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Home My WebLink AboutJanuary 28, 2008 RegularCITY OF COLUMBIA HEIGHTS Mat,o,. Gang L. Peterson 590 40"' Avenue NE, Columbia Heights, MN 55421-38'78 (763)706-3600 TDD (763) 706-3692 Couucilmembers iiish our website at: rviaw.~~i.crllzamhia-faei«kis.rartt.rrs Robert .9. F('i[liams Brace Nawrocki Tmnmera Diehm Bruce ICe(zenberg City Manaeer R'alter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, January 28, 2008 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. (TDDi 706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALL/INVOCATION Invocation by Pastor Bill Hugo, St. Matthew Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS PRESENTATIONS, RECOGNITION ANNOUNCEMENTS AND GUESTS A. New Employee Introduction Adam Cordes, Maintenance Worker Wayne Faue, Maintenance Worker 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. Approve minutes of the January 14 2008 Columbia Hei htg s City Council meeting. p5 MOTION: Move to approve the minutes of the January l4, 2008 Columbia Heights City Council meeting. B. Establish a public hearing date on the basic services programming and equipment rates and installation chafes Comcast calculated in its March 2007, rate filing. p23 MOTION: Move to establish a public hearing date of Monday, February 25, 2008, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. City Council Agenda Monday, January 28, 2008 Page 2 of 4 C. Adopt Resolution No 2008-26 being a Resolution authorizi~ application to the Metropolitan Council Environmental Services for Drain Tile Disconnection Grant Pro rg am. pas MOTION: Move to waive the reading of Resolution No. 2008-26, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-26, being a Resolution authorizing the Public Works Director to submit an application to the Metropolitan Council Environmental Services for Foundation Drain Tile Disconnection Grant Program funds and designate the Director of Public Works as the primary contact for the program. D. Acceptance of Final Park Plans and Authorization to Seek Bids for Sullivan Lake Park and Silver Lake Beach p29 MOTION: Accept the Final Park Plan(s) prepared by Brauer and Associates for Sullivan Lake Park and Silver Lake Beach and authorize the advertisement of public bids. E. Annrove purchase of replacement vehicle for vehicle #410 with a 2008 Ford Escape SLS U92. p3 0 MOTION: Move to appropriate funds in 431 General Capital Equipment Replacement Fund and to authorize the Mayor and City Manager to enter into an agreement for the purchase of a 2008 Ford Escape XLS U92 for a price of $16,275.00 plus tax, license, registration ($1,095.50) and modifications for mounting and powering the mobile computer ($500.00). F. An>7roval of the reissue of rental license to L & P Asset Holdings LLC at_the. property located at 4502 Washington Street N.E. pia MOTION: Move to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street N.E. in that the provisions of the residential maintenance code have been complied with. G. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. p33 MOTION: Move to approve the items listed for rental housing license applications for January 28, 2008. H. Approve payment of the bills. p36 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124416 through Check Number 124598 in the amount of $2,104.825.99. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Ordinance #1533: Excel Franchise Agreement p44 MOTION: Move to waive the reading of Ordinance #1533, there being ample copies available to the public. MOTION: Move to adopt Ordinance #1533, being an Ordinance adopting a franchise agreement with Xcel Energy for the City of Columbia Heights. B. Bid Considerations City Council Agenda Monday, January 28, 2008 Page 3 of 4 Adopt Resolution 2008-25, Budget Appropriation, and Award Consultant Contract for Point of Sale Implementation Psi MOTION: Move to waive the readuig of Resolution 2008-25, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-25, a Resolution authorizing a $20,400 special appropriation from Fund 201 to allow payments for Point of Sale consultant work. MOTION: Move to award a Point of Saie consultant contract in the amount of $20,400 to Bennett Community Consulting, per a Scope of Services dated January 4, 2008. C. Other Business Public Safety facility 7. riTnI~IC iiEHRil`•1i S A. Revocation of the license to operate a rental unit within the City of Columbia Hei hg is is Pal requested against rental properties at Resolution No. 2008-21 - 4455 Main Street Resolution No.2008-22 - 669 46th Avenue Resolution No.2008-23 - 4641-43 Taylor Street Resolution No.2008-24 - 3806 Gauvitte Street Resolution No.2008-15 - 1000 Peters Place Resolution No.2008-17 - 657 47th Avenue for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-15, 2008-17, 2008-21, 2008-22, 2008-23, 2008-24 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-15, 2008-17, 2008-21, 2008-22, 2008-23, 2008-24 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. B. Declaration of a nuisance and abatement of violations within the City of Columbia Heiuhts is requested re ag rding_property at 955 43rd Street, Resolution 2008-09, for failure to meet the requirements of the Residential Maintenance Code. P84 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-09 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-09, a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 8. ADMINISTRATION Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM City Council Agenda Monday, January 28, 2008 Page 4 of 4 At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOU//RNIVIEN~ `,~ f Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 14, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, r..___„„.. y n ~nno :r ,t, ,. r:... r,.._„,,:t n>,,,,.,r,,...,. r:~„ u.,tt cnn nn~t. n,,,,r,,,, r.r t/ r„1,,,,,1-,:., uo;..t,~~ .1Q11UQly lY, GVVV 111 1116 t. rL~' t.V Ulll.11 VrrCi111Ut.l J, l.~ll~' 1.1Qll, J7V -rV L11 AV V1rUl+ 1V.L., UV1U111V 1GL 111.1, 111 J, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bill Hugo, St. Matthew Lutheran Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Number 2008-12, revocation of license, in that the property has been brought into compliance. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS St. Matthew Lutheran Church 75 year anniversary Proclamation - Mayor Gary Peterson read the Proclamation and presented it to Pastor Bill Hugo and Jan Balke, President of the Church Council. Pastor Hugo thanked the Council for this honor. Ms. Balke invited residents to attend any of their events. Mayor Peterson indicated his pleasure to have attended one of their stage performances. Nawrocki spoke of the passing of Mitch DeMars, who worked for the city for approximately 30 years and was a volunteer fire fighter for many of those years. Seven members of the DeMars family have served in our fire department. Mitch also served on our Police and Fire Civil Service Commission. Nawrocki refereed. to himself as a very active member of this City Council and to his diligence on city finances. He indicated that his concerns are not personal with Councilmembers or staff. He refereed to the benefits of differences of opinion and indicated his desire that comments not be taken personally. Peterson indicated that Mitch DeMars was a great friend, great employee, and great person. Peterson indicated that he was active to the end on the Police and Fire Civil Service Commission. CONSENT AGENDA Walt Fehst, City Manager took Councilmembers through the Consent Agenda items. A. Annrove minutes of the December 10, 2007 Columbia Heights City Council meeting. Motion to approve the minutes of the December 10, 2007 Columbia Heights City Council meeting. B. Accept meeting.~minutes of Columbia Heights Boards and Commissions. Motion to accept the minutes of the October 2, 2007 Library Board meeting. Motion to accept the minutes of the November 6, 2007 Library Board meeting. Motion to accept the minutes of the January 2, 2008 Planning and Zoning Commission meeting. Motion to accept the minutes of the December 4, 2007 Library Board meeting. C. Establish City Council meeting dates for 2008. City Council Minutes Monday, January 14, 2008 Page 2 of 18 Fehst noted a proposed change to remove the third Monday of the month work session. If there is need of a work session, which are open to the public, Council may choose to meet one hour prior to the fourth Monday regular City Council meeting. The regular work session is scheduled for the first Monday of the month at 7:00 p.m. Nawrocki thanked Councilmembers for this consideration, which would allow kiln to attend the meeting of the civic organization he is involved in, and he considers this a personal favor. Fehst stated that a work session is scheduled for Tuesday, February 22 with the following agenda: 1. Sullivan Shores town-homes, 2. Maintenance code/emer°gency abatements. 3. Anoka County Sheriff s proposal for police services. Nawrocki requested a review of the time officers spend on individual calls. Fehst stated that Acting Chief Roddy did review the proposal and will be prepared to speak to this. 4. Point of Sale Consultants RFP's for basic safety and health requirements. Nawrocki asked what we did to get proposals, how other conununities developed their ordinances, if they did so without consultants, and as this was not in the budget, what would be removed from the budget to go through this process. He stated that reaitors have the responsibility of disclosure to potential buyers and they would like to pass that onto the City. 5. Jackson pond retaining wall concerns. 6. Review of final plans -Silver Lake Park and Sullivan Shores Park. Motion to accept the 2008 Work Session calendar as proposed. D. Appoint Mayor and City Mangier to the Columbia Heights Firefighters Relief Association Board of Trustees for 2008. Motion to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2008. E. Authorization to seek bids for 2008-2009 Diseased Tree Removal Progr, am Nawrocki indicated that there is such a company in Columbia Heights and asked that they receive a request for proposal. Motion to authorize staff to seek bids for the 2008-2009 Diseased Tree Removal Program. F. Authorization to seek bids for 2008 Miscellaneous Concrete Replacement and Installation Protect Motion to authorize staff to seek bids for the 2008 Miscellaneous Concrete Replacement and Installation Project. G. Approve Public Works Blanket Orders for 2008 Purchases. Nawrocki asked that a competitive bid from all possible suppliers be obtained. Motion to authorize staff to process blanket purchase orders in an amount not-to-exceed the 2008 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract, Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement, and Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt or Bituminous Roadways or C.S. McCrossan. H. AdoRt Resolution No 2008-18 being a Resolution ordering Preparation of Feasibilit~Report(s) for Zone 1B, 2, and 3A Seal Coating Project #0801 Motion to waive the reading of Resolution 2008-18, there being ample copies available for the public. 6 City Council Minutes Monday, January 14, 2008 Page 3 of 18 Motion to adopt Resolution 2008-18, being a Resolution ordering the preparation of a report for proposed Zone 1B, 2 and 3A Street Seal Coat Program, Project #0801. RESOLUTION NO. 2008-18 BEi1vG A KEJOLUlIOiV ORDERING THE PREPARATION OF A REPVRT t'VK Tti~ ZONE 1 B, 2, AND 3A SEAL COAT PROGRAM CITY PROJECT - NO. 0801 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 1B, 2 and 3A that have not been rehabilitated under the street program. WHEREAS, the City Counci] intends to assess the benefited property for al] or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011. to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2008-01 ZONE 1B 2 AND 3A SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CTI'Y COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed ~l•T~l~pl'!~\/P~'~'2P~1}v arP ~l P(•`PCC~'at'y ~oSt PffP~}iVP and fPa~i b1P and aC t!l tx/}tether i} Cll (1711l~ LiPgt }JP made aC prllp QCP(~ or 111 connection with some other improvement, and the estimated cost of the improvement as recommended. Approve Liduor Store Project Change Orders and Purchases Fehst referred to the pipe fitters union protesting work being done at the new building. We require prevailing wage be paid on the project. The refrigeration contractor was required to prove payment of comparable wage. They were paying $5 more an hour than required of millwrights. The union felt the work was pipefitting work and should have been $1.50 more an hour. They wanted to make a point with this contractor. Nawrocki stated that we were not required to require prevailing wage, but we did on this project. Bill Eirite, Finance Director, stated that a contingency budget of $300,000 was suggested by the architect; with current change orders at $108,000. This request is for change orders for electric, HVAC, security items, changes to the monument sign, and changes to the signs on the building. Motion to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change orders totaling $47,596.56. Motion to rescind the previous authorization to purchase shelving from AA Equipment Company and authorize the Mayor and City Manager to enter into an agreement with Accent Store Fixtures far shelving and checkout counters in the amount of $55,390.25. Motion to authorize the Mayor and City Manager to enter into an agreement with Retail Information Technology Enterprises for the purchase of point of sale software in the amount of $29,717. J. Adopt Resolution No. 2008-19, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. Fehst stated this is for $300,000 in improvements, at no cost to us. Motion to waive the reading of Resolution No. 2008-19, there being ample copies available to the public. Motion to adopt Resolution No. 2008-19, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. City Council Minutes Monday, January 14, 2008 Page 4 of 18 RESOLUTION NO. 2008-19 A RESOLUTION SUPPORTING THE ANOKA COUNTY FEDERAL RECREATION TRAIL GRANT APPLICATION FOR TRAIL IMPROVEMENTS IN KORDIAK COUNTY PARK, ANOKA COUNTY, MINNESOTA WHEREAS. Anoka County is annlvin~ for a Federal Recreation Trail Grant from the Minnesota Denartment of Natural Resources for Trail Improvements to Kordiak County Park; and WHEREAS, Anoka County is committed to improving the quality of recreation facilities and enhancing natural resources within the county; and WHEREAS, the trails in Kordiak County Park, located within the City of Columbia Heights is in nezd of physical improvements; and WHEREAS, the City of Columbia Heights recognizes the recreational benefits of these improvements; and WHEREAS, protecting natural resources and providing open space is of high priority to the area residents and. the City of Columbia Heights, NOW THEREFORE, BE IT RESOLVED, that the City of Columbia Heights supports Anoka County's Federal Recreational Trail Grant Application to the Minnesota Department of Natural Resources to fund trail improvements at Kordiak County Park. K. Request for Elected Official Out of State Travel -Nawrocki Motion to approve attendance of Councilmember Nawrocki at the 2008 National League of Cities Congressional City Conference in Washington DC, March 8 to March 12, 2008, as budgeted monies are available and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of--state travel by city employees. L. Approve reissue of rental license at 3806 Jackson Street. Motion to issue arental-housing license to Eric Russell to operate the rental property located at 3806 Jackson Street N.E. in that the provisions of the residential maintenance code have been complied with. M. Approval of the attached list of rental housing license applications. Motion to approve the items listed for rental housing license applications for January 14, 2008. N. Approve Business License Applications Motion to approve the items on the business license agenda for January 14, 2008 a presented. O. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check. Number 123991 through Check Number 124415 in the amount of $3,985,709.56. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items as presented. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Ordinance 1534 for the Rezonin o~ f Property at 4438, 4442 and 4446 Central Avenue. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1534, there being City Council Minutes Monday, January 14, 2008 Page 5 of 18 ample copies available to the public. Nawrocki officer of this organization abstained from the votes. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes -one abstention. Motion carried. Motion by Diehm second by Williams, to adopt Ordinance No. 1534, rezoning the properties located at 4438 Central Avenue, 4442 Central Avenue, and 4446 Central Avenue from "Limited Business District" to "General Business District". Upon vote: Kelzenberg, aye; Williams, aye; Dielun, aye; Nawrocki, abstain; Peterson, aye. 4ayes -one abstention. Motion carried. ORDINANCE 1534 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4438, 4442 AND 4446 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of nonconfonnities; and WHEREAS, the rezoning of the subject parcels will bring an existing use into compliance with the Zoning Code; and WHEREAS, the City of Columbia Heights recognizes Central Avenue is a major commercial corridor in the City and Comprehensive Plan goals focus on Central Avenue redevelopment; and WHEREAS, the City of Columbia Heights recognizes that the LB. Limited Business District zoning is restrictive in the types of commercial uses it allows along Central Avenue; and WHEREAS, rezoning the subject parcels from LB, Limited Business District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. B. Bid Considerations Acceptance of bids and award of Sewer Televising_Inspection System to Cues of Orlando, Florida. Peterson asked how an out of state contractor could get the bid. Hansen stated that there were three bids received and in this case the company bid rather than the local vendor. Motion by Williams, second by Diehm, to accept bids and award the contract for the purchase of a Sewer Televising Inspection System to Cues of Orlando, Florida in the amount of $116,000 for the base bid and accepting Alternate 1 in the amount of $9,150 for a total contract of $125,150; and, authorize Mayor and City Manager to enter into a contract for the same and to appropriate funds from the Sewer Capital Equipment Replacement Fund. Upon vote: All ayes. Motion carried. C. Other Business 1. Adopt Resolution No. 2008-20, being a Resolution in support of building one gym with city money at the site of School District #13 on 49th Avenue. Fehst referred to all the time spent on this project by committee members and indicated the Councilmember's appreciation to the Community Center Advisory Committee. He stated that staff will enter discussions with the YMCA for a possible partnership. Fehst read Resolution No. 2008- City Council Minutes Monday, January 14, 2008 Page 6 of 18 20, being a Resolution in support of building one gym, with city money, at the site of School District #13 on 49th Avenue. Nawrocki stated his pleasure to see this resolution. He is on record. as opposing Council action to build a community center without a referendum, and in favor of a second gym at the High School, as it is a cost effective action. This does not say we will build a second gym, but attempt an agreement on a Joint Powers Agreement. Motion by Nawrocki, second by Williams, to adapt Resolution No. 2008-20, being a Resolution in support of building one gym with city money at the site of School District # 13 on 49th Avenue. Diehtn wished to express the Council's appreciation to the citizens that worked on the committee. This resolution shows our commitment to work with the School District. Diehm indicated that she looks forward to the progress reports. Dorothy Penate, 4900 Jackson Street, stated that she served on the committee and indicated her commitment from the beginning to work with the high school. She indicated her pleasure that the City Council is taking this step and her desire that the community reach their needs, including a public safety building. Peterson stated that Councilmembers are excited about this step forward in the right direction. The new School Superintendent is wonderful to work with and the School Board is interested in this. This will give our youth a place to go. Peterson indicated his desire that citizens feel comfortable to use the facility also. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-20 RESOLUTION IN SUPPORT OF BUILDING ONE GYM WITH CITY FUNDS AT THE SITE OF SCHOOL DISTRICT #13 ON 49TH AVENUE Whereas the Columbia Heights City Council (CHCC) has spent the last several years analyzing the need for additional gyrn space, and Whereas the CHCC established a 36 member Activity Center Advisory Committee (ACAC) on April 10, 2006 to assess the need for this gym space and additional community activity space to include swimming pools, weight room and exercise machines, etc., and Whereas the ACAC has spent countless hours and has done an excellent job in assembling a number of viable alternatives and ultimately determined and forwarded its recommendation to the CHCC on December 17, 2007, and Whereas the CHCC has had independent discussions with the Metro Area YMCA and, in fact, had entered into acost- sharing arrangement to consider the viability of building a joint facility with the City here in Columbia Heights to include a gym(s) and swimming pools typical of other suburban YMCA projects, and Whereas, the CHCC has had on going discussions with Columbia. Heights School District #13 over the past year about the possibility of adding one additional gym to their proposal to build one gym at the Columbia Heights High School, and Whereas, at this time, the City Council has had adequate time and resources using due diligence to weigh the various alternatives, and Whereas the CHCC, in weighing its decision, has considered desired service levels of the various alternatives, site selection, cost in order to maximize limited resources, the timing and the immediacy of need of some of the basic gymnasium space that initiated these independent studies, and 10 City Council Minutes Monday, January 14, 2008 Page 7 of I8 Whereas, in order to optimize all of these factors in serving the needs of all of Columbia Heights citizens. Now therefore, the Columbia Heights City Council agrees to proceed in the following ways: 1. The CHCC directs the City IVlanaaer and an»mnriate staff (Recreation. Puhlic. Works. C»mrnunity Develnnment_ Finance} to proceed to negotiate with the administrators of School District #13 and the consultants selected previously by the School District to add one additional gymnasium to the site selected by the School District at the North end of the High School property at 49"' Avenue. The negotiations with District #13 should result in a Joint Powers Agreement that is mutually agreeable to both parties (the City and the District) and that ultimately accrues to the benefit of all the citizens of Columbia Heights. 2. The CHCC directs that Mayor Gary L. Peterson be appointed. as the Council representative to the administrative team of the City and. any joint committee of school district and city officials to review and ultimately to submit the Joint Powers Agreement to the City Council for approval. 3. It is the CHCC's intent to proceed as judiciously as possible to the successful completion. of this construction project for both the Council and School District. To that end, the Council. is to be kept apprised through regular progress reports on the resolution of issues in the Joint Powers Agreement. 4. Finally, it is the CHCC's hope and desire to see this project built. Ultimately, the totality of the project will include two new gyms, upgraded men's and women's locker-rooms, a relocated exercise space and upgraded swimming pool facilities. A successful project, in the Council's mind, would allow the most flexibility and reg atest utilization. in the use of all of these facilities by the citizens of Columbia Heights. Ongoing operational costs should be addressed in the agreement based on usage, space, etc. Whatever ultimate oversight committee structure is determined to review and approve budgets for this combined facility, District #13 and the Columbia Heights City Council both recognize the opportunity and the responsibility to create and operate this space in the public's interest. We should, and will attempt in good faith, to work through differences both now and in the future to make this facility a source of community pride and an example to all citizens of this successful collaboration. Public Safety facility update Fehst stated that the City Council discussed the possibility of working with the YMCA for one of then- facilities and to find if they are interested to build in our town. It is our intent to meet with them to discuss their "premier" site, which is also a premier site for the public safety facility. Staff has been asked to work with Buetow and Associates on elevation concerns at the NEI site. We would not be locked into this firm for final plans and design. PUBLIC HEARINGS A. Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding}property at: • 4217 Central Street, Resolution 2008-03 -Fire Chief Gary Gorman indicated the need to repan• soffit and facia. • 5045 Johnson Street, Resolution 2008-04 -Gorman stated there are damaged garage panels and other repairs necessary. • 4044 2nd Street, Resolution 2008-OS - Gorman indicated there is outside storage on the property. Nawrocki questioned if that includes the boats on the driveway. Gorman stated that if they are on the driveway they are ok. • 1220 42-''/z Avenue, Resolution 2008-06 -Gorman stated there is a collapsed retaining wall and the property is vacant. Nawrocki stated the house is for sale and asked what happens if the ownership is changing. Gorman stated that anything written up on the property has to be disclosed to the buyer. The abatement will be done regardless of their process. • 4641-43 Taylor Street, Resolution 2008-07 -Gorman stated there is outside storage on the property. This type of item would be included in the proposed emergency abatement requiring removal in 72 hours. 11 City Council Minutes Monday, January 14, 2008 Page 8 of 18 • 4040 2nd Street, Resolution 2008-08 -Gorman stated there is outside storage on the property. • Resolution 2008-09 -removed • 1308-10 Circle Terrace Boulevard. Resolution 2008-10 and 1316-18 Circle Ten•ace Boulevard, Resolution 2008-11 -Gorman stated that these two properties are in foreclosure. We received a call of water running from frozen pipes fi-om 1316-18 Circle Tei•tace Boulevard. There were natural gas smells. Two of these units were unsecured. Deb Joluison, 4626 Pierce Street, asked if the repairs are taken care of administratively and if a follow up report could be given when completed. Gorman stated that could be done on large abatements. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-03, 2008-04, 200$-O5, 2008-06, 2008-07, 2008-08, 2008-10, 2008-11 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2008-03, 2008-04, 2008- 05, 2008-06, 2008-07, 2008-08, 2008-10, 2008-11, a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolutions ~~zay be found at the ei2d of this document. B. Revocation of the license to overate a rental unit within the City of Columbia Heiuhts is requested against rental properties at: • 4901 5th Street, Resolution 2008-12 REMOVED • 1200 Circle Terrace, Resolution 2008-13 -Gorman stated the property owner has not submitted their application and have not scheduled an inspection. • 941 45th Avenue, Resolution 2008-14 -Gorman stated the property owner has not submitted their application and have not scheduled an inspection. • 1000 Peters Place, Resolution 2008-15 -Gorman stated that this license was revoked at the end of last year. These are additional items requiring repair. A conhact for window replacement was received today. He suggested tabling this Resolution for one month to see if the work is completed. The original 60 days is expired to vacate the building, but that has not been enforced. Peterson reiterated the understanding that this building should then have new windows in three weeks. Peterson questioned the status of current residents. Gorman stated that we could tag the owners for having residents in an unlicensed facility. Jim Hoeft, City Attorney, indicated that tabling the property is the best approach. It can be tabled to the next meeting, even though we know the contract will not be complete. Motion by Williams second by Kelzenberg to table. Upon vote: All ayes. Motion carried. • 1272-74 Circle Terrace Boulevard, Resolution 2008-16 -Gorman stated that the front steps need repair, as do some storm windows. Ken Williams, 1272 Circle Terrace, stated that the property went up for Sheriff's sale this morning. Peterson indicated that if revocation is approved, it would allow 60 days before it is illegal to live in the building. Gorman stated that the Sheriff s sale allows for a six month redemption. We normally do not tag or evict the tenants, however if the utilities are not paid they would be removed. Williams stated that they pay their own utilities. Gorman listed contacts to seek legal advice. Hoeft stated there are two difJ'erent issues; with the foreclosure, they should 12 City Council Minutes Monday, January 14, 2008 Page 9 of 18 contact a housing service, and for the revocation there is a 60 day period and the rental rights can be revoked. Nawrocki asked the attorney to suggest specific legal services. Hoeft indicated the JudiCare Service at Anoka County. There are other options fiom the County Bar Associations, State of MN, etc. Gorman stated that the Attorney General's Office also has information available. Diehtn gave him a phone number to contact for help. Nawrocki questioned who the renters pay the rent to during the redemption period. Hoeft stated that it should be paid to the owner during that time or there are other options, such as through the court system. Hoeft suggested the renter call the number given to him and obtain the pamphlet described. • 657 47th Avenue, Resolution 2008-17 -Gorman refen-ed to decking issues. They have contacted us and can receive a seasonal extension, as most of the wood has been replaced. The tree stump was not removed. They indicate it was difficult to fmd someone to remove the stump this time of year. Mrs. Le, owner of the property, indicated that she contacted three or four stump companies and were unable to get the work done. She obtained additional names fiom the fn-e department and has called some of them. Some companies do not do this type of work in the winter. She indicated that the deck was repaired. Gorman suggested tabling this item. Kelzenberg suggested a seasonal extension. Motion by Williams, second by Kelzenberg, to table license revocation of 657 47`'' Avenue, Resolution No. 2008-17, to the next meeting. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-13, 2008-14, 2008-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2008-13, 2008-14, 2008-16 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Resoluti.o~zs nay be foi~~zd at the end of the document. ADMINISTRATIVE REPORT Report of the City Manager • Staff will meet with YMCA representatives this week. Nawrocki requested that when the City Manager is out of town, that he notify members before he leaves, not when he leaves. There was a story in the Metro Council newsletter regarding matching grants for local spending to disconnect sanitary sewer drains. He indicated that we should try to take advantage of the program. Fehst stated there have been other articles on disconnects and he will talk to Hansen on this. Report of the City Attorney -nothing to report. CITIZENS FORUM 13 City Council Minutes Monday, January 1.4, 2008 Page 10 of 18 Bob Odden, 1.201. 42'/z Avenue, spoke of foreclosures being a problem. He referred to government greed to tear down buildings and build bigger ones for tax purposes. He referred to the city taking his tax money for TIF and for condos that don't sell and then are rented. The high foreclosure rate is because of politicians that do not understand the market. Columbia Heights should be family oriented and affordable. Nawrocki asked Mr. Odden if he was refen•ing to abatements. Odden stated he is refet7-ing to foreclosures in general. Nawrocki stated it is a problem that rents have come down, and people depended on values increasing. Nawrocki indicated that no more than five percent of the units in the old industrial park project are allowed to be rental. The city has limited ability to influence the price of homes. COUNCIL CORNER Kelzenberg • Read an item from the Green Sheet regarding the excellent response from our officers. • Hope everyone has a happy new year. Williams • It is a shame that Mitch DeMars passed and he will be missed. Reminded us that the young rnc~y die, old must die. We need to take live seriously, but also enjoy life. • Glad the resolution to work with the school passed, we need to work with our schools for our children. • We have to take pride in our city. When he began on the Council there was division between the City and the School District. Stated his pleasure with this progress. • Excited to hear that the Library is excited to work with our vision of a Public Safety building. There is no need for a referendum. Why worry about what has not been decided. • Wished everyone a healthy, prosperous new year. Diehm • Important that we publicize school events. She and Nawrocki attended the performance of "You Can't Take It With You". Encouraged attendance of school events. • Was appointed. to the Met Council's Land Use Committee. The purpose is for insight from different regions and to bring information back to the city councils regarding land issues. Nawrocki • Respectfully disagreed regarding a possible referendum for a community center, as citizens have strong feelings about this, including how it would be financed with bond issues that preclude referendums. • Represents the city on the NorthStar Rail committee. This is moving along and may be in operation by 2009. There will be limited access of service for Columbia Heights, but we will be required to pay the taxes to fund it. • Attended annual legislative meeting with four local Chamber of Commerce's present. State Representative Carolyn Larne was in attendance. Health care was discussed. Also discussed was the Free2B program, which helps single mothers by giving them donated cars. 37 percent of those helped in Anoka County come from Columbia Heights. • Attended a meeting on transportation last week, which indicated the need for about $4 billion. and indicated that the State has a $3 to $4 million estimated budget shortfall. 14 City Council Minutes Monday, January 14, 2008 Page 11 of 18 • Indicated strong feelings about the fiscal concerns of our community and looks to staff to make recommendations with pertinent information on the expenditures to use the most cost effective methods available. Peterson • Re: economic concerns -staff does the best job that can be done obtaining bids, etc. • Remember our service men and women. Thank them for their service to our country. • Do a random act of kindness and don't take yourself too seriously. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:48 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2008-03 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 Steven A. Boyd (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4217 Central Avenue 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 December 13, 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 September 18, 2007 an inspection was conducted on the property listed above. Inspectors found. two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 1, 2007 and again on November 6, 2007 the homeowner called and requested and was granted time extensions to complete repairs. 3. That on December 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and. statement of cause was mailed via regular mail to the owner listed in the property records. 4. That on January 3, 2008 inspectors reinspected the property and found that one violation remained uncorrected and gave a seasonal extension on the other violation. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the soffit and fascia that is falling off and rotten 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section. 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4217 Central Avenue 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 4217 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 15 City Council Minutes Monday, January 14, 2008 Page 12 of 18 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-04 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving ahate~nent of nrrtinancP vinlatinnc nurcnant to Chanter R Artirle iT of Pity (''nrte of the »rnnerty rnunarl by Ta11lPC T Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson 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 November 26, 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 11, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 26, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 28, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the damaged garage panels and shall repair the corners of the garage on the southwest side 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 5045 Johnson 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 5045 Johnson 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. RESOLUTION 2008-OS 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 Kelly Knoph (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4044 2"d 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 November 26, 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 15, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 16 City Council Minutes Monday, January 14, 2008 Page 13 of 18 3. That on January 2, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of t~,;~ ~,o.,,.;.,,..,,,,..,..a;,,,. t,..~,o ~..,,.,;~;,.,,~ ,.Ftwo r;«.. r„ao co,.+;,.„ a ~n~r n ~ .,„a 4 ~n~rR~ uuo ii wi uis uwuiwus w uiv. F"vvioi vein vi ~u~,. ~.uy ~..vu>. ~rwuvai u.~uu~e>~ wau u.~.uu~a~~. CONCLUSIONS OF COUNCIL I. That the property located at 4044 2"d 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 4044 2"d 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. RESOLUTION 2008-06 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 Wilfred Cooke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1220 42- '/>_ Avenue 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 November 26, 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 17, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 26, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 2, 2008 inspectors reinspected the property and found that one violation remained. uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair or replace the retaining wall in the back yard that has collapsed. 5. That all patties, 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 1220 42-''/z Avenue 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 COUNCII. 1. The property located at 1220 42-''/z Avenue 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. RESOLUTION 2008-07 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 Riaz Shad (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real properly located. at 4641-43 Taylor Street N.E. Columbia Heights, Minnesota. 17 City Council Minutes Monday, January 14, 2008 Page 14 of 18 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 December 13, 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 28, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on December 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 3, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, includine the owner of record and anv occupants or tenants. have been eiven the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and. 8.206(B). v CONCLUSIONS OF COUNCIL I. That the property located at 4641-43 Taylor 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 I. The property located at 4641-43 Taylor 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. RESOLUTION 2008-08 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 Jose M. Romero (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4040 2°d 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 November 27, 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 I5, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained. uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 2, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 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 4040 2"d 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. 18 City Council Minutes Monday, January 14, 2008 Page 15 of 18 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 4040 2"a Street N.E. constitutes a nuisance pursuant to City Code. 7 That o rnawnfthic nr`lPr chill hA a.l , ., 11 role r,t, .,r+la „,1 .. r+:o ..+o.-o..+ .... ~....... ......,}.~ ..uo v., uv., ~uu„ v.. o.., ..,u apc„ u,a av,a ~.vuaa, liua u~.$ auu raauw in Ln~.a ~.oa. RESOLUTION 2008-10 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 Ron Holmes for Homeowners Education Family Trust #342 (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-10 Circle Terrace Blvd. 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 8, 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, 2008 the Fire Department responded to the property next door on an emergency call While next- door firefighters smelled natural gas between the buildings located at 1310 and 131.6 Circle Terrace Blvd. Upon further investigation firefighters found the 1310 side vacant and unsecured. Firefighters made entry into the structure to try and locate the source of the natural gas smell. Once inside the tenant from the 1308 side approached the firefighters and verified that no one lived in the 1310 side. 2. That on January 5, 2008 the Fire Department called the responsible person for the property and advised him of the situation. Mr. Ron Holmes stated that the buildings were in the foreclosure process and he would not respond out to secure the buildings. The Fire Department contacted the Public Works on-call personnel whom responded and boarded up the structure to prevent access to the 1310 side. 3. That on January 7, 2008 the Fire Department, under the Building Officials authority, posted the 1310 side uninhabitable. The Public Works Department was contacted and could not shut the water off at the stop-box to this building due to the building being occupied. 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: Approve the immediate abatement of the uninhabitable structure located at 1310 Circle Terrace Blvd. N.E. 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 1310 Circle Terrace Blvd. 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 1310 Circle Terrace Blvd. 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. RESOLUTION 2008-11 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 Ron Holmes for Homeowners Education Family Tnl t #342 (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1316-18 Circle Ten•ace Blvd. N.E., Columbia Heights, Minnesota. 19 City Council Minutes Monday, January 14, 2008 Page 16 of 18 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 8, 2007. T~i~, rl,P of r ram .;tl, rl,o f ,- ra ..it ..,7:., _a _ ,.t.. ,.r«t._ r:.. ,.rn..t..._..t:,. rT_:~t_. .t__ ,.,, ,,.,,.,..,,e, :,, uwv,uuu.... vv,,u u,a, ,v,egvii^.g, a„u ai, vtutuaitCCS auu tCgwativrtS ut tuc an'y' ut ~ utuututa xxctgutS, utc City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on January 5, 2008 the Fire Department responded to the property listed above for water flowing out of the structure. On scene firefighters noticed water flowing from the home. The structure is listed in Fire Department records as vacant and firefighters found the 1318 side open and unsecured. Firefighters had. to force entry on the 1316 side to gain access to the water meter and shut off the water to the building. The building was not winterized and numerous water pipes were broken. 2. That on January 5, 2008 the File Department called the Public Works on-call personnel whom responded and boarded up the structure to prevent access. 3. That on January 7, 2008 the Fire Department, under the Building Officials authority, posted the buildings uninhabitable. The Public Works Department was contacted and shut the water off at the stop-box. While at the property it was determined that the due to the amount of water in electrical fixtures the Hower to the structure should be shut off. 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: Appl•ove the immediate abatement of the uninhabitable structure located at 1316-1318 Circle Terrace Blvd. N.E. 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 1316-1318 Circle Terrace Blvd. 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 1316-1318 Circle Terrace Blvd. N.E constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be sel•ved upon all relevant parties and parties in interest. RESOLUTION 2008-13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michelle Kelly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property Located at 1200 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 17, 2007 of an public hearing to be held on January 14, 2008. 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 29, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 17, 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 and 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 SA, Article III SA.306 and SA.303(A). 20 City Council Minutes Monday, January 14, 2008 Page 17 of 18 ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number U1200 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 licence held by T irPnce AnIrIPr• 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. RESOLUTION 2008-14 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A) of that certain residential rental license held by Maria Valdez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 941 45"' Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 13, 2007 of an public hearing to be held on January 14, 2008. 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 29, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed. by regular mail to the owner at the address listed in the property records. 2. That on December 13, 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 and 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number U941 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. RESOLUTION 2008-16 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Mike Sowers (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1272-74 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 17, 2007 of an public hearing to be held on January 14, 2008. 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 1, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations and on November 15, 2007 inspectors inspected the property, after receiving a complaint, and found 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. 21 City Council Minutes Monday, January 14, 2008 Page 18 of 18 2. That on December 11, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. Inspectors noted that one violation from the subsequent complaint inspections remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. Z That tin Tamiarv a ~nnR incnr~rtnrc fnr tha ('itv of f nh~mhi~ ElAinhtc P,-f ,-,,,A~l ..t;.,,, ,,.7 ..roa rh~t t.. _. ___»~ .._. __....»., .,..., .....r__ ...... .... ..... ~.~, ,,. ~........~.....,,.b..,,, p,...~....,,,. ~ ..,.nspe.,~..,., a..., .,.,...u ~.~,.. ~~.., violations remained uncorrected. 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. repair the step in the front that is falling apart, several storm windows are not complete and provide necessary components to fix the windows. 5. That all panties, 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 SA303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8816 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. 22 CITY COUNCIL LETTER Meeting of: January 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S VAL APPRO ITEM: ESTABLISH PUBLIC HEARING CABLE RATES BY: LINDA L. MAGEE ,,~~ BY: ~'~ ~a N0: ( DATE: January 7, 2008 ` DATE: s •~~~ On or about March 1, 2007, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, Updating Maximum Permitted Rates for Regulated Cable Services, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, Determining Regulated Equipment and Installation Costs, Equipment Form, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2007 to May 31, 2008. Basic programming consists of aver-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's actual rates since February 1, 2007, and the maximum permitted rates as of June 1, 2007. Rates Since February 1, 2007 Maximum Permitted Rates Effective June 1, 2007 Basic Service $ 9.10 $ 9.57 Basic Onl Receiver $ 1.00 $ 1.13 Remote Control $ .10 $ .25 Installation Unwired Home $44.99 $47.10 Installation-Prewired Home $27.99 $32.58 Installation-Additional Outlet- Connect Initial $13.99 $17.64 Installation-Additional Outlet- Connect Se crate $19.99 $27.10 Other Install Relocate Outlet $18.99 $21.36 U rade- O tional Services $15.49 $17.97 Down rade- 0 tional Services $9.99 $14.74 COUNCIL ACTION: 23 CITY COUNCIL LETTER Meeting ot: January L8, Z008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING CABLE RATES BY: LINDA L. MAGEE BY: ~ e N0: DATE: January 7, 2008 DATE: ,; ~ Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcas_t calculated in its March 2007 rate filing. In accordance with federal law, it is the City's responsibility, as a certified rate regulation authority, to determine whether the basic service programming and equipment rates and installation fees comply with the Federal Communication Commission's rate regulation rules, orders, and decisions. RECOMMENDED MOTION: Move to establish a public hearing date of Monday, February 25, 2008, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. COUNCIL ACTION: r 24 CITY COUNCIL LETTER Meeting of 1/28/08 A!_ENIIA CF!'TI(1N• (`f1NCFNT 4(;FNTIA NO: vDi~i ii ~tATiNv iEPAUTRn EiVT• PUBLIC WORKS CITY MANAGER ,.~ DATE: ITEM: RESOLUTION AUTHORIZING APPLICATION TO BY: K. Hansen THE METROPOLITAN COUNCIL ENVIRONMENTAL DATE: 1/23/08 SERVICES FOR DRAIN TILE DISCONNECTION GRANT PROGRAM Background: The Metropolitan Council Environmental Services (MCES) has offered a financial assistance program to property owners who are disconnecting foundation drain tiles. The program has limited funding through grant money that had been committed by MCES to non-point source grants but has been returned or not spent by the original award recipients. This offer will not add impact on our regional wastewater rate structures. Analysis/Conclusions: Attached is an explanation sheet of the program from the MCES. The funds are matching with a cap of $1,000 per property, and only for expensed incurred in 2008. The program is very specific in that it is strictly limited to foundation drain disconnects. Our current program focuses on sump pump disconnects, which are not eligible. Staff inquired if `Beaver' type system disconnects are eligible and the MCES responded that they are not. The City Sump Pump Disconnect Program may fmd 1-3 situation where the disconnects maybe eligible. There are several requirements to participate in this program and it requires a City Council Resolution to be submitted by the end of January. Receipt of these funds will not change our obligation under the MCES I/I Surcharge Program and the results of the disconnection are eligible for credits to offset some of those surcharges. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008-26, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2008-26, being a Resolution authorizing the Public Works Director to submit an application to the Metropolitan Council Environmental Services for Foundation Drain Tile Disconnection Grant Program funds and designate the Director of Public Works as the primary contact for the program. KH jb Attachments: MCES Description sheet Resolution COUNCIL ACTION: 25 METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES DESCRIPTION OF OFFER OF MATCHING GRANT MONIES TO CITIES FOR FOUNDATION DRAIN SEPARATION PROJECTS ("the Offer") I. DESCRIPTION & BACKGROUND To facilitate the reduction of Inflow and Infiltration into the metropolitan sewer system, Metropolitan Council Environmental Services (MCES} is offering a limited number of grants to Cities in 2008, up to $1,000 per foundation drain disconnected from the sanitary sewer system, until a total of $700,000 have been expended by MCES on the program. Thi3 grant program iS part ~f M(~"EC Intlnw anri Tn_fi_ttration Mitigation prop am: http://www.metrocouncil.org/planning/environment/inflow_infiltration.htm which is generally described and authorized in the Council's Water Resources Management Plan: http://www.mctroeouncil.org/planning/environment/WRMPP/WRMPP2005.htm Note that these grants will not impact the I/I surcharge requirements or documentation -but that credit for results of the disconnections will be applicable to the surcharge program, pursuant to that program's rules. Details of the surcharge program can be found at: http://www.metrocouncil.org/environment/ProjectTeams/documents/2008-I-I-Procedure- M anual.pdf II. ELIGIBLILITY All Cities that are: 1) billed for wastewater directly by MCES, 2) have been identified as having exceeded their III goals (as established by MCES}, and 3) have been pre-approved for this grant program by MCES are eligible to apply for these grant monies. Further, in order for specific expenses to be eligible, cities must: 1) issue plumbing permits for each disconnection of individual foundation drains from the local sanitary sewer system within the jurisdiction of the city, 2} expenses must be actual paid costs of the separation, reasonable and verifiable, and 3) agree to pass-through the grant awards to the parties that incurred the expenses and to attribute the reimbursement to the Metropolitan Council. Costs for the city's own properties are not eligible; all other buildings within the city limits aa-e eligible, including expenses paid by private parties. Within 30 days of the end of each month, eligible communities must submit the "Grant Claim Request Fon'n" (attached) to MCES to apply to have grant monies awarded for identified eligible expenses. III. PAYMENT OF GRANTS While funding lasts, MCES will pay all eligible claims for grants within 30 days of the end of each reporting period (30 days after the end of each month}. MCES will monitor the grant requests and notify the communities of the availability of the monies for their proposed foundation disconnection projects. Page 1 of 2 26 Once approved by MCES, cities may submit monthly grant claim requests and the city will be reimbursed up to 50% of actual monies expended (by any party other than the city) for each disconnection up to $1,000 per foundation drain disconnection project. Funds are limited to expenses occurring in 2008. Funds are available on afirst-come-first-serve basis. In the last month of the offer, when funds are not available to pay all eligible claims, awards will be pro-rated among the eligible claims (i.e., we may only be able to grant 50 cents for each eligible dollar claimed). Once MCES awards the total $700,000 set aside for the program, or at the end of 2008, (whichever is sooner), the program terminates and participating cities will be notified. IV. CITY APPLICATION PROCEDURE To apply for the program, the City Application form (attached) must be completed and signed by a City Officer designated to submit the application by a resolution of the City f'.nunri_l (or Tnwn Board). Attach a copy of the official minutes and/or resolution authorizing the submittal of the City Application with the application form. This official action should include: 1) agreement to: a} pass- through funds awarded by the Council to the parties that incurred the costs and b) attribute the funding to the Metropolitan Council, and 2) agreement to secure and retain receipts far all project costs, and that the Met Council will have reasonable access to audit these records, upon request, and 4} identification of City Officer(s) that are authorized to submit this application and the grant award requests. This may be submitted to MCES at any time but must be submitted and approved by MCES prior to the end of the first month in which eligible expenses are claimed for reimbursement through this grant program. V. GRAINY AWARD REQUEST PROCEDURE Only pre-approved cities (see above) are eligible to apply for grant award. MCES will administrate the foundation grant program and all awards. The terms of the offer, its termination and forms may be modified by MCES at any time, in its sole discretion. Within 30 days of the end. of each month, each pre-approved city may submit a copy of the Grant Claim Request form with the list of disconnection projects completed in the month. As grant monies are awarded, MCES staff will notify each city of the status of their grant request. Grant monies will awarded to the city for up to 50% of eligible actual, reasonable and verifiable expenses, limited to $1000 per permit, for foundation drain separation projects. Grants monies awarded will be sent to the communities within 30 days after the end of the reporting period. Page 2 of 2 27 RESOLUTION No. 2008-26 BEING A RESOLUTION SUPPORTING AN APPLICATION TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) FOR FOU1VDt1TlON DRAT IV TILE D'1jl,O1V 1V EC. T lO1V GRA1V T Y1(OG1iA1VI ELIGIBLE FU1'VDS Al'vD DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WHEREAS, the City of Columbia Heights desires to reduce I/I entering the City sanitary sewer system; and WHEREAS, the City of Columbia Heights is has been identified by the MCES as exceeding our I/I goals; and WHEREAS, the City of Columbia Heights has an active program to reduce inflow and infiltration to meet our 1/I goals; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, M iNNESO T A thai: the Ciry Council supports the application of the Foundation Drain T ile Disconnection Gi'~~t Program funds and that the Director of Public Works is hereby authorized to apply to the MCES for funding on behalf of the City. BE IT FURTHER RESOLVED that Columbia Heights has not willfully violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the MCES, Columbia Heights apply for reimburse of actual expenses related to the disconnection of foundation drains in the Community. BE IT FURTHER RESOLVED that Columbia Heights will comply with all applicable laws and regulations as stated in the MCES grant program. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby designated and authorized to apply for and execute such forms as are necessary for the reimbursement of work receiving MCES Foundation Drain Tile Disconnection Grant Funding on behalf of the City. Dated this 28`h day of January, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 28 CITY COUNCIL LETTER Meeting of: 1/28/08 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: I CITY MANAGER NO: P[IRI,1C WORKS ,~~` ITEM: ACCEPTANCE OF FINAL PARK PLANS AND BY: K. Hansen BY: ,!, AUTHORIZATION TO SEEK BIDS FOR SULLIVAN LAKE DATE: 1/23/08 DATE: PARK AND SILVER LAKE BEACH Background: The City Council authorized staffto prepare construction plans and specification for capital improvements to both Sullivan Lake Park and Silver Lake Beach Park. The plans were based upon Master Plans developed for each park and accepted by the Council at the August 22"d, 2007 meeting. A nalvcic/C'nnrl~~cinng; ..._. _ Construction plans were prepared by the consulting firm of Brauer and Associates and reviewed at 66% and 95% development stages by City staffand the Park & Recreation Commission. The plans were also posted on the City web site and at the City Library for public review. Staffnoticed property owners surrounding both park for review and comment. At their January 2"d, 2008 regular meeting the Park & Recreation Commission recommended approval of the final plans to the City Council. Public comment provided was very positive on both parks. The recommmended improvements for each park are detailed as follows: Sullivan Lake Park proposed recommendations: • Playground equipment replacement • Picnic shelter replacement • Remove pergolas/arbors • Create a Sullivan Lake view shed/vegetation and tree removal • New bituminous trails and shift west near the lake • New Parking Lot located off S l S` Avenue • Pathway and park lighting • Extensive Landscaping • New Park signage Silver Lake Beach proposed recommendations: • Picnic shelter replacement • Reduce the Size ofbeach/ deter vehicle access • Improve Silver Lake water quality via infiltration and ponding • New parking lot and access drive • Trail access to Stinson • Improve Lighting/security • New Volleyball area • Extensive Landscaping • Play equipment replacement The Park Capital Improvement Budget had $250,000 established for each park in 2007. Due to the preparation. ofplans and review process (public, commission and staffj, the project schedule delayed bidding until 2008 to take advantage of the bidding market. Approximately $800,000 is available in Fund 4I2: Parks Capital Improvements. The schedule would provide that improvements would begin early in 2008 with a completion date of June 2008. RECOMMENDED MOTION: Move to accept the Final Park Plan(s) prepared by Brauer and Associates for Sullivan Lake Park and Silver Lake Beach and authorize the advertisement ofpublic bids. COUNCIL ACTION: 29 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: January 28, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS 1~T(1• f''nrnrnnr~ity T1PVPln»mPnt CITY MANAGER APPR(~VAT, -__ ITEM: Replacement Vehicle for #410 Building Official BY: Scott Clark DATE: 1/24/2008 BY: DATE: ~ `~ Background: On January 16, 2008 City of Columbia Heights vehicle number 410, a 1995 Chevrolet Corsica, was involved in an accident at the corner of 40`h and Central Avenue. The damage to the city vehicle ($3,307.12) was in excess of the blue book value of the vehicle ($2,553.67} and therefore declared by the insurance company to be a total loss. The city will also receive $600.00 from the sale of the damaged vehicle. The city is purchasing the vehicle using the State Contracts. The selection of the Ford Escape XLS U92 was made for having a higher profile, better ergonomics, best fuel economy, and lowest cost in its class. The 4WD option is selected due to the need to perform inspections during the winter season when numerous inspections occur before city streets are plowed. On past occasions the Building Official used his own 4WD vehicle to perform inspections due to the snow emergency depths of snow not being removed prior to scheduled inspections. The 4WD option was selected for driving stability on snow covered roads with a difference in gas mileage of only 1 MPG. The cost difference for the 4WD is about $1,500.00. Recommendation: Request approval for the purchase of a higher profile vehicle to replace Columbia Heights city vehicle #410. The selected vehicle being the 2008 Ford Escape XLS U92 for a price of $16,275.00 plus tax, license, registration and modifications for mounting and powering the mobile computer, which is the lowest price vehicle meeting the requested specifications and providing the best gas mileage in the class. The Finance Director has verified that the current vehicle is fully depreciated and that there is $17,438 in Capital Equipment Replacement fund dedicated for the replacement of this vehicle. Recommended Motion: Move to appropriate funds in 431 General Capital Equipment Replacement Fund and to authorize the Mayor and City Manager to enter into an agreement for the purchase of a 2008 Ford Escape XLS U92 for a price of $16,275.00 plus tax, license, registration($1,095.50) and modifications for mounting and powering the mobile computer ($500.00), COUNCIL ACTION: Options for replacement of City of Co]umbia Heights vehicle #410 i 1. nnnn r_.. ~ n___._ _ yr n rmn GVVc) rVrU 1/JGiI[JC t1LJ V7G N~~ n^fc nn .D7V,G/J.VV Td___i7__il., r_..a 1V1UllliUGitV rVtu 2. 2008 Chev Trailblazer CT15506 1FL $19,859.90 Car Truck City 3. 2008 Dodge Nitro SXT KASL74 $18,763.00 Elk River Chrysler 4. 2008 Toyota Rav4 4432 $22,592.00 Burnsville Toyota 31 CITY COUNCIL LETTER Meeting of January 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ,~,~ f ITEM: REIS5UE RENTAL BY: Gary Gorman ~ , BY: / LICENSE /' w NO: DATE: January 22, 2008 DATE: The matter of the revocation of the license to operate a rental units} within the City of Columbia Heights against 4502 Washington Street N.E. for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees and penalties. RECOMMENDED MOTION: Move to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 32 CITY COUNCIL LETTER Meeting of January 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY:~" Zf Licenses NO: DATE: January 22, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requu-ements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 28, 2008. COUNCIL ACTION: 33 List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name 10133 Kenneth Dorko 10099 Jose Antonio Espinosa 10219 Isidro Garcia-Soorel 10091 John Krebsbach 10167 Josephine Masita 20196 Joseph Tohey 10129 Melissa Williams Property Address 4003 MAIN 4546 POLK 1468 LINCOLN 4915 5TH 5016 6TH 4532 FILLMORE 4151 Stinson 01 /23/2008 08:31 34 Page 1 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 12162 Kathryn Hoefs 4303 UNIVERSITY 01 /23/2008 09:17 35 Page 1 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 28, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 124416 through 124598 in the amount of $ 2 104 825.99 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 36 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 01/24/2008 12:56:07 Check History GLO50S-V06.74 COVERPAGE GL540R ******************************************************************************* * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L ******************************************************************************* Report Selection: Optional Report Title.......01/28/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 124416 thru 124598 thru thru thru thru thru thru thru thru N Run Instructions: Jobg Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 37 ACS FINANCIAL SYSTEM 01/24/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 01/28/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ANOKA CTY - CENTRAL COMM 124416 1,255.26 BELLBOY BAR SUPPLY 124417 1,606.91 BELLBOY CORPORATION 124418 21,903.76 CALIBRE PRESS LLC 124419 895.50 CITY OF COLUMBIA HEIGHTS 124420 177,560.19 COCA-COLA BOTTLING MIDWE 124421 2,817.17 DEX MEDIA EAST LLC 124422 71.10 FIRST STUDENT INC 124423 197.63 FSH COMMUNICATIONS, LLC 124424 60.00 GENUINE PARTS/NAPA AUTO 124425 180.35 GRIGGS-COOPER & CO 124426 14,462.85 HALL/ANDREA 124427 235.00 HOHENSTEINS INC 124428 2,540.75 ICC 124429 230.00 INTERGRATED ASSET SERVIC 124430 63.66 JOHNSON BROS. LIQUOR CO. 124431 58,863.20 KIRK/KEITH 124432 475.00 KROLL/LORRAINE 124433 48.00 MAHCO 124434 30.00 MARK VII DIST. 124435 10,540.91 MCCOLLOR/CARRIE & GARY 124436 77.61 MEDICINE LAKE TOURS 124437 2,444.00 MINNEAPOLIS FINANCE DEPT 124438 68,017.66 MINNEAPOLIS FINANCE DEPT 124439 78,070.99 MINNESOTA LICENSED BEV A 124440 299.00 MN POLLUTION CONTROL AGE 124441 1,200.00 MN WEST COAST SWING DANC 124442 249.39 NELSON/LOIS 124443 475.00 NEXTEL COMMUNICATIONS 124444 381.34 NIELSEN/KAREN 124445 48.00 OFFICE DEPOT 124446 52.69 PAULSON/DAN 124447 26.81 PAUSTIS & SONS WINE COMP 124448 2,691.19 PETTY CASH - KAREN MOELL 124449 138.80 PHILLIPS WINE & SPIRITS 124450 7,655.99 PREMIUM WATERS INC 124451 108.75 QUALITY WINE & SPIRITS 124452 23,757.28 QWEST BUSINESS SERVICES 124453 758.02 QWEST COMMUNICATIONS 124454 155.47 RICOH AMERICAS CORPORATI 124455 20.34 RODDY/WILLIAM 124456 29.17 S & T OFFICE PRODUCTS IN 124457 41.45 SAM'S CLUB 124458 156.41 SPECIALTY WINES & BEVERA 124459 372.62 SZUREK/MARLAINE 124460 35.00 T-MOBILE INC 124461 201.94 THIELE TECIiNOLOGIES,INC 124462 329.15 38 ACS FINANCIAL SYSTEM 01/24/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 01/28/2008 COUNCIL LISTING CHECK NUMBER AMOUNT USA MOBILITY WIRELESS IN 124463 32.24 WINE MERCHANTS 124464 548.51 XCEL ENERGY (N S P) 124465 81.23 HARP 124466 270.00 ALCORN BEVERAGE CO INC 124467 61.50 AMERICAN MESSAGING 124468 141.17 ASPEN MILLS, INC. 124469 182.35 BELLBOY CORPORATION 124470 3,250.35 BLOWERS/CAROLE 124471 15.37 BOND TRUST SERVICES CORP 124472 650.00 CAPITOL BEVERAGE SALES L 124473 16,446.51 CHISAGO LAKES DISTRIBUTI 124474 730.15 CITY WIDE WINDOW SERVICE 124475 40.47 COPELAND BUILDING CORP 124476 424,769.85 DANIMAL DISTRIBUTING INC 124477 79.20 FLAHERTYS HAPPY TYME COM 124478 519.75 GENUINE PARTS/NAPA AUTO 124479 402.46 GRIGGS-COOPER & CO 124480 10,019.07 HOHENSTEINS INC 124481 2,195.55 IDEARC MEDIA CORP 124482 71.25 IPC PRINTING 124483 421.01 JJ TAYLOR DIST OF MN 124484 5,431.30 JOHNSON BROS. LIQUOR CO. 124485 1,756.88 KONG/NI 124486 452.00 KRUSE/DAVID 124487 152.25 LUND/TIM 124488 63.49 MARK VII DIST. 124489 317.80 NORDLUND/JOHN 124490 141.55 NORTHEAST BANK 124491 980,208.17 NORTHERN WATER WORKS SUP 124492 240.00 OLSON/KAREN 124493 39.00 PHILLIPS WINE & SPIRITS 124494 13.20 QUALITY WINE & SPIRITS 124495 980.38 RICOH AMERICAS CORPORATI 124496 331.54 RODDY/WILLIAM 124497 125.58 SHERMAN/ERIC 124498 327.74 STAPLES BUSINESS ADVANTA 124499 151.76 TWIN CITIES TRANSPORT & 124500 115.02 VERIZON WIRELESS 124501 31.95 ABLE HOSE & RUBBER INC 124502 49.15 ALLIED-BFI WASTE SYSTEMS 124503 89,262.13 AMERICAN LIBRARY ASSOCIA 7.24504 120.00 AMERICAN PUBLIC WORKS AS 124505 962.50 AMERIPRIDE INC 124506 74.36 ANCOM COMMUNICATIONS INC 124507 34.08 ANOKA COUNTY ATTORNEY 124508 271.80 ANOKA COUNTY CHIEFS OF P 124509 227.00 39 ACS FINANCIAL SYSTEM 01/24/2008 12 BANK VENDOR SANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 01/28/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ANOKA COUNTY LIBRARY 124510 3,596.70 APEX CHEMICAL INC 124511 197.25 ASSOC OF TRAINING OFFCRS 124512 400.00 ASTLEFORD INTERNATIONAL 124513 39.41 AWWA MINN SECTION HEALTH 124514 465.00 AZTECA SYSTEMS INC 124515 1,562.00 BAKER & TAYLOR 124516 649.18 BETMAR LANGUAGES INC 124517 445.00 BRAUER & ASSOCIATES LTD 124518 18,571.10 BRAUN INTERTEC CORP 124519 1,394.00 BRODART 124520 61.93 CATCO PARTS SERVICE 124521 213.81 CHAMPLAIN PLANNING PRESS 124522 50.00 CINTAS FIRST AID-SAFETY 124523 130.79 COMMERCIAL BUILDING SERV 124524 210.87 COORDINATED BUSINESS SY5 124525 389.00 DEMCO, INC. 124526 52.46 DOCUMENT DESTRUCTION SVC 124527 364.00 DOYLE LOCK SUPPLY INC 124528 63.99 EBSCO PUBLISHING 124529 63.60 EHLERS & ASSOCIATES INC 124530 675.00 EMBEDDED SYSTEMS 124531 910.80 EMERGENCY APPARATUS MAIN 124532 63.31 ENGINEERING REPRO SYSTEM 124533 321.80 FACTORY MOTOR PARTS INC 124534 41.28 FIRE MARSHALS ASSOC OF M 124535 35.00 FLORES-SANTANA/JOSE R 124536 1,359.00 G & K SERVICES INC 124537 669.96 GENERAL REPAIR SERVICE, 124538 4,308.26 GENUINE PARTS/NAPA AUTO 124539 368.62 HASSAN SAND & GRAVEL 124540 1,061.38 HD SUPPLY WATER WORKS 124541 3,172.00 HEIGHTS ELECTRIC INC. 124542 373.60 HEINRICH ENVELOPE CORP 124543 397.78 HOME DEPOT #2802 124544 148.02 INT'L ASSOC OF ADMIN PRO 124545 98.00 IPC PRINTING 124546 662.74 IPMA - ASSESSMENT SERVIC 124547 145.00 JOHNSTONE SUPPLY CO 124548 719.89 KRUGER INTERNATIONAL 124549 3,949.77 LANO EQUIPMENT CO. 124550 34.09 MAIN STREET DESIGN 124551 196.71 MEDIATION SERV.FOR ANOKA 124552 1,965.00 MEDTOX LABORATORIES, INC 124553 29.66 MENARDS CASHWAY LUMBER-F 124554 341.31 METRO WELDING SUPPLY 124555 51.13 MIDWAY FORD 124556 220.19 40 ACS FINANCIAL SYSTEM 01/24/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 01/28/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MIDWEST LOCK & SAFE INC 124557 36.21 MINITEX - ATTN MARY GARC 124558 1,695.00 MINNEAPOLIS ASPHALT SYST 124559 1,685.97 MINNEAPOLIS SAW CO. 124560 372.70 MINNESOTA DEPARTMENT OF 124561 32.00 MINNESOTA GFOA 124562 120.00 MINNESOTA LIBRARY ASSOC. 124563 385.00 MN CHAPTER IAAI 124564 50.00 MN POLLUTION CONTROL AGE 124565 32.00 MN REC & PK ASSOC - MRP 124566 45.00 MN RURAL WATER ASSOC 124567 450.00 MPELRA 124568 150.00 NADA APPRAISAL GUIDES 124569 66.00 NATIONAL LEAGUE OF CITIE 124570 1,432.00 NFPA INTERNATIONAL 124571 715.50 NORTH AMERICAN SALT CO 124572 9,382.05 NORTHERN WATER WORKS SUP 124573 8.05 OFFICE DEPOT 124574 270.69 ONVOY INC 124575 59.99 PC SOLUTIONS INC 124576 677.70 PERSONNEL DECISIONS INC 124577 2,979.63 PETTY CASH - REBECCA LOA 124578 19.07 PREMIUM WATERS INC 124579 19.30 PROSOURCE TECHNOLOGIES I 124580 3,320.06 RDO EQUIPMENT 124581 37.52 RICOH AMERICAS CORPORATI 124582 823.10 RYDBERG/SCOTT 124583 45.00 SCHINDLER ELEVATOR CORP 124584 1,290.08 SERVICE LIGHTING 124585 146.26 SHERWIN WILLIAMS 124586 51.85 STAPLES BUSINESS ADVANTA 124587 82.92 STATE OF MINN-DEPT OF FI 124588 135.90 STREICHER'S GUN'S INC/DO 124589 1,057.73 THOMSON GALE 124590 146.05 TULL BEARING 124591 33.80 TWIN CITY AREA LABOR MGM 124592 300.00 VOSS LIGHTING 124593 299.00 WERNER ELECTRIC SUPPLY C 124594 44.10 WHOLESALE TRUCK-TRLR PR 124595 64.50 WW GRAINGER,INC 124596 32.01 XCEL ENERGY (N S P) 124597 267.25 ZEP MANUFACTURING COMPAN 124598 85.68 2,104,825.99 *** 41 ACS FINANCIAL SYSTEM 01/24/2008 12 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 01/28/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 2,104,825.99 RECORDS PRINTED - 001165 42 ACS FINANCIAL SYSTEM 01/2 4/2008 12:56:10 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 42,388.77 201 COMMUNITY DEVELOPMENT FUND 522.84 212 STATE AID MAINTENANCE 196.71 240 LIBRARY 7,344.95 261 TWENTY-FIRST CENTURY PROGRAM 197.63 265 CONFISCATED/FORFEITED PROP 1,766.70 340 GO IMPROV/REV BONDS 2006A 280,191.00 373 EDA TIF REV BONDS 2007 82,030.67 387 G.O. IMPROVEMENT BOND 1999A 89,967.50 388 G O IMPROVE/REV BONDS 2003A 111,790.00 412 CAPITAL IMPROVEMENT PARKS 18,571.10 415 CAPITAL IMPRVMT - PIR PROD 49.00 418 COMMUNITY CTR CAPITAL BLDG 270.00 420 CAP IMPROVEMENT-DEVELOPMENT 5,644.95 436 CAPITAL EQUIP REPLACE-LIQUOR 426,163.85 601 WATER UTILITY 75,640.25 602 SEWER UTILITY 2,871.46 603 REFUSE FUND 89,277.04 604 STORM SEWER UTILITY 647.37 609 LIQUOR 190,226.38 631 WATER FUND DEBT SERVICE 271,709.25 632 SEWER FUND DEBT SERVICE 4,638.90 634 STORM SEWER DEBT SERVICE 140,530.85 651 WATER CONSTRUCTION FUND 78,070.99 652 SEWER CONSTRUCTION FUND 2,116.99 701 CENTRAL GARAGE 2,512.56 720 DATA PROCESSING 1,249.69 883 CONTRIBUTED PROJECTS-OTHER 678.40 885 PAYROLL FUND 177,560.19 TOTAL ALL FUNDS 2,104,825.99 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 2,104,825.99 TOTAL ALL BANKS 2,104,825.99 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 43 CITY COUNCIL LETTER 1/28/08 Meeting of: AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM.: ADOPT ORDINANCE No. 1533: XCEL BY: K. Hansen BY: ~~'%~, FRANCHISE AGREEMENT DATE: 1/23/08 DATE: Background: City staffand representatives from Xcel Energy have been. discussing and reviewing issues regarding the implementation of a new franchise agreement. The current franchise agreement with Xcel expired in 2007, a copy of which is attached. The renewal of a new franchise agreement grants Xcel Energy the authority to construct, operate, repair and maintain an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public ways and public grounds within the City's borders. The franchise agreement has been reviewed b the ~n Attorne and is recorrirrended fora roVai. Tiie ru-osed frarichisc a teei,ient is in ordinance foriiat Arid re wires y` - ^° Y y pp p p g" q two readings at regular City Council meetings, becoming effective 30 days after the second reading. The first reading or Ordinance 1533 was held on December 10, 2007. Analysis /Conclusions: The City of Columbia Heights Franchise Agreement with Xcel Energy expired April 1 of this year. Public Works has developed a new franchise agreement for the City Council's review. The new ordinance is based on a model ordinance created by the League of Minnesota Cities (LMC) and Suburban Rate Authority (SRA). The model ordinance was developed to assist local governments in creating a uniform agreement for electric service. I would highlight the following specifics of the new ordinance for the council: • Provides additional definitions of terms and entities used in the agreement. • Provides for a twenty (20) year agreement. • This agreement is consistent with the permit and restoration standards that the company must follow in the City's existing Right-of--Way Ordinance (#1446). • Provides for proper notice of proposed public improvements by the City to Xcel Energy. • An indemnity clause has also been included to protect the City from potential problems that may arise due to construction, maintenance, operation, repair, inspection or removal of electrical lines within the City of Columbia Heights. • The proposed ordinance preserves the right of the City to implement a franchise fee that can be enacted over the life of the franchise. The proposed ordinance does not enact the franchise fee at this time. Staff requested review and comments on the proposed ordinance from the legal council for the Suburban Rate Authority (SRA). James Strommen, SRA attorney from the firm of Kennedy and Graven reviewed the proposed ordinance and returned an updated version for consideration based upon work with other cities. Staffhas incorporated the recommendations of the SRA review and City Attorney into this document. Recommended Motion: Move to waive the reading ofOrdinance No. 1533, there being ample copies available to the public. No. 1.533, being an Ordinance adopting a franchise agreement with Xcel Energy for the City of Columbia Heights. KH:jb Attachment: Xcel Ordinance #1533 44 ORDINANCE NO. 1533 BEING AN ELECTRIC FRANCHISE ORDINANCE GRANTING TO NORTHERN c~r~~r~c vn~a~~u rnnau~NV it/R/n YrFT FNFR!_V A 1ViiN1VFC(1T4 ~arsa iv aver °,Ll` vvl~ai ~-ai. x, g CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINTI'IONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the follownlg meanings: City. The City of Columbia Heights, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm water, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting or other foams of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government. which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. Electric Facilities. Electric transmission and distribution towers, poles, conductors, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Notice. A written notice served by either party or parties on the other party. Notice to Company shall be mailed to the General Counsel, Legal Services, 414 Nicollet Mall, 5`" Floor, 1 45 Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City of Columbia Heights, 590 40''' Avenue N.E., Columbia Heights, MN 55421. Either party may change its respective address for the purpose of this Ordinance by written notice to the other ,•~., pa. ~ y . Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. Public Way. Public right-of--way within the City as defined in Minn. Stat. § 237.162 subd. 3. SECTION 2. ADOPTION OF FRANCHISE. '~ 1 (~ n.,+ f r.~r~n ^c !`i ~~ °vr b ~ m-ant r~mrianv f~ are nrl of 2(1 vaare nrrt tlia ~.,< .,ru~a. o~ F~~aa..b:~e. ~~ty h e y ~.u s .Y .,, ~ r r r.,.. ,.,~.., .,._. date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat, and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the Ciry within 90 days after the date the City Council adopts this Ordinance, or otherwise places the City on notice, before that time, that the Company does not accept all terms of this franchise, the City Council by resolution may revoke this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3 Service Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance shall be paid by the Ciry and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the date of written Notice, the parties may jointly select a mediatoi° to facilitate further discussion, The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after fu-st meeting 2 46 with the selected mediator, either party may conunence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 1 G !'+..... a_ .. t: .,l T.. ..I.: 1F ~1. ,. !'';~. ...7 (`'.. nl.lo +n nr+ tea G.V l.Vll 1111 Ll [LUVIl Vl 1'1Qr11.111JG. 11 111G l..lt~' a11U l..~V1ii1JGily aril uuuvl~. ~V agr v°e vu uav terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or Company serves written Notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth. in Section 2.1. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electrc Facilities shall be located, constucted and maintained So aS not to ulicrlcrc "with the Safet'y% and %oiiJemeilce of ordlilaiy' travel alo~~g ar~d o e'er Pt~bli~ «~ay~ and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as detennuled by the City. Company's construction, reconshuction, operation, repair, maintenance, location, and relocation of Electric Facilities shall be subject to any permit requirements authorized in a separate ordinance and other reasonable regulations of the City, consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Electric Facilities in place, provided, at City's request, Company, at its own expense, removes abandoned metal conduits or concrete encased conduit or other Facilities interfering with a City improvement project, but only to the extent such conduit or other facility is uncovered as part of the City improvement project. 3.2 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance; for which the City may impose a reasonable fee, subject to the provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i} an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone, a-mail or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair Company shall apply for any required permits and pay any required fees. 3.3 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, in accordance with Minnesota Rules, Part 7819.1100 and applicable City ordinances to the extent consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter, but shall have no obligation to water any grass or other vegetation thereon. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dn-t, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall 3 47 pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. Z .1 D..,./'.,.- n Cn r;tv Tho ('itv ~,arc+~+v cvoivac anv rarn~iramant in tha nM-mal .~.~ l 1.1 lVl lllalll. ~+ va.a-ua a~~. iuv ..,~y uv.vvy .. ....w .....~ ....1...., ..........., ..~ ..... ........». course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. Notwithstanding the foregoing, the City reserves the right to require a performance bond for new installation, replacement, or repairs, when the Company's completion of its work is required in order for the City to proceed with a public improvement project. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for !'';t,. ~,•v for „t~'ty ~~~.> ~r other Clt` fac~t:es :xJhena..~Je,' S~»~h ~~;ge ~z~~~ not interfere ~z~itl~ the lice pf t,t1,y to ~, w'awt u~ i~ , pv vv v such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities or other persons or property while performing any activity. 3.7 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company a sufficient length of time.. considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities Company deems necessary. 3.8 Mapping Information. Company must promptly provide mapping information for any of its underground Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation in Public Ways. Company shall comply with the requirements of any applicable ordinance of the City relating to relocation of Electric Facilities in Public Ways to the extent consistent with Minnesota Rules, Part 7819.3100 and applicable law. 4 48 4.2 Relocation in Public Grounds. City may requu•e Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use ,.F+i„, D„7.1;.. ('Sr., .,a G,.,1-. role n*in+, oholl nnw<r<1<r <vitl+ anv<linahla rit<r nr~inanrae rnncictant cx~it~ vi ut<. t uvu<. vtvuxtu. ~.., u<.tt i~+iv iJU Kivu uuuu vvuaN iy yr i~aa urruvu v.v <.,~y ... .....~.i......., .~.~...,.~,....... .. ...~.. law. 4.3 Proiects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or tluough Ciry of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or ar~y agen:,`y' ti2ereof., ur?ess the reasonable Non-bettement Costs of such relocat.on are fi,-gt pain to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to Electric Facilities const-ucted in reliance on a franchise from City and shall not be construed to waive Company's rights under an easement or prescriptive right or State or County Permit. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper constuction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arisuig there fiom. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify and hold harmless the City from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of pei-~nits for, or inspection of, Company's plans or work. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will therea$er have control of such litigation, but Company may not settle such litigation without the 5 49 consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or unmunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that tha City rnnlrl acePrt in its noun hPhalf Thic fi•anrhicP aurPemPnt shall not he ..............~ ...,.. .__.. ~..~ _ ....... ......__. --_ __.. ....-- ~--_...~. ----., ~..-------- --o---------- ------ ---- -- interpreted to constitute a waiver by the City of any of its defenses of immunity or linutations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required solely for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to ... operate and maintain s2i~h Eler_,tri~ Fa~ilittes; »nt 1 the reasonable c_.ost of relocatllg the same an t e loss and expense resulting from such relocation are first paid to Company. In no case, however, shall the City be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules, Part 7819.3200, if the City's order directing vacation of the Public Way does not require relocation of the Company's Electric Facilities, the vacation proceedings shall not be deemed to deprive Company of its right to continue to use the right-of--way of the former Public Way for its Electric Facilities installed prior to such order of vacation. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of govei~unent of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Reservation of Rights. The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 301B.01, to require a franchise fee during the term of this franchise and to amend the fee. If the City elects to require a franchise fee or amend an existing fianchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee schedule. The fee shall be set forth in a separate ordinance and not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, including but not limited to the requirement of concurrent permit fees to defray costs of utility operations, each hereby consents to the jurisdiction of State District Court, Anoka County, to construe their respective rights under the law, subject to all rights of appeal. City and Company expressly reserve all rights and arguments concerning fianchise fees and related issues and this paragraph is not intended, and shall not be construed, as a waiver of any such rights or arguments. SECTION 10. PROVISIONS OF ORDINANCE. 6 50 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be 11G1U ri1Vt111LL, rt Jlldll riot Q11Gl:t oily valet jel~UVn, prvvijivii, or pals, prov'iuuu, uv`v`ve`v'er, uiu~ ii ui.J City is unable to enforce its franchise fee provisions for any reason the parties agree to negotiate in good faith to substitute, to the extent reasonably possible, amended provisions that validly carry out the primary purpose of the invalid provision. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this fi•anchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms Hereof, or other wrSc give rise tit any %auSe ofaciroTi iii ar~y person riot a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk after City Council adoption of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous electric franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise shall terminate. This ordinance shall be in full force and effect from and after 30 days after its passage. 7 51 First Reading: December 10, 2007 Second Reading: January 28, 2008 Date of Passage: Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 52 CITY COUNCIL LETTER Meeting of: January 28, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-25, Budget BY: Scott Clark BY: Appropriation and Award Consultant DATE: January 24, 2008 ,, Contract for Point of Sale Implementation Background: Over the past several years the Community Development Department has attempted to assemble a Point of Sale Ordinance (POSO) and the administrative system necessary for implementation. Due to other work items becoming priorities this project has unfortunately slipped a number of times from an immediate priority status. Staff is of the opinion that the best way to complete this activity is through a consultant, and as such, a request for proposal was initiated in December of 2007. The primary posting was through the League of 1V~n1tlCSota Cltles webSite wl-uch is ilow ttic platft'iiiu tl"iat au ~Z'insilitantS review ivr prZ'ipvSais. The goal ~s to l.a.'e a POSO and its full administrative system up and operational for 2009. The City received only one proposal (enclosed), albeit from a consultant with extensive housing experience, with a proposal price of $20,400. The second item is the budgetary consideration for consultant payments. No additional funds were allocated in the Community Development Department's 2008 budget so a special appropriation. is being sought from Fund 201, which is the Department's fund balance and functions as an operating fund. The an2ount of funds needed to implement this program will be calculated into the eventual Point of Sale fee structure so the $20,400 will eventual be replaced over a period of time (probably 5 to 6 years). Both items were reviewed and discussed by the City Council at then January 22, 2008 Work Session. Recommendation: Staff recommends Adoption of Resolution 2008-25 authorizing a $20,400 Special Appropriation fi-om Fund 201 to allow payments for Point of Sale Consultant work and approval of the contract as written. Recommended Motion: Move to waive the reading of Resolution 2008-25, there being an aanple amount of copies available to the public. Move to Adopt Resolution 2008-25, a Resolution Authorizing a $20,400 Special Appropriations from Fund 201 to allow payments for Point of Sale Consultant Work. Move to Award a Point of Sale Consultant Contract in the amount of $20,400 to Bennett Community Consulting, per a Scope of Services dated January 4, 2008. COUNCIL ACTION: 53 54 RESOLUTION 2008-25 ATTTHQRT7.TN(~ A $2.0,400 SPEC'TAT. APPROPRTATTON FROM Ft1ND 201 TO ALLOW PAS'1VIENTS FOR POINT OF SALE CONSULTANT WORK WHEREAS, the Cormliunity Development Department has been given du•ection by the City Council to develop a Point of Sale Program, and WHEREAS, after discussion on January 22, 2008 between the City Council and staff, there was consensus to proceed with the hiring of a consultant to perform the aforementioned work, and WHEREAS, the 2008 budget did not anticipate the hiring of a consultant for said purpose, and WHEREAS, the Community Development Department's fmancial operations are accounted for as a special revenue fund, and WHEREAS, the Community Development's Fund 201 has sufficient funds to transfer to pay for consultant services, NOW THEREFORE BE IT RESOLVED The City Council authorizes a special appropriation of funds not to exceed $20,400 fiom Fund 201, which is to be used solely for the purpose of consultant payments as authorized by Council under separate motion. Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz City Clerk 55 1 j r-, t., .. _.. ~i ' Proposal Memrnanduin To: Scott Clark, Community Development Director, City of Columbia Heights From: Cathy Capone Bennett, Housing Consultant Date: 1 /04/2008 Re: Consulting Services - City of Columbia Heights, Point-of--Sale Program Establishment The following is in response to the City of Columbia Heights Request for Proposal (RFP) as advertised on the League of Minnesota Cities webpage. It is my understanding that the RFP seeks to hire a consultant to prepare a point of sale (POS) residential program for the City's implementation with the calendar year 2008. Ms. Bennett, as sole owner of Bennett Community Consulting, has worked in local government, specifically in community development and housing, for the past 15 years. Ms. Bennett has knowledge of the Point-of--Sale program as a proactive local government tool to address housing conditions and ensure that residential properties are being improved prior to resale in the community. In addition, Ms. Bemlett has several years of experience in the development of local programs for the revitalization of single family housing such as the demolition, building and resale of scattered site projects. Ms. Bennett has planned for, created and managed many local housing programs in the Twin Cities and has extensive experience leading neighborhood meetings on several community development issues as well as working with housing councils and boards to prepare strategies for local housing programs. A full summary of qualifications is attached to this proposal. The following is a summary of the understanding of the tasks that the City would like the consultant to perform in working with the community development department for the establishment and implementation of a POS program in Columbia Heights. Also provided is an estimate of consulting time and fees for each task assuming full project completion over the next 12 months. Bennett Community Consulting Proposal 1 56 PROPOSAL -SCOPE OF SERVICES The outline of tasks provides the basic tuderstanding of work needed to be completed by the consultant for the project. The consultant will. work closely with communty development staff to ensure flint the implementation of the project can stay on task. The proposal includes a timeline of tasks with the understanding that the timeline may shift depending upon City Council and staff decisions and the number of public meetings. Specific milestones can be developed to ensure that the process is meeting the city's objectives. Task 1 -Update the background POS research, prepare the necessary documentation needed for drafting of the POS ordinance & prepare draft ordinance for council adoption • Review, update and expand upon information collected by the City. • Review and compare existing city codes with the International Property Maintenance Code that would become part of the new POS ordinance. The review would include the identification of housing and nuisance code related violations that specifically must be upgraded prior to sale or are not required to be upgraded prior to sale. • Provide reconunendations for inspection protocol in an easily understandable format to be used in the field. • Evaluate and facilitate a method for partnering with insurance companies to include common household insurance claims within the ordinance and seek support for insurance benefits to homeowners who purchase POS homes. • Assist in drafting the POS Ordinance. • Prepare estimated timeline for adoptions including public notice requirements and public hearing notices. • Present draft ordinance to City Council with procedure for adoption. Estimated Fee & Meetings -Task 1: It is estimated that the tasks outlined above can be completed within 2-3 months for an estimated $5,850. The estimated fee includes at least 3 in-office meetings with city staff, 1 meeting with city attorney and 1 public meeting. The housing consulting proposal does not include City Attorney fees associated with the review of the draft ordinance. City Attorney review is strongly recommended but not part of this contract proposal. Staff meefings - 4 @ 2.5 hours =10 hours Council meeting -1 @ 4 hours = 4 hours Insurance Co meeting - I-2 @ 2-4 hours =2- 4 hours Ordinance review & preparation = 40.5 hours Total of 58.50 hours @ $100 per hour = $5,850 Bennett Community Consulting Proposal 2 57 Task 2 -Evaluate and recommend administrative procedures and resources for full implementation of the POS program • Evaluate and provide input on the staff and financial resource needs associated with the implementation of the POS program. The evaluation will include a review of the FTE inspection staff demands per unit and administrative, scheduling and marketing demands on staff for a total program cost estimate. In addition, a summary of needed fee charges will be provided based upon the program costs and an evaluation of other community fees for the program. • Assist in the preparation of a schedule of inspection fees to cover costs of the POS program. • Provide an option for private contract inspectors to assist staff in implementation of the POS program. Create a perfom:ance re~~ie~x, process for a pnnl o f inspectors to recommend for program inspections. Interview at least five private inspectors and request proposals to provide inspection services. Prepare a template agreement that can be used by the City and a pool of selected inspectors, if needed. • Assist in presenting the staff and fmancial resource findings to the City Cowlcil for review and discussion. Estimated Fee & Meetings -Task 2: It is estimated that the tasks outlined above can be completed within 3 months for an estimated $7,000. The estimated fee includes at least 3 in-office meetings with city staff, 1 public meeting with City Council and interviews with 5 private inspectors. Staff meetings - 3 @ 2.5 hours = 7.5 hours In-office document review - 2 @ 4 hours = 8 hours Council meeting -1 @ 4 hours = 4 hours Administrative procedures review & preparation of report & fee schedule = 25 hours Review of contract inspectors, preparation of RFP & interviews with 5 inspectors = 25.5 Total of 70 hours @ $100 per hour = $7,000 Bennett Community Consulting Proposal 58 Task 3 -Evaluate and prepare an escrow policy for effective program implementation through real estate sales transactions. The escrow policy is needed if buyers wish to assume the required improvements\corrections idenfified by the inspections. • Evaluate effective escrow policy and procedures and prepare policy for implementation of the program. • Communicate the procedures with Anoka Cowlty staff for document recording and with key area title companies for suggestions regarding escrow policies and procedures. • Prepare draft escrow policy for City Council review and discussion. Estimated Fee & Meetings -Task 3: It is estimated that the tasks outlined above can be completed within 2 months for an estimated $3,550. The estimated fee includes at least 1 meeting with Anoka County staff, 1 meeting with city staff, 2 title company meetings and 1 public City Council meeting. This housing consultant proposal does not include City Attorney fees associated with the review of the draft escrow policy. The review of the draft policy by the City Attorney is strongly recommended. Staff meeting -1 @ 2.5 hours = 2.5 hours Anoka County meeting 1 @ 3 hours = 3 hours Title Company meetings 2 @ 3 hours = 6 hours Council meeting -1 @ 4 hours = 4 hours Draft Escrow Policy = 20 hours Total of 35.5 hours @ $100 per hour = $3,550 Task 4 -Prepare program materials. Documents will be prepared in print-ready files using WORD and can also be delivered in "pdf 'format. • Prepare simple inspection form(s) based upon ordinance requirements. • Prepare a program brochure targeted to the consumer as well as realtors, insurance and mortgage industries. • Prepare inspection and certificate application materials. • Prepare certificate of compliance required to sell home. Estimated Fee & Meetings -Task 4: It is estimated that the tasks outlined above can be completed within 2 months for an estimated $2,000. The estimated fee includes 2 in- office meetings with city staff. It is assumed that within Task 4 printing and duplication of all final materials will be accomplished by the City. Staff meeting - 2 @ 2.5 hours = 5 hours Bennett Community Consulting Proposal 4 59 Prepare program materials =15 hours Total of 20 hours @ $100 per hour = $2,000 Task 5 -Prepare communication plan for the program • Prepare a communication plan for residents and businesses that would be affected by the Point-of--Sale program. o Residents: Prepare a communication plan that includes newsletter articles, fact sheets for office counter and information for the city webpage regarding the objectives of the program and required process for sale of home. = 10 hours o Businesses (insurance, real estate agents, mortgage and title companies, contractors): Prepare a plan for communication to affected business professionals to include a business breakfast meeting. The goal of the meeting is to gain support from businesses to communicate to homeowners who purchase homes within the city. ^ Breakfast meeting = S hours ^ Preparation of meeting materials = 5 hours Estimated Fee & Meetings -Task 5: It is estimated that the tasks outlined above can be completed within 2 months for an estimated $2,000. If additional meetings are required, they will be billed on an hourly rate. It is assumed that within Task 5 printing of all final materials (for distribution) will be accomplished by the City. Bennett Community Consulting Proposal 5 60 Estimated Timeline of Tasks: r Month 1 Month 2 Month 3 ' Mnr:th 4 Month S 11Anntlr b Mauh ? Month 8 Mnrsth 9 Project Task Jmrrrav Febz-trarT Marc•lz Alrr•il Mav June Jtrfv August Selrtenzber• Tasks Pro'ect Mana ement meetin s incl. A roval of Tasks\Contract A rov l pp pp a - l, Research & Prepare Draft Ordinance -~ Z, Evaluate staffing needs & inspector interviews 3. Prepare escrow policy 5. Communication -Residents 5 . 4. Communication -Businesses Prepare Program Materials ~~ ~ ~, _..._.. Council Decisions Bennett Community Consulting Proposal 61 COMPENSATION: All consulting time billed will have prior authorization by the City of Columbia Heights. Thy rnrr~nt lnral anve~himrnt and nnn-r~rnfit hill rate is ~ 1 nn ner hnnr The cnnstlltant hours are billed monthly for time spent on the project in quarter hour increments. Specific contract review can be provided within each phase and an understanding of the work load and time estimates can be re-evaluated on a monthly basis. The total estimated proposal cost based upon the tasks 1-5 outlined above is $20,400. This estimate could change based upon delays in decisions by the City Council, unforeseen delays in the implementation of the program and other identified tasks requested that have not been outlined in this proposal. In addition, it is expected that assistance would be available by the community development staff for preparation of City Council, neighborhood and business (real estate, banking and insurance) meetings, copying and mailing. Expenses such as printing, postage, parking, long-distance telephone, etc. are billed at cost. If the use of consultant office supplies and copier are requested by the City, these direct costs will be billed at cost. All invoices are payable within fifteen (15) days of receipt of an invoice showing the work completed and the direct costs for any expenses. Check for services are made payable to Bennett Community Consulting and delivered by mail to the following address: 27369 Leah. Lane, Chisago City, MN 55013. SUBCONTRACT: To complete the tasks associated with the proposal in the timeline proposed, Ms. Bennett may seek the subcontractor services of Dennis Welsch. Mr. Welsch, who currently consults with the Center for Policy, Planning and Performance (CPPP) has over 30 years of experience as a Community Development Director. He will be a valuable resource in providing input regarding the draft POS ordinance and administrative procedures. Mr. Welsch's time as a subcontractor to Bennett Community Consulting will not affect the total estimated proposal fee. Ms. Bennett will be responsible for the billing and payment of work to Mr. Welsch under the proposal with the City of Columbia Heights. MODIFICATIONS: Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modifications, or variations deemed not to be material by agreement of the City Community Development Director and the consultant shall not require written approval. CANCELLATION: The City of Columbia Heights may cancel the agreement for consulting services at any time upon giving thirty (30) days written notice sent to the consultant. The consultant may cancel the agreement for consulting services at any time upon giving thirty (30) days written notice sent to the City of Columbia Heights and by providing a written summary of the tasks completed to date. Bennett Community Consulting Proposal 62 SERVICES BEYOND THE SCOPE OF THIS AGREEMENT: Any additional tasks added to this project must be by written amendment to the o Rrr am ant cittn F+t~ h~, hntl~ r~artiPc ACCEPTANCE: Consultant will begin working on these projects immediately upon acceptance by signature. Gary L. Peterson, Mayor City of Columbia Heights Date: Walter R. Fehst, City Manager City of Columbia Heights Date: Bennett Community Consulting Proposal Date: 63 Cathy Capone Bennett Bennett Community Consulting 27369 Leah Lane C hisagv^ City, Tvil`v .~i.~iv i 3 £.<k. e'i Ms. Bennett, owner of Bennett Community Consulting, has a wealth of knowledge concerning private-public alliances, program. development, and project management in all facets of housing strategy development and economic development through her experience working for local government and non-profit sectors. This includes affordable housing implementation, housing plan strategy development, public financing, business retention and recruitment, strategic analysis, focus group facilitation and program marketing. Ms Bennett has worked in Minnesota for the past 15 years within local community development and more recently private consulting for the local government, non-profit and private development sectors. Ms. Bennett is currently the Vice President of the Economic Development Association of Minnesota and is a certified Economic Development Finance Professional. Ms. Bennett graduated with a Bachelor of Science Degree in Accounting from the State University of New York, College at Oswego in 1.987 and has completed various continuing education courses including American Economic Development Council Economic Impact Analysis, Real Estate Principles, Real Estate Finance and. Real Estate Appraisal. 1. ~'~:~t~€~~il Contact: Sarah Kidwell, Executive Director Provide consulting assistance and project management associated with the Lex-Ham's housing plan to dispose of 7 scattered site single family homes. Work includes the following: ~ Prepare a financial assessment of the expenses and revenues associated with the sale of the home for the Council's approval. Manage the renovation and sale preparation of three vacant homes. Coordinate the complete assessment of the current condition of the remaining four occupied homes. Monitor all sales transactions to ensure all costs and proceeds are property documented through closing transactions. Evaluate funding agency contractual requirements for the sale and use of proceeds. Commuiucate with funding agencies regarding property disposition and gain written commitment on a phased plan that meets the objectives of the agencies as well as the long term needs of the Lexington-Hamlme Communuty Council. Evaluate options to transfer ownership of homes to affordable housing agencies, existing tenants, and/or new owners. Provide a summary of the benefits of each option to include neighborhood objectives as well as financial implications. I2~~~r€~~ '~` i its. I,~~~1 ~I4~° Contact: Greg Finzeli, Executive Director Providing consulting assistance to update Rondo's Five-Year Strategic Plan. Tasks include the review of RCLT performance since 2002, facilitation of board meetings regarding goals for the upcoming 5-years and updating the strategic outcomes for a new Five-Year Strategic Plan. 64 Contact: Tina Goodroad, Bonestroo Subcontract through Bonestroo to assist with the City's Housing Section of the Comprehensive Plan update. This includes working with city staff, City Coiuicil and Planning Commission for the evaluation of current and future housing goals and strategies and incorporating the housing nlanc intn the C itv'c c~mnrehensive nlan fir 2008-2020. r______ _____ .___ _ J _ _ _ _ .1.. _ j Contact; Jennifer Bergman, HRA Executive Director Provided consulting assistance to the Anoka HRA for the development of the Anoka Housing Renewal Plan. Work included the following: Preparation of a marketing strategy for the plan implementation Identification and evaluation of financing options and financing parhiers which included discussions and meetings with public funding agencies, non-profit developers and private housing developers Identification of key development projects for irrunediate implementation and evaluation including reviewing properties through windshield survey and evaluation of county data Preparation of standardized. evaluation models Meet with property owners to solicit support alid cooperation for plan implementation ~ Evaluation of the marketability of new or renovated housing in Anoka to determine price points for redevelopment including meeting with Realtors in the area and researching and evaluating sales data. ~ Preparation and evaluation of sources and uses model to determine HRA's short and long term invesrinent in projects and assist staff with homeowner meetings for renovation or purchase negotiations Provided consulting assistance to the Anoka HRA for marketing and implementation of the Downtown Fire Protection Program. Work included the following: Prepared a marketing plan & marketing materials Evaluated financing options including the evaluation of insurance savings, guaranteed loan program and bridge loan for construction. Developed a financing model to use in marketing materials as a way to sell the program to owners as a positive return on their investment and increase revenue potential. Prepared a conununication plan that iilciuded a kick-off meeting in association with an Anoka Business & Land Owner Association, personal meetings with key property owa~ers, insurance agents and bankers Contact: Marc Nevinski, Community Development Director Completed a review of the current and past housing programs and services and developing a comprehensive housing strategy intended to target the city's housing resources to ensure the most effective return to the Coon Rapids community. These tasks included the following; Reviewed & evaluate recent demographic, school & household and housing characteristics ~ Profiled the existing and evaluate the use of housing resources including local, county, state and regional programs. Profile the number of program dollars invested, value changes and permit evaluations. 65 Summarized effectiveness of resources to improve and enhance the housing stock and prepare return on investment model to assist in evahating existing strategies and preparation of future targeted strategies Prepared long term strategies for pursuing priorities and resolving any key issues that may impede success Contact: Janelle Schmitz, Planning & Economic Development Manager Provided consulting services relating to the establishment of a Housing & Redevelopment Authority including a systematic process that provides the necessary policies and strategies associated with the city's affordable workforce housing goals. ~ Provided an evaluation of the City's Housing Action Plan, preparation of affordable housing policies and prioritization of action steps for use of limited HRA levy fluids. t.°,4 ~ a.-i. Senior Associate ~ Consulting work included preparation of housing plans and economic development project facilitation for several cormnunities and assisted private developers in the Twin Cities area in the preparation and evaluation of public finance agreements and public approval process. ~ Clients included the City of Roseville, City of Anoka, City of Woodbury, City of Shoreview, City of Arden Hills, City of North Branch, St. Croix County, Solomon Real Estate, GVEC Partners, Ryan Companies and Flag Builders. HRA Executive Director & Economic Development Specialist Researched benefits and need for a local Housing & Redevelopment Authority. Facilitated formation documentation and process for the creation of the HRA in Roseville. Became first executive director of the HRA responsible fora 7-member resident board and budget of over $1.5 million. Coordinated the completion of various shidies including amulti-family housing study, senior housing market study, development feasibility studies and neighborhood revitalization and rental impact study. Each study included a series of focus group or task force meeting with residents, faith-based groups, public agencies and private developers. Completed and updated housing and. economic development sections of the City comprehensive plan to include demographic and economic data and trends. Management and evaluation of new and existing housing programs and services including housing resource center, loan programs, design grants, second mortgage financing and gap financing. Coordinated the development of publicly financed first time buyer housing and habitat for humanity homes. Served as the main city contact responsible for one of the largest and complicated redevelopment projects in the Twin Cities. This included master plaiming for land uses with community input, evaluating financial projections for development, coordinate environmental studies and property acquisition, attract development teams for implementation of plan and final council approval for tax increment financing district and hazardous substance subdistrict. ~ Created the City's first economic development plan which included a business retention program, long and short term economic development strategies, communication tools and comprehensive redevelopment strategies for 16 areas within the City. 66 Created small business loan program in partnership with local banking communities with approval and management of 1.61oans and a zero default rate. ~ Facilitated creation and management of tax increment financing districts and evaluated tax increment proposals from start to finish on various redevelopment, business and housing projects. Completed one of the first Alten~ative Urban Areawide Review's (AUAR) in the metropolitan area for the Twist Lakes Master Plan area and later successfully defended its viability upon a challenge filed with the Environmental Quality Board (EQB). EDA Executive Director &/Director of Economic Development x Guide implementation of the community's first economic development plan that included long and shore range retention, attraction and redevelopment strategies. Facilitated UofM Design Center Charette and community planning meetings for suburban corridor development plans. Manage elected EDA and citizen advisory Economic Development Commission. Prepared community marketing plan. Successfully negotiated tax increment agreements, managed tax increment budgets and facilitated creation of new districts. ~ Facilitated business retention program, business interviews and prepared public policy items to address business retention resulting in business loan programs to assist business expansions. Coordinated land purchase, construction and leasing of City's first Community Center. ~°€r~t ~&`~~€~ ``~c~r~~s~r~~~°.~ ~j~.°~~~~,~ri~~~at ~'~~~~r~~~°c~t~°t~rrg m~r~~ ~; : ~.:<~ 1, ._a Associate Vice President of Retention & Attraction & Director of Research ~ Conduct corporate interviews to evaluate and advise ou site selection criteria and develop market strategies for business growth for entire San Diego County region. of 2.5 million persons. Prepared and presented tailored site selection marketing packages to include real estate site surveys, financial incentives and comparative analysis. Arrange and conduct site tours. Managed publication of Commmunity Book of Facts and Industry Brochtues. ~ Coordinate mediation meetings with public sector agencies to encourage retention and attraction of key businesses. Actively develop positive relationships with local counterparts at various govermnental, civic and trade organizations and the broker/development community. Facilitated public/private partnerships and committees dealing with water infiastructure, air pollution, recycling, waste management and enviromncntal contamination. Advised corporate directors on the impact of proposed legislation and local regulations. Prepared responsive legislative position papers. Facilitated the development of joint permitting process for the entire County which resulted in clients gaining minor permits in 2 hours verses 4 weeks with a "One-Stop Shop" permitting process. 67 Center for Policy, Planning, and Performance Dennis Welsch, Senior Associate 2233 University Avenue West-Suite 300 Minneapolis, MN 55404 llirect Cell 651-LL6-0119; U$~ce Phone: 612%814-OJ3J Web: «-~vtv.s~#`fective.c~r Email: dpwelsch@gmail.com a;,; .vale: 3amiary 2, 2008 Dear Friends: In 2008, I am continuing my consultant work primarily as a public sector consultant specializing in community development, redevelopment, meeting facilitation and housing issues. I have been working as a senior associate with Barbara Raye and the Center far Policy, Programming, and Performance (CPPP). CPPP specializes in working with public and non-profit organizations on projects which require facilitation and implementation meetings and plans for policy and planning for neighborhoods, housing, and brown-field redevelopment. CPPP relies on the leadership and expertise of Barbara Raye, who is know nationally for her strategic policy and planning work, meeting facilitation and mediation. I will concentrate on city, county and community policy and planning such as organizational development, meeting facilitation, housing and redevelopment, land use and capital improvements; project management and environmental issues. What makes the CPPP consultant work attractive is that I am privileged to work with a group of professionals -small enough to handle your individual calls, but experienced enough to complete most any project. We also coordinate projects with many well qualified consultants in fields as varied as finance, housing, environmental inventories and assessments, and demographics. I hope there is an opportunity to work with you in the future and appreciate any "leads" or opportunities you might suggest. Thanks for your support in the past. I look forward to talking with you in the near future. Best Wishes, Dennis Welsch 651-226-0719; email: dpwelsch@gmail.com 68 QUALLFICATIONS & EXPERIENCE Dennis Welsch Demiis Welsch is a community development director and public manager with experience in city and county community economic development and redevelopment; goal setting and capital improvements programs, project grant writing, plamling and construction; environmental policy issues; community planning and zoning, and capital improvements planning. He is recognized for his work with city councils and planning commissions and leading suburban and rural cities and counties through successful planning and development programs. He served as Community Development Director for the City of Roseville from 1993 to 2006. He led the city through a reorganization of the community development functions, completed two comprehensive plans as well as TIF Redevelopment Districts, environmental documents such as EAWs and AUARs, and directed the redevelopmeni of major brown-field projects into over 2 million square feet of new space, within the Centre Pointe, Gateway, and Twin Lakes Business Parks. While with Roseville he was also instrumental in enticing and planning for over 1,000 new housing in the fully development first ring suburb and assisted in the formation of the city's HRA. Mr. Welsch has also worked been the community development director for the cities of Apple Valley (new downtown plan and city-wide plan), White Bear Lake (downtown renovation and infill multi-generation housing), Red Wing (open space and historic preservation, downtown, housing, TIF and parking districts). He successfully assisted the city of Red Wing in seeking special state legislation to create a Port Authority for redevelopment. Mr. Welsch has created and managed numerous TIF Districts. In Washington County he implemented the first Minnesota Critical Area Designation and concurrent land use regulations to preserve the county's portion of the St. Croix River Welsch served as President of the Minnesota Planning Association and has served on the private industry council boards of directors for Ramsey and Dakota Counties. In 2000 he received the "Distinguished Planning Award for Leadership by a Professional Plamler" from the Minnesota Chapter of the American Planning Association. Mr. Welsch holds a Bachelor of Science in Landscape Architecture (emphasis on regional analysis), Masters Degrees from Yale University School of Forestry and Environmental Management, and Hamline University in Public Administration. He has completed advanced work toward a Public Administration and Management doctorate at Hamline. He is a registered landscape architect in Minnesota. 69 DENNIS P. ELSCi-€ PLANNER -PROJECT 1VIANAGER -PUBLIC ADiVIINISTRA'I'OR ADDRESS: 2644 Arbor Drive, White Bear Lake, Mn. 5511.0 UJ 1-000-V / 17 ~GCII/ e-ltldll. llC11111J~}~'t11i111.GV111 EDUCATION: 1970 graduate - Univ. Wisconsin,(Madison) Landscape Architecture and Regional Analysis Planning 1972 graduate - Yale Univ. Graduate School of Forestry and Environmental Studies Master's Program 1975 courses - Univ. Minnesota, Computerized Regional Mapping 1978 seminars - Harvard Graduate School of Design: Community Financial Development 1988 graduate - Hamline Univ. Graduate School Public Administration Master's Program 1989 courses - National Development Council (4 Classes) 1996 courses - Hamline Univ. Post Master's Advanced Study (C.A.P.A.) and dissertation preparation PROFESSIONAL EXPERIENCE: 1971 -National Planning Team, Federal Bureau Sport Fisheries & Wildlife 1972 - Dolan/Banister Engineers (Site planning, market studies, EAWs) 1974 -Washington County, Mn. Plan. Dept. (Senior Planner) 1977 -City of Red Wing, Mn. (Planning/Development Director) 1985 -City of White Bear Lake, Mn. (Commmunity Development Director) 1988 -City of Apple Valley, Mn. (Community Development Director) 1993 - 2006 City of Roseville, Mn.(Coimnunity Development Director) 2006 -Consultant Services WEB PAGE WORK EXAMPLES: City of Roseville, Mn. Community Development Web Page: ~v~vc`.ci.roseville.ti~tt.t~s REGISTRATION: Minnesota Registered Landscape Architect # 12241 PROFESSIONAL ASSOCIATIONS (Past and Present): APA, MnPA, ULI, Metro East Planners Forum; Ramsey County Planners Forum and GIS User Group, Dakota County Private Industry Council; Ramsey County Work Force Council -Board; Economic Development Partnership -Steering Committee; St.Paul/Metro East Econ. Dev. Partnership -Board; Sensible Land Use Coalition Member; Roseville School to Work Program -Board; Mankato State University Urban and Regional Planning Advisory Committee; I-35W Coalition -Community Development Directors Committee, Past Chair and Vice Chair, and Housing Chair; HCI- Northei7l Suburbs Housing Collaborative Institute -member and board member; Hamline University Public Administration (Policy Analysis -lecturer); U.of Mn. Landscape Architecture and Geography Programs (re: Suburban Community Planning) -visiting speaker; Metro Council Livable Communities Grant Recipient Manager; MetroGIS Policy Advisory Team; St. Paul Area Chamber of Commerce Economic Development Committee, Center for Neighborhoods (Twin Cities) Board Member. RECENT AWARDS/RECOGNITIONS Hamline University Public Administration Program -Community Partner Award (1999); MnAPA Minnesota Professional Planner Leadership Award (2000) 70 CITY COUNCIL LETTER Meeting of January 28, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gait' Gorman BY:~,/' .~ Revocation DATE: January 22, 2008 DATE: NO: 08-15 to 08-24 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-21 - 4455 Main Street 2008-22 - 669 46`h Avenue 2008-23 - 4641-43 Taylor Street 2008-24 - 3806 Gauvitte Street 2008-15 - 1000 Peters Place 2008-17 - 657 47"' Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-15, 2008-17, 2008-21, 2008-22, 2008-23, 2008-24 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-15, 2008-17, 2008-21, 2008-22, 2008-23, 2008-24 being Resolutions of the City Council of the City of Columbia Heights approving r°evocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 71 RESOLUTION 2008-15 Resolution of the City Council for the City of Columbia Heights approvuig revocation nr~t to (~itv (`nrlc~ (~Tinrtor G d drtinlA TV Qantinr~ G d d(1S2(dl of tT»t r+artain racirlantial puruuuiu w ~.»y vvuv, w.uul/~>.i .~<>, i u ~av>v a ~ , vvv~>vu `.a >. ~ vv~a. >~ v> u>u~ vv> ~uu>>.+v....J.>..,.... rental license held by Peters Place Apartments, LLC (Hereinafter "License Holder"). Whereas, License holder is the legal owner of the real property located at 1000 Peters Place N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 29, 2007 of an public hearing to be held on January 14, 2008. 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 October 18, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 29, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted nine violations remained uncorrected from the initial license inspection. 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 January 4, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that tluee violations remained uncorrected. 4. That based upon said records ofthe Enforcement Oi~ce, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Unit #1 O1 -Shall replace all broken windows in the southeast bedroom b. Unit #101 -Shall repair all broken/missing windows latches c. Shall repair the 2nd floor south side hallway fire door to close and latch under its own power 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 SA.303(A). ORDER OF COUNCIL 72 The rental license belonging to the License Holder described herein and identified by license number F8435 is hereby revoked. 7 Tha (`itv ~z~ill r~net fr~r tha rinr^nnca nfr~ravantirur nrrnr^~anrv a ~~n~~ ~,fth;c ~rrlvr nn the ~.. ~,.....,,~~ .. ...t,.,,,~ ~.,. .....~,....1...~...,.i..~......,~,.~b ~,......t,.....,~ ...,.,t.~ .,............ ............. buildings covered by the license held by License Holder. 3. A11 tenants shall remove themselves fiom the premises within 60 days from. the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 73 RESOLUTION 2008-17 Resolution of the City Council for the City of Columbia Heights approving revocation »nrenant to (-'it~~ ('nrla f'ha»tr r S A Artirla TV Cartinn S A d(1R(Al nfthat c~.,-l-ain ,-PCi(jP.ntial rental license held by Van Le, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 657 47`x' Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 5, 2007 of an public hearing to be held on January 14, 2008. 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 30, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 December 5, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected from the initial license inspection. 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 January 4, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 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: a. Shall replace the rotten wood on the rear deck_ b. Shall scrape and paint the rear deck c. Shall remove the dead tree (tree stump) from the rear yard 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 SA.303(A). ORDER OF COUNCIL 74 1. The rental license belonging to the License Holder described herein and identified by license number F8715 is hereby revoked. 1 TL„ !"~:a_. .:11 ... ,.a F .. sl.,. .-. ~,-. ..+;,-. of+~~ia nra nr n» tea G. 1116 l.lly W i171.JV Jl 1Vt utG pal Nv $% Vt Yr ~`v'Ctt~tt tg vCCupuuC:y' a ivp`y'vi «uu vi~avi vu ~...J buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises witiun 60 days from the fast day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 RESOLUTION 2008-21 Resolution of the City Council for the City of Columbia Heights approving revocation „+ +,. !^~;+., /~..,7.. (~1„.„+.,.. G A A.,+;,.1,. T~7 C~,.t;.~„ C A il(1Q! A \ .+f t1.nt nA+•toin +-a~cirlc~r~tiol piirSuaui w t,ity ~.vu~, ~uaY«.i .~n, ~u ~i~.i~ 1 v , ~w~ivu /~.TVU~~ ~~ vi uiu~ ..va ~uui ..,~..,.,...+... rental license held by Almax F. Fetenessa (Hereinafter "License Holder"). Whereas, License holder is the legal owner of the real property located at 4455 Main Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 27, 2007 of an public hearing to be held on January 28, 2008. 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 21, 2007 inspectors for the City of Columbia Heights, uispected the property described above and noted seven 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 December 27, 2007 inspectors for the City of Columbia Heights performed a final. inspection at the property and noted six 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 January 23, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 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: a. Shall repair or replace the north bedroom Light switch that is broken b. Shall repair or replace the light fixture on the garage that is broken 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 SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8694 is hereby revoked. 76 2. The City will post for the purpose ofpreventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 2 411 tPnantc ehall 7•Pm(I~IP thP71tCP1VPC fi'nm the rn'PmtcPC cznthm h(1 rlavc fi'nm the first .,. ......,,.......... ,, .............. .......,....,.... ,.,, ...,.._ ... r..,..._.,_.. ........_ .,.......~~ _-~--- ---- ---~- day ofposting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~~ RESOLUTION 2008-22 Resolution of the City Council for the City of Columbia Heights approving revocation ...~ 4.. /'';+., f`...a.. !''1,..,.f-....• G A A..t:,~.lo T~7 C'o..t:nr. ~ A /1(1Q(A 1 n~+l~o4 na~r4.~ir~ raeit~ar~tio~ purSiiau< w ~.i~y t.vuG, ~,.uurr~~i /t-~, t-u ~i~.i~ i v , ~w~lvu .~~ ~.-rv~r`< ~~ vi uiu~ .~... ~u.ii i w,......~..... rental license held by Marie Galvan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 669 46`x' Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 4, 2008 of an public hearing to be held on January 28, 2008. 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 29, 2007 inspection oiTice 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 4, 2008, 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 anal violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Helder and ary 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 SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U669 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. ~g Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gaiy L. Peterson L ~tte~t. Patricia Muscovitz, CMC City Clerk 79 RESOLUTION 2008-23 Resolution of the City Council for the City of Columbia Heights approving revocation < <_ ~~.__ n_ ~_ n~___~_._ c A A _.~]_l.~ TV r_........ c n .tnoi n ~ ..c.1..,4 ,.,...~,.:., ..,,,,;a,,,.t:.,l 1JUISltalll LU L lly l•UItG, 1.11A1JLG1 JL-i, ti1l1G1G 1 v , .~cl.uvll JI"1.YVO~t`~~ vt uiai ~~i Maui iwiu~uuui rental license held by Riaz Shad (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4641-4643 Taylor Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 3, 2008 ofan public hearing to be held on January28, 2008. 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 28, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 3, 2008 inspectors for the City of Columbia Heights performed a fmal inspection at the property and noted four 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 January 18, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that four violations remained uncorrected. 4. That based upon said records ofthe Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. 4643 -Shall repair or replace the damaged side storm door b. Shall scrape/paint overhead garage doors c. 4643 -Shall replace the broken glass in the front door d. 4643 -Shall repair or replace the damaged side storm door 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 SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by so license number F8626 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the L__:i.l:._._~ _ ~a 1._. +L... 1:..,,..,..,, T...t.i 1.., T ~ LT..l.a o.- UU11Ull1~'J l.V VerGU Uy U1G L11.1.11Jt~ 11G1U U~' L1t+Vi1JV tivlu~l. 3. A11 tenants shall remove themselves from the premises within 60 days from the first day ofposting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered yby: J el.~)lld Uy: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk st RESOLUTION 2008-24 Resolution. of the City Council for the City of Columbia Heights approving revocation _ r:~_. n.. a _ ri.......,... c n n ..+:..t~ i~ ~ c,.,.~;,.,.. c ~ An0! n ~ ,.F~1.,,r ,. o.-+.,.,, .-o~:,lo„t;~t pl.lr slAdrlt tU l.lly l.VliG, L112It1LG1 JL'1, L'11 L11.1G 1 V , JI+lJ L1V 11 /A.TVU`L'1J vi uiul ~~i auui i~.oiuwiuua rental license held by Dimeji Alamutu (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 3806 Gauvitte Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.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 11, 2008 of an public hearing to be held on January 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 27, 2007 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 11, 2008, inspection office staffreviewed 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: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, includiing 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 SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U3806 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. s2 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson 1~ t*°~*' ~~ ~. Patricia Muscovitz, CMC City Clerk 83 CITY COUNCIL LETTER Meeting of January 28, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER ~,TO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gornian BY: / Abatement ~ z,~ DATE: January 22, 2008 DATE. NO: 2008-09 to 2008-09 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2008-09 - 955 43rd Street 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 Number 2008-09 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-09, a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 84 RESOLUTION 2008-09 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 Stephen Wnuk (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 955 43`a Avenue 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 3anuary 7, 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 December 20, 2007 the Fire Department was called to the house on an emergency medical call and upon an-ival firefighters noticed a large amount of garbage and human and animal waste throughout the house. Both occupants of the home were transported to the hospital. 2. That on December 21, 2007 the Fire Department posted the structure uninhabitable and the owners of the home were contacted at the hospital of this declartion. The two pets belonging to the homeowners were removed and transported to the Camden Animal Hospital for boarding. 3. That on December 28, 2007 the Fire Department applied for and received a search warrant to enter the home for a complete inspection and assessment on what needed to be done to abate the health. and safety issues inside the structure. 4. That on January 3, 2008 the City of Columbia Heights hued contractor, in conjunction with the Anoka County Health Department inspectors, cleaned the inside of the house, removing any items that were deemed a health hazard. 5. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the uninhabitable structure located at 955 43`a Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 955 43`a Avenue 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. 85 3. That all applicable rights and periods of appeal. as relating to the owner of record, occupant, or tenant, as the case maybe, have expu•ed, or such rights have been exercised and completed. ORDER OF COUNCIL The property located at 955 43'x' Avenue 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE JANUARY 28, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-21, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Almex Fetenessa regarding rental property at 4455 Main Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-22, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Marie Galvan regarding rental property at 669 46t" Avenue N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Marie Galvan regarding rental property at 657 47t" Avenue N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-15, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Marie Galvan regarding rental property at 1000 Peters Place N.E.