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April 28, 2008 Regular
CITY OF COLUMBIA HEIGHTS 590 40`n Avenue NE, Columbia Heights, MN 55421-3$78 (763)706-3600 'rDD (763} 706-3692 Visit ourwebsiieat: rs~u=w.ce.cnlrcnrbfa-dreiahrs.rarrz.ers Manor Garb L. Peterson Counciln:embers Robert .4. l1'illianrs Bruce NaNn•oekr Tanrrrrera Drehrn Brnce Kel_errberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, Apri128, 2008 in the City Council Chambers, City Ha11, 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. TJpon 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. Bill Hugo of St. Matthew Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Swearing in of Police Chief Scott Nadeau B. Swearing in of Officer Ron Dietz C. Police Department Citizen Commendation - Chelaine Palmgren D. 2008 Community Recognition Awards -Individual, Youth, Business, and Community Organization - by Ann Dillard, Values First E. Proclamation -Safe and Sober p~ F. Proclamation - 2008 Community Prayer Breakfast -May 14, 2008 pa 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. Anbrove the minutes of the April 14 City Council meeting and the April 21 continued Board. of Review meeting. MOTION: Move to approve the minutes of the April 14, 2008 City Council meeting p9 MOTION: Move to approve the minutes of the Apri121, 2008 continued Board of Review p31 meeting. B. Accept minutes of the Columbia Heights Board and Commission meeting. p3 a MOTION: Move to accept the minutes of the January 23, 2008 HRA meeting. City Council Agenda Monday, Apri128, 2008 Page 2 of 6 C. Adopt Resolution 2008-80 beins~ a Resolution. of the 2008-2010 IUOE Labor Agreement p37 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-80, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2008 -December 31, 2010. D. Resolution 2008-81 being a Resolution for the 2008-2010 AFSCME Labor Agreement p43 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-81, regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2008 -December 31, 2010. E. Resolution 2008-82 being a Resolution for the 2008-2010 LELS Labor Agreement--Ser eg ants p52 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-82, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2008 -December 31, 2010. F. Approve Transfer of Funds from General Fund to Police Dept 2008 Bud~et_Overtime Line p59 # 1020. MOTION: Move to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the first quarter of 2008 from the General Fund to the Police Department 2008 Budget line #1020 Overtime. G. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse p61 Overtime Fund. MOTION: Move to transfer $1,892.80 received from Unique Thrift Stores and $2,812.87 received from School District # 13, a total of $4,705.67 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. H. Authorize extension of contract with Auction Masters to auction exc_ess_City property, p73 unclaimed/forfeited police evidence and found property MOTION: Move to authorize the City Manager and the Police Chief to enter into a contract (May 2008 to Apri12009) with Auction Masters of Maple Grove for auctioning excess city property, unclaimed/forfeited police evidence, and found property with the commission to be set at 25% of the item proceeds and 10% of the vehicle proceeds for the duration of the contract. I. Adopt Resolution No 2008-87 being a Resolution approving plans and specifications and p74 ordering advertisement for bids for the 2008 Street Reconstruction. Project MOTION: Move to waive the reading of Resolution No. 2008-87, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-87, being a Resolution approving plans and 2 City Council Agenda Monday, April. 28, 2008 Page 3 of 6 specifications and ordering advertisement for bids for 2008 Street Reconstruction, University Avenue Service Drive, City Project Number 0602. J. Adopt Resolution 2008-89 declarinP the intent to bond far University Avenue Service Drive p~6 Street Reconstruction Project, City Project 0602 MOTION: Move to waive the reading of Resolution No. 2008-89, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-89, being a Resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for University Avenue Street Reconstruction Project, City Project 0602. K. Adopt Resolution 2008-90 being a Resolution restrictin pg,~ arkin~ on University Avenue Service Drive. P78 MOTION: Move to waive the reading of Resolution No. 2008-90, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-90, being a resolution restricting parking on University Avenue Service Drive, 40th Avenue to 53rd Avenue. L. Adopt Resolution No 2008-91 accepting a 2008 Clean Water Legacy Grant from BSWR in the amount of $42,588 for Silver Lake Beach pao MOTION: Move to waive the reading of Resolution No.2008-91, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-91, being a resolution accepting a 2008 Clean Water Legacy Grant in the amount of $42,588 and authorizing the Mayor and City Manager to enter into an agreement for the same. M. Accept a 200$ Urban Storm Water Grant from the Rice Creek Watershed District in the amount of $35,490 for Silver Lake Beach. p88 MOTION: Move to accept a 2008 Urban Storm Water Cost Share Grant in the amount of $35,490 for Silver Lake Beach from the Rice Creek Watershed District. N. Approve Demolition of Chutney Building at 3700 Central Avenue peg Move to approve the low quote for demolition of the Chutney building at 3700 Central Avenue and its parking lot from Frattalone Companies in the amount of $24,600. O. Establish a Public Hearing on Monda~ay 27 2008 to consider an alle~ght based upon a p97 petition received. MOTION: Move to establish Monday, May 27, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 3850 and 3854 Tyler Street. P. Approval of the attached list of rental housing license applications, in that they have met the psoo requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for Apri128, 2008. Q. Approve Business License Applications pros Motion: Move to approve the items as listed on the business license agenda for April 28, 2008 as City Council Agenda Monday, Apri128, ?008 Page 4 of 6 presented. R. Approve payment of the bills. pros MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125511 through Check Number 125693 in the amount of $747, t 98.44. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2008-84, being a Resolution establishing a list of public nuisances for p113 immediate abatement. MOTION: Move to waive the reading of Resolution No. 2008-84, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. 2. First Reading of Ordinance No. 1544 amending Chapter 4, Article 2 of City Code re~ardin~ tall grass and weeds. pl i 6 MOTION: Move to waive the reading of Ordinance No. 1544, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1544, for Monday, May 12, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 4, Article 2 of City Code. 3. Adopt Resolution 2008-85 being a Resolution establishingtall grass and weed abatement chaff piao MOTION: Move to waive the reading of Resolution No. 2008-85, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-85, being a Resolution establishing tall grass and weed abatement charges. 4. Adopt Resolution 2008-86 being a Resolution establishing~ropert~maintenance inspection fees. p122 MOTION: Move to waive the reading of Resolution No. 2008-86, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-86, being a Resolution establishing property maintenance inspection fees. 5. 2nd Reading of Ordinance No. 1543 being an Ordinance authorizing the conveyance of certain real estate located at 3710 3718 and 3722 Central Avenue. p124 MOTION: Move to waive the reading of Ordinance No. 1543, there being ample copies available to the public. 4 City Council Agenda Monday, Apri128, 2008 Page 5 of 6 MOTION: Move to adopt Ordinance No. 1543, being an ordinance authorizing the conveyance of certain real estate located at 3710, 3718 and 3722 Central Avenue. B. Bid Considerations 1. Adopt Resolution 2008-83, beins a Resolution. accepting bids and award_n~ contract for 2008 Park Improvement Projects p126 MOTION: Move to waive the reading of Resolution No. 2008-83, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-83, that being a resolution accepting bids and awarding the 2008 Fark improvements for Sullivan Lake and Silver Lake Beach, including Sullivan Lake Alternates A8, A9 and A10 and Silver Lake Beach Alternates A10 and A16, Project Numbers 0805 & 0806, respectively; to American Liberty Construction of Rockford, Mirmesota in the amount of $633,220.93, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C. Other Business 1. Approve Joint Powers Agreement with Anoka County for Assessment Services p135 MOTION: Move to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2008 -January 15, 2013, and to authorize the Mayor and City Manager to execute the agreement. 2. Approve Site Lease Agreement with Verizon Wireless for a Communication Antenna p137 MOTION: Move to approve a lease agreement with Verizon Wireless for use of the Municipal Service Center land to install a communication tower, and authorize the Mayor and City Manager to enter into an agreement for the same. 7. PUBLIC HEARINGS A. 2nd Reading Ordinance No.1540, Issuance and Sale of Taxable G.O. Housing Improvement p15o Area Bonds Series 2008A MOTION: Move to waive the reading of Ordinance No. 1540, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1540, being an Ordinance providing for the Issuance and Sale of approximately $2,785,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A B. Second reading of Ordinance No. 1542 beinP an Ordinance amending Ordinance 1490, City pi53 Code of 2005 allowingimmediate public nuisance abatement. MOTION: Move to waive the reading of Ordinance No.1542, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1542, being an Ordinance amending Ordinance 1490, City Code of 2005 allowing immediate public nuisance abatement. C. Adopt Resolutions 2008-93 1230-32 Circle Terrace Boulevard N.E., 2008-94, 660-662 47-1/2 Avenue N E 2008-95 4636 Washington Street N E 2008-96 1337-1339 Circle Terrace p156 Boulevard N E 2008-97 4554 6th Street N E being Resolutions a~provinp rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 5 City Council Agenda Monday, April 28, 2008 Page 6 of 6 2008-93, 2008-94, 2008-95, 2008-96, 2008-97 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-93, 2008-94, 2008-95, 2008-96, 2008-97 being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Seetion SA.408(A) of the rental licenses listed. D. Adopt Resolution 2008-98 1355-57 Circle Terrace Blvd. N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights• p16~ MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-98, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-98, being a Resolution declaring 1355-1357 Circle Terrace Boulevard 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. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm PROCLAMATION "Buckle Up, Columbia Heights -Click it or Ticket!" May 19th -June 1St, 2008 Whereas, the Columbia Heights Police Department and the Minnesota Department of Public Safety Office of Traffic Safety, participants and administrators of the Safe & Sober May Mobilization education and enforcement campaign, is committed to saving lives by increasing seat belt use and reducing the number of unnecessary traffic fatalities on Minnesota roads; and Whereas, more than two-thirds of traffic fatalities are attributed to seat belt non-use; and Whereas, motor vehicle crashes are the leading cause of death for children and young adults ages 4 to 33 and the leading cause of quadriplegia and paraplegia; and Whereas, we recognize seat belts play an important role in saving lives, preventing injuries, and reducing insurance and health care costs; and Whereas, while Minnesota laws enforce seat belt use, all of us must do what we can to stress the importance of buckling up; and Whereas, the coordination of state and local efforts will enhance the overall efficiency and impact of this life-saving campaign. Now therefore be it resolved, that the Columbia Heights City Council endorses the Safe & Sober May Mobilization and recognizes the period of May 19th through June 1St as "Buckle Up, Columbia Heights- Click it or Ticket!" The Columbia Heights City Council urges citizens of Columbia Heights to use this week to demonstrate and reaffirm our commitment to buckling up and arriving alive to our destinations. Be it further resolved, that the Columbia Heights City Council encourages peace officers to increase public awareness of the risks associated with seat belt and child seat non-use; that the Columbia Heights City Council also supports the education and enforcement activities that include conducting enhanced enforcement; distributing public information; collecting seat belt use data to measure progress; and supporting efforts to improve state legislation on the required use of passenger protection devices; Therefore, I, Mayor Gary L. Peterson do hereby proclaim that the week of May 19th through June 1St, 2008 be known as "Buckle Up, Columbia Heights- Click it or Ticket!" in Columbia Heights. Mayor Gary L. Peterson PROCLAMATION COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MITrTNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self-evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 14, 20Q8, as the date of the Columbia Heights Community Prayer Breakfast. Gary L. Peterson, Mayor s OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 14, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 14, 2008 in the Cfty Council Chambers, City Hall, 590 40th Avenue N.E., Columbia uo; ,~~,+~ r ~T ii~i~iiw, Lvu~. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bob Lyndes, Crestview Communities, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the City newsletter and the replacement of Randy Schumacher. Peterson added these items to the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Second annual Young Artists' Showcase winners sponsored by our local Sister Cities Committee First Place -Janet Cazares; Runners-Up -Gabe Griffith and Ellen Knealing Dolores Strand, Sister Cities Co-Chair, stated this is the second year of the Young Artists' contest. She introduced the three winners and their paintings were displayed. Ms. Cazares' painting will be sent to Washington DC for the next round of judging. The top twenty paintings from the Washington competition will be displayed at the international conference. Janet Cazares stated that she is a Columbia Heights High School Senior. She thanked the Sister Cities group for this opportunity. Strand thanked Liz Bray, Recreation Program Coordinator, for her help and support of this program. B. Proclamation National Library Week: April 14-I9, 2008 Mayor Peterson read the proclamation, stating this is the Library's 80"' anniversary. Katherine Vesley, Library Board member, and Becky Loader, Library Director, accepted the proclamation. Vesley thanked the City Council for their support. She stated that in our community of 18,000 people, over 12,000 have library cards. The library is a wonderful place to go for knowledge and camaraderie. Peterson stated that the appreciation dinner for Columbia Heights volunteers will be held this Wednesday. C. Proclamation Arbor Day and Month, 2008 Mayor Peterson read the Arbor Day and Month proclamation. Kevin Hansen, Public Works Director, accepted the proclamation. This is our 15`x' year as a Tree City USA. D. Introduction Carol Broermann, Secretary II-A Public Works 9 City Council Minutes Monday, April 14, 2008 Page 2 of 22 Hansen introduced Carol, indicating she had worked for the City of St. Paul for 23 years and a short time for the City of Golden Valley. Carol stated that she lives in Columbia Heights, enjoys the community, and hopes to see it blossom. Peterson stated that tomorrow he is invited to the 102"d birthday parry for Evelyn Carr. Our Sister City Committee is sponsoring a fundraising dinner on Sunday, Apri120"' at Murzyn Hall for the Children's Hospital in Lomianki, Poland. E. Presentation by the High School Robotics team. Peterson introduced Beth Fawley, Director of the High School Gifted and Talented Students, and Max Ferrari, member of the Robotics Team. Fawley spoke to the creation of the 18 member team, the sponsorship, and their Milwaukee competition experience. Ferrari demonstrated the robot and explained the engineered design. The robot will be in the June Jamboree parade. Nawrocki stated that this week marked the passing of Elaine (Olson) Hermundslie, wife of the co-founder of Medtronic's. CONSENT AGENDA Walt Fehst, City Manager took Councilmembers through the consent agenda. A. Approve the following minutes of the Columbia Heights City Council meetings. Motion to approve the minutes of the March 24, 2008 City Council meeting. Motion to approve the minutes of the Apri17, 2008 Board of Review Motion to approve the minutes of the Apri17, 2008 Seal Coat Public Improvement Hearing Motion to approve the minutes of the Apri17, 2008 University Service Drive Hearing B. Accept the minutes of the following Columbia Heights Boards and Commissions. Motion to accept the minutes of the March 11, 2008 Library Board meeting. Motion to accept the minutes of the April 1, 2008 Planning and Zoning Commission meeting. C. Approve Gambling_Permit for Immaculate Conception Church Fun Fest, August 8-10, 2008. 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 gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 8 to 10, 2008 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. D. Adopt Resolution 2008-70 adopting changes in wade ranges and establishing~wa eg s for seasonal and temporary employees for calendar year 2008. Fehst indicated the increases are at the level requested by Council. Nawrocki indicated that he listened to the meeting audio and the City Council did not agree to this. They also go beyond a three percent parameter. He stated the disparity in a three percent increase of a Public Works employee versus the City Manager. Nawrocki stated that no comparative information from other communities was received. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-70, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2008. to City Council Minutes Monday, April 14, 2008 Page 3 of 22 RESOLUTION 2008-70 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART- TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program. for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted. in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non- unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation. positions, and interns, as indicated on Schedule I, II, III, and IV, which are attached and on file in the affice of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2008. E. Adopt Resolution 2008-69, re~ardin~ the Labor Agreement between_the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for_calendar years 2008, 2009, and 2010. Fehst stated that in comparisons, our police officers have fallen below the standards, and are able to go to binding arbitration. As a result, Council was made aware of an additional one percent recommendation for their union. Fehst stated that comparison information is available in the Human Resources Department. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-69, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Loca1311, for calendar years 2008, 2009, and 2010. RESOLUTION 2008-69 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Loca1311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutuaity acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. F. Adopt Resolution 2008-45 re~;arding_Penalties for Administrative Offenses as authorized by City Code of 2005. Fehst stated this is an administration item to bring the resolution in line with the numbering of the re-codified City Code. Fehst referred to the legislative discussion against administrative tags. The State collects $72 of any ticket, the County $40, and only $12 goes to the City. Most cities have gone to administrative tags for lesser violations, which do not go against your record. This does not overly penalize working class citizens for minor violations. Nawrocki asked if there were additions or changes. Acting Chief Bill Roddy indicated that there were no 11 City Council Minutes Monday, April 14, 2008 Page 4 of 22 changes in penalties or fees. Motion to waive the reading of Resolution 2008-45, there being ample copies available to the public. Motion to adopt Resolution 2008-45 being a Resolution regarding Penalties for Administrative Offenses within the City of Columbia Heights as Authorized by the Columbia Heights City Code of 2005. Resolution 2008-45 may be found at the end of this document. G. Adopt Resolution No 2008-63 beingLa resolution authorizing the cleaning and lining of 4,300 lineal feet of water main under the Minneapolis 2008 program, City Project No. 0803. Fehst apologized that the feasibility report was not in the agenda packet. This is an affordable way to clean city water. Hansen indicated the dramatic improvement seen from past cleaning and lining projects. Water quality complaints are tracked and direct the cleaning or flushing of lines. Nawrocki stated that he had to complain of dirty water five times last year and encouraged residents with dirty water to contact the city. Hansen referred to the rust or tuberculation that builds in the pipe and the need to clean or replace the pipe. The proposed area will cost over $150,000. Williams asked the cost to replace that amount of pipe. Hansen stated that cleaning and lining is 90 percent of the cost of new pipes, but lining does not include the cost of street replacement. When street reconstruction is done, if possible, we replace the water lines. Hansen stated that cleaning and lining would add 40 years usage to the pipes. Motion to waive the reading of Resolution 2008-63, there being ample copies available for the public. Motion to adopt Resolution 2008-63, being a resolution which accepts the Feasibility Report for the 2008 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,3001inear feet, under the City of Minneapolis water main cleaning and lining program far 2008. RESOLUTION NO.2005-63 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2008 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2008 Water Main Cleaning and Lining Program, and WHEREAS, the 2008 Water Main Cleaning and Lining Program includes the following main segments: Jackson Alley: 50`h to S l S` Avenues; Rainier Pass: Innsbruck Parkway to end; St. Moritz Drive: Innsbruck Parkway to end; Innsbruck Parkway: Rainier Pass to St. Moritz Drive; Innsbruck Parkway: St. Moritz Drive to Argonne Drive; Innsbruck Parkway: Argonne Drive to Pennine Pass; Pennine Pass: North Upland Crest to Innsbruck Parkway; and 45"' Avenue: Main Street to 3`a Street. 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 April 14, 2008. 12 City Council Minutes Monday, April 14, 2008 Page 5 of 22 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $142,500. 2. Such improvement is necessary, cost-effective, and feasible. 3. Such improvement is hereby ordered as proposed. in the Council Resolution adopted 14th of April., 2008, 4. These improvements shall also be known as Project No. 0803 5. The City Engineer, Kevin. Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. H. Adopt Resolution 2008-75 being a resolution awarding Street Striping and Resolution 2008-76 award of Seal Coat protect. Fehst indicated that this is done in conjunction with other cities for the quantity purchase cost benefit. Motion to waive the reading of Resolution No. 2008-75, there being ample copies available to the public. Motion to adapt Resolution No. 2008-75, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2008 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.48 per gallon with an estimated cost of $1,040.00 to be appropriated from Fund 212-43190-4000 and $320.00 to be appropriated from Fund 101-43170-4000. RESOLUTION NO.2008-75 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE, STRIPING PROJECT TO AAA. STRIPING WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2008 Street Striping, bids were received, opened. and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 60,404.00 Traffic Marking Service $ 62,700.00 Fahrner Asphalt $ 71,1.90.00 WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Columbia Heights for 2008 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall. be funded with 85% State Aid maintenance funds and 15% general funds. Motion to waive the reading of Resolution No. 2008-76, there being ample copies available to the public. Motion to adopt Resolution No. 2008-76, being a resolution awarding the Joint Powers 13 City Council Minutes Monday, April 14, 2008 Page 6 of 22 Agreement Contract with the City of Coon Rapids for the 2008 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.25 per gallon of emulsion and $0.73 per square yard of aggregate with an estimated cost of $70,328.41 to be appropriated from Fund 415-50801-5130 and $79,102.00 to be appropriated from Fund 430-46323-5130. RESOLUTION N0.2008-76 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2008 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rack) Granite Allied Blacktop Company $ 1,365,932.31 $ 1,253,193.18 Asphalt Surface Technologies $ 1,536,466.93 $ 1,461,307.51 Pearson Brothers $ 1,821,897.42 $ 1,746,738.00 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The City of Coon. Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2008 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 45% assessments and 55% infrastructure fund. I. Adopt Resolution No 2008-78 being a resolution adopting the City Street Sweeping Policy Hansen stated that this stipulates the sweeping policy for local streets. Streets are swept four times a year and alleys are swept once a year. Certain areas are swept first for environment purposes, such as near lakes and ponds to keep sediments from them. Motion to waive the reading of Resolution No. 2008-78, there being ample copies available to the public. Motion to adopt Resolution No. 2008-78, being a resolution adopting the City Street Sweeping Policy for the City of Columbia Heights. RESOLUTION N0.2008-78 RESOLUTION ADOPTING THE STREET SWEEPING POLICY WHEREAS, a Street Sweeping Policy has been developed and. recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights and is recommended by the League of Minnesota Cities; and. WHEREAS, the Policy divides the city into street sweeping districts and defines the frequency and procedure of sweeping City streets; and WHEREAS, the Policy identifies that sensitive watershed areas will be swept first; and 14 City Council Minutes Monday, April 14, 2008 Page 7 of 22 WHEREAS, the Policy is consistent with the City of Columbia Heights Storm Water Pollution Prevention. Program (SWPPP). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Colwnbia Heights that said Street Sweeping Policy is hereby approved and adopted. Approve capital equipment replacement of unit #216 John Deere Mode1260 Skid Steer Loader, equipped with bucket and pallet fork attachments from the State of Minnesota Purchasing Contract. Nawrocki asked how the trade-in price is determined. Hansen stated that vendors reviewed our current unit and indicated the amount in their bid. Steve Synowczynski gave the trade in details. This machine will have tracks and allow us to get into swamp or sand areas. '1 hese situations ruined four sets of tires over the life of the other unit. Motion to authorize the purchase from the State of Minnesota Purchasing Contract one (1}new Cat 247B2 skid steer track loader, equipped with bucket and pallet fork attachments from Ziegler Caterpillar in the amount of $21,335 including trade-in plus sales tax. Funding is provided in equal amounts from the Street and Parks Capital Equipment Replacement Funds 431-43121-5080 and 431-45200-5080. K. Adopt Resolution No. 2008-79, being a resolution adopting the City Sanitary Sewer Maintenance Policy Hansen stated this policy was last approved in 2002. A model from the League of Minnesota Cities is adapted for our city. It indicates that we clean every line on a three year cycle and trouble lines once a year. The policy also covers emergency issues. Motion to waive the reading of Resolution No. 2008-79, there being ample copies available to the public. Motion to adopt Resolution No. 2008-79, being a resolution adopting the Sanitary Sewer Maintenance Policy for the City of Columbia Heights. RESOLUTION N0.2008-79 RESOLUTION ADOPTING THE SANITARY SEWER MAINTENANCE POLICY WHEREAS, a Sanitary Sewer Maintenance Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined. to be in the best interest of the City of Columbia Heights and is recommended by the League of Minnesota Cities; and WHEREAS, a Sanitary Sewer Maintenance Policy is consistent with the City of Columbia Heights Inflow/Infiltration Reduction Program; and WHEREAS, the policy defines the methods and procedures for adequate and routine maintenance of the sanitary sewer system; and WHEREAS, the Policy divides the city into sewer maintenance districts and defines the frequency of sewer cleaning. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Sanitary Sewer Maintenance Policy is hereby approved and adopted. L. Adopt Resolution No. 2008-77 being_a resolution accepting; bids and awarding a contract for city_proiect #0800: 2008 Miscellaneous Concrete Repairs and Installations. 15 City Council Minutes Monday, April 14, 2008 Page 8 of 22 Motion to waive the reading of Resolution No. 2008-77, there being ample copies available to the public. Motion to adopt Resolution No 2008-77, being a resolution accepting bids and awarding the 2008 Miscellaneous Concrete Repairs and Installations, Municipal Project #0800 to Ron Kassa Construction, Inc., based upon. their low, qualified, responsible total bid in the amount of $37,496.20 with funds to be appropriated from Fund 401-50800-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. RESOLUTION NO. 2008-77 RESOLUTION ACCEPTING BIDS AND AWARI?ING COI`:TP.ACT FOR THE 2008 1~9ISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0800, Miscellaneous Concrete Repairs and Installations, bids were received., opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contraction, Inc. $37,496.20 Standard Sidewalk Inc. $44,324.75 Concrete Ideas, Inc. $45,731..00 Create Constructions, LLC $46,785.60 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`h St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with. Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2008 Miscellaneous Concrete Repairs and Installations, City Project No. 0800, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained. until the contract has been signed. 3. City Project No. 0800 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. M. Approval 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 April 14, 2008. N. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 14, 2008 as presented. O. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the check register covering Check Number 125282 through Check Number 125510 in the amount of $1,495,678.75. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 16 City Council Minutes Monday, April 14, 2008 Page 9 of 22 1. Adopt Resolution No 2008-68 being a Resolution approving a Minor Subdivision for property at 4910 Central Avenue Jeff Sargent, City Planner, indicated that Border Foods, parent company of Taco Bell is requesting to split twelve feet from their adjacent property to complete the new Taco Bell project. They have agreed to demolish the blue car wash. The Planning and Zoning Commission approved the plan as it complies with our zoning code. Staff has worked with Border Foods on the site and building plans, and staff recommended approval of the minor sub- division. Nawrocki asked how this differs from the previous plan. Sargent stated that the first proposal included development of a Starbucks at 4910 Central. Both businesses would have required a drive-through, and required variances and design guidelines changes. This was a negotiated redesign and we are pleased with their cooperation. There are two deviations in the project: the short side of the building will face Central Avenue to allow for the drive-through and the building has a 20 foot height with only a 22 foot cornice. Building colors have been toned to follow guidelines, mare windows were included, and brick and stucco have been incorporated into the appearance. Sargent described the signage. Nawrocki referred to snow removal issues, indicating that they could be better corporate citizens. Sargent stated that this design would have more green space allowing more snow storage space. This will be a brand new facility and they will want to take care of it. Diehm thanked the applicant and staff for bringing this forward. She stated that she is impressed with the building's appearance, disappointed there won't be a Starbucks, and happy the car wash will be demolished. She commented that their guest, a German exchange student, wanted to eat at Taco Bell before he went back to Germany. Deb Johnson, 4626 Pierce Street, asked why the drive through was not on the north side. Sargent stated that the orientation of the building was determined by the drive-up window requirements. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adapt Resolution No. 2008-68, being a Resolution approving a Minor Subdivision of the property located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2008-68. Upon vote: All ayes. Motion carried. Fehst asked how long the Taco Bell would be out of business. The business representative indicated 90 to 100 days. RESOLUTION N0.2008-68 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BORDER FOODS, INC. WHEREAS, a proposal (Case No. 2008-0401) has been submitted by Border Foods, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision. Code at the following site: ADDRESS: 4910 Central Avenue EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. 17 City Council Minutes Monday, April 14, 2008 Page 10 of 22 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on April 1, 2008. 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 foIlowing 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. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with seed or sod. 2. 1st Reading of Ordinance No. 1543 being an Ordinance authorizin cg o~weyance of certain real estate located at 3710 3718 and 3722 Central Avenue Kirsten Partenheimer, Community Development, indicated items 2 and 3 are for the same property. Past practice is that the EDA works with redevelopment projects, which this allows. The City owns three of the parcels in this project. Nawrocki stated that this request is premature. The development access will came in through the alley, which is adjacent to residential areas from 37`" to 39'". He stated safety concerns for this site. The cost to acquire the properties has came from grants, but the biggest share of the cost has been public money and this asks for additional funds. Williams stated that we have met with the neighbors and the alley will be taken care of. Community block grant money is meant for this type of action.. This has been in process for about eight years and will be a positive for our city. Scott Clark, Community Development Director, stated that approving the development agreement establishes performance requirements. It includes regulatory approval of the Planning and Zoning Commission and must fulfill the building permit process. Nawrocki spoke negatively of the "process" and indicated things should be discussed first. Motion by Williams, second by Williams, to waive the reading of Ordinance No. 1543, there being an ample amount of copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion carried. Motion by Williams, second by Kelzenberg, to set a Second Reading of Ordinance No. 1543 18 City Council Minutes Monday, April 14, 2008 Page 11 of 22 for approximately 7:00 pm on Monday, April 28, 2008. Upon vote: Kelzenberg, aye; Williams, aye; Dielnn, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion carried. 3. Adapt Resolution 2008-71, Approvin ~a Cantract for Private Redevelapment Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-71, there being an ample amount of copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-71, a Resolution approving a contract for private redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority and 37th and Central LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion carried. Peterson stated that we are doing this in the proper sequence. RESOLUTION NO.2008-7I RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS, THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND 3'7TH AND CENTRAL LLC BE IT RESOLVED By the City of Columbia Heights (the "City") as follows: Section. 1. Recitals. 1.01. The City of Columbia Heights, the Economic Development Authority (the "Authority") and 37`~ and Central LLC (the "Redeveloper") have proposed to enter into a Contract for Private Redevelopment, (the "Contract") setting forth the terms and conditions of the sale and subsequent redevelopment of certain property owned. by the City, generally located on the southwest corner of 37"' and Central Avenue. 1.02. The City believes that the building located. on the Redevelopment Property is obsolete, with the result that the developer will incur significant costs to address these substandard conditions in order to redevelop the property. 1.03. In order to assist the Redeveloper in making redevelopment of the property economically feasible, the City will convey the City Parcels by quite claim deed to the Authority for later conveyance to the Redeveloper, and will provide financing and grant funds for acquisition and demolition, subject to all the terms and conditions of the Contract. 1.04. The City has reviewed the Contract and finds that the execution thereof and. performance of the City's obligations thereunder are in the best interest of the City and its residents. 1.05. The Authority approved the Contract on April 1, 2008. Section. 2. Cit~pproval; Further Proceedings. 2.01.. The Contract as presented to the City is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are herby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. 4. Adopt Resolution 2008-67 being a resolution establishing~a Construction Fund for the Public Safety Building. Fehst stated this would establish a temporary construction fund from the Housing fund, and allow use of funds until the bond can be accessed and allow us to proceed with the project. Nawrocki questioned how the $600,000 figure was determined. Fehst stated that was the original purchase amount of the building. Nawrocki stated concern that the $10.5 million bond 19 City Council Minutes Monday, April 14, 2008 Page 12 of 22 request changed to $11.5 million. Nawrocki referred to the numerous different funds used by the city, which he tries to follow, but is not given a complete list. Fehst stated that most funds are established by Council or State Statute. This would allow for over-runs. Nawrocki stated that this would require the city to again buy the land that we have already bought and given to the EDA. It was expected to recoup the money through sale of the land to a developer. Fehst stated the land was transferred to the EDA, as they handle development. This fund would allow us to pay bills as they came in. Nawrocki stated that initially Buetow and Associates were paid from the City Council's budget. Dwayne Morrell, 4212 Reservoir Boulevard, asked if this building project was already approved, as this is the first he has heard of it. Fehst indicated this has been discussed for one and one-half years. Dwayne asked if fundraising was considered to reduce the amount of a bond. At the end of the bond period, will that amount be subtracted from the taxes? Fehst stated yes. Morrell suggested other sites for the building. Fehst listed other sites considered and the reasons they were not viable. Morrell stated he spoke to Councilmember Nawrocki who indicated that the police need a new facility and the fire department could use the vacated area. Fehst indicated the space needs report is available for review and indicated the Fire Department's duties and requirements. Morrell suggested the use of Surety Bonds, and questioned if the city was compensated for the incomplete K-mart site. Fehst stated that the tax increment would be paid in a short amount of time. Nawrocki again questioned the housing fund. Fehst stated that he would make available the Council action to approve this fund. Motion by Williams, second by Diehm, to waive the reading of Resolution 2008-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm., to adopt Resolution 2008-67 being a resolution establishing a construction fund for the public safety building. Nawrocki asked what the funds would be used for. Fehst indicated it would begin with the architect and construction manager. Upon vote: Keizenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2008-67 BEING RESOLUTION ESTABLISHING A CONSTRUCTION FUND FOR THE PUBLIC SAFETY BUILDING WHEREAS, the City of Columbia Heights has initiated the process of constructing a new public safety building; and WHEREAS, to facilitate proper accounting for all revenue and expenses related to this project, it is necessary to establish a construction fund; and WHEREAS, temporary funding is needed until bond proceeds are received; and WHEREAS, the City Council desires to establish a reserve fund to cover potential project overruns and/or to provide additional improvements to the site; 20 City Council Minutes Monday, April I4, 2008 Page 13 of 22 NOW, THEREFORE, BE IT RESOLVED that fund 41.7, Public Safety Building Construction, be established to account for construction revenue and expenses; BE IT FURTHER RESOLVED that $600,000 be transferred from the Housing Maintenance fund 407 to provide startup funding until bond proceeds are received. BE IT FURTHER RESOLVED that when bond proceeds are received the initial startup capital of $600,000 be transferred to the General Government Building fund and reserved for site improvements or other project costs until such time as the public safety building is completed. B. Bid Considerations -none C. Other Business Consideration of salary increase for the City of Columbia Hei htg s Mayor and Council members. Fehst stated that the City Charter requires any Council salary adjustments be considered prior to a newly seated council and not take effect until following the next election. The last increase for the City Council was 20 years ago. Following that, the salary of the Mayor was reduced from $13,000 to approximately $9,000. When the salary was reduced it, it was to the 1982 salary level. Fehst stated that it is appropriate to consider an increase for the City Council and should be completed for the Mayor's position. In the council/manager form of government, the Mayor plays an integral part in city issues and is ultimately responsible for the Police Department. The Mayor, as Council appointed representative, has been very involved in meetings for the new gymnasium and the Public Safety facility, where his extensive knowledge in construction has been very helpful. Fehst suggested the Mayor's salary be increase for at least the two years through the construction term, with a possible sunset clause. Also, council members should consider a cost of living increase. Diehm stated it is important to note that the salary being set is for the future. It is an oddity that in the past the Mayor's salary was decreased. We spent a lot of time looking at the salaries of Mayors and Councilmembers of other cities. Diehtn stated her support of an increase in the Mayor's salary, and indicated that currently Councilmembers are compensated similarly to other communities. Williams indicated his long-time support that the Mayor should be compensated more, especially with his construction background. Williams stated that when he filed for office he did not know that Councilmembers received a salary. Nawrocki stated he does not support any increase in the Councilmember's or Mayor's salary. The history of the decrease was not given; there were elections at issue. Also, Columbia Heights is one of the few cities that allow members of Council to partake in hospitalization benefits, which several members do. Family coverage is $7,740 a year. Nawrocki listed three cities where salaries and benefits exceed the amount received here. Fehst referred to the suggested amount as the same amount given twenty years ago. He suggested this at least be carried out for a period of two years during the aforementioned construction projects. Nawrocki again referred to the history of the salary decrease. Peterson stated that in 1988 the Council voted to increase the Mayor's salary to $13,800, following which then Mayor Nawrocki lost the election. His salary ended at $12,000. The salary was lowered in 1994 by then Mayor Murzyn. Peterson stated that hospitalization was in addition to that amount also. Nawrocki stated that hospitalization cost less then. 21 City Council Minutes Monday, April 14, 2008 Page 14 of 22 Peterson stated that no one is sitting on the Council for the money. He stated that he did not instigate this request, but someone that has benefited more than anyone in this community and is receiving retirement benefits of $85,000 from the Mayor's job that paid a meager $12,000 a year is saying something. Nawrocki stated that was an improper statement, as most of his retirement benefits are based on years served as Executive Director. Discussion included "high- five" years of service and PERA benefits. Fehst stated that PERA pensions are a public record that anyone can check, and brought the issue back to topic. The Mayor's salary today is the same as it was in 1982. The Mayor is very helpful to staff with his 35 years of~construction experience. It is valuable to have him at the meetings. Peterson stated his desire to pull this item from discussion. He stated that he also did not know that Councilmembers were paid when he ran for office. Motion by Kelzenberg, second by Diehm to approve, following the 2008 municipal election, a salary increase for the City of Columbia Heights Mayor to $13,800 per year. Williams stated that when this was discussed at a work session, the Mayor was not present and this makes him uncomfortable as he does everything for the city and spends and inordinate amount of time doing so, but does not do so for the money. Williams stated his appreciation for all the Mayor does for our community. This request has been driven by Council. Diehm stated again that Councilmembers spent a lot of time reviewing comparable communities and our mayor's salary is down and it is important to bring it up to standard. Nawrocki stated that there was not much information provided at the work session and it was not the Council that brought this forward, it was the City Manager pushing for it. As for the public safety building, Nawrocki stated that he has asked to see plans other than Line drawings. He happened to be in the Fire Department and they were looking at two options. Fehst stated that the plans were received only last week. Nawrocki again requested to see a comparable facility. Peterson stated that this discussion was not relevant to the motion. Na~vrocki stated that he has requested to be involved in this process, as he also has extensive experience. Kelzenberg called for the question. Seconded by Williams. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3 ayes, 1 nay, 1 abstention. Motion carried. Peterson asked for motion on Councilmember salary increases. Unanimously, no motion was received. Peterson stated that one mayor that received the $13,800 salary donated half of it to SACA. PUBLIC HEARINGS A. Adopt Ordinance 1541 being and Ordinance providing for the issuance and sale of up to $11 500 000 in General Obligation Public Safety Center Bonds, Series 2008B Fehst stated this is the second reading of the bond sale. 22 City Council Minutes Monday, April 14, 2008 Page I S of 22 Nawrocki reiterated that this is premature and there is not good information on the cost of the building, the plans are not construction drawings, and there is no cost effectiveness in the plans with all of the cubicles. He will visit Bloomington to see their police department. Nawrocki requested estimates to maintain the building and what the plan is for the present building. Current construction bids should be less because of the economy. The $10.5 million may be high and part of the $11.5 million is to give the EDA $600,000. Nawrocki stated that he could support a police building and could come to accept it would be a public safety facility, but he would not support the $11.5 million band. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance 1541, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1541, being an ordinance providing for the issuance and sale of up to $11,500,000 in General Obligation Public Safety Center Bonds, Series 2008B. Motion to amend by Nawrocki, to change the amount from $11.5 to $10.5 million. Williams questioned if the bids are less can we return the difference? Fehst stated that could not be done and you can not make money on the money you borrow. Nawrocki stated that you can build in the criteria when you get the bond payoff schedule. Fehst stated bonds can usually be traded after eight years. Mayor Peterson called for a second to the amendment. A second was not received. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Peterson stated that this is a move in the right direction to build a public safety building for our community. D121)iNANCE NQ. 1541 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF UP TO $11.,500,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: I. It is hereby determined that: (a) The City of Columbia Heights (the "City") has determined a need to construct and equip an approxnnately 40,000 square foot police and fire facility (the "Public Safety Center") on a site bounded by 41St Avenue, Jackson St, 42"d Avenues and Central Avenue (the "Site"), including landscaping and other site improvements related to the Public Safety Center, and landscaping and other site improvements on the remainder of the Site (together, the "Site Improvements"). The Public Safety Center and all Site Improvements are referred to as the "Project." (b) The City has determined to finance the costs of the Project, including all hard and. soft costs and bond issuance costs, through the issuance of general obligation bonds under the Charter of the City of Colwnbia Heights (the "Charter"). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Public Safety Center Bonds, Series 2008E (the "Bonds"), in a principal amount not to exceed $11,500,000, pursuant to the Charter to provide financing for the Project. 23 City Council Minutes Monday, April 14, 2008 Page 16 of 22 (d) The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent fmancial adviser in connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(c), in accordance with the terms of proposal approved by the City Manager and the City Finance Director. The City Council will meet on July 14, 2008 or such other date specified by the City Manager in accordance with. the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its publication in a legal newspaper of general circulation in the City. B. First reading of Ordinance 1542 being_an Ordinance to amend Chapter 8, Article II of City Code which covers Public Nuisances. Fire Chief Gary Gorman indicated that often abatements brought to Council are outdoor items such as appliances, trash, snow shoveling, etc. Current policy requires one to two months to abate these issues. The City of Minneapolis lists such nuisances by resolution for abatement, such as we currently use for junk vehicles and tall grass. The property would be posted, allowing 96 hours for correction. If the violation is not corrected, abatement would take place. Jim Hoeft, City Attorney, stated that the resolution would not list nuisances, as they are already identified in our city code. It would identify those nuisances that can be taken care of without coming before the City Council. This action clarifies the ordinance. Hoeft referred to 8.206 Sub A., there should not be a reference to summary enforcement. This just authorizes a resolution allowing Council to pick and choose nuisance items, such as appliances. Gorman stated that violations on the structure would still come before the City Council. The resolution should be available at the next meeting. Nawrocki questioned if the item would come to the Council after the abatement. Gorman stated it would not. Nawrocki questioned how this would allow due process? Hoeft stated that the property owner would have the ability to contest at the assessment hearing. If Council agreed with the dispute, the City would pay for the work completed. Hoeft explained the items considered compared to emergency abatements of hazards to human live and safety. Council would approve the items that would qualify for immediate abatement. Nuisance items would not come befare Council. Williams stated that it has been his goal to establish this type of system. Hoeft stated that the City of Minneapolis has this policy. We used the finer points and made this as simple as possible. Dwayne Morrell questioned if the number of appliances allowed for pickup has changed. Peterson stated it has changed to one free pick up a year, as the system was being abused. Morrell suggested compaction as an option at the recycling center. He indicated that the company that collects fluorescent bulbs will also pick up computers. Motion by Williams, second Kelzenberg, to waive the reading of Ordinance No.1542, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by L~Tilliams, second by Kelzenberg, to set the second reading of Ordinance No. 1542, for Monday, April 28, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 8, Article II of City Code. Upon vote: All ayes. Motion carried. 24 City Council Minutes Monday, April 14, 2008 Page 17 of 22 C. Adobt Resolutions 2008-72, 1308-10 Circle Terrace Blvd. N.E., 2008-73_,_4224 Jackson Street N E and 2008-74 4618 Polk Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated that 1308-10 Circle Terrace is vacant and the action was an immediate abatement to board up the building. Gorman stated that 4224 Jackson Street does not have house numbers displayed. Gorman stated that 4618 Polk had to be secured because of running water. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-72, 2008-73, and 2008-74 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2008-72, 2008-73, and 2008-74 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 properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2008-72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 20, 2008 Now, therefore, in accordance with the foregoing, and ail 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 February 20, 2008 an inspection was conducted on the property listed above. Inspectors found eleven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 20, 2008 inspectors re-inspected the property listed above. Inspectors noted that eleven violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on April 4, 2008 inspectors reinspected the property and found that eleven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. 1310 -Shall replace the missing screen door that has no screen or glass B. 1310 -Shall 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 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 repair all damaged sections of siding and siding corners on the building H. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides I. 1308 -Shall repair the door closer on the rear storm door J. Shall replace all broken windows on the building K. Shall remove alUany outside storage from. the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate 25 City Council Minutes Monday, April 14, 2008 Page 18 of 22 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 1308-1310 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1308-1310 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all. relevant parties and parties in interest. RESOLUTION 2008-~3 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 Matthew Bjorgum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4224 Jackson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 11, 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 February 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 March l I, 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 in the property records. 3. That on March 26, 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. install address numbers in the following location(s) -FRONT OF HOUSE 5. That all parties, including the owner of record and any occupants ar 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 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and. completed. ORDER OF COUNCIL 1. The property located at 4224 Jackson Street N.E constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all. relevant parties and parties in interest. RESOLUTION 2008-74 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Craig Young (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4618 Polk Street N.E., Columbia Heights, Minnesota. 26 City Council Minutes Monday, April 14, 2008 Page 19 of 22 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 March 26, 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 March 1, 2008 the Fire Department responded to a medical call at the address and found water flowing in a unit flowing uncontrollably. Water had filled the basement and done significant damaged to the building. The water could not be shut off on the scene. The building owner was called and stated that the property was in foreclosure and did not intend to repair the building. 2. That on March 3, 2008 the Fire Department and the Building Official returned to the address to shut off water to the entire building. The Building Official posted the building uninhabitable. This caused the other unit co have to be vacated. There were doors on the now vacant building that had been damaged and were unable to be secured. 3. That on March 3, 2008 the Fire Department ordered DuAl] Services to secure the entrances to the building by boarding the closed. 4. 'Tl-at on February 6, 2008 the Fire Department sent statement 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: Approve the immediate abatement of the public nuisance/hazardous building located at 4618 Polk Street N.E. 6. That all. parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 461.8 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COiJNCIL 1. The property located at 4618 Polk 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. A five minute recess was called. ADMINISTRATIVE REPORTS Report of the City Manager • We continue to meet with the gymnasium building committee. The initial bids are higher than anticipated. They request alternates to cut costs. Items to be considered to reduce casts are gym flooring, lighting, window wraparounds, outside appearance, etc. • Staff will meet this week with the construction manager of the public safety facility. • A group, including our interim Police Chief and our new Police Chief, met with the Public Safety Facility Committee on Tuesday evening to discuss the building. Plans, with several alternatives, were received last week. • Attended the League of MN Legislative Conference with the Mayor and Councilmember Nawrocki. We met with Senator Chaudhary and Representative Laine and found them to be very amenable to our concerns. Administrative tags were discussed. Nawrocki • Requested the bridge engineering report for 49"' and Central. Fehst stated there was not a written report received. 27 City Council Minutes Monday, April 14, 2008 Page 20 of 22 • Newsletter -requested the election filing dates be included and a draft has not been received. Patty Muscovitz, City Clerk, indicated that article has been submitted and will appear on the front page. The draft newsletter will be dish°ibuted when it is available. • Requested the top three salaries be included in the city newsletter, as not everyone is tied into the Internet. Questioned the cost effectiveness of engaging the services of Ruth Dunn for the newsletter. Has there been a staff reduction? • Replacement for Schumacher -Community Development revenues are down by one-third and building permits are down by one-half. Assume the work load has decreased. The one and one-half year project of an activity center has ended. Adjustments should be made in this department. Schumacher did a good job and is a talented person. Can we get by with the remaining staff and do we need the person that worked on the community center. The Planner puts out elaborate plans - is it all necessary? Streamline his recommendations and use that position for other work in that department. Report of the City Attorney -nothing to report. CITIZENS FORUM Dwayne Morrell indicated he has not been able to attend meetings for an extended time and requested information on the Burger King purchase. Fehst described the history of the purchase, the work with Frattalone for redevelopment of the property, and soil issues on the property. Morrell questioned if there was an agreement in writing from Adolph Peterson to back EDS. Fehst stated yes. The Council is missing the opportunity to utilize Mr. Nawrocki's knowledge. If you exclude him or give him nothing to do, the arguments persist. Jeff Diehm, 5125 St. Moritz, thanked the City Council and staff for their work in the development of this city. Fantastic things are happening. The K-mart site, referred to as a failed site, is indicative of the market changes. It is not a failed sited, as there is no longer an empty K-mart there. He stated he is glad to know the car wash will be demolished. He referred to the length of the meetings and suggested that members be concise in their comments. In regard to city policies, i.e. redevelopment, we hear that we need to cut costs, a common theme from Councilmember Nawrocki, and the talk about citizens that can not afford to have their taxes increased. He stated that he feels bad for them, but we can not determine policy based on the lowest common denominator. There are others that deserve the same consideration for redevelopment. We need to do good things for everyone. "Democracy has to be about more than four wolves and a rabbit deciding what to have far dinner, or four rabbits and one wolf." The lowest or the highest common denominator can not be the determining factor. Please get things done that should have been done years ago in our community. COUNCIL CORNER Peterson suggested dispensing with Council Corner, due to the lateness of the hour. Motion by Williams, second by Kelzenberg, to dispense with Council Corner. Upon vote: All ayes. Motion carried. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:04 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary Zs City Council. Minutes Monday, April. 14, 2008 Page 21 of 22 RESOLUTION NO.2008-45 BEING A RESOLUTION REGARDING PENALTIES FOR ADMINISTRATIVE OFFENSES WITHIN THE CITY OF COLUMBIA HEIGHTS A5 AUTHORIZED BY THE COLUMBIA HEIGHTS CITY CODE OF 2005 WHEREAS, the Columbia Heights City Code of 2005 establishes Chapter 3, Article 5, Subdivision 7 entitled "Administrative Offenses -Scheduled Penalties;" and, WHEREAS, Subdivision 7 provides that penalties be imposed for violations of scheduled. administrative offenses according to a schedule established and amended from time to time, by Resolution of the City Council; and, WHEREAS, it is the desire of the Columbia Heights City Council to bring the administrative offense schedule section numbering in conformance with the City Code of 2005. THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense penalty schedule is amended as follows: OFFENSE DESCRIPTION CHAPTER/ STATUTE 7.202(B) $25 7.202(0)(1) 7.202(D)(1)&(2) 7.202(E) 7.202(F) 7.202(F)(3)(C) 7.202(I) 7.203(A)(6) 7.205(A) 7.205(B) 7.205(D) 7.205(G) 7.205(x) 7.205(L) 7.205(M) PENALTY Overtime parking in public parking areas Illegally parking in loading zone Illegally parking in bus stop or taxi stand Illegally parked in metered parking areas Parked on boulevard Violation of boulevard parking permit Handicap parking Temporary or emergency no parking (parades) Six-hour minimum parking Parking in a traffic lane or in an alley Fire lanes or other parking violations on private property Junk vehicles Obstruct traffic in a private parking lot Overtime parking in a private parking lot No parking 2 a.m. to 6 a.m. No parking April. 1 to May 1 when there is 3 '/2 inches of snow or more on the streets No bicycle registration No bicycle lights and reflectors Miscellaneous bicycle violations Animal violations, Chapter 8, Article 1, Sections 1-8 Unauthorized signs in public right of way Bicycle impound Public Nuisance Parking in a park 11 p.m. to 6 a.m. Pets not on a leash. in city park Miscellaneous State parking violations False alarm response by police or fire Third in calendar year Fourth in calendar year Fifth and any subsequent in a calendar year Animal in motor vehicle Animal cruelty Exposure of unused refrigerator (door not removed) Land disposal of used oil Abandoned motor vehicle Expired. license plates Parked on landscaped area Parked more than 12" from curb Parked overweight (15,000) 7.205(N) 7.401(A) 7.402(B) 7.402(0}/l 69.222 8.204(R) 7.401(0) 10.108(G)(2) 1.0.201. (A) 10.201(L) 169.32-169.34 incl 10.313(A) 346.57(1) 343 609.675 115A.916 168.03 168.09 SA.207(C)(A) 169.35(1) 7.204(H) $25 $25 $25 $25 $25 $100 $25 $25 $25 $30 $30 $25 $27 $25 $25 $15 $15 $15 $25 $20 $20 $45 $25 $20 $25 $50 $75 $100 $25 $50 $25 $50 $35 $25 $25 $25 $100 29 City Council Minutes Monday, April 14, 2008 Page 22 of 22 Garbage and rubbish violations 8.301(G) $25 Noise and odor violations 8.204(D} $75 Outside storage of materials SA.207(G) $50 Too many animals (no kennel license) 5.607(A) $75 Parked wrong side of street 169.35 $25 Speeding 1-15 over 169.14 $35 Obstructing view of driver 169.37 $25 Exhaust not muffled 169.69 $50 Obey traffic control signs and signals 169.06 $30 Driving rules 1.69.18 $30 Turning and starting 169.19 $30 Failure to yield 169.20]. $30 Vehicle equipment and safety 169.4b-169.65 $35 Inclusive 30 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHT BOARD OF REVIEW -CONTINUATION APRIL 21, 2Q08 The following are the minutes for the CONTINUATION OF THE BOARD OF REVIEW for the City of Columbia Heights City Council held at 6:00 p.m. on Monday, Apri121, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. BOARD OF REVIEW ROLL CALL Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams STATEMENT OF PURPOSE OF THE BOARD OF REVIEW CONTINUATION To report on properties reviewed as requested at the Board of Review meeting of Apri17, 2008 INTRODUCTION ~ Jim Rouleau -Senior and Commercial Appraiser • Mike Brown, Residential Appraiser ANSWERS REGARDING PROPERTY VALUES IN QUESTION Mike Brown listed the property values that were reduced: Bradley Peterson, 214 44t" Avenue Dwayne Buddy, 4935 Johnson Street Phillip Clark, 1260 Lincoln Terrace Eileene Shabel, 4400 Monroe Debra Shabel, 4013 4t" Street Left message with John Brannen, 4249 Stinson Boulevard -has set an appointment for Friday There were no additional changes made. COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL INFORMATION WAS REQUESTED The Council may, at this time, take action regarding any of the properties that were reviewed. Motion by Kelzenberg, second by Diehm, to adopt the 2008 Assessment Ro11s as presented and amended. Upon vote: A11 ayes. Motion carried. Nawrocki indicated he had requested a comparison of a Fridley and Columbia Heights school district property. The Columbia Heights home was about $100 higher than the Fridley school district home. Adjourn Mayor Peterson adjourned the meeting at 6:10 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary 31 HOUSING & REDEVELOPMENT AUTHORI REGULAR MEETING MINUTES OF JANUARY 23, 2008 Cal! to Order -The meeting was called to order by Chair, Tammera Diehm at 7:45p.m. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., and Bruce Kelzenberg Fietlc~e of Allegiance CONSENT AGENDA Election of Officers The current officers are Diehm as Chair, Williams is Vice Chair and Jindra was S'ecretaryfi-reasurer. Motion by Kelzenberg, second by Nawrocki, to nominate Diehm for Chair, Williams for Vice Chair and Ecklund for Secretary/Treasurer. All ayes. Motion carried. Approve Minutes and Financial Reports Approve the Minutes of October 23, 2007, November 27, 2007 and January 14, 2008 Meetings and Financial Reports for the months of October, November and December, 2007 on Resolution 2008-01. Nawrocki stated he found two amendments: 1) meeting of November 27th, the agenda item for Resolution 2007-08, Parkview Villa North Notice to Vacate Policy, the motion says Szurek aye and it should say Diehm aye and; 2) in the minutes of the special meeting of January 14th, under the contract for new management, he did state he felt the local bank should be used and would like that inserted into the minutes. Motion by Williams, Second by Kelzenberg to approve the minutes as amended. All ayes. Motion Carried. Nawrocki asked a couple of questions on checks that were made out. Gravemann and Lindig explained each one for him. MOtian by Williams, second by Kelzenberg, to approve the financial reports as written. All ayes. Motion Carried. HRA RESOLUTION 2008-01 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING ~ REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER, NOVEMBER AND DECEMBER OF 2007 AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER OF 2007. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurers vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of October, November, December of 2007 and the list of bills for the months of October, November, December of 2007 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE lT RESOLVED by the Soard of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and 32 Housing & Redevelopment Authority Minutes January 23, 2008 Page 2 of 5 BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds, and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. Passed this 23rd day of January 2008. BUSINESS ITEMS Report of Management Company Nick Gravemann stated he was hoping to be able to report that we received the grant for the north boiler replacement fram MHFA, but he didn't hear from them yet. Nawrocki asked the status of the heat problem in unit 494 and in unit 802 the toilet problem. Gravemann stated the heat was fixed and the toilet was found through Home Depot and was replaced. Diehm asked about the waiting list. Gravemann stated they are very full, but eventually the south will need to be advertised in the local paper to help till it back up. Resident Council Minutes Eck/und stated he found an error in the January report. It states that Laura Sheak is the Secretary and it should read Manager. Checking $5,699.03, and Savings $2,272.26, donated caps, gloves, etc. to the schools. Diehm stated she liked the fact he was reporting the number of residents attending the meeting. Citizen Forum- None Diehm stated adl of the board members received an anonymous email today requesting some tapirs be brought up tonight at the meeting. They turned it over to our legal council. Because of the tone and some of the things that were said in that email they rennet comment on it tonight. Diehm introduced Scott Clark as the new Community Development Director. He replaced the position that Bob Streeter was in. Bob took a position with the City of Oakdale. Scott has a long history of working with Cities including Brooklyn Park, Arden Hills and Elk River. Approve CommonBond Management Contract Clark stated at your special meeting in November you selected CommonBond as the new management company for Parkview Villa. Staff has been working with their staff, Bob Alsop, our City attorney and the Finance department to prepare a Management Agreement. He wanted to make sure they all had the most current copy, which has the pink highlighting on the fast page. All of the changes made to the document are in bald. Clark painted out same of the key changes to the original draft from CommonBond. He 33 Housing & Redevelopment Authority Minutes January 23, 2008 Page 3 of 5 said one of the important ones was on page 3, fhe language regarding authorizations. `It is what they can do on their awn before They have to come to us as staff, on an administrative Level and/or ultimately before the HRA far approval. Diehm asked if the existing authorization for the management company is $2, 000. Clark stated this is exactly the same language as the current contract with Walker. Diehm stated she didn't believe staff approval right now is to $15, 000 and asked Walker staff what they have been doing. Gravemann stated the current arrangement is that anything from $0 to $2, 000 wauld be approved by Walker staff, from $2, 001 to $14, 999 has been approved by Bob Sfreetar, and anything $15,000 or over is approved by the board. Clark stated, actually it is Walt's signafure as Executive Director that is used for approval between $2000 and $15, 000 per the current agreement. Clark stated on page 7, it memorializes fhe owners, occupancy policies and emphasizes the local preference language. Diehm stated that it should be subject to change by the owner, as we don't want to be lacked into that by contract if we decide to change our occupancy policy. Clark asked if he could use the words "as amended from time fo time". Diehm stated that would be perfect. Clark stated on the fop of page 1 D, we put in a termination for convenience of either party. We aren't sure if the HRA wants this in here or not. if the HRA wanted a 60-day notice, fhe only thing that Common8ond would be asking far is that it wouldn't be acted upon for a period of one year, because there are costs they have incurred over the first 12 months. Ecklund Jr. asked if HUD doesn't give approval of the contract before February 1st does CommonBond still take over and has CommonBond hired staffing for the building yet. Clark stated CommonBond would take over. Alyssa Hervey, CommonBand Compliance Specialist stated they are still in the process of hiring, but the manager and maintenance persons would be there on the 1st and that temporary staffing would be used until the rest of the positions are filled. Nawrocki stated in the past he requested the board should be involved in the interviewing process, and didn't see that in the contract. Diehm asked if he was talking about the initial approval before someone is hired far the managers position. Nawrocki stated yes. Diehm asked for Hutsell's comments. Hutsell stated that would be fine if they want to add that to the agreement. Clark asked Nawrocki if he was acknowledging the new manager. Nawrocki stated yes. Nawrocki stated in Section 2.2 it stated the management fees would not increase far a period of five years, is that correct. Clark stated that is correct. 34 Housing & Redevelopment Authority Minutes January 23, 2008 Page 4 of 5 Nawrocki asked on page 6, under insurance, why do we have liability if they have done something in error. Diehm stated if they did something wrong, or illegal then it would be their responsibility and far local misconduct or grass negligence we would come in with our insurance. Hutsell asked who is the current insurance carrier for fhe City. Clark stated it is through the League of Minnesota Cities. Hutsell requested staff give him the contact person from fhe City so he could review the coverage. Clark stated he would look into that. Kelzenberg wandered about the 60-day cancellation policy. Diehm stated in the past we felt it was critical that provision be put in there. Nawrocki stated fhere was some language in there thaf talked about same clause, we should have the ability to terminate quickly. Clark stated that was in Section 10.1. Nawrocki stated the 60-days should be changed to 90 or 120 days. Clark stated Hutsell would be in favor of eliminating that from the contract. Diehm stated if either party felt if this isn't working we should tell them and if we couldn't come to an agreement we could terminate. Diehm requested it be changed to 14-days, which would give us enough time to call an emergency HRA meeting if needed. Clark stated he would make the change. Diehm asked if any residents have any questions on the agreement or the process. Resident, Don Camp, Unif #608, asked if a person gets hurt outside the building, do you have insurance to cover it. Diehm stated yes we do, and requested management take extra precautions to make sure we don't have many claims. Clark clarified the changes the board wanted made to the agreement. They were: 1) adding language acknowledging the hiring of the existing building manager and recognizing that any future building managers would have to be approved by the Board; 2) eliminate number 4.3, due to it being spelled out in 3.2; 3) in ?.4 we will review with the City attorney, in addition to the Chair, as part of the team; 4} under 7.8 the occupancy agreements as amended from time to time; 5} under 10.1 a 14-day provision as notification of termination is concerns; and 6) the elimination of 10.2. Diehm stated for the 10.1 change to 14 days, we should have Common8ond specify an address. Clark agreed to include that in the changes. Motion by Nawrocki and second by Williams, to accept the amended Management Agreement, contingent upon approval by the City Attorney and HUD, and that the HRA Chair would be involved in the final document review. All ayes. Motion Carried. Resolution 2008-02, Designating Depository Clark sfa#ed the document is quite explanatory. Diehm asked if CommonBond was in agreement with Phis resolution. Hutsell stated he was. Motion by Nawrocki, second by Ecklund Jr., to Adopt Resolution 2008-02, a Resolution Designating Depositary for the Columbia Heights Housing and Redevelopment Authority (HRA). All ayes. Motion Carried. 35 Housing & Redevelopment Authority Minutes January 23, 2008 Page 5 of 5 Adjournment Chair, Diehm adjourned the meeting at 8:4~ p.m. Respectfully submitted, Cheryl/Bakken Recording Secretary H:WRAMinutes 200811-23-2008 36 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVA ITEM: RESOLUTION 2008-80, 2008-2010 IUOE BY: LINDA L. MAGEE BY: ~ %~ LABOR AGREEMENT DATE: 4-17-08 DATE: NO: The current labor agreement between the city and the International Union of Operating Engineers, Local 49, representing public works employees, terminated on December 31, 2007. Negotiations between the City's negotiating team and IUOE resulted in the union filing for mediation. Mediation was held on January 25, 2008, and again on March 25, 2008, and resulted in a mutually acceptable labor agreement for calendar years 2008, 2009, and 2010. The proposed changes are as follows: Wages: 2008: 3o adjustment over 2007 wages 2009: 3 ~% adjustment over 2008 wages 2010: 3% adjustment over 2009 wages Insurance: 2008: $665 per month (2007=$645 per month) 2009: $705 per month 2010: $745 per month Effective January 1, 2008, Employer contribution to insurances can be used for family dental insurance as well (currently can only use toward single dental premium). Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $375 per full-time employee for 2008; $375 per full-time employee for 2009, and $425 per full-time employee for 2010 (2007=$350). Holidays New employees will be eligible for holiday pay. (Currently, a 3 month wait. Change is con- sistent with personnel policy.) Vacation Vacation leave shall be charged as used in amounts of not less than 15 minute increments. (Currently charged as used in not less than 1 hour increments, not to exceed 24 one-hour increments in 12 month period. All other vacation charged and used in not less than 8 hour increments.) Post Employment Health Care Savings Plan City will allow participation on a mandatory basis, in accordance with IRS regulations. COUNCIL ACTION: 37 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL . ~' / J j 2008-2010 IUOE ITEM: RESOLUTION 2008-80 BY: LINDA L. MAGEE ,, BY: l , LABOR AGREEMENT DATE: 4-17-08 DATE: ~~ NO Page 2 of 2 Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2008, 2009, and 2010. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-80, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2008- December 31, 2010. COUNCIL ACTION: 38 RESOLUTION zoos-sa REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0.49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE}, Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 far IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of April, 2008. Offered by: Seconded by: Roll Ca11: Ayes: Nayes: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 39 March 25, 2008 CITYOF COLUMBIA HEIGHTS PROPOSAL TO THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 1. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of six hundred sixty-five dollars ($665) per month per (permanent and probationary full-time) employee far group health and group dental, including dependent coverage, li ~ and long term disability insurance for calendar year 2008. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2008 prior to Council ratification of a 2008 employer contribution rate for insurance. 19.2 The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2009. 19.3 The EMPLOYER will contribute up to a maximum of seven hundred and forty-five dollars ($745) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2010. 19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER' S group policy. 2. ARTICLE XX HOLIDAYS 20.4 New employees will be eligible far holiday pay. 3. ARTICLE XXI VACATION 21.5 Vacation leave shall be charged as used in amounts of not less than fifteen (15) minute increments. 4. ARTICLE XXVI WAGES See Appendix A for 2008, 2009, and 2010 wage rates. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward aCity-sponsored deferred compensation program for every $1 contributed by such employee toward aCity-sponsored deferred compensation program. Such contribution will not exceed $375 for calendar year 2008, $375 for calendar year 2009, and $425 for calendar year 2010. 40 5. ARTICLE XXVIII DURATION This agreement shall be effective as of January 1, 2008, except as otherwise noted, and shall remain in full force and effect until December 31, 2010. 6. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN City will allow participation on a mandatory basis, in accordance with IRS regulations. 41 APPENDIX A 2008 Adjustments shall be effective January 1, 2008. No retroactive wage payments will be made to any employee terminating employment during calendar year 2008, prior to Council ratification of a 2008 wage schedule. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. 2008 IUOE PAY SCHEDULE POSITION STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII TITLE Entry 1 Year 2 Years 3Years 4 Years 5 Years 6 Years Maintenance Worker $17.67 $18.44 $19.21 $20.16 $21.08 $21.99 $22.91 Maintenance III $20.13 $21.09 $22.05 $23.01 $23.97 Foreman $21.09 $22.10 $23.10 $24.11 $25.11 Laborer & Part Time $7.75 - $9.25 2009 Adjustments shall be effective January 1, 2009. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. 2009 IUOE PAY SCHEDULE POSITION STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII TITLE Entry 1 Year 2 Years 3Years 4 Years 5 Years 6 Years Maintenance Worker $18.29 $19.08 $19.88 $20.86 $21.81 $22.76 $23.71 Maintenance III $20.84 $21.83 $22.83 $23.82 $24.81 Foreman $21.83 $22.87 $23.91 $24.95 $25.99 Laborer & Part Time $7.75 - $9.25 2010 Adjustments shall be effective January 1, 2010. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. 2010 IUOE PAY SCHEDULE POSITION STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII TITLE Ent 1 Year 2 Years 3Years 4 Years 5 Years 6 Years Maintenance Worker $18.84 $19.66 $20.48 $21.49 $22.47 $23.44 $24.42 Maintenance III $21.46 $22.48 $23.51 $24.53 $25.55 Foreman $22.49 $23.56 $24.63 $25.70 $26.77 Laborer & Part Time $7.75 - $9.25 3-25-008 42 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION 2008-81, 2008-2010 AFSCME BY: LINDA L. MAGEE BY LABOR AGREEMENT DATE: 4-18-08 DATE NO: The current labor agreement between the city and the American Federation of State, County, and Municipal Employees, representing clerical and technical employees, terminated on December 31, 2007. Negotiations between the City's negotiating team and AFSCME resulted in a mutually acceptable labor agreement for calendar years 2008, 2009, and 2010. The proposed changes are as follows: Wages: 2008: 3o adjustment over 2007 wages 2009: 3 ~o adjustment over 2008 wages 2010: 3% adjustment over 2009 wages Includes a revision in the salary range for the position of Secretary II-Permits/Licenses and Clerk-Typist II-Police. Insurance: 2008: $665 per month (2007=$645 per month) 2009: $705 per month 2010: $745 per month Effective January 1, 2008, Employer contribution to insurances can be used for family dental insurance as well (currently can only use toward single dental premium). Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $375 per full-time employee for 2008; $375 per full-time employee for 2009, and $425 per full-time employee for 2010 (2007=$350). For part-time employees working 1,560 hours or more per year, employer shall pay on a dollar for dollar matching basis up to $285 per employee for 2008, up to $285 per employee for 2009, and up to $320 per employee for 2010 (2007= $265). Holidays New employees will be eligible for holiday pay. (Currently eligible after three months. Change is consistent with Personnel Policy.) Vacation Change in accrual schedule for vacation, consistent with Personnel Policy. COUNCIL ACTION: 43 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVA ITEM: RESOLUTION 2008-81, 2008-2010 AFSCME BY: LINDA L. MAGEE BY: t 2` LABOR AGREEMENT DATE: 4-18-08 DATE: NO: Page 2 of 2 Sick leave Upon leaving employment in good standing, after proper notice, earned and unused sick leave will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations, according to the following schedule: During employment years 1-5: 20% During employment years 6-10: 33% During employment years 11-19: 40% During employment years 20+: 50% (Currently: 33 1/3% earned and unused sick leave is paid out.) Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2008, 2009, and 2010. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-81, regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2008- December 31, 2010. COUNCIL ACTION: 44 RESOLUTION 2008-81 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL N0.49S WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 5, Local No. 495, representing clerical and technical employees of the City, and members of the City' s negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, changes to the current contract are attached, and a copy of the 2008-2010 contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this _ day of April, 2008. Offered by: Seconded by: Roll Cali: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 45 March 28, 2008 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES COUNCIL NO. S, LOCAL NO. 495 ARTICLE 17 INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of six hundred and sixty-five dollars ($665) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2008. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2008 prior to Council ratification of a 2008 employer contribution rate for insurance. 17.2 The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705} per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2009. 17.3 The EMPLOYER will contribute up to a maximum of seven hundred and forty-five dollars ($745} per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2010. 17.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER' S group policy. 2. ARTICLE 18 HOLIDAYS 18.4 New employees will be eligible for holiday pay. 3. ARTICLE 19 VACATION 19.1 Each permanent and probationary employee shall earn and accrue vacation time on the following basis: During Employment Year Vacation Accrued Per Month 1 ............................... ............. .833 day 2 ............................... ............. .833 day 3 ............................... ............. .833 day 4 ............................... ............. .833 day 5 ............................... ............. .833 day 6 ............................... ............. .917 day 7 ............................................ 1.000 day 46 8 .............................................. 1.083 day 9 .............................................. 1.167 day 10 ............................................ 1.250 day 11 ............................................ 1.333 day 12 ............................................ 1.417 day 13 ............................................ 1.500 day 14 ............................................. 1.583 day 15 ............................................. 1.667 da;T 16 ............................................. 1.750 day 17 ............................................. 1.833 day 18 ............................................. 1.916 day 19 ............................................. 2.000 day 20 ~ + ..........-• .........::.:..::.:.:..::.•• 2.083 day Effective upon council ratification of a 2008-20101abor agreement, each permanent and probationary employee shall earn and accrue vacation time on the following basis: During Employment Year Vacation Accrued Per Month 1 thru 4 ....................................... .833 day 5 thru 9 ........................................ 1.250 day 10 thru 19 ..................................... 1.667 day 20 + ............................................ 2.083 day 4 Those employees who are in employment year 16, 17, 18, or 19, will be frozen at the vacation accrual rate they were at at the time of council ratification of a 2008-20101abor agreement, until they reach employment year 20. ARTICLE 20 SICK LEAVE 20.4 After satisfactory completion of his/her initial probationary period, any permanent employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for one-third (1/3) of earned and unused sick leave. Effective upon council ratification of a 2008-2010 labor agreement, after satisfactory completion of his/her initial probationary period, any permanent employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on the following schedule: During employment years 1-5: 20% During employment years 6-10: 33% During employment years 11-19: 40% During employment years 20+: 50% All of such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. 47 ARTICLE 25 WAGES See Appendix A, B, and C. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward aCity-sponsored deferred compensation program for every $1 contributed toward such City-sponsored deferred compensation program. Such contribution will not exceed $375 for calendar year 2008, $375 for calendar year 2009, and $-~i~25 yr Cai%ndar y ear 2v 1 v. As a form of additional compensation, the City will contribute $1 per permanent and probationary part-time employee, who is regularly scheduled to work 1,560 hours or more per year, for every $1 contributed by such employee, toward aCity-sponsored deferred compensation program. Such contribution wi1_I not exceed $285 for calendar year 2008; $285 for calendar year 2009, and $320 for calendar year 2010. 6. ARTICLE 27 DURATION This AGREEMENT shall be effective as of January 1, 2008, unless otherwise noted, and shall remain in force and effect until December 31, 2010. 48 APPENDIX A - 2008 WAGE SCHEDU<_E Adjustments shall be effective January 1, 2008. Movement through the wage schedule is co ntingent upon satisfactory performance as adjudged by the EMPLOYER. No retroactive wage payments will be made to any employee terminating employment during calendar yea r 2008 prior to Council ratification of a 2008 wage schedule. Title Entry 6 months 1 near 2 years 3 years 4 years Engineering Tech IV $23.23 $24.39 $25.56 $26.72 $27.88 $29.04 Engineering Tech III $20.25 $21.26 $22.27 $23.29 $24.30 $25.31 Assistant Building Inspector $16.78 $17.62 $18.46 $19.30 $20.14 $20.98 Engineering Tech II $16.74 $17.58 $18.42 $19.26 $20.09 $20.93 Secretary II-Police $16.55 $17.38 $18.21 $19.03 $19.86 $20.69 Secretary II-Permits/Licenses Secretary II-A, Public Works Accounts Payable Clerk Head Custodian $16.09 $16.89 $17.70 $18.50 $19.31 $20.11 Accounting Clerk II-Assessing $15.57 $16.35 $17.12 $17.90 $18.68 $19.46 Secretary II-A, Police Secretary II- Finance Secretary II-Community Development Accounting Clerk II-Liquor Accounting Clerk II-Utilities Accounting Clerk II-Finance Clerk-Typist II-Recreation $15.37 $16.14 $16.90 $17.67 $18.44 $19.21 Secretary II-Fire Clerk-Typist il-Library (Adult} Clerk-Typist II-Police Accounting Clerk I-Utilities $14.90 $15.65 $16.39 $17.14 $17.88 $18.63 Community Service Officer Recreation Program Coordinator Accounting Clerk I-Liquor Switchboard Operator/Recept. $14.70 $15.44 $16.17 $16.91 $17.64 $18.38 Clerk-Typist II-Library (Children's) Clerk-Typist II-Administration Clerk-Typist II-Fire Library Clerk $14.22 $14.94 $15.65 $16.36 $17.07 $17.78 Recreation Clerk Meter Reader $11.01 $11.56 $12.11 $12.66 $13.21 $13.76 Custodian II Retail Clerk- Stock $10.84 $11.38 $11.92 $12.47 $13.01 $13.55 Retail Clerk-Cashier Custodian I 3/28/2008 49 APPENDIX B - 2009 WAGE SCHEDULE Adjustments shall be effective January 1, 2009. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Title Entry 6 months 1 year 2 years 3 years 4 years Engineering Tech IV $24.05 $25.25 $26.45 $27.66 $28.86 $30.06 Engineering Tech 111 $20.96 $22.01 $23.06 $24.10 $25.15 $26.20 Assistant Building Inspector $17.37 $18.24 $19.10 $19.97 $20.84 $21.71 Engineering Tech II $17.33 $18.19 $19.06 $19.93 $20.79 $21.66 Secretary II-Police $17.13 $17.98 $18.84 $19.70 $20.55 $21.41 Secretary II-Permits/Licenses Secretary II-A, Public Works Accounts Payable Clerk Head Custodian $16.65 $17.48 $18.31 $19.15 $19.98 $20.81 Accounting Clerk II-Assessing $16.11 $16.92 $17.72 $18.53 $19.33 $20.14 Secretary II-A, Police Secretary II- Finance Secretary II-Community Development Accounting Clerk II-Liquor Accounting Clerk II-Utilities Accounting Clerk II-Finance Clerk-Typist II-Recreation $15.90 $16.70 $17.49 $18.29 $19.08 $19.88 Secretary II-Fire Clerk-Typist II-Library (Adult) Clerk-Typist II-Police Accounting Clerk I-Utilities $15.42 $16.20 $16.97 $17.74 $18.51 $19.28 Community Service Officer Recreation Program Coordinator Accounting Clerk I-Liquor Switchboard Operator/Recept. $15.22 $15.98 $16.74 $17.50 $18.26 $19.02 Clerk-Typist II-Library (Children's} Clerk-Typist II-Administration Clerk-Typist II-Fire Library Clerk Recreation Clerk Meter Reader Custodian II Retail Clerk- Stock Retail Clerk-Cashier Custodian I 3/28/2008 $14.72 $15.46 $16.19 $16.93 $17.66 $18.40 $11.39 $11.96 $12.53 $13.10 $13.67 $14.24 $11.22 $11.78 $12.34 $12.90 $13.46 $14.02 50 APPENDIX C - 2010 WAGE SCHEDULE Adjustments shall be effective January 1, 2010. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Title Entrv 6 months 1 year 2 nears 3 years 4 years Engineering Tech IV $24.77 $26.01 $27.24 $28.48 $29.72 $30.96 Engineering Tech III $21.59 $22.67 $23.75 $24.83 $25.91 $26.99 Assistant Building Inspector $17.89 $18.78 $19.68 $20.57 $21.47 $22.36 Engineering Tech II $17.85 $18.74 $19.63 $20.53 $21.42 $22.31 Secretary II-Police $17.64 $18.52 $19.40 $20.29 $21.17 $22.05 Secretary II-Permits/Licenses Secretary II-A, Public Works Accounts Payable Clerk Head Custodian $17.14 $18.00 $18.86 $19.72 $20.57 $21.43 Accounting Clerk II-Assessing $16.59 $17.42 $18.25 $19.08 $19.91 $20.74 Secretary II-A, Police Secretary II- Finance Secretary II-Community Development Accounting Clerk II-Liquor Accounting Clerk II-Utilities Accounting Clerk II-Finance Clerk-Typist II-Recreation $16.38 $17.20 $18.02 $18.84 $19.66 $20.48 Secretary II-Fire Clerk-Typist II-Library (Adult) Clerk-Typist II-Police Accounting Clerk I-Utilities $15.89 $16.68 $17.48 $18.27 $19.07 $19.86 Community Service Officer Recreation Program Coordinator Accounting Clerk I-Liquor Svritchboard Operator/Recept. $15.67 $16.46 $17.24 $18.02 $18.81 $19.59 Clerk-Typist II-Library (Children's) Clerk-Typist II-Administration Clerk-Typist II-Fire Library Clerk $15.16 $15.92 $16.68 $17.43 $18.19 $18.95 Recreation Clerk Meter Reader $11.74 $12.32 $12.91 $13.50 $14.08 $14.67 Custodian II Retail Clerk- Stock $11.55 $12.13 $12.71 $13.28 $13.86 $14.44 Retail Clerk-Cashier Custodian I 3/28/2008 51 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL ITEM: RE50LUTION 2008-82, 2008-2010 LELS BY: LINDA L. MAGEE BY: LABOR AGREEMENT-SERGEANTS DATE: 4-22-08 DATE: NO: The current labor agreement between the City and the Teamsters, Local 320, representing Police Sergeants, terminated on December 31, 2007. The Sergeants, previously represented by the Teamsters, are now represented by Law Enforcement Labor Services, Local 342 (LELS). Negotiations between the City's negotiating team and LELS resulted in a mutually acceptable labor agreement for calendar years 2008, 2009, and 2010. The proposed changes are as follows: WacLes__ 2008: 3o adjustment over 2007 wages 2009: 3 1/2% adjustment over 2008 wages 2010: 3o adjustment over 2009 wages Reduced schedule from 4 steps (3 years to top) to 2 steps (one year to top). Insurance: 2008: $665 per month (2007 = $645 per month) 2009: $705 per month 2010: $745 per month Effective January 1, 2008, Employer contribution to insurances can be used for family dental insurance as well (currently can only use toward single dental premium). Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis, $400 per full-time employee for 2008; $400 per full-time employee for 2009; and $425 per full-time employee for 2010 (2007=$400) . Overtime Effective with the 2009 schedule change, Sergeants will be included on the department overtime roster. Miscellaneous Changed references in contract from Teamsters to Law Enforcement Labor Services, Inc. Differentiated between what constitutes department seniority and job classification seniority, and added both to definitions article. Included language on how training and department meetings are paid to reflect current practice. COUNCIL ACTION: 52 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPRO VAL / ~ ITEM: RESOLUTION 2008-82, 2008-2010 LELS BY: LINDA L. MAGEE BY: ~~ LABOR AGREEMENT-SERGEANTS DATE: 4-22-08 DATE: NO: Page 2 of 2 pages Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2008, 2009, and 2010. Also attached is a copy of the new cozitract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION; Move to adopt Resolution 2008-82, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2008 - December 31, 2010. COUNCIL ACTION: 53 RESOLUTION 2aas-s2 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Law Enforcement Labor Services, Loca1342, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for LELS, Local 342-Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of April, 2008. Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Patricia Muscovitz, CMC C ity Clerk 54 April 8, 2008 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE LAW ENFORCEMENT LABOR SERVICES, LOCAL 342 (POLICE SERGEANTS) 1. ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF COLUMBIA HEIGHTS, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc. Union (Local 342), hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and, 1.1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 2. ARTICLE III DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.3 No change. 3.4 No change. 3.5 No change. 3.6 No change. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.8 No change. 3.9 No change. 3.10 No change. 3.11 No change. 3.12 DEPARTMENT SENIORITY: Length of employment as a licensed member of the Columbia Heights Police Department. 3.13 JOB CLASSIFICATION SENIORITY: Length of employment as a Police Sergeant with the Columbia Heights Police Department. 3. ARTICLE IX SENIORITY 9.1 Seniority shall be determined on the basis of length of employment as a licensed member of the department (department seniority) and by length of employment as a Police Sergeant (job classification seniority). 55 Apri18, 2008 9.2 No change. 9.3 No change. 9.4 Job classification seniority will be given preference with regard to changes in jab classification through assignment or promotion when the job-relevant qualifications of employees are equal. 9.5 One continuous vacation period shall be selected on the basis of department seniority between November 1 to November 30 of each calendar year for vacations to be taken in the following calendar year. A second continuous vacation period shall be selected on the basis of department seniority between December 1 and December 31 of each calendar year for vacations to be taken during that calendar year. A continuous vacation period is defined as three or six consecutive work days. 4. ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of six hundred and sixty-five dollars ($665) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life, and long-term disability insurance for calendar year 2008. 11.2 The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life, and long-term disability insurance for calendar year 2009. 11.3 The EMPLOYER will contribute up to a maximum of seven hundred and forty-five dollars ($745) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life, and long-term disability insurance for calendar year 2010. 11.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.5 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 5. ARTICLE XIX WAGE RATES 19.1 Effective January 1, 2008: Entry: $5,941 per month After 1 year: $6,125 per month 56 Apri18, 2008 19.2 Effective January 1, 2009: Entry: $6,149 per month After 1 year: $6,339 per month 19.3 Effective January 1, 2010: Entry: $6,333 per month After 1 year: $6,529 per month 19.4 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward achy-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $400 for calendar year 2008, $400 for calendar year 2009, and $425 far calendar year 2010. 6. ARTICLE XX SHIFT HOLD OVERS (Remove article in its entirety and replace with Call Back Time) ARTICLE XX CALL BACK TIME An employee who is called back to duty during his/her scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 7. ARTICLE ~:XI OVERTIME 21.1 Employees will be compensated at one and one-half (1 ''/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do root qualify an employee for overtime under this article. Effective with the 2009 schedule change, employees will be included on the department overtime roster. 21.2 Overtime will be distributed as equally as practicable. 21.3 Overtime offered to employees will for record purposes under Article 21.2 be considered as unpaid overtime worked. For purposes of this article, the inability of the Employer to make contact with the employee and/or the non-response of the employee will be considered overtime offered. 21.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 21.5 Overtime will be calculated to the nearest fifteen (15) minutes. 21.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 57 April 8, 2008 21.7 Training shall be paid at straight time. Department meetings shall be paid as follows: Designated training portion: Straight time Designed Department Meeting portion: One and one-half times the employee's regular base rate Department meetings do not qualify for the two hour minimum under Article XX. 21.8 An employee may choose to receive compensatory time in iieu of monetary payment for overtiiiie hours worked. Compensatory time may be accumulated to a maximum of 30 hours. 8. ARTICLE XXII COURT TIME 9. 10. 11. (Change in numbering.) ARTICLE XXIII (Change in numbering.) ARTICLE XXIV (Change in numbering.) P.O.S.T. LICENSE WAIVER ARTICLE XXV DURATION This AGREEMENT shall be effective as of January 1, 2008, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2010. 58 CITY COUNCIL LETTER Meeting of Apri128, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV ITEM: Transfer of Funds from General Fund to Police BY: William J. Roddy BY: Dept 2008 Budget Overtime Line # 1020 DATE April 15, 2008 DATE: ` " BACKGROUND During the past y ear, the Police Department has had a member of our department in the Anoka/Hennepin Drug Task Force (DTF). The DTF is partially funded by a Federal Grant administered by the State of Minnesota. Part of this grant is for partial reimbursement of overtime incurred by the DTF officers. For the first quarter of 2008, we have received a check from Anoka County in the amount of $1,200 as partial reimbursement for the overtime of our DTF Officer. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2008 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department is requesting that the funds received from Anoka County, $1,200, be moved back into our 2008 Police Department Budget line #1020 Overtime, from the General Fund. RECOMMENDED MOTION: Move to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, far the first quarter of 2008 from the General Fund to the Police Department 2008 Budget line #1020 Overtime. :kao 08-70 COUNCIL ACTION: 59 CHECK NE3. ~ 077939 DATE 31-APFt-0 AMOUNT ~ * ~'~ *"~ 1.200.00 `PAY Oae ~'housand Two Kunalred DOl/aCS ,AtTtl ~t?d) ~L'lrfS ~'* * ~ * * ar ~' * * ~ ~' ~ * ~ ar ~ ~ ~ ~ sr TO TNH oBOER OF CITY t1F COLUMBIA HEIGHTS , #~OLICE DEPARTMENT ..:. ` 559 MILL STREET NE : ~ ` .. , _ ,~,~'`tiw"G ~ ~'7 ..COLUMBIA HGHTS, MN..55421 Uni#ed States • ~. .. WELLS FAR00 BAtdtC NpWhF£SOTA id.A. ANOKA, M1HA}ESOTA \ -- - ~• ~-O?'939:~' =~09 ~o©oo ~9i~ oo sooo9 ioo~~~ ANOKA COUNTY REMITTANCE ADVICE 31-MAR-20 31-MAR-O$ 1ST QTR NARC GRANT RElMB lJ.LU ~ X200.00 ~tECEE~E~ ~~~ DATE 11-APR-08 CHECK N0. 1077939 TOTAL. %' .r. ~:,~' ` ~~~wfi. 60 o7a1 sw ciTY coUNCIL LETTER Meetin of A ri128, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV ITEM: Transfer of Funds from General Fund to Police BY: William J. Roddy BY: ~ < . ~ ~ . NO. Dept Budget to Reimburse Overtime Fund DATE: 04/09/2008 DATE: BACKGROUND During January and February, the Police Department was involved inoff--duty employment details that are handled through the department. These details were security details at Unique Thrift Store and security details for Columbia Heights High School activities. Since this type of off-duty employment is handled through the department, officers have signed up and worked these details and we have received checks from the following entities: Unique Thrift Stores for $1,892.80 and School District #13 for $2,812.87. This money is considered revenue and it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1,892.80 received from Unique Thrift Stores and the $2,812.87 received from School District #13 be returned to the 2008 Police Department Budget Line #1020. RECOMMENDED MOTION: Move to transfer $1,892.80 received from Unique Thrift Stores and $2,812.87 received from School District # 13, a total of $4,705.67 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. :kao 08-66 COUNCIL ACTION: 61 City of Columbia Heights Police Department MEMO To: Acting Chief William J. Roddy From: Acting Captain Lenny Austin Subject: Overtime Transfer Date: 04/0912008 Attached is a list of the overtime re-imbursement received for 2008 from January 2"a, 2008 through April 9, 2008. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request transfer of these funds to our overtime account. Unique Thrift Invoice # Date Amount 2008-001 02/07/08 $982.80 2008-005 03/25108 $910.00 Columbia I~Ieights High_Schaol Activities Invoice# Date Amount 2008-002 02/11/08 $1146.60 2008-003 42/07/08 $ 259.35 2008-004 02107!08 $1406.92 T~stal Amount to be transferred to ~C3T Account: $4745»67 62 /1/la~l~ c~2 fo~~a~- Ir~VUICE Columbia FIeights Felice Department Date: February 7, 2008 Customer Name: Unique Thrift Invoice #: 2008-001 Address: 2201 37~' Ave NE Columbia Heights, MN 55421 Home Phone: Work. Phone: 763-788-5250 Request for: 1-Officer January, 2008 1215-1615 (4 hrs} 01/08/2008 1230-1630 {4 hrs} 01/12/2008 1504-1900 (4 hrs} 01/21/2008 0900-1500 (6 hrs} Police Officers for: Security Cpl. Bonesteel Off cer Nightingale Officer Aish Officer Nightingale BILLING' INFO.RMAT~1O1V Number of Officers; 4 Hours; 18 20D8 Wage is $54.64 per hour Total Due: $982.84 Make checks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Police Department, 559 Mili Street NE, Columbia Heights, MN 55421 F(1R DEPARTMENTAL USE ONLY Officers} on Duty: Off Duty: 63 APOGEE Retail, LLC BATE INVOICE NO COMMENT 02/07/08 20080©~. AMOUNT 982.80 -.. h:..., Y- ~ :,~. ti ~~ ,t,:,,. "~" ~~ .,. CHECK: 007092 42/18/08 City of Columbia Heights REFERENCE: DISCOUNT .00 CHK TOTAL: 407092 NET AN#OUNT 982.817 982.80 `. ~ .. ~ ~... . .. .. ~ ~ ~ . ~ 192 :~ `:~ 70 00 . . : . .. .;.: . .. .. , :.. - ... GEE Reta~ CLC :: ;_:. ," APO + . _ "> - -- 3080 Centernfla Road . ' .: , . .. ...:.. ; . ` Apia ' ` g ... ;:: , ,' •: `... . t.~ttie Canada, MN ,5511.7 '. : , . . aul, Mi nasota ~~ St. P 75-121-919 1651 y 773-8077 '- .. . . _ € GH . ~ '.-~ TY TWO DOLLARS *NINE HIUNDRED EI . ~ ~ ANTI 80 CENTS ;, ~ . -DATE ANtOUI~T ~' ~ * 02/18/08 ~~*~,~~*98.2.80 City of Columbia Heights .~ Ta THE Police Department m ORDER 559 Mill Street NE OFc Columbia Heights MN 55421 ~ v u•00?09 211° x.09 190 1 ~ 15:00056 i ~ 6601i` 64 I1~['VOICE Columbia ~-Ieights Police Depa Date: 1~~~f; 2008 ~~r~~` .,m o Invoice #: 2008-002 Customer dame: independent School T3istrict # a 3 Attn: Finance Dept. Address: 1444 49~ Ave NE Columbia Heights, MN 55421 Afternoon School Security Detail-January 2008 Request for: 1 Folice Officer Police Officers for: School Retail January, 2008 Week 1-Jan. 2-4 3 days x 1.5 hrs. @ OT Rate $245.70 Week 2-Jan. 7-11 5 days x I.5 hrs. @ OT Rate $409.50 Week 4- Jan. 22-24 3 days x 1.5 hrs. @ OT Rate $245.70 Week 5-Jan. 28-31 3 days x 1.5 hrs, rQ OT Rate $245.70 BILLING INF©B`_IIiATION Number of Officers: 14 Hours: 21 2048 F~age is $54.64 per hour Total Due: $114b.60 Make cheoks payable to the City of Calumbia Heights Please snail payment to: City of Columbia Heights Police Department, 559 M'sq Street 1VE, Calumbia Heights, MN 55422 FOR DEPARTMENTAL rISE QNLY Officers) on Duty: Off Duty: Amount Received: _ Date: 65 VENDOR NAME CHECK DATE N0. 13 VENDOR NUMBER 03/46J48 0$350 - 0 CITY OF COLUMBIA HEIGHTS ____ .;.:. : DESCFiSPTION ~. ' . ;DATE;...'::; • ~:: 1NVpiGE PlUf~BER. '; ':? :' ~~129/as ,aas-aoz z~ ~~ ~, .;. .._ q~, - S~i' 1 ti~ r"A# ~.i. ~ `v..•~/j 'yp br. ..... ~ ~'w M. ~! ai,3~2 ~3p~ AID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT , 559 MILL STREET NE COLUMBIA HEIGHTS, MK 55421 CHECK NO. 00134111 P.O: NUMBER .' ~fiMOUtdf .''~:;. '; 1,146.64 TQTAl AMOUNT PAIE3 1, 146.64 0 0• g _ _ __ _ ._ :; ~ ° t~1DEPEN©ENT'~SCHt30l. bSTRtC_ T ,N4: 13.. '; ~~l31'1~C. .:'~ ~ ~'~4Q-49TH AVEidUE `M1I.E. , ' :3t~i Thhd Sb'set Nor-hwest ':,, C,,OtUMB1A FiElGHTB; MINNESOTA 554.21 .East Grand Forks, AAN 56721 ,.;. PAY: ******1,146 Dollars 60 Cents -r`o'T>~~ ~RD~R of .n5 .'~~ .. CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE . ~~ COL=JMBIA HEIGHHTS: MT3 55421 75-1592 r,: 912: .,,i CHECK DATE CHECK ~©,'~.. ~``:: sx a3~a6,ae 134.11 ~`~~~ ~. f. VOID AFTER 180 DAYS CHECK AMOUNT ' ;,: ~~., . 4 $1,145.64 _. :~: i "°Q .: •~. ::: . .,:.~ g~L34i1~~~' te09i2i592?E.i52i~0000?623t-' 66 d G h~/~ ~y ~` INVUICE (~ Columbia Heights Folice Department ~ ~ ~ ~ ~`~~~~" Date: February 7, 2008 Invoice #: 204$-003 Customer Name: Columbia Heights High School Attn: Betty Thomas Address: 1400 49`~ Av NE Columbia Heights, MN 55421 Request for: I-Officer Police Officers for: Y-Teens Dance Y-Teens Dance 01120/2008 01120/2008 1945 hrs. - 0030 hrs (Officer Hanson} 4.75 Hours BILLING INFD.R`MATION Numbex of Officers: 1 Hours: 4.75 2046 T~age is $54.60 per hour Total Due: X259.35 Make checks payahk to the City af` ColumBia Heights Please mail payment to: City of Caiumbia Heights Police Department, 559 Mslt Street NE, Columbia Heights, MTt S542t FOR DEPARTMENTAL USE ONLY Officex(s} on Duty; Off Duty: Amount Received: Date: 67 08350 - a CITY OF COLUMBIA HEIGHTS a3/13/a8 aa134253 P 0. NUMBER ~ AMOUNT,,.. • .• .DATE ~1NY04CE NUMBER : ~''; •' ` , : ,...• , °..., . •.: DESCR6PTION ::. ___ ' . a3/1aja8 2aaa-a03 259... Mr. r i.r .~• y. G •- r L C ry !.~ w i^ Y' • ~.{• J d .1j' s' }+'i. C.~,'. .5- iy. J ~ ~. • PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 INDERENDENT SCH~OQL DISTRICT Nt7.13 j~~{11~C. ~i400-49TH AVENUE N.E. 303 Third Street Northwest • C,OLUMBtA HEiC,FiTSy INII~INESOTA 55421. f=ast Grand Forks, PRN 56721 '.~: .. PAY: *******259 'Dollars 35 Cents '~t3 THE 43RDER ¢F: "~ f CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 1 • TOTAL AMOUNT PAID 259.35 GHECK DATE CHECK ~cO. 03/13/08 ~J`tG,~.~ VOID AFTER 180 DAYS CFiEGK AMQUNT . .. $253.35 .•'. t ~• .~S : :.5: :~•. .,5,5.5.4 4~R ,r ~=I~L34253ti° E:O9i2i592?e.iS2i0000?E23e1' 68 ~~^~ INVOICE ~~~~~ C©lumbia Heights Police Department ~ r t i~,/ ~~~ ~--~ Date: February 7, 2008 Invoice #; 2008-004 Custo~~~er Narze: Oolurribia Heights High ~cl~ool Attn: Betty Thames Address: 1400 49th Av NE Request for: 1-Officer Police Officers for; Basketball Games Basketball G ames {January, 2008} 01/04/2008 1800-2145 {3.75 hrs} Off cer Hanson 01/0812008 1800-2100 {3 hrs} Cpl. Okerstrom 01/11/2008 1800-2145 (3.75 hrs) Officer Nightingale 41/15/2408 1730-2030 (3 hrs} Officer Bugos 01/17/2008 1800-1930 (1.5 hrs} CS4 Wellman (CSU hourly rate) 1930-2100 (1.5 hrs) CpI. Bonesteel 01 /22/2408 1800-2144 (3 hrs) Off cer Hanson 41/25f2448 1800-2130 (3.5 hrs) CpI. Bonesteel 01/29/2008 1800-2134 (3.5 hrs) Officer Forts BILLING INFORMATION Number of Off cers: 8 Number of CSO's 1 200$ t~fftcer Wage is $54.60 per hour 2008 CSO Wage is $27.95 per hour Hours: 25: $1365.00 Hours: I.5 $41.92 Total Due: X1.406.92 Make checks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Police Department, SS9 Mill Street NE, Columbia Heights, MN SS421 FOR DEPARTMENTAL t7,S`E ONLY Officer{s} on Duty; Off Duty: 69 ;P ' "' 13 VENDOR NUMBER VENDOR NAME 08350 - 0 CITY'.OF COLUMBIA HEIGHTS ::DATE ...\' ~~ 1NVQ3_CI NUMBER. ....DESCRIPTION , 02/08/08 (2008-004 e !: PAiD Td: CITE' a~ COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MZLL STREET NE COLUMBIA HEIGHT5, MN 55421 1 CNEGK DATE 02/14/08 ~~ P.Q. NUMBER. CNEGK NO. 00133$55 AttN047NT ,. 1,406.92 TCTAL ANiUUNT ~AI~ 1, 4 0 6.92 a O C ~ D ~ r: 6 6 8 - a .. ' ~ ~ '. .: ' '~ ._ t 7tJ 1592 ..: ~ ; ,, .. . NDENT SGHOOL DlSTR1CT N0 ~ 3 ~bani~c. EP t . 912 ~ ~ c~ECK loo -r S i E IND ~ ` - '' 1400-49TH AUEtVl~~ 1~ E: ~ '~` 1 c"hr ', 303 ThErd Street Northwest.. -. ~- ~ ~~~ ~A ~ '~ a p Q c ~ ~ ,,. ., _ CODUMBIA HEIGHTS, MtNtiESOTA 55421 ~' .East Grand Forks, MN 58721 OS ~ `02/14./ ~ ~ E7.5 ~ ~ s. ' _ „ ~/OID AFTER 180 DAYS ' > PAY: ******1;406 .'collars 92 ;Cents CFI MOUNT ECK A . ~ f £ fi ~, '..~ --_ , . .. .. ... .. ~ ~ i TQ THIr ORDER OF 1,406.92 r: r ,b f . CITY OF COLUMBIA HEIGHTS ATT2~7: POLICE DEPARTMENT , 559 MILL STREET NE ~ ~ ~ ~ ~ ' COLUMBIA HEIGHTS, MN 55421 :~ "~~ ,~ ~ ~ ~. n'i338551~° `:~9~,~~592`ie:L52LCIClCl07E's2311• 70 ~ ~ ~-~;. Columbia Heights Police Llepartment ~I ~~~. ~~ Date: March 25, 2008 Customer Name: Unique Thrift Address: 2201 37~' Av NE Columbia Heights, MN 55421 Invoice #: 2008-005 Home Phone: Work Phone: Request for: 1-Officer 763-788-5250 Police Officers for: Security February, 2008 02!0212008 1105-1505 {4 hrs) Officer Nightingale 02!0512008 1430-1630 (2 hxs) Officer Nightingale 02/09/2008 1235-1535 {4 hrs) Officer Nightingale 02!18/2008 0930-1430 {5 hrs) Officer Nightingale {premium pay) .BILLING IlY.FD.~'MATION Number of Off cers; 4 Hours: l0 hrs ~,}a reg. 2008 wage 5 hrs@ Premium pay wage ZDO8 Wage is $54.60 per hour 2008 Premium wage is $72.80 per hr Total Due: $910.U0 Make checks payable to the City a€ Coiurnbia Heights Please mail payment to: City a€Columbia Heights Police Depar€ment, 5S9 Mill Street NE, Cotumbia Heights, MN 55421 .FOR DEPARTMENTAL ~TSE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: 71 APOGEE Retail, LI.C DATE INVOICE NO COMMENT 03/25/08 2008005 oos~o5 AMOUNT DISCOUNT NET AMOUNT 910.00 .00 91.0.00 CHECK: 008105 04/05/08 City of Columbia Heights CHI{ TOTAL: REFERENCE: APOGEE Retail, I.I.C 3080: Centerviile Road i_ittie Canada, MN 55117 {851! 773-8077 910.00 oas7o5 ~. Affiance Bank - St. Paul, Minnesota 75-121-919 .~ C O N *NINE HUNDRED TEN DOLLARS AND NO CENTS o DATE ~ .AMOUNT 04/05/08 *******91.0..00* r ~ City of Columbia Heights TO THE Police Department ORDER 559 Mill Street NE OF: Columbia Heights MN 55421 e u L v 72 CITY COUNCIL LETTER Meeting of Apri128, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVA ITEM: Authorize extension of contract with Auction BY: William J. Roddy BY: ' ,~ ~:,~, Ivlasters to auction excess Ciiy property, DATE: April 24, 2008 DATE: unclaimed/forfeited police evidence and found property NO. BACKGROUND Since May 2004, the City of Columbia Heights has used Auction Masters of Maple Grove to liquidate excess City property, unclaimed/forfeited police evidence and found property. Utilizing this service has reduced City staff time in preparing and conducting auctions of this properly. We generally conduct at least two auctions per year. Auction Masters owner Greg Christian has again agreed to offer a contract through April of 2009 at 25% commission for all property and 10% on all vehicles sold. ANALYSIS/CONCLUSION In an effort to economize on staff time and expense invested, the Police Department is recommending that we enter into a contract with Auction Masters of Maple Grove, Minnesota for the period of May 2008 to April 2009. Commission to Auction Masters on property sales will be 25% and 10% on vehicle sales. RECOMMENDED MOTION: Move to authorize the City Manager and the Police Chief to enter into a contract (May 2008 to Apri12009) with Auction Masters of Maple Grove for auctioning excess city property, unclaimed/forfeited police evidence, and found property with the commission to be set at 25% of the item proceeds and 10% of the vehicle proceeds for the duration of the contract. WJR:kao 08-78 COUNCIL ACTION: 73 CITY COUNCIL LETTER Meeting of: 4/28/08 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: RESOLUTION NO 2008-87 APPROVING PLANS BY: K. Hansen AND SPECIFICATIONS AND ORDERING DATE: 4/23/08 ADVERTISEMENT FOR BIDS FOR THE 2008 STREET RECONSTRUCTION PROJECT ,,~~ ~~ BY: ~~9`'~' ' DATE: `~ Background: A Public Improvement Hearing far the 2008 Street Reconstruction of University Avenue Service Drive was held. on April 7, 2008. The City Council ordered improvements for Full Street Reconstruction on University Avenue Service Drive from 40`" Avenue to 45`f' Avenue. Analysis/Conclusions: The proposed street, landscaping, water main improvements, sanitary and storm sewer construction remain unchanged from the work presented at the Public Improvement Hearing. Water main gate valves and hydrants will be replaced and mid-block gate valves and hydrants will be added. Work on the sanitary sewer main includes minor pipe and manhole repairs. Storm sewer work includes the replacement of several. catch basins and new storm sewer on the west side of University Avenue Service Drive. The proposed funding for this work is as follows: Cooperative Agreement: $ 550,000. Assessments: $ 79,400. Infrastructure Fund $ 85,300. Off System State-Aid: $ 112,800. Sanitary Sewer Fund: $ 35,000 Water Construction Fund: $ 30,000 Storm Sewer Construction Fund: $ 87,900. Final plans and specifications for the Street Rehabilitation Improvements, including utilities, are complete, with only 6na1 Mn,~DOT approvals needed. The bid opening is scheduled for June 3, 2008 with City Council a,vard on June 9, 2008. Recommended Motion: Move to waive the reading of Resolution No. 2008-87, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-87 approving Plans and Specifications and ordering Advertisement for Bids for 2008 Street Reconstruction, University Avenue Service Drive, City Project Number 0602. Attachment: Resolution 2008-87 COUNCIL ACTION: 74 RESOLUTION 2008-87 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0602 WHEREAS, pursuant to a resolution passed by the Council on April 7, 2008, the City Engineer has prepared plans and specifications for the Street Reconstruction of University Avenue Service Drive, from 40th Avenue to 4511' Avenue; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. Such plans and specifications identified as 2008 Street Improvement Projects, University Avenue Service Drive, City Project Number 0602 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, June 3, 2008 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, June 9, 2008 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Adopted by the Council this 28th day of April, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 75 clTy couNCIL I..ETTER Meeting of: 4128/08 AGENDA SECTION: CONSENT AGENDA ITEM: RESOLUTION 2008-89 DECLARING THE INTENT TO BOND FOR UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION PROJECT, CITY PROJECT 0602 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~ ~ BY: Kevin Hansen BY: ~~° : ..,~ DATE : 4/23/08 DATE: Background: At the nnproven'ient heanng cn Apnl 7~', 2008, the CvUnc2i ordered the iiiproJemeiit ©f UmverSlty Service Dr3`/e frO.n -nrfl~ tt3 TGtft Avenues. Plans and. specifications have been completed by staff and have been submitted to Mn/DOT far review and approval. prior to bidding. To provide adequate project funding, it is possible that bonding will be utilized. to cover projects over a 2 to 3- year cycle. Bonds have sold most recently in 1999, 2003 and 2006. Analysis/Conclusions: Currently, cash available to fund the construction from city inter-fund loans is limited.. For this reason, there is the potential. for bonding for the 2008 Street Improvement Program. Combining this with. the fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This was done for the Zone Street Rehabilitation construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. Recommended Motion: Move to waive the reading of Resolution No.2008-89, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-89, being a resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for University Avenue Street Reconstruction Project, City Project 0602. KH:cb Attachments: Resolution 2008-89 COUNCIL ACTION: 76 RESOLUTION N0.2008-89 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROltii THE PROCEEDS OF BONDS TO BE iSSLTED BY THE CI T Y WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent ~.:nless certain requirements are met; arid, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0602 consisting of 2008 Street Reconstruction and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Adopted by the Council this 28t1i day of April, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk ~~ CITY COUNCIL LETTER Meeting of: 4/28/2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~,.-~ ~ ITEM: RESOLUTION NO. 2008-90 RESTRICTING BY: Kevin Hansen BY: '~~~ ®~, ~'~~ PARKING ON UNIVERSITY AVENUE SERVICE DRIVE DATE: 12/5/06 DATE: Background: The City Council restricted parking on all of the University Avenue Service Drive in 1967 with a motion. Mn/DOT requires parking restrictions be designated with a resolution. Recommended Motion: Move to waive the reading of Resolution. No.2008-90, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution Na. 2008-90, being a resolution. restricting parking on University Avenue Service Drive, 40th Avenue to 53rd Avenue. KH:cb Attachments: Resolution 2008-90 COUNCIL ACTION: 78 RESOLUTION NO.2008-90 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS UNIVERSITY AVENUE SERVICE DRIVE FROM 40TH AVENUE TO 53RD' AVENUE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, THIS RESOLUTION was passed this 28t'' day of April, 2008, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNESSETH: WHEREAS, the "City" has ordered the improvement of University Avenue Service Drive from 40th Avenue to 45th Avenue in the City of Columbia Heights, Minnesota; and WHEREAS, the "City'' will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, future "City" plans may include the improvement of University Avenue from 45th to 53`d Avenues, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall 'ban the parking of motor vehicles on both sides of the University Avenue Service Drive at ail times. Adopted by the Council this 28th day of April, 2008. Offered by: Seconded by: Roll Call: ATTEST: City of Columbia Heights, Minnesota Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 79 CITY COUNCIL LETTER Meeting of: 4/28/2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ,~ Bv: ~~~~ ~ DATE: ITEM: RESOLUTION NO.2008-91 ACCEPTING A 2008 BY: Kevin Hansen CLEAN WATER LEGACY GRANT FROM BSWR 1N THE DATE: 4/24/08 AMOUNT OF $42,588 FOR SILVER LAKE BEACH Background: In the plan development process for Silver Lake Beach park redevelopment, storm water measures would need to be implemented meeting the Rice Creek Watershed District requirements for surface water treatment. Any land altering activity over I acre is required to meet District regulations -the most recent example being our new liquor store on Hart Boulevard and 37`h Avenue. Analysis and Conclusions: Working with the District, the plans provide a large infiltration basin and ponding area that meet the 2008 RCWD requirements and promoting infiltration. With Silver Lake adjacent to the planned work and also acting as the receiving water body, water quality improvements are eligible for State Grant funding as administered by BSWR. The Clean Water Legacy grant supports projects that demonstrate water quality improvements, and are competitively ranked. This site was scored high due to the fact that Silver Lake is classified as swimable. The architect designing the park improvements took the required design criteria and created an amenity of a storm water facility in a park setting. The park plans and hydrologic calculations were submitted to BWSR and we were awarded the full amount requested of $42,588. BSWR requires an agreement as a form of acceptance of the grant award. The agreement stipulates that the proposed work is consistent with both Rice Creek Watershed and local storm water plans, that funds will be expended by June 30, 2010, and that the funds will only be used far what the grant was approved for - as defined in the City work plan. Recommended Motion: Move to waive the reading of Resolution No.2008-91, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-91, being a resolution accepting a 2008 Clean Water Legacy Grant in the amount of $42,588 and authorizing the i~fayor and City Manager to enter into ar, agreement for the same. KH: cb Attachments: Resolution 2008-91 BSWR 2008 Clean Water Legacy Grant COUNCIL ACTION: 80 RESOLUTION N0.2008-91 THE CITY OF COLUMBIA HEIGHTS ACCEPTING A 2008 CLEAN WATER LEGACY GRANT FROM BSWR IN THE AMOUNT OF $42,588 FOR SILVER LAKE BEACH WHEREAS, this agreement is between the State of Minnesota, acting by and through its Board of Water and Soil Resources, hereinafter referred to as the "Board'', and the City if Columbia Heights described above, hereinafter referred to as the "Grantee". WHEREAS, Minnesota Statutes Section 103B.3361 to 103B.3369 (1998) establishes a Local Water Resources Protection and Management Program, hereinafter referred to as the "Program", and authorizes the Board to award grants to local governmental units meeting the necessary statutory and rule requirements for implementing a comprehensive local water plan; and WHEREAS, the Laws of Minnesota 2006, Chapter 251, authorizes the Clean Water Legacy Act; and, WHEREAS, the Minnesota Legislature, by S.F. 2096, Article 1, Sect. 5, appropriates funds to the Board for implementation of the Clean Water Legacy Act; and WHEREAS, the grantee has Board approved and locally adapted local water or watershed district plan, hereinafter referred to as the "Plan", and WHEREAS, the Board has selected and approved the application from the City of Columbia Heights for funding; and, VdHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COL LTMBIA HEIGHTS, MINNESOTA: That the 2008 Clean Water Legacy Grant for Silver Lake in the amount of $42,588 is approved. Adopted by the Council this 28`'' day of April, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 81 2008 State Of Minnesota Board Of Water And Soil Resources Clean Water Legacy Grant Agreement VENDOR #: 036772001-00 PO#:15282 P1 DATE PD.: Line FY Fund A enc Or Appr Unit Object Code Descri tion 01 08 100 R9P 2NPR CW1 5800 Cost Share $0.00 02 08 100 R9P 2NPT CW2 5600 Tech Assist $0.00 03 08 100 R9P 2LNP CW5 5600 Lakes & Rivers $42,588.00 0~ 08 100 R9P 2SST CW4 5800 SSTS !r-v $0.00 05 08 100 R9P 2SST CW7 5600 SSTS U grade $0.00 Above is BWSR Central Office Use Only Project Title: Silver Lake Stormwater Infiltration for water quality improvement - 8P82 Grant Amount: $42,588.00 Local Governmental Unit: CITY OF COLUMBIA HEIGHTS Fiscal Agent: CITY OF COLUMBIA HEIGHTS Address: 590 40TH Avenue NE Columbia Heights, MN 55421 Grant Period: February 1, 2008 to June 30, 2010 THIS AGREEMENT is between the State of Minnesota, acting by and through its Board of Water and Soil Resources, hereinafter referred to as the "Board", and the Local Governmental Unit described above, hereinafter referred to as the "Grantee". WHEREAS, Minnesota Statutes Section 1036.3361 to 1036.3369 (1998) establishes a Local iNater Resources Protection and Management Program, hereinafter referred to as the "Program", and authorizes the Board to award grants to local governmental units meeting the necessary statutory and rule requirements for implementing a comprehensive local water plan; and WHEREAS, the Laws of Minnesota 2006, Chapter 251, authorizes the Clean Water Legacy Act; and, WHEREAS, the Minnesota Legislature, by S.F. 2096, Article 1, Sect. 5, appropriates funds to the Board for implementation of the Clean Water Legacy Act; and, WHEREAS, the Grantee has Board approved and locally adopted local water or watershed district plan, hereinafter referred to as the "Plan"; and WHEREAS, the Board has selected and approved the application from the above-described local governmental unit for funding; and, WHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed between the parties as follows: Page 1 of 6 82 I. DUTIES AND CONDITIONS. A. General. The Grantee shall perform the duties described in the Workplan as approved by the Board. The Workplan is located in BLINK, and is incorporated into this Agreement by reference. B. Reporting. The Grantee shall submit progress reports to the Board every six (6) months beginning February 1, 2009. Information provided must conform to the requirements and be in a format compatible with the data systems set forth by the Board. A final report is due to the Board by August 1, 2010. C. All money must be spent by June 30, 2010. II. TERMS OF PAYMENT. Payment to the Grantee of the Grant Amount stated above shall be made in one installment after Board approval of the workpla~ ~, subject to the availabilityuf state funds. 111. CONDITIONS OF PAYMENT. All work performed by the Grantee pursuant to this Agreement shall be performed to the satisfaction of the Board, and in accordance with all applicable federal, state, and local laws, including Minnesota Statutes Section 1038.3361 through 103B.3369 (1998), and any amendment thereto. The Grantee shall use the funds granted herein only for the purposes described in its Workplan, and: A. Any state grant funds remaining unspent after the end of the Grant Period stated above shall be returned to the Board within one month of that date. B. Grant funds may not be used for costs incurred before or after the end of the Grant Agreement period. IV. TERM OF GRANT. This Agreement shall be effective when all necessary approvals and signatures have been obtained pursuant to MN Stat. 16B.06, subd. 2, and shall remain from February 1, 2008 until June 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION AND REVOCATION. A. The Board may cancel a Grant Agreement for just cause. Just cause means that the Grantee or delegated local unit of government is not disbursing grant funds in accordance with established Board or state procedures, or has otherwise breached a term of the Grant Agreement. The Grantee must be given written notice 14 calendar days prior to cancellation. The Grantee may cancel this Grant Agreement with or without cause. In the event of cancellation by the Board or Grantee, the Grantee is entitled to payment, determined on a pro rata basis, for work satisfactorily performed, and the remaining grant funds must be promptly returned to the Board. B. At the request of any state agency commissioner, the Board shall revoke that portion of the Grant used to support a program or project not in compliance with the rules of that agency. VI. ASSIGNMENT. The Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Board. The Grantee may contract with others, including appropriate local units of government under terms and conditions specified by the Grantee to complete the work specified in the Grant Agreement. VII. USE OF FUNDS. The Grantee shall use the proceeds of this agreement only for the eligible costs of the project as described in the approved Workplan. Page 2 of 6 83 VIII. AMENDMENTS. Any amendment to this grant must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant, or their successors in office. IX. WAIVER. If the State fails to enforce any provision of this grant, that failure does not waive the provision or its right to enforce it. X. GRANT COMPLETE. This grant contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant, whether written or oral, may be used to bind either party. XI. WORK PROGRAM AMENDMENTS. Amendments to the approved workplan must be in writing and formally approved by the Board before they are effective. These will include changes in planned actions and the budget for each planned action. XII. COST OVERRUNS. The Grantee agrees that cast overruns are the sole responsibility of the Grantee. XIII. LIABILITY. The Grantee agrees to indemnify and save and hold the Board, its agents, and employees harmless from any and all claims or causes of action, including attorney's fees, arising from the performance of this Agreement by the Grantee or Grantee's contractors, agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for the Board's failure to fulfill its obligations pursuant to this Agreement. XIV. AUDITS. Under MN Stat §16C.05, subd. 5, the Grantee's and delegated local unit of government books, records, documents, and accounting procedures and practices relevant to this grant are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant. XV.AFFIRMATIVE ACTION REQUIREMENTS FOR GRANTS IN EXCESS OF $100,000 AND THE GRANTEE HAS MORE THAN 4~0 FULL-TIME EMPLOYEES iN MINNESOTA OR ITS PRINCIPAL PLACE OF BUSINESS. A. Obligations. The Grantee certifies that it is in compliance with Minn. Stat. § 363.073 and Minn. R. 5000.3400 - 5000.3600 and is aware of the consequences for non-compliance. B. Disabled Workers. The Grantee must comply with the following affirmative action requirements for disabled workers: 1. The Grantee must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Grantee agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The Grantee will comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 3. In the event of the Grantee's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363.073, Page 3 of 6 84 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 4. The Grantee will post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Grantee's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 5. The Grantee must notify each labor union or representative of workers with which it has a collective bargaining agreement or other grant understanding, that the Grantee is bound by the terms of Minnesota Statutes Section 363.073, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. XVI. WORKERS COMPENSATION. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees or agents and any claims made by any third party as a cansequence of any act or omission on the part of these employees or agents are in no way the State's obligation or responsibility. XVII. PUBLICITY AND ENDORSEMENT A. Publicity. Any publicity regarding the subject matter of this grant must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subGrantees, with respect to the program, publications, or services provided resulting from this grant. B. Endorsement. The Grantee must not claim that the State endorses its products or services. XVII1. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law, without regard to its choice-of-law provisions, governs this grant. Venue for all legal proceedings out of this grant, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. TERMINATION A. Termination by the State. The State or commissioner of Administration may cancel this grant at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment determined on a pro rata basis, for services satisfactorily performed. B. Termination for Insufficient Funding. The State may immediately terminate this grant if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure its social security number, federal employer tax identification number, or Minnesota tax identification number, already provided to the State, to federal and state agencies and state personnel involved in the payment Page 4 of 6 85 of state obligations. These identification numbers may be used in the enforcement of federal and state laws that could result in action requiring the Grantee to file state tax returns, pay delinquent state tax liabilities, or pay other state liabilities. XXI. ANTITRUST. The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and of the State of Minnesota. XXII. CAPITAL EQUIPMENT. The title for equipment purchased with the funding provided in this contract shall be taken in the name of the State of Minnesota. The equipment will remain the property of the State for its useful life. After the contract period, it may remain in the custody of the Grantee so long as it is used for the purposes of promoting and supporting the acceleration of rile Grantee's compreh ensive local water plan goals. The State may take possession of the equipment at such time as it becomes necessary to use it for State purposes. XXII1. SUBCONTRACTORS. The Recipient agrees that if they subcontract any portion of this Project over $2,500 to another entity that the agreement or contract with the subcontractor will contain all provisions of the LCMR approved Agreement in its entirety. Copyrights, patents, services, and trademarks will be protected and owned by the same percentage as if the Recipient had obtained the intellectual rights. XXIV. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS. All rights, title, and interest to all intellectual property rights, including patents, copyrights, services and trade marks, in all materials conceived or originated by Recipient either individually or jointly with others, which arise out of the performance of this agreement, are jointly owned by the Recipient and the State. The State's ownership shall equal the percentage of the total Project cast paid for by state funds under this appropriation. Recipient's contribution must be for actual and direct costs for the Project. All Recipient's contributions must be approved in advance to be eligible to qualify as Recipient's contribution to the total Project costs for delivery ownership and regular percentages. This ownership interest shall not be reduced by any reimbursements to the Fund made by the Recipient Sales of Products or Royalty Payments requirements. Any report, study, computer software, data base, model, invention, photograph, negative, audio or video recording, or other item or document, in whatever form, created or prepared under this appropriation are the exclusive property of the Recipient of the appropriation and the State except where stated otherwise in this appropriation. The Recipient of the appropriation, at the request of the State, shall execute any necessary documents necessary to transfer ownership rights to the State. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, actually or constructively reduced to practice by the Recipient or its employees in the course of or in connection with this appropriation, the Recipient shall immediately give the LCMR written notice thereof, and shall promptly furnish the LCMR with complete information thereon. The LCMR and the Recipient, has the sole right to determine whether or not and where a patent application shall be filed. The Recipient and the State reserve the right to use for their own purposes any intellectual property right produced as the result of the Project without payment to the other party. The party using said product shall protect the intellectual property rights to the product and advise the other party of its use. The State reserves "march-in" rights which can be exercised if the Recipient fails to market or offer to market any product resulting from activities undertaken pursuant to this Agreement within three (3) years from the termination of this Agreement, notwithstanding the above provisions of this section. Recipient shall, upon request of the State, execute and provide the necessary documents for this purpose. XXV. OWNERSHIP OF RESEARCH RESULTS. If, within three (3) years of the termination of this agreement, the Recipient elects not to commercialize any product derived from the research conducted under this project, the research materials shall be returned to the State without cost and free and clear of any obligation to the Recipient. Recipient Page 5 of 6 86 represents and warrants that the material produced under this Agreement does not and will not infringe upon the intellectual property rights of another, including patents, copyrights, trade secrets, trade and services marks and names. Recipient will defend and indemnify the State at Recipient's expense any claims or actions brought against the State to the extent that it is based on a claim or action that all or another part of the material infringes upon the intellectual property rights of. Recipient is responsible for obtaining any necessary licenses to use the intellectual property rights of another. XXVI. SALE OR LICENSE OF PRODUCTS. The Recipient agrees to reimburse the Fund revenues it receives from licenses, transfers, or other income generated from products based upon materials derived from this Project up to the amount of State funds provided under this appropriation unless expressly approved under the Work Program. Such reimbursement will be made by the Recipient upon first sale of any product worldwide whether or not such products are patentable. The Recipient, for itself and its licensees, agrees to sell any product derived from this appropriation and not subject to ownership by the State to the State of Minnesota for the royalty- free wholesale price less a ten percent (10%) discount. This clause shall continue to be in effect after all State funds have been repaid to the State. The Recipient agrees that if revenue is generated far putting on workshops, conferences, etc under this Project that eligible project expenses will be offset with this revenue and reimbursement will not be requested for expenditures covered by this revenue. !N WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: LOCAL GOVERNMENTAL UNIT: BOARD OF WATER AND SOIL RESOURCES: By By Title: Title Date Date H:08CW LGA Page 6 of 6 87 CITY COUNCIL LETTER Meeting of: 4/28/2008 AGENDA SECTION: CONSENT (ORIGINATING DEPARTMENT' I CITY MANAGER PUBLIC WORKS ,/._...,.-.9, ITEM: ACCEPTING A 2008 URBAN STORM WATER BY: Kevin Hansen BY• GRANT FROM THE RICE CREEK WA'T`ERSHED DATE: 4/24/08 DATE: DISTRICT IN THE AMOUNT OF $35,490 FOR SILVER LAKE BEACH Background: In the plan development process for Silver Lake Beach park redevelopment, storm water measures would need to be implemented meeting the Rice Creek Watershed District (RCWD) requirements for surface water treatment. Any land. altering activity over 1 acre is required to meet District regulations -the most recent example being our new liquor store on Hart Boulevard and 37`'' Avenue. Analysis and Conclusions: Working with the District, the plans provide a Large infiltration basin and ponding area that meet the 2008 RCWD requirements and promoting infiltration. With Silver Lake adjacent to the planned work and also acting as the receiving water body, water quality improvements are eligible for local watershed funding as administered by the Rice Creek Watershed District. The RCWD supports projects that demonstrate water quality improvements, and are reviewed on a first come first serve basis on available funds. This site was scored high due to the fact that Silver Lake is classified as swimable and fits into the RCWD plans for improving the water quality in this lake. The architect designing the park improvements took the required design criteria and created an amenity of a storm water facility in a park setting. The park plans and hydrologic calculations were submitted to RCWD and we were awarded the full amount requested of $35,490. The RCWD does not require a formal agreement or city resolution for the acceptance of the grant award. The RCWD will provide funding following complete plan and specification and operation and maintenance plan approval. Recor;~meuded Motion: Move to accept a 2008 Urban Storm Water Cost Share Grant in the amount of $35,490 for Silver Lake Beach from. the Rice Creek Watershed District. KH:cb COUNCIL ACTION: 88 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of A ri128, 2008 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: EXECUTIVE NO: Community Development DIRECTOR APPROVAL ITEM: Approve Demolition of Chutney Building at BY: Kirsten Partenheimer BY: ~" p ~ 3700 Central Avenue DATE: April 23, 2008 ~ -~ - Site History The City Council designated the parcels near the intersection of 37`h and Central Avenues as a priority when it drafted redevelopment goals for the city. The intersection is a gateway to the City and Anoka County. The City acquired two single-family homes and the Beecroft commercial building and demolished them. The remaining building in the redevelopment area is the Chutney Restaurant at 3700 Central Avenue. An adjacent parcel at 3706 Central Avenue is an asphalt parking lot for the restaurant. The Economic Development Authority (EDA) and the City Council have approved the development agreement with 37th and Central LLC. Demolition of the Chutney Restaurant The City of Columbia Heights has $30,000 in Community Development Block Grant (CDBG) funds for demolition of the Chutney building and its parking lot. On April 23, 2008, City staff received three quotes for the demolition of the building and its parking lot. • Frattalone Companies - $24,600 • VEIT - $29,729 • Bel Air - $30,650 Frattalone Companies provided the lowest quote of $24,600. The contractor will remove the entire building, as well as all bituminous and concrete paving, and landscaping. The property will be graded and seeded. Recommendation: Staff recommends accepting the low quote for demolition of the Chutney building at 3700 Central Avenue and its parking lot. Recommended Motion: Move to approve the low quote for demolition of the Chutney building at 3700 Central Avenue and its parking lot from Frattalone Companies in the amount of $24,600. COUNCIL ACTION: C:\Documents and Settings\CCH-User.C1177.000\Local Settings\Temporary Internet Files\Content.IE5\IJMRY56V\Chutney_demolition_memo[2].doc $9 BUILDING DEMOLITION CHUTNEY RESTAURANT (3700 CENTRAL AVE) & PARKING LOT (3706 CENTRAL AVE} CITY OF COLUMBIA HEIGHTS, MINNESOTA. WORK AGREEMENT This Agreement is made this _th day of May 2008, by and between the City of Columbia Heights ("the City") and ("the Contractor) for Building Demolition as detailed in the bid request. WITNESSETH: WHEREAS, the City desires to have performed or constructed the services or facilities described in the Contract Documents (the scope of "work"); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and. legal right to perform the Work. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. WORK TO BE COMPLETED...The Work shall be performed in strict accordance with. the Contract Documents. The Contractor shall. carefully review all the Contract Documents before performing the Work and shall. promptly call to the attention. of the city any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The City shall have discretion as to how to address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Doctunents accordingly as the case may be. 2. CONTRACT DOCUMENTS... The Contract Documents shall consist of the Work Agreement and the Scope of Work & Specifications prepare by or on behalf of the City in connection with the Work (where specified), all Amendment Request Certificates approved by the City, all Change Orders issued by the City, the Notice to Proceed, the Completion Certificate, and written interpretations of the Contract Documents issued by the Cit<,~. The Contract Documents shall, insofar as is possible, be interpreted to be consistent with one another. Any inconsistencies shall be addressed in accordance with paragraph 1 of this Agreement. 3. PERMITS AMID REGULATIONS... Prior to commencing the tAlork, the Contractor shall secure all. necessary building permits and licenses as may be required, and before and during the progress of the Work, give all notices and comply with all the laws, ordinances, rules and regulations of every kind and nature now or hereafter in effect that are promulgated by any federal, state, county, or other governmental, authority, relating to the perforn~ance of the Work. if the Contract's performance is contrary to any such law, ordinance, rule or regulation, it shall bear all costs arising there from. Contract specifically agrees to abide by and observe all. standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work. 4. PROSECUTION OF THE WORK...The Contractor shall at all times prosecute the Work diligently so as to insure its completion in full accordance with the Contract Documents and shall. at all times furnish. sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tool, and equipment. The Work shall be performed in a good and workmanlike manner. Contractor shall keep the Work site clean and orderly during the course of the Work and remove all debris at the completion of the Work. If the Contractor is negligent in these areas, the City reserves the right to perform this work with its own forces at overtime rates. The costs of such work shall be charged to the Contractor. The Contractor will adequately protect the Work from damage, will 90 protect the property from in jury or loss, and will take all necessary precautions during the progress of the Work to protect all person and the property of others from injury or damage. The Contractor will assume full responsibility for all its tools and equipment and all materials to be used in connection with the Work. Materials and equipment that have been removed and replaced, as part of the Work shall belong to the contractor unless agreed otherwise. 5. COMMENCEMENT AND COMPLETION OF THE WORK; LIQUIDATED DAMAGES...The Wark must commence no later than , 2008 and be satisfactorily completed in the opinion of the city by June 1, 2008. In the event the Work is not commenced within ten (10) days of the date specified, the City may dismiss the Contractor without any compensation whatsoever and appoint a substitute Contractor(s). If the Contractor is unable to commence the Work by the specified date, it must promptly notify the City. 6. EXCUSABLE DELAYS...The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and/or completion dates specified in paragraph 5 of this Agreement: a. Material delay -material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overa111ate completion. b. Adverse weather conditions -weather conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. c. Strikes -Contractors who face union. work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments -significant amendments in the original scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. e. Emergencies -accidents, death, or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. f. Proven lack of cooperation from persons in possession of the property resulting in significant decays. g. Proven lack of cooperation from. the Contractor's agents resulting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE...Changes in the scope, specifications, or cost of the Work that are proposed by the Contractor subsequent to the execution of this Agreement shall be considered Amendments. No such Amendments shall be made without proper written approval by the city. Any Amendment proposed. by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request Certificate must: (a) be signed. and dated by the Contract; (b) specify how the Work is to be amended and the cost for such Amendments; and (c) specify the reason. for any cost increase/decrease resulting from the Amendments(s). The City will approve or disapprove the Amendment Request Certificate after appropriate review and property inspection. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, agreement, term, or condition contained in the Contract Documents. 8. CHANGE ORDER...The City shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of person or property be made by written Change Order. The 2 91 Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY...The Contractor hereby guarantees to the City that all of the Work shall be completed in a competent, workman-like manner and that such Work shall. be and remain free of defects in workmanship and. materials for a period of one (I) year from the date that the City executes the Completion Certificate pursuant to paragraph 17 of this Agreement. The Contractor warrants that all materials and. equipment furnished. in connection with the Work will. be new, unless otherwise specified, and be of good. quality and free from faults and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable} any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this paragraph. 10. WAIVER OF LIABILITY...It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATIONS...Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the City of Columbia Heights, council. members, officers, employees, successors, and assigns against any all liability, loss, cost, damages, expenses, claims, or actions, including attorneys' fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission. of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. 12. INSURANCE... The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance polices: INSURANCE ... The Contractor agrees that in order to protect itself, the CITY OF COLUMBIA HEIGHTS, anal the City of Columbia Neights under the indemnity provisions set forth in paragraph. 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation. Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amounts} as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with. the applicable statutes. Commercial General Liability Insurance. The Contractor shall maintain Occwrence Based Commercial General Liability Insurance ("CGL"), providing coverage on an "occurrence", rather than on a "clanns made" basis, which policy shall include coverage for the Completed Operations Hazard, and which shall also include a Broad Form. General Liability Endorsement, ISO number GL 0404, or an equivalent form. (or forms), so long as such an equivalent forn (or forms) affords coverage which is in all material respects at least as broad. Any equivalent forn (or forms) of coverage shall be approved by the CITY OF COLUMBIA HEIGHTS. 3 92 The Contractor agrees to maintain total liability policy limits of at least One Million Dollars ($1,000,000), applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limits may be satisfied by the limits afforded under its Occurrence Based CGL policy as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified. above. c. Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least One Million Dollars ($1,000,000} per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified in (b) and (c) above. The Contractor shall not commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved. and a written Notice to Proceed is issued by an authorized representative of the CITY OF COLUMBIA HEIGHTS, The CITY OF COLUMBIA HEIGHTS shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the CITY OF COLUMBIA HEIGHTS may reasonably require for the protection. of its interests or those of the public. It is expressly understood that the CITY OF COLUMBIA HEIGHTS does not in any way represent that the minimum insurance coverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. BOND ... The Contractor shall furnish payment and performance bonds, issued by a surety acceptable to the City, at least equal to the Contract Price as that amount may be amended from time to time, and including, but not be limited to coverage for liquidated damages provided for in paragraph 5 of this Agreement, and the period of coverage by any warranty required by the Work. The bonds shall remain in effect for one year after the date the Completion Certificate is executed by the City and for any warranty period required by the Work, whichever date is later. The premiums for such. bonds shall be deemed to be included in the Contract Price, and no additional compensation shall be payable to the Contractor with respect to such bonds. No Change Order, approval or disapproval of an Amendment Request Certificate, changes in the commencement and/or completion dates pursuant to paragraph 5, failure to enforce any rights arising under the Contract Documents, or other act or forbearance of the City shall, unless specifically agreed to otherwise by the City, operate to release or discharge any surety or sureties under any such bond. 14. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work. Payment of the Contract Price shall. not be due until the Contractor has delivered to the City lien waivers acceptable to the City, which release the City from all liens that may arise in connection with. the Work. The Contractor shall list below the names of all suppliers and/or subcontractors that will provide materials, services, or laborrn connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement of the «TOrk. 4 93 15. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the swn of $ (the "Contract Price"}, to be paid by the City in accordance with the terms and conditions of this Agreement. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINATION OF WORK SITE ... Contractor agrees that the Contract Price specified in paragraph 15 of this Agreement is based upon Contractors examination. of the work site and that it will make no claim for additional compensation. or the extension of time for performance if the conditions encountered differ from those anticipated by such examination, unless such a claim. is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 17. PAYMENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a} an itemized bill for the completed Work; (b) a properly executed Completion Certificate; (c} a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of this Agreement. The City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account o£ (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the same against the City with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d} any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 1 S. EQUAL EMPLOYMENT OPPORTUNITY ... Contractor not to discriminate against any employee or applicant for employment on the basis of age, race, color, religion., sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non- discrunination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent contractor in the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee of the City in the performance of the Work or any part thereof. 94 20. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Randy Schumacher, Project Manager, City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement shall, unless otherwise specifically provided herein, be made in writing signed by the designated representative of the party making such communication and be delivered or addressed to the designated representative of the other party at the following address: CITY OF COLUMBIA HEIGHTS ADDRESS: Attn: Randy Schumacher -Project Manager S9G 40`x' Avenue Northeast Columbia Heights, MN 55421 CONTRACTOR ADDRESS: 21. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by the terms, conditions, and provisions set forth in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City of Columbia Heights. 22. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit of the Contractor, its legal representatives, heirs, successors, and assigns. No assigrunent or attempted assignment of this Agreement or any rights hereunder shall. be effective unless the written consent of the City is first obtained. No such assignment, even. if consented to by the City, shall relieve the Contractor from. liability under this Agreement for the performance and completion of the Work in accordance with the Contract Documents. 23. ENTIRE AGREEMENT ... The Contract Documents contain all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Contract Documents are superseded by and merged into the Contract Documents. 24. APPLICABLE LAW ... This Agreement shall be construed in accordance with and governed by the laws of the state of Minnesota. 25. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the City and the Contractor. 26. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 27. AUTHORITY ... Each of the undersigned parties warrants that it has the full authority to execute this Agreement, and each individual signing this Agreement on behalf of a corporation hereby wan~ants that 6 95 he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such. corporation thereby. 28. WAIVER ... No failure by the City to insist upon the strict performance of any covenant, duty, agreement, or condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach. or any other covenant, agreement, term, or condition, nor does it imply that such. covenant, agreement, term, or condition may be waived again. IN WITNESS WHEREOF, the parties have set their hands this t" day of , 2008. CITY OF COLUMBIA HEIGHTS Mayor -Gary Peterson Witness City Manager- Walter R. Fehst CONTRACTOR Its 7 96 CITY COUNCIL LETTER Meeting of: 4/28/2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT' CITY MANAGER PUBLIC WORKS~~?~_ ~~°,~' ~ . ITEM: ESTABLISH A PUBLIC HEARING TO BY: Kevin Hansen BY: ~ ~ ''° CONSIDER AN ALLEY LIGHT BASED UPON A DATE: 4/23/08 DATE: ~~' PETITION RECEIVED Background: Staff is requesting the City Council establish a Public Hearing date for formal. consideration of assessing an alley light to benefited properties, as requested by petition. The proposed light is located in the alley between Reservoir Boulevard and Tyler Street between 37th Avenue and 39`h Avenue. The petition is for one 100watt HPS light to be installed on an existing pole between 3850 and 3854 Tyler Street. Reference attached map. There will be 10 parcels in the assessment. Of the 10 parcels, 3 property owners and. 5 residents signed the petition in favor of installing the light. Although the minimum requirement of 6 property owners has not been met, staff feels there is enough interest to proceed with the public hearing. All property owners are notified of the proposed assessment during the hearing process. Recommended Motion: Move to establish Monday, May 27, 2008 at 7:00 p.m. as a Public Hearing for consideration. of an alley light between 3850 and 3854 Tyler Street. KH: jb Attachments: Map Petition COUNCIL ACTION: 97 ~ C3 ~, (~ ~ j T,~ ' ~ CITY OF COLUMBIA ~i ? HEIGHTS ~ •~ _; ~, ~ .._ ~~~ PROPOSEDASSESSMEN -c""' ~, ~-- -- -- i ;'< •^`/ -_-._..__~.. ... tJ~~ ' MAP LEGEND -------- ~~Q f ~ ~ Ti'1 ~~ iY' DUPL LIT EX SP ^ WATER G ALL ~~ O ,. ~~t..+ l'"r T~ ~t"1~ ~~, ,,' c7 ~ PARY.S ^ PARCELS ~9a~ 390 '' - 3905 , ~ 11 3 9 ~ A -__ _`_ ----- - - ------- - _ 1 '~ ~ ~ ~ Q~; 3868 ~8~0 , ~. ~~~; - ~~~,: ~~~~ ~~ ~~ ~~ ~~ ~ ~~, ~~ ~~: `~ ~~ ~~ ~ s . ~ J ~~ ~ ~~ , P~~ ~ `~ ~~ ~ ~ ~ ~~ ,~~ Reference Map ~8~ ~ ~~ ~` _ t~ .~ ry r Map Scale: finch = 100 feet ~~ I V `- ~i ~ Map Date: 4123/200FS !, ~, Data Date: March 6, 2008 +;~~ ~ ~~} ` '~ ~ ~~ i ~ ~~ ,' Sources: CITY OF GOLUME4IA HEIGHTS - GIS, ~~, ~~y ~ fl;~: ~„ ENGINEERING, AND PLANNING t V ~~~~~~ -~~ x a ~~nl~~ ~~ -' ALLEY LIGHT LOCATION: Between 3850 and 3854 Tyler Street IN STt ~1..L LIGHT We the undersigned petition the City Council of CoILmlbia Heights to assess for one Xcel Enemy 100-watt HPS street light. The light will be installed on the pole across from 3850 and 3854 Tyler Street. We understand that the cost of the Iight will automatically be added to the utility statement. The current cost is $ i .00 per property per month, or $3.00 per properly per quarier. "I~his cost will increase with increases in the electric rate. NAME ADDRESS ,. _ /~ d ~~~ ~~ DO NO~f Ii~S TALI. LIGHT 1 ~% "~ / ~~GCI ~ I~ i r~ `7 ~= ~ ~ 1 41 t.~'£. `,~ ~~ `'~" ~o~l~ ~~~ ~ ~ PCT'S C'~~ ti U i r ~.~V';~ /~~~ - - -.~ ~~{ -~ - :. ~ ~ R _ , . ~ Y~ c ? ~I i ~~ ~' _ _~'~ -- - - 99 CITY COUNCIL LETTER Meeting of Apri128, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~' ITEM: Rental Housing BY: Gary Gorman B d BY: ~ f ~~ Licenses , tv i Div NO: DATE: April 22, 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 Apri128, 2008. COUNCIL ACTION: List of 2008 Rental Licenses to Approve Occupant' I.D. Property Owner Name Property Address 20030 Deer Meadow Holdings 20222 Grace & Truth Chapel 30124 B & J Property Management Inc. 30101 Haji Azam 30130 Haji Azam 30059 Lester Chies 12017 Barry Cole 20106 Ryan Diekow 30026 Nedim Frlj 10231 Jose Gallagher 10034 Michael Gondek 10058 Silvio Guachichulca 20142 Bette Harlan 20144 Bette Harlan 20146 Bette Harlan 20152 Bette Harlan 30103 Mohamed Hassan 10116 Tom Kaiser 30116 Mary Marth 12062 Terry Martin 10023 David Miller 20418 Carly Nelson 20271 Alice Nopola 30122 David Rust 20057 Dan Schreier 20168 Christina Sundae 3822 3RD 4345 2ND 4347 UNIVERSITY 4655 PIERCE 4622 Tyler 4347 Tyler 4624 WASHINGTON 204 42ND 3969 5TH 3916 2ND 344 40TH 4420 JEFFERSON 5110 WASHINGTON 5146 WASHINGTON 5037 JACKSON 5140 WASHINGTON 4557 MADISON 4425 WASHINGTON 4619 Tyler 4145 5TH 4932 4TH 1231 CIRCLE TERRACE 4937 JACKSON 4653 Tyler 4241 2ND 3926 ULYSSES 04/22/2008 13:24 ~o~ Page 1 List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name 10207 Thanh Bui Property Address 657 47TH 04/22/2008 13:24 X02 Page 1 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~, ~% NO: DATE: Apri123, 2008 ~ lftle BY: ,~ BACKGROUND/ANALYSIS Attached is the business license agenda for the April 28, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, a Peddler's License for the Jamboree events, and a Tobacco License for the location of 2311 37`h Place. 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 April 28, 200$ as presented. COUNCIL ACTION: 103 TO CITY COUNCIL April 28, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Binder Heating & AC 222 Hardman Ave No. So St Paul $60.00 *Soderlin Pl & Htg 3612 Cedar Ave So, Mpls $60.00 *Tony's Plumbing 4572 Lasalle Ave NE, St ?~~Iichael $60.00 *Rob Glen Plumbing 19600 Tamarack St, Oak Grave $60.00 *Hometown Plumbing 2440 152n Lane NE, Ham Lake $60.00 *Rite-Way Waterproof Lino Lks 448 Lilac St *DeMars Signs , 410 93rd Ave, Coon Rapids $60.00 *Milton Johnson Roof 525 Lowry Ave, Mpls $60.00 *Arp's tree Service 3837 Jefferson St, Col. Hts. $60.00 PEDDLER LICENSE Pol *Sherwin Sieden 1423 Knollwood Ln, Mendota Hts $50.00 (Sure One Promotions) $60.00 TOBACCO LICENSE Pol Mourado's Tobacco 2311 37"' Pl, Col. Hts. $300.00 (pending police dept approval) 104 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: A~ri128, 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 125511 through 125b93 in the amount of $ 747,198.44 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 105 .S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS :/24/2008 13:54:09 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 **************************** *************** ********************************** :port Selection: >tional Report Title.......04/28/08 COUNCIL LISTING TCLUSIONS: ind & Account .............. ieck Date .................. ~urce Codes ................ ~urnal Entry Dates......... >urnal Entry Ids........... ieck Number ................ ~oject ..................... ~ndor ...................... voice ..................... ~rchase Order .............. ink ........................ Sucher .................... Teased Date ............... .eared Date ................ ~clude Exp/Rev Closing Entries thru thru thru thru 125511 thru 125693 thru thru thru thru thru thru thru thru 1V thru ~n Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 106 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS ./24/2008 13 Check History GL540R-V06.74 PAGE 1 04/28/08 COUNCIL LISTING INK VENDOR CHECK NUMBER AMOUNT ;Z1{ CHECKING ACCOU~3T AARP 125511 150.00 BECKER/ERIN 125512 6.00 BELLBOY CORPORATION 125513 16,184.56 BUREAU OF CRIMINAL APPRE 125514 630.00 CAPITOL BEVERAGE SALES L 125515 Ii,134.04 FIRST FINANCIAL TITLE 125516 36.58 G & K SERVICES INC 125517 19.98 GENUINE PARTS/NAPA AUTO 125518 281.95 GRIGGS-COOPER & CO 125519 12,359.45 GROSS/JODI 125520 20.00 HANSON/JEFFREY 125521 54.14 HERR/MICHAEL C 125522 356.68 INFINITY ELECTRIC LLC 125523 1,229.02 JJ TAYLOR DIST OF MN 125524 80,450.56 KALLESTAD/GARY 125525 61.45 MARTIN-MCALLISTER INC 125526 350.00 MASTERTON/ENISA 125527 100.06 MILLER/HEIDI 125528 20.00 MN DEPT OF ADMINISTRATIO 125529 491.94 MOELLER/KAREN 125530 80.00 NEXTEL COMN.[UNICATIONS 125531 384.62 PETTY CASH - KAREN MOELL 125532 114.31 PETTY CASH - NICOLE JOUP 125533 157.39 PITNEY BOWES LOUISVILLE 125534 169.30 POSTAGE BY PHONE RESERVE 125535 6,000.00 QWEST COMMUNICATIONS 125536 116.09 RICOH AMERICAS CORPORATI 125537 32.77 STREICHER'S GUN'S INC/DO 125538 249.51 WEIGMAN/DANA 125539 46.75 WILSON/KRISTIN 125540 36.00 XCEL ENERGY (N S P) 125541 6,775.45 YOUNG/KATHY 125542 31.93 AMERICAN BOTTLING COMPAN 125543 266.19 BELLBOY CORPORATION 125544 1,144.13 BUI/THU 125545 500.00 C. ADLER MARTIAL ARTS SE 125546 539.00 CAPITOL BEVERAGE SALES L 125547 7,469.22 CENTER POINT ENERGY 125548 221.67 CHISAGO LAKES DISTRIBUTI 125549 7,233.94 CITY OF COLUMBIA HEIGHTS 125550 147,896.51 DANIMAL DISTRIBUTING INC 125551 1,964.36 EXTREME BEVERAGE 125552 480.00 EARNER-BOCKEN 125553 1,865.48 G & K SERVICES INC 125554 41.08 GRIGGS-COOPER & CO 125555 93,614.83 HOFFMAN/TIM 125556 250.00 HGHENSTEINS INC 125557 6,499.15 107 ".S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS :/24/2008 13 Check History GL540R-V06.74 PAGE 2 04/28/08 COUNCIL LISTING sNK VENDOR ~TvK CHECKING ACCOUNT IDEARC MEDIA CORP JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. LEAGUE OF MINNESOTA CITI MARFk VII DIST. MN DEPT OF ADMINISTRATIO MN MUNICIPAL BEVERAGE AS NEEDHAM DISTRIBUTING CO OERTEL ARCHITECTS INC OLSON/STEVE PAT KERNS WINE MERCHANTS PAUSTIS & SONS WINE COMP PETTY CASH - KAREN OLSON PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST BUSINESS SERVICES QWEST COMMUNICATIONS SHAMROCK GROUP-ACE ICE SPECIALTY WINES & BEVERA SPRINT INC STREICHER'S GUN'S INC/DO SUBURBAN RATE AUTHORITY SURLY BREWING CO INC USA MOBILITY WIRELESS IN VINOCOPIA INC WELLS FARGO BANK WINE MERCHANTS XCEL ENERGY (N S P} AAA AWARDS ABLE HOSE & RUBBER INC ACCAP-ANOKA COUNTY ACE HARDWARE ALL SAFE FIRE & SECURITY AMERIPRIDE INC ANCOM COMMUNICATIONS INC ANOKA COUNTY - ES ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ASPEN EQUIPMENT ASTLEFORD INTERNATIONAL BAKER & TAYLOR BARNA GUZY & STEFFEN LTD BIFF'S,INC. BOUND TREE MEDICAL LLC BRAUN INTERTEC CORP BUETOW AND ASSOCIATES IN BUSINESS JOURNAL/THE CHECK NUMBER 125558 125559 125560 125561 125562 125563 125564 125565 125566 125567 125568 125569 125570 125571 125572 125573 125574 125575 125576 125577 125578 125579 125580 125581 125582 125583 125584 125585 125586 125587 125588 125589 125590 125591 125592 125593 125594 125595 125596 125597 125598 125599 125600 125601 125602 125603 125604 AMOUNT 71.25 12,514.34 10,082.63 363.48 26,i22.9G 491.36 458.00 394.00 8,595.64 500.00 199.00 7,601.91 101.76 11,133.47 23,669.46 549.13 733.65 224.06 478.67 155.93 319.53 800.00 442.00 97.31 5,214.96 2,380.79 8,102.39 7,916.54 34.50 85.68 10.00 13.65 182.35 74.91 1,352.56 100.00 3,665.24 1,319.87 2,546.41 355.11 2,340.13 14,127.00 380.74 152.88 245.00 26,230.30 92.00 108 "S FINANCIAL SYSTEM :/24/2008 13 INK VENDOR ;rSK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 04/28/08 COUNCIL LISTING CHECK NUMBER AMOUNT CATCO PARTS SERVICE 125605 579.63 CCP INDUSTRIES 125606 45.68 CENTRAL LANDSCAPING 125607 350.61 CHAMBERLAIN OIL COMPANY 125608 162.68 CHOICE POINT SERVICES 12509 640.00 CINTAS FIRST AID-SAFETY 125610 535.46 CLARK PRODUCTS INC 125611 435.37 COLUMBIA HEIGHTS RENTAL 125612 557.67 COLUMBIA PARK MEDICAL GR 125613 359.00 DAVES SPORT SHOP 125614 3,055.49 DCI INDUSTRIES LTD 125615 1,182.60 DEMCO, INC. 125616 77.62 DIAMOND VOGEL PAINTS 125617 1,631.15 DU ALL SERVICE CONTRALTO 125618 3,577.36 ELAN OIL COMPANY 125619 11,824.80 EMERGENCY AUTOMOTIVE TEC 125620 421.16 FACTORY MOTOR PARTS INC 125621 153.90 FIRENET SYSTEMS, INC 125622 281.16 G & K SERVICES INC 125623 1,606.59 GENUINE PARTS/NAPA AUTO 125624 228.05 GRAPHICS MEDIA 125625 579.75 HARMON AUTO GLASS 125626 210.00 HERRINGER/JERRY 125627 35.00 HOME DEPOT #2802 125628 143.93 HONEYWELL INC 125629 797.81 IDEAL ADVERTISING INC. 125630 5,886.00 INSTRUMENTAL RESEARCH IN 125631 1,004.30 INTL ASSOC OF CHIEFS OF 125632 120.00 IPC PRINTING 125633 47.94 KATH FUEL OIL SERVICE 125634 75.00 KRUGER IN'T'ERNATIONAL 125635 208.74 LANG EQUIPMENT CO. 125636 236.13 LEAGUE OF MINNESOTA CITI 125637 85.00 LETTUCE CATER 125638 2,471.50 LIFELOC TECHNOLOGIES 125639 95.00 LOW VOLTAGE CONTRACTORS 125640 383.40 MAC QUEEN EQUIPMENT CO. 125641 1,970.34 MEDTOX LABORATORIES, INC 125642 31.14 MENARDS CASHWAY LUMBER-F 125643 344.11 METRO FIRE, INC 125644 25.00 METRO WELDING SUPPLY 125645 216.29 MIDWAY FORD 125646 91.95 MINNEAPOLIS FINANCE DEPT 125647 61,069.86 MINNEAPOLIS SAW CO INC 125648 845.53 MN DEPT OF HEALTH 125649 46.00 MN HISTORICAL SOCIETY 125650 32.50 MONTICELLO FORD MERCURY 125651 16,275.00 109 ".S FINANCIAL SYSTEM :/24/2008 13 ~.NK VENDOR ~3K CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 04/28/08 COUNCIL LISTING MOUNTAIN STATES LIGHTING MPLS BMEU NEW YORK TIMES/THE NORTH AMERICAN SALT CO NORTHEASTER NORTHERN FACTORY SALES I NORTHERN WATER WORKS SUP OFFICE DEPOT OLSON'S PLUMBING ONE-CALL CONCEPT-GOPHER ONVOY INC ORKIN INC POLISH AMERICAN JOURNAL PROSOURCE TECHNOLOGIES I QUICKSILVER EXPRESS COUR QWEST COMMUNICATIONS REED BUSINESS INFORMATIO RETAIL DATA SYSTEMS OF M RICOH AMERICAS CORPORATI ROSEDALE CHEV RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SBSI INC SIX CITIES WATERSHED STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUN PUBLICATION INC SZUREK/MARLAINE TESSMAN CO THOMSON GALE TKDA, INC TRUGREEN CHEMLAWN TWIN CITIES TRANSPORT & UNIVERSITY OF MINNESOTA URBAN LAND INSTITUTE VALLEY RICH COMPANY VERIZON WIRELESS VIKING INDUSTRIAL CENTER VOSS LIGHTING WW GRAINGER,INC XCEL ENERGY 3M CHECK NUMBER AMOUNT 125652 1,351.73 125653 175.00 125654 405.60 125655 6,998.40 125656 1,402.00 125657 34.27 125658 992.30 125659 310.24 125660 118.00 125661 166.35 125662 59.99 125663 68.60 125664 20.00 125665 883.02 125666 16.26 125667 429.26 125668 987.48 125669 120.00 125670 914.12 125671 466.62 125672 45.00 125673 228.45 125674 140.58 125675 2,169.36 125676 262,09 125677 526.99 125678 1,079.33 125679 35.00 125680 1,011.58 125681 25.47 125682 190.01 125683 423.42 125684 716.19 125685 75.00 125686 200.00 125687 5,200.00 125688 32.00 125689 126.27 125690 418.56 125691 55.50 125692 60.62 125693 6,086.00 747,198.44 *** 110 '.S FINANCIAL SYSTEM _/24/2008 13 ~L1K VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 04/28/08 COUNCIL LISTING CHECK NCTMBER AMOUNT ?4?,?98.44 RECORDS PRINTED - 000989 111 ".S FINANCIAL SYSTEM :/24/2008 13:54:12 Check History TND RECAP: ?ND DESCRTPTTOtN DISBT.JRSEMENTS }1 GENERAL 90,525.73 }1 COMMUNITY DEVELOPMENT FUND 1,420.47 .2 STATE AID MAINTENANCE 1,775.15 :0 LIBRARY 8;744.54 :1 TWENTY-FIRST CENTURY PROGRAM 1.02 CR _2 CAPITAL IMPROVEMENT PARKS 519.48 .5 CAPITAL IMPRVMT - PIR PROD 3,911.84 :0 CAP IMPROVEMENT-DEVELOPMENT 883.02 ~1 CAP EQUIP REPLACE-GENERAL 16,275.00 .6 CAPITAL EQUIP REPLACE-LIQUOR 9,982.59 }1 WATER UTILITY 68,064.34 )2 SEWER UTILITY 442.78 }3 REFUSE FUND 58.34 }4 STORM SEWER UTILITY 124.15 }9 LIQUOR 361,968.32 ~l WATER CONSTRUCTION FUND 1,367.95 )1 CENTRAL GARAGE 19,935.79 :0 DATA PROCESSING 1,275.97 '5 FISCAL AGENCY: GIS RANGER 6,086.00 31 CONTRIBUTED PROJECTS-REC 5,941.49 }5 PAYROLL FUND 147,896.51 )TAL ALL FUNDS 747,198.44 ~1VK RECAP ~'rIK i~AME DiSBURSE~IENTS iNK CHECKING ACCOUNT 747,198.44 )TAL ALL BANKS 747,198.44 112 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of April 2$, 2008 AGENDA SECTION: Items Far ORIGINATING DEPARTMENT: City Manager's Consideration Fire Approval: ,~ ~,~ ,~~ No. ,~ , ;~- ~° ITEM: Resolution Establishing BY G G , ~'~ i', =, orman : ary List if Public Nuisances For Immediate Abatement Nn: DATE: Apri128, 2008 Background: The City Council has approved the amending of Chapter 8, Article 2 of City Code to allow for the immediate abatement of specific public nuisances that are established by Council Resolution. Analysis/Conclusions: Staff has compiled a list of nuisances from many City Codes that would be considered public nuisances and should be processed as immediate abatements. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008-84, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. COUNCIL ACTION: 113 RESOLUTION NO.2008-84 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8, Article 2 entitled "Public Nuisances"; and WHEREAS, a Public Nuisance is defined as a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of~ any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and rubbish Chapter 8, Article 3 Garbage containers / dumpsters Chapter 8, Article 3 Chapter SA, Article 2 Appliances Chapter 8, Article 3 State Statute 609.675 Recycling Chapter 8, Article 3 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article3 Chapter SA, Article 2 Composting Chapter 8, Article3 Long grass and weeds Chapter 4, Article 2 Chapter SA, Article 2 Fire wood Chapter SA, Article 2 Outside storage Chapter SA, Article 2 114 Sidewalks, parking & driveway hazards Pets /animals Junk vehicles Parking on landscape Public nuisances Dated this 28th day of April, 2008 Offered by Seconded by Roll Call: Ayes: Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary Chapter SA, Article 2 Chapter SA, Article 2 Chapter 7, Article 2 Chapter SA, Article 2 Chapter SA, Article 2 Chapter 8, Article 3 Section 8.202 (A}, (D), (E}, (F}, (G), (H} and Section 8.204 (A), (C}, (F), (H), (I), (J), (L}, (M}, (N), (O}, (P), (Q)~ (S)~ (T) Mayor Gary L. Peterson 115 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting Date: Apri128, 2008 AGENDA SECTION: Items For ORIGINATING DEPARTMENT: Ci Mana er n' g Consideration Fire Approval: ITEM: First Reading of Ordinance Gar Garman BY '~,~ ~~,~, No. 1544, amending Chapter y ` ~ 4, Article 2 of City Code DATE: Apri128 2008 No: , Background: The Fire Department conducts tall grass and weed inspections per Chapter 4, Article 2 of City Code. When grass and weeds exceed the requirements of City Code, notices are posted on the properties and sent to the property owners. Currently, after two or more notices have been sent for a property, within a 12-month period, future violations may be abated without providing additional specific notice of the violations. In 2007, 147 mowings occurred on 72 different properties. 77.5% of the properties had two or more mowings. Recommendation: It is our recommendation that we change City Code to allow the cutting of long grass/weeds without additional specific notice after one violation within a 12-month period instead of after two notices. This will speed up the process of getting repeat problem properties cut within two to three days instead of six to nine days. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1544, there being ample copies available to the public. RECOMMENDED MOTION: Move to set the second reading of Ordinance No. 1544, for Monday, May 12, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 4, Article 2 of City Code. COUNCIL ACTION: 116 ORDINANCE 1544 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE 2005 TALL WEEDS AND GRASS The City of Columbia Heights does ordain: Chapter 4, Article 2, Section 4.203 of the Columbia Heights Code which currently reads as follows, to-wit: § 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect ail premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1} The notification shall require abatement of the weeds, or other prescribed action, Within four days from the date of ~i~aillrig of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for casts. (C) For properties for which there have been two or more notices issued within the prior 12-month period, compliance with division (B) shall not be required. For those properties, the second notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the ovv~ler. (E) For the purpose of this section, the following definition shall apply. 117 OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. ('77 Code, § 4.203} (Ord. 1.511, passed 6-12-06) Is hereby amended to read: 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a} Noxious weeds enumerated by Minn.. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to dine. (c) Any tali weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1} The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. {2} The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for costs. (C) For properties for which there have been #~e one or more notices issued within the prior 12-month period, compliance with division {B) shall not be required. For those properties, the first notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E} For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental Licensing application on file with the city, if any, or if none, the person listed as owner by 118 the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This ordinance shall be in full force and effect from and after 30 days 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 119 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting date: Apri128, 2008 AGENDA SECTION: Items For ORIGINATING DEPARTMENT: City Manager's Consideration Fire Approval No. , ITEM: Resolution Establishing BY: Gar Gorman ~ ~ ~' .ter ~`~f ~ Tall Grass & Weed y Abatement Charges DATE: April 28 2008 No: , Background: The Fire Department conducts tall grass and weed inspections per Chapter 4, Article II of City Code. When grass and weeds exceed the requirements of City Code, the violations are abated and the costs are assessed to the property. The last increase was in 2006 to the current $60.00 per hour, minimum two hours. The basis for the amount is to cover the cast of the contractor and the cost of inspections and billing. Recommendation: In 2007, and again for 2008, the cost of the cutting contractor is $70.00 per hour. Properties that take more than one hour of time to cut use up some, if not all of the money that is to cover administrative costs. The recommended increase would allow the City to recover more of the administrative costs associated with the program. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2008-85, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2008-85, being a Resolution establishing the tall grass and weed abatement charges. COUNCIL ACTION: ~Zo RESOLUTION N®. 2008-8~ BEING A RESOLUTION ESTABLISHING THE CITY F COLUMBIA HEIGHTS TALL GRASS AND WEED ABATEMENT CHARGES WHEREAS, the City of Columbia Heights has adopted City Code Chapter 4, Article II, Section 4.203 pertaining to tall grass and weed removal and, WHEREAS, the City of Columbia I-Ieights has the responsibility to enforce the City Code, NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights adopts the following Tall Grass and Weed Abatement charges: First and second abatement per season: Invoiced cost plus $60.00* Third and fourth abatement per season: Invoiced cost plus $75.00* Fifth or more cuttings per season: Invoiced cost plus $100.00* *Plus State sales tax. Abatement charges will be enforced once the contractor has been given the property address, regardless of whether the violations have been abated prior to the contractor's arrival. Dated this 28th day of April, 2008 Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 121 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting Date: Apri128, 2008 AGENDA SECTION: Items For ORIGINATING DEPARTMENT: City Manager's Consideration Fire A royal: P~ ITEM: Resolution Establishing BY G G , W ~ ~ Property Maintenance : ary orman , Inspection Fees No: DATE: April 28, 2008 Background: Chapter SA of City Code, pertaining to the Property Maintenance Code provides for establishing fees through Council Resolution. The last fee change was in 2005 when rental licensing fees were increased. Two fees that were not changed in 2005 were the "No-show" fee and the "License Reinstatement after Revocation/Suspension" fee. The reinstatement fee was increased to ten times the license fee in 2002. The license fees at that time were increased to $45.00 for a single and duplex, for example. Due to an oversight it was found that the Housing Maintenance Code at the time specifically stated reinstatement fees were 1-1/2 times the license fee. With the adoption of the new Property Maintenance Code that specific fee is gone so it reverts back to the current fee structure passed in 2005. Recommendation: Due to the increase in rental licensing fees, the ten times the annual license fee to reinstate a license is very expensive. It is our recommendation to lower this fee to five times the license fee. The second change is to eliminate the no-show fee since we go to license revocation after a no-show. This eliminates the need for the fee as a deterrent. The third change would add an Immediate Abatement Administration fee of $75.00 to all of our future immediate abatements. This is to cover staff time to set up the abatement and to process paper work for invoicing, similar to the grass inspections. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2008-86, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2008-86, being a Resolution establishing Property Maintenance Inspection fees. COUNCIL ACTION: 122 RESOLUTION N0.2008-86 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CODE OF 2005 WHE AS, Ordinance Na. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides for the establishing of fees; and WHEREAS, the City has authorized changes to property maintenance fees from time to time; and WHEREAS, the City finds there is a need to modify the property maintenance fee structure at this time; and THEREFORE, BE IT RESOLVED, that the property maintenance fee structure listed below shall be adopted and effective May 1, 2008. RENTAL LICENSING FEES Rental property license - 1 unit Rental property license - 2 thru 10 units Rental property license - 11 thru 30 units Rental. property license -over 30 units $50.00 per building plus $40.00 per unit $50.00 per building plus $20.00 per unit $50.00 per building plus $1.5.00 per unit $50.00 per building plus $10.00 per unit License Reinstatement after Revocation/Suspension Five times annual license fee ABATEMENT FEES Immediate Abatement Administrative Fee Abatement Administrative Fee $75.00 per abatement $200.00 per abatement Passed this 28th day of April, 2008 Offered by: Seconded by: Roll Cail: Ayes: Nays: Mayor Gary Peterson Attest: Patricia Muscovitz, City Clerk 123 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: Ordinances and Resolutions ORIGINATING DEPT.: CITY MANAGER NO: Community APPROVAL Development ITEM: 2nd Reading Ordinance No. 1543, Being an BY: Kirsten BY: Ordinance authorizing to convey certain real Partenheimer ~~ ~' estate located at 3710, 3718 and 3722 DATE: April 23, 2008 Central Avenue Background: At the April 1, 2008 Economic Development Authority (EDA) meeting, the Board approved a Contract for Private Redevelopment by and between the EDA, the City of Columbia Heights and the 37th and the Central LLC to construct approximately 10,000 square feet of commercial space on the northwest corner of 37th and Central Avenues. Three of the five parcels that make up the redevelopment site, 3710, 3718 and 3722 Central Avenue, are owned by the City of Columbia Heights. Past practice has been that the EDA administers all redevelopment projects, and the subject conveyance will allow all aspects of the Development Agreement to be handled through a single entity. The City Charter requires this transfer of property to be done by Ordinance. This is the second of two readings of Ordinance 1543. Recommended Motion: Move to waive the reading of Ordinance No. 1543, there being an ample number of copies available to the public. Move to adopt Ordinance No. 1543, being an ordinance authorizing to convey certain real estate located at 3710, 3718 and 3722 Central Avenue. Attachment: Draft Ordinance 1543 COUNCIL ACTION: 124 ORDINANCE NO. 1543 BEING AN ORDINANCE AMENDING THE CITY CODE OF 2005 AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3710, 3718 AND 3722 CENTRAL AVENUE. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3710 Central Avenue-Lot id, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Mimlesota 3718 Central Avenue-Lot 15, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 3722 Central Avenue-Lot 14, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April 14, 2008 Second Reading: April. 28, 2008 Date of Passage: Offered By: Seconded By: Roll Call: Mayor -Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 125 clTy couNCIL I..ETTER Meeting of: 4/28/08 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen AWARDING A CONTRACT FOR CITY PROJECT #0805 DATE: 4/21/08 and #0806: 2008 SULLIVAN & SILVER LAKE BEACH PARK IMPROVEMENT PROJECTS BY: DATE: ' Background: On January 14, 2008 City Council authorized staff to seek bids for the Sullivan and Silver Lake Park Improvements. Plans and specifications were advertised for bids in the Focus on March 6, 2008 and Construction Bulletin on March 10 and March 17, 2008. Thirty-two contractors or vendors requested copies of the bidding documents. Fourteen bids were received and publicly read aloud at the April 3, 2008 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The work includes, but is not limited to removal of existing bituminous pavement, removal of existing park shelter structure, erosion control, general site earthwork, asphalt drives and parking lots, concrete curbing, drainage & utility improvements, surface water quality improvements, electrical work and lighting, pre-fabricated shelter buildings, playground equipment installation, restoration (seed/sod}, landscape planting and related miscellaneous improvements. The low bid was submitted. by American. Liberty Construction, Inc.of Rockford, Minnesota, in the total base bid amount of $584,895.67 ($300,829.31 for Silver Lake Beach and $284,066.36 for Sullivan Lake). The low bid prices are approximately 1.1.4% under the Architect's Estimate of $345,000 for Silver Lake Beach and $315,000 for Sullivan for the base bids. The bidding document included several items listed as alternates to evaluate overall costs. These included: • Park plant materials (alternates A2- AS & Al-A7) • Park Restroom enclosures (alternate A10) • Bituminous paving of the asphalt trails (alternates A16 & A8) • Stone piers for the Sullivan Lake picnic shelter (alternate A9) (A descripticsn of each alternate and cost is found on the tlrchitect `s recommendation letter) Upon evaluation of the bids received, the low bid numbers are consistently low and the project architect and city staff recommmends accepting these alternates as they were removed from the base bids and identified as alternate bids depending on bids received. The total of the alternate bids is $57,229.93, for a final recommended contract amount of $642,125.60. To reduce project costs, staff applied for and received two grants for Silver Lake totaling $78,078. With these grants, staff recommends project funding as follows: 1. Park Capital Improvement Fund (412): $512,232 2. BSWR Grant: $42,588 3. RCWD Grant: $35,490 4. Storm Sewer Fund: $51.,815 The Park Capital Improvement Fund amount of $512,232 is consistent with the amount originally estimated by staff prior to Master Planning and any construction plan drawings. COUNCIL ACTION: 126 CITY COUNCIL LETTER Meeting of: 4/28/08 AGENDA. SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER DATE: ! ``~ ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen AWARDING A CONTRACT FOR CITY PROJECT #0805 DATE: 4/21/08 and #0806: 2008 SULLIVAN & SILVER LAKE BEACH PARK IMPROVEMENT PROJECTS Recommended. Motion.: Move to waive the reading of Resolution No. 2008-83, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution. No. 2008-83 accepting bids and awarding the 2008 Park Improvement Base Bids for Sullivan Lake and Silver Lake Beach, including Sullivan Lake Alternates AI through A10 and Silver Lake Beach Alternates A2 A8, Al0 and A16, Project numbers 0805 & 0806, respectively; to American Liberty Construction. of Rockford, Minnesota in the amount of $b42,125.60, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Kt-I: cb Attachments: Brauer Recommendation letter Resolution Bid Opening Minutes Bid Tabulation COUNCIL ACTION: 127 BRAVER St ASSOCIATES, LTD. 10417 EXCELSIOR BOULEVARD SUITE NUMBER ONE HopulNS, MN 55343 t~b:D t1si: €'E~Ywt~Ei~i~ Arab D€s~~~r,~ April 18`h, 2008 City of Columbia Heights Attn: Kevin Hansen, City Enguieer 637 - 38th Avenue NE Columbia Heights, MN 55421 TEL: 952-238-0831 FAX: 952-238-0833 Re: Recommendation to accept bid for the Sullivan & Silver Lake Beach Site Improvement Projects Mr. Hansen, A total of 13 bids were received for this parlc improvement project. The bids were very competitive with the maj ority being slightly less than our estimated construction costs. Some math errors were found and corrected and the end results had American Liberty Construction, Inc. as the successful low bidder for this project and therefore, we recommend the City of Columbia Heights execute a contract for the work in the total amount of $642,125.60. American Liberty Construction had the shelter bid numbers reversed, which have been placed in the correct Location by Brauer & Associates, Ltd., and therefore, has changed the Base Bid numbers around slightly for each park site to keep them accurate. The final contract amount includes the following items: 00500 Silver Lake Beach Base Bid 300,829.31 Add Alt. #A2 (Plant iYiateriats) 889.35 Add Alt. #A3 (Plant Materials) 773.79 Add Alt. #A4 (P1ant~Ytaterials) 885.52 Add Alt. #AS (Plant Materials) $41.05 Add Alt. #A6 (Plant Materials) 372.64 Add Alt. #A7 (Plant Materrals) 179.30 Add Alt. #A8 (P1nntMnterials) 8$$.24 Add Alt. #A10 (Resb•oorrr Enclosure on Pnd) 2,994.20 Add Alt. #A16 (tlsphaR trail panin,~ 5,259.10 00501 Sullivan Lake Base Bid 284,066.36 Add Alt. #Al (Plant Materials) 1408.32 Add Alt. #A2 (Plmrt Alnterinls) 841.05 Add Alt. #A4 (Plmrt Materials) 689.85 Add Alt. #AS (Plant Materials) 926.40 Add 7 Add ~ Add Alt. Add Alt. #A9 (Stour Add Alt. #A10 (r, Total Recommend 128 ~e also recommend setting aside a minimum constnlction contingency of 10% (approximately $61,000} to allow for any unknowns on the site that may requie changes to the plans. It has been a pleasure working with the City on this fun and exciting project and I eagerly look forward to seeing this project move ahead. If you have any questions or concerns, please call nae at (952} 238-0831 ext. 11. Sincerely, Brauer & Associates, Ltd. Candace C. Amberg, RLA 129 RESOLUTION NO. 2008-83 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 PARK IMPROVEMENTS, CITY PROJECT N0.0805 & N0.0806 TO AMERICAN LIBERTYCONSTRUCTION, INC. WI-IEREAS, pursuant to an advertisement for bids for City Project No. 0805 and 0806, Sullivan Lake Park and Silver Lake Beach Park, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: * Bid Tabulations are attached WHEREAS, it appears that American Liberty Construction, Inc., PO Box 547, Rockford, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with American Liberty Construction, Inc. in the name of the City of Columbia Heights, for the 2008 Sullivan Lake & Silver Lake Beach Park Improvements, City Project No. 0805 & 0806, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to ail bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 0805 & 0806 shall be funded with Parks Capital Improvement Funds, Storm Water Funds and Grant funds. Dated this 28th day of April 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 130 Bid Tabulation Sullivan & Silver Lake Beach Park Improvement Project City of Columbia Heights, MN Brauer and Associates, Ltd. Project #07-22A & 07-27 Bid Opening: April 3rd, 2008 @ 2:00 pm Bidders American Liberty Peterson Odessa II KA Witt Quiring Addendum #1 x x x x x Addendum #2 x x x x x Bid Bond x x x x x 00500 -Silver Lake $300 829.31 $319 891.16 $321 956.50 $330,590.00 $338 289.90 ' Beach Total Base Bid , , 00500 -Silver Lake Beach Total Add Alt. $34,467.67 $62,495.76 $41,396.00 $42,668.16 $43,609.00 Bid 00501 -Sullivan Lake $284 066.36 $285,119.18 $300,158.00 $307,200.60 $294 902.50 ' Total Base Bid 00501 -Sullivan Lake $47 628.24 $43 206.50 508.00 $53 $45 704.70 $50,191.00 Total Add Alt. Bid ' , , , Base + Alternates $666,991.58 $710,712.60 $717,018.50 $726,163.46 $726,992.40 Bidders Forest Lake WB Miller Do-Right Const. Fitol-Hintz Parkos Addendum #1 x x x x x Addendum #2 x x x x x Bid Bond x x x x x 00500 -Silver Lake $338 857.50 $362,781.50 $341,392.95 $363,000.00 $383,298.00 Beach Total Base Bid ' 00500 -Silver Lake Beach Total Add Alt. $35,987.00 $43,026.00 $50,779.00 $45,066.10 $39,045.00 Bid 00501 -Sullivan Lake $306 119.00 $283 987.00 $307,221.90 $303,900.00 $319,327.00 Total Base Bid ' , 00501 -Sullivan Lake $49 467.00 $45 109.00 $55,419.00 $50,850.00 $55,306.15 Total Add Alt. Bid ' , Base + Alternates $730,430.50 $734,903.50 $754,812.85 $762,816.10 $796,976.15 Bidders LS Black Veit Sunram Addendum #1 x x x Addendum #2 x x x ~ 131 Bid Band x x x 00500 -Silver Lake $346 740.69 $382 303.75 $463 037.15 Beach Total Base Bid , , , 00500 -Silver Lake Beach Total Add Alt. $57,276.60 $40,994.50 $58,191.30 Bid 00501 -Sullivan Lake $322 449.96 $340 310.00 $332 775.34 Total Base Bid ' , , 00501 -Sullivan Lake $71 971.05 $43 244.00 815.30 $66 Total Add Alt. Bid ' , , Base + Alternates $798,438.30 $806,852.25 $920,819.09 132 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, April 3, 2008 2008 Sullivan & Silver Lake Beach Park Improvement Projects Project 08-OS & 08-06 Pursuant to an advertisement for bids for Miscellaneous Concrete Repair and Installation, an administrative meeting was held on Apri13, 2008 at 2:00 p.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, Public Works Director/City Engineer Carol Broermann, Public Works Secretary Candace Amberg, Brauer & Associates, LTD. Ryan Sunram, Sunram Construction Brandon Witt, K.A. Witt Construction Dean Brenteson, Veit Construction Vern Brainard, American Liberty Construction Greg Novak, Do-Right Construction Jim Janson, Odesa II David Cape, Meadow Creek Lawn & Landscape Ryan Quiring, Quiring Excavating Rudy Fitol, Fitol Hintz Construction Janie Hintz, Fitol Hintz Construction W.A. Konarsch, Peterson Companies, Inc. Sarah Tichich, Ebert Construction Kim Semple, Parkos Construction Paul Provenzano, LS Black Construction Bids were opened and read aloud as follows: (attached) Respectfully submitted, Carol Broermann Public Works Secretary 133 Bid Tabulation Sullivan & Silver Lake Beach Park Improvement Project City of Columbia Heights, MN Brauer and Associates, Ltd. Project #07-22A & 07-27 Bid Opening: April 3rd, 2008 @ 2:00 pm Bidders American Liberty Peterson Odessa II KA Witt Quiring Addendum #1 x x x x x Addendum #2 x x x x x Bid Bond x x x x x 00500 -Silver Lake Beach $300,829.31 $399,891.16 $321,956.50 $330 590.00 $338 289.90 Total Base Bid , , 00500 -Silver Lake Beach $34,467.67 $62,495.76 $41,396.00 $42 668.16 ;$43 609.00 Total Add Alt. Bid , , 00501 -Sullivan Lake $284,066.36 $285,119.18 $300,158.00 $307 200.60 $294 902.50 Total Base Bid , , 00501 -Sullivan Lake $47,628.24 $43,206.50 $53,508.00 $45 704.70 $50 191.00 Total Add Alt. Bid , , Base + Alternates $666,991.58 $710,712.60 $717,018.50 $726,163.46 $726,992.40 Bidders Forest Lake WB Miller Do-Right Const. Fitol-Hintz Parkos Addendum #1 x x x x x Addendum #2 x x x x x Bid Bond x x x x x 00500 -Silver Lake Beach $338,857.50 $362,781.50 $341,392.95 $363 000.00 $383 298.00 Total Base Bid , , 00500 -Silver Lake Beach $35,987.00 $43,026.00 $50,779.00 $45 066.10 $39 045.00 Total Add Alt. Bid , , 00501 -Sullivan Lake $306,119.00 $283,987.00 $307 221.90 $303 900.00 $319 327.00 _ Total Base Bid , , , 00501 -Sullivan Lake $49,467.00 $45,109.00 $55,419.00 $50 850.00 $55 306.15 Total Add Alt. Bid , , Base + Alternates $730,430.50 $734,903.50 $754,812.85 $762,816.10 $'196,976.15 Bidders LS Black Veit Sunram Addendum #1 x x x Addendum #2 x x x Bid Bond x x x 00500 -Silver Lake Beach $346,740.69 $382,303.75 $463,037.15 Total Base Bid 00500 -Silver Lake Beach $57,276.60 $40,994.50 $58,191.30 Total Add Alt. Bid 00501 -Sullivan Lake $322,449.96 $340 310.00 $332 775.34 Total Base Bid , , 00501 -Sullivan Lake $71,971.05 $43,244.00 $66 815.30 Total Add Alt. Bid , Base + Alternates $798,438.30 $806,852.25 $920,819.09 CITY COUNCIL LETTER Meeting of: April 28, 2008 AGENDA SECTION: OTHER BUSINESS ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROV ~ ITEM: APPROVE 30INT POWERS AGREEMENT WITN BY: LINDA L. MAGEE BY: '~'~ -~,~ AivOKA CGUNTY FOR ASSESSMENT SERVICES DATE: d-IO-08 DATE: NO: In 1989, the City of Columbia Heights and Anoka County entered into a joint powers agreement for the County to provide for the assessment of property in Columbia Heights. In 199b, the Citv entered into a new six-year assessment contract with the County beginning January 16, 1996. In 2002, the City entered into a new six-year assessment contract with the County beginning January 16, 2002. That agreement expired January 15, 2008. Attached is a copy of the new five-year assessment contract, which will provide assessment services, beginning with the 2009 assessment through the 2013 assessment. The new agreement is for five years, rather than six, and includes an increase in the per parcel. billed rate structure in the second year of the contract. Currently, the rate structure is: Improved Residential $10.50/parcel Improved/LTnimproved Commercial/Industrial$60.00/parcel Improved/[Jnimpraved Apartments $60.00/parcel Unimproved Residential $ 3.50/parcel Effective for 2010 assessment services: Improved Residential $1.2.50/parcel Improved/Unimproved Commercial/Industrial$80.00/parcel Improved/LJnimproved Apartments $80.00/parcel Unimproved Residential $ 4.50/parcel The cost for each type of parcel for assessment services for 2011 through 2013 will be increased according to the County Assessor's increase in operating costs and cost of living and merit adjustments established by the Anoka County Board of Commissioners. Attached is a comparison of costs per parcel under the City's contract with Anoka County since 2002 and projected costs far 2009 and 2010. Staff recommends approval of the joint powers agreement with Anoka County for assessment services, effective January 1, 2008, to January 15, 2013. Mike Sutherland, Anoka County Assessor, will be present at the meeting to respond to questions. RECOMMENDED MOTION: Move to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2008--January 15, 2013, and to authorize the Mayor and City Manager to execute the agreement. COUNCIL ACTION: 135 ASSESSMENT SERVICES _ 2002. 2003 2004 2005 2006 2007 X008 2009 2010 Per Improved Parcel Rate $9.80 $10.50 $10.50 $10.50 $10.50 $10.50 $10.50 $10.50 $12.50 of Residential, Seasonal Parcels 6,485 6,490 6,513 6,491 6,586 6,606 6,777 6,777 6,777 Recreational, Residential & Agricultural Type of Pro erty Cost $63,553 $68,145 $68,387 $68,156 $69;153 $69,363 $"11,159 $71,159 $84,713 Per Improved & Unimproved Rate $57.64 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $80.00 Parcel Parcels 250 258 245 244 260 241 246 246 246 of Commercial, Industrial, & Public Utili T e of Pro e Cost $14,410 $15,480 $14,700 $14,640 $15,600 $14,460 $14,760 $14,760 $19,680 Per Improved & Unimproved Rate $57.64 $60.00 $60.00 $60.00 $60.00 $60.00 9>60.00 $60.00 $80.00 Parcel of Apartment & Parcels 152 161 111 123 120 123 125 125 125 Mobile Home Park Type Property Cost $8,761 $9,660 $6,660 $7,380 $7,200 $7,380 57,500 $7,500 $10,000 Per Unimproved Residential, Rate $3.29 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $4.50 Seasonal Parcel 63 58 68 64 194 198 164 164 164 Recreational Residential & Agricultural Pro e Cost $207 $203 $238 $224 $679 $693 $574 $5'74 $738 TOTAL $86,931 593,488 $89,985 $90,400 X92,632 $91,896 $93,993 X93,993 $115,131 040208 136 CITY COUNCIL LETTER Meeting of: 4/28/08 AGEI~iDA SECTION: OTHER BUSINESS ORIGINATIl`~G DEPARTMENT: ~ CITY MANA PUBLIC WORKS ~ ITEM: LEASING OF MUNICIPAL SERVICE CENTER BY: K. Hansen BY, ?~ SPACE FOR VERIZON COMMUNICATION ANTENNA DATE: 4/24/08 I DATE: Background: The City has been contacted by Verizon Wireless with regard to leasing space at the Municipal Service Center for a PCS antenna facility. This service area that includes Columbia Heights has experienced coverage drops. The attached map depicts the proposed location in the northeast corner of the rear lot of the Municipal Service Center. Under the lease, Verizon Wireless would install a 110-foot tall monopole along with an equipment building on the ground and connecting equipment. The equipment building would be approximately an 11'6" x 30' in a 25' x 55' lease area, which would be chain link fence enclosed. Verizon. Wireless would be responsible for all maintenance of their equipment and for removal of the equipment if work needs to be done on the tower. The attached lease is in the final form having been reviewed by the City Attorney working with representatives of Verizon Wireless for final content, including lease rates. The main points of the lease are: • Initial. annual lease rate: $16,000 • Annual escalation on lease: 3% • Initial term: 5 years • Renewable term: Four additional., five-year terms. Staff discussed. the lease proposal with the SRA attorney (their comments are attached). The type of construction in this case is different from a Water Tower lease in that the facility is a ground up build - requiring a much more significant capital investinent. The market has seen lease rates adjusted to reflect this. The SRA commented that a range of annual leases is $12,000 to $20,000 annually, reflecting fair to excellent site conditions. The MSC rear lot will require soil corrections which reflects a middle range annual lease rate. The lease rate of $1.6,000 per year is within the range of $12,000 to $20,000 per year from discussion with SRA. An additional pra~ision of the lease is that any future co-locators that will pay a ground rent fee directly to the City. This month co-locator rent would. also be tied to the 3% annual escalator. An example is provided as follows: Co-Locator fee of $500/month = ($6,000/year) per carrier. VZW ground rent ($16,000/yr) + 1 additional co-locator = ($6,000/yr) _ $22,000/yr to City VZW ground rent ($16,000/yr) + 2 additional co-locators ($12,000/yr) _ $28,000/yr to City Staff feels that by leasing space at the Municipal Service Center, the City will gain another form of revenue with minimum impact. Staff recommends that the Council consider dedicating the revenue from this lease to the acquisition of the lot directly south of the Public Works rear lot, owned by Hilltop Trailer Sales. Staff has been contacted by Hilltop Trailer Sales, who are interested in working with the City of Columbia Heights on selling this lot. The 25' x 55' lease space as shown allows adequate access to the salt storage shed. It will require a minor amendment to the COUNCIL ACTION: 137 CITY COUNCIL LETTER Meeting of: 4/28/08 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT' CITY MANAGER PUBLIC WORKS a 8 ITEM: LEASING OF MUNICIPAL SERVICE CENTER BY: K. Hansen BY: ~~'~ -• SPACE FOR VERIZON COMMUNICATION ANTENNA DATE: 4/24/08 DATE: existing parking Lease with InvestCast. Staff has met and discussed the layout with the owners of InvestCast -who are agreeable to the minor amendment to their existing lease with the City. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Verizon Wireless for the use of designated space at the Municipal Service Building, 637 38~' Avenue N.E. (rear lot). Attachment: Lease Agreement Site Map KH:cb COUNCIL ACTION: 138 LAND LEASE AG>12EEMEld1T This Agreement made this day of , 2008, between City of Columbia Heights, a Mimlesota municipal corporation, with a mailing address of 637 38th Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter designated LESSOR and Verizon Wireless (VAW} LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 {telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively refen-ed to hereinafter as the "Parties" or individually as the "Party". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property legally described in Exhibit "A" attached hereto and made a part hereof (the entirety of LESSOR's property is referred to hereinafter as the Property}, located at 637 38t1' Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, and being described as a 22 by SS foot parcel contaiiuilg approximately 1,210 square feet (the "Land Space"}, together with anon-exclusive easement for access and utilities thereto seven (7) days a week, twenty four (24) hours a day during the term of this lease. Said Land Space hereinafter referred to as the "Premises" being substantially as described herein in Exhibit "A". 2. SURVEY'. LESSOR also hereby grants to LESSEE the right to survey the Property aizd the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof. Cost for such work shall be borne by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (a hereinafter defined) at which time rental payment shall coilunence for the initial lease year and be due at a total annual rental of Sixteen Thousand and No/100 Dollars ($16,000.00) to be paid in equal annual installments an the first day of each lease year, in advance, to LESSOR or to such other person, fine or place as LESSOR may, from time to time, designate in writing at least thirty (30} days in advance of any rental payment date by notice given in accordance with Paragraph 22 below. The initial term shall comaence on J>az>!e 1< 20Q8, or the first day of the month following the date LESSEE commences installation of the equipiment on the Premises, whichever occurs first (either the "Coinmenceiment Date"}. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date in the event the Commmencement Date is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the Corrunencement Date is the fixed date set forth above, there shall be no written aclalowledgement required. LESSOR aizd LESSEE acknowledge and agree that the initial rental payment may not actually be sent by LESSEE until thirty (30) days after the Commencement Date or after a written acknowledgement confirming the Commencement Date, if such an acknowledgement is required. MINC Columbia Heights and Lease Agreement i120629v2 139 Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. Rent for each subsequent lease year shall be increased by three percent (3%) of the previous lease year's anlraalized rental. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current teen by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current tenor. 5. INTENTIONALLY OMITTED. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5} year extension term this Agreement has not been tenminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in farce upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until tenminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such tenor. 7. USE• GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain 11171{ construction or similar but comparable construction maybe placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, al~Itern7as and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term (subject to the restrictions and limitations set forth in paragraph 12 hereof). In the event that (i) any govel-I7lmental approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or tenminated by governlmental autl7ol-ity; (ii) LESSEE determines that the Premises is no longer technically compatible for its use, or (iii) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. MINC Colmnbia HeigUts Lard Lease Agree~nert 1120629x2 2 140 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence ar willful misconduct of the other Parry, or its employees, contractors or agents. 9. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE shall, at its own cost and expense, maintain commercial general liability insurance with limits not less than $1,000,000 for any one occurrence and $5,000,000 general aggregate. These limits maybe satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy is no less than the underlying comprehensive general liability coverage. c. LESSEE shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A- or better} by Best h7surance Guide, licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 9. LESSEE will name LESSOR as an additional insured on the general liability policy. The Certificates} shall also provide the coverage may not be canceled without at least thirty (30} days prior written notice to LESSOR. 10. LIMITATION OF LIABILITY, Except far indemnification pursuant to paragraphs 8 and 28, neither Party shall be Liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. MINC Columbia HeighCs Land Lu'aSc Agreement 1120629v2 3 141 12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all cormzmercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equip~r~ent that is of tree type and frequency vYh~ch `,~'~11 not ca~ase harmful ~:lterference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Tenn, or within ninety (90) days after any earlier termination of the Agreement, remove its building{s), antenna structure{s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures alid personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attaclunents to real property under applicable Laws (as defined in Paragraph 32 below}. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing annual rate on a monthly pro-rata basis until such time as the removal of the building, antenna structure, fixtures aild all personal property are completed. 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 13 anal this Paragraph 14, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be increased to one hundred and fifty percent (150%) of the rent applicable during the month immediately preceding such expiration or earlier termination. 15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Tern to grant to a third party by easement or other legal instrument an interest in and to any portion of the Property occupied by LESSEE for the purpose of operating and maintaining colnlnunications facilities or the management thereof, with or without an assigmnent of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terns and conditions of such offer. If LESSEE fails to meet such bona fide offer within M1NC Columbia Heights Land Lease Agreement 1120629v2 4 142 thirty (30} days after written notice thereof from LESSOR, LESSOR may sell ar grant the easement or interest in the Property or portion thereof to such third person in accordance with the teens and conditions of such third party offer. 16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide to sell, transfer or grant to a third party by easement or other legal instnament an interest in and to that portion of the Property occupied by LESSEE, such sale or grant of an easement or interest therein shall be under and subject to this Agreement. 17. INTENTIONALLY OMITTED. 18. INTENTIONALLY OMITTED. 14. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall eat affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 20. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of Minnesota. 21. ASSIGNMENT. This Agreement imay be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE'S assets in the market defined by the Federal Caimmunications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be said, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assigmment hereunder. Subject to paragraph 12 above, LESSEE inay sublet space on its tower within its sale discretion, upon notice to LESSOR, but LESSEE shall not sublet its ground space. Subject to paragraph 12 above, LESSOR may within its sole discretion lease the groltnd space outside of the Premises to others, including tenants subleasing tower space from LESSEE. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. MINC Columbia Heights Land Lease Agreement 1120b29v2 5 143 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, retuni receipt requested or by commercial courier, provided the courier's regular business is delivery sezvice and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by Like notice): LESSOR: City of Columbia Heights c/o City Manager 590 40t'' Avenue Northeast Columbia Heights, Minnesota SS421 LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. INTENTIONALLY OMITTED. 25. RECORDING. LESSOR agrees to execute a Memorandum in a form acceptable to LESSOR which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to coznznencement of either the Tenn or rent payments. 26. DEFAULT. a. In the event there is a breach by LESSEE with respect to aziy of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty {30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written MINC Columbia Heights Land lease Agreement 1120G29v2 144 notice of such breach. After receipt of such written notice and except for a breach of a material provision of this Agreement, LESSOR shall have thirty (30} days in which to cure such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30} days if the nature of the cure is such that it reasonably requires more than thirty (30} days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to coznpietion. LESSEE may riot maintain any action ar effect az7j% remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the tune periods provided in this Paragraph. 27. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement, ~.~ithout lizni±ing Il.e zzoz.-defa~wlting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non- defauiting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Paz-ty under the Laws or judicial decisions of the State of Minnesota. 28. ENVIRONMENT. a. LESSEE will be responsible for and will defend, indemnify, and hold LESSOR, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys fees and costs, arising out of or in connection with the cleanup or restoration of the Premises resulting froze LESSEE'S use of Hazardous Materials, except to the extent such claims, costs, and liabilities may be due to or caused by LESSOR, or its employees, contractors or agents. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. LESSOR represents that it has no knowledge of any Hazardous Materials on the Premises. b. LESSEE represents and warrants tl~at its use of tl?e Premmises will not generate and LESSEE will not illegally store or dispose of on the Premises, nor transport to or over the Premises, any Hazardous Materials, unless LESSEE specifically informs LESSOR thereof in writing twenty-four hours prier to such storage, disposal or transport, or otherwise as saon as LESSEE becomes aware of the existence of Hazardous Materials on the Premises. LESSOR and LESSEE acknowledge that LESSEE shall be utilizing and maintaining on the Property sealed batteries, propane/diesel/gasoline, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation ar breach of the preceding sentences of this paragraph. The obligations of this Paragraph 28 shall survive the expiration or other termination of this Lease. 29. INTENTIONALLY OMITTED. 30. CONDEMNATION. In the event of any taking of the Premises under the power of eminent domain, LESSEE shall not be entitled to any portion of the reward paid for the taking and the LESSOR shall receive full amount of such award. LESSEE hereby expressly waives any MINC Columbia Heights tend Lease Agreement 1120624v2 7 145 right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to LESSOR, LESSEE shall have the right to claim and recover from the condemning authority, but not from LESSOR, such compensation as may be separately awarded or recoverable by LESSEE on account of any and all damage to LESSEE's business and any costs or expenses incurred by LESSEE in moving/removing its equpir~ent, personal property, and leasehold improvements. 31. INTENTIONALLY OMITTED. 32. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises and at T_.ESSEE's sole cost and expense, comply with (a} all Laws relating solely to LESSEE'S specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 33. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination ar expiration. 34. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto leave set their hands the day and year below written. LESSOR: City of Columbia Heigl2ts, a Minnesota municipal corporation By: Gary Peterson Its: Mayor By: Walter R. Fehst Its: City Manager Date: LESSEE: Verizon Wireless (VAW} LLC d/b/a Verizon Wireless By: Beth Ann Drohan Its: Midwest Area Vice President -Network Date: Aclcr~owledgrne~zts otz followi;rzg page MINC Colwnbia Heights Land Lease Agree~neni 1120629v2 8 146 ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. COUNTS' OF ANOKA ) This instrument was acknowledged before me on , 2008, by _ Gary Peterson, the Mayor and Walter R. Fehst, the City Manager far the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. Signature of Person Taking Acknowledgment {Seal, if any) Title or rank. Serial Number, if any STATE OF ILLINOIS ) ss. COUNTY OF COOK ) LESSEE ACKNOWLEDGMENT On this day of ~ , 200_, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Tvlidwest Area Vice President -Network of Vei-izan Wireless (VAW) LLC dJb/a Verizon Wireless, that executed the foregoing instrument, and aclalowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Sjez-izoi. Wireless, for the uses and purposes therein mentioned, and on oath stated that sl_~e is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Illinois My appointment expires: MINC Colwnbia Heights Land Lease Agreement 1120629v2 9 147 EXI11bLt cuss (Legal Description} Page 1 of 2 Lots 18 to 31 inclusive, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lots 9 to 18 inclusive, Block 8$, except the South 63 feet of Lots 9 to 18; Columbia Heights Annex to Miruieapolis, Anoka County, Minnesota; and Lots 6 a,~d 7, Block 88, Col_urnbi_a Heights Annex to Minneapolis; Anoka County, Minnesota; and Lot 8, Block 88, except the South 63 feet of the West 10.5 feet, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Together with all that part of vacated 38th Avenue N.E. from the extended west line of Lot 18, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota to a line parallel with and 15 feet west of the west line of Lot 5, Block 88, as evidenced in Ordinance No. 7$6, filed as Document No. 369794, Columbia Heights Annex to Mirnleapolis, Anoka County, Minnesota. MINC Columbia Heights Land Lease Agreement 112Q629v2 10 148 Exhibit "A" (Sketch of Premises} Page 2 of 2 _. ___ __ _._ ._-.. 38TH PLACE NE ~ Y ,38TH PLACE NE ( . .,. -" }} .,.: r ~ , q '' ~ .. ~,+.~ : \ ~ ,r~ // .^~ fly ~~ ~ / ,~,./ •. .. ,' ~, I F- "'~ f :.._ ~'`~ [/7 A, ' ~~ i `, f f f ~' --~ z' ii j ~. a ~ ~ / ~ / r .J . ~` i,- ~ ._.,~`_ ., . ~_ ~.... . _-._ / ,LESSEE fi811I5E IFFA _ 1, ~- ~. ' i ~r'~ _ ~ I _ v E i f, r ,. ..- .. j iEE ff ~ ~ "k,. ~ 11 .. _~ Ltll i 1 4 / / i _,. _.. / I Ir,~ ~ ~ L x ~ ` ~ i // y ! poi I I f;~ ~~ k ~! ~ j ~ ~ _ ;.-... ~; z ~ ar ... .. ..~. . ~_.._.._.. O ' ~ ~ ~ .. ,: N NDRTH ~ ~ ~~ 1 e,,' . Ir M1NC COLUMBIA L_.___`~-__._--.-,-.~ ; HEIGHTS MINC Columbia Heights Land Lease Agreement 1120629v2 149 CITY COUNCIL LETTER Mee~tin of: A ri128, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: 2nd Reading Ordinance No.1540, BY: Scott Clark BY: d ,~ --° ~ Issuance and Sale of Taxable G.O. DATE: March 22, 2008 ~ `~,~ '~ :. '~~~ Housing Improvement Area Bonds, Series 2008A Background: Attached is the Second Reading for Ordinance No.1540 for the sale of approximately $2,785,000 in taxable general obligation housing improvement area bonds for Sullivan Shores, a sales date of June 23, 2008 is anticipated. As a next step, staff will bring to the City Council on May 12, 2008 a Development Agreement and a Disbursement Agreement between the City and Sullivan Shores that will contract how the disbursement of fields will be made, memorializing on-going reserves and payment for administrative services, inspections, etc. Recommended Motion: Move to waive the reading of Ordinance No. 1540, there being ample copies available to the public. Move to adapt Ordinance No. 1540, an Ordinance providing for the Issuance and Sale of Approximately $2,785,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A. Attaclanzent: Draft Ur°dinance 1540 COUNCIL ACTION: 150 CITY OF COLUMBIA HEIGIITS ORDINANCE NO. 1540 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,785,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has proposed to establish the Sullivan Shores Housing Improvement Area (the "HIA"} pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the ``Housing Improvement Act"), in order to finance certain housing improvements within the HIA; and (b) In accordance with the Housing Improvement Act, the City has received a petition signed by more than 25% of the owners of housing units within the HIA, and has held a duly noticed public hearing regarding an ordinance establishing the HIA and a resolution imposing a housing improvement fee on housing units in the HIA (the "Fee") in order to finance housing improvements within the HIA; and (c) On March 24, 2008, the City Council adopted the ordinance establishing the HIA and the resolution imposing the Fee on all housing units in the HIA, which ordinance and resolution are effective May 12, 2008 (i.e., 45 days after adoption); and (d) The City expects to enter into a development agreement (the "Agreement) with the Sullivan Shores Townhouses Association, Inc. (the "Association"), regarding construction of the housing improvements; (e} It is necessary and expedient to the sound financial management of the affairs of the City to issue its Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") in a principal amount not to exceed $2,785,000, pursuant to the Housing Improvement Act and the City Charter; and (f) The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(e), in accordance with terms of proposal approved by the City Manager and Finance Director. The City Council will meet on June 23, 2008 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds, subject to (a) the HIA ordinance and fee resolution becoming effective on May 12, 2008, without the timely filing of objections resulting in a veto under Section 428A.18 of the dousing 151 Improvement Act; and (b} the City and Association each having approved and executed the Agreement. 3. This ordinance shall be in full farce and effect from and after thirfiy(30} days after its passage. First Reading: Second Reading Date of Passage: Offered by: Seconded by: Roll Call: March 24, 2008 Apri128, 2008 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 1~2 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting date: April 28, 2008 AGENDA SECTION: Public Hearings No. ITEM: Second Reading of Ordinance No. 1542, amending Chapter 8, Article No: II of City Code ORIGINATING DEPARTMENT: Fire BY: Gary Gorman DATE: April 16, 2008 City Manager's Approval: ~'`~ ~~ ~' ' Background: Chapter 8, Article II of City Code is being amended to allow for immediate abatements, based on a list of violations approved by Council Resolution, to be conducted in a shorter period of time without a prior Public Hearing. The abatement process now used requires about two months of time. The proposed process will be similar to the process now used for long grass and junk vehicles. Recommendation: To amend Chapter 8, Article II of City Code, which covers Public Nuisances, to provide for a faster and a more efficient process to inspect and abate violations such as: appliances, garbage and trash, hazardous items, snow shoveling and outside storage. As recommended by the City Attorney, the words "summary enforcement and/or" have been removed from the Ordinance, and do not result in a significant change. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1542, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1542, being an Ordinance amending Ordinance 1490, City Code of 2005 allowing immediate public nuisance abatement. Attachment: Proposed Ordinance 1542 COUNCIL ACTION: 153 ORDINANCE 1542 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005 ALLOWING IMMEDIATE PUBLIC NUISANCE ABATEMENT The City of Columbia Heights does ordain: Chapter 8, Article 2, Sections 8.206 and 8.207 of the Columbia Heights City Code be amended as follows: 8.206 ABATEMENT. (A) Notice. Except for those cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C} Emergency procedure; immediate abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in sub- divisions (A) ar~d (B) of dais section ~~~ill permit a continuing nuisance to azrreasonably endanger public health, safety or welfare, the City Council may order immediate abatement of the nuisance. (a) The City Council may, by resolution, identify specific emergency situations in which an immediate abatement shall occur. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. 8.207 RECOVERY OF COST. 154 (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Treasurer. (B) Assessment. If the abatement cost as determined above is not paid by the owner, the City Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 42y.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 14, 2008 Second Reading: Apri128, 2008 Date of Passage: Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 155 CITY COUNCIL LETTER Meeting of Apri128, 2008 AGEI~IDA SECTION: Resolutions ORIGINATIIvTG DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolutions For BY: Gary Gorman BY: ,~, , ;f License Revocation. ° DATE: Apri121, 2008 DATE: NO: 08-93 to 08-97 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-93 - 1230-32 Circle Terrace Blvd. 2008-94 - 660-662 47-1/2 Avenue 2008-95 - 4636 Washington St 2008-96 - 1337-39 Circle Terrace Blvd. 2008-97 - 4554 6t" St 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. Number 2008-93, 2008-94, 2008-95, 2008-96, 2008-97 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-93, 2008-94, 2008-95, 2008-96, 2008-97 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Ch apter JA, Article IV, Sectior. 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 156 RESOLUTION 2008-93 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Jeffrey Ambrose (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1230-32 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 10, 2008 of an public hearing to be held on April 28, 2008. Now, therefore, in accordance with the foregoing, and ail 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 March 1, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 10, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the properly and noted two 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 April 16, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one 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- wn: a. 1230 -Shall repair the ceiling outside the downstairs bathroom 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 F83805 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. A11 tenants shall remove themselves from the premises within 60 days from the first 157 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 158 RESOLUTION 2005-94 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Dwight Larson (Hereinafter "License Holder"). Whereas, License holder is the legal owner of the real property located at 660-662 47-1/2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Cade, 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 March 27, 2008 of an public hearing to be held on Apri128, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 21, 2007 inspectors for the City of Columbia Heights inspected the property described above and noted thirteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 27, 2007, the property owner requested and received an extension of time to complete the repairs. The property was not occupied and going to remain vacant until violations were corrected. 3. That on January 29, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted four violations remained uncorrected from the initial license inspection. The remaining violations were on the 662 side which remained unoccupied. An extension of time was given sa that the violations could be corrected. 4. That on March 27, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That on April 16, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that four violations remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: 1. 662 -Shall repair the hole in the basement ceiling 2. 662 - Sha11 replace the missing closet door on the northwest bedroom 3. 662 -Shall repair the hole in the bathroom flooring and the 4. 662 -Shall repair the kitchen cabinets 7. That all parties, including the License Holder and any occupants or tenants, have 159 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 F8722 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order an 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: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 160 RESOLUTION 2008-95 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 Amina Joy Yakubu (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4636 Washington 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 April 1, 2008 of an public hearing to be held on Apri128, 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 February 15, 2008 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April l , 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- wn: a. Failure to schedule a rental properly inspection. b. Failure to submit relicensing paperwork. 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 F8332 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; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the 1_icense as held by License Holder. 161 Passed this day of 2008 Offered by: Second by: Roll Cali: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 162 RESOLUTION 2008-36 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 James D. Peterson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1337 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 2, 2008 of an public hearing to be held on Apri128, 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 February 15, 2008 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the properly records. 2. That on Apri12, 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 Cade were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit relicensing paperwork. 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 F8322 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. 163 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 164 RESOLLJTI©r~ 2©08-97 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Kenneth Lindsay (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real property located at 4554 6t'' 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 April 10, 2008 of an public hearing to be held on April 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 3, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 10, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property anal noted three violations remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on April 22, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall install a smoke detector in the hallway outside the bedroom b. Shall replace the front door deadbolt lock with a thumbturn style deadbolt lock. c. Shall remove ail/any outside storage from the property. 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 F8873 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on 165 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 pasting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 166 CITY COUNCIL LETTER Meeting of April 28, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ~ ~ ITEM: Adopt Resolution For BY: Gary Gorman BY Abatement E DATE: Apri121, 2008 DATE: NO: 2008-98 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-98 - 1355-1357 Circle Terrace Blvd. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-98 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-98, being a resolution of the City Council of the City of Columbia Heights declaring 1355-1357 Circle Terrace Blvd. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: r 167 RESOLUTION 2008-98 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 Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd., 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 April 1, 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 March 28, 2008 the Fire Department was notified that a vacant house at 1355-57 Circle Terrace Blvd. N.E. may have a broken water pipe and water maybe flowing inside the structure. Inspectors responded and checked finding no signs of a problem. The Water Department noted the water meter counters. 2. That on March 31, 2008 the Water Department noted that over the weekend there was a large amount of water usage in the vacant house. The Fire Department was contacted and the Fire Department called the building owner to notify them of the potential problem. 3. That on April 1, 2008 the Fire Department received a phone call from the owner of the property who stated "Do what you have to do". 4. That on April 1, 2008 the Fire Department forced entry to the structure to stop the water problem. The Public Works Department shut the water off. The Fire Department secured the property to prevent unauthorized entry. 5. That on April 1, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 6. 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 immediate abatement of the public nuisance/hazardous building located at 1355-57 Circle Terrace Blvd. N.E. 7. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1355-57 Circle Terrace Bvld. 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. 168 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 1355-57 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to C?ty 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 169