Loading...
HomeMy WebLinkAboutFebruary 26, 2007 Regular CITY OF COLUMBIA HEIGHTS Mav!!! Gan'L. Petersol/ Im;nrilmpmhf>r Robert iI. Williams BrtJce Nawrocki Tammera EricsJIl Brr/ce Kelzenberg City Manager Waller R. Fells! 59040" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Visit our website at: wlI'II'.ci.colulIlbia-heif{hts.mn./ls The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 26,2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALLIINVOCA TION Invocation by Rev. Ken Ribe, Church of All Nations 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSIDELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 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 February 12. 2007 regular City Council meeting MOTION: Move to approve the minutes of the February 12,2007 regular City Council meeting as presented. P4 2) Accept Boards and Commissions Meeting Minutes Accept: Minutes Telecommunications Commission meeting of February 15,2007. P24 3) Approve cancellation of March 5. 2007 work session P28 MOTION: Move to cancel the March 5, 2007 work session, as there would not be a quorum present. 4) Authorize County expenses P29 MOTION: Move to authorize payment of$20,413.92 to Anoka County for administering the 2006 Tax Increment Financing Laws of Mil me sot a, Truth in Taxation, and special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. City Council Agenda February 26, 2007 Page 2 of 3 5) Approve Contract with ProSource for the completion of supplemental investigation and environmental clean up in Phase III ofthe Industrial Park. MOTION: Move to approve the contract with ProSource Technologies Inc. for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park. Funding will come from the Minnesota Department of Employment and Economic Development as outlined in the grant; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. P32 6) Approve the items listed for rental housing license applications for February 26.2007 MOTION: Move to approve the items listed for rental housing license applications for February 26, 2007. P39 7) Approve reissue of rental housing license for 4341 Tyler Place as it complies with City Code MOTION: Move to issue a rental-housing license to Bo Phalgoo to operate the rental property located at 4341 Tyler Place N.E. in that the provisions of the residential maintenance code have been complied with. P41 8) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 26,2007 as presented. P42 9) 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 120478 through 120617 in the amount of$777,568.99. P44 6. PUBLIC HEARINGS A) Adopt Resolution No. 2007- being a Resolution for abatement of violations at 4806 Monroe Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-29, there being ample copies available to the public. P51 MOTION: Move to adopt Resolution No. 2007-29, a resolution of the City Council of the City of Columbia Heights declaring the property at 4806 Monroe Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business- 1) Adopt Resolution No. 2007-30. accepting Feasibility Report for Zone 2 and 3 Street Rehabilitation, P54 and call for Public Improvement Hearing March 19.2007 at 6: 15 p.m. MOTION: Move to waive the reading of Resolution No. 2007-30, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-30, which accepts the Feasibility Report for Zone 2 and 3 Street Rehabilitation, City Project No. 0702 and calling for the Public Improvement Hearing beginning at 6:15 p.m. on March 19,2007. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney - 2 - City Council Agenda February 26, 2007 Page 3 of3 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state hislher name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT (!tl1/~~r c~/ 1/;7, If.. .c.1,/1 / kP- .. Walter R. F ehst, (City Manager WF /pvm - 3 - OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 12,2007 b-A - I THESE MINUTES HAVE . NOT BEEN APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 12,2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dan Thompson, Columbia Heights Assembly of God Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to discuss setting a joint Council work session with the City of Fridley regarding WiFi. Peterson placed this as item 7D, Other Items For Consideration. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations - Public Works Project of the Year Award Peterson stated that Columbia Heights was honored with the Public Works Project of the Year award. Kathy Young, Assistant City Engineer, stated that the City Engineers Association solicits for projects that are "above and beyond" and they selected Huset Parkway. She presented the list of project partners, indicating that it takes many people to complete such a project. Fehst reported on the staff project presentation. He stated this project also won a Developers and Contractors award. The completion speed of the project was highlighted. Peterson spoke ofthe event and of his pride in the minimal impact this large project had on our community. Nawrocki stated his opinion that more was done on this project than was needed, such as replacing a very functional street. Fehst indicated that the project occurred with Pay-As-You-Go TIF financing, where the Council is not at risk, like in the past with the office building that failed and the taxes were lowered to one-third and still failed. This will increase the assessed marked value of the city by 13 percent. Williams stated that the area was a polluted junk yard and as a city we have really moved forward. He stated his great pride in this area. Nawrocki referred to the Fratallone contract overruns. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. 1) Approve City Council Meeting Minutes for January 22, 2007 regular City Council meeting Nawrocki stated the estimated cost for Councilmembers to attend NLC conference was $1,800. Motion to approve the minutes of the January 22,2007 regular City Council meeting as corrected. 2) Accept Boards and Commissions Meeting Minutes Accept: HRA meeting minutes of October 24, 2006 Accept: EDA meeting minutes of November 28,2006 Accept: EDA special meeting minutes of December 20, 2006 4 - City Council Minutes February 12, 2007 Page 2 of 20 Accept: EDA special meeting minutes of January 8,2007 Accept: Telecommunications Commission minutes of January 18,2007 3) Authorize Architectural Services for Design and Construction Management of Liquor Stores - removed Fehst stated that the Council met Jeff Oertel, Oertel Architects, at the work session. Five RFP were sent out. This firm had the lowest bid received and best background. Diehm removed the item to allow a presentation from Mr. Oertel. 4) Establish 2007 calendar for Work Session meetings - removed 5) Establish the Local Board of Review meeting for Monday. Apri19. 2007. at 6:00 p.m. Nawrocki expressed concern that one hour may not be long enough. Peterson stated that all review items would be completed before the Council meeting would begin. Motion to establish the date for the Local Board of Review meeting for Monday, April 9, 2007, at 6:00 p.m. in the City Council Chambers. 6) Adopt Resolution No. 2007-20. being a Resolution canceling the Monday. March 12, 2007 City of Columbia Heights regular City Council meeting. Fehst stated that three Council members will be in Washington D.C. on this date attending the National League of Cities conference. Motion to waive the reading of Resolution No. 2007-20, there being arnplecopies available to the public. Motion to adopt Resolution 2007-20, being a Resolution canceling the Monday, March 12, 2007 City of Columbia Heights regular City Council meeting. RESOLUTION NO. 2007-20 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MARCH 12,2007 WHEREAS: The City of Columbia Heights City Council will not have a quorum available for the regularly scheduled Monday, March 12,2007 City Council meeting and; WHEREAS: The City Council has agreed to cancel the regular City Council meeting scheduled for Monday, March 12, 2007; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. 7) Appointment to the Economic Development Authority - removed 8) Approve raffle. Little Voyageurs' Montessori School. St. Timothy's Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 27, 2007; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. - 5 - City Council Minutes February 12,2007 Page 3 of 20 9). Authorize purchase of two replacement police vehicles Nawrocki questioned what would happen to the replaced vehicles. Fehst stated that if usable, they are moved to other departments. Motion to authorize the purchase of two 2007 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to comer from 431-42100 5150 in the amount of $41 ,460, and to authorize the Mayor and City Manager to enter into a contract for the same. 10) Authorize the capital equipment replacement of Rescue 3,2001 Ford Expedition - removed 11) Contract Addendum for Engineering Inspection Services Nawrocki stated this is $27,000 over the Huset Parkway estimate. Fehst again referred to the Pay- As- You-Go TIF. Funds will be replaced by taxes paid. Ryland Company indicates this is their fastest growing project in the country. Nawrocki stated that TIF does not support police, fire, and local government services. Fehst stated that taxes on this 30 acre parcel will be up to 50 times greater than past taxes received. Nawrocki stated that now the city wants to extend the TIF district on Central A venue for purposes other than city services. Williams stated that we receive a ten percent TIF administrative fee. Motion to authorize Contract Addendum No.1 for additional Engineering Inspection Services added by the City to Bolten and Menk, Inc. in the amount of$27,411.50 with funding out of State Aid and Huset Parkway Phase II Development Agreement. 12) Final Payment for Huset Parkway Proiect Motion to accept the Engineer's Report of Final Acceptance for the Huset Parkway Project, City Project #0404; and, authorize Final Payment of $97,609.83 to Frattalone Companies ofSt. Paul, Minnesota. 13) Approve the items listed for rental housing license applications for February 12. 2007 Motion to approve the items listed for rental housing license applications for February 12, 2007. 14) Approve reissue of rental housing license for 564 Huset Parkway NE. as it complies with City Code Motion to issue a rental-housing license to Robert Machel to operate the rental property located at 564 Huset Parkway N.E. in that the provisions of the residential maintenance code have been complied with. 15) Approve reissue of rental housing license for 3911 Van Buren Street N.E. as it complies with City Code Motion to issue a rental-housing license to Sviti ana Moore to operate the rental property located at 3911 Van Buren Street N.E. in that the provisions of the residential maintenance code have been complied with. 16) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 12,2007 as presented. 17) 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 120237 through 120477 in the amount of $3,372,995.81. - 6 - City Council Minutes February 12,2007 Page 4 of 20 Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items as presented, with the exception of items number 3,4, 7, and 10. Upon vote: All ayes. Motion carried. Items removed for discussion 3) Authorize Architectural Services for Design and Construction Management of Liquor Stores Peterson introduced Jeff Oertel, principal of Oertel Architects. Fehst corrected any misunderstanding by stating that we are not adding liquor stores, but are building to supplant two we currently rent. F ehst listed rental per square foot ratios and anticipated increases at the Central A venue store and the 37th Avenue store. He indicated that the Council has considered possible locations since 2000. It has not been determined if the University Avenue liquor store would close. He stated that the Council approved the land purchase on 50th and Central and then the site on 37th became available for the raw land price. We are building two stores to replace leasing costs of over $220,000 a year. Fehst stated that the recommendation is to design both buildings for the sum of$191,000. One store alone would be $125,000. Jeff Oertel indicated his excitement to establish a brand for the stores, work closely with staff, and share designs with the City Council. He indicated that Diane, a staff member, has 25 years of commercial experience such as this. Oertel stated that he would be happy to answer any questions. Diehm stated that one of the concerns she raised was the hope to set the standard for Central Avenue and the Apache area. This is a chance to redevelop areas that needs help. She stated understanding that the future of the liquor business is undeterminable, and that the plan is to build for other possible uses if necessary. Diehm stated that being in the liquor business has been voted on and approved by our residents twice. It generates revenue. She reassured residents that we are not moving forward blindly. Our Liquor Department and Community Development Department will be involved and will look to build something we are proud of: Nawrocki stated his support for the store on 371\ but has concerns with our future in the liquor business referring to reductions in profits especially with the stores on Central and University. He stated surprise that the 2006 reports are not yet available. He stated his concern that this company has retail experience but no experience in designing liquor stores. There are special problems with the Central Avenue site such as property elevations and how deliveries would be received. Nawrocki stated disappointed that there was not a general bid solicitation and that Council did not get to talk to each firm to pick their brains and get information. The process has been flawed. He stated that we should not include the Central Avenue store. Diehm clarified that MOM Liquor is not in Columbia Heights and is not our store. Fehst stated that he has sent a letter to the local papers to clarify the situation. We have been unable to determine the validity of the published negative Letter to the Editor. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with Oertel Architects for architectural and construction management services based on their proposal at a cost of $190,000. Motion by Nawrocki to amend to delete the store on Central Avenue from the contract. Peterson called for a second to the motion. Diehm stated that we are getting an excellent value designing both buildings at same time, being fiscally responsible, and doing more with less and less. - 7 - City Council Minutes February 12, 2007 Page 5 of 20 Nawrocki indicated that the architect's overall cost is only five percent and that most architects work at about double that cost. He questioned what we are or are not getting. There is an on going effort in the Legislature to allow beer and wine sales in grocery stores. That would be a deterrent to profitability. The amendment died for lack of a second. Upon vote: All ayes. Motion carried. 4. Establish 2007 calendar for Work Session meetings Nawrocki stated that the earlier time on the third Monday helps him. The calendar handed out makes the dates and times easier to see. He questioned if there would be any conflict with Board and Commission meetings. Diehm stated that the only conflict might be the Traffic Commission. Young explained that their meeting begins at 6:00 p.m. and one hour is normally sufficient. Fehst listed work session items for February 21: community center study and presentation (the School Board has been invited), Board and Commission reappointments and information on the road project feasibility report. Nawrocki stated that he would be unavailable for the meetings on the first and second Mondays in March. Peterson indicated his understanding that not everyone will be able to attend every meeting, but this tries to accommodate members and allows a full year calendar to work around. Nawrocki stated that the community center would be discussed at the next work session. He has concerns on the way it is going. Placing gyms at the High School has not received the same attention as the other sites. He referred to building costs and lack of discussion on operating costs. Nawrocki stated concern that this might not go to a vote of the residents. Motion by Williams, second by Kelzenberg, to accept the 2007 Work Session calendar as proposed. Upon vote: All ayes. Motion carried. 7. Appointment to the Economic Development Authority - removed Peterson indicated there was one applicant, which Council members interviewed. This is a mayor's appointment. His choice is to appoint the applicant, Marlaine Szurek. Nawrocki stated that she is already on the Planning and Zoning Commission and we should have as much input from as many citizens as we can. Motion by Kelzenberg, second by Diehm, to appoint Marlaine Szurek to the Economic Development Authority for the tem1 to expire January 8, 2009. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. 18) Authorize the capital equipment replacement of Rescue 3, 200 1 Ford Expedition Gorman stated this would replace the Ford Expedition, which would then be used as the chief's vehicle. The current chief's car would be used for daily inspection as this function puts on many miles. The Department would also like to remove the 1977 pumper truck from the fleet. He stated - 8 - City Council Minutes February 12, 2007 Page 6 of 20 that an ISO update could reduce us from a four to three. The requested truck would be a one ton because of all the equipment it would carry. The purchase would be from the state contract. Nawrocki stated he inspected the vehicle and there is good life left in it. He questioned if the ISO would permit the pumper truck elimination. We need to get more life out of the equipment that we have. Peterson asked for confirmation that the Chief would use the Expedition. Gorman stated yes and his 91,000 mile vehicle would be used for inspections and abatements. This would extend the life of the Expedition. Peterson indicated that the idling hours are high and very hard on vehicles. Williams questioned if this purchase was in the budget for this year. Gorman stated that it was. Motion by Williams, second by Kelzenberg, to authorize the purchase of one (1) new Ford F350 4x4 super duty super cab pickup truck from Elk River Ford in the amount of$22,689; and an eight foot fiberglass utility box from Truck Utilities Inc. in the amount of $10,150; and a graphics package from Advance Graphix Inc. in then amount of $450; and emergency lights and electrical work from Emergency Automotive Technologies in the amount of $1 0, 1 00; and mounting brackets for equipment from Fire Equipment Specialties in the amount of$1,500. Funding shall be from the Fire Capital Equipment fund 439-42200-5150. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Adopt Resolution 2007-18 regarding maximum permitted basic programming service rates and adopt Resolution 2007-19. regarding the maximum permitted equipment and installation rates. Fehst stated that Steve Guzzetta, our Cable Attomey, would describe the resolution requests and indicated that their firm is negotiating a new cable contract. Steve Guzzetta, Bradley and Guzzetta, stated his firm represents the City on cable and telecommunications items. On an annual basis Comcast files forms 1240 and 1205, to calculate basic rates. The company decides what determines the basic tier and the equipment includes such things as converter boxes, installation costs, etc. Guzzetta stated that the proposed rates were filed in March of 2006. In the past, the City Council has performed a detailed review of the rates to be sure they comply with FCC regulations. These rates were not reviewed in that manner. Guzzetta stated that the options for Council are: A) do nothing and allow the rates to go through by default, or B) perform no review and issue rate orders preserving the City's rights to the extent possible. The proposed resolutions preserve the City's rights. FCC rules require this be a public hearing. Mayor Peterson asked if there was anyone present wishing to speak on this topic. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2007 -18, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-18, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1,2006. Upon vote: All ayes. Motion carried. - 9 - City Council Minutes February 12,2007 Page 7 of 20 RESOLUTION NO. 2007-18 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1,2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.c. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2006, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2006 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2006 FCC Form 1240, is neither approved nor denied. but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2006 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly permitted under applicable-law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a fmding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2006 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2006 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Com cast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C,F.R. * 76.936(b). Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2007-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-19, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications - 10 - City Council Minutes February J 2, 2007 Page 8 of 20 Commission Form 1205 filed by Comcast on or about March 1,2006. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-19 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMM. FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1,2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.c. ~ 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2006 FCC Form 1205"), on or about March 1, 2006, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2006 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2006 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. ~ 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a rmding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2006 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. S 76.936(b). Nawrocki stated that it does not look like rates are going up, but standard service is going up by six to eight percent and they do this yearly. Guzzetta stated that is above the control ofthe city, and unregulated rates will be going up. 11 - City Council Minutes February 12,2007 Page 9 of 20 B) Adopt Resolution No. 2007-22 adopting the assessment levy for 233 42nd Avenue. for the 2006 Street Rehabilitation Proiect Peterson stated this assessment hearing was previously delayed, as the owner was out of town. Young stated that staff spoke to the owner, explaining the assessment and cost. The owner is in agreement and will not be in attendance tonight. Motion by Williams, second by Kelzenberg, to close the Public Hearing and waive the reading of Resolution No. 2007-22, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by William, second by Kelzenberg, to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233 42nd A venue as part of the Street Rehabilitation Project. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-22 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 233 42nd AVENUE PROJECT NO. 0502, ZONE 7B STREET REHABILITATION Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2006-Z7-44-002, Mill and Overlay on 42nd Avenue, 2nd Street to 3rd Street, specifically 233 42nd Avenue, in Project 0502 - Zone 7B. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 12th day of February, 2007, in the City Council Chamber, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" 2006-Z7-44-002, Project 0502. Section 2: That this Council hereby finds and determines that each of the parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the an10unt set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before March 14th, 2007. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2008. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years as designated on the assessment roll. Section 4: That this Council did hereby determine and re-detennine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Lrnprovement numbered 2006-Z7-44-002, Project 0502. C) Second reading to Adopt Ordinance No. 1521. Rezoning ofa Portion of the Property at Lot 124A, Block 1. Huset Park from MXD to R-2A. - 12 - City Council Minutes February 12, 2007 Page 10 of20 Jeff Sargent, City Planner, stated items C and D are the same case. This is the second reading to rezone a 15 foot portion oflot 124A and part ofa minor subdivision to correct encroachment. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1521, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1, Huset Park. Upon vote: All ayes. Motion carried. ORDINANCE 1521 BEING AN ORDINANCE PERTAINING TO THE REZONING OF THE PROPERTY LOCATED AT LOT 124A, BLOCK 1, HUSET PARK SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Industrial Park site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development zoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R-2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. D) Adopt Resolution No. 2007-21. being a Resolution approving a minor subdivision located at Lot 124A. Block 1. Huset Park. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block 1, Huset Park, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. Nawrocki stated his understanding that 5th Street and Guavitte were only blocked off for reconstruction, but has now been told it is pennanent. Peterson indicated his understanding that these streets would be pennanently blocked off. Sargent explained that some maps can take up to six months or longer to show new information. The approved plats show the vacation ofthe street. Nawrocki referred to the old K- mart project screening, which is now a mound that will allow water ponding. There is a drop on the west side ofthe roadway that was supposed to have a guardrail. Someone keeps making changes that we are not told about. Peterson stated that a guardrail could be placed for public safety. E) Second reading to Adopt Ordinance No. ] 520. being an ordinance amending Chapter 8. Article I of the City Code of the City of Columbia Heights pertaining to public nuisances. - 13 - City Council Minutes February 12, 2007 Page II of20 Fire Chief Gary Gorman stated this adds graffiti to the public nuisance ordinance and eliminates the requirement of certified registered mail for abatements, which is costly and ineffective for our department. Nawrocki questioned the requirement to remove graffiti in two days. Minor offenders doing community service cleaned up graffiti. Fehst stated that we would continue to have community service workers do this on public property. Literature states the importance of immediate cleanup so groups are not marking their territory. Motion by Williams, second by Kelzenberg, to close the Public Hearing and waive the reading of Ordinance No. 1520, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Ordinance No. 1520, being an ordinance amending Chapter 8, Article I of the City Code of the City of Columbia Heights pertaining to public nuisances. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1520 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, CITY CODE PERTAINING TO PUBLIC NUISANCES The City of Columbia Heights does ordain: Chapter 8, Article II of the Columbia Heights City Code, is hereby amended to read as follows: * 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (R) Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance For purposes of this section, graffiti is dermed as the unpermitted application of any drawing. inscription. figure or mark upon a structure. wall. rock. bridge. building. fence. gate. roadway. tree or other real or personal property. either privately or publicly owned. fS) (I) All other conditions or things which are likely to cause injury to the person or property of anyone. * 8.206 ABATEMENT. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. F) Adopt Resolution No. 2007-23. being a Resolution for Rental Housing License Revocation at 4801 Grand Avenue N.E. Gorman stated this property had an inspection with the tenant. Revocation is for failure to submit the license application and fees. This is a town home in Grand Central Lofts. An extension was granted, but we have heard nothing further. Williams stated his belief that this is in bankruptcy. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Kelzenberg, second by Nawrocki, close the public hearing and to waive the reading of Resolution No.2007-23, there being ample copies available to the public. Upon vote: All ayes. Motion carried. - 14 - City Council Minutes February 12,2007 Page 12 of20 Motion by Kelzenberg, second by Nawrocki, to adopt Resolution No. 2007-23, 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 Ban Properties regarding rental property at 4801 Grand Avenue N.E. Upon vote: All ayes. Motion carried. Nawrocki questioned these units being rented. Gorman stated this is the first rental in that project. RESOLUTION 2007-23 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 Ban Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue N.E., 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 22, 2007 of an public hearing to be held on February 12,2007. 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 7, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 22, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to submit a rental license application, failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 U4801 is hereby revoked; 2. The City will post for the putpose 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 fust day of posting of this Order revoking the license as held by License Holder. G) Adopt Resolution No. 2007-24, being a Resolution for Rental Housing License Revocation at 4502 Washington Street N.E. Gorman stated there are three items left to complete. We have not been able to re-inspect the interior and they have not asked for an extension on painting the exterior. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-24, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-24, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, - 15 - City Council Minutes February 12,2007 Page 13 of20 Article IV, Section 5AA08(A) of the rental license held by L & P Asset Holding LLC regarding rental property at 4502 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-24 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 L & P Asset Holding LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4502 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 11, 2007 of an public hearing to be held on February 12,2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 31, 2006, inspectors for the City of Colunlbia 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 January 11, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on February S, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. 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: Shall provide and install a cover on the electrical box on the back of the hot water heater, shall install a door on the northwest bedroom, and shall scrape and paint the garage. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8l 07 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. H) Adopt Resolution No. 2007-25. being a Resolution for Rental Housing License Revocation at 4544 Fillmore Street N.E. Gonnan asked that this resolution be removed, as the property came into compliance today. Nawrocki stated that the address on the garage is backwards. Angelic Wilson, 4544 Fillmore, stated that she is the upstairs tenant and indicated her concern of what would happen to her and her children if the license were revoked. Wilson listed other items in need of repair such as a bent garage door, leaking storm windows, ice on the bedroom walls, overflowing and blocked sinks and a dryer that is not hooked up. She indicated she was ticketed for parking on the street. Gorman stated that this re'(/ocation dates back to eight violations from last October. There \vere exterior violations that had a seasonal extension until spring. He stated that there can be an inspection of additional items. - 16 - City Council Minutes February 12,2007 Page 14 of20 Diehm explained the revocation process, and stated that if the Fire Department would post the building, tenants would have 60 days for the landlord to correct the violations or for the tenants to find different housing. She stated there is a citywide prohibition of street parking from 2:00 a.m. to 6:00 a.m. in the winter to clean streets, and this is posted at the entrance to the city. Gorman indicated he would give Ms. Wilson a copy of the handbook for tenants. Nawrocki described the process to withhold rent, which must go through the court system. Peterson requested the Fire Department expect the entire apartment and the plumbing and then contact the owner to bring the building up to code. Nawrocki stated that in the same alley, at 4534 and 4506, there are vehicles without current license plates, and unpaved parking at 4506. I) Adopt Resolution No. 2007-26. being a Resolution for Rental Housinl1: License Revocation at 4341 Tyler Street N.E. Gorman indicated there is still garbage around the dumpster. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Nawrocki, second by Williams to close the public hearing and to waive the reading of Resolution No. 2007-26, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-26, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler Street N.E. Upon vote: All ayes. Motion carried. Nawrocki stated that 970 44th has a pile of brush that needs to be picked up. RESOLUTION 2007-26 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Boopendra Phalgoo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4341 Tyler Place N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, 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 January 22, 2007 of an public hearing to be held on February 12,2007. 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 l.That on January 9, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 January 22, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. - 17 - City Council Minutes February 12, 2007 Page 15 of20 3. That on February 2, 2007, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. 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: Shall remove any/all garbage from around the dumpster area. Including oil, stove, tv. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F8117 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. J) Adopt Resolution No. 2007-27 being a Resolution for abatement of violations at 4625 Tyler Street N.E Gorman stated there were meetings on January 5 and January 17 regarding graffiti on the buildings. An immediate abatement was ordered to cover the graffiti. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-27, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-27, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N .E. 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 2007-27 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 Salah Farghaly (Hereinafter "Owner ofRecordtl). Whereas. the owner of record is the legal owner of the real property located at 4625 Tvler Street N.E., 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 regular mail to the owner of record on January 5, 2007. 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 l. That on January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability of the City of Columbia Heights to locate a responsible person for this property the Fire Chief ordered an immediate abatement of all graffiti on the structure. 2. That on January 5, 2007 DuAll Services spray-painted over the graffiti. 3. That on Januarj 5, 2007 notices were sent to the o\vner via regular and certified mail at the address listed on file. 4. That based upon said records oft~e Fire Department, the followiJlg conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Graffiti of an offensive nature existed and was removed. 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). - 18 - City Council Minutes February 12,2007 Page 16 of20 CONCLUSIONS OF COUNCIL 1. That the property located at 4625 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. K) Adopt Resolution No. 2007-28 being a Resolution for abatement of violations at 4633 Tyler Street N.E Gorman stated this is also for immediate abatement of graffiti. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-28, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-28, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4633 Tyler Street N.E. 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 2007-28 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 Salah F arghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 Tyler Street N.E., 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 regular mail to the owner of record on January 5, 2007. 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 January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability of the City of Columbia Heights to locate a responsible person for this property the Fire Olief ordered an immediate abatement of all graffiti on the structure. 2, That on January 5,2007 DuAll Services spray-painted over the graffiti. 3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Graffiti of an offensive nature existed and was removed. 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 4633 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant - 19 - City Council Minutes February 12, 2007 Page) 7 of20 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 l.The property located at 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Business 1) Home rehabilitation program, home replace program. and contamination remediation program Peterson indicated this item is informational. Bob Streetar, Community Development Director, spoke regarding legislation to extend the Central A venue TIF district. This would follow City Goal #3 and the City's Comprehensive Plan to promote and preserve single family homes, support upgrading of older homes in the community, and improve housing stock. The median year of homes built in our community is 1957; this is fourteen years older than the rest of the metro. Improvement resources, such as CDBG funds, continue to decline and the state loan program, This Old House was eliminated. There were 72 homes participating in that program. Streetar stated that we currently fund a $35,000 GMHS rehabilitation program. Streetar indicated that extension of the TIF district along Central Avenue would allow for residential rehabilitation funds and be used to address the contamination along Central Avenue in the area of Mady's, estimated at about $3,000,000. This area was a dump and is very contaminate. The grants available for contamination clean up are declining. We have housing, deferred maintenance, and contamination issues. Without intervention, it will get worse. Streetar indicated that the A3C7 tax increment financing district is from 37th to 43rd Avenue. It generates $650,000 a year now. Streetar suggesting extending the district for 25 years for housing rehabilitation, replacement, and contamination cleanup. He stated that when the TIF district decertifies we could receive less government aid. This information has been presented to the EDA and City Council. The EDA voted 6 ayes - 1 nay to move forward. Staff has meet with our Legislators and they are supportive. The funds would be available in 2010, but bonds could be sold for earlier use. Streetar indicated that if the TIF district closes, the option to extend the district would no longer be possible. Nawrocki spoke on the history of the TIF district and bonds to build PVVS. There was to have been an interest savings on those bonds. He stated that he has not received the annual TIF report. Residents were told that when this TIF district ended there would be tax relief. With this, they would not receive that benefit for 25 years. This should require better information to the community and should be subject to a referendum. There is merit in housing rehabilitation. The contamination cleanup should have been considered prior to the land purchase. Streetar pointed out that there are now less service calls to the new developments. Home improvement interest may also be tax deductible. Fehst stated that funding would be available to families making $88,000 a year or less, and so would be available to most Columbia Heights residents. The extension of the district to build PVVS benefited the 45 families that live there. This has a chance to benefit the entire cornmunity. Williams stated that the Legislature would have to approve this. It has his support. When people understand it, it would pass. - 20 - City Council Minutes February 12,2007 Page 1 8 of 20 Kelzenberg asked if we have the support of Senator Chaudhary. Streetar stated that we have the support of Representative Laine and Senator Chaudhary has asked for further information. Nawrocki indicated that he would have liked to attend the meeting with the Legislators and would like to attend the next meeting with them. Peterson stated that this would be a good thing for Columbia Heights. 2) Approve request for donation toward the Anoka County 150th Anniversary celebration Peterson listed the difference in the two suggested motions. Nawrocki asked if anyone has talked to the Historical Society and if they have money in their budget. Motion by Nawrocki, second by Williams, to contribute $100 toward the Anoka County 150th Anniversary celebration with funding to come from the fund balance. Peterson restated the motion for a $100 donation to the Anoka County celebration. Nawrocki indicated he meant $1,000 in his motion. Williams withdrew his second. Diehm suggested approving a $500 donation tonight and that staff speak to the Columbia Heights Historical Society. If they can not contribute, the issue could be revisited. Motion by Diehm, second by Kelzenberg, to contribute $500 and check into the Columbia Heights Historical Society donating $500 to the Anoka County 150th Anniversary celebration, with funding to come from the fund balance. Miscellaneous Nawrocki indicated he spoke to the City of Fridley Manager regarding a WiFi system and cable programming. A joint meeting on common concerns was suggested. A time and topics to discuss should be agreed upon. Fehst stated that the councils may be able to meet following the Southern Anoka County Community Consortium event at the Fridley Community Center. Diehm suggested a separate meeting to discuss WiFi, crime and redevelopment. She also suggested a joint meeting with the City of St. Anthony in the Fall. Fehst referred to improvements on University from 30th to 45th as a discussion item. Nawrocki stated that the Anoka County Historical Society book will be at our Library from March 1 to March 22. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the meeting with Minneapolis Councilmember Paul Ostrow on streetcars. He indicated that they are currently rewriting their cable franchise and would like to have free Universal Service like Columbia Heights has. - 21 - City Council Minutes February 12,2007 Page 19 of20 Nawrocki . Why aren't the Council meeting agendas put on cable TV on Fridays like they used to be. The public should have a three day notice. Agendas are posted on the bulletin boards, but that is not the best way to reach the community. . The Mill Street side of City Hall has the address number of 590, which is the 40th Avenue address. It is not the proper way to identify the building. The 40th Avenue door is locked during meetings, so people have to enter in the Mill Street door. Fehst indicated that the Mill Street address probably should list the entire 4dh Street address. . Questioned if the parkway signage letter by Adam Davis was discussed at the Traffic Commission meeting. Kelzenberg stated that their last meeting was cancelled. . At the work session the Recreation Director presented changes to the city newsletter. Takes strong exception to this. Went through this discussion before. We have local printer that should be allowed to bid. . Council does not want to pay $1,000 to work with the County Historical Society, but spent $1,000 to work with Kennedy and Graven to extend the TIF district for 25 years. The Legislators have a department to develop the bills. Why pay an independent when they can have it done. . Questioned paying $5,000 to Patchin, Missner and Dodd for 4849 Central appraisal. Streetar stated that is for a quick take condemnation of the right-of-way at Savers. The process is not complete and the appraisal was required. . Questioned the Frattalone overruns on the parkway, including lead disposal and why it is charged to the general fund and water utility fund. Streetar stated that was part of the original agreement. . Concerned that a printer was purchased for the engineering department at a dollar amount just under the amount that would require Council approval. Report of the City Attorney - none CITIZENS FORUM - none Peterson stated he had a request to eliminate Council Comer. COUNCIL CORNER Nawrocki . Attended the Local County Elected Official meeting. Information was received that Anoka County wants to establish their own EDA. Streetar indicated that legislation was approved last year and is now being implemented. We should participate to indicate that we have our own EDA and should not have to contribute, like our library. . Metro Transit Board is lobbying for an increase in state sales tax for transportation, gas tax, license tab adjustment and wheelage tax increase for transit. Diehm . There is now free tax assistance for seniors and low income qualifiers at Murzyn Hall. . There will be a child safety seat clinic on Tuesday, February 20 from 4:00 to 7:00 pm at the Fire Department . Immaculate Conception will host a talent show on Friday, Saturday, and Sunday. Motion by Williams, second by Kelzenberg, to adjourn. - 22 - City Council Minutes February 12, 2007 Page 20 of20 Peterson . Meet with Minneapolis Council member Paul Ostrow regarding the possibility of streetcars serving Columbia Heights and Northeast Minneapolis. We will next meet with Hennepin County, the City of Minneapolis and Anoka County. . Attended the Local Elected Officials meeting where the Department of Veterans Affairs requested cooperation with our returning service men and women. Welcome them back. They will have some problems with re-entrance to society. Welcome them, and make sure we show our appreciation for their service. ADJOURNMENT Peterson adjourned the meeting at 10:05 p.m. Patricia Muscovitz CMC Deputy City Clerk/Council Secretary - 23 - THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, FEBRUARY 15,2007 t~ D-r- r=i f) .pro uecL \l-t:i::. ' 5-A-2.. The meeting was called to order at 7:00 p.m. by Delmis Stroik, Chairperson. ROLL CALL: Members Present: Deilllis Stroik, Brad Peterson, Bob Buboltz, Reuben Ruen, Ken Henke, Dan Swee and Robert Peltier. Council Representative: Bruce Nawrocki City Representative: Shelley Hanson Com cast Representative: Kathi DonnelIey-Cohen Legal COlUlsel: Steve Guzzetta The COlmnission members welcomed Robeli Peltier as the person appointed to fill the vacancy created by Dave Mahoney's resignation. As a former field technician for Comcast, he is knowledgeable about the industry. APPROVAL OF MINUTES Motion by Ken, seconded by Brad, to approve the minutes of November 16,2006 as presented. All ayes. Alotion by Brad, seconded by Ken, to approve the minutes of January 18.. 2007 as presented. All ayes. OLD BUSINESS A. Channel Check It was noted that FSN #27 was not broadcasting any programs again. Kathi DOilllelIey-Cohen will have a service tech check this out as it may be a problem with the digital receiver. Swee asked whether anyone else who had analog service and not using a box was having fuzzy audio on Channel 45. Stroik said he would check it out on his set at home and get back to Swee. Kathi told Swee to have whoever was having the problem set up a service call. B. Correspondence Log and Follow Up on Complaints Staff had not received any new complaints. B. Status of Franchise Renewal Staff and Legal Counsel met with Kathi Donnelley-Cohen from Comcast at the end of January. The City's proposal was to renew the franchise 'as is' for a teml of five (5) years. Guzzetta explained that because of the regulatOlY unceliainty for both sides, a five-year renewal is reasonable and acceptable to both parties. This would put us on the same schedule to renew the franchise as other cities being served by Comcast. He stated that Com cast is working on a counter proposal that would have some changes to the PEG fees and possible changes in regards to the Public Access Studio. Nawrocki questioned what types of changes were being proposed? Katr.J Donnelley-Cohen stated that the lease is up at the Public Access Studio and they are considering other options as part of the negotiation process. Columbia Heights is the only city with a separate studio and it has become very costly to produce the few prof,Ifams that are actually done there. It is hoped that other arrangements can be made for our Public Access taping and programming needs. - 24 - TELECOMMUNICATIONS COMMISSION MINUTES FEBRUARY 15,2007 PAGE 2 Members asked what would happen to the equipment used for distribution that is now located in the studio. Kathi explained that they would still need a small space to hold the equipment and that distribution would still occur through that equipment. They just don't need to lease the entire facility as they have been doing. The employees would most likely be kept on and work out of a different location. There was a discussion again about broadcasting NASA. Kathi eXplained that Comcast does have the technical ability to put NASA on an access channel, which has previously been offered. However, they will not put it on an empty channel. Empty channels are reserved for progranulling that is being added to all systems. C. Report ons Dept. re: Streaming Video Reuben stated that he was surprised at how costly it is to stream video on the Internet, especially the storage fees of the video files. Members discussed the idea of having our own server, storing our own files, and having the staff to do tins. They thought it would be interesting to know the cost involved in hosting your own. Hanson reminded members that this needs to be re-visited at a later time once decisions are made on what type of services we want to provide, so that the right equipment can be purchased as we upgrade the system, and to ensure the equipment is compatible to provide those services. It may take the expeliise of a consultant to make sure the entire system is moving in the right direction. This will be brought back to the commission when that process begins. D. Other Old Business No other old business. NEW BUSINESS A. 4th Quarter Franchise Fees The franchise fees for 4th Quarter of2006 were received and a copy was enclosed in the agenda packets. B. Notice that SOAPNet is Being Added to Line Up A copy of the notification that SOAPNet was being added to the channel lineup on channel 120, effective March I, 2007 was enclosed in the packet. That letter also notified the city that the FCC fee was being increased from $.06 to $.07 effective March 1,2007. C. Update of WU CW Negotiations Kathi said tlris has stilI not been resolved, and is being negotiated at the corporate level. Comcast will not pay an exorbitant increase to carry this programming. She had heard that Media Com had reached an agreement with Sinclair and that their fees rose drastically. - 25 - TELECOMMUNICA nONS COMMISSION MIN UTES MEETING OF FEBRUARY 15,2007 PAGE 3 D. City Wide Wireless Network Information as Presented by Unplugged Cities This was included in the packets for infonnational purposes only. Unplugged Cities made a short presentation at a recent Division Head Meeting. It was pointed out that the higher the density of housing, the more affordable the service would be. Reuben stated he thought Commission members should be present to hear these types of sales pitches. He said this company did work for St. Louis Park and, in his opinion, made poor recommendations on their equipment purchases. He felt that staff and the City Council need the expertise ofthe commission members' technical knowledge before making any decisions. E. Articles on Wireless Service Two articles were also enclosed in the packets regarding this issue for the commissioners to review. Swee said cities should be careful about providing wi-fi service and going into competition with others that provide the same service. He thinks it would be financially and technically difficult for cities to compete in this area. He recommends a "wait and see" approach on this issue. F. Other New Business Dennis wanted to make others aware of an aliicle he was e-mailed that was a fake sent from Customer Central, asking for information supposedly for the Cable Company. Kathi stated she is aware of these false e-mails and warned the others not to even open them, as it is a way for the sender to obtain infonnation from your computer. DelIDis also stated he had received the subscriber survey in the mail this week and that it is due back by Febmary 20th. He thought that was a very short time frame to get many responses. There was a short discussion regarding some items listed on the survey. REPORTS A. Report of Commissioners Education- Nothing to report Library- Nothing to report Public-Nothing to report Government-Nothing to repOli B. Report of COl11cast- The repOlis were included in the agenda packets for the commissioners to review. C. Report of Cable Attorney Guzzetta reported that the City Council accepted the recommendation of the commission at their meeting on February 12m regarding the Rate Adjustments filed on Forms 1205 and 1240. - 26 - TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF JANUARY 18,2007 PAGE 4 He also reported that the FCC still has not released the Order they passed regarding competitive entrance into the cable market, therefore all the details are not known at this time. There is supposed to be a directive issued regarding the rules of this order within six months. He will keep the members advised as information is released. He infonned the members that MACT A and the League of MN Cities recently had a seminar. At this time, a lobbyist told him that Qwest will try and get a statewide franchising bill sponsored this year. He told members to stay apprised of this and to talk to legislators to voice their opposition to such a bill being passed. He stated Qwest's bill is opposed to any kind of build-out requirements, and if passed, would allow them to pick and choose where they provide service. They want to target the more affluent areas. And their bill would also take the control of Right of Ways away from local jurisdictions. Motion by Ken, seconded by Bob to adjourn the meeting at 8:05 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary - 27 - COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 Administration APPROVAL ~/ ITEM: Cancel Work Session BY: Walter R. F ehst BY:' ~ /1: - d/lf;k~ / Meeting Date of March 5, 2007 DATE: February 22, 2007 tV ~ NO: DATE: It is necessary to cancel the scheduled March 5, 2007 City Council work session as three Council members will not be able to attend. Therefore, a quorum will not be present. RECOMMENDED MOTION: MOTION: Move to cancel the March 5, 2007 City Council work session, as there would not be a quorum present. COUNCIL ACTION: - 28 - CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: COUNTY EXPENSES MEETING OF: FEBRUARY 26,2007 ORIGINATING DEPT: CITY MANAGER FINANCE APPROV AL BY: WILLIAM ELRITE BY:/ (L,/ NO: 5 -A- L, DATE: 02/14/2007 Attached is an invoice from Anoka County for $20,413.92. Of this amount, $14,911.09 is the County's administration charge for administering the Tax Increment Financing Laws of Minnesota for the calendar year 2006 as it relates to the tax increment districts in Columbia Heights. By state statute, the County is allowed to charge the cities these expenses. This is the sixteenth year the County has charged this type of expense back to the cities. The City of Columbia Heights is required by law to pay these expenses. The following is a summary of the charges for the past ten years: Year PriceIParcel PricelDistrict Total 1997 9.36 363.00 13,183.52 1998 9.48 340.00 11,422.64 1999 10.51 369.70 12,500.68 2000 11.35 377.15 13,288.95 2001 11.10 365.72 14,059.08 2002 10.29 347.09 13,465.67 2003 10.54 386.59 13,488.92 2004 9.91 379.66 13,843.91 2005 9.24 376.49 15,734.64 2006 8.60 360.59 14,911.09 In addition to billing for TIP administration, the County continues to bill for sending out the Truth in Taxation notices, $1,936.73, and Special Assessments billing of$3,566.1O for a total bill of$20,413.92. RECOMMENDED MOTION: Move to authorize payment of $20,413.92 to Anoka County for administering the 2006 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIP Debt Services Fund and the General Fund. WE:srns 0702141COUNCIL Attachment AnokaCounty .pdf - 29 - COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 FAX (763) 323-5421 www.AnokaCounty.us/prop- records-tax . Property Assessment . Property Records and Public Service f'GJ . Property Tax Accounting and Research Mr. Bill Elrite Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 February 7,2007 ( .-:",\ ';,::;:. Dear Mr. Elrite: I am herewith certifying your City's total expenses incurred by Anoka County in administering the Truth in Taxation Statutes, the Special Assessment Laws, and the Tax Increment Financing Laws of Minnesota for calendar year 2006. Below are listed the total amount for each and a grand total for your City. Please refer to the attached invoice for the breakdown of your charges. Truth in Taxation: Total: $1,936.73 Special Assessment: Total: $3,566.10 TIF: Total: $14,911.09 TOTAL AMOUNT DUE: $20,413.92 *Truth in Taxation: M,S. 275.065, Subd. 4, states that the cost for administering TNT is to be apportioned to the taxing jurisdictions on the basis of one-third allocated to the county, one-third allocated to the cities and towns and one-third allocated to school districts. The costs will be allocated back to the taxing districts in the proportion that their tax parcels bear to the total number of county parcels. The total cost for providing parcel specific notices to Anoka County residents was $98,120. The notice was mailed to 121,321 property owners, an average of $.81 per parcel. *Special Assessments: These expenses represent the recordkeeping and administrative functions performed by county staff as prescribed by M.S. 429.061. New special assessments were billed a setup charge at the rate of $100.00 per fund number issued and $1.00 per parcel. Existing special assessments were billed a maintenance charge of $39.27 per fund number and $2.53 per parcel. *Tax Increment Financing (TIF): These expenses represent the recordkeeping and administrative functions performed by county staff prescribed by M.S. 469.174 - M.S. 469.179. Please remit the TOTAL AMOUNT DUE by February 21,2007. If you have any questions, please contact me at (763) 323-5435. Sincerely, ~~ Joa{! Flavin Property Tax Accounting Enclosure Affirmative Action f Equ~~ Opportunity Employer 1:\Tax Accounting\INVCEL TRDOC INVOICE TAXING JURISDICTION: CITY OF COLUMBIA HEIGHTS TRUTH IN TAXATION Parcel Count Total Total Due 7,184 $1,936.73 $1.936.73 SPECIAL ASSESSMENTS Quantity New Special Assessments Total 6 Assessment Charge ($100/unit) $600.00 644 Parcel Charge ($1.00/unit) $644.00 Total $1 ,244.00 Quantity Existing Specials Total 15 Assessment Charge ($39.27/unit) $589.05 685 Parcel Charge ($2.53/unit) $1,733.05 Total $2.322.10 Total Special Assessment Charge $3.566.10 TAX INCREMENT FINANCING (TIF) Quantity TIF 10 New Districts Base Cost Add. Time Total Quantity TIF 10 Decertified Districts Decertification Charge Total 4 N7 $100.00 $100.00 Quantity TIF 10 District Maintenance Parcel Costs District Costs Total 528 A3 $4,540.80 $360.59 $4,901.39 4 C7 $34.40 $360.59 $394.99 261 C8 $2,244.60 $360.59 $2,605.19 5 K2 $43.00 $360.59 $403.59 42 M8 $361 .20 $360.59 $721.79 41 P3 $352.60 $360.59 $713.19 1 P4 $8.60 $360.59 $369.19 10 R8 $86.00 $360.59 $446.59 11 S7 $94.60 $360.59 $455.19 102 T4 $877.20 $360.59 $1,237.79 256 T6 $2,201.60 $360.59 $2,562.19 Total Tax Increment Charge $14.911.09 TOTAL INVOICE AMOUNT $20,413.92 Please make check payable to ANOKA COUNTY and remit by FEBRUARY 21,2007. Thank you. - 31 - COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 26, 2007 AGENDA SECTION:.5 A -- NO: - - - s ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL BY~', .(Id';/ !~,I / , 'j-j ;If j 'l II///f -"-/1 ;)0 / ITEM: Approve Contract with ProSource for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park. BY: Randy Schumacher DATE: February 21, 2007 BACKGROUND: All environmental testing for the Phase H study, and the creation of the Response Action Plan, were completed by ProSource Inc. in December of 2003. This testing process was required in order to qualifY for Department of Employment and Economic Development (DEED) and the Metropolitan Council clean up funds. The City of Columbia Heights was awarded $1,091,226 for contamination clean up in Phase III of the Industrial Park. The Minnesota Pollution Control Agency has approved the correction plan that outlines the cleaning process of the contaminated soil and ground water. In addition, they required supplemental investigation to insure that all Minnesota Pollution Control standards are met. ProSource will be responsible for implementing all clean up phases of contamination as outlined in their contract. The staff at ProSource has assisted the City in establishing a strong working relationship with the MPCA, DEED and Met Council. City stafflooks forward to completing the final clean up of the Industrial Park Redevelopment Plan and has been completely satisfied with the previous two phases in which ProSource managed this process for the City. RECOMMENDATION: Staffrecommends Approval of the Contract with ProSource Technologies Inc. for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park. RECOMMENDED MOTION: Move to Approve the Contract with Pro Source Technologies Inc. for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park. Funding will come from the Minnesota Department of Employment and Economic Development as outlined in the grant, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments COUNCIL ACTION: - 32 - August 24, 2006 Mr. Randy Schumacher Project Director - City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 Re: Scope of Work and Cost Estimate Environmental Cleanup Columbia Heights Industrial Park - Phase III Dear Randy: On behalf' of ProSource Technologies, Inc. (ProSource), I'd like to again congratulate the City of Columbia Heights (City) on your continued success in redeveloping the Columbia Heights Industrial Park. You've accomplished a great deal of work over the course of the last three years and the transformation during the last year has been a real pleasure to watch. We greatly appreciate the opportunity to work with you through the completion of Phases I and II and look forward to moving ahead with environmental cleanup and redevelopment activities in Phase III. As per your request, we've prepared this letter to summarize the Scope of Work and Cost Estimate to implement cleanup activities associated with Phase III. Scope of Work As you are aware, the Scope of Work has already been included in the Minnesota Pollution Control Agency (MPCA) approved Phase II Investigation Report, Focused Feasibility Study (FFS) and Response Action Plan (RAP) dated October 9, 2003. Therefore, I would like to briefly summarize the work and costs associated with the forthcoming work. In short, services to be provided by ProSource will include: . Continuing liaison with between the City, MPCA, Schafer Richardson and/or other applicable regulatory agencies. . Conducting pre-demolition surveys. · Preparing specifications and/or bid documents for Contractor services. . Scheduling and coordination with Contractors. . Coordination and oversight for implementation of soil and ground water Response Actions. . Installation of additional monitoring wells to fmiher evaluate water quality of the regional water table and make a determination as to the need for additional monitoring and/or remedial action. . Reporting. . Project Management. - 33 - Scope of Work and Cost Estimate Columbia Heights Industrial Park - Phase III Page 2 Project Costs The estimated cost to complete the environmental cleanup associated with Phase III of this project is $1,689,965. Of that, we estimate that $212,471 will go through Pro Source as labor, equipment, expenses or subcontractors (laboratory and drilling). A breakdown of project costs is included on the attached table, which was taken from the Phase III Grant Application submitted to DEED and Met Council on October 31, 2005. As you know, the City was successful in their Application, receiving a total of$1 ,091 ,281 in funding between the DEED and Met Council Grant Awards. As a significant portion of the project costs are associated with demolition and excavation activities, we are assuming that the City will be responsible for soliciting the bid package, as well as executing a separate Agreement with the selected contractor (as with Phases I and II). However, ProSource will prepare applicable portions of specifications and/or bid documents, provide scheduling, coordination and oversight with the Contractor and review Contractor invoices to verifY quantities and costs prior to submittal to the City. Pro Source will again be responsible for procuring contractors to provide drilling and analytical services. Closing As the winter months are rapidly approaching and redevelopment within Phase III is slated to begin with the onset of thawing conditions in the spring of 2007, we realize the City would like to begin cleanup activities as soon as possible. As such, we are prepared to initiate work immediately. To authorize the work, please execute both copies of the attached Agreement in the space provided below and return one copy for our records. If you have any questions or comments, please feel free to call me in our office at (763) 786-1445 or on my cell phone at (763) 458-8174. Sincerely, ProSource Technologies, Inc. Accepted by: Gary L. Peterson- Mayor James B. Crowl III, P.G. Project Manager/Hydrogeologist Attaclm1ents: Cost Estimate (Phase III) Standard Terms and Conditions Walter R. Fehst- City Manager ProSource Technologies, Inc. August 24, 2006 - 34 - Scope of Work and Cost Estimate Columbia Heights Industrial Park - Phase III STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional Services are not subject to, and ProSource can not provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by a client are specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, infonnation supplied by Client. For some projects the scope may not be fully definable during the initial phases. As the Project progresses, facts discovered may indicate that scope must be redefined. ProSource will promptly provide Client with an amendment to this Agreement to recognize such change, which shall be deemed approved if not objected to within 15 days of receipt by Client. 3. SAFETY. ProSource has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided as a service under this Agreement, ProSource specifically disclaims any authority or responsibility for general job site safety and safety of persons other than ProSource employees. 4. D ELA YS. If events beyond the control of Client or ProSource, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, acts of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, ProSource shall be entitled to an equitable adjustment in compensation. In the event that the project is delayed by Client and such delay exceeds 30 days, ProSource shall be entitled to an extension of time equal to the delay and an equitable adjustment in compensation. 5. TERMINATION / SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay ProSource for all Services, including any expenses, incurred prior to termination. In the event that either party defaults in its obligations under this Agreement (including Clients obligation to make the payments required hereunder), the non-defaulting party may, after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by ProSource is supplied for the general guidance of the Client only. Since ProSource has no control over the competitive bidding or market conditions, ProSource cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to client. 7. RELATIONSHIP WITH CONTRACTORS. ProSource shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but ProSource specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures or construction selected by Client's contractors. 8. CONSTRUCTION/CONTRACTOR OVERSIGHT. For projects involving construction or contractor oversight, Client acknowledges that under generally accepted professional practice, interpretations of construction documents or field plans in the field are normally required, and that performance of construction-related services by the design professional for the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold ProSource harmless from any claims resulting from performance of construction-related or contractor oversight services by persons other than ProSource. 9. INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker's Compensation in amounts in accordance with legal, and Pro Source's business, requirements, Certificates evidencing such ProSource Technologies, Inc. August 24, 2006 - 35 - Scope of Work and Cost Estimate Columbia Heights Industrial Park - Phase III coverage will be provided to Client upon request. 10. INDEMNITIES. To the fullest extent permitted by law, ProSource shall indemniry and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of Pro Source, its agent or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and save hannless ProSource, its agents, employees, and representatives from and against loss, liability, and damages (including reasonable litigation costs) arising from or relating to claims for injury or death to persons, damages to tangible property, or other losses, alleged to be caused by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (i) produced, emitted or released from Project (ii) tested by Pro Source under this Agreement, or (Hi) used or incorporated by ProSource in the Services; or (b) operation or management of the Project. Client also agrees to require its construction contractor, if any, to include ProSource as an indemnitee under indemnification obligation to Client. 11. LIMITATIONS OF LIABILITY. No employee or agent of Pro Source shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, Pro Source's liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ProSource's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total compensation received by ProSource under this Agreement. If Client desires a limit of liability greater than that provided above, Client and ProSource shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to ProSource for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PROSOURCE BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INClDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, 12. ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of sllch documents or deliverables without written verification or adaptation by ProSource for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemnify, and hold harmless Pro Source from all claims, damages, and expenses (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission ofthe other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent pennitted by law, parties agree that, except for indemnification. the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. PREVAILING PARTY LITIGATION COSTS. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties ProSource Technologies, Inc. August 24, 2006 - 36 - Scope of Work and Cost Estimate Columbia Heights Industrial Park - Phase III hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. Pro Source Technologies, Inc. August 24, 2006 - 37 - COST ESTIMATE (pHASE ill) DEED Contamination Cleanup Grant Application Columbia Heights Industrial Park Columbia Heights, Minnesota ProSource Project No.: 529-00 Item Estimated Cost 11lpacted Soil (Petroleum mixed with Foul/dry Waste) Excavation (800 cubic yards) $1,200 Hauling (800 cubic yards) $11,200 Landfill Disposal (1040 tons) $6,760 Laboratory Testing (using a 2X multiplier per sample for 24-hour turnaround time) $3,618 BackfiIl--Materials, Hauling, & Placement (800 cubic yards) $3,600 Field Oversight, Equipment, and Expenses $1,083 Subtotal $27,461 Foul/dry Waste Excavation (42,968 cubic yards) $64,452 Hauling (42,968 cubic yards) $601,552 Landfill Disposal (55,858 tons) $363,077 Laboratory Testing (using a 2X multiplier per sample for 24-hour turnaround time) $20,111 Backfill--Materials, Hauling, & Placement (42,968 cubic yards) $193,356 Field Oversight, Equipment, and Expenses $29,099 Slag Wall Removal and Disposal $12,336 Subtotal $1,283,983 BuildilIg Demolitioll Pre-demolition Surveys (Asbestos, Lead Based Paint, RegulatedIHaz. Materials etc.) $16,03C Asbestos Abatement $102,861 Building Demolition $1I2,00C Field Oversight, Equipment, and Expenses $7,736 Subtotal $238,62 Groul/d Water Remediation Passive Free Product Recovery in Excavations $2,300 Installation of Water Table Monitoring Well Network Monitoring Well Installation and Oversight $96,579 Subtotal $98,8711 Other Site survey (pre-, during, and post-excavation) $7,05C Clearing and Grubbing of approximately 0.6 acres $5,10C RAP Implementation Repan $12,12 Monitoring Well Abandonment $1,200 General Project Management, Liaison with City and MPCA, Specifications, Coordination with Contractors, Etc. $15,540 Subtotal $41,015 I Total Projected Costs>>> $1,689,965 I - 38 - AGENDA SECTION: CONSENT 5-A-Co NO: ITEM: Rental Housing Licenses NO: CITY COUNCIL LETTER Meeting of February 26, 2007 ORIGINATING DEPARTMENT: Fire BY: Gary Gorman DA TE: February 20, 2007 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 February 26, 2007. COUNCIL ACTION: - 39 - Occupany 1.0. 10010 30014 30016 30032 30040 30178 1 0069 30046 20148 12000-NC 20136 30098 30042 30068 20418 30136 20172 20123 30054 10027 02/20/2007 List of 2007 Rental Licenses to Approve Property Owner Name Hancor Enterprises LLC MV.A. International M.V.A. International Ashraf LLC City of Columbia Heights ED.A. Haji Azam Anne Binczik Mark Breiland Harold Clark Andrew Danko Keith Hoof Jim Horn Shahdi Hossein Donald Mikre Carly Nelson Maynard Nielsen Riley Shemica Marvin Sowada Frank Trisko Dan Yesnes 13:52 Property Address 48124TH 4330 3RD 4322 3RD 940 39TH 965 40TH 4935 UNIVERSITY 5055 6TH 631 37TH 4512 WASHINGTON 5037 MADISON 4040 CLEVELAND 1036 PETERS 1026 40TH 3855 JACKSON 1231 CIRCLE TERRACE 4733 UNIVERSITY 1214 CHEERY 1000 50TH 950 47TH 3854 Tyler 40 - Page 1 CITY COUNCIL LETTER Meeting of February 26. 2007 AGENDA SECTION: CONSENT NO: ITEM: 5- A-l ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL BY: -fl Vf(f/ DATE: Reissue of rental BY: Gary Gorman license NO: DA TE: February 20, 2007 The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Bo Phalgoo to operate the rental property located at 4341 Tyler Place N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: - 41 - CITY COUNCIL LETTER Meeting of: February 26, 2007 AGENDA SECTION: 5~A-'l, ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROV AL ITEM: License Agenda BY: Shelley Hanson ft"-' DATE:./ I~ &~~~ I- NO: DATE: February 22, 2007 BY: BACKGROUND/ANAL YSIS Attached is the business license agenda for the February 26, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. 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. Ifnot submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 26, 2007 as presented. COUNCIL ACTION: - 42 - TO CITY COUNCIL February 12,2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Paul Paine Masonry 6555 Co Rd 26, Mound *Pete's Water & Sewer 800 Lowry Ave NE, Mpls *Kline Corp dba Practical Sys 4342B Shady Oak Rd, Hopkins *Silvemail Ent. 6603 36th Ave No., Crystal *East Bethel Htg 19040 Dogwood St NW, Oak Grove *Central MN Tree 480 Rice Creek Blvd, Fridley - 43 - $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL :MEETING OF: 0b~ 20,2007 STATE OF MINNESOTA COi:JNry OF ANOKA CITY 9F COLillv1BIA HEIGHTS - A 0 j - - \ Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number /2 OL[.'7 Q' in the amount of $ 777, slo g-. qq. . through J 2D b /7 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. - 44 - ACS FINANCIAL SYSTEM 02/22/2007 10:05:48 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.74 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.......02/26/2007 COUNCIL LISTING INCLUSIONS: Fund & Account.., ....... .... Check Date.... . ..... ....... Source Codes..... ......_. ... Journal Entry Dates......... Journal Entry Ids. ...... .... Check Number. . . . . . . . . . . . . . . . proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . , . . . . _ . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order. ..... ... ..... Bank....................... . Voucher ,................... Released Date............... Cleared Date....... ......... Include Exp/Rev Closing Entries thru thru thru thru thru 120478 thru 120617 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y - 45 - ACS FINANCIAL SYSTEM 02/22/2007 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 1 BANK VENDOR Check History 02/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ADAMS/STEVE ARCH WIRELESS/METROCALL BOLTON & MENK, INC CHERNIN/ALEKSANDR CITY OF COLUMBIA HEIGHTS CLELAND/CHARLES CREE/CHARLES DEEP ROCK WATER COMPANY FRATTALONE COMPANIES INC FSH COMMUNICATIONS, LLC GODI,EWSKI / SAMANTHA HANSON/SHELLY JOHNSON BROS. LIQUOR CO. MARK VII DIST. MAYES/SONORA MINNEAPOLIS FINANCE DEPT MITCHELL/PENNY MN POLLUTION CONTROL AGE MOSER/AMY MTI DISTRIBUTING MUSCOVITZ/PATRICIA NORDLUND/JOHN OFFICE DEPOT OLD LOG THEATRE PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS RITZEKURA/WANGYAL SMITH MICRO TECHNOLOGIES ST ANTHONY SPORTS BOOSTE ST.MATTHEWS LUTHERAN CHU XCEL ENERGY (N S P) YANGZOM/KALSANG ACE HARDWARE ANIMAL HUMANE SOCIETY ARCH WIRELESS/METROCALL GENUINE PARTS/NAPA AUTO GRAND SLAM SPORTS & ENT HARVEY/ROBERT LANG/ROY LARKIN/JOHN LORMAN EDUCATION SERVICE MEDICINE LAKE TOURS MN CHAPTER IAAI NEXTEL COMMUNICATIONS NORTHEAST BANK OLD LOG THEATRE 120478 120479 120480 120481 120482 120483 120484 120485 120486 120487 120488 120489 120490 120491 120492 120493 120494 120495 120496 120497 120498 120499 120500 120501 120502 120503 120504 120505 120506 120507 120508 120509 120510 120511 120512 120513 120514 120515 120516 120517 120518 120519 120520 120521 120522 120523 120524 361.08 135.48 22,812.50 23.28 149,653.75 780.00 500.00 67.26 97,609.83 58.58 3.99 26.19 43,114.93 8,445.31 250.00 78,295.00 500.00 23.00 53.24 125.00 16.49 41.30 17.18 2,514.25 24,352.60 6,739.80 116.09 14.60 455.00 606.00 352.70 16,733.71 67.88 8.63 50.00 32.24 116.15 689.59 43.92 138.52 44.78 329.00 1,295.00 195.00 360.45 16,737.50 1,226.50 - 46 - ACS FINANCIAL SYSTEM 02/22/2007 10 BANK VENDOR Check History 02/26/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT PETTY CASH - KAREN MOELL SENSIBLE LAND USE COALIT SHOREVIEW COMMUNITY CENT SMITH/DOROTHY THE REGENTS OF THE U OF VINOCOPIA INC WOOD/MICKEY XCEL ENERGY (N S P) ABC NEWSPAPERS AEI ELECTRONIC PARTS ALLIED WASTE SERVICES ALLIED/BFI WASTE SYSTEMS ALTO CONSULTING & TRAINI AMERICAN PUBLIC WORKS AS AMERIPRIDE INC ANOKA CTY - CENTRAL COMM ATLAS AUTO BODY, INC AWWA MINN SECTION HEALTH BAKER & TAYLOR BARNA GUZY & STEFFEN LTD BIFF'S,INC. BONESTROO ROSENE ANDERLI BROCK WHITE CO. CANADA GOOSE PROJECT CARGILL SALT DIVISION CARLSON TRACTOR CCP INDUSTRIES CENTER POINT ENERGY CINTAS FIRST AID-SAFETY CLARK PRODUCTS INC COMMERCIAL POOL-SPA SUPP CSC CREDIT SERVICES INC DAKOTA COUNTY RECEIVING DEEP ROCK WATER COMPANY DEMCO MEDIA EGAN OIL COMPANY EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC FOUNDATION CENTER/THE G & K SERVICES INe GALE GROUP/THE GENUINE PARTS/NAPA AUTO GOODIN CO. GOVERNMENT FINANCE OFFIC HEIGHTS ELECTRIC INC. HENNEPIN TECHNICAL INST HOME DEPOT #2802 120525 120526 120527 120528 120529 120530 120531 120532 120533 120534 120535 120536 120537 120538 120539 120540 120541 120542 120543 120544 120545 120546 120547 120548 120549 120550 120551 120552 120553 120554 120555 120556 120557 120558 120559 120560 120561 120562 120563 120564 120565 120566 120567 120568 120569 120570 120571 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 2 AMOUNT 181.87 74.00 292.50 40.00 50.00 1,555.66 37.00 3,795.60 36.00 11.03 2,322.54 88,594.25 3,870.00 320.00 43.81 1,675.42 639.57 435.00 3,810.22 14,026.00 332.15 1,180.00 272.86 860.00 16,742.97 173.16 82.74 534.13 333.00 320.70 672.00 35.00 63.00 61.61 49.77 80.56 2,745.00 602.36 221. 50 19.02 146.05 56.55 223.17 140.00 471.10 95.00 32.28 - 47 - ACS FINANCIAL SYSTEM 02/22/2007 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 3 BANK VENDOR Check History 02/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT INT'L HEALTH EDUCATION A IPC PRINTING IPMA - ASSESSMENT SERVIC KENNEDY & GRAVEN LIBRARY JOURNAL LYLE SIGNS INC MAC QUEEN EQUIPMENT CO. MARSHALL CONCRETE PRODUC MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F METRO AREA MANAGEMENT AS METRO WELDING SUPPLY METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ART FAIRS MINN DEPT OF AGRICULTURE MINNEAPOLIS ASPHALT SYST MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNESOTA NURSERY & LAND MINNESOTA POLITICAL PRES MINNESOTA'S BOOKSTORE MN DEPT OF COMMERCE MTI DISTRIBUTING MUNICI-PALS NATIONAL INFO. DATA CENT NORTHERN WATER WORKS SUP OFFICE DEPOT PREMIUM WATERS INC RAMSEY COUNTY RAP IT PRINTING - NEW BRI RICOH BUSINESS SYSTEMS I RUGG'S RECOMMENDATIONS RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SCHINDLER ELEVATOR CORP SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STAR TRIBUNE STREICHER'S GUN'S INC/DO SUN PUBLICATION INC TAUTGES, REDPATH, & CO., VERIZON WIRELESS VIKING ELECTRIC SUPPLY WELSH CONSTRUCTION LLC 3M 120572 120573 120574 120575 120576 120577 120578 120579 120580 120581 120582 120583 120584 120585 120586 120587 120588 120589 120590 120591 120592 120593 120594 120595 120596 120597 120598 120599 120600 120601 120602 120603 120604 120605 120606 120607 120608 120609 120610 120611 120612 120613 120614 120615 120616 120617 200.00 945.51 145.00 4,279.43 105.50 175.71 6,297.20 6,207.03 550.00 365.53 40.00 47.73 68,308.19 350.00 16.95 75.00 801.31 648.00 11.91 219.00 44.90 200.00 60.00 250.00 25.00 89.90 248.90 840.06 19.30 1,183.30 519.77 181.09 29.95 45.00 144.95 757.23 1,044.75 45.78 1,138.50 1,669.01 89.65 8,661.00 6.10 69.22 39,000.00 6,927.18 777,568.99 *** - 48 - ACS FINANCIAL SYSTEM 02/22/2007 10 BANK VENDOR REPORT TOTALS: Check History 02/26/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 4 AMOUNT 777,568.99 RECORDS PRINTED - 000500 - 49 - ACS FINANCIAL SYSTEM 02/22/2007 10:05:49 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAP PAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVISION 240 LIBRARY 261 TWENTY-FIRST CENTURY GRANT 265 CONFISCATED/FORFEITED PROP 350 GO TI REFUNDING BONDS 2004A 378 MEDTRONIC - TIF (N7) 402 STATE AID CONSTRUCTION 415 CAPITAL IMPRVMT - PIR PROJ 418 COMMUNITY CTR CAPITAL BLDG 420 CAP IMPROVEMENT-DEVELOPMENT 436 CAPITAL EQUIP REPLACE-LIQUOR 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 653 STORM SEWER CONSTRUCT. FUND 701 CENTRAL GARAGE 720 DAT" PROCESSING 875 FISCAL AGENCY: GIS RANGER 884 INSURANCE 885 PAYROLL FUND 887 FLEX BENEFIT FUND TOTAL ALL FUNDS 68,780.17 1,197.67 346.44 1,515.18 173.22 346.44 6,208.44 1,082.09 1,145.51 16,737.50 2,250.00 4,197.50 117,074.86 495.00 437.19 43,376.37 81,875.27 70,017.75 89,287.13 1,165.78 85,584.58 1,477.11 760.00 18,462.95 3,893.28 6,927.18 2,962.11 144,350.12 5,442.15 777,568.99 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 777,568.99 777,568.99 - 50 - CITY COUNCIL LETTER Meeting of February 26, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: f.oA ITEM: Adopt Resolution For BY: Gary Gorman Abatement DATE: February 20, 2007 NO: 2007-29 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Chokpa Penpa regarding property at 4806 Monroe Street N.E. 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. 2007-29, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-29, a resolution of the City Council of the City of Columbia Heights declaring the property at 4806 Monroe Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: - 51 - RESOLUTION 2007-29 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Chokpa Penpa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4806 Monroe Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article n, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 2, 2007. 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 January 24,2007 the Fire Department was dispatched to 4806 Monroe Street N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and called for a locksmith to assist in making entry. Entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the water off to avoid any more water damage due to the water condition. Firefighters on the scene restarted the furnace to prevent any more pipes from freezing. 2. That on January 24, 2007 the Fire Department met the Public Works Department at the property to shut offthe water, after which the property was re-secured. 3. That on February 2, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Shut water off and start heat/furnace to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice ofthis bearing 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 4806 Monroe Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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. - 52 - 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 4806 Monroe Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant paliies and parties in interest day of 2007 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary . 53 - CITY COUNCIL LETTER Meeting of: 2/26/07 AGENDA SECTION: 7e( ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY, 1~/4J ITEM: RESOLUTION 2007-30 ACCEPTING THE BY: K. Y oung J.{~ I-- FEASIBILITY REPORT FOR ZONE 2 & 3 STREET DATE: 2/22/07 DATE: I REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0702 Please bring tlte Feasibility Study from Wednesday's Work Session. Background: Staff has developed preliminary plans and prepared the Feasibility Report for Zone 2 and 3 of the Annual Street Rehabilitation Program. The 2007 Project Area is bounded by Reservoir Blvd to Stinson Blvd, from 37u1 to 45th A venues and Reservoir/Johnson/Central to Stinson Blvd, from 45u1 Avenue to North Corporate Limit. Analysis IConclusions: Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 2 and 3. Particular issues are summarized below: l. Rehabilitation Strategies: Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial reconstruction, and full reconstruction. In each Zone, full and partial reconstruction or mill and overlay is proposed for the street identified on the attached area map. A fourth strategy, seal coating, is addressed under separate engineering reports when seal coating work is proposed. Staff uti lizes three methods in evaluating the condition of the street and determining appropriate treatment: I. Present physical structure (cross-section): Each street within the Zones have been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. 2. Non-destructive strength determination and condition rating: Braun Intertec, a geo-technical engineering consultant, conducted tests on all streets at 50-foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also develops their own pavement conditions index. 3. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quantity of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maximize the life of the street. 2. Utilities Replacement: Utilities have been reviewed in Zone 2 and 3 and the attached area map represents where staff is recommending replacement of water main. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in detem1ining utility replacements. Although the water mains were installed in the early to mid-1960's, replacement of these main is recommended due to the number of water main breaks experienced over the years. COUNCiL ACTION: - 54 - CITY COUNCIL LETTER Meeting of: 2/26/07 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2007-30 ACCEPTING THE BY: K. Young BY: FEASIBILITY REPORT FOR ZONE 2 & 3 STREET DATE: 2/22/07 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0702 Continued - Page 2 3. Assessment Methodology: Previously, street Rehabilitation Zones I, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zones 4, 5, 6A, 6B, 7A, 7B and lA, a "unit" assessment methodology was employed rather than using a "front foot" rate basis. The area of Columbia Heights in Zones I and 2 is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical fi'ont of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. The area in Zone 3 has primarily curved streets and uses only "street" frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a unit basis methodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent avenues receive, 4. Scope of Work: At the January 23, 2006 City Council meeting, staff recommended dividing Zone 1 into two zones along 45th Avenue. Zone lA south of 45th Avenue was included in the work done in 2006. At this time staffis recommending construction in Zone 1 B be delayedfor at least one year due to the possible redevelopment of that area andforfinancial considerations. (It is anticipated the infrastructurefundwill show a negative balance at the end of2007.) Reconstruction of University Avenue Service Drive from 40th to 451h Avenues has been prioritized by MnlDOT as third for a cooperative agreement grant. The funding for the grant will not be known until later in 2007, although staff has been informed by MnlDOT that the City's project should receive funding. Staff recommends this project be delayed until 2008 when the Mn/DOT financing is in place. 5. Financing: Street Rehabilitation Zone 2 and 3: The cost sharing policy provides a 50/50 cost share for full reconstruction streets, 70/30 for partial reconstruction and 85115 for mill & overlay. The estimated construction costs are as follows: I. Full street reconstruction: 2. Partial street reconstruction: 3. Mill & Overlay reconstruction: 4. Utilities: $ 189,395. $ 717,290. $ 106,110. $ ** COUNCIL ACTION: - 55 - CITY COUNCIL LETTER Meeting of: 2/26/07 AGENDA SECTION ORIGINA TING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2007-30 ACCEPTING THE BY: K. Young BY: FEASIBILITY REPORT FOR ZONE 2 & 3 STREET DA TE: 2/22/07 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0702 Continued - Page 3 Project funding is proposed as follows: Assessments: Infrastructure Fund (Construction): Infrastructure Fund (Engineering and Admin): Sanitary Sewer Fund: Water Construction Fund: Storm Sewer Fund: $ 708,285. $ 304,510. $ 101,275. $** $ ** $ ** The costs and associated funding for utility work (**) will be further developed during the final design. The City Council may want to consider adding a flat fee of 10% of the construction cost to the assessment amount to assess a portion of the Engineering and Administration costs. The affect on assessment rates is detailed on sheets 5 and 6 in the Feasibility Study. If a 10% fee was added, the funding would be revised to: Assessments: $ 779,115. Infrastructure Fund (Construction): $ 304,510. Infrastructure Fund (Engineering and Admin): $ 30,445. 6. Past Assessments: Zone 2 and 3 have areas that have had improvements assessed in the last 10 years on the proposed program area streets. 7. Concurrent Projects: None. 8. Utility Issues: Staff has evaluated both the sanitary sewer system and the storm sewer system for maintenance needs or improvements. The sanitary sewer main system has been cleaned and televised by staff and the reports indicate that overall the condition of the piping is acceptable with minor corrective recommendations by staff. The report does provide deficiencies several catch basins in Zone 2 and 3 and minor pipe replacements. Staff is recommending replacement of structures and piping due to deteriorated block or brick construction and concrete pipe. Staff has also conducted an age survey of water service lines in areas where the water main will be replaced and no sub-standard water service lines are anticipated. Staff recommends inoperable stopboxes be replaced and assessed to the benefiting properties for the actual construction cost. COUNCIL ACTION: - 56 - CITY COUNCIL LETTER Meeting of: 2/26/07 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2007-30 ACCEPTING THE BY: K. Young BY: FEASIBILITY REPORT FOR ZONE 2 & 3 STREET DATE: 2/22/07 DATE: REHABILlT A TlON AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0702 Continued - Page 4 9. Meeting Dates: Staff has established the following meeting dates: Resident Informational: Public Hearing: March sU" 2007 March 19th, 2007 Recommended Motion: Move to waive the reading of Resolution 2007-30, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2007-30, which accepts the Feasibility Report for Zone 2 and 3 Street Rehabilitation, City Project No. 0702, and calling for the Public Improvement Hearing beginning at 6: 15 p.m. on March 19, 2007. Attachments: Resolution COUNCiL ACTION: - 57 - RESOLUTION NO. 2007-30 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 2 AND 3 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0702 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-174, a report has been prepared by the City Engineer with reference to the Zone 2 and 3 area of the Street Rehabilitation Program, and WHEREAS, Zone 2 is bounded by Reservoir Blvd to Stinson Blvd, from 37th Avenue to 45th Avenue. WHEREAS, Zone 3 is bounded by Reservoir Blvd/Johnson Street/Central Avenue to Stinson Blvd., from 45th Avenue/4th Avenue to North Corporate Limit. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 26,2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $ 1,114,070. 2. A public hearing shall be held on such proposed improvement on the 19th day of March, 2007, in the City Council Chambers at 590 40th Avenue N.E. at 6: 15 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 26th day ofFebruary, 2007. Offered by: Seconded by: Ro II Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk - 58 - ~ City of Columbia Heights FEASIBILITY REPORT FOR 2007 STREET REHABILITATION IMPROVEMENTS: Zones 2 and 3 CITY PROJECT 0702 FEBRUARY, 2007 E}/GINEERING DEPARTME1VT 637 38th Avenue lYE, Columbia Heights, MN 55421 763-706-3700 ~:# 763-706-3701 (Fax) - 59 - STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ZONE 2 AND 3 PROJECT NUMBER 0702 LOCATION: ZONE 2 - AREA BOUNDED BY RESERVOIR BLVD TO STINSON BLVD, 37TH AVENUE TO 45TH A VENUE ZONE 3 - AREA BOUNDED BY CENTRAL A VENUE TO STINSON BLVD, 4 7TH A VENUE/45 TH A VENUE TO NORTH CORPORATE LIMIT This feasibility study includes an analysis of proposed street rehabilitation within Zone 2 and 3. IMPROVEMENTS: Full Street Reconstruction- Concrete curb and gutter, granular sub-base if needed, new aggregate base and new bituminous surfacing. Partial Street Reconstruction - Random curb and gutter replacement as required, granular sub-base if needed, new aggregate base and new bituminous surfacing. Mill and Overlay - Random curb and gutter replacement as required, and new] Yz" to 2Y:z" bituminous surface. Utility Construction - Water main construction and replacement as required to improve or maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. INITIA nON: City COlIDcil in accordance with the Street Rehabilitation Policy. OWNERS ABUTTING OR IMPACTED: Full Street Reconstruction - Zone 2 1. Ulysses Street Johnson Street to Cul-de-sac (22) I 60 - Partial Street Reconstruction - Zone 2 1. Tyler Street 41 5t Avenue to 42nd Avenue (20) 2. Polk Street 41st Avenue to 42nd Avenue (22) 3. Hayes Street 37'h Avenue to 41st Avenue (102) 4. Cleveland Street 39th Avenue to 40th Avenue (22) 41st Avenue to 42nd Avenue (15) 5. McKinley Street 39Y2 Avenue to 40th Avenue (11) Partial Street Reconstruction - Zone 3 1. Fairway Drive 49th Avenue to Fairway Drive (30) Mill and Overlay - Zone 2 1. Polk Street 2. 39th Avenue 3. 39Y2 Avenue 42nd Avenue to 43rd Avenue (16) Cleveland Street to McKinley Street (2) Cleveland Street to McKinley Street (9) Mill and Overlay - Zone 3 1. Tyler Street 49th Avenue to 50th Avenue (14) ISSUES: The following is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross section with concrete curb and gutter. The roadway width would generally match the existing street width. Partial Street Reconstruction The proposed roadway would consist of a new bituminous/gravel cross section, the width remaining the same. Existing concrete curb and gutter would be preserved except for sections with poor drainage. Driveway openings with drive- over curbs will be removed and replaced on a lineal foot cost at the request of property owners. Mill and Overlay The proposed construction would consist of milling up to 1 W' of bituminous cross section and paving a new 1 Yz" to 2W' bituminous mat. Existing concrete curb and gutter would be preserved except for sections with poor drainage. Driveway openings with drive-over curbs will be removed and replaced on a lineal foot cost at the request of property owners. Utilities Water main replacement is proposed for Ulysses Street (Zone 2) and Fairway Drive (Zone 3). Staff is not anticipating any water services will need to be replaced, however, the type and size of water service is field verified during construction. Any water service other than % " or larger copper is replaced. Inoperable stop boxes \:viH be repaired/replaced. 2 - 61 - FEASIBILITY: SCHEDULE: FINANCING: Storm sewer will be extended on Cleveland Street and 39~ Avenue from 40th A venue to Prestemon Park. This will complete the storm sewer construction for the Prestemon Park area. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Construction is scheduled to begin in late spring of 2007, with substantial completion occurring in the late summer of2007. Council receives draft Feasibility Report Council receives final Feasibility Report and orders Public Improvement Hearing Public Informational meeting prior to Public Improvement Hearing Public Improvement Hearing and Council orders Public Improvement Project Council Approves Plans and Specifications, Authorizes Advertisement for Bids Bid Opening Council Awards Contract Begin Construction Construction Completed February 21 February 26 March 8 March 19 March 26 May 3 May 14 June 4 August 3 I Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds (population apportionment), and utility funds. Zone 2 and 3 The estimated construction costs for each option are as follows: Full street reconstruction Partial street reconstruction Mill and overlay $ 189,395. $ 717,290. $106,110. Type of Construction Full Reconstruction Partial Reconstruction Mill and Overlay (Engineering and Admin) Proposed Assessments $ 94,710. $ 516,250. $ 97,325. Infrastructure Fund $ 94,685. $ 201,040. $ 8,785. $ 101,275. 3 - 62 - ASSESSMENT: Zone 2 and 3 If the City Council chooses to add a flat fee of 10% of the construction cost to the assessment amount to assess for a portion of the Engineering and Administration costs, the estimated costs for each option are as follows: Type of Construction Full Reconstruction Partial Reconstruction Mill and Overlay (Engineering and Admin) Infrastructure Fund $ 94,685. $ 201,040. $ 8,785. $ 30,445. Proposed Assessments $ 104,180. $ 567,875. $ 107,060. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed as part of the Zone 2 and 3 project will be paid for from the appropriate utility fund. Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while A venue assessments would be at approximately 1/3 of the street rate extending Y2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the A venue. 4 - 63 - 2007 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 0702 ZONES 2 AND 3 STREET REHABILITATION PROGRAM (Sections 25 and 36, T30N, R24W) I. FULL RECONSTRUCTION Estimated Cost: Assessable Construction Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: II. PARTIAL RECONSTRUCTION Estimated Cost: Assessable Construction Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: III. MILL AND OVERLAY Estimated Cost: Assessable Construction Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: 5 - 64 - $ 208,335. $ 94,710. $ 3,465. $ 1,155. $ 789,015. $ 516,250. $ 2,697. $ 899. $116,720. $ 97,325. $ 1,497. $ 499. 2007 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS WITH ENGINEERING - PROJECT NO. 0702 ZONES 2 AND 3 STREET REHABILITATION PROGRAM (Sections 25 and 36, T30N, R24W) I. FULL RECONSTRUCTION Estimated Cost: Assessable Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: II. PARTIAL RECONSTRUCTION Estimated Cost: Assessable Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: III. MILL AND OVERLAY Estimated Cost: Assessable Cost: Estimated Assessed Cost per Parcel Residential Street: Residential Avenue: 6 - 65 - $ 208,335. $ 104,180. $ 3,813. $ 1,271. $ 789,015. $ 567,875. $ 2,967. $ 989. $ 116,720. $ 107,060. $ 1,647. $ 549. ~007 PROPOSED PROJECTSI I STREET REHABILITATION ZONE 2 AND 3 LEGEND Full Street Reconstruction .. no Partial Street Reconstruction Mill and Overlay - Water Main Replacement NOTE: The proposed Sanitary Sewer, Storm Sewer, and Water Service construction is not shown. OF COLUMBIA HEIGHTS GIS I ENGINEERING DEPARTMENT February, 2007 K