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.
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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:
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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.
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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.
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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
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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.
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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.
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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:
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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!
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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