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HomeMy WebLinkAboutFebruary 25, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 69sit ottr website at: mrvw.ci.cnlarnrhia-hei~~&IS.rrrrr.us Manor Gate L. Peterson Courrcilnrerubers RoGer7.4. N~ilHants Bruce Nat+vacki Tattttnera i5iel~nv Bruce KelzenGerg City Mana_eer ti~il6er R. Felrsl The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 25, 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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Dave Briley, Oak Hill Baptist 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..A__ND GUESTS A. Acknowledge Highland Elementary Awards ps Principal Katherine Page B. Presentation by DeVetter Des~n Group of architect's rendering of the additional gyrnnasium at p8 the Columbia Hei ht:? s High School site. C. Consideration of a Joint Powers Agreement (JPA) with School District #13 reg;ardin>? operation, p8 maintenance, and pro~,rammin~ of the Citv's_~vm__at the Columbia Heis;hts High School site. MOTION: Approve the Joint Powers Agreement (JPA) with School District #13 regarding operation, maintenance, and programming of the City's gym at the Columbia Heights High School site. D. Presentation by Buetow and Associates -proposed Public Safety Facility MOTION: Direct city staff to prepare a contract with Buetow and Associates to proceed with p10 final plans and specs for public safety facility. 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 ofthe February 11 2008 Columbia Heights City Council meetin>;. pl 1 City Council Agenda Monday, February 25, 2008 Page 2 of 4 MOTION: Move to approve the minutes of the February 11, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Library Board p23 MOTION: Move to accept the minutes of the January 8, 2008 Library Board meeting. C. Approve Ramp Lease Estoppel Certificate and Consent p26 MOTION: Move to approve the Ramp Lease Estoppel Certificate and Consent; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. D. Adopt Resolution 2008-34 accepting the donation of $150 000 from the Estate of Edith P. Wargo p33 for Wargo Court Park. MOTION: Move to waive the reading of Resolution 2008-34, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-34 being a resolution to accept the donation of $150,000 from the Estate of Edith P. Wargo, with conditions as listed for park and maintenance and improvements for Wargo Court Park. E. Adopt Resolution 2008-40 accepting the feasibility report for Universit~Service drive street p35 reconstruction and ordering the public improvement hearing, Cit~Proiect No. 0602. MOTION: Move to waive the reading of Resolution 2008-40, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2008-40, which accepts the Feasibility Report for University Service Drive Street Reconstruction, City Project No. 0602, and calling for the Public Improvement Hearing beginning at 8:00 p.m. on April 7, 2008. F. AdoRt Resolution 2008-41 accepting the Feasibility Report for Zone 1B 2 and 3A Street Seal p46 Coating and ordering the Public Improvement Hearing, City Project No. 0801. MOTION: Move to waive the reading of Resolution No. 2008-41, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-41, being a Resolution accepting the Feasibility Report for Zone 1B, 2 and 3A, City Project 0801, and calling for the Public Improvement Hearing beginning at 7:30 p.m. on Apri17, 2008. G. Approval of the attached list of rental housing license applications in that they have met the p48 requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for February 25, 2008. H. Ap-prove the Business License Applications p51 Motion: Move to approve the items as listed on the business license agenda for February 25, 2008 as presented. I. Approve~ayment of the bills. p53 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124774 through Check Number 124918 in the amount of $580,608.19. City Council Agenda Monday, February 25, 2008 Page 3 of 4 MOTION: Move to approve the Consent Agenda. items, 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. CaRital Equipment Replacement of the El ig n Eagle Street Sweeper from the State of p61 Minnesota Purchasing Contract MOTION: Move to purchase, off the State of Minnesota Purchasing Contract, the Capital Equipment replacement of the Elgin Eagle Street Sweeper from MacQueen Equipment, Inc. of St. Paul, MimZesota, uz the amount of $174,359.67 less atrade-in allowance of $13,500, for a total contract price of $160,859.67, with equal funding provided by the Street and Storm Sewer Capital Equipment Replacement Funds. MOTION: Move to authorize the equipment repair to Unit #44, an Elgin Pelican mechanical street sweeper in the amount of $16,880 by MacQueen Equipment of St. Paul, Minnesota. 2. A~~rove Coital Equipment replacement of Unit #70 Ford LT9000 tandem axle dump truck p63 and attachments from the State of MN purchasing contract. MOTION: Move to purchase frown the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck chassis to Astleford International of Minneapolis in the amount of $65,722.00, less atrade-in of $20,500 and purchase the dump box, front plow, belly plow and wing to J-Craft of Lake Crystal, Minnesota, in the amount of $83,505.59 for a total price of $127,727.59. C. Other Business 7. PUBLIC HEARINGS A. Adopt Resolution 2008-01 Cable programming service rates and Resolution No. 2008-02 Cable p64 eauipment and installation rates. MOTION: Move to waive the reading of Resolution 2008-O1, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-01, being an Order regarding the maximum permitted basic progranuning service rate set forth in the Federal Communications Commission Forni 1240 filed by Comcast on or about March I, 2007. MOTION: Move to waive the reading of Resolution 2008-02, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Cormnunications Commission Form 1205 filed by Comcast on or about March 1, 2007. B. 1st Reading: Ordinance 1537 Zoning Amendment to create the Public and Open Space District p71 MOTION: Move to waive the reading of Ordinance No. 1537, there being ample copies available to the public. City Council Agenda Monday, February 25, 2008 Page 4 of 4 MOTION: Move to set the second reading of Ordinance No. 1537, for Monday, March 10, 2008, at approximately 7:00 p.m. iii the City Council Chambers. C. First reading; of Ordinance No. 1538, Surface Drainage connection and dischar e inspection p82 incentive. MOTION: Move to waive the reading of Ordinance No. 1538, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1538, for Monday, Mardi I0, 2008 at approximately 7:00 p.m. in the City Council Chambers regarding Surface Drainage comnection and discharge inspection incentive. D. Adopt Resolution 2008-35, 4154-4156 2nd Street N.E. and Resolution 2008-36, 5056 p86 Washington Street N.E. being Resolutions of the City Council of the City of Columbia Heights roving rental license revocation for failure to meet the requirements ofthe Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-35, 2008-36 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-35, 2008-36 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. E. Adopt Resolution 2008-37, 1635 49th Avenue Blvd. N.E., Resolution 2008-38, 3938 2nd Street p89 N.E.: and Resolution 2008-39, 4707 Central Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights• MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-37, 2008-38, 2008-39 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-37, 2008-38, 2008-39 being resolutions 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. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOU ENT ~~' Walter R. Fehst, City Manager WF/pvm l~igrland ~~~~~I~ta~-y ~~h~~~ Columbia Heights, MN Awards: • Minnesota Association of Administrators of State and Federal Education Programs (MAASFEP) Exemplary District Service Award 2004 This award was given at the MAASFEP Conference because.of the effectiveness of our programs. Our students showed a lot of growth in reading and math, in their fall to spring testing. • Designated as Five Star School in reading and math as result of MCA II scores, 2006 the Five Star School status was given to us because we exceeded out targeted goals on the Minnesota Comprehensive Assessment Test (MLA's) and outscored schools with similar demographics. • Minnesota Academic Excellence Foundation (MAEF} Spotlight Award 2006, and 2007 This award is given to schools that demonstrate academic excellence and evidence significant gains in student achievement. The foundation members looks at school and district goals, curriculum and instructional practices, programs, staff development and data collected to drive instruction. Certification of Recognition from the University of Minnesota, Center for Reading Research 2007 The University of Minnesota recognized Highland because of the programs that we are using far reading and the success that our students have had in reading. The U of M staff also looked at MCA scares and our demographics. . • National Distinguished Title 1 School 2007 This award is given to two schools in the state for their good test scores on the MCA aver a number of years. The schools have to have Title Programs and this aid is given because of the demographics of fihe students. COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: February 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Joint Powers BY: Walt Fehst, City Manager BY: `~' -~ , Agreement w/School District DATE: February 21, 2008 DATE: 1 #13 for gymnasium NO: Back rg ound: On January 14, 2008, the City Council authorized City Staff and Mayor Peterson to negotiate a Joint Powers Agreement (JPA) with ISD #13 (Columbia Heights) for the building and operation of one additional gyln to the District's building project on the North and East end of the Columbia Heights High School. Over the course of the past several weeks, there has been an assortment of meetings and phone conversations to review design plans and draft documents in an attempt to arrive at a JPA that is acceptable to the City and the District. Anal_Ysis: The resultant JPA attempts to be as flexible as possible in allowing_joint use of all the facilities by the District and the City. The basic premise resides in sharing the costs equally based on cost per square foot for heat and maintenance of the facility. For example, operation of the boiler to heat all of the square footage of the buildings served (High School and Highland Elementary, which are steam heated by the same boiler system) for 2007 came to $168,528.96 for 380,000 sq. ft. The resulting cost is $.44 per sq. ft. for steam heat into the new addition given an approximate similar usage pattern. The city's additional space is 13,355 sq. ft. -total cost for heat projected using 2007 figures equals $5,922.90. This number is only an approximation of the cost in the new wing, but shows the District's superb efforts in keeping control of an essential cost of operating these buildings. The JPA also suggests sharing cleanuig and maintenance costs with the School District on a square footage basis. As of the writing of this cover memo, the final JPA has not been drafted. The City's and District's attorneys are still working on this. One thing should be absolutely clear from the JPA, that is that the City is in complete control of scheduling, the programming and use of its additional g ran. The City also requested that the JPA be drafted to allow the City the option of paying for their own maintenance and cleaning costs of the facility, should it desire to do so. Finally, the electric costs were to be separately metered. This may or may not be important for us to keep our costs down. Agaui, if the costs per square foot which I have been given are accurate, based on 2007 electric costs, the square footage costs to us would be $.24 per sq. ft. or $3,153 per year. I would certainly like to maintain this favorable rate how ever we decide to deliver the electric service to the building. Two factors which could affect these rates -the City's continuation with the School District in the "Brown Out" policy of Excel and the possible addition of air conditioning. Recommendation: The City Manager recommends the City Council review and approve the Joint Powers Agreement with Independent School District #13 for the construction and operation of an additional g}nn at the Columbia Heights High School site. MOTION: Approve the Joint Powers Agreement (JPA) with School District #3 regardu1g operation, maintenance, and prograiruning of the City's gym at the Columbia Heights High School site. COUNCIL ACTION: COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of February 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MA.NAGER'S NO: Administration APPROVAL ITEM: Proposed Public Safety BY: Walt Fehst ,~-'.- BY: ~''" f ~ ~.~' ~'' a Facility -Direction request DATE: February 22, 2008 DATE: NO: Background: On August 13, 2008 the City Council approved Buetow and Associates, Inc. to provide the City of Columbia Heights Public Safety Building Pre6desigi~ Services. Administrative, Police, and Fire Staff have been working with Buetow and Associates since that time on various proposals for a Public Safety building. At this trine, staffrequests direction to prepare a contract with Buetow and Associates to proceed with final plans and specifications for a public safety facility. Recommended Motion: MOTION: Direct city staff to prepare a contract with Buetow and Associates to proceed with fugal plans and specs for public safety facility. COUNCIL ACTION: 10 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 11, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February i 1, 2008 in the City Council C1-ialmbers, City Hall, 590 40t1, Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehtn, Councilmember Kelzenberg Rev. Ruth Hograbe, Community United Methodist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2008-29 in that the property has been brought into compliance. Peterson also removed Resolution 2008-34 for further review. Nawrocki expressed regret that the agenda was not posted on the cable site as of yesterday. He stated that the City Council meeting was not being played and that there were only two programs running on our cable channel. Patty Muscovitz, City Clerk, indicated there are technical issues that we are working to correct. The Council meeting is being played on Channel 15, with a scroll on Channel 16 to identify this. Nawrocki asked that this be added to the Channel 16 daily schedule. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND -- GUESTS -none CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the January 28 2008 Columbia Heights City Council meeting. Motion to approve the minutes of the January 28, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the January 2, 2008 Park and Recreation Conunission. Motion to accept the minutes of the October 23, 2007 HRA meeting. Motion to accept the minutes of the November 27, 2007 special HRA meeting. Motion to accept the minutes of the November 27, 2007 EDA meeting Motion to accept the minutes of the January 14, 2008 special HRA meeting. Motion to accept the minutes of the January 17, 2008 Telecommunications Commission meeting. Motion to accept the minutes of the January 17, 2008 Charter Conunission meeting. Motion to accept the minutes of the February 6, 2008 Planning and Zoning Commission meeting. C. Establish the Local Board of Review meeting; date for Monday, April 7, 2008, at 6:00 p.m. in the City Council Chambers. Fehst explained that citizens unsatisfied with their property tax rate can come and speak to the Anoka County Assessors that set the rates. Nawrocki stated that residents should have received 11 City Council Minutes Monday, February 1 1, 2008 Page 2 of 12 their proposed tax rate and will receive the final rate prior to the Board of Review. Motion to establish the Local Board of Review meeting date for Monday, April 7, 2008, at 6:00 p.m. in the City Council Chambers. D. Approve Raffle Little Vo~aer's Montessori School, St. Timothy's Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on Apri125, 2008; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Request Authorization to Purchase Three Replacement Police Vehicles Fehst stated this replacement is the yearly practice to maintain proper vehicle replacement. Nawrocki stated that we bought a new car for the Building Official and asked why one of these vehicles could not be used for that position instead of the Public Works Director who will put on 80 miles a day. Motion to authorize the purchase of two 2008 Ford Crown Victoria and one 2008 Ford Taurus police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $61,375 and to authorize the Mayor and City Manager to enter into a contract for the same. F. Authorize payment of $19 246.69 to Anoka County for administering the 2007 Tax Increment Financing Laws of Minnesota Truth in Taxation and SRecial Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. Motion to authorize payment of $19,246.69 to Anoka County for administering the 2007 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. G. Adopt Resolution 2008-27 being a Resolution identifying the need far Minnesota Hausing Finance A~ency (MHFA) Community Revitalization Fund (CRV) funding and authorizing an application for grant funds -removed for discussion H. Adopt Resolution No. 2008-31 being a Resolution approving a Conditional Use Permit for a consignment/secondhand store located at 508 - 40th Avenue NE. Motion to waive the reading of Resolution 2008-31, there being ample copies available to the public. Motion to adopt Resolution No. 2008-31, approving a Conditional Use Permit for a consignment/secondhand store located at 508 - 40th Avenue, subject to the conditions outlined in Resolution No. 2008-31. RESOLUTION N0.2008-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 508 - 40"' Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(1), to allow aconsignment/secondhand store. 12 City Council Minutes Monday, February 11, 2008 Page 3 of 12 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission. regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traf#ic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NO~'V, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plamiing Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within osae (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Consigtm~ent/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing eonsignment/secondhand stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for dle purposes of removing litter found thereon. Authorize staff to seek bids for the Capital Equipment Replacement of Unit #44, Elgin Ea>;le Street Sweeper Motion to authorize staff to seek bids for the Capital Equipment Replacement of Unit #44 Elgin Eagle Street Sweeper. J. Authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT9000 Tandem Axle Dump truck and attachments Kevin Hansen, Public Works Director, indicated that we currently have two street sweepers. The one to be replaced is 15 years old. The estimate for the sweeper is about $150,000. The dump truck replacement is with a single axle with attaclurtents for $145,000. Motion to authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck and attachments. 13 City Council Minutes Monday, February 11, 2008 Page 4 of 12 K. A~~roval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for February 1 I, 2008. L. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 11, 2008 as presented. M. Approve payment of the bills. Nawrocki questioned why four people were sent to the Ehlers and Associates conference at $230 per person. Diehm indicated that she attends as part of her job and feels it is one of the best continuing education events available. The cost is reasonable. Nawrocki indicated that there is probably value iii the conference, but questioned sending four people. Fehst stated that is the premier conference in the state and he specifically appealed for someone from the Finance Department to attend. This is very specific to the job we do. Nawrocki questioned if the five laptop computers purchased for $1,500 were by competitive bid. He indicated that he previously requested a breakdown of consultants and add on totals, but only received a limited list. It is council's job to be able to tell people why we are spending money and we should have the information. Motion to approve payment of the bills out of the proper fund as listed in the attached. check register covering Check Number 124599 through Check Number 124773 in the amount of $623,083.07. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the exception of item G. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2008-27, being_a Resolution identifying; the need for Minnesota Housing Finance Agenc~(MHFA~ Community Revitalization Fund ~CRV) funding and authorizing an application far grant funds Nawrocki asked what we would do with this grant. Fehst indicated it would be used to purchase dilapidated property and develop owner occupied homes. Nawrocki questioned the homes becoming rental. Diehm stated that we can not control what is done after they are purchased. Kelzenberg indicated there is a stipulation that the resident must reside in the home for five years. Fehst stated that the average price of GHMC homes are $235,000. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2008-27, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-27, being a Resolution identifying the need for Mimnesota Housing Finance Agency (MHFA) Community Revitalization Fund (CRV) funding and authorizing an application for grant funds. Williams read information on our partnership with the Greater Metropolitan Housing Council on the size of a current home and the typical large size of the two replacement homes. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-27 14 City Council Minutes Monday, February 11, 2008 Page 5 of 12 RESOLUTION IDENTIFYING THE NEED FOR MINNESOTA HOUSING FINANCE AGENCY (MHFA) COMMUNITY REVITALIZATION FUND (CRV) FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, tlae City of Columbia Heights Economic Development Authority (EDA) adopted the ten- year Housing Maintenance Plan 2008-2017 to provide support to maintain the City's housing stock; and WHEREAS, the City of Columbia Heights City Council designated fiu7ds far the housing maintenance program; and WHEREAS, the Single-Family Home Replacement Program (SFHR) is a component of the Housing Maintenance Plan; and WHEREAS, the SFHR supports the Comprehensive Plan housing strategy of "demolishing the most seriously deteriorated single-family homes and working with the private sector to develop appropriate replacement housing;" and WHEREAS, $50,000 is progra~mned for allocation every other year for the SFHR in order to leverage additional funding from the Minnesota Housing Finance Agency's (MHFA) Coimnunity Revitalization Fund (CRV); and WHEREAS, the goal of the CRV program is to maintain and/or increase the supply of affordable, owner- occupied, single-family housing in the neighborhoods and coimnunities tlu-oughout Minnesota; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2008 CRV application to be submitted on February 11, 2008; and BE IT FURTHER RESOLVED that the City of Columbia Heights has coimnitted $50,000 to the SFHR. program to leverage further funds from the MHFA's funding resources; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to unplement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $175,000 for CRV funding from the Minnesota Housing Finance Agency (MHFA). ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 1. Resolution Accepting Donation of $125,000 from the estate of Edith P. Wargo for Wargo Court Park -removed 2. Public Safety Facility Fehst stated that staff met with Buetow and Associates today to review additional layouts for the NEI site plans for a Public Safety Facility. They are available for viewing in the Fire Department. The concern of a four percent rise in the land is not significant. The architect presented three additional alternatives. A presentation was planned for tonight, but we were not fully prepared. A final recommendation will be presented at the next Council meeting. Fehst stated that all of the building options were placed at the south end of the property. Nawrocki stated that he would like to view a comparable facility. Fehst stated that the plan is estimated at 38,000 square feet. Nawrocki requested maintenance costs, i.e. heat and lighting. 15 City Council Minutes Monday, February 11, 2008 Page 6 of 12 PUBLIC HEARINGS A. Adout Resolution No. 2008-32. bein>? an amendment to Resolution No. 1998-90 for a lot st~lit at 4121 Stinson Blvd. Jeff Sargent, City Planner, stated this resolution is to amend a 1998 resolution changing the language on a condition imposed. The owner now wishes to sell the property to a neighbor. The pool has been removed, as requested, but they wish to allow the driveway to remain. There is a joint easement with the prospective buyer that would be recorded with the county. Nawrocki questioned where lot B is located. Sargent pointed it out on a map and indicated the easement would address maintenance issues. Peterson closed the public hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-32, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2008-32, approving an amendment to Resolution 98-90 to remove the requirement for removal of the driveway contingent on the sale of Tract "B" for the property located at 4121 Stinson Blvd., subject to the conditions outlined in Resolution No. 2008-32. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-32 RESOLUTION AMENDING RESOLUTION 98-90 FOR A MINOR SUBDIVISION (LOT SPLIT) LOCATED AT 4121 STINSON BOULEVARD WHEREAS, a proposal (Case No. 9810-43) has been submitted by Betty Hardle to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4121 Stinson Blvd. EXISTING LEGAL DESCRIPTION: Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights, Minn., Anoka Co., MN. THE APPLICANT SEEKS APPROVAL OF AN AMENDMENT TO RESOLUTION 98-90, TO REMOVE THE CONDITION OF APPROVAL THAT THE DRIVEWAY LOCATED ON SAID TRACT B WOULD HAVE TO BE REMOVED CONTINGENT TO THE SALE OF TRACT B. WHEREAS, the City Council has considered the advice and recommendations of the Plamiing Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and. risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on October 6, 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall record the joint driveway easement with Anoka County. B. 1st Reading_ Ordinance 1537, Zoning Amendment to create the Public and Open Space District Sargent recommended a new zoning district to include public and open spaces, such as public 16 City Council Minutes Monday, February 11, 2008 Page 7 of 12 buildings and parks. This would allow consistencies and continuity for parks, buildings, setbacks, etc. He referred to the current and proposed maps, Sargent stated that City Hall is now zoned residential, the public works building is zoned industrial, and the library is zoned light business. Sargent requested direction to add the NEI site, which is being considered for public purpose and the Hart Lake public property. Diehm stated her pleasure to see this clean up zoning. She questioned why residential homes were included as a permitted use. Sargent indicated that if in the future use requirements included residential, this would allow the resident to contiizue to live there until the time of necessary use. He referred to two residential properties at Edgemoor Park that were included in the overlay district, which he wishes to further research. Diehm questioned why they would not be carved out of the district. Sargent indicated this would allow for future inclusion. Diehm. questioned if we included the NEI site and hypothetically gave it to the YMCA and they sold it to Ryland Homes; what would be our recourse. Sargent indicated that we own the land and if transferred to a third party it would require our approval. Nawrocki stated that one you dedicate a park, it must remaui so. Fehst stated that is true if obtained with federal money; replacement in-kind would be required. Nawrocki stated he did not see a problem with the way this reads. Diehm indicated the benefit would be that in our comprehensive plan we guide land, but if it is zoned as residential, such as a golf course, it could be sold to a developer. There is value to having park land zoned separately. Nawrocki stated that all of this land is publicly owned. We do not have an over abundance of park land and should preserve it. Diehm requested more information on single family and manufactured homes. Jim Hoeft, City Attorney, indicated that removal of this portion would require a new first reading of the ordinance. Diehm stated that she liked the open space designation, but would feel more comfortable with this reference removed. Nawrocki questioned if we have any such land occupied by residents. Sargent indicated he would research the two properties at Edgemoor Park. Peterson asked if they be able to rebuild if these homes burned. Hoeft stated only if they obtain a building permit within the specified time period would they be able to rebuild on the existing footprint. Diehm suggested placing those properties under residential designation. Sargent indicated that we may have a future interest in the properties. Diehm asked if Parkview Villa was included in this zoning. Sargent indicated that it is not. Sargent requested direction whether to include the NEI site and Hart Lake area. Diehm indicated that they should not be included until it is necessary to do so. Peterson questioned if we place a public safety builidng at the NEI site, would the current zoning permit it or would it have to wait the required time period for rezoning. Sargent stated that it would be allowed as a protected government use. Diehm questioned if inclusion would interfere with the notification process. Hoeft suggested not including the site and handling it under a conditional use permit. Peterson indicated the desire to include the Hart Lake portion in the ordinance. 17 City Council Minutes Monday, February 11, 2008 Page 8 of 12 Hoeft indicated that this should come back to Council as a first reading. Nawrocki questioned what the rest of Hart Lake is zoned. Sargent stated that on the west side the legal descriptions extend into the lake and the other portion is city land. Nawrocki questioned why cemeteries are included. Sargent indicated that we do not have cemeteries, but this would allow them as public space. Nawrocki questioned the definition of essential services. Sargent read the definition of essential services, which are items such as sewer and water services. Nawrocki asked if the properties adjacent to Edgemoor Park would be removed. Sargent stated he would research if they are currently included in Edgemoor Park. If they are included, it would allow for acquisition if sold. Nawrocki questioned park land at 3T'' toward 38`" at California, which is currently commercial. Fehst stated that it is only vacant property, not park property. Nawrocki stated that it is used as park property. Peterson indicated that it is chained off. Peterson indicated that someone had questioned if that could be a dog park, which could be considered. As for notification, Sargent indicated that five acres or more does not require a mailing, but this was published in the newspaper. Diehm suggested that the two properties at Edgemoor Park be notified. She stated that she would not be in favor of including them u1 this zoning classification. C. Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested re ardin~property at 1316-1318 Circle Terrace Blvd. N.E. Fire Chief Gary Gorman indicated this is a vacant duplex in foreclosure. There is outside storage at the property. At the last meeting there was an immediate abatement of the property for broken water pipes. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-30 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Number 2008-30 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. Williams suggested that the City Manager research the purchase of this property to begin improvements in this area. Upon vote: All ayes. Motion carried. RESOLUTION 2008-30 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance anal approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1316-1318 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, 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 24, 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: 18 City Council Minutes Monday, February 11, 2008 Page 9 of 12 FINDINGS OF FACT 1. That on January 7, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 24, 2008 inspectors re-inspected the property listed above. h~spectors 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 30, 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 1316-18 Circle Terrace is in violation of the provisions of the Colmnbia 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 1316-18 Circle Terrace 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. D. Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 1308-1310 Circle Terrace Blvd., Resolution 2008-28 and 4636 Washington Street, Resolution 2008-29 for failure to meet the requirements of the Residential Maintenance Codes. -Resolution 2008 29 removed Gorman indicated 1308-1310 Circle Terrace is owned by the same person as the last item. This property is also going into foreclosure. There are about 13 interior and exterior violations. Peterson asked if the heat is turned off. Gorman stated that all of the utilities are turned off. Peterson indicated that this would be the time to be proactive, speak to the bank and pursue redevelopment with GHMC. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2008-28, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Williams, to adopt Resolution Number 2008-28, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. RESOLUTION 2008-28 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 Ron Holmes (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1310 Circle Terrace Boulevard, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 26, 2007 of an public hearing to be held on February 11, 2008. 19 City Council Minutes Monday, February 11, 2008 Page ] 0 of 12 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 9, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted seventeen violations. A co:npl:allce letter listing the ViClatinllg ~xiac mailed Fjy reg~~lar mail to the Qcupel• at the address listed on the Rental Housing License Application. 2. That on December 26, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seventeen 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 31, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that thirteen 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. 1310 -Shall replace the missing screen door b. 1310 - Sllall replace the missing doorbell button c. 1310 -Shall repair the door knob and the door closer on the rear storm door d. Shall replace all missing screens on all windows and doors prior to May 1, 2008 e. Shall repair all damaged screens on all windows and doors on the building f. Shall replace all missing sections of siding on the building g. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides h. 1.308 -Shall repair the door closer on the rear stol-nl door i. Shall replace all broken windows on the building j. Shall remove all/any outside storage from the property k. 1308 -Shall repair the cabinet door in the kitchen 1. 1308 -Shall repair the shelving in the upstairs bedroom closet in. 1308 -Shall repair the mold issues upstairs 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 license number F8692 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. ADMINISTRATIVE REPORTS Report of the City Manager • There have been several meetings with the School District, City Manager, Mayor, and Recreation Director regarding builduig a gytnuasium. Council has received a draft Joint Powers Agreement and building layout, and their comments are requested. Timing is of the essence for the School District and they would like a commitment by the beginning of March to continue the engineering phase. The basic agreement is good. About a dozen designated parking spaces closer to the proposed facility would be desirable. Parking would be available at night. We are looking at adding a 1,000 or 2,000 square foot area for work out equipment, as we would not have access to their workout equipment during the day for security purposes. We would also like an open space for chairs and tables for seniors to use. The heat would be from a boiler that runs to the other school, and we would be charged by square footage. It would require an oversized 10 inch steam line, which would be an extra cost. However, we would not use the facility as much as they do, so we would suggest the building be metered. The gym would not be air conditioned at this time. It would be an option to place a heater and A/C unit on the roof, but we would pay for it. It has been great working with Kathy Kelly, Superintendent of Schools, and their other staff members. We will have a joint powers agreement for consideration before the next council meeting. Peterson indicated that the meetings have been cordial and we want the community behind 20 City Council Minutes Monday, February 1 I, 200$ Page 1 l of 12 this project. This will be a joint use facility for residents. Fehst stated that we are attempting to obtain the proposed maintenance costs for the facility. The building should have natural cooling, as it would be partially in the ground. We would have summer programs there and could see what AC would cost as an alternate. Nawrocki suggested looking to a mutual agreement with the steam rather than maintaining our own system. Nawrocki stated that he is not convinced that we need a second work out area. Peterson stated that in the existing plan you would walk directly into the dressilig room or the gym. It was reconunended to have a small gathering area at the entrance. Nawrocki stated that it is essential to get a handle on operating and personnel costs and what hours the gym would be open. It would not necessarily have to be open during the day, as it is for the youth. of our community. Fehst stated that we would be flexible and use it when we can. There were no showers in the locker rooms, but we feel there should be two or three showers in our end of the building. Peterson indicated that he is very excited about this project. If we have a problem needing someone to man it because of the use, that is success. He stated that he would love to have the need for it to be open 24 hours a day. Williams referred to a resident email regarding the nuisance of receiving weekly advertisement flyers in their yard. Peterson stated that there is not an ordinance against it. Fehst indicated that they can no longer use the mail box. Williams asked if there is anything we can do. Hoeft indicated consideration of a littering ordinance, but that is difficult to enforce. Nawrocki referred to the discussion of charging people on state aid streets for road improvements. Fehst stated that we are the only city of 20 others researched where people on state aid streets do not pay for road improvements. There is money from the govenlment for these heavier used roads, but to be fair and honest with everyone else we think that everyone should pay a minimum for improvements as others do on residential streets. Nawrocki referred to the inconvenience to residents on local state aid streets. Money received for these streets should be used there first before going to other projects. Nawrocki suggested removing the designation from these streets and their heavy traffic. • Nawrocki indicated that he did not get a response as to what the $300,000 funding application for 37th and Central was for. Fehst stated that the application indicated the purpose. Nawrocki stated that we were not told the developer had a plan. Fehst indicated that this topic has been discussed for months. The application was filed during the interim of hiring a community development director. Nawrocki requested the cost to purchase and demo the property. Peterson requested the number of grants we have received to see the comparison. Nawrocki suggested the $300,000 be used for the public safety builduig. Fehst stated that if council chooses not to do this project, funds can go back to the county and you can make application again. Nawrocki stated that council should be making the choices up front. • Nawrocki again requested information on consultant fees, stating concern about consultant fees less than $15,000 and those that have additional costs added to them. 21 City Council Minutes Monday, Febivary 11, 2008 Page 12 of 12 Report of the City Atton~ey -nothing to relaort. CITIZENS FORUM - no continents received. COUNCIL CORNER Kelzenberg • Stated that Friday is his last day at the Columbia Heights Post Office, as he is moving downtown. Thanked the citizens for letting him help them. Williams • Referred to Kirkwood Council massacre in Missouri. Met with the Hennepin County Sheriff and indicated he had kind words to say about Columbia Heights. • Attended the National Prayer Breakfast, where Minnesota was highlighted. Read the persons involved in the program. Met with local officials and referred to the keynote speaker from Africa. 156 countries attended the event. Diehm • Attended the SAGA spaghetti dinner and it seemed a huge success. • Their Empty Bowls fundraiser will be March 3 at Murzyn Hall. • The Values First value of the month is Citizenship and the definition is Patriotism. • Remember our servicemen and women. • The Multicultural Festival, to celebrate our diversity and our similarities, will be held February 23 at the High School. Nawrocki • Received the LMC's City priorities. A copy is available for review. Fehst stated this is also available on the League's web site. • The League will be part of the legislative session in St. Paul • Listed the history of the cable franchise and the control that was taken away from cities. • Department heads have rnet the police chief candidates. Council members should also be able to meet theirs. Peterson • Keep our servicemen and women in your thoughts and prayers. • Our prayer breakfast will be held on May 14. Teen Challenge will provide the speakers. They are nationally known for their successful drug and alcohol abuse program. • Let's not take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:07 p.m. Patricia Muscovitz CMC City Clerk 22 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 8, 2008 The meeting was called to order by Chair, Barbara Miller at 7:01 PM. Members present were Barbara Miller, Patricia Sowada, Lynette Thomson, and Catherine Vesley. Also present: Becky Loader, Stacey Hendren, City Council Representative Bruce Kelzenberg, Marsha Tubbs, Dana Weigman, and Cindy McCleary of BKV Group. Not present: Nancy Hoium The minutes of the December 4, 2007, Board meeting were approved as mailed. The bill list dated 12/26/07 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/28/07 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 1/14/08 of 2008 bills was reviewed. It was moved, seconded and passed that the bills be paid. The accounting dated 1/8/08 of 2008 bills was reviewed. There was an error and the accounting sheet dated 12/4/07 was given. The accounting sheet dated 1/8/08 of 2007 bills will be reviewed at the February meeting. Barb Miller welcomed special guest Cindy McCleary. McCleary gave a brief introduction. She is with BKV Group Architects and has been doing library design planning for the last eight years. She is a resident of Northeast and is very interested in the area. BKV Group is a 100-person landscape and architectural design firm. McCleary described the firm as a one-stop shop with a fully integrated multi-disciplinary design team. The firm's specialty is Libraries and government centers and has been involved in the Columbia Heights ACAC program. McCleary provided a booklet presentation. to the Board and guests. The booklet began with the history of the firm and the firm's experience. The presentation continued with building a library concept and the library focus. For a building concept there is a perceived value versus the actual. use. Supporters and partnerships need to be built to increase the public knowledge of the value versus the use. Ramon Gomez arrived at 7:30 pm McCleary briefly described the five-step design documentation process and gave a case study of the Rosemont Revitalization, which incorporated a license center in leased space. The Library is currently receiving revenue from the leased space and has room for future growth. McCleary then described an elementary school project, which generated community support by starting from scratch to discover what was important. Their concept of community created an unusual school building with a lot of conununity support. McCleary thanked the Board for allowing her to present, and said that she would like to continue working with them. Miller thanked McCleary for her presentation. Discussion and questions followed. 23 Catherine Vesley generated a concern. that ideas are not a problem but how does Board acquire money for a project. Lynette Thomson stated that she feels money should not be the first consideration because she feels it stifles creativity. Thomson questioned the LEED rating and "going green" in construction.Miller asked about possibilities on the existing lot. Bruce Kelzenberg brought up the possibility of having the Library as part of the Public Safety building. Loader stated that a campus effect with the Public Safety building separate from the Library would be a definite possibility. Discussion followed about the campus concept and development. Loader gave a brief description of the Library's history and what has been done since 1996 to create a new facility. It was stated that we are looking to build a facility that will last for 40 or more years into the future. Much discussion followed concealing McCleary's presentation and building possibilities. Dana Weigman left at 8:17 pm Thomson left at 8:45 pm Old Business: 1. The approved 2008 budget was discussed. The Library received all requested items and two new part- time staffpositions. Loader hopes to have the new staff positions filled by spring. 2. An update on recent behavior issues was given. The Library has a number of patrons trespassed and there have been fewer major problems since two youth leaders have been trespassed. Acting Captain Sergeant Lenny Austin carne to the Library on January 3`d to talk with supervisors and Cristy. Austin gave the staff information, processes and tools to help them when dealing with problem situations. 3. An update on the community center project was given. New Business• 1. Anoka County Library is now accepting utility bills for library card applications. Discussion followed about the possibility of forging a Utility bill, and what is used for voter registration. The item was tabled, and Loader will get more information for the Board. 2. ACL is now accepting credit cards for fines over $10. Loader spoke with Bill Elrite, Finance Director, and it would be simple for CHPL to get the equipment and to use it. ACL would need to set up the interface with Sirsi. It was moved, seconded and passed that CHPL pursue the ability to accept credit cards for fines over $10.00. 3. The 2008 platform planks for MLA/MEMO were given to Board members. MLA and MEMO are working together to support LGA. Board members discussed the amount designated for accessibility and improvement grants. 4. The Star/Tribune article on Ramsey County Library was discussed. The Board was interested in their 10 year plan versus the five year plan. 5. The article on the Stillwater Public Library was discussed. Items from the Floor: 1. The article on the Hudson Federal seed money was discussed. Loader will research the possibility of CHPL getting this type of grant. 2 24 2. The article on St. Paul literacy was discussed. 3. The article regarding a recent study concerning youth and library use was discussed. d• The Fnr>>c article nn ('T-tPT wac riicCi~ccPd- ThP Rnard i~ piPaged that strong media conneCtioris are bCltlg made. 5. The Board cannot meet on March 4`~' due to the national. caucus schedule. It was moved, seconded and passed that the meeting be changed to March 11`h There being no further business, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Stacey R. Hendren. Secretary, Library Board of Trustees. The City of Colzrmbia Heights does not discr°imitzate on the basis of disahility irz the adrnissiorz or° access to, or treatment or- e~zzplov~?lent in, its services, programs, or activities. Upon request, acconznzodation will be provided to allow individuals with disabilities to participate in all City of Colrmzbza Heights services, programs, and activities. 25 CITY COUNCIL LETTER Meetina of: Februarv 25, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve Ramp Lease Estoppel I BY: Scott Clark I BY; Certificate and Consent DATE: February 19, 2007 Background: The Northeast Bank Building (southeast corner of 40`h and Central) is in the process of being sold. A normal part of these types of transactions are estoppel agreements, which in this case memorializes past City and HRA Agreements. This estoppel certificate acknowledges and keeps in place the original parking ramp agreements and amendments. In addition, the new owner will present to the City, at a future date, a separate agreement that will keep in place the existing condition that allows the owner of the subject building to pay for both the ramp's maintenance contracts and expenditures. The City Attorney has reviewed and concurred with this document. Recommendation: Staff recommends Approval of the Ramp Lease Estoppel Certificate and Consent. Recommended Motion: Move to Approve the Ramp Lease Estoppel Certificate and Consent; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 26 PARKING RAMP LEASE ESTOPPEL CERTIFICATE AND CONSENT THIS PARKING RAMP LEASE ESTOPPEL CERTIFICATE AND CONSENT is given by THE CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation ("Owner"), and by THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, a public body corporate and politic under the laws of the State of Minnesota (the "HRA"), and by EQUITY PARTNERS, LLC, a Minnesota limited liability company ("Tenant") PRELIMINARY STATEMENT OF FACTS Owner and Tenant are the current parties to that certain Management Agreement for Parking Facilities and Lease of the Plaza Property dated July 20, 1982 and filed February 9, 1983 in the Office of the County Recorder in and for Anoka County, Mimnesota, as Document No. 607127 and in the Office of the Registrar of Titles in and for Anoka County, Minnesota, as Document No. 124953 (the "1.982 Lease"), relating to real property in the City of Columbia Heights, Minnesota, described therein (the "Property"). Tenant and Stadium Village Properties, LLC, a Minnesota limited liability company ("Buyer"), have executed a Sale and Purchase Agreement (the "Purchase Agreement"), under the terms of which Tenant shall convey and assign its interest in the Lease (as defined in Section 1, below) to Buyer and Buyer shall assume the Lease from Tenant. Buyer's lender ("Lender") is Grandbridge Real Estate Capital. In the Purchase Agreement, Buyer has required, as one of the conditions precedent to assuming the Lease, that Owner and Tenant execute and deliver this Certificate. NOW, THEREFORE, Owner and Tenant hereby certify to Buyer and Lender that: 1. All assigmnents, modifications and amendments of the 1982 Lease are described and listed on Exhibit A attached hereto and made a part hereof. The 1982 Lease, as so assigned, modified and amended, is referred to herein as the "Lease". 2. Owner and Tenant are the only owners of the respective interests of the "Agency" and the "Redeveloper" as such teens are used in the Lease. 3. Tenant has made all required rental payments due under the terms of the Lease. 4. The minimum annual rental payments required by the terms of the Lease are each in the amount of One Dollar ($1.00). 5. Owner has not received any security deposits from Tenant. 27 6. The term of the Lease conmienced on December 1, 1982 with respect to the Walkway Property, as defined in the Lease, and will expire on November 30, 2081. 7. The term of Fart Ii ofihe Lease renewed for ten (10) years after its initial twenty (20) year teen pursuant to the automatic renewal provision set forth in Section 5.02 of Part II of the Lease. 8. No structural remodeling or structural alterations, modifications or additions, as described in Section 4.03(b) of Part I of the Lease, have been made or performed. 9. The terms of the Redevelopment Contract (as defined in the Recitals of the 1982 Lease) and of the Assessment Agreement (as referred to in Section 5.02 of Part I of the 1982 Lease) are fully performed and said Redevelopment Contract and said Assessment Agreement are of no further force or effect. The Bonds (as defined in said Redevelopment Contract) have been paid in full. The Maturity Date (as defined in said Redevelopment Contract) has occurred. 10. The Certificate of Completion referred to in Section 1.02 of Part II of the Lease has been duly issued. 11. No mutual determination or agreement regarding the utilization of the parking ramp has been made by Owner or Tenant, as referred to in the tenth (10th) line of Section 1.02(a) of Part II of the Lease. 12. Any rules and regulations promulgated by Owner regarding the Parking Ramp (e.g., see Section 1.02(b) of Part II of the Lease) are attached hereto as Exhibit B. 13. No parking fees or charges are imposed upon users of the Parking Ramp, except as follows: [none, unless otherwise stated] 14. To Owner's and Tenant's knowledge, the Property and each component thereof are in the condition required by the Lease, and all conditions under the Lease to be performed by Tenant have been satisfied. 15. The Lease represents the entire agreement between Owner and Tenant as to the leasing of the Premises and is in full force and effect. From and a$er the assignment of the Redeveloper's interest under the Lease to Tenant, (i) Owner represents that it has not further assigned, modified, supplemented or amended the Lease in any way, and (ii) Tenant represents that it has not further assigned, modified, supplemented or amended the Lease in any way. 16. Owner represents that it has not executed any release, cancellation, notice of termination or other instrument affecting the Lease. Tenant represents that it has not executed any release, cancellation, notice of termination or other instrument affecting the Lease. 17. Owner knows of no existing default by itself or Tenant under any of the terms and provisions of the Lease. Tenant represents that (i) no event has occurred that, with the passage of time or the giving of notice, or both, would constitute a default by either Tenant or, to the best of Tenant's knowledge, Owner, under the Lease, (ii) neither Tenant nor, to the best of Tenant's 28 knowledge, Owner, have any existing defenses or offsets against the other party's enforcement of the Lease, and (iii) there are no ua~resolved or pending disputes between Tenant or, to the best of Tenant's knowledge, Owner, with respect to the Lease and/or the Property. Owner represents that (a) no event has occurred that, with the passage oftune or the giving of notice, or both, would constitute a default by either Owner or, to the best of Owner's knowledge, Tenant, under the Lease, (b) neither Owner nor, to the best of Owner's knowledge, Tenant, have any existing defenses or offsets against the other party's enforcement of the Lease, and (c) there are no unresolved or pending disputes between Owner or, to the best of Owner's knowledge, Tenant, with respect to the Lease and/or the Property. 18. The individuals signing this Certificate on behalf of Owner and Tenant, respectively, represent and warrant that they are duly authorized to sign this Certificate and bind Owner and Tenant, respectively. 19. Owner consents to the assigmnent of the Lease by Tenant to Buyer; provided that nothing herein shall constitute an agreement by Tenant, Buyer or Lender that such consent is required for assignment of the Lease. 20. Notwithstanding any other terms or provisions in this Certificate, the HRA makes no certifications to Buyer or Lender except as set forth in this Section 20. The HRA and the City represent and warrant to Buyer and Lender that the HRA's interest i11 the Lease was assigned to and assumed by the City sometime prior to June 30, 1988, but that the HRA and the City have been unable to locate the assignment and assumption document regarding the same. Owner, Tenant and the HRA have executed this Certificate on the dates indicated below with the knowledge that Buyer and Lender are relying upon the accuracy and completeness of the statements made herein. OWNER: THE CITY OF COLUMBIA HEIGHTS By: Its: Mayor- Gary L. Peterson By: Its: City Manager- Walter R. Fehst HRA: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS By: Its: Chair- Tammera Diehm 2s TENANT: EQUITY PARTNERS, LLC By: Its: 1177442? 30 EXHIBIT A 1. Assisnment of the Redeveloper's interest in the Lease: Management Agreement for Parking Facilities and Lease of the Playa Prupei°ty, between Tiie riousi~ig acid Redeveiop;~Lent Authority in and for the City of Columbia Heights, as landlord, and Terry Evenson, as tenant, dated July 20, 1982, recorded February 9, 1983 as Doc. No. 124953 (Tonens) and as Doc. No. 607127 (Abstract), which was assigned by the tenant to Zaidan Holdings, Inc., by the Assignment of Management Agreement, dated June 27, 1988, recorded July 26, 1988 as Doc. No. 177292 (Torrens) and as Doc. No. 816367 (Abstract), which was thereafter assigned to Mobilia, Ltd., by the Assignment of Management Agreement, dated Marcll 10, 1995, recorded September 4, 1997 as Doc. No. 300560 (Tonens) and as Doc. No. 1295184 (Abstract), which was thereafter assigned to Lake-State Properties, Inc., by the Assignment of Parking Agreements, dated July 14, 1997, recorded September 4, 1997 as Doc. No. 300561 (Tonens) and as Doc. No. 1295185 (Abstract), and which was thereafter assigned to Ectuity Partners, LLC, by the Assignment of Parking Ramp Lease, dated October 30, 2002, recorded November 13, 2002 as Doc. No. 412198 (Tonens) and as Doc. No. 1730236 (Abstract). 2. Assignment of the Agency's interest in the Lease: The Housing and Redevelopment Authority in and for the City of Columbia Heights assigned the Agency's (the Owner's) interest in the Lease to the City of Columbia Heights, and the City of Columbia Heights assumed the same, prior to June 30, 1988, but the assignment document cannot be located. 1177442.2 31 EXHIBIT B Rules and Regulations: [None, unless set forth hereinbelow.] 1177442.2 32 CITY COUNCIL LETTER Meeting of: 2-25-08 AC.EivDA SECTION: CONSENT AGEPdDA CITY 1VIANACER ORii~iNA T iivC DEPAR T iviFiv T NO: PUBLIC WORKS r~ ITEM: RESOLUTION ACCEPTING DONATION OF SY: K. Hansen BY: ~'~/ ~ $150,000 FROM THE ESTATE OF EDITI-I P. WARGO FOR DATE: 2/20/08 DATE: WARGO COURT PARK Background: Staffhas prepared a resolution for City Council consideration that accepts the donation in the amount of $150,000 from the Estate of Edith P. Wargo for park maintenance and improvements for Wargo Court Park. The primary intent of this resolution is to comply with Minnesota Statute 465.03 -Gifts to Municipalities. The statute provides that municipalities can accept gifts subject to donor teens, if the acceptance is by a resolution approved by at least two-thirds of the Ciry Council. It should be noted that the statute prohibits accepting gifts with religious or sectarian purposes. Analysis and Conclusions: The estate of Edith P. Wargo previously donated gifts to the Police, Fire and Rescue funds of Columbia Heights, without conditions. The Wargo estate also included a donation of $150,000 to Wargo Court Park, with conditions. Those conditions are in the resolution and are identified as: I . The funds donated from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts. 2. Representatives of the Wargo Estate, Linda Workman and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof. 3. The teen of the donation shall be 25 years. 4. Funds will be used in two categories: Annual Maintenance and Capital hmprovements. 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining funds would be used to maintain another City park in Columbia Heights. 6. Tl7e City will continue to provide Christmas decorations at Wargo Court for the term of the donation. Staff recommends that the City Council adopt the resolution accepting the donation in the amount of $150,000 with conditions as listed. Recommended Motion: Move to waive the reading of Resolution 2008-34, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2008-34 being a resolution to accept the donation of$150,000 from the Estate of Edith P. Wargo with conditions as listed for park maintenance and improvements for Wargo Court Park. Attachment: Resolution 2008-34 KH:jb COUNCIL ACTION: 33 RESOLUTION N0.2008-34 ACCEPT CERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gifts; Form Date Donor Amount Purpose Pledge 02/11/08 Estate of Edith P. Wargo $150,000 Park Maintenance and Improvements for Wargo Court Park Contributed Projects - Parlcs $150,000 Whereas the following conditions are made a condition of the Wargo Estate Donation: 1. The funds donated from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts; and 2. Representatives of the Wargo Estate, Linda Workman and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof; and 3. The term of the donation shall be 25 years; and 4. Funds will be used in two categories: Annual Maintenance and Capital Improvements; and 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining funds would be used to maintain another City park in Columbia Heights; and 6. The City agrees to decorate Wargo Court Park with lights during the Clu istmas season for the term of this donation. BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights that the City of Columbia Heights accepts this gift subject to the above referenced donor- prescribed conditions. Passed this 25`h day of February 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 34 CITY COUNCIL LETTER Meeting of 2/25/08 AGENDA SF,CTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS - ITEM: RESOLUTION 2008-40 ACCEPTING THE BY: K. Hansen BY: 'C~ FEASIBILITY REPORT FOR UNIVERSITY SERVICE DATE: 2/20/08 DATE: DRIVE STREET RECONSTRUCTION AND ORDERING TI-IE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO.0602 Background: Staffhas developed preliminary plans and prepared a Feasibility Report for Reconstruction of University Service Drive, from 40`" to 45`" Avenues. The nroiect has been discussed over the last counie ofvears with nronerty owner interest for road rehabilitation, increasing the safety for pedestrians and introducing screening from TH 47. Analysis /Conclusions: Attached is the Feasibility Report that details the scope of work for the University Service Drive project. Particular issues are summarized below: 1. Roadway Rehabilitation: Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial reconstruction, and full reconstruction. In each Zone, full and partial. reconstruction or mill and overlay is proposed for the street identified on the attached area map. A fourth strategy, seal coating, is addressed under separate engineering reports when seal coating work is proposed. Staff utilizes three methods in evaluating the condition of the street and determining appropriate treatment: l . Present physical structure (cross-section): Each street within the Zones have been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. 2. Non-destructive strength determination and condition rating: Braun lntertec, a geo-technical engineering consultant, conducted tests on all streets at 50-foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also develops their own pavement conditions index. 3. Overall Condition Tndex (OCI): Staffalso reviews each street segment by measuring the type and quantity of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maximize the life of the street. 2. Utilities Replacement: Sanitary sewer and water main have been reviewed in the Service Drive and have been found to be in acceptable condition.. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility replacements. Fire hydrants, gate valves and manhole castings are recommended to be replaced in this project segment due to their condition and/or age. Storm sewer is recommended to be replaced in the entire segment for proper capacity and separation from the State Trunk Highway system. COUNCIL ACTION: 35 CITY COUNCIL LETTER Meeting of: 2/25/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS lJ ITE1~1: RESOLUTION 2008-40 ACCEPTING THE BY: K. }3ansen BY: FEASIBILITY REPORT FOR UNIVERSITY SERVICE DATE: 2/20/08 DATE: DRIVE STREET RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO.0602 Continued -Page 2 3. Assessment Methodology: The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical fi•ont of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full. frontage. 4. Pedestrian Segment: The proposal includes a bituminous trail segment, 8 foot in width directly behind the west curb. The path would be separated from existing road segment and would the safety for walking /bicycling pedestrians. 5. Project Landscaping: Landscaping is proposed in MuDOT ROW to provide screening and reduce corridor maintenance will be planted west of the Service Drive. Proposed plantings include overstory trees, shrubs and. native grasses. 6. Financing: St<•eet Rehabilitation Zone 2 and 3: A 2008 Cooperative Agreement has been awarded to the City for this project, totaling $550,000. The MnDOT funds have a defined expiration date in July of 2008 if a contract has not been awarded by that time. The total project estimated costs and proposed project funding is as follows: The estimated construction costs are as follows: 1. Service Drive reconstruction: $ 656,500. 2. Storm Sewer: $ 133,500. 3. Landscaping: $ 125,400. 4. Utilities: $ ** Project funding is proposed as follows: Cooperative Agreement: $ 550,000. Assessments: $ 79,400. Infrastructure Fund $ 85,300. OffSystem State-Aid: $ 112,800. Sanitary Sewer Fund: $ ** Water Construction Fund: $ ** Storm Sewer Fund: $ 88,000. COUNCIL ACTION: 36 CITY COUNCIL LETTER Meeting of: 2/25/08 AGENDA SECTION: CONSENT' AGENDA 0:2:vIN'A;';.^.'G DEP~:::Tn~El.,rr• C'TTY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2008-40 ACCEPTING THE BY: K. Hansen BY: ~, FEASIBILITY REPORT FOR UNIVERSITY SERVICE DATE: 2/20/08 DATE: DRIVE STREET RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT N0.0602 The costs and associated funding for utility work (**}will be further developed during the final design. Continued -page 3 It is proposed that engineering costs of 10% of the construction cost will be included in the overall project cost to fund Engineering and Administration costs. 7. Past Assessments: This area has not had improvements assessed in the last 10 years on other rehabilitation program area. streets. 8. Concurrent Projects: None. 9. Meeting Dates: Staffhas established the following meeting dates: Resident Informational: March 20`x', 2008 Public Hearing: April Th, 2008 Recommended Motion: Move to waive the reading of Resolution 2008-40, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2008-40, which accepts the Feasibility Report for University Service Drive Street Reconstruction, City Project No. 0602, and calling for the Public Improvement Hearing beginning at 8:00 p.m. on Apri17, 2008. Attachments: Feasibility Report Resolution Typical Section COUNCIL ACTION: 37 RESOLUTION NO. 2008-40 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR iTNiVFRCi'I'Y d~VErT~TE CEI2VIf'E i~I2iVE C'I'I2~+.E.T I2F.f'(Jln?CTI2iTf Ti(lN ANIl ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 002 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-26, a report has been prepared by the City Engineer with reference to University Avenue Street Reconstruction, and WHEREAS, the City has secured Mn/DOT Cooperative Agreement funds for a portion of the reconstruction costs, and WHEREAS, the report provides ilformation regarduig whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 25, 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Council will consider the improvement of such streets in accordance with the report and the assessment of abuttiig or benefited property for all or a portion of the cost of the improvement pursuant to Mirnlesota Statutes, Chapter 429 at an estimated total cost of the improvement of $~115.~()E) 2. A public hearing shall be held on such proposed improvement on the T" day of April, 2008, in the City Council Chamber at 590 40"' Avenue N.E. at 8:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 25`" day of February, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 38 FEASIBILITY F~EPORT FOR UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION 40th to 45th Avenues CITY PROJECT 0602 FEBRUARY, 2008 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 39 STREET RECONSTRUCTION COLUMBIA HEIGHTS, MINNESOTA UNIVERSITY AVENUE SERVICE DRIVE PROJECT NUMBER 0602 LOCATION: I17vIVERSITY AVENUE SERVICE DRIVE 40T'~' AVENUE TO 45T'-' AVENUE This feasibility study includes an analysis ofproposed street recoitistruction for University Avenue Service Drive from 40th Avenue to 45th Avenue. IMPROVEMENTS: Street Reconstruction - Concrete curb and gutter, granular sub-base if needed, new aggregate base and new bituminous surfacing. The major changes to the roadway are described below: • Access to the Service Drive from 40th Avenue from the Service Drive will be removed and a cul-de-sac constructed at the south end of the Service Drive. • An 8' wide bituminous sidewalk will be constructed on the west side of the roadway. Anew black vinyl chain link fence will be installed along the west edge of the sidewalk. • To accommodate the sidewalk, the roadway will be shifted approximately 4 feet to the east from mid-block between 40th Avenue and 42°d Avenue and extending to 45th Avenue. This is needed because of the steep slope between the Service Drive and T.H. 47 (University Avenue) • Landscaping to provide screening and reduce corridor maintenance will be planted along the Service Drive. Utility Construction - Utility construction will include storm sewer system replacements for proper design capacity and minor appurtance replacements and repairs as required to improve or maintain the water distribution and sanitary sewer collection system. INITIATION: City Council in accordance with the Street Rehabilitation Policy. 1 40 OWNERS Street Reconstruction uR.,TJTTII~:C': 1. LT1:2verslty A~Jey2~µe CPn~ICP Drive, 4ntl' to 4.Stl' Ayentiec (~~~ ISSUES: The fallowing is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross section with concrete curb and gutter. The roadway width would generally match the existing street width. From midblock between 40t1' and 42"a Avenue, the street is being shifted approximately 4' to the east to accommodate an 8' bituminous sidewalk. Maintenance along the fence and the T.H. 47 slope has been absorbed by the City of Columbia Heights. Landscaping is being planted to reduce the maintenance requirements. Utilities Hydrants and gate valves are being replaced. Stone sewer catch basins are being added to the west side of the Service Drive. The needs for sanitary sewer system repairs are being identified. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. FEASIBILITY: The proposed improvement project is necessary to provide anon-motorized north south link and to provide consistency with the street rehabilitation policy, cost- effective with the inclusion of partial State Aid and city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in summer of 2008, with substantial completion occurring in the early fall of 2008. Council receives Feasibility Report and orders Public Improvement Hearing Public Informational meeting prior to Public Improvement Hearing Public Improvement Hearing and Council orders Public Improvement Project Council Approves Plans and Specifications, Authorizes Advertisement for Bids Bid Opening Council Awards Contract Begin Construction Construction Completed February 25 March 20 April 7 Apri122 June 3 June 9 June 23 September 19 2 41 FINANCING: Financing would be a combination of assessments to benefited properties, State Aid Cooperative Agreement funds, Municipal State Aid Off-system Construction funds, Infrastructure fiords and utility fi~.~ds. iTn3yPrcity ~,yPni~P CPrv~cP T)ri~~ The estimated construction cost for University Avenue Service Drive is 915,500. The street rehabilitation program. indicated a deep mill and overlay is required on University Avenue Service Drive to maintain the street in good driving condition. Therefore the proposed assessment is for a mill and overlay at the 2007 rates. Type of Construction Proposed Assessments Mill and Overlay $ 75,400. Percentages proposed to be assessed for street are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed as part of the project will be paid for from the appropriate utility fund. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending '/2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. 3 42 2008 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 0602 STREET RECONSTRUCTION UNIVERSITY AVENUE SERVICE DRIVE (Section 35, T30N, R24W) L STREET RECONSTRUCTION Estimated Cost: $ 915,500 Assessable Construction Cost: $ 79,400. Estimated Assessed Cost per Parcel Residential Street: $ 1,729. Residential Avenue: $ 576. 4 43 PROPOSED MN/DOT R.O.W. UNIVERSITY AVE STREET TYPICAL SECTION ( 8' SIDEWALK ) 5' BLACK wNYL ~ TYPICAL STREET SECTION ALIGNMENT COATED CHAIN I STA. 208+50 - 228+60 LINK FENCE STA. 229+30 - 235+30 I 13' 13' 0.5' I 8' SIDEWALK (-~- VARIES LANDSCAPE /SCREENING: TREES, SHRUBS 4 __ NATIVE GRASSES __ - "- " --- - ---- - - o• --- -`.D •/ FT--- 002' FT. 0.02' FT.-- -T"~ 4° SELECT TOP501L & SOD -I 72° CONCRETE MAINT. STRIP 7' TYP INSET A J INSET B SIDEWALK 3" TYPE MV WEARING COURSE MIXTURE 6" AGGREGATE BASE CLASS 5 SPEC 2211 INSET B EXISTING; MN/DOT R.O.W. Ii VARIES -{ /-4" SELECT TOP>OIL~"_ -" BACKFILL WITH SELECTED 501E EXIST.\G STRCEi & 317UM'NOU3 _I4P"S L8618 CURB & GUTTER (TYP) STA 206+00 - 226+50 & STA, 231-OC - 235-3D INSET A ROADWAY PAVEMENT SECTION TACK COAT 1.5" TYPE MV WEARING COURSE MIXTURE 2.5" TYPE MV NON-WEARING COURSE MIXTURE 12" AGGREGATE BASE CLASS 5 SPEC 2271 I hereby certify that this plan wos prepored by me or untler OESIQIED BY : RICH NORUSigp.1 SCALE my direct supervision one lhnt 1 am o duty Licensed Professional pgpyM BY : gICN NORfISIRON /I, , UNIVERSITY AVE. SERVICE DR. pRO~ECr No. Oso2 Engineer under the mws of the state or Mhnesoto t\It-J/ CITY 0 f COLUMBIA HEIGHTS 40TH AVE. TO 45TH AVE. S.A.P. n3-Oto-O? a OpiE : EEBflUARY ZgoB ~ 0602-TYPICAL-2.OWG coNSmucrEp : t+oR2oNrAE : l^ = 2' TYPICAL SECTIONS Date license No. psBUar: VERiiCAI : t° = 2' 8' SIDEWALK SHEET t OF t 44 CITY COUNCIL LETTER Meeting of: 2/25/08 AGENDA SECTION• CONSENT Af:>/NnA Ol'cifiiPvA T iivG DEr^ARTiviEN T : CITY 1blANAGE!? NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2008-41 ACCEPTING BY: K. IJansen BY: - ~' -e' THE FEASIBILITY REPORT FOR ZONE 1B, 2 AND 3A DATE: 2/20/08 DATE: STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT N0.0801 Reminder: Please bring the Feasihility Report Izanded out nt the Work Session of Jazzuary I4, 2008. Background: Staffhas developed preliminary plans and prepared a Feasibility Report for Zone 1 B, 2 and 3A of the Seal Coat Program. The Seal Coat area is located between Reservoir Boulevard and Stinson Boulevard from 37`h Avenue to 45`h Avenue and Central Avenue to Stinson Boulevard from 45`x' Avenue to 49`h Avenue. In accordance with the Street Rehabilitation Policy, Zone 1 B, 2 and 3A streets that were rehabilitated in 1997 and 1998 are being seal coated at the City's cost. Streets included in the 2007 Street Rehabilitation program will not be seal coated. The map included with the Feasibility Report displays the streets proposed for Seal Coat and the funding source. Analysis/Conclusions: The seal coat program helps preserve and maintain existing bituminous streets in good driving condition. Particular issues are summarized below: 1. Assessment Methodology: The Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are ~/3 of the street rate extending '/ block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $276.00 per Street parcel and $92 per Avenue parcel. 2. Financing: The estimated construction cost is $237,1.00. 100% of the seal coat construction cost is assessed to property owners. 3. Meeting dates: Staffis recommending the public improvement hearing be scheduled following the Council meeting on Apri17, 2008. The bidding process will be administered by the City of Coon Rapids as part of a multi-City J PA for various street maintenance activities. Recommended Motion: Move to waive the reading ofResolution No. 2008-41, there being ample copies available to the public Recommended Motion: Move to adopt Resolution. No. 2008-41, being a Resolution accepting the Feasibility Report for Zone 1 B, 2 and 3A, City Project 0801, and calling for the Public Improvement Hearing beginning at 7:30 p.m. on April 7, 2008. KH jb Attachment: Resolution COUNCIL ACTION: 46 RESOLUTION N0.2008-41 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 1B, 2 ANTI 2A CTRF.E.'T 5F~AL f'(lA'TING AI~TTI (IRnE,I2~l~C: T'HF PT1BLIf MPROVEMF.NT HEARING CITY PROJECT - NO. 0801 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2008-18, a report has been prepared by the Director of Public Works with reference to the Zone 1 B, 2 and 3A Street Seal Coating Program, and WHEREAS, Zone 1B is bounded by Taylor Street to Jolnlson Street, 45`" Avenue to 47`" Avenue; Zone 2 is bounded by Reservoir Boulevard to Stinson Boulevard, 37`" Avenue to 45"' Avenue, and Zone 3A is bounded by Central Avenue to Stinson Boulevard, 47`" Avenue, Johnson Street, 45`" Avenue to 49`" Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 25, 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cast of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $237,100. 2. A public hearing shall be held on such proposed improvement on the 7`" day of April, 2008, in the City Council Chamber at 590 40`" Avenue N.E. at 7:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 25`" day of February, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 47 CITY COUNCIL LETTER Meeting of Februar~25, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fii e MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BYE ~,. ~~ Licenses ~~~ NO: DATE: February 19, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for February 25, 2008. COUNCIL ACTION: 48 List of 2008 Rental Licenses to Approve Occupany t.D. Property Owner Name Property Address 10069 Anne Binczik 30041 Richard Caron 20148 Harold Clark 20045 Godfrey Edaferierhi 30079 Charles Gramith 30098 Jim Horn 30028 Douglas Jones 20331 Mark Mackey 30067 Samuel Mikre 20124 Dean Olson 10147 Christain Saumweber 20123 Marvin Sowada 20032 Michael Vanderheyden 5055 6TH 1020 40TH 4512 WASHINGTON 4651 Taylor 529 MILL 1036 PETERS 5100 6TH 4450 Tyler 3709 JACKSON 1005 50TH 4045 JEFFERSON 1000 50TH 4724 6TH 02/19/2008 16:28 49 Page 1 List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name Property Address 20105 Aren Dela 3807 PIERCE 02/20/2008 13:18 50 Page 1 C1 T Y C;OIJIV I:IL 'LETTER Pvleeting oI' Fe'ai`uary 25, 2v"08 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda NO: BY: Shelley Hanson DATE: February 21, 2008 DATE: / ~"_., /'~ BY: y- ~- 'm BACKGROUND/ANALYSIS Attached is the business license agenda for the February 25, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 25, 2008 as presented. COUNCIL ACTION: 51 TO CiT r COi3NCiL February 25, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG * Tim's Quality Plumb 523 Central Ave, Osseo $60.00 *Mid City Mechanica19103 Davenport St, Blaine $60.00 *Budget Plumbing 855 Hwy 169 N, Plymouth $60.00 Mark's Heating & AC 141 South St, Foreston, MN. $60.00 * 1" Call Plumb & Htg 134 34`" Ave No, St. Cloud $60.00 *Central MN Tree 480 Rice Creek Blvd, Fridley $60.00 52 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 25, 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 124774 through 124918 in the amount of $ 580 508.19 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 53 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/21/2008 11:19:32 Check History GL050S-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.......02/25/2008 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 124774 thru 124918 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 Y Y 54 ACS FINANCIAL SYSTEM 02/21/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 02/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ATLAS AUTO BODY, INC 124774 571.02 BAUER/MARK 124775 100.00 BRAY/LIZ 124776 26.78 CAPITOL BEVERAGE SALES L 124777 23,543.46 CAREERTRACK 124778 195.00 CENTER POINT ENERGY 124779 12,256.28 CHISAGO LAKES DISTRIBUTI 124780 5,475.07 CITY OF COLUMBIA HEIGHTS 124781 60,770.79 CSC CREDIT SERVICES INC 124782 25.11 DANIMAL DISTRIBUTING INC 124783 2,210.59 DEEP ROCK WATER COMPANY 124784 60.55 ELRITE/WILLIAM 124785 63.90 FSH COMMUNICATIONS, LLC 124786 60.00 G & K SERVICES INC 124787 166.92 GENUINE PARTS/NAPA AUTO 124788 275.62 GORDON/GAIL 124789 42.95 HOHENSTEINS INC 124790 2,707.60 JJ TAYLOR DIST OF MN 124791 37,335.64 KRUEGER/CORY 124792 76.29 LAW ENFORCEMENT OPPORTUN 124793 330.00 LUDWIG/BOB 124794 1.55 MARCO, INC 124795 46,769.00 MARK VII DIST. 124796 13,269.06 MEDICINE LAKE TOURS 124797 1,612.00 METRO CISM TEAM 124798 100.00 MINNEAPOLIS FINANCE DEPT 124799 71,123.66 MINNESOTA DARE OFFICERS 124800 555.00 MN EROSION CONTROL ASSOC 124801 550.00 MURZYN/JOHN 124802 150.00 NEXTEL COMMUNICATIONS 124803 377.89 OFFICE DEPOT 124804 26.82 PETTY CASH - KAREN MOELL 124805 62.07 PREMIUM WATERS INC 124806 52.50 RITE INC 124807 7,164.00 RJ MILLER HOME SERVICE C 124808 29.05 SAM'S CLUB 124809 182.51 SCOTT/LARRY 124810 31.18 SLUMBERLAND CLEARANCE CT 124811 1,064.29 STRETCHER'S GUN'S INC/DO 124812 66.00 USA MOBILITY WIRELESS IN 124813 32.24 VERIZON WIRELESS 124814 38.62 WINDSCHITL/KEITH 124815 21.97 WOLNEY/JOE 124816 50.00 CENTER POINT ENERGY 124817 227.43 EDWARDS/SHIRLEY 124818 10.00 FURLONG/GEORGE 124819 10.00 GRAND RIOS WATER PARK RE 124820 100.00 55 ACS FINANCIAL SYSTEM 02/21/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 02/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT KOPPIE/PAUL 124821 44.60 KROLL/PHYLLIS 124822 84.00 CARSON/DAVID 124823 17.95 MACIEJ/JEFF 124824 274.04 MARTIN-MCALLISTER INC 124825 350.00 MN DEPARTMENT OF PUBLIC 124826 190.00 NAWROCKI/BRUCE 124827 324.62 O'LEARY/TONY 124828 8.79 OERTEL ARCHITECTS INC 124829 5,193.26 OLSON/DAVID W 124830 145.75 OPSAHL/JOE 124831 250.00 PETTY CASH - KAREN OLSON 124832 152.73 QWEST BUSINESS SERVICES 124833 802.72 QWEST COMMUNICATIONS 124834 945.35 RUFFRIDGE-JOHNSON EQUIP. 124835 70.00 S & T OFFICE PRODUCTS IN 124836 191.06 SARGENT/JEFF 124837 16.67 SCOTT/LARRY 124838 66.68 XCEL ENERGY (N S P) 124839 4,854.93 ZELEKE/SAMSON 124840 250.00 10,000 LAKES CHAPTER 124841 175.00 ABC NEWSPAPERS 124842 38.00 ACCURINT 124843 133.00 ACE HARDWARE 124844 23.31 ACS INC 124845 145.00 ALLIED-BFI WASTE SYSTEMS 124846 89,530.41 AMERIPRIDE INC 124847 34.41 ANOKA COUNTY PROPERTY RE 124848 19,246.69 ANOKA CTY FIRE PROTECTIO 124849 210.00 ASSOC OF MN COUNTIES 124850 50.00 BARNA GUZY & STEFFEN LTD 124851 14,127.00 BONESTROO 124852 5,032.05 BRAUN INTERTEC CORP 124853 1,492.00 BROCK WHITE CO. 124854 1,005.80 BUILDING FASTENERS 124855 177.65 CARDINAL SERVICES 124856 197.50 CATCO PARTS SERVICE 124857 429.70 CITY WIDE LOCKSMITHING I 124858 1,556.25 COLUMBIA PARK MEDICAL GR 124859 243.00 DCI INDUSTRIES LTD 124860 262.48 DELEGARD TOOL CO. 124861 63.41 DRIVER'S LICENSE GUIDE C 124862 42.90 DU ALL SERVICE CONTRALTO 124863 1,850.52 FIRST STUDENT INC 124864 284.95 FLEX COMPENSATION, INC 124865 189.00 FRIDLEY YOUTH SPORTS ASS 124866 340.00 G & K SERVICES INC 124867 1,595.30 56 ACS FINANCIAL SYSTEM 02/21/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 02/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT GENERAL SAFETY EQUIPMENT 124868 16.20 GENUINE PARTS/NAPA AUTO 124869 199.72 HARBOR FREIGHT TOOLS 124870 46.08 HA55AN SAND & GRAVEL 124871 1,918.15 HOME DEPOT #2802 124872 48.91 HONEYWELL INC 124873 19,808.62 IDEAL ADVERTISING INC. 124874 225.00 INSTRUMENTAL RESEARCH IN 124875 168.00 KATH FUEL OIL SERVICE 124876 298.00 KENNEDY & GRAVEN 124877 390.00 KIWANIS COLUMBIA HTS-FRI 124878 165.30 KIWANIS GOLDEN K FRID-CO 124879 165.30 LADEN'S BUSINESS MACHINE 124880 175.00 LINDSTROM CLEAN &CONSTRU 124881 4,955.26 MARSHALL CONCRETE PRODUC 124882 1,063.60 MCCLELLAN SALES 124883 208.56 MEDTOX LABORATORIES, INC 124884 31.14 MENARDS CASHWAY LUMBER-F 124885 832.66 METRO FIRE, INC 124886 65.00 METROPOLITAN COUNCIL WAS 124887 70,075.34 MIDWAY FORD 124888 26.00 MIDWEST LOCK & SAFE INC 124889 36.21 MINNEAPOLIS OXYGEN CO. 124890 11.91 MINNESOTA PETROLEUM SERV 124891 910.58 MN EROSION CONTROL ASSOC 124892 75.00 NEXT DAY GOURMET 124893 30.62 NORTH AMERICAN SALT CO 124894 7,890.80 NORTHEASTER 124895 1,242.00 NORTHERN WATER WORKS SUP 124896 254.54 OFFICE DEPOT 124897 334.79 ONVOY INC 124898 59.99 ORIENTAL TRADING COMPANY 124899 34.75 PIONEER PRESS 124900 52.39 PLAYS MAGAZINE 124901 39.00 PREMIUM WATERS INC 124902 19.30 RICOH AMERICAS CORPORATI 124903 469.12 ROYAL TIRE 124904 1,268.21 S & S WORLDWIDE 124905 38.43 S & T OFFICE PRODUCTS IN 124906 433.72 SCHELEN GRAY ELECTRIC 124907 492.04 SHERWIN WILLIAMS 124908 97.23 ST JOSEPH'S EQUIPMENT 124909 1,058.60 STAPLES BUSINESS ADVANTA 124910 218.32 SUN PUBLICATION INC 124911 49.50 TAUTGES, REDPATH, & CO., 124912 7,992.00 TENNANT COMPANY 124913 112.47 TERMINAL SUPPLY CO, INC 124914 59.52 57 ACS FINANCIAL SYSTEM 02/21/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 02/25/2008 COUNCIL LISTING TKDA, INC TWIN CITIES TRANSPORT & UNIFORMS UNLIMITED INC UNPLUGGED CITIES LLC CHECK NUMBER AMOUNT 124915 1,588.67 124916 83.07 124917 1,444.68 124918 10,550.00 580,608.19 *** 58 ACS FINANCIAL SYSTEM 02/21/2008 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 02/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 580,608.19 RECORDS PRINTED - 000466 59 ACS FINANCIAL SYSTEM 02/2 1/2008 11:19:33 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 65,234.65 201 COMMUNITY DEVELOPMENT FUND 982.96 203 PARKVIEW VILLA NORTH 319.68 213 PARKVIEW VILLA SOUTH 159.84 225 CABLE TELEVISION 369.18 240 LIBRARY 5,021.95 261 TWENTY-FIRST CENTURY PROGRAM 469.38 270 DARE PROJECT 555.00 376 TAX INCREMENT BONDS 14,130.62 401 CAPITAL IMPROVEMENTS 3,668.30 412 CAPITAL IMPROVEMENT PARKS 1,363.75 415 CAPITAL IMPRVMT - PIR PROD 11,028.34 436 CAPITAL EQUIP REPLACE-LIQUOR 54,807.20 601 WATER UTILITY 76,573.92 602 SEWER UTILITY 71,463.92 603 REFUSE FUND 90,510.33 604 STORM SEWER UTILITY 988.90 609 LIQUOR 97,291.64 652 SEWER CONSTRUCTION FUND 126.29 701 CENTRAL GARAGE 12,038.47 720 DATA PROCESSING 11,690.55 881 CONTRIBUTED PROJECTS-REC 182.51 884 INSURANCE 671.02 885 PAYROLL FUND 60,770.79 887 FLEX BENEFIT FUND 189.00 TOTAL ALL FUNDS 580,608.19 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 580,608.19 TOTAL ALL BANKS 580,608.19 CITY OF COLtTMBIA HEIGHTS GL060S-V06..74 RECAPPAGE GL540R 60 CITY COUNCIL LETTER Meeting of 2/25/08 Ar'ENDASECT!ON•RIDCONSIDERATION 1 ^vRI^vINATiNC.DEPARTiV",ENT' ~ CITYMANAC'ER NO: PUBLIC WORKS . ITEM: CAPITAL EQUIPMENT REPLACEMENT OF THE BY: K. Hansen & L. McClanahan BY: y~'f r- ELGIN EAGLE STREET SWEEPER FROM THE STATE OF DATE: 2/20/08 DATE: MINNESOTA PURCHASING CONTRACT , Background: Unit #44 is an F,lgin Eagle Street Sweeper that was purchased in 1993 for $105,000. It is Elgin Eagle Street Sweeper truck chassis high dump sweeper with a 4.5 cubic yard. hopper that can off load into a dump truck. The unit is 15 years old and has 8,137 hours of recorded operation with an odometer reading of 54,864. Since 2000, which is as far as the electronic maintenance records go back, $86,142 has been spent on repairs. This unit was scheduled for replacement in 2005, but was delayed for budgetary and other reasons. The shop supervisor has rated the mechanical condition as poor and the appearance as poor. The 2008 Capital Equipment Replacement budget allocated $200,000 split evenly between the Street Department and the Storm Water Department for the replacement of the Elgin Eagle Street Sweeper. Analysis/Conclusions: Public Works has historically performed street sweeping operations using two mechanical sweepers. The goal has been to sweep all of the streets at least four times, and alleys and parking lots one time during the year. Additional sweeping is done after store events and to prepare areas for street patching. In accordance with NPDES best management practices, streets that have low areas and areas that drain directly into lakes and ponds are swept first. Street cleaning has the greatest potential for reducing store water pollution in the urban environment and it can do so at a relatively affordable cost. That's because most of all of the rain that falls on impervious surfaces goes onto pavement that is directly connected to an urban storm water collection system. Sweeping also prolongs the operational efficiency of structural based devices, such as store water retention ponds, and reduces the ongoing maintenance they require. Staff had previously discussed downsizing from two sweepers to one sweeper, but has reevaluated our practice. Recent publicized studies on the effectiveness of various types of street sweepers and the recent mandates of National Pollutant Discharge Elimination System (NPDES) Phase I and II store water permits and the increasing need for practical total maximum daily load (TMDL) implementation plans make it clear that sweeping deserves a more central role. In fact, street sweeping should be an important part of the management strategies for any urban storm water NPDES driven runoffprogram or TMDL implementation plan. To meet the requirements of the change in storm water rules, sweepers that pick up even the finest particulate fractions have entered the market. Studies have shown that mechanical broom sweepers like the two that the city cw-rently owns have a pickup efficiency of approximately 20% to 30%. Regenerative air and vacuum sweepers have pickup efficiencies that range from 60% to 90% of fine particulates, increasing pollutant removals. National and local studies have shown the least cost per pound ofpollutant removed during some seasonal conditions are actually achieved via tandem sweeping -which combines a mechanical broom sweeper followed by a regenerative air or vacuum sweeper. The mechanical. sweeper is very good at picking up heavy debris and the regenerative air sweeper excels at picking up medium to light debris and particulates. A mechanical sweeper is also much more effective at picking up larger street surface material from construction sites, such as millings or tracking resulting from vehicles or equipment passing through or leaving active construction projects. A regenerative air is more effective during fall leafpickup operations. COUNCIL ACTION: 61 CITY COUNCIL LETTER Meeting of: 2/25/08 Al:El~ilA CEfTi(1N• RILIf'(l~1Ci-lFRl~,Ti(1N 1 ^n^r^wrA r rrn n•mm~,/r,nTm. V lII VII\HTIi\V UErHR11V, G1\ I NO: (PUBLIC WORKS ITEM: CAPITAL EQUIPMENT REPLACEMENT OF THE BY: K. Hansen & L. McClanahan ELGIN EAGLE STREET SWEEPER FROM THE STATE OF DATE: 2/20/08 MINNESOTA PURCHASING CONTRACT f'ITV lyiANA(„'F'R BY: DATE: Continued -Elgin Eagle Street Sweeper Replacement Page 2 Staff also recommends repair and retention of Unit #04 Elgin Pelican sweeper purchased in 1999 to extend the life of this unit. A complete inspection of the Pelican was completed by the Shop Supervisor and the local factory authorized repair service, MacQueen Equipment. The inspection concluded that the following major items need rebuilding or replacement: conveyor system; all broom gear boxes; all associated chains, drives, bushings & adjusters. The items listed are considered normal wear & tear on approximately 5-year cycles. Public Works has operated this machine for 8 years, and the work should provide another 5 years of operating life. Staffrecommends, after evaluating our own practices and reviewing national and local studies of sweeping practice and effectiveness, to replacement Unit #44 Elgin Eagle street sweeper with the purchase of one new regenerative air street sweeper, and further recommends disposal ofUnit #44 Elgin Eagle street sweeper viatrade-in. The following questions were presented at the February 4`h work session, with staff's responses following: What is the cost difference between a mechanical sweeper to a regenerative air sweeper? Fronz the MN State Pzrrchasirzg Contract, a regenerative air nzachirze Jzas a $7,0?2 higher base price than the mechanical sweeper. It should also be recognised that the regenerative air machine has a longer zrseful life and approximately 50% lower average arzrzual nzaintenarzce costs 11amz the mechanical sweeper. The regenerative air sweeper has arz 8 yd3 box vs. 3-1/2 yd'for the mechanical .rweeper•. What is the warranty? The warranty is 1 years bzrnzper to bumper. The chassis carries a 3 year/36,000 rzzile warranty and the engine arzd transmission carries a Syear/100,000 mile warrmz>);. What is the trade-in value versus an equipment auction range? The trade-irz price.for the 1993 Elgin Eagle is $13,500. Staff estimates the auction range at $10,000 - $/5,000. Our Shop Supervisor rated the trade-irr valise as a fair price. It is always a gamble to take apiece of equipment to auction as there is no guarantee what price it willsell.for, especially a 15-near sweeper. Recommended Motion: Move to purchase off the State of Minnesota Purchasing Contract the capital equipment replacement of the Elgin Eagle Street Sweeper from MacQueen Equipment, Inc. of St. Paul, Minnesota, in the amount of $ l 74,359.671ess a trade in allowance of $ ] 3,500 for a total contract price of $160,859.67, with equal funding provided by the Street and Storm Sewer Capital Equipment Replacement Funds. Recommended Motion: Move to authorize the equipment repair to Unit #44, an Elgin Pelican mechanical street sweeper in the amount of $16,880 by MacQueen equipment of St. Paul, Minnesota. KH jb COUNCIL ACTION: 62 CITY COUNCIL LETTER Meeting of 2/25/08 ACE NDA SECTION: uiD CONSIDERATIv v T ~'-'-" --- Ci T i' rviANAt^,ER ORIGINA I tiVCG U1/Y.AtZ'I MEN 1 NO: PUBLIC WORKS ITEM: CAPITAL EQUIPMENT REPLACEMENT OF BY: K. Hansen & L. McClanahan BY: UNIT #70 FORD LT9000 TANDEM AXLE DUMP TRUCK DATE: 2/20!08 DATE: AND ATTACHMENTS FROM THE STATE OF MINNESOTA PURCHASING CONTRACT Background: Unit #70 Ford LT900 tandem axle dwnp truck was purchased in l 995 for $109,476. It is equipped with a belly plow, wing plow, reversible front plow and spinner type sander. Unit #70 is a primary truck used for street maintenance operations. It is 13 years old with 54,000 miles recorded and has chronic mechanical problems. The transmission overheats, the engine is leaking coolant, the steering is loose, and the suspension is weak. The shop supervisor has rated the mechanical condition as fair and the appearance as fair. Since 2000, which is as far as the maintenance records go back, $ 67,922 has been spent on repairs. The 2008, Capital Equipment Replacement budget allocated $145,000 for the replacement of Unit #70 and attachments. Analysis/Conclusions: When Unit #70 was purchased in l 995, it was with the thought that the City would be able to continue hauling leaves to the Anoka County compost site in Ramsey and road salt from Northeast Minneapolis to Columbia Heights, and be able to get more bang for the buck by hauling ]arger loads. Unit #70 could haul 10 ton compared to 7 ton that could be hauled by a single axle dump truck. This worked well until the product picked up and delivery points moved to remote locations. It is currently more cost effective to have the material hauled by contractors. Staffrecommends replacement of Unit #70 tandem axle 54,000 GV W dwnp truck and attachments with a single axle 35,000 GV W dwnp truck and replacing the attachments as identified above. Staff recommends disposal of Unit #70, Ford LT9000 tandem axle dump truck via trade-in. The following questions were presented at the February 4`h work session, with staffs responses following: What is the cost savings downsizing to a single axle from a tandem axle vehicle? Frarrr the M1V State Purchasing Contract the difference is $8,100, for the chassis only, a- approximately 10%. There wozdd be arz additional savings for a smaller dump tr-trck box also. What is the warranty? The warrmvty %r 3 years/36,000 miles standard. What is the $67,922 in shop repairs dating back to the year 2000? The amoznzt represents $34, 708 in parts artd $33,214 in labor costs. Repair items include the erzgiue, chassis, box and attachrrzents such as the plow. Recommended Motion: Move to purchase from. the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck chassis to Astleford International of Minneapolis in the amount of $65,722.00, less a trade-in of $20,500 and purchase the dump box, front plow, belly plow and wing to J-Craft of Lake Crystal, Minnesota, in the amount of $83,505.59 for a total price of $127,727.59. COUNCIL ACTION: 63 CITY COUNCIL LETTER Meeting of: February 25, 2008 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING CABLE RATES BY: LINDA L. MAGEE BY: N0: BATE: February 4, 2008 DATE: 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 progran-~ming service, and FCC Forr-n 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 over-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 arate $19.99 $27.10 Other Install Relocate Outlet $18.99 $21.36 U rade- 0 tional Services $15.49 $17.97 Down rade- 0 tional Services $9.99 $14.74 COUNCIL ACTION: 64 CITY COUNCIL LETTER Meeting of: February 25; 2008 AC~RNT~A SF.('TT(~N c C"'C1NSF.NT l1RT(:TNATTNr 1lF PARTMF.NT • ('TTY MAT1A(7F.R ~ .S N0: CITY MANAGER S APPROVA , ITEM: PUBLIC HEARING CABLE RATES BY: LINDA L. MAGEE BY: ~''~ N0: DATE: February 4, 2008 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of January 28, 2008, the City Council established a public hearing date of Monday, February 25, 2008, at 7:00 p.m, or as soon thereafter as possible. 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 Comcast calculated in its March 2007 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper. At the Telecommunications Commission meeting of January 17, 2008, Steve Guzzetta, the City's telecommunications attorney, presented options from which the City may at this point in time select in addressing Comcast's rate filing: (A) do nothing (the city would remain certified to regulate rates and could review and act on future rate filings from Comcast); (B) issue rate orders preserving the City's rights to the extent possible (the City would retain the right to look at underlying data, calculations and assumptions in the context of a future rate filing). The Telecommunication Commission recommended that the City Council pursue Option B issue rate orders preserving the City's rights to the extent possible. The benefit of Option B is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The drawback of this approach is that Comcast may appeal any rate orders issues by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2008-O1 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2007. Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic cable service, as calculated in the 2007 FCC Form 1240, but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2008-02 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2007. Adoption of the resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation as calculated in the 2007 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. COUNCIL ACTION: 65 CITY COUNCIL LETTER Meeting of: February 25, 2008 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 4, 2008 DATE: RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-O1, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-O1, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2007. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-02, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2007. COUNCIL ACTION: 66 RESOLUTION NO. 2008-01 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING QE12Vif'P R Q'i'E CET' F(1R'i'A IN 'i'TIE FETIE~? A L (`f11~1Vi~,TNIf A'TilINC COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1 2007 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Conunission (hereinafter "FCC"); and WHEREAS, Comcast of Mumesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2007, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2007 FCC Forin 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2007 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2007 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniforn and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order 67 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation; calculation or rate i» the 2007 FC'C' Form 124.0_ 5. The City reserves all of its rights with rest~ect to rate reaulation. including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed iii future basic service rate filings; (ii) the right to address issues raised in the 2007 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2007 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this day of February, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 2 68 RESOLUTION NO. 2008-02 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTAI,i,ATiON RATF_.S SET FQR'I'A IN THF. FF.DERAi, COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2007 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Comnussion (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Fornl 1205 "Deterniining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2007 FCC Form 1205"), on or about March 1, 2007, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Corncast's maximum permitted rates and charges for equipment and installation, as calculated in the 2007 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2007 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form. 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order 69 is not to be construed as a fording that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2007 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, illcludiil~ (but not limited to): (i) the right to request and review data, and documents concealing the 2007 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2007 FCC Foan 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2007 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this day of February, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 2 ~o COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetui~ of: February 25, 2008 AGENDA SECTION: Public Hearing ORICINATINr,- DEPAIZTI`~IENT: CITY MAl`dAC,-ER'S NO: Conununity Development APPROVAL ITEM: 1st Reading: Ordinance 153 7, Zoning BY: Jeff Sargent, City Plaimer BY: ~; ~~ ~~. Amendment to create the Public and Open Space DATE: February 18, 2008 ,,~'` District BACKGROUND: City staff recommends a zoning amendment to create a new zoning district. The new zoning district would be titled "Public and Open Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Hart Lake land, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, conunercial or industrial There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards . The total amount of land to be rezoned is approximately 168 acres. At the February 1 1, 2008 City Council meeting, staff presented the Council with a recommendation to create a new zoning district for park and open space use. The proposed Ordinance would. have allowed single-family uses in the new zoning district. Upon direction from the City Council, the ordinance was tabled in order to omit the allowance of any type of residential use in the proposed "Public and Open Space District". Changes to the proposed zoning map include the removal of the two single-family houses from the Edgemoor Park area and the inclusion of the land around Hart Lake. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maultau~ reasonable economy in public expenditures for public utilities and services. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1537, being ample copies available to the public. Move to set the second reading of Ordnance No. 1537, for Monday, March 10, 2008, at approximately 7:00 p.m. ui the City Council Chambers. Attaclunents: Dra t Ordinance 1537 (1'" Readi7 Format), P+Z Report, Zo»in Maps COUNCIL ACTION 71 (1RiliNAjVfF. N(l, 15't7 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE CONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliance with specifrc develop~rzent standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the 72 Zoning Administrator to be substantially similar to a use listed as permitted, conditional nr accessory Shall be prr~hi~iited in that dictrirt, (C) Lot dimension, hei~h~t, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: All Uses None Buildin Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard 20% of lot depth Parking Setbacks Front Yard 5 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet Maximum Height All structures None Floor Area Ratio 1.0 (D) Pubic and Open Space District. (1) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, Regional and City parks. parking areas. (b) Playgrounds, athletic fields, recreational areas, and (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (Z} Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in §9.104, Administration and 73 Minimum Lot Width Enforcement, and the regulations for specific uses set forth in §9.107, Specific DeyelnpmPnt Ctanr~lar4lc: (al Public or semi-uublic recreational buildings and neighborhoods or community centers. 1 v (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) Living quarters for persons employed on the premises. (c) Recreational vehicles and equipment. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Minos subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the ~4 §9.115. Chapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (K) Prelinzinai~y plats. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: 74 (al Tlie nrnnncerl nrPlirniZ~arv plat rnnfni-rng tQ tl~e ~--i r r~~ r~-- --- > r-~- requirements of X1.4 §9.115. Chapter 9, Article I, Section 9.104 (L}(6)(b} of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Requir°ed firtdzngs. The City Council shall make each of the following findings before approving a fmal plat: §9.115. (b} The final plat conforms to the requirements of ~4 Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is proposed to include the following additions and deletions: X1.4 §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. the following: §9.115 (D). (b) Additional plans to be submitted with the final plat include 4. Final Street plans for requirements established iiz ~9-:-1-1-4 75 CPrtin~ 2: This ordinance shall be in full force and effect fron7 and after 30 days after its passage. First Reading: February 25`", 2008 Second Reading: March 10`", 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 76 CITY OF COLUMBIA HEIGHTS PLANNING REPORT r+nc+r nn inenrn. nnnn none I~HJC IVVIVIDCrC. GVVO-VGV°F DATE: February 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Rezoning of Parcels PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public and Open Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards. COMPREHENSIVE PLAN The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, Murzyn Hall, the public works building, Jackson Pond, and the City of Columbia Heights Planning Commission February 6, 2008 City of Columbia Heights Case # 2008-0204 library: 1. Albert A. Kordiak Park R-1, Single Family Residential District G. Cult Ral I IJdell Palk R- 1 , SII Igle FaI l Illy Resldel It1aI Dlstrl h+t 3. Edgemoor Park R-2A, One and Two Family Residential District 4. Gateway Park R-2A, One and Two Family Residential District 5. Gauvitte Park R-2A, One and Two Family Residential District 6. Hilltop Park R-2A, One and Two Family Residential District 7. Huset Park I-1, Industrial District 8. Keyes Park R-1, Single Family Residential District 9. Labelle Park R-4, Multiple Family Residential District 10. Lomianki Park I-1, Industrial District 11. McKenna Park R-1, Single Family Residential District 12. Ostrander Park R-2A, One and Two Family Residential District 13. Prestemon Park R-1, Single Family Residential District 14. Silver Lake Beach R-1, Single Family Residential District 15. Silver Lake Park R-1, Single Family Residential District 16. Sullivan Lake Park R-3, Multiple Family Residential District 17. Wargo Court CBD, Central Business District 18. City Hall R-3, Multiple Family Residential District 19. Jackson Pond R-2A, One and Two Family Residential District 20. Library LB, Limited Business District 21. Murzyn Hall I-1, Industrial District 22. Public Works I-1, Industrial District As stated previously, the creation of the Public District would place all of the above-fisted into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount of land to be rezoned is approximately 164 acres. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District'; the public works building is guided for "Industrial" and the library is guided for "Commercial': The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Page 2 78 City of Columbia Heights Planning Commission February 6, 2008 City of Columbia Heights Case # 2008-0204 Tile i/lty of CviulTlbia /~eightS vvvnS a^ii the par~eis that wciuid be al ected by t;,is proposed zoning amendment. The creation of a new zoning district would make the //n n of f/'14 nn nrn nnr-/i n mr,rn nn r~ninfn v~F ~.i:fH ., .~., L~ .~...,f4. i.r :.~. f.. r.vr ~+ r.F .+.+Fh.-, .. 1... u.~e.~ V/ uIGJC-i ~./IV~.IGILIeJ 1/IV/G 1~V1/JIJLC'sl([ VVI[I/r.Qll// QIIVLIIGI 111 Lril111J Vl Jt'iLAIQI..PIJ, parking requirements and performance standards. 3. Where the amendment is to change the zoning classification of a particular property; the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment will create a new zoning district in which all the existing uses of the property to be rezoned will be compatible. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The purpose of the zoning amendment is to create a zoning district for all the public uses throughout the City. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the creation of the "Public District", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works, and the library, as depicted on the attached zoning map. Attachments • Draft Rezoning Ordinance • Current Zoning Map • Proposed Zoning Map Page 3 79 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: February 25, 2008 AGENDA SECTION: Public t ORIGINATING DEPARTMENT: CITY MANAGER'S Hearn.gs Adn,.i:::strat.o~: e ppRO~r e r NO: ITEM: Surface Drainage BY: BY: - Connection and DATE: February 21, 2008 DATE: Discharge Inspection Incentive Background: On July 12, 2004, Ordinance No. 1472 prohibiting surface drainage corniections and discharges uito the City of Columbia Heights sanitary sewer system was passed. This addressed an incentive program to dispose of sump pump effluent and indicated a $500 maximum rebate from the city, with an effective date to December 31, 2006. On November 27, 2006, Resolution No. 2006-245 was passed extending the incentive program through December 31, 2008. Proposed Ordinance 1538 is a corrective action to remove the fee and program expiration date and allows reimbursements to be established by resolution. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1538, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1538, for Monday, March 10, 2008 at approximately 7:00 p.m. iii the City Council Chambers regarding Surface Drainage connection and discharge inspection incentive. COUNCIL ACTION: 82 ORDINANCE NO. 1538 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING 'I'!~l Ci1aDFAf`L' TyIRAiI~T A !`E !''l~r~rTL'!''T7111~T A rliyl i~lilC!''Lf A ~rE I1~TCUPEl~Til~lhl IAT!'`L'rTTiTTG U \ \.li 11\hV t, \1:J ~,. 11V1~ h \ V\.11l11 \7 1~ \. 11 1\ 1\1.. 1'L \ 11 ~ 1J The City of Columbia Heights does ordain: Chapter 8, Article I, Section 8.705 (C) of the Columbia Heights City Code, which currently reads to wit: 8.705 Inspections: (C) Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1-year period. This incentive program is iii effect until December 31, 2006. Is hereby amended to read as follows: 8.705 Inspections: (C) Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner an amount established by resolution to correct the illegal connection. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1-year period. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 83 CITY COUNCIL LETTER Meeting of February 25, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: Februay 19, 2008 DATE: NO: 08-35 to 08-36 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-35 - 4154-4156 2°`' Street N.E. 2008-36 - 5056 Washington Street N.E. 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 2008-35, 2008-36 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-35, 2008-36 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. COUNCIL ACTION: 84 RESOLUTION 2008-35 Resolution of the City Council for the City of Columbia Heights approving revocation rtl lrcllo»4 4n f ltll ("'"rlv (`1,n1~4nY G A At-ttnlo Tel Con4t.,t, G A A/14I A 1 ..Ftl,n~ ..ortnt» r~nt.7o»~tnl tlulJUU11t LV \: lt~' ~~VUV, t.. 1lClfl tl.+l //"1, 111 tltrll+ 1 Y , Jt.~t.t1V 11 /L-1.TV V`AJ V1 t11U1 tJt.l tUll114J1Ut.11t1U1 rental license held by Terry Buchanan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4154-4156 2°`' 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 herenl was given to the License Holder on January 31, 2008 of an public hearing to be held on February 25, 2008. Now, therefore, iii accordance with the foregoing, and all ordunances 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 15, 2008 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 ill the property records. 2. That on January 31, 2008 innspection 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 follownng 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, 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 U4154 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 fu st day of posting of this Order revoking the license as held by License Holder. 85 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ss RESOLUTION 2008-36 Resolution of the City Council for the City of Columbia Heights approving revocation rnirenant to (`'itv (`nrln ('hantar SA Artirla TV Cartinn SA d(1R(A1 nfthat rartain raciriantial t.....,..w........, ...,..) ....,...., ..,.....1......~ .~. ~, .........,..... , ................J. ~. ...~,~..~ ... ~..........................,....». rental license held by Nichole Theis (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5056 Washington Street N.E., Columbia Heights, Mimlesota, 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 Januaary 3 1, 2008 of an public hearing to be held on February 25, 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 January 15, 2008 inspection office staff sent a letter requesting tlae 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 31, 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, 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 license number U5056 is hereby revoked; 2. The City will post for the purpose of preventuig 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. s~ Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk as CITY COUNCIL LETTER Meeting of February 25, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: -° Abatement DATE: February 19, 2008 DATE: NO: 2008-37 to 2008-39 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2008-37 - 1635 49`" Avenue Blvd. N.E. 2008-38 - 3938 2°d Street N.E. 2008-39 - 4707 Central Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-37, 2008-38, 2008-39 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-37, 2008- 38, 2008-39 being resolutions 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. COUNCIL ACTION: r 89 RESOLUTION 2008-37 Resohrtion of the City Council for the City of Columbia Heights declaring the property a nuisance and approv'.:.g abatement of ord'.:.ance v.olat~ors purs'~ant to Chapter 8 ~u-t.cle II of City Code n fthe ~ ~ > property owned by Abdi O. Erbob (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1635 49"' 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 January 30, 2008 Now, therefore, in accordance with the foregoing, and all ordiiances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the followiig: FINDINGS OF FACT 1. That on January 15, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 30, 2008 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 it the property records. 3. That on February 14, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove alUany outside storage from the property 5. That all parties, iicluding 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 1635 49`h 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 relatilg to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. 90 ORDER OF COUNCIL The property located at 1635 49``' 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 ill interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson. Attest: Patricia Muscovitz, CMC City Clerk 91 RESOLUTION 2008-38 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance aiid anrn-niri_na abater-nent of nrrlir~ati~P yinlatintic r~nrcnant to C'hantPr R Article II nff t~~ ('nria nfthP rr... ~ .. r....,»..... r.... , . , ., ~ , ., property owned by Mark G. Jonas (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3938 2"~ Street N.E. Columbia Heights, Miulesota. 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 31, 2008 Now, therefore, in accordance with the foregoing, and all ordilances 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 14, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the ov~mer at the address. 2. That on January 31, 2008 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 ovv~ner listed in the property records. 3. That on February 15, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fue Department, the followiig conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove alUany outside storage from the property 5. That all parties, iicludiig 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 3938 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 maybe, have expired, or such rights have been exercised and completed. 92 ORDER OF COUNCIL 1. The property located at 3938 2°`' 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 93 RESOLUTION 2008-39 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 Grand Central Conntnons (Hereinafter "Owner of Record"). Whereas, the owner of record. is the legal owner of the real property located at 4707 Central Avenue N.E., Columbia Heights, Mimiesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice settilg forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 6, 2008. Now, therefore, in accordance with the foregoiig, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on January 17, 2008 the Police Department received a complaint about the public sidewalks surrounding the vacant lot located at 4707 Central Avenue N.E. Conununity Service Officer Pikala responded and found that the sidewalks were not cleared of snow and ice. The property owner, Khoyratty Ehteshannul was notified that he had twenty-four hours to clear all snow and ice from the sidewalks. 2. That on January 22, 2008 the Police Department CSO reiispected and found that the snow and ice remained. Abatement was scheduled with the Public Works Department for January 23, 2008. 3. That on January 23, 2008 the Public Works Department performed the innmediate abatement of snow and ice on the sidewalks surrounding the property located at 4707 Central Avenue N.E. All sidewalks were cleared and costs for abatement were forwarded to the Fire Department for billing the owner. 4. That on February 6, 2008 the Fire Department sent statemen of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the innmediate abatement ofthe hazardous situation located at 4707 Central Avenue N.E. 6. That all parties, including the owner ofrecord 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 4707 Central Avenue N.E.is in violation ofthe provisions ofthe 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. 94 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed, ORDER OF COUNCIL 1. The property located at 4707 Central Avenue N.E.constitutes anuisance 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: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 95 CITY COUNCIL LETTER Meeting of February 25, 2008 AGENDA SEC 11ON : Resolutions ORIGiNA T 1N G DEPAi{ l MEN 1: Ll l Y Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: February 25, 2008 DATE: NO: 08-42 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental property at 2008-42 - 4201 Quincy Street N.E. for failure to meet the requirements of the Residential Property Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-42 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-42 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license of Tomas Robles located at 4201 Quincy Street N.E. COUNCIL ACTION: RESOLUTION 2008-42 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 Tomas Robles (Hereinafter "L,icense Holder"l. Whereas, License holder is the Legal owner of the real property located at 4201 Quincy 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 31, 2008 of an public hearing to be held on February 25, 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 January 16, 2008 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 31, 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 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, 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 U4201 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk JOINT POWERS AGREEMENT between the CITX OF COLUMBIA HEIGHTS and INDEPENDENT SCHOOL DISTRICT NO. 13 THIS AGREEMENT is made by and between the City of Columbia Heights, a Minnesota municipal corporation ("the City"), and Independent School District No. 13, a Minnesota municipal corporation ("the District"), collective referred to herein as "the Parties" and individually as a "Party." Article I Enabling Authority Minnesota Statutes section 471.59 provides that two or more governmental units may by agreement jointly exercise any power common to the contracting parties. Minnesota Statute sections 123B.OZ and 123B.51 provide school districts with authority to construct school buildings and utilize them for community recreational purposes. Minnesota Statutes sections 471.15-.191 provide school districts and cities with authority to acquire and operate facilities for community recreational programs. Article 2 Purpose The Parties desire to establish a mechanism whereby they may jointly exercise powers common to each participating Party concerning the following: A. The construction, maintenance and operation of recreational facilities on the current District campus at 1400 49th Avenue, N.E. in Columbia Heights. The location and extent of the recreational facilities is indicated on the attached Exhibit A ("Facilities"). Said Facilities include two new gymnasiums, two exercise rooms and related areas. B. Provide other similar or related services and programs as determined by the Parties. Nothing in this Agreement shall act as a waiver by a participating Party of.its individual power and legal authority to provide recreational facilities. Article 3 Narr-e The name of this joint powers entity shall be the Columbia Heights Recreational Cooperative. ("CHRC"). Article 4 Governance 4.1 The Parties shall govern and control the Facilities as provided within this Agreement. There shall be no joint powers board. 4:2 The City acknowledges that the Facilities are situated entirely upon the District's land and adjoin the Senior High School, and that a large portion of the Facilities, including one gymnasium, an exercise roam and associated facilities will be primarily, but not exclusively, utilized for educational purposes, including related extracurricular and co-curricular activities. Consequently, the District shall have physical control of the Facilities except as provided herein. 4.3 The District acknowledges that a portion of the Facilities, including one gymnasium, is financed.by the City and intended to be utilized primarily by the community at large. Subject to the District's need to maintain safety and security for its students, staff and property, access to and use of said portion of the Facilities is to be determined by the City as further set forth in this Agreement. 4.4 There shall be a Facilities Committee composed of six members, three from each Party. The Facilities Committee is not a joint powers board and serves in an advisory capacity only. The members shall serve at the discretion of the Party appointing them to the Committee. The Committee shall meet at _ least quarterly, with additional meetings held at the discretion of the Committee. The purpose of the Facilities Committee is to: 4.4.1 Receive input from each Party and their respective agents and employees on issues relating to the operation of the Facilities. 4.4.2 Draft policies, guidelines or rules for the operation of the Facilities and convey said draft policies, guidelines or rules to the City Council and School Board for review and approval. 4.4.3 Report to the Superintendent and City Manager on the status and usage of the Facilities so as to keep the Parties properly informed. 2 4.4.4 Mediate any disputes arising between the Parties concerning the operation of the Facilities. -The Committee shall report to the City Manager and the Superintendent the existence and status of any dispute as well as any proposed resolution. 4.5 In the event that the Parties can not or do not resolve disputes informally as provided in this Agreement, the matter shall be referred to 'a third party mediator jointly chosen by the Parties. The cost of mediation shall be shared equally by the Parties. If mediation is unsuccessful, either party may, within 30 days following mediation, serve upon the other party a written demand for arbitration. Said service shall be in the same manner as prescribed by the Minnesota Rules of Civil Procedure and shall set forth the issue(s) to be arbitrated. The Parties shall agree upon the arbitrator within 30 days of service. of the demand. The arbitration process (conducting discovery, motions, etc.) shall be stipulated by the Parties, or if no agreement may be reached, shall be determined by the arbitrator(s). The cost of the arbitrator(s) shall be shared equally by the Parties. The decision rendered by the arbitrator(s) shall be binding and not appealable. Except as otherwise provided herein, any arbitration shall be subject to the Minnesota Uniform Arbitration Act. Afl•ticle 5 Ndanagement of Facilities 5.1 Control and Access. 5.1.1 Access to the entire Facilities shall be controlled via the District's electronic card key system or other District security system as determined by the District. No independent security or access system, including manual door locks, shall. be utilized without permission from the District. The District shall have whatever master keys or cards are necessary to allow District personnel full access to the entire Facilities as needed for the purposes of inspection, maintenance and security. This paragraph is not intended to expand or alter the District's actual use of the Facilities by students and/or District staff as otherwise set forth in this -- Agreement. 5.1.2 The City shall have full, independent access to the City Gym and related areas, as indicated in Exhibit A. Except as otherwise provided in this Article, the City shall have the exclusive right to control the usage of the City Gym and related areas, subject to 3 k District policies and state law insofar as they regulate the.use of public school property; including but not limited to, restrictions on smoking, alcohol and weapons. 5.1.3 The District shall have full, independent access and control of the District Gym, Exercise Room and related areas, as indicated on Exhibit A: 5.2 Maintenance. 5.2.1 Following final completion and acceptance of the Facilities, including all commissioning and startup work, the District shall maintain the District gym and related areas. The City shall maintain the City gym and related areas unless the Parties agree otherwise. In the event there are any concerns or issues with the maintenance of the Facilities, the party with concerns shall contact the representative for the other party and seek resolution. The representative for the District is the District Director of Business Services, The representative for the. City is the City Manager. If a concern or issue remains unresolved, it shall be referred to the Facilities Committee. 5.2.2 In the event that the Parties agree to have the District maintain the City gym and related areas, the City shall pay the District $ for the period beginning at final completion of the Facilities through December 31, 2009. In December 2009, and every December thereafter, the Parties shall review the actual cleaning and maintenance costs and set the compensation for the following calendar year. 5.2.3 In the event that non-routine repairs or maintenance of the City Gym and related areas is necessary, and said work is estimated to cost less than $500, the District shall provide written notice of said work to the City Manager at least three days before undertaking the work. The District shall invoice the City for the actual cost of the work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days of the date of.the invoice. 5.2.4 In the event repair or maintenance ofthe City Gym and/or related areas will result in an estimated expenditure of $500 or more, such - repair or maintenance shall not proceed until written notice. is given to the City Manager and the proposed work is approved by the City Council. 4 5.2,5 Notwithstanding Paragraphs .5.2.3 and 5.2.4, in case of emergency, where damage to person ar property is imminent or is of such likelihood acid urgency that approval by the City is not practicable, notice- shall be given to the City 1Vlanager as soon as reasonably possible and the District shall take such steps as are reasonably necessary to eliminate the threat of damage to person or property. The District shall invoice the City for the actual cost of the. work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days from the date of the invoice. 5.3 Scheduling. 5.3.1 The City shall schedule the use of the City Gym and related facilities. The City shall provide the District with the City's schedule semi-annually, on January 15t" and July 1St, for review by the District for compliance with District policies. The District's approval of the schedule shall not be unreasonably withheld. The City's schedule shall be deemed approved by the District unless the District provides the City Manager with written objections within two weeks after receipt of the schedule: 5.3.2 If the City desires to have community access to the District's exercise room within the Facilities, the City shall consult with the District's Director of Business Services and then propose a schedule pursuant to the timelines set forth in Paragraph 5.3.1. 5.3.3 Except as otherwise provided herein, the District shall schedule the use of the District Gym, Exercise Room and related facilities. 5.3.4 The City may request access to the District's Gym, Exercise Rooin and related facilities, and the District may request access to the City's Gym and related. facilities, for special events,. tournaments, etc. Such requests shall be made pursuant. to the timelines set forth in Paragraph 5.3.1 or by special request at least 60 days in advance of the event. Neither Party guarantees availability of their respective facilities for such events, but shall endeavor to make their facilities available to the extent practicable and appropriate. 5.3.4.1 In the event that one Party is utilizing the other Party's Gym and/or related areas, the Party utilizing said space shall provide appropriate and reasonable supervision of the users. Said supervisory personnel shall be trained as necessary to clean up blood-born pathogens and other bodily fluids in accordance with District policy and state and federal law. 5.3.4.2 In the event that that the City utilizes the District's Gym and/or related areas at a time when said facilities are not being used by the District, and a properly certified District employee is not otherwise scheduled to undertake a boiler check, the cost of said boiler check, if necessary, shall be paid for by the City and invoiced on a monthly basis. 5.4 Utilities. 5.4.1 For heating, ventilation and air conditioning, the Facilities shall be served by a combination of the District's existing boilers and new roof top. units. To the extent that the City's Gym and related facilities are serviced by the District's equipment, the cost of providing. those HVAC services shall be paid by the City. The,. cost shall be calculated by dividing the square footage of the City's Gym and related facilities by the total square footage of the Facilities and applying that percentage.to the Facility HVAC costs.. 5.4.2 The City Gym and related facilities shall have its. own electrical meter. The City shall either pay the electric company -directly or pay the District based upon the actual cost imposed by the electric company. The District shall endeavor to exclude the Facilities from Excel's "Brown-out" program. In the event the Facilities are not excluded, the City Gym and related facilities shall be subject to the program's requirements and restrictions. 5.4.3 Water shall be provided to the Facilities by the District without cost to the City. 5.4.4 All telephone and low voltage wiring desired by the City within the City Gym and related facilities shall be installed at the City's cost but compatible. with the District's existing low voltage systems. In the event the City desires one or more phones within the City Gym and related facilities, said phones shall be fully compatible with the District's phone system. All monthly phone costs resulting from services requested by the City shall be paid by the City. 5.4.5 All utility costs for which"the City is responsible shall be invoiced to the City on a monthly basis. The City shall pay the invoices within 30 days of the date of the invoice. 6 N 5.4.6 In the event that any utility equipment that is utilized by both Parties, including but not limited to boilers and other HVAC equipment, is in need of repair or replacement, the Parties shall split the cost of the repair or replacement. Each Party's respective share shall be calculated on the basis of square footage, in the manner set forth in section 5.4.1. 5.5 Parkin .The District shall designate all or a portion of the westernmost parking lot, as well as 12 parking spaces in the center parking lot, on the north side of 49th Street as the location for parking for those who utilize the City Gym and related facilities for community recreation. The City shall provide all parking signs it deems necessary for said parking, and shall be responsible for enforcing any parking restrictions for those parking areas. All other District parking lots and private roads or drives shall continue to be utilized exclusively for District staff, students and guests. Article 6 Insurance and Liability 6.1 The District shall provide property and general liability coverage for the Facilities up to the limits contained in Minnesota. Statutes section 466.04, as amended. The premium costs of providing said insurance coverage shall be apportioned between the District and the City based upon the each Party's square footage of their respective portion of the Facilities. The Party responsible for the cost of deductibles and uncovered claims or losses shall be determined by the location where the damage or injury occurred and the Party who controlled the premises or activity at the time the damage or injury occurred. Property damage and personal injuries occurring within the City Gym and related facilities are presumed to be the responsibility of the City, and property damage and personal injuries occurring in the remainder of the Facilities are presumed to be the responsibility of the District, unless one Party was utilizing or otherwise exerting control over the activities in the other Party's facilities. 6.2 Notwithstanding any other provision of this Agreement, each Party shall be responsible for injuries to its own employees to the extent required by law. Each Party will maintain workers' compensation insurance or self- insurance covering its own employees while they are providing services within the Facilities. Each Party waives the right to sue the other Party for .any workers' compensation benefits paid to its own employees or their `7 dependents, even if the injuries were caused wholly or partially by the negligence of the other. Party or its employees. 6.3 To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes section 471.59, subdivision 1 a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties to this Agreement are not liable for the acts or omissions of the other Party to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Party. Article 7 Facility Funding and Construetion 7.1 The plans and specifications for construction of the Facilities shall be approved by the School Board and the City Council prior to any work commencing on the project. All substantial modifications to the approved Facilities design that occur. during construction shall be approved by both Parties in a timely manner so as not to unreasonably delay the project. Oversight and management of the construction project shall be undertaken by the District. 7.2 The initial cost of constructing the Facilities shall be born by both Parties, with the City contributing up to $3.5 million and the District contributing up to $4.4 million ("Construction Funds"). Additional City contributions to the initial construction cost shall be made only after City approval of the additional cost. 7.3 The plans, specifications and division of costs for all subsequent capital improvement projects concerning the Facilities shall be approved by the governing bodies of both Parties prior to construction of the capital improvements. 7.4 Each party shall establish and maintain a dedicated Capital Improvement Fund ("CIF") for their respective portions of the Facilities. The Parties shall contribute $ per to their respective CIFs to fund future improvements to the Facilities. To the extent any Construction Funds remain following final completion of the Facilities, the remaining portion of each Party's funds shall be deposited in the Party's respective CIF. 8 7.5 CHRC shall not have authority to issue bonds or otherwise incur debt. Article ~ 'T'erm This Agreement shall commence upon approval of the governing body of each Party and signature of the official(s) with authority to bind the Party. This Agreement shall remain in effect until rescinded or terminated in accordance with the terms contained herein. Article 9 Withdrawal and 'I'erminati®n 9.1 The City may unilaterally withdraw from the CHRC by giving the District 180 days written notice of said withdrawal, Upon the expiration of the 180 days, the City shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within. the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall. furnish the. District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. 9.2 The District may withdraw from the CHRC only for cause due to (i) breach of this Agreement by the City, or (ii) due to other acts or omissions by the City or its employees or agents that unreasonably interfere with the District's ability to reasonably utilize the District Gyro, Exercise Room and/or related facilities. Such withdrawal by the District shall occur only after (i) giving 180 days written notice to the City of the intent to withdraw _ and the reasons therefore; and (ii) before or during the 180-day notice period, attempting to resolve any defaults or disputes through discussions with the Facilities Committee or through mediation. In the event the default or unreasonable interference is not remedied and the 180-day notice period expires, the District shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall furnish the District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. 9 i IN WITNESS WEREOF, the Parties have caused this Agreement to be executed by the persons authorized to act for their respective Parties on the date shown below. In the event that the Facilities and the building to which they are attached are sold by the District before March 1, 2.03 8, the City shall. be compensated for the value of its investment in the City Gym and related facilities as calculated by the straight line depreciation method. As of March 1, 2038, the City gym and related facilities shall be deemed fully depreciated and no compensation shall be due the City if the Facilities are sold. City of Columbia ]Heights By: Gary L. Peterson, Mayor By: 9.3 In the event that the District consolidates with one or more other districts and the District. campus on 4th Avenue continues to be utilized by the consolidated district, this Agreement. shall continue with the successor consolidated district assuming all of the District's rights and obligations contained herein. Walter R. Fehst, City Manager Independent School District No. 13 By: By: By: Joseph Sturdevant, Clerk Date: Missy Lee, School Board Chair Kathy Kelly, Superintendent Date: 10 The mission statement at Highland Elementary School is to have each student reach his/her full academic potential in an atmosphere of respect for all and appreciation of all cultures. Columbia Heights is a first ring suburb of Minneapolis, Minnesota. There are 460 students in grades K-5 in attendance at Highland. The poverty rate is 75% and about 40% of our students are English language learners (ELL). We have a SchoolwideTitlefrogram and have infused an ESLcollaborating teacher into each grade level. There are five practices that we feel have been most important to our success.The first and most important is collaboration. An additional teacher is assigned to each grade level and the grade level has common planning time built into the daily schedule. The collaborating teacher works with the classroom teacher as a full partner in the classroom, so the students have the benefit of two teachers during parts of the school day.The students are put into small, skill needs based groups for reading instruction, and math when it can be scheduled. In addition to having another teacher in the classroom during core instruction, four out of six of our collaborators speak Spanish, which is the largest group of our ELL population. Readers Workshop has been implemented in all of our classrooms K-5. In the fall, all students are tested with the Developmental Reading Assessment (DRA). This assessment gives diagnostic skill information and a reading level for each student. Each student begins athis/her grade level and moves ahead as quickly as possible.The DRA also gives the information to guide instruction and helps the teachers form small, flexible, needs based skill groups. The teaching staff has been trained in "Best .Practices" instructional methods and plans all of their lessons to be visual and hands on. Strategies and lesson plans that .have worked well.are shared at monthly meetings. Attendance at workshops and in-services that are focused on our models in reading and math are encouraged through ongoing staff development. Each quarter, the grade level teams meet with the principal to go over assessment data on each student in reading and math. The data includes quarterly fluency tests, running records, the reading level of the student, math unit tests and the Successmaker (CCC) grade level test. Within the format of the meeting, each student is discussed. If a student is not at or above grade level in both subjects,theteam plans interventions to help that student. After School Programs have been increased for our students during the current school year with many remedial and enrichment classes offered daily.This has increased the amount of time that students spend learning by 1 ~/z hours each day. Parents also have increased opportunities to come to school to hear their children read their stories at publishing parties, see Reader's Theatre, volunteerto read to students or help students with math. Evening Motheread/Fatheread programs are held in both English and Spanish, along with FAMILY Math Nights. Curriculum night is offered for parents, and an ELL night helps these parents understand school and ways that they can help their children at home. Our goal is to have one family/parent activity each month. We have used all funding to focus on our reading and math models. Our staff follows our models diligently, and all staff is responsibleforthesuccess ofour students."Relationships, rigor and relevance" has become our mantra. We have found that focused, hard work pays off in success for our students! ~`. ~' -7~ /^ ~~: C/L~,G/l~G/Z!~ C~C/'~i%rLlC.rl,C-~ ~ c ~ NATIONALTITLE I CONFERENCE 2008 / / / ~`': COLUMBIA HEIGHTS -CITY COUNCIL LETTER .~Y~~1Q~1~~~~r{~~3;1~11GC'~~ Meeting of: February 25, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY MANAGER' S Hearings Administration APPROVAL NO: ITEM: Surface Drainage BY: BY: Connection and Discharge DATE: February 21, 2008 DATE: Ins ection Incentive Background: On July 12, 2004, Ordinance No. 1472 prohibiting surface drainage connections and discharges into the City of Columbia Heights sanitary sewer system was passed. This addressed an incentive program to dispose of sump pump effluent and indicated a $500 maximum rebate from the city, with an effective date to December 31, 2006. On November 27, 2006, Resolution No. 2006-245 was passed extending the incentive program through December 31, 2008. Proposed Ordinance 1538 is a corrective action to remove the fee and program expiration date and allows reimbursements to be established by resolution. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1538, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1538, for Monday, March 10, 2008 at approximately 7:00 p.m. in the City Council Chambers regarding Surface Drainage connection and discharge inspection incentive. COUNCIL ACTION: ORDINANCE NO. 1538 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SURFACE DRAINAGE CONNECTION AND DISCHARGE INSPECTION INCENTIVE The City of Columbia Heights does ordain: Chapter 8, Article I, Section 8.705 (C} of the Columbia Heights City Code, which currently reads to wit: 8.705 Inspections: (C} Incentive. There are a number ofinethods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a Ciry inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50}. Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1- yearperiod. This incentive program is in effect until December 31, 2006. Is hereby amended to read as follows: 8.705 Inspections: (C) Incentives -Property owner reimbursement and fees related to the program will be set by Resolution. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk