: -66- RESOLUTION NO. 2006-77 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 89683 WITH MNDOT FOR DRAINAGE IMPROVEMENTS TO T.H. 65, CENTRAL AVENUE, SOUTH OF 49TH AVENUE CITY PROJECT # 0405 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the improvement of drainage structures on Central Avenue near 49th Avenue to 48th Avenue, City Project 0405; and WHEREAS, MnDOT has designated the improvements as SP 0207-48 and SAP 113-010-12; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, MnDOT has secured funding in the amount of $1 08,000 for the project and has prepared Municipal Agreement Number 89683 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway drainage system. BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 89683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the storm sewer improvements and minor bituminous paving construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 300 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Dated this 26th day of June, 2006 Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -67- CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I, the duly appointed, qualified Deputy City Clerk of Columbia Heights, Minnesota, and the keeper of the records thereof, do hereby certiiY that the attached is a true and correct copy of Resolution 2006-77 adopted by the City of Columbia Heights on the 26th day of June, 2006 by the Columbia Heights City Council, as held in my possession. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of Columbia Heights this 26th day of June 2006. Seal Patricia Muscovitz, CMC Deputy City Clerk -68- PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 89683 S.P. 0207-84 (T.H. 65=005) S.A.P. 113-010-12 C.P. 0405 State Funds The State of Minnesota Department of Transportation, and The City of Columbia Heights Re: State lump sum payment for minor bituminous paving and storm sewer rehabilitation construction by the City on T.H. 65 ORIGINAL AMOUNT ENCUMBERED $108,000.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "Statell and the City of Columbia Heights, Minnesota, acting by and through its City Council, hereinafter referred to as the "Cityll. -69- 89683 WHEREAS, the City is about to perform storm sewer improvements and minor bituminous paving construction and other associated construction upon, along and adjacent to Trunk Highway No. 65 260 feet south of 49th Avenue within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 0405 and by the State as State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12; and WHEREAS, the City has requested participation by the State in the costs of the storm sewer improvements and minor bituminous paving construction; and WHEREAS, the State is willing to participate in the costs of the storm sewer improvements and minor bituminous paving construction and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 0405 and by the State as State Projects No. 0207-84 -70- 89683 (T.H. 65=005) and No. 113-010-12. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within, 7 days of opening bids for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request ,for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section, C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer's authorized representatives. The City shall give the -71- 89683 District Engineer at least five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction II . Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Additional Construction, Plan Changes, Etc. All changes. in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State District Engineer's authorized representative. Section G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all -72- 89683 Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and per.mits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction~ Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the storm sewer improvements and minor bituminous paving construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 65 260 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12, a lump sum in the amount of $108,000.00 or the total 'cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, whichever amount is smaller. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the -73- 89683 contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that all necessary parties have executed the construction contract. ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s} covering all contract construction. B. A copy of the endorsed and canceled City warrant or check paying for final contract construction, or computer documentation of the warrant issued certified by an appropriate City official that final construction contract paYment has been made. C. Copies of all construction contract change orders and supplemental agreements. -74- 89683 Section B. Maintenance by the City Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics -75- 89683 Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Ter.mination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to paYment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the paYment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to paYment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final paYment. -76- 89683 Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section H. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and 'executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Kevin Hansen, Public Works Director, or his successor. His current address and phone number are 637 38th Avenue NE, Columbia Heights, MN 55421-3878, (763) 706-3705. -77- 89683 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. !i!i 16A.15 and 16C.05. DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer By Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF COLUMBIA HEIGHTS Approved as to form and execution: By By Contract Management Mayor Date Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Ti tIe By Date Date -78- \1;1 .~'v CITY COUNCIL LETTER Meeting of: 6/26/06 AGENDA SECTION: CONSENT AGENDA NO: S~A-I ITEM: JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS FOR THE COOPERATIVE PURCHASE OF ATHLETIC FIELD LIGHTING FOR PRESTEMON PARK ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen VJtA.- , DATE: 6/2l/06~ DATE: Background: Staff has discussed the seasonal usage of athletic fields with the Park and Recreation Commission over the last couple of years. Currently, only two fields in the entire city have sufficient lighting that allows play at and following sunset. This limits programming for youth softball, adult softball and youth baseball. At the November 28th, 2005 regular meeting the City Council authorized the preparation of a feasibility report for athletic field lighting at Prestemon Park. At the February 13th, 2006 regular City Council meeting the Council accepted the report and authorized a Public Hearing before the Park and Recreation on March 29th, 2006. At the April 26th Park & Recreation meeting the Commission passed a unanimous motion to recommend to the City Council to install athletic field lighting at Prestemon Park. At the May 18th regular City Council meeting, the installation of athletic field lighting was ordered by the Council. Analysis/Co nclusions: The project will consist of six (6) 60-foot monopoles with a total of22 1,500-watt luminaires. An illumination summary was prepared that shows the design intensity on the athletic field and 100 feet from the monopoles. The Musco luminaire design reduces light spillage by over 95% - which provides an intensity average of 0.126 foot-candles near adjacent property lines (equivalent to a full moon on a clear night in the City). Field lighting provides an average of 35.5 and 22.6 foot-candles at the infield and outfield, respectively. This is consistent with industry recommendations for softball use. A cooperative purchasing program is available in the State of Minnesota for athletic field lighting and is administered through the City of Rogers. A listing of cities and counties who have purchased through this program is attached. A joint powers agreement is necessary to purchase through the current program, which was originally bid in 2004 and expires August of2006. The pricing under this cooperative program remains at 2004 contract bid amounts - which is estimated to be about 12% under current bid rates. The cooperative bid is for all lighting products, installed, along with warranties, but does not include electrical. The electrical portion of this work would have to be bid separately, with an estimated range of$13,OOO - 15,000. The contract price, installed for six monopoles with 22 1,500-watt luminares and Control Link controls is $62,918. The City Attorney has reviewed the Joint Powers Agreement and opinions that it is acceptable to enter into a JP A for purchasing. Project funding would be provided through the 100% Contributed Projects - Recreation Fund 881. Adequate funds for the project costs are available. Recommended Motion: Move to waive the reading of Resolution No. 2006-78, there being ample copies available to the public. Move to adopt Resolution No. 2006-78 being a resolution authorizing the City of Columbia Heights to enter into a Joint Powers Agreement with the City of Rogers for bidding of various athletic field lighting within the State of Minnesota. Recommended Motion: Move to authorize the purchase of athletic field lighting for Prestemon Park in the amount not-to-exceed $62,918 from the Rogers Multi-City Joint Powers Agreement. KH:jb A ......_....,L____... r\.LLi:ll,.;jUlll;;UL COUNCIL ACTION: -79- ..5111'a -asl:m'---' l!l_ ----- ........................,.D"'" ~.Ilm_..._ ..~ Craig Gallop r.l=:(~~~~~~~.l.t~~~~1f.f~;:~~'t~:€fmriiiIt@~~jffiii~~li";!~{S-1~:lli".~;fr~M~~t"t,1:ff.i1~~a>>',;~~it~~;l1hi~~ Musco Sports lighting Phone: 7631533-2030 Fax: 763/525-0070 [-mail: craig.gallop@musco.com PO Box 27231 Golden Valley, MN 55427 www.musco.com COOPERATIVE PURCHASE (partial Listing) City of Elk River City of Glenco City of Brooklyn Center City of Lake Elmo St. Francis School District White Bear Township City of Bloomington City of Rochester Redwood Falls School District City of Melrose Elk River School District City of Maple wood City ofRoseville Stewartville School District -80- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY l;-f-2 Fire MANAGER NO: APPROVAL ITEM: Rental Housing License BY: Gary Gorman By~d/ - Applications NO: DATE: June 20, 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 June 26, 2006. COUNCIL ACTION: -81- Occupany 1.0. 20247 30003 30032 30155 12209 20001 30043 30101 20093 20247 10190 20226 30005 20090 30059 20016 121 02 20127 12221 12085 12085 10075 30051 30060 30152 20059 20142 20144 20146 20152 20154 20156 30103 20017 20006 20024 20388 20390 20187 ,,~ 1'1'1/'1r\r\a L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Kerriville Holding LLC Columbia Village Ashraf LLC F.C. Celtic LLC. Luis Agudo Salman Ali Attn: Mark Jossart Haji Azam Meredith Bell Bruce Boe Charles Borrell Myrna Bourcy Michael Brown Mark Carlson Lester Chies Bryan Clem Cindy Cotton Christopher Decker William Field Carolyn Fisher Robert Fisher Wilson Guachichulca Bernard Gulland Paul Haines Paul Haines Dennis Hanson Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Mohamed Hassan Leo Jackels Marge Janson Marge Janson Marge Janson Marge Janson Mark Johanek -82- -1a.'1r\ Property Address 1739 37TH 167544TH 940 39TH 3849 CENTRAL 1319 CIRCLE TERRACE 1224 CIRCLE TERRACE 4200 3RD 4655 PIERCE 4616 Taylor 1739 37TH 4000 2ND 113240TH 4220 4TH 5019 JACKSON 4347 Tyler 3976 VAN BUREN 123537TH 3926 ULYSSES 4433 MAIN 3728 PIERCE 3728 PIERCE 4951 MADISON 97043 1/2 4225 CENTRAL 4229 CENTRAL 3807 VAN BUREN 5110 WASHINGTON 5146 WASHINGTON 5037 JACKSON 5140 WASHINGTON 5200 WASHINGTON 5116 WASHINGTON 4557 MADISON 1212 CIRCLE TERRACE 1236 CIRCLE TERRACE 1266 CIRCLE TERRACE 1242 CIRCLE TERRACE 1248 CIRCLE TERRACE 5000 4TH P ;::m P. 1 Occupany I.D. 20172 30099 12088 20347 12032 10018 20021 10080 30100 30077 20096 20098 30005 12072 20095 30161 "\~/,),)/')nna L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Steven Johnson Mujtaba Khan Dorn King Bryan Kingsriter Dan Krick Brian LeMon Mark Lewis Linnea Nordahl Robert Ostlund Catalina Peralta Mohmoud Rifai Mahmoud Rifai JoAnne Schaefer Sally Stark Larry Wakeman Myong Yi -83- -1a.')n Property Address 1214 CHEERY 1045 PETERS 4516 Taylor 4049 UNIVERSITY 4333 WASHINGTON 5140 7TH 1154 CHEERY 210641ST 3940 PETERS 4550 MADISON 1201 37th 113737TH 4220 4TH 4307 MADISON 4606 4TH 4546 Tyler D"."n~ 1'"\ CITY COUNCIL LETTER Meeting of: June 26, 2006 AGENDA SECTION: j-A-q ORIGINA TING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson () "" DATE: BY:d-1:i! NO: DATE: June 22,2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the June 26, 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 June 26, 2006 as presented. COUNCIL ACTION: -84- TO CITY COUNCIL June 26, 2006 * Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG Dunrite Concrete Inc. Cory's Oak Hill Tree Ser. *Patton Heating Sabre Heating *Master Gas Fitters *Doug Olson Plumbing Jesse Trebil Foundation Sys *NortWand Fire & Security 1104 W. River Rd, Champlin 706 W. 6th St., Monticello 25809 Virgo St, Stacy 3062 Ranchview Ln, Plymouth 2242 Jennifer Ln, No. St. Paul 931 44th Avenue NE, Co!. Hts. 700 Pleasant Ave, Atwater, MN 4445 W 77th St #125, Mpls -85- $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 5 ~/-\-{{) CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: J/;UItt 1-~r 2-Wto STATE OF MINNESOTA COuNTY 01" ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number .JJ l C; /2 in the amount of$ \,D~o,IU./Pt.. These checks have been examined and found to be legal charges against the CITY OF through III /Pi? /P COLUMBIA HEIGHTS, and are hereby, recommended for payment. -86- ACS FINANCIAL SYSTEM 06/23/2006 07:48:54 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ****************,,************************************************************** * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ****************~~************************************************************** Report Selection: Optional Report Title...... .06/26/06COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. . . . . . . . . . . . . . . . . . Source Codes....... ......... Journal Entry Dal:es. . . . . . . . . Journal Entry Ids........... Check Number................ proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . I lcher .................... 00 .eased Date............... ~!ared Date................ thru thru thru thru 117512 thru 117656 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 SYE:TEM 06/23/2006 07 BANK VENDOR Check History 06/26/06COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ARCH WIRELESS/METROCALL CHISAGO LAKES DISTRIBUTI CITY OF EDINA COSTCO FARNER-BOCKEN FSH COMMUNICATIONS, LLC GENUINE PARTS/NAPA AUTO JJ TAYLOR DIST OF MN KOENIG/AMY KUEHN/JEAN MOSER/AMY PETCo:'Y CASH - AMY JOHNSON PETCo:'Y CASH - LIZ BRAY RICOH BUSINESS SYSTEMS S & T OFFICE PRODUCTS IN SAM'S CLUB SARGENT/JEFF SHN1ROCK GROUP/ACE ICE STATE OF MINN-CPV PROGRA VERIZON WIRELESS WATER PARK OF AMERICA XCE]~ ENERGY (N S P) AARP ANOKA COUNTY LICENSE CEN BARON/JACKIE BEL]~BOY BAR SUPPLY BEL]~BOY CORPORATION BORNHORST/ASHA GENUINE PARTS/NAPA AUTO GRAPE BEGINNINGS INC GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KLOIBER, JOSEPH KORSUNSKY/PETE MIM~EAPOLIS FINANCE DEPT NEXTEL COMMUNICATIONS PETTY CASH - JOANNE BAKE PETTY CASH - KEITH WINDS PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL PYKA/JOAN QWEST COMMUNICATIONS RON SCHARA ENTERPRISES SHA~ROCK GROUP/ACE ICE VERIZON - ATTN: PREPAY D 00 00 117512 11 7513 117514 117515 11 7516 11 751 7 117518 117519 117520 11 7521 11 7522 11 7523 11 7524 11 7525 11 7526 117527 11 7528 117529 117530 117531 117532 117533 11 7534 11 7535 117536 117537 117538 117539 117540 117541 11 7542 11 7543 11 7544 117545 11 7546 11 754 7 117548 117549 11 7550 117551 11 7552 11 7553 117554 11 7555 11 7556 117557 11 7558 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 AMOUNT 267.27 27.23 3,043.18 616.00 55.37 7,564.82 58.58 103.87 8,029.85 30.00 61.72 74.52 100.00 56.65 29.16 104.23 98.94 11.13 1,119.32 500.00 170.43 271.31 1,094.85 150.00 3,994.23 100.00 3,062.22 3,412.15 226.99 309.61 479.75 65,123.27 12,886.20 29,019.02 1,541.74 50.00 77,507.81 358.27 96.03 300.00 37.28 168.70 49.00 237.18 500.00 314.80 60.00 ACS FINANCIAL SYSTEM 06/23/2006 07 BANK VENDOR Check History 06/26/06COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT WINDSCHITL/KEITH XCEI, ENERGY (N S P) A & STRAINING LLC ABLE HOSE & RUBBER INC ACE HARDWARE AERIAL MAINTENANCE OF MI ALLIED/BF! WASTE SYSTEMS AMERIPRIDE ANCOM COMMUNICATIONS INC ANOlCA CTY - CENTRAL COMM ASPHN MILLS, INC. ASTIJEFORD INTERNATIONAL BARNA GUZY & STEFFEN LTD BIFF'S,INC. BOA~:'ERS OUTLET INC BUIIJDING FASTENERS BURHAU OF CRIMINAL APPRE CEMSTONE CENTER POINT ENERGY CITY OF ST PAUL CLARK PRODUCTS INC CONTRACTORS & SURVEYORS COmmRTH, INC 00 CSC CREDIT SERVICES 1.0 DAHIJGREN SHARD LOW & UBAN DELEGARD TOOL CO. DIANOND VOGEL PAINTS DNR ENTERPRISES DRIVER'S LICENSE GUIDE C EMBEDDED SYSTEMS EMBROIDERY & MORE EMERGENCY APPARATUS MAIN FRATTALONE COMPANIES INC G & K SERVICES GENERAL REPAIR SERVICE, GLASS MASTERS, INC GOODIN CO. GROVE NURSERY HARBOR FREIGHT TOOLS HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP HOME DEPOT #2802 HOTSY EQUIPMENT OF MINN HUDSON MAPS INSTRUMENTAL RESEARCH IN IPC PRINTING J H LARSON ELECTRIC COMP 11 7559 11 7560 117561 11 7562 11 7563 11 7564 11 7565 11 7566 11 7567 11 7568 11 7569 117570 117571 117572 117573 117574 117575 117576 117577 117578 117579 117580 11 7581 11 7582 11 7583 117584 11 7585 11 7586 11 7587 117588 11 7589 117590 117591 11 7592 11 7593 117594 11 7595 11 7596 11 7597 117598 11 7599 11 7600 117601 11 7602 11 7603 11 7604 11 7605 AMOUNT 39.00 4,204.83 1,000.00 101.60 151.66 383.87 88,127.29 38.19 1,252.46 1,131.88 1,370.38 146.31 15,428.00 925.30 148.89 13.47 632.52 913 .54 92 .64 100.00 379.04 156.82 120.00 25.00 7,062.52 165.00 22.44 840.41 74.00 831.60 814.25 3,000.60 446,833.95 965.08 355.56 240.00 71. 05 361.14 42.59 624.30 204.00 73.51 86.67 330.10 160.00 88.40 370.41 ACS FINANCIAL SYSTEM 06/23/2006 07 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 06/26/06COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT LEAGUE OF MINNESOTA CITI LYNDE COMPANY MAGNEY CONSTRUCTION INC MARSHALL CONCRETE PRODUC MEDTOX LABORATORIES INC MENlffiDS CASHWAY LUMBER-F METRO FIRE, INC METROPOLITAN COUNCIL WAS MImlAY FORD MIDWEST ASPHALT CO. MIDWEST LOCK & SAFE MIillJEAPOLIS OXYGEN CO. MIillJEAPOLIS SAW CO. MN HIGHWAY SAFETY & RESE MN REC & PK ASSOC - MRP MURIJOWSKI PROPERTIES INC NAT::ONAL WATERWORKS, INC NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT ONE"CALL CONCEPT-GOPHER ONVOY PARK SUPPLY INC POS PAPER.COM PRErUUM WATERS INC PROSOURCE TECHNOLOGIES I R J MILLER PLUMBING & HE RAPIT PRINTING - NEW BRI REED BUSINESS INFORMATIO RET1\IL DATA SYSTEMS OF M RICOH BUSINESS SYSTEMS ROYAL TIRE RUFFRIDGE-JOHNSON EQUIP. SCHINDLER ELEVATOR CORP STANWAY EXCAVATING STAR TRIBUNE STREICHER'S GUN'S INC/DO SUBURBAN RATE AUTHORITY SUN PUBLICATION TKDA, INC TRUGREEN CHEMLAWN TWIN CITIES TRANSPORT & TWIN CITY AREA LABOR MGM UNIFORMS UNLIMITED INC VALPAK OF MINNEAPOLIS/ST VERIZON WIRELESS VIKING ELECTRIC SUPPLY \0 o 117606 117607 11 7608 117609 11 7610 11 7611 11 7612 117613 117614 117615 117616 11 761 7 11 7618 117619 11 7620 11 7621 11 7622 11 7623 117624 117625 11 7626 117627 11 7628 11 7629 117630 117631 11 7632 117633 11 7634 117635 11 7636 117637 117638 117639 117640 11 7641 11 7642 11 7643 11 7644 117645 117646 117647 117648 117649 117650 11 7651 11 7652 1,280.00 565.28 12,900.00 149.38 72.60 287.19 260.00 66,210.13 255.38 182,080.73 395.00 97.80 21. 28 628.00 520.00 15.00 262.89 291.60 5,229.15 1,105.11 432.75 59.99 50.28 316.50 36.88 4,114.90 575.67 142.44 758.96 90.00 274.45 505.40 232.00 343.98 639.00 39.12 1,041.58 800.00 664.21 217.36 187.45 106.50 300.00 356.69 800.00 37.39 86.31 ACS FINANCIAL SYSTEM 06/23/2006 07 BANK VENDOR Check History 06/26/06COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT VIKING INDUSTRIAL CENTER WEATHERAMA XCEI, ENERGY (N S P) ZEP MANUFACTURING COM PAN 11 7653 11 7654 11 7655 11 7656 100.45 88.62 75.74 52.55 1,090,126.64 *** \!) ...... ACS FINANCIAL SYSTEM 06/23/2006 07 BANK VENDOR REPORT TOTALS: \.D tv CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 06/26/06COUNCIL LISTING CHECK NUMBER AMOUNT 1,090,126.64 RECORDS PRINTED - 000658 ACS FINANCIAL SYSTEM 06/23/2006 07:48:57 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 265 401 410 411 415 420 601 602 603 604 609 651 652 701 77.0 DISBURSEMENTS TOTAL ALL FUNDS I.!) W GENERAL COMMUNITY DEVELOPMENT FUND STATE AID ~ffiINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP CAPITAL IMPROVEMENTS 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 WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE 47,215.52 359.20 662.97 7.48 1,105.05 981.24 219.00 600.38 7,062.52 790.97 630,909.65 414.38 93,804.13 68,675.45 88,178.15 969.94 136,936.20 45.19 154.83 5,108.85 59.99 598.94 1,161.09 4,105.52 1,090,126.64 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,090,126.64 1,090,126.64 CITY COUNCIL LETTER Meeting of: June 26,2006 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: loA ADMINISTRATION APPROVAL ITEM: SECOND READING OF PROPOSED CHANGES TO BY: CHARTER COMMISSION BY:v$-R J- THE CITY CHARTER,CHAPTER 2, SECTION 7 DATE: DAT ~ /7- ..'1-; PERTAINING TO FORM OF GOVERNMENT I NO: Throughout 2005, the Charter Commission has again studied the issue of dividing the city into wards/districts. In addition, they have discussed adding two councilmembers at large. An in- depth study was done comparing cities of like size via information received from the League of Minnesota Cities. After considerable discussion throughout 2005, the Charter Commission has passed, on two separate readings, proposed revisions to the City Charter to accomplish this. These charter changes were presented to the City Council at a work session on April 3, 2006. At the work session of April 3, 2006, the Charter Commission and the City Council met to discuss the proposed changes mentioned above. At that meeting, the City Council suggested that a transition/implementation schedule should be incorporated into the proposed ordinance to reflect all the changes proposed as well as how and when they would take place. Therefore, the Charter Commission met on April 20 and April 26, 2006, to discuss this suggestion and approve wording regarding a transition/implementation schedule. The Charter Commission concluded a transition/implementation schedule should be included, and they have held their two readings on the revised wording which is included on the attached ordinance. The City Council has the option of approving the proposed changes unanimously. If the City Council does not pass them unanimously, they can send it back to the Charter Commission. The Charter Commission then has 60 days in which to respond to any council action/suggested revisions, per Minnesota Statutes 410.12. The Charter Commission will then determine if they wish to pursue the changes or not, or to put this issue on the ballot at the next regular election. The City Council held a public hearing and first reading of the ordinance on June 12,2006, and scheduled the second reading of the ordinance for June 26, 2006. RECOMMENDED MOTION: Move to close the hearing and waive the reading of Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government", there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". I COUNCIL ACTION, -94- ORDINANCE NO. 1509 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 6, 7, 8, AND 9 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO "FORM OF GOVERNMENT" The City of Columbia Heights does ordain: Chapter 2, Sections 6, 7, 8, and 9, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified. The Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in a.11 agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal -'9 5 ~m, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Shall be amended to read: Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of the mayor, elected at-large, two councilmembers elected at-large, and four councilmembers, each of whom shall be elected from a separate ward as established or amended pursuant to this charter. The mayor and councilmembers shall be qualified electors. Each councilmember elected from a ward shall be a resident of the ward. However, the following circumstances shall not disqualify a councilmember from serving the remainder of a term: (i) a change in ward boundaries; or (ii) cessation as a resident of the ward from which elected, so long as the councilmember remains a resident of the City. Except as hereinafter provided, councilmembers shall serve for a term of four years and until a successor is elected and qualifies. The mayor shall serve for a term of two years and until a successor is elected and qualifies. The elections for the mayor and councilmembers shall be held as provided herein. Section 7a. WARDS. The City shall be divided into four separate wards. The boundaries of such wards shall be determined by ordinance based upon population as determined by the most recent federal census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made by the Council and the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. Section 7b. TRANSITION SCHEDULE. For the 2008 City election: (i) One (1) councilmember shall be elected from each of the four (4) Wards. (ii) No councilmembers shall be elected at-large. (iii) The Mayor shall be elected at-large. For the 2010 City election: (i) Two (2) councilmembers shall be elected at-large. (ii) The Mayor shall be elected at-large. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for n_ gn((;d of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -97- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~b APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:~,j3 Abatement DATE: June 19, 2006 DATE: NO: 2006- 79 v- Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Alan Wiggins regarding property at 4232 5th Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-79 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-79, a resolution of the City Council of the City of Columbia Heights declaring the property at 4232 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -98- RESOLUTION 2006-79 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 31, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on December 21, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 3 and January 18, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. . 3. That on February 13,2006, inspectors reinspected the property and found that part of the violations remained uncorrected. A seasonal extension was granted. 4. That on May 31, 2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 5. 6. That based upon said records ofthe Fire Department, the following conditions and violations of City Ordinance( s) were found to exist, to-wit: A. Shall have all landscaped areas ofthe property and all landscaping materials in place by May 31, 2006. B. Shall stain/seal/paint the bare wood trim on the garage by May 31, 2006. 7. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4232 5th Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; -99- 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 4232 5th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd.2 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -100- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: 6 ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: June 20,2006 DATE: NO: 2006-80 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Lidia Gladys Cumbe regarding property at 4636 Fillmore Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-80 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-80, a resolution of the City Council of the City of Columbia Heights declaring the property at 4636 Fillmore Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -101- RESOLUTION 2006-80 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 Lidia Gladys Cumbe and Olguer O. Ovillo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4636 Fillmore Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 18, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on April 1 0,2006, an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 18,2006, inspectors reinspected the property listed above. Inspectors noted the two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on June 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall install sod/seed/landscape material on the large dirt parking area in the rear of the property . You cannot park on unpaved areas, all parking areas must be hard surface, asphalt or concrete. 5. 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 4636 Fillmore 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 ofthis hearing, and any other hearings relevant to the abatement of violations on the property listed above. -102- 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 4636 Fillmore Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd.2 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -103- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY too Fire MANAGER NO: APPROVAL Adopt Resolution For BYwf/JZ/ .f ITEM: BY: Gary Gorman ;.... Revocation DATE: June 19,2006 DATE: NO: 2006-81 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Dale Boxrud regarding rental property at 1815 42nd A venue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-81, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-81, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Dale Boxrud regarding rental property at 1815 42nd Avenue NE. COUNCIL ACTION: -104- RESOLUTION 2006-81 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Dale Boxrud (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815 42nd Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 15,2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 15, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. On June 1, 2006 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to re-license the rental license for the property, failure to schedule a re-licensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7695 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; -105- 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting ofthis Order revoking the license as held by License Holder. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -106- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: roE Adopt Resolution For Revocation BY: Gary Gorman DATE: June 19,2006 DATE: NO: 2006-82 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Gary Anderson regarding rental property at 4630 Taylor Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-82, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-82, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Gary Anderson regarding rental property at 4630 Taylor Street NE. COUNCIL ACTION: -107- RESOLUTION 2006-82 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Gary Anderson (Hereinafter "Licenre Holder"). Whereas, license holder is the legal owner of the real property located at 4630 Taylor Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 29,2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted that four violations remained uncorrected. A compliance order was mailed by certified mail to the owner listed on the rental housing license application. 3. That on January 17, 2006, office staff granted a seasonal extension for the two remaining violations, until June 1, 2006. 4. That on June 1, 2006, inspectors reinspected the property and noted that two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 5. That on June 21, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall remove the dead tree (tree stump) in the back yard...HOLE IS STILL IN THE YARD - SEVERAL SMALL TREE STUMPS REMAIN. b. Shall sod/seed/landscape all/any bare areas on the property. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). -108- ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7918 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -109- CITY COUNCIL LETTER Meeting of June 26, 2006 AGENDA SECTION: Resolutions NO: ITEM: &F ORIGINATING DEPARTMENT: Fire Adopt Resolution For Revocation BY: Gary Gorman DATE: June 19,2006 DATE: NO: 2006-83 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Richard Meissner regarding rental property at 4643 Pierce Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-83, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-83, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Richard Meissner regarding rental property at 4643 Pierce Street NE. COUNCIL ACTION: -110- RESOLUTION 2006-83 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Richard Meissner (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 Pierce Place NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 9, 2006 of an public hearing to be held on May 31, 2006. A reminder notice was mailed by certified mail to all interested parties on June 22, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted sixteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 29, 2005, inspectors for the City of Columbia Heights, granted a thirty day extension for the violations. 3. That on August31, 2005, inspectors for the City of Columbia Heights, inspected the property and noted that eleven violations remained uncorrected. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on September 19, 2005 and on October 12, 2005, inspectors inspected and granted an extension for the nine violations that remained uncorrected. 5. That on November 2,2005, office staff granted a seasonal extension for the three remaining violations, until May 31, 2006. 6. That on May 31, 2006, inspectors reinspected the property and noted that two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 7. That on June 21, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 8. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall replace the rusted gutters. b. Shall replace the rotted fascia boards around the building. -111- 9. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7731 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -112- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: June 26,2006 ITEM: Case No. 2006-0602 Minor Subdivision located at 4100 Reservoir Blvd. BY: Jeff Sargent, City Planner DATE: June 22, 2006 CITY MANAGER'S APPROV AL BY: t/EI;tk, AGENDA SECTION: Items for Consideration NO: 7 - A - I ORIGINATING DEPARTMENT: Community Development BACKGROUND: At the June 12,2006 City Council meeting, Mr. Shad requested a minor subdivision with two variances. The first variance was a 598 square foot area variance for one of the newly created parcels. The second was a 5-foot rear yard setback variance for the existing structure located on Parcel A. At this time, Mr. Shad has amended his lot-split proposal and has eliminated both of the variance requests in the process. The new proposed lot split would create two new parcels, Parcel A and Parcel B. The minimum lot dimension standards for the R-l District are as follows: Lot Area: Lot Width: 8,400 square feet 70 feet. When the proposed lot-split is complete, Parcel A will have a lot area of8,402 square feet and a lot width of approximately 78 feet. Parcel B will have a lot area of 9,852 square feet with a lot width of approximately 70.5 feet. The proposed dimensions for both parcels will meet the minimum City Code requirements. The existing house on Parcel A also meets all setback requirements imposed by the City Code. The required park dedication for a subdivision is determined by taking 10% of the estimated market value of the newly created, undeveloped land. Anoka County records indicate that the estimated market value of the undeveloped land for Parcel B would be $48,891.50. Therefore, the park dedication fee for Parcel B will be $4,889.15, to be paid upon final approval of the lot split. RECOMMENDATION: The Planning Commission held a public hearing on June 6, 2006 and recommended that the City Council approve the minor subdivision, with a 4-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-68, there being ample copies available to the public. Move to approve Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. A h R I . ]I, 2006 68 PI R ttac ments: eso utlOn o. - , anmnf;!. eport, Application Materials COUNCIL ACTION: -113- RESOLUTION NO. 2006-68 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR RlAZ SHAD WHEREAS, a proposal (Case No. 2006-0602) has been submitted by Riaz Shad to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1400 Reservoir Boulevard EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision ofland does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the S9.114. -114- Resolution No. 2006-68 Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of$4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additiona15-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -115- ql'o <1~~ ~~<Y ~ ~ z co r:.:l :::> z r:.:l > -< .'),....z -116- ",.r."., : ..,-...., , ", . 'J"'."" '. CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0602 DATE: May 19, 2006 TO: Columbia Heights Planning Commission APPLICANT: Riaz Shad LOCATION: 4100 Reservoir Boulevard REQUEST: Lot Split and Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Mr. Shad is requesting a minor subdivision (lot split) to create two lots (Parcel A and B), located at 4100 Reservoir Boulevard. In association with the lot split, the applicant is also requesting two variances. The first is a 598 square foot area variance for Parcel A per Zoning Code Section 9.109 (C). The second is a 5-foot rear yard setback variance for the existing house located on Parcel A per Zoning Code Section 9.109 (C). PLANNING CONSIDERA liONS Consistency with Comprehensive Plan The Comprehensive Plan guides this area for Low Density Residential. The property is zoned R-1, Single Family Residential and is currently being used as a single-family house. The request will create a new parcel for a single-family house, and is consistent with the Comprehensive Plan for this reason. Consistency with Zoning Ordinance The property at 4100 Reservoir Boulevard is zoned R-1, Single Family Residential. The properties to the north, south and east are also zoned R-1. The properties to the west are zoned R-2A, One and Two Family Residential. The proposed lot split is required to meet the minimum lot area, lot width and setback regulations as outlined below: Lot Size. The rninimum lot size in the R-1 District is 8,400 square feet in areR The proposed lot split will create two separate lots, Parcel A and Parcel B. The proposed Parcel A will have a lot area of 7,802 square feet, which is less than what the Zoning Code requires. For this reason, a 598 square foot area variance is required. Proposed -117- City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 Parcel B will have a lot area of 10,452 square feet, meeting the minimum lot area standards. Lot Width. The minimum lot width in the R-1 District is 70 feet. Parcel A will have a proposed lot width of 89.86 feet and Parcel A will have a proposed lot width of 70.00 feet. Both of these widths meet the minimum lot width standard for the district. Setbacks. The minimum setbacks in the R-1 District are as follows: Front yard: Side Yard: Corner Side Yard: Rear Yard: 25 feet 7 feet 12 feet 20% of lot depth At this time, there are no house plans for Parcel B, however an existing single-family home is located on Parcel A. When the lot split is complete, the orientation of the lot will remain the same, with the front yard abutting Reservoir Boulevard, and the corner side yard abutting 41 st Avenue. The lot split, however, will cause the house to become non- conforming for setback purposes. The existing house will have the following setbacks when the lot split is complete: Front Yard: Side Yard: Corner Side Yard: Rear Yard: 30.5 feet 15.3 feet 16.1 feet 10.25 (requires a 5-foot variance) The rear yard setback is determined by taking 20% of the average lot depth. In this case, the average lot depth is 76.21 feet. 20% of the average lot depth would yield a rear yard setback requirement of 15.24 feet. Park Dedication. The required park dedication for a subdivision is determined by taking 10% of the estimated market value of the newly created, undeveloped land. Anoka County records indicate that the estimated market value of the undeveloped land for Parcel B would be $48,891.50. Therefore, the park dedication fee for Parcel B will be $4,889.15, to be paid upon final approval of the lot split. FINDINGS OF FACT (minor subdivision) Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two new parcels. b) The proposed subdivision of land does not involve the vacation of existing easements. -118- Page 2 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 No existing easements will be vacated as a result of this subdivision. The applicant will be required to dedicate an addition 5 feet to the existing 10-foot drainage and utility easement located on the western lot line of Parcel B, in order to create a 15-foot drainage and utility easement. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. Parcel B will not conform to the lot area requirements established for the district. For this reason, a 598 square foot area variance is requested to meet the minimum standards. The lot area on Parcel A conforms to code. All lot widths for resulting parcels will meet the city's minimum standards as well. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided. f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. FINDINGS OF FACT (variances) Section 9.104 (G) of the Zoning Ordinance outlines 5 required findings that must be met in order for the City to grant a minor subdivision (lot split). Response (1) will be for the 598 square foot lot area variance and response (2) will be for the 5-foot rear yard setback variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. (1) The property in its current state ;s 18,254 square feet in area. If the property were to be split evenly, the resulting parcels would be 9, 127 square feet each. The property's hardship lies in the fact that it is oddly shaped, and triangular. There is no way for the applicant to be able to -119- Page 3 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 split the property while maintaining both a 70-foot lot width and a minimum of 8,400 square feet in area. If the property were a petiect rectangle, the applicant would not need a variance for lot area when splitting the property. (2) In order for the applicant to maintain a 70-foot lot width for Parcel B, the new proposed lot line was placed 10.25 feet from the existing house on Parcel A. The required rear yard setback for the existing house on Parcel A is 15.2 feet. For this reason, a 5-foot rear yard setback variance is required. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (1) There is one other similarly shaped parcel along Reservoir Boulevard. The stated hardship is therefore unique to the property. (2) The applicant would like to split a piece of property already containing a house. Given the sizes of the parcels in the City of Columbia Heights, it is rare to find a parcel of land large enough to subdivide, which has an existing house on it. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (1) The hardship is caused by the irregular shaped lot" created at the time of the initial platting of the area. (2) The house was placed on the property prior to the applicant having legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. (1) The granting of the variance is in harmony with the comprehensive plan for both of the requested variances because of the property's low density status. e) The granting of the variance will not be materially detrimental to the public 'vve!fare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. -120- Page 4 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 (1) The applicant owns the existing house on the subject parcel of land and is creating a new parcel that meets City Code for lot area and lot width. Because the variances themselves are minor in nature and the property will remain low density, the request is a negligible departure from the ordinance. (2) The new house to be located on Parcel B could be placed in a location consistent with all the other houses in respect to neighboring houses. For this reason, the granting of the variance would not be injurious. RECOMMENDATION City Staff recommends the Planning Commission recommend that the City Council approve the lot split with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional 5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. City Staff recommends the Planning Commission recommend that the City Council approve the 598 square foot area variance for Parcel A and the 5-foot rear yard setback variance for Parcel A with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Attachments: Draft Resolutions, Location Map, Property survey, Applicant narrative. -121- Page 5 4100 Reservoir Boulevard ... ..... ... ... ... ... ... ... ... ... .l>- I\.) IJ.J 4241 4240 I\.) I\.) I\.) I\.) IJ.J ~ w ~ w w w ~ 01 .I>- ~ 0 ... I\.) ... I\.) w w 0 .....I I\.) 01 ... -..j 0.. 4247 w -..j <0 01 ... -.,j w () 4235 4234 01 :2 .I>- ..... ... ... ... ... ... ... ... ... ... IJ.J I\.) I\.) I\.) I\.) w w w w w W .I>- ... ... 0 ..... ... I\.) 0 ... ... ... I\.) w 0 .I>- .I>- 0::: -.,j 0 en 0 0:> I\.) en 0> I\.) .l>- I\.) w .I>- en .I>- 0 :2 .I>- ..... ... ... ... ... ... ... ... ... ... ... ... .....I ... ... I\.) I\.) I\.) I\.) I\.) w ~ ~ w w w ~ .I>- .I>- .I>- .....I 0 ..... I\.) I\.) w 0 I\.) w ~ I\.) w w w w ... 01 W -..j 01 <0 01 ... <0 <0 W 01 LL ... ... ... ... w W .I>- ~ ~ W .I>- 0 0 0 0 0 Ol ... ... ... .I>- .I>- ~ 0 0 01 ... -.,j BLVO LABELLE 50 POND 398 3979 397 3975 397 w~~ ..~ s Location Map -122- Riaz Shad 4100 Reservoir Blvd. Columbia Heights, MN 55421 Date: 05-08-2006 City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Subject: MINOR SUBDIVISION/ VARIANCE: Dear City Planner, I am fee owner of the property located at 4100 Reservoir Boulevard NE Columbia Heights. The property is presently built in two lots 46 & 47, Block 4. It is big hardship for me to change the structure of the property to build another structure on the said lot. I am planning to build another structure on the said property in near future. I am requesting to the city to grant me the Subdivision and Variance so that I can use the lot for another structure according to the state and city codes. Thanks a lot, . (7 C;~ Riaz Shad -123- \. ( .~. i ,..-:.. '\ ; I '\~ _~J 1.'.~ / ,?7 I). r-J/,. ~ ~./5f~r-~~ ///~ - _ -:2 ' .. 4l., .. r -' .-t ~~ib-~ .IW..Q~i0d~"V~fl-~./J&;~3qy",! ~ A_~" . ~.' ~i ;jl'~ JV. / jJ!>.J . -'r~7"?Lc&~~' iQ~~~~ d~~.~f!PJO L~~-,Q'kd7~ _/1,,' . J.~ . 4 j.~ ""'-.... ~ ~~~-..>J~~41b(:JJb..~-'CL -J-t&I'€ff.L~~~ _. ~- ~/4M-~~' 6l~~: _ I j!L-A- ~ ~~#~ !Li:U1.d!1$1YEP.r- L2~- l..lb-k~~~w--~~~i"L;;;t-~~I/t!!1:T-;;t/~-- I ~ /._ I",L_ . ./ /J/) -1~Q'1ft'7~~~ ~~.~. ~~~~ ~'~~~~~~~ ~ / ' ?? - J,.. ~A '" -I ~~ a~~:M~~.~./f-L,~"- j~ /~ I r. ....,;1,~. ~ ~ -~~ I~~-, '.~ I fl~-~.s-~'/J ///;P~I!-d~:k . r~ . ~--'~~/" I~~?~~~~' I / . I ~~J . / ~d;r-- .-, .--J t' I. -: f ) ( I I - j .....-. '""\ -' "\ ..-.J ---; I .:l .-'- i ! i I . I ; ! -124-. RESOLUTION NO. 2006-78 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS WHEREAS a cooperative purchasing program is available in the State of Minnesota for athletic field lighting and is administered through the City of Rogers and WHEREAS the Park and Recreation Commission passed a unanimous motion to recommend installation of athletic field lighting at Prestemon Park and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Columbia Heights that the Mayor and City Manager are authorized to enter into a J oint Power Agreement pursuant to Minnesota Statutes Section 471.59 for bidding of various athletic field lighting within the State of Minnesota Dated this 26th day of June, 2006 Offered by: Seconded by: Roll Call: Mayor, Gary Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary