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HomeMy WebLinkAboutDecember 8, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NF, Columbia Heights, NIN 15421-3878 (763}706-3600 TDD (763} 706-3692 trsit ourwebsite aL• www.ci.columbia-lzeiQhtr.nvn.us Manor Garry /.. Peterson Councilmernbers Robert A. Williams Bruce .~Vawrocki Tanzmera Diehns Bruce KeLenfierg City Mmruper Id'alter R. FeFist The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 08, 2008 in the City Council Chambers, City Nall, 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 h•eatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-369? for deaf or hearing impaired only) I. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Lorraine Mell, Immaculate Conception Pastoral Minister 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, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.} A. Approve minutes of the November 24 2008 City Council meeting and the December 1, 2008 Truth in Taxation meeting. p6 MOTION: Move to approve the minutes of the November 24, 2008 City Council meeting. MOTION: Move to approve the minutes of the December 1, 2008 Truth in Taxation meeting. PZ $ B. Accent minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the December 2, 2008 minutes of the Planning and Zoning p33 Commission. C. Adopt Resolution 2008-303 Adopting 2009 Seasonal and Temporar~Wage Adjustments p42 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-303, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2009. City Council Agenda Monday, December 08, ?008 Page 2 of 5 D. Approve the Transfer of Funds from General Fund to Police Department Budget to Reunburse Overtime Fund re: Detox transports p48 MOTION: Move to transfer $180 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. E. Adopt Resolution 2008-305. being a Resolution approving acquisition of property located at Pso 4636 Palk Street and Resolution 2008-313, being a Resolution approving terms of interfund loan in connection with K-mart/Central Avenue TIF District ^viOTiO1`d: Move to w'aivC the Reading Gf RGSCiliitiCin 2v~cQi-30~, thcrc being ai"i "ample aiTlvunt of copies available to the public. MOTION: Move to adopt Resolution 2008-305, being a Resolution approving acquisition of property located at 4636 Polk Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MOTION: Move to waive the Reading of Resolution 2008-313, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-313, being a Resolution approving terms of interfund loan in connection. with. K-mart/Central Avenue TIF District. F. Approve Demolition Contract for 4631/33 Pierce Street pss MOTION: Move to approve the Demolition Contract for 4631./33 Pierce Street per bid specifications in the amount of $13,985 between the City of Columbia Heights and Kevitt Excavating, LLC. G. Adopt Resolution No. 2008-306, being a Resolution adopting the 2008-2009 Snow and Ice p58 Control Policy. MOTION: Move to waive the reading of Resolution No. 2008-306, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-306, adopting the 2008-2009 Snow and Ice Control Policy for the City of Columbia Heights. H. Approve Change Order No. 1 for the Park Improvement Proiects: Sullivan Park and Silver Lake Beach Park -Project 0805-0806. MOTION: Move to authorize Change Order No. 1 for Environmental Remediation (Soils), p76 Utility work or relocations for the Silver Lake Beach. Improvements, City Project 0805 to American Liberty in the amount of $37.165, to be funded out of the storm sewer fund 604- 49650-5185. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. p80 MOTION: Move to approve the items listed for rental housing license applications for December 8, 2008. J. Approve Business License Applications pea MOTION: Move to approve the items as listed on the business license agenda for December 8, 2008 as presented regarding the licenses for 2009. 2 City Council Agenda Monday, December 0$, 2008 Page 3 of 5 K. Approve payment of the bills ps4 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 128293 through Check Number 128468 in the amount of $4,810,785.35. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2008-312 being a Resolution approving a 2-foot side yard variance for an p92 addition to 4826 W. LJnland Crest. MOTION: Move to waive the reading of Resolution 2008-312, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2008-312, approving a 2-foot side yard setback variance for the construction of an addition to the house located at 4826 W. Upland Crest, subject to the conditions outlined in Resolution No. 2008-31.2. B. 2~,d Readir,~ ofOrdinaiice No. i56v authorizing conveyance of certain real estate located at 950 40th Avenue and Adopting Resolution 2008-304 Business Subsidy A~reetnent with Stadium pion Vi11a~e• MOTION: Move to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. MOTION: Move to approve Ordinance No. 1560, authorizing conveyance of certain real estate located at 950 40th. Avenue. MOTION: Move to waive the Reading of Resolution 2008-304, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-204, a Resolution approving a Business Subsidy Agreement between the City and Stadium Village Properties, LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C. Adopt Resolution 2008-31.1, 3937 Main Street N E being a declaration of nuisance and p116 abatement of violations within the City of Columbia Heights MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-311 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-311 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. D. Adopt Resolutions 2008-307, 943 42nd Avenue N E 2008-308 950-5~ 44-1/2 Avenue N E pii9 2008-309 1200-02 Circle Terrace Blvd. N.E., and 2008-310 4506-08 Fillmore Street N E being Resolutions of the Citv Council of the City of Columbia Hei hg is approving 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 Numbers 2008-307, 308, 309, and 310 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-307, 308, 309, and 310 being Resolutions City Counci] Agenda Monday, December 08, 2008 Page 4 of 5 of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I~, Section SA.408(A) of the rental licenses listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Accept the bid. and award the contract for Columbia Heights Public Safety Center Bid Package 3 and accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 piaa Alternate 1 bid. MOTION: Move to accept the bid and award the contract far Columbia Heights Public Safety Center Bid Package 3. Division CH3-04-1 to Crosstown Masonry, Inc. in the amount of $1,085,000.00 base bid far a total contract award of $1,085,000.00; Division CH3-OS-1 to D & M Iron Works, Inc. in the amount of $151,000.00 base bid for a total contract award of $151,000.00; Division CH3-07-1 to Lake Area Roofing & Construction, Inc. in the amount of $344,147.00 base 'bid and. accept Alternate # l3 as listed for a total. contract award of $275,683.00; Division CH3-08-1 to Overhead Door Co. of the Northland in the amount of $115,700.00 base bid for a total contract award of $ l 15,700.00; Division CH3-08-2 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-1 to in the amowlt of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-2 to M. Reinert Drywall, Inc. in the amount of $190,000.00 base bid and accept Alternate 10 as listed for a total contract award of $190,500.00; Division CH3-09-3 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-4 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-5 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-6 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-7 to in the amount of $ base bid and accept Alternates as ]fisted for a total contract award of $ ; Division CH3-14-1 to in the amount of $ base bid and accept Alternates as Listed for a total contract award of $ ; Divisions CH3-15-1 to MN Mechanical, Inc. in the amount of $554,700.00 base bid for a total contract award of $554,700.00; Division CH3-15-2 to Master Mechanical, Inc. in the amount of $988,700.00 base bid for a total contract award of $988,700.00; Division CH3-15-3 to GTI, Inc. in the amount of $295,000.00 base bid far a total contract award of $295,000.00; Division CH3-15-4 to Brothers Fire Protection, Inc. in the amount of $89,700.00 base bid for a total contract award of $89,700.00; Division CH3-16-1 to Gopher Electric Contractors, Inc. in the amou~lt of $1,074,700.00 base bid and accept Alternate #6 as listed for a total contract award of $897,304.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 4 City Council Agenda Monday, December 08, 2008 Palle 5 of 5 MOTION: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase I Alternate I bid. Division CH1-02-2 to Bituminous Roadways, Inc. in the amount of $50,500.00; Division CHI-03-1 to North Country Concrete, Inc. in the amount of-$110,000.00 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. Other Business Beim a Resolution Adoptiu~ a Budget for the Year 2009 Setting the City General Lev,~d Bondi ey r> p149 Move to waive the reading of Resolution 2008-314 there being ample copies available to the public. Move to adapt Resolution 2008-314 being a resolution adapting a budget for 2009, setting the City General Levy at $7,214,117, and reaff>rming the previously approved bond levies of $488,246. 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 ~ ',~ __. U,r°r Wal r R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGIITS CITY COUNCII. MEETING NOVEMBER 24, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 24, 2008 in the City Council Chambers, City Nall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions and Ordinances may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember I~eizenberg Invocation by Rev. Jin Kim, Church of All Nations. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Numbers 2008-285, 291, 298, 301, and 302 in that the properties have been brought into compliance. Nawrocki requested to add the budget, assessment policy, and apology from the City Attorney. Peterson placed. these items under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Paid-On-Call Firet3ghter Retirements Fire Chief Gary Gorman acknowledged the retirement of Paid-On-Call Firefighters Scott Jester and Rich LaBounty and thanked them for their 23 plus years in the department. They are a big part of the department's family and have touched the lives of many in the community. We are very proud of their professionalism and dedication to our city. Scott Jester spoke of his tenure with the Fire Department. LaBounty thanked everyone for letting him serve the community and the Fire Fighters for their friendship. Mayor Peterson thanked the gentlemen for their service. B. Presentation Library Foundation Board presentation to Tasty Pizza Marlaine Szurek, Library Foundation Board, thanked Todd Estrem for his support and assistance with the Library spaghetti fundraiser and presented him with a plaque from the Library Foundation.. Peterson spoke of his long history with Todd and his father and their history of generous sponsorship in the community, and thanked Todd for his continued support. Szurek indicated that on December 7`" the Library Foundation is sponsoring the film "Christmas Story" with a silent auction at Heights Theater. The proceeds will go toward the new library fund. Deb Johnson, a member of the First Lutheran Church choir, stated they will sing at Carngey Hall next year, and they will host a fundraiser event on Friday, December St" to raise funds for their trip. Williams asked that Estrem introduce his daughter, who will be the next generation of contributors in our community. Estrem introduced. his daughter, Allie. City Council Minutes Monday, November 24, ?008 Page 2 of 22 Nawrocki stated that on December 6`" the Sister City committee is holding a tea fundraiser at our local Historic Bed and Breakfast to raise funds for the students of Lomianki, Poland who will visit our community next year. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items: Nawrocki requested to remove E, F, and H, with an explanation of item C. A. Approve minutes of the November 10, 2008 City Council meeting. Motion to approve the minutes of the November i 0, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the October 7, 2008 Library Board meeting. Motion to accept the minutes of the September 24, 2008 Park and Recreation Commission meeting. Motion to accept the minutes of the October 16, 2008 Charter Commission meeting. C. Establish work session meeting an "2009 Housing Financial Strategy" for Monday December 8 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. Fehst stated this is to discuss a housing financial strategy for 2009, and possible Federal funding available through the County. Scott Clark, Community Development Director, stated the topics would be a neighborhood stabilization program, community block grants, TIF district extension, etc. Motion to establish a City Council Work Session meeting regarding "2009 Housing Financial Strategy" on Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. D. Establish Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral Motion to waive the reading of Resolution No. 2008-280, there being ample copies available to the public. Motion to adopt Resolution No. 2008-280, being a Resolution establishing a new maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. E. Approval of the review of the draft Comprehensive Plan for the City of Columbia Heights• - removed for discussion F. Accept bids and award the contract for the 2008 Huset Park Shelter -removed for discussion G. Approval of the reissuance of the license to operate a rental unit(s~ within the City of Columbia Heights at 1307-09 Circle Terrace Blvd. N.E. Motion to issue arental-housing license to Fletcher Wanless to operate the rental property located at 1307-09 Circle Terrace Blvd. N.E. in that the provisions of the residential maintenance code have been complied with. H. Approve purchase of Network Data Storage S sx tem -removed. for discussion City Council Minutes Monday, November 24, 2008 Page 3 of 22 I. Approval of the attac_hed_lst of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for November 24, 2008. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 24, 2008 as presented, regarding licenses for 2009. K. Approve pavrrient of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 128103 through Check Number 1.28292 in the amount of $1,715,644.46. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of items E, F, and H. Upon vote: All ayes. Motion carried. Discussion items E. Approval of the review of the draft Comprehensive Pian for the City of Columbia Heights. Nawrocki stated that we have not gone through this plan. He questioned the dollar amount. Clark stated that about $45,000 is budgeted and we have spent about 75 percent of that. Nawrocki stated that this is a waste of money. We did not need to hire someone for this. It shows that we need more low housing. Fehst stated that the Met Council requires us to look. at affordable housing. Clark stated this request is consideration of a preliminary report to send out to other communities for review. This would lead to a joint meeting/open house with the Council, Boards and Commissions and the public. He requested that individual questions be submitted to him. Nawrocki referred to the increase of density requirement. The one public meeting held did not have a very good turn out. We are not ready to send this out to other communities. Williams stated that this is a draft and can be changed. We will have further in-depth discussions on this. Nawrocki stated that he would not support the recommendations given. Peterson also stated that he also does not agree with all the items, but this will be discussed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-281, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-281, being a resolution approving the review of the draft copy of the Comprehensive Plan for the City of Columbia Heights. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. F. Accept bids and award the contract for the 2008 Huset Park Shelter Nawrocki stated that this week the property tax statements were sent out and they are pretty high. His taxes will increase over $500. In recognition of that, we need to take a hard look at expenditures. Items that are only desirable should be put off for a while. Huset Park already has a shelter and already has Murzyn Hall, which is being fixed up fora $1,000,000. We can do without this shelter for a while. City Council Minutes Monday, November 24, 2008 Page 4 of 22 Williams stated that this is not tax payer funded., but paid from Park Dedication Fees. Peterson stated that those fees must be used for parks. The project was put off for a year and now the cost has increased. This is following through with the decision that has already been made. Nawrocki referred to the recent payment for Murzyn Hall improvements. He stated he went to a joint meeting of the League of MN Cities and the Metro League where discussion included the status of the State and their deficit. Kelzenberg stated that the Park Commission voted unanimously for this shelter. The Park Dedication Fees are for this purpose. Motion by Kelzenberg, second by Williams, to approve bids and award the 2008 Huset Park Shelter (structure) to St. Croix Recreation of Stillwater, MN in the amount of $53,500.28; and to Odessa II of Sauk Rapids, MN in the amount of $44,300 based upon their low, qualified responsible bids; and, furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. H. Approve purchase of Network Data Storage S s. Nawrocki stated this is an expenditure where we should question the necessity. It can be put off. He spoke against this expenditure. Motion by Nawrocki to not authorize this purchase. Peterson called for a second. Motion died for lack of a second. Williams asked Fehst if this is necessary. Fehst stated it is and referred to Bill Elrite, Finance Director. Elrite stated that we have a central system to maintain our data files and software programs. This would be considered on going maintenance for our system. The system is 80 percent full and running slow. This upgrade should last between two to three years. The last significant upgrade was in 2005. Williams asked what would happen if we did not have this. Elrite stated that is difficult to answer, but we would not be able to add additional data or would we would need to delete past history from our files. Elrite stated that this purchase is essential. Diehm stated it is important to recognize that our data retention is not a choice, and is required by law. Motion by Diehm, second by Williams, to authorize the purchase of two Left Hand. Network storage modules and atwo-year extended support agreement from Works Computing for $51,470. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2008-285, 4521 Madison Street N.E., 2008-286, 5056 Washington Street N.E. 2008-287 4955 Johnson Street N.E. 2008-288 4029-31 2nd Street N.E. 2008-289 679- 81 46th Avenue N.E., 2008-290, 961 37th Avenue N.E., and 2008-292, 3930 University Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Neights. City Council Minutes Monday, November 24, 2008 Page 5 of 22 Fire Chief Gary Gorman indicated the reasons for the following abatement requests: 2008-286, 5056 Washington Street -landscaping and clean up of oil that ran into the yard. 2008-287, 4955 Johnson Street -tree and stumps in back yard 2008-288, 4029-31 2nd Street -storm door damage, tree stumps, front and. back yard debris 2008-289, 679-81 46th Avenue -found unsecured and vacant; the building was secured. 2008-290, 961 37th Avenue -found. unsecured and. vacant; the building was secured. Nawrocki indicated there is an incorrect address in the resolution. 2008-292, 3930 University Avenue -found unsecured; building was secured. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-286, 287, 288, 289, 290, and 292 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-286, 287, 288, 289, 290, and 292 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2008-293, 1162-64 Cheery Lane N.E., 2008-294, 4326-32 Monroe Street N.E. 2008-295 5016 6th Street N.E. 2008-296 4135 Jefferson Street N.E. 2008-297 3906 Van Buren Street N.E., 2008-299, 3806 Jackson Street N.E., 2008-300,. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the PropertYMaintenance Codes. Fire Chief Gary Gorman indicated reasons for the following license revocation requests: 2008-293, 1 ] 62-64 Cheery Lane -dryer vent, water heater pressure relieve valve, outlet covers 2008-294, 4326-32 Monroe -Failure to submit application, fees, and schedule an inspection 2008-295, 5016 6th Street -Failure to submit application and fees 2008-296, 4135 Jefferson Street -Failure to submit application, fees, and schedule an inspection 2008-297, 3906 Van Buren Street -Failure to submit application and fees. 2008-299, 3806 Jackson. Street -Failure to submit application, fees, and schedule an inspection 2008-300, 521 Mill Street- -Failure to submit application, fees, and schedule an inspection Tim Utz, 556 40th Avenue, asked if the owner does not apply for the license, what happens. Gorman stated the process followed. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-293, 294, 295, 296, 297, 299, and 300,being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-293, 294, 295, 296, 297, 299, and 300, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. C. Second Reading of Ordinance 1559, adding_language establishing Abandoned Property. Sheila Cartney, Assistant Community Development Director, stated this is the second reading. The items changed, at Council request, were Article 5, the appeal process, and Article 3, Section 10 City Council Minutes Monday, November 24, 2008 Page 6 of 22 4, the addition of the temporary certificate of occupancy. This discussion will also include agenda item 7A, the fees for this ordinance. The proposed fee would be $200 for the inspection and a $31 estimate for inspections to re-issue a certificate of occupancy and maintaining the escrow agreement. Nawrocki asked how many properties we expect this to include in the next year. Cartney stated about 100 properties. Nawrocki stated that other communities are charging about $125 to $150, and. you are asking for $200. Williams stated that the annual fee for rental in the City of Minneapolis mentioned by Councilmember Nawrocki. is $6,000. The City St. Paul annual registration is $1,000. Scott Clark, Community Development Director, stated that St. Anthony has relatively no issue with this and other communities like Brooklyn Center have many hundred vacant homes. The intent is to try to size the ordinance to our issues and. make sure that we can administer this with the staff we have. The goal is to monitor the structural and safety issues of these vacant homes. We will probably top off at 470 foreclosures. 20 percent of these could be extremely problematic. Williams stated that the North Metro Realtor's Association supports this ordinance. Williams listed their comments and requests. Nawrocki asked if the ordinance does not inhibit the sale or conveyance of the property -what good it is. It will not speed things up. Until the bank finds they can make a sale, they will not fix up the property. Peterson stated that someone can buy the property, tear it down, and build a new home. It can be fixed up to our standards. Jim Hoeft, City Attorney, stated that is where the escrow provision ties in so someone can purchase the property. Nawrocki stated that he would support the ordinance. Cartney stated that a temporary certificate of occupancy can be issued. Peterson read the Brooklyn Park policy regarding vacant property that requires an action plan within one year or it would be demolished. Diehm stated that the City of Anoka has a similar registration process. There were articles in the Wall Street Journal pointing out these types of ordinances and fees to order them to step up to the plate and take care of these properties. In California the Governor authorized a fee of up to $1,000 a day for properties that are not being maintained. In Cincinnati, where the fee used to be $350 to register a vacant property was increased to $2,000. We are certainly not alone. Our approach is rather conservative. Utz questioned the fee schedule of $40 an hour, indicating engineering skills are required and this fee would not cover a skilled inspector. He felt the pricing structure is not realistic in the amount of time and cost required. He stated he does not want to pay for these abandoned properties with his tax dollars. Clark stated that we want the owners to pay their fair share. If we find we are short on collecting our costs, we will bring it back to the City Council. We only want to cover our costs. Clark described how the fee was arrived at, staying with a conservative amount to meet the state requirement of only charging the actual cost of the service. If we anticipate water damage or mold, we can require t11em to do additional tests or inspection. Utz stated. that an under estimate of fees could add up for 100 properties. Diehm indicated that the resolution states fees will be reviewed annually. She asked the City Attorney if we are locked into this. Hoeft stated that Council can review fees at any time. Nawrocki stated the larger fees will be from the permit fees to do the work. Nawrocki stated the HRA levy was increased, as fewer permit fees are anticipated. Now with this program, there will 11 City Council Minutes Monday, November 24, ?008 Page 7 of 22 be additional fees. Ne suggested decreasing the budget by $20,000. Peterson stated that would assume 100 homes would be brought back into compliance. Clark stated. that the dollars for 2009 normal building fees has been over stated. Realistically, in 2009 we will trade off with less building inspections and fill in with this type of inspections. Nawrocki reiterated his point that we should reduce the HRA levy by $20,000. Donna Schmitt, 4260 Tyler Street, stated concern that you are charging fees and not covering your costs. She suggested charging $250 as a user fee. She stated this is a big change in policy and requested this be re-evaluated in six months to see if it is affecting sales and covering costs. Motion by Diehm, second by Kelzenberg, to waive the Reading of Ordinance 1559, there being an ample amount available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve Ordinance 1559, being an Ordinance adding language establishing Abandoned Property. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2008-284, being a Resolution establishing inspection fees for Ordinance No. 1559 re ag rding Abandoned Property. Williams requested to amend the motion to charge $250 for abandoned property inspection fees and to review the fees on June 1St Diehm asked if staff is comfortable with the suggested fee. Clark stated yes. Motion to amend by Nawrocki that the proposed levy for the HRA be reduce by the anticipated fees from the $250 charges for the coming year. Clark stated that these fees might bring us back to the projected amount. Peterson called for a second to the amendment. Motion to amend died for lack of a second. Virgil Persie, resident, indicated that the flags displayed behind the City Council were in the wrong order. Peterson and Fehst corrected the error. Persie suggested following Roberts Rules of Order more precisely. Peterson stated that we attempt to do so, but try not to shut people down. Motion: Move to waive the reading of Resolution 2008-284, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-284, being a Resolution establishing inspection fees for Ordinance No. 1559, Abandoned Property, with a charge of $250 for abandoned property inspection and a review of the fees on June 1St. Upon vote: All ayes. Motion carried. 2. First Reading of Ordinance No. 1560, conveying certain real estate located at 950 40th Avenue N.E. Clark described the property, the history of the request, and. the reinvestment in the property. We did not recommend giving funds for redevelopment, but suggested transferring the 16,000-foot plaza toward the re-skinning of the building. Clark described the transfer, indicating the owner 12 City Council Minutes Monday, November 24, 2008 Page 8 of 22 would. pay the $1,500 park dedication fee. The agreement states this was in a redevelopment plan done in the 1980's and that the property will remain an office building for at least five years. This will benefit the city and this group is willing to put substantial dollars into this building. Eliminating the parcel will remove liability and add taxable property. We hope the improvements will make this property more marketable and improve the downtown area. The bank was very much in favor of the transfer and building upgrade, and is pleased with the new owners (Stadium Village). Williams asked if the building would. be assessed at a higher rate for next year. Clark stated that this type of property is valued on income. Clark stated the goal is to make this look like a 2008 building, rather than a 30 year old building. Williams asked for afollow-up on the property's tax amount. Hoeft stated the assessors will look at the sale price of the property and building permits and it will trigger a reassessment of the property. Nawrocki stated that there is value to the plaza property. We are giving the owners of the building property valued at $245,000. This does not serve the taxpayers of the community. Williams stated that we are not getting anything for it now. We will save $3,000 a year in insurance and we will gain the money back through additional taxes. Now it is just a liability to the city. Nawrocki stated that they have not been paying their agreement of $1 a year. Hoeft stated that the city signed the Estoppel Agreement indicating the amount was cleared. Bob Olden, 1201 42'/2 Avenue, stated that this was needed by the bank, but we should have been collecting rent. Hoeft stated that the property was leased in 1982. Olden stated the building looks slightly better and people in the building are pleased, but he does not want to set a precedent. Williams stated that we are saving money on the insurance and we are not giving them any money. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set a Public Hearing for the second reading of Ordinance No. 1560 on December 8, 2008, in the City Council Chambers at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. 3. Approval of a Minor Subdivision for property at 950 - 40th Avenue NE. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-283, there being ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-283, being a Resolution approving a Minor Subdivision of the property located. at 950 40th Avenue, subject to the conditions outlined in Resolution No. 2008-283. Upon vote: All ayes. Motion carried. B. Bid Considerations Award the 2008 Sanitary Sewer Lining_project to Insituform Technologies. USA, Project #0804 Kathy Young, Assistant Public Works Director, stated this is an annual project. Nawrocki indicated that a liner is placed inside of the existing pipe. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2008-282, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 13 City Council Minutes Monday, November 24, 2008 Page 9 of 22 Motion by Diehm, second by Kelzenberg to approve Resolution No. 2008-282, accepting bids and awarding the 2008 Sanitary Sewer Lining Project #0804 to Insituform Technologies USA, Inc. of Chesterfield, Missouri, based upon their low, qualified, responsible bid in the amount of $ 99,076.00 with funds to be appropriated from Fund 652-50804-5185; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki asked for further consideration of expenditures, as people have received their tax statements and some have substantial increases. We should also consider possible State cut backs and un-allotments. Nawrocki suggested reductions in the newsletter costs. Nawrocki stated that the City Manager gave him the information requested from the National League of Cities Conference that he requested. Fehst stated that Mr. Mike Ballentine's email stated dissatisfaction regarding disrespectfully comments made by the City Attorney during last meeting's discussion on the abatement ordinance. Fehst spoke of the audience participation in the RIBS discussion that was overdone. He indicated that sometimes you speak before your brain realizes it. No offense was intended. Fehst apologized for anything he has said in the past or may possibly say in the future. The frustration may have come from the long discussion. Hoeft stated that his comments were not meant to be said in public, and he apologized to the City Council and anyone speaking at the time. He prefers to be more professional than that. Nawrocki questioned the assessment policy and charging residents on Tyler an avenue and street charge. The understanding is that we don't assess residents for work on county roads. He stated that he discussed this with the Public Works Director, who referred to the policy to charge everyone on the avenue if there is a dead end. Nawrocki asked that that it be changed back. Young stated this is a policy that we believe was adopted in 1976, and based on research the same policy was followed prior to that. What Councilmember Nawrocki is referring to is some addresses pay both a street and avenue assessment. She indicated that other examples can be provided. Nawrocki indicated that there was no work done on 44t". Fehst referred to some county roads that were not assessed and only temporarily patched. Young stated that this is along-standing policy and offered to do further research on this. Fehst distributed the Public Safety building update. Some bids will be awarded on December 8`n Nawrocki asked where we stand. Fehst read the information from the report distributed. Report of the City Attorney -nothing to report CITIZENS FORUM Donna Schmitt referred to item H on the consent agenda. She asked why we are not getting more than one bid. Fehst stated that IS Director Aleksandr Cherin thoroughly researched this and looked 14 City Council Minutes Monday, November 24, 2008 Page 10 of 22 for other avenues and vendors. He was not satisfied with any other system. Fehst suggested she call him. Schmitt stated that her son. recommended another company, which is a local company. Fehst requested they contact us to be added to our vendor list. Harold Holum, 4200 3~d Street, stated that the American Flag displayed is a navel flag and is not to be displayed in civil buildings. Fehst asked. Councilmember Nawrocki to research this. COUNCIL CORNER Kelzenberg • Hope everyone has a happy Thanksgiving. When touring other cities, you realize that we have a lot to be thankful for. Williams Wished everyone a great Thanksgiving and holiday season. We have a lot to be thankful for. Tough times never last, but people do. Our Chief of Police is doing a great job. Crime is down 41 % this month, and 18% this year. He is 'ver'y' pro-active. P~ead policing a%ti'vities iioiii the grecrt slicer. Diehm • Wished everyone a Happy Thanksgiving and. encouraged them to share with local food shelves. Nawrocki • Wished everyone a pleasant Thanksgiving. • Made comments relative to the budget and when he brought up "doing more, with less". We sent the Assistant Finance Director to courses on this and trusts that someone is looking to see that we are doing more with less. • The Truth and Taxation meeting is next Monday, December 1, 2008. Come if you think it is great or if you disagree, we want to hear that too. • Attended the State League and Metro League meeting and referred to the problems the State is facing. They had a session on "Sewer Tool-kit". We have good people doing a decent job, but he will turn it over to the Public Works Department to review. Has available a copy of session law summaries. The League adopted legislative policies for the next year. • Referred again to the upcoming Sister City Committee fund raiser. Peterson • This time of year it is tough for service men and women to be away from home. Thank them. • Jessie Davies, our employee, is back from Iraq. We are glad to have him back. • Wished everyone a Happy Thanksgiving. The holiday season is starting and it should be a happy time. When the going gets tough the tough get going. Don't paint a doom and gloom picture. Things are better, we have more, and we forget how good we have it. This is still the best country in the world. • Let's not take ourselves too seriously and do a random act of kindness. ADJOURI~TIVIENT Mayor Peterson adjourned the meeting at 9:40 p.in. 15 City Council Minutes Monday, November 24, 2008 Page I 1 of 22 Patricia Muscovitz CMC City Clerk RESOLUTION N0.2008-280 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special. assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.1.95 and this Resolution. RESOLUTION N0.2008-281 RESOLUTION APPROVING THE REVIEW OF THE DRAFT 2030 COMPREHENSIVE PLAN UPDATE FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City of Columbia Heights is in the midst of updating its Comprehensive Plan and has completed the draft, and; WHEREAS, the City of Columbia Heights submitted for an extension to the deadline for submittal. for the Comprehensive Plan to the Metropolitan Council, and; 16 City Council Minutes Monday, November 24, 2008 Page 12 of 22 WHEREAS, the approval of the review of the draft plan will enable the City of Columbia Heights to submit the draft copy of the Comprehensive Plan to the abutting jurisdictions for their review and approval, and; WHEREAS, the City of Columbia Heights will hold a joint City Council and Planning Commission meeting in January 2009 for a formal review of the draft Comprehensive Plan., and; WHEREAS, the City of Columbia Heights will open the joint City Council and Planning Commission meeting held in January 2009 to the public for their input. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council approves the review of the draft Comprehensive Plan in order to allow its distribution to the abutting jurisdictions for their review and approval. RESOLUTION 2008-286 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 Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5056 Washington 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 October 39, 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 September 22, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 14, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard and shall clean up all oil in the driveway that is running into the yard 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5056 Washington 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 5056 Washington 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 2008-287 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 Dewey J. Kinzer Jr. (Hereinafter "Owner of Record"), Whereas, the owner of record is the legal owner of the real property located at 4955 Johnson Street N.E. Columbia Heights, Minnesota. 17 City Council Minutes Monday, November 24, 2008 Page 13 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 October 27, 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 I. That on July 17, 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 August 29, 2008 the owner called and requested an extension of time. An extenstion to October 27, 2008 was given. 3. That on October 27, 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. 4. That on November 17, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead. maple tree in the back yard. Shall remove the tree stump to a minimum of 2-4 inches below ground level. 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 i . That the property located at 49~~ Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That alf 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 4955 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-288 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 Bob Landucci. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4029-31 2"d Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 297, 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 September 25, 2008 an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed above. Inspectors noted that seven 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 November 13, 2008 inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair or replace the front storm that is torn off, shall remove all areas of scrub growth A. Shall repair or replace the damaged garage service door, shall repair or replace the deteriorated driveway, shall replace the broken front window on the lower unit, shall remove the dead tree (and all of the tree stump(s)) in the front yard to within 2-4 inches below ground level, shall repair or replace the front storm that is torn off 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4029-31 2"d Street N.E. is in violation of the provisions of the Columbia Heights City Code 18 City Council Minutes Monday, November 24, 2008 Page 14 of 22 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 4029-31 2"d Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-289 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 Alexander Cajucom (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 679-81 46`h Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 22, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the property on October 29, 2008 noted that the property remained unsecured. The Fire Department contacted DuAll Restorageion Services to board up and secure the building to prevent unauthorized entry. 2. 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 hazardous structure located at 679- 81 46`h Avenue N.E. 3. That al( 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 679-81 46`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as 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 679-81 46`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-290 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 I[, of City Code, of the property owned by Citi Residential Lending (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 37`h Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, 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 October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Cowlcil of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 6, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the 19 City Council Minutes Monday, November 24, 2008 Page 15 of 22 property on October 29, 200$ noted that the properly remained unsecured. The Fire Department contacted DuAll Restoration Services to board up and secure the building to prevent unauthorized entry. 2. 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 hazardous structure located at 961 37`h Avenue N.E., 3. 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 961 37`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That al( relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 961 37"' Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-292 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 Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, 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 October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City. Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 29, 2008 the Fire Department was at the property to check for occupancy and found the property unsecured. The property was deemed hazardous by the Fire Chief and it was decided to abate the property. The Fire Department contacted DuAll Restoration Services to board up and secure the building to prevent unauthorized entry. 2. 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 hazardous structure located at 3930 University Avenue N.E. 3. 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 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-293 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 Katherine Crosby (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1162-64 Cheery Lane N.E., Columbia Heights, Minnesota, 20 City Council Minutes Monday, November 24, 2008 Page 16 of 22 Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 6, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 25, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 6, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 12, 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: 1162 -Shall hook up the dryer vent so that it vents to the outside, 1162 - Shall repair the hot water heater pressure relief valve so that the valve extends to within 18" of the floor, 1162 -Shall replace all covers on that are missing electrical outlets. 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 F9347 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-294 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of that certain residential rental license held by Steve Look (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4326-32 Monroe Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees and failure to schedule an annual rental relicensing inppection 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 F8821 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; 21 City Council Minutes Monday, November 24, 2008 Page 17 of 22 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-295 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 Josephine Masita (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 5016 6`~' Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained utilicerrsed. A Statement of Cause was maiied by reguiar mail to the owner at the address Listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to submit renewal rental license application and fees 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 lIl 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 F8'710 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-295 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 Josephine Masita (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5016 6'~' 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 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). 22 City Council Minutes Monday, November 24, 2008 Page 18 of 22 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8710 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-296 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 Sunday Olateau (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4135 Jefferson 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this properly. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees, and failure to schedule an annual rental relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article II15A.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8697 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-297 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 Dave Buchanan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3906 Van Buren 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 23 City Council Minutes Monday, November 24, 2008 Page 19 of 22 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 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 F8663 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-299 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 Eric Russell (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3806 Jackson 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 prooposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be Ileld on 1VOVC'mber 24, 2t1t/8. 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 or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees, and failure to schedule an annual rental relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL I . The rental license belonging to the License Holder described herein and identified by license number F8832 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-300 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 Nathan Erickson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 521 Mill 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on or about September 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. 24 City Council Minutes Monday, November 24, 2008 Page 20 of 22 2. That on November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees, and failure to schedule an annual rental relicensing inspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F86I9 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. ORDINANCE NO.1559 BEING AN ORDINANCE ESTABLISHING CHAPTER SB, REGARDING ABANDONED PROPERTY THE CITY OF COLUMBIA HEIGHTS DOES ORDA[N: Chapter SB, Article I-7, Abandoned Property, is hereby added to read as follows: CHAPTER SB. ABANDONED PROPERTY ARTICLE I .PURPOSE AND DEFINITIONS Section I :Purpose. Abandoned buildings that are not maintained contribute to the detriment of neighborhoods, increase crime, and diminish property values of a city. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve housing by providing an orderly and effective way to insure compliance with housing codes and provide a system to increase concerns for health, safety and protection of the community. Section 2: Intent: Relation to the Provisions of City Code. The City Council intends that the Abandoned Property Ordinance be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. 1. Abandoned Property: The discontinued use or activity of a property for any reason, but excluding temporary interruptions during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. 2. Board of Appeals: The Columbia Heights City Council 3. Building: Any roofed structure that may provide shelter. 4. Certificate of Occupancy: A document issued by the Building Official allowing for occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. 5. Code Off cial. The Code Official refers to the current city Building Official or designee. 6. Compliance Order: A document issued to the owner of a property after a building code inspection that requires the correction of identified deficiencies or hazardous items. 7. /mmediate Na_ard: A condition, structural failure, or defect that is likely to cause immediate injury to a person or property if not corrected. 8. Property: Real estate, including any improvements therein. 9. Renewal Fee: Fee paid for new Certificate of Occupancy, which includes related inspections. 10. 6'andali=e: To destroy or damage (property) maliciously ARTICLE 2: DETERMINAT[ON OF ABANDONED PROPERTY Section l :Investigation. The Code Official, or designee, shall be responsible for the investigation of all properties or complaints concerning vacant or abandoned property. Section 2: Declaration of Abandoned Property The Code Official shall declare a property abandoned if the property is vacant and there is evidence of one or more of the following: a) Reoccurring City Abatement processes. b) Building has been declared uninhabitable. 25 City Council Minutes Monday, November 24, 2008 Page 21 of 22 c} Vandalized structures. d) Lack of exterior maintenance per Housing Maintenance Code standards. e) Repeated calls for service (police, fire, etc). f} Structural damage. g) Utility service shut off pursuant to delinquent billing/payments h) Property abandoned through Section 582.032 Subdivision 2 MN State Statute. Article 3: Certificate of Occupancy Section 1: Revocation of Certificate of Occupancy If a property is declared abandoned as defined in Article 2 Section 2 of this ordinance, the property's Certificate of Occupancy will be revoked, and the property will be posted to prevent occupancy. Section 2: Notification of revocation of Certificate ofOccupanc,LThe city will make every effort to notify the current property owner; Real Estate Agent; Asset Manager; or any other individual known to the City that is involved in the transaction for sale of the property of these actions by way of llS Mail and by posting the same on the property. Section 3: Buildina? Code Inspection. Once the Certificate of Occupancy has been revoked for a property, a Building Code Inspection must take place prior to a new Certificate of Occupancy being issued. 1. The Building Code Inspection may result in corrective actions. A Compliance Order may be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter S.A. and the MN State Building Code provisions. 2. The corrective actions must be completed and pass inspection by the Code Official in order to have a new Certificate of Occupancy issued for the property. 3. If corrective actions are not warranted a new Certificate of Occupancy will be issued by the Code Official. Section 4: Issuance of Temporary Certificate of Occupancy with Financial Guarantee. For corrective actions the city may issue a Temporary Certificate of Occupancy if the buyer, seller or other responsible person has: 1. Executed an agreement with the city to complete the correction actions in a timely manner and 2. Deposited with the city a cash escrow, bond, letter of credit, proof of construction loan or similar financial guarantee equivalent to 110% of the estimated cost of corrections. a. If escrowed items contain immediate hazardous items, the Temporary Certificate of Occupancy will be withheld from the new property owner until these items are satisfactorily completed and inspected by the Code Official; until that time the building may not be occupied. b. Once the correction items have been completed, and are in compliance with the Property Maintenance Code as approved by the Code Official, a New Certificate of Occupancy can be issued replacing the Temporary Certificate. ARTICLE 4: ADMINISTRATION Section I: Application & Inspection 1. Application Required. The owner or owner's representative is required to make application for the issuance of a new Certificate of Occupancy, which would include the inspection by the Code Official. 2. Fee. At the time of issuance, the applicant for a new Certificate of Occupancy must pay a fee appropriate for the type of building as set forth by annual City Council resolution. 3. Inspection. Upon receipt of a properly executed application and payment of the fee, the Code Official will cause a property maintenance inspection to be made of the premises to ensure the property is in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section S.A. and the Minnesota State Building Code. 4. Final Inspection. Upon completion of repairs or corrections made to the property per the Compliance Order, the property owner shall request the Code Official to conduct a final inspection, which may be combined with final building permit inspection, where required. ARTICLE 5: APPEALS A person aggrieved by a Declaration of Abandoned Property or Compliance Order may appeal for relief from the action of the Code Official to the City of Columbia Heights Board of Appeals. The decision and order of the Board of Appeals shall be binding to all parties. A hearing shall be set within 30 days after receipt to the City of a written appeal. ARTICLE 6: VIOLATIONS AND PENALTY Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this ordinance, upon conviction thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. 26 City Council Minutes Monday, November 24, 2008 Page 22 of 22 Article 7: Effective Date This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION N0.2008-284 ADOPTING INSPECTION FEES FOR ORDINANCE NO. 1559, ABANDONED PROPERTY WHEREAS: Ordinance 1559 established the City of Colwnbia Heights Abandoned Property Ordinance; and WHEREAS: The City is attempting to establish fees that are reasonable to cover costs for said inspection; and WHEREAS: The City will review these fees annually to ensure they cover the expenses of said program; NOW, THEREFORE,I3E 1"I' RISOLVED that the attached proposed fee schedule be adopted and effective November 24, 2008 through December 31, 2009. FEES FOR ABANDONED PROPERTY INSPECTIONS Effective November 2~1. 2008 through Decef~~ber 31. 2009 Fee for Inspection $250 per unit (including re-inspections and issuance of a temporary Certificate of Occupancy or new Certificate of Occupancy} RESOLUTION N0.2008-283 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2008-1101) has been submitted by the City of Columbia Heights requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 950 - 40`h Avenue NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. 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 November 5, 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 following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $1,500, due at the time of the recording of the minor subdivision with Anoka County. 27 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS TRUTH IN TAXATION MEETING DECEMBER 1, 2008 The following are the minutes for the City Council Truth in Taxation Hearing held at 7:00 p.m. on Monday, December 1, 2008 in the City Council Chambers, City Nall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Call Truth in Taxation Hearing to Order -Roll Call Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pledge of Alle ig'ance -recited Presentation of 2009 Budget and Tax Levy information a. Walt Fehst, City Manager, stated that Department Heads submitted their budgets with increases, from which he removed $400,000 or about a six percent increase. The City Council then cut $210,000, so the increase in the General Fund levy that was submitted to ilie County Board as the Certified l~,evy increase went from $6,916,000 to $7,2f4,000; a $297,000 increase, amounting to a 4.30 increase in the operational levy. He reminded the City Council that they have voted. on an increase to the capital levy of 5.03 percent, for the public safety building that will be on the books until the $10,000,000 bond is paid in 30 years. That will. be reduced this year and next by the closing of a TIF District, which means the net result for the average house in town will be about $38 this year and $54-56 next year. Fehst stated there are not major increases in any one area. We have had significant state aid decreases since 2003. They are looking at another $4 billion deficit next year. This will likely affect our local government aid. We will probably have to cut back. We had approximately 12 positions that we did not fill as people left. In 2004 Council did. add back. some positions. Fehst indicated that our levy in 2008 topped $9 million. We are talking a nine percent increase, of which six percent has already been voted upon. There is confusion in certain areas of the city that had significant increases in their property values. There is no way to predict what the County Assessor does. This will appear as a larger increase in our operational levy. Fehst stated that we have added a 27t'' police officer and a crime specialist at three-quarters the cost of an officer. We have removed the housing specialist from Community Development, allowed for two additional part time people at library, and eliminated one full time CSO, and replaced the CSO with two part time CSO's. b. William J. Elrite, Finance Director, directed the City Council through a budget power point presentation. He indicated this is summary information and select property tax examples. It also explains changes in revenue sources, i.e. local government aid. Elrite described the following information: Expenditures by functional area Revenue by sources -intergovernmental resources have decreased. Expenditures by classification of general. fund, library, and EDA 2s - Revenue sources of general fund, library fund and EDA.. Elrite stated that over $7 million comes from property taxes. He described the decrease of intergovernmental revenue. - General fund by percent of total. He indicated that the largest portion is police and second is public works. - History of local government aid. Elrite reviewed revenue from the state that they distribute back to the city, showing the decrease from 2003. Increased property taxes were necessary to maintain our budget. - Property taxes for 2003 to 2009 -with the total levy increase 9.33 percent for 2009. - Where your property taxes go. He stated there is a slight increase in school district taxes. - Property tax history from '98 to '09 on five selected properties. The County estimates Columbia Heights average home value at $176,000, resulting in a $98 increase this year. Elrite explained that the city does not receive more if your property value goes up. This year there has been a real shifting of the property tax base. - Cumulative LGA lost -Elrite described how state aid has decreased. - LGA. and tax levy history. - Total tax supported budgets -general fund, library fund and EDA fund. He explained the cut backs from 2004 to the present. - Cost savings from 200s to 2069 - What will $60 a month buy? This is what the average home pays in city property taxes per month. c. Presentation by staff on department needs -Scott Nadeau, Chief of Police, narrated a power point presentation on 2008 goals and objectives for the Police Department: 1. Adopt a more proactive crime fighting model -with problem oriented and community oriented policing initiatives, mapping and trend analysis, and information sharing with other agencies and community partners. 2. Establish new strategic partnerships to address crime and livability issues. 3. Strengthen and capitalize on existing strategic partnerships 4. Reduce crime and the fear of crime in Columbia Heights and Hilltop. 5. Engage the public as an important partner in addressing community crime and livability issues. Nadeau stated that this is an area that is not as progressive as we would like. Therefore, we have asked for more staff. 2009 goals and objectives l .Continue to expand proactive efforts 2. Improve ``community engagement and connection 3. Continue to realign department to maximize efficiency and focus on "Core Mission" of reducing crime and promoting safety. Nadeau described the non-sworn position request for a crime prevention specialist. Fehst referred to the readjustment of the department and reinitiating landlord meetings. The landlords agree with the one-strike policy for drug related issues. Nadeau referred to helping landlords and partnering with local groups and businesses. He described the 27`" police officer position and the work done on proactive initiatives. d. Walt Fehst, City Manager Budget Presentation Summation Fehst stated that we have 420 homes that are sitting empty. This creates problems for police and fire personnel. We increased the HRA levy by $'70,000. One place to cut is our SAACC 2 29 program. Fehst referred to our intent to work on the housing issue. Our operational levy is 4.03 percent. The social security increases are 5.7 percent. e. Public Comments Peterson indicated that this forum is not to question the valuation of property. That meeting is held in April. We are here to discuss the City's portion of the property tax. Dwayne Morrell, 4212 Reservoir, asked if there is an officer dedicated to white collar crime. Nadeau stated that we do not have a dedicated officer for that, however, Anoka County does and they work with us. Morrell asked if our police officers interact with school bus drivers, and referred to an incident. Nadeau stated that we do work with them, and they do report violations. Lee Stauch, 1155 Khyber Lane, stated he debated his taxes at the April meeting. His value was increased and his tax increased by 19.48 percent, with a city increase of 11.46 percent. Matt Lupkes, 3714 Van Buren, asked the affect of foreclosures on the property tax calculation. Fehst stated that the taxes will still be paid by the owner, be that the bank or mortgage company. Diehm indicated that when vacant property values drop it will affect other residents. Fehst referred to tax base increases from the two Latest property developments. Following the TIF, they will add 12 percent to the tax base. Fehst indicated that the assessed market value on his home had gone up, but then was corrected. Lupkes stated his appreciation, as a new home owner, for all the services we receive. Brian. Oats, 1820 Fairway, questioned the amount of increase because of the Public Safety building. Fehst stated that the city portion of the tax increase was 9 percent, anal with the HRA levy it is close to 10 percent. Nawrocki referred to the "Other" portion on the tax statement including the HRA Levy that goes to the County, making it a double digit levy. The city approved bonding for the Public Safety building of $10 million, but that is probably just the first stage with an indication of a possible additional $1.5 million next year. The payments this year could have been paid from reserves, but were not. The work done by the architect emphasized the operational problems in the current facility. Dale Fodstad, 4249 Madison, asked if there are no changes to a home, what do they look at when considering the value. Fehst stated that they look at similar properties that have sold. Fodstad indicated that a lot of our alleys have potholes. Fehst stated that we fix the alleys with our machines, and indicated that concrete alleys would have been better. Fehst stated we will try to improve this, just let us know where they are. Laura Palmer, 1202 40`n Avenue, asked if there a line item budget available on line for review. Elrite stated that we could look at doing at this, but there is a summary budget on line with item classifications. Palmer asked if we have an emergency fund. Elrite stated that we carry, at different levels, contingency funds and fund balances and most are within the described limits of the State Auditor's office. We try to maintain. a reserve of 45 percent of our budget, for cash flow, as our state aid and taxes come to us in the last six months of the year. Rahhal Hamimdune, 659 46 '/~ Avenue, asked how property values could decrease, but taxes went up. Fehst explained the process. He referred to the tax increase in business and rental property. Diehm stated her property value decreased significantly and the increase in taxes was small. He asked how the city can ask for increases in this economy. Fehst stated 30 that about one-half of the budget is police and fire, and one-quarter is public works. We may have to forestall public improvements. Janis Delins, 4459 Benjamin, stated his street was resurfaced, and asked how that factors into the budget. Fehst stated that was a special assessment. Diehm stated that streets are repaired once every seven years, if necessary. Delins commented on the length of time the Silver Lake renovation took. Peterson stated that bad soil was found and had to be dealt with. Morrell questioned the budget regarding operation of the liquor stores. Elrite stated that the operating expenses are on the expenditure chart. Elrite spoke to liquor store profits and the history of our stores, ~~~ith the goal to increase profits. Last year profits .vere $200,000 and the goal is to get back to a net income of $500,000. All net income goes back to the city to fund projects and reduce taxes. Elrite stated that one store is at the expected level and the other is above that. Nawrocki stated that we ran liquor store ads indicating a property tax relief amount, which were incorrect. Elrite stated that the number in the ad was based on the year we had a $500,000 profit and 6,000 homes. Nawrocki stated his flyer was mailed to 7,800 homes in the community. Diehm stated that may have included another community with our zip code. Elrite stated that may have included apartments. Nawrocki read. a comment on his dissatisfaction with this meeting. Peterson commented that Councilmember Nawrocki must have pre-determined his dissatisfaction before the meeting, as he was reading the comment. Nawrocki expressed his dissatisfaction with the entire budget process. He continued, including comments on the HRA levy and County HRA levy. The information should include utility charges, use of fund balances, liquor store revenues, fiscal disparities and LGA. Property taxes have increased roughly $14 million. since 2003. He questioned what happens when you use up fund balances and need them in the future. He pointed out operating costs that were added into the budget after the Manager's budget submittal. Nawrocki stated there will be a double digit increase this next year, which he will vote against. These are tough times. He referred. to the projected state budget deficit. This may reduce LGA. He referred to the Tautges Redpath newsletter. Nawrocki stated the Police Chief should be commended for his planning, partnership and use of personnel, which have brought about significant changes in the community. Nawrocki stated that we sent the Assistant Finance Director to a conference on time management, which we shauld look to implement. We need to make reductions in the budget to what the community can afford. We probably have next to the lowest average household. income. We keep dipping in to funds, which we should have a plan for. Williams explained local government aid to the audience. Things are not as gloomy as Councilmember Nawrocki indicates. We have good things happening. We are all hurting. He referred to the amount received in aid and. the amount of aid lost, $8,900,000, from the State. We have to manage and watch our money and we do so very well. We have an old city with decaying infrastructure. Our police and fire departments did not meet the building codes. We voted, for you, to build a new public safety building. We know the areas there are drug dealings and the Chief has cracked down on this. These people complained, but our Chief kept after them. We need to update a lot of things. We are working on updating our infrastructure such as water lines, and other utilities. Diehm stated there would. be more discussion at the next meeting, and was glad we received local comments. There has been a shift in how cities receive money, and that has hurt us. We are doing the best we can to be fiscally responsible and. maintain home values. 4 31 Nawrocki gave his history in the community. This is a great place to live. Peterson referred to the tax statements and the county's tax portion. He is not sure where the county money goes. He can see where the city money goes. He referred to charitable gambling that was suppose to help reduce property taxes and the state lottery that was to fund environmental things, but residents just voted in a .38 percent increase for this again. Why does everyone expect the city to do everything, when we are only a percentage of the tax amount? There are other tax jurisdictions that are also responsible. Peterson stated his pride in our city and stated he does not have a problem paying the city portion. We are doing the best job we can. Adjournment of Truth in Taxation Hearin Mayor Peterson adjourned the meeting at 9:00 p.m. Patricia Muscovitz, CMC City Clerk 32 PLANNING AND ZONING CONIlVIISSION 1VIINUTES OF THE REGULAR MEETING DECEMBER 2, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Schmitt, to apps°ove the minutes from the meeting of November 5, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NI.jMBERs 2008-I20I APPLICANT: Mary Zahorsky LOCATION: 4826 West Upland Crest REQUEST: 2-foot Building Setback Variance INTRODUCTION Sargent explained that Ms. Zahorsky is requesting a 2-foot side yard setback variance in order to construct an addition to her house located at 4826 West Upland Crest. The applicant stated that the previous homeowner had created a storage area between the fence and the house on the north side of the house. It was in dire need of repair, which the applicant did. In addition to repairing the fenced in enclosure, the applicant constructed a roof over the area. During the construction phase, the Building Official stopped the work because no permit had been issued. When the applicant applied. for the permit, it was discovered that the building was too close to the side property line. After reviewing the City records, it was also discovered that the previous homeowner failed to pull a permit for the initial construction of the storage area. The space in question is considered to be an addition to the principal structure since it incorporates a roof that is attached to the house. For this reason, the addition must meet all setback and building code requirements in order for it to be built. The Building Department indicated that the wail closest to the north property line would need to be a solid wall with aone-hour separation. Proper frost footing will also be required. Because the structure is too close to the side lot line, a 2-foot variance is required. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow an addition to a preexisting residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. ZONING ORDINANCE The property located at 4826 West Upland Crest is zoned R-2A, One and Two Family Residential, and is also located within the Shoreland District of Highland Lake. The side yard setback requirement for houses constructed in the R-2A District is 5 feet. The proposed addition will be located. 3 feet from the side lot line. For this reason, a 2-foot side yard setback variance is required. 33 Planning & Zoning Commission Minutes Page 2 December 2, 2008 SHORELAND DISTRICT. The property at 4826 West Upland Crest is located within the Shoreland District of Highland Lake. The Shoreland Ordinance was established in order to help protect impaired waterways throughout the City of Columbia Heights. One way the ordinance accomplishes this is to require no more than 35% of a property be covered with hard surface materials. This ensures a low rate of rainwater runoff and helps reduce the amount of sediment entering the protected lakes. The property at 4826 West Upland Crest is approximately 13,513 square feet in area, allowing up to 4,729.5 square feet to be covered with hard surface materials. With the proposed addition to the house, the property will have approximately 3,300 square feet of hard surface material covering the lot, or 24.4%. This meets the City's minimum requirement for hard surface coverage in the Shoreland District. F>~?~2TsN.rsCu ~>~ J~~~~ ~:rna~~ej Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant stated that the hardship in this case revolves at^ound the fact that the structure was in place at the time they purchased the house, and that they were unaware that the structure was illegal. Repairing the existing structure would retain the use of the area as a storage shed and aid in the correction oj~a f°ainwater runoff problem that the property has had for quite some time. The erosion that has occurred between this property and the property to the north has been a huge concern and needs to be remedied. The expense associated with tearing the structure down and repairing the house was also never a factor in the purchase of the house in the first place. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The variance is based on an attempt to make a previously illegal construction project compliant with the City Code. Although the addition to the house was done without a permit and placed on the property in an improper location, the applicant wotdd still like to be able to retain the use of the storage area, and do so in a legal manner. This is a fairly unique situation to have on a property. c) The difficulty or hardship is caused by the provisions of this article and. has not been created by any person currently having a legal interest in the property. The current owners of the property had no input on the consb°uction of the storage space. They would, however, like to be able to retain its use as a storage area. 34 PLANNING & ZONING COMMISSION MINUTES PAGE 3 DECEMBER 2, 2008 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the vas°iance would support the use of the property as residential and the guidance of~the property as residential. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would make an existing situation legal. Being that the City has had no complaints regarding the construction or placement of the storage area, the granting of the variance wozrld not affect the use of property in the vicinity. Cargent stated that a letter from the neighbor to the north in support of the project was enclosed in the agenda packet. They are hoping the planned project will help alleviate drainage issues that occur between the two properties. The applicant stated that water ponds between the properties, and that it has undermined the integrity of the foundation to their home. His plan is to install gutters and downspouts on the roof of the storage area and direct the water to the rear of the lot towards the lake. Questions from members: Szurek asked if it is a fence or a wall that currently abuts the neighboring property. Sargent explained that it is currently a fence, but a one hour separation wall would be required if the variance is approved. He said that other conditions would also apply in order to make it code compliant which is required as it is attached to the primary structure. Sargent said the owners have been made aware of this and have agreed to make the necessary corrections. Peterson commented that it is in close proximity to the structure at 4832 W Upland Cr, but that other homes in the area are also close to the property lines. Schmitt asked what the distance of the structure at 4832 was from the property line. Sargent explained that according to the site plan that was submitted, the house located at 4832 is 3 feet from the property line and that the enclosed storage structure at 4826 would be 3 feet from the properly line, for a total distance between the two at 6 feet. Thompson asked if there was ever a variance granted to 4832 to allow the structure to be built that close to the property line. Sargent stated that he had not checked to see if a variance had ever been granted to that address. He said it's possible the setbacks were different back when the house was built which could explain why it does not meet the current five foot setback Thompson stated he is not in favor of granting the variance without verifying the property irons and having a better drainage plan in place. He said the site plan provided may not be accurate and that a new survey may be needed since the applicant admitted he could not find the property irons. He also is concerned that gutters alone may not be adequate to cure the water/drainage issues and by having this structure with a hard surface so near the property line, could actually have made things worse. 35 Planning & Zoning Commission Minutes Page 4 December 2, 2008 The applicant stated that the previous owner had a 22 x 6 ft slab with fencing around it as his storage area. The applicant made repairs to the fencing and then constructed the roof over it about 3 months ago thinking that he could then direct the runoff towards the rear of the lot. He never finished adding the gutters since he was issued the Stop Work Order until this matter is resolved and the variance is approved. Szurek questioned how the houses could. have been located so close to the property lines when the standard setback is 5 ft. Sargent explained that accommodations may have been made since the lots in this area are pie shaped and they may have used the "average" distance of the structure from the lot line, depending on how they were placed on the lot. Szurek stated she was in favor of the variance if it would help alleviate the water issue. Fiorendino thought it was the best solution to the problem. Public Hearing Opened: The neighbors at 4832 W. Upland Crest were present and are in favor of the project being finished and also hope that the gutters directly the flow of rain water will help prevent the ponding between the two properties. Public Hearing_Closed: Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the 2 foot side yard setback variance per Code Section 9.109 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the pa~blic interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including.• 1. All application materials, maps, drawings, and descriptive injo~•mation submitted with the application shall become part of the permit. 2. The wall adjacent to the north property line shall be a solid wall with aone-hour fire-rated separation. 3. Proper frost footings, approved by the Building Official, shall be installed for the addition. Ayes-Fiorendino, Schmitt, Peterson, Szurek Nays: Thompson .MOTION PASSED. The attached Resolution will go to the City Council December 8, 2008. 36 Planning & Zoning Commission Minutes Page 5 December 2, 2008 RESOLUTION N0.2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MARY ZAHORSKY WHEREAS, a proposal (Case # 2008-1201) has been submitted by Mary Zahorsky to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4826 W. Upland Crest LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot side yard. setback variance for the construction of an addition per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 2, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The wall adjacent to the north property line shall be a solid wall with cone-hour fire-rated separation. 3. Proper frost footings, approved by the Building Official, shall be installed for the addition. 37 PLANNING & ZONING COMMISSION MINUTES PAGE 6 DECEMBER 2, 2008 CASE NUMBER: 2008-1202 APPLICANT: Speedy Signs and Graphics LOCATION: 4621 Central Avenue REQUEST: Site Plan Approval for signage INTRODUCTION At this time, Speedy Signs and Graphics is requesting a site plan approval for new signage at 4621. Central Avenue. The tenant space is the location of the old Cousin 's Subs, and more recently the Saigon Delight Vietnamese Restaurant. The Planning Commission reviewed a site plan for a new freestanding monument sign for the Saigon Delight restaurant in October of 2007. A monument sign was never constructed and the restaurant went out of business. The current proposal is for a new monument sign for Mr. BBQ at the same location. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, and one way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines. By using a monument sign instead of the pylon sign, Mr. BBQ's signage plan would be consistent with the Design Guidelines and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north and south. The properties to the east are zoned R-3, Multiple Family Residential and the properties to the west are in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property fines. The applicant's sign plan indicates that the monument sign will be five (5) feet in height and 35 square feet in area. The site plan for the sign also indicates that the monument sign will be located six (6) feet from the front property line. The applicant stated that they would utilize the same space as the previous tenant for permanent wall signage on the building. The wall signage used for Mr. BBQ would be considered a reface of an existing wall sign and is not subject to site plan approval. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of synthetic stucco and will be colored to match the building. The Design Guidelines also prohibit internally lit box signs. The proposed monument sign incorporates internally lit channel letters, which would be consistent with the intent of the Design Guidelines. 38 Planning & Zoning Commission Minutes Page 7 December 2, 2008 FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Gur.'delines standards for monument signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. Since the signage plan conforms to all standards outlined in the Design Guidelines, staff recommends approval of the site plan for the Mr. BBQ, located at 4621 Central Avenue. Questions from members: The members had no questions. Public Nearing Opened: A resident from 1001 46'x' Ave was concerned that the sign would be too high and would shine into his house at night. Sargent explained it would only be 5 feet high and would not be intrusive on his property. Public Hearing Closed. .Motion by Fiorendino, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ18, there being ample copies available to the public. All ayes. Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2008-PZ18, being a resolution approving a site plan, for Mr. BBQ, located at 4621 Central Avenue. AZl ayes. MOTION PASSED. 39 Planning & Zoning Commission Minutes Page 8 December 2, 2008 RESOLUTION N0.2008-PZ18 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4621 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MIIYNESOTA WHEREAS, a proposal (Case #2008-1202) has been submitted by Speedy Signs and Graphics, doing business for A1~. BBQ, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIP'I'lON: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Mr. BBQ located at 4621 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December ~, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and. recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: ] . The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1) calenda~~ vear after the approval date, subject to petition for renewal. of the permit. Passed this 2"d day of December 2008, Offered by: Fiordino Seconded by: Schmitt Roll Call: All ayes Attest: SECRETARY, Shelley Hanson CHAIR Marlaine Szurek Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined. above. _. _ Salah Kalai. Date 40 Planning & Zoning Commission Minutes Page 9 December 2, 2008 OTHER BUSINESS Sargent reported that the City had filed an extension. with the Met Council for submitting the Comprehensive Plan Update. The extension has been granted, but in order to comply with the time frames, staff had the City Council review the rough draft so it could be sent out to the neighboring cities as required. The cities then have a designated time period to review our plan and submit relevant comments. Sargent said a joint meeting/Open House will be held sometime in January for review and input. He is hoping an article in the paper inviting the public will prompt citizens to attend and comment on the plan. He stated the timing of our update was fortunate because we were able to address the housing component based on the large number of foreclosures our city has experienced during the economic crisis we are in. Other cities that renewed recently didn't necessarily address this as a priority in their plans. Commission members asked about various projects in our city. Sargent updated them o_n_ the stat>>s of these projects. The meeting was adjourned at 7:46 p.m. Respectfully submitted, Shelley Hanson Secretary 41 CITY COUNCIL LETTER Meeting of: December 8, 2008 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM:: 2009 SEASONAL & TEMPORARY WAGE BY: LINDA L. MAGEE BY: ~" ~~ ~ ~~ ~~ ADJUSTMENTS DATE: November 24, 2008 DATE: NO: Attached are proposed 2009 wage schedules for non-union part-time temporary Library employees, seasonal Public Works employees, seasonal/temporary Recreation employees, and interns. A 3.5% wage adjustment is recommended. for temporary Library employees, seasonal Public Works employees, and interns. The Recreation Director is recommending no adjustment to 2008 rates for 2009. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-303, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2009. COUNCIL ACTION: ,~-- 42 RESOLUTION 2008-303 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIlVIE LIBRARY POSITIONS, SEASONAL PUBLIC WOP:KS 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 office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January I, 2009. Passed this 8th day of December, 2008. Offered. by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 43 2009 PART TIME TEMPORARY LIBRARY EMPLOYEES SCHEDULEI PAGE Entry $9.70 6 months $10.27 12 months $10.84 24 months $11.41 LIBRARY AIDE Entry $9.92 6 months $10.54 12 months $11.16 24 months $11.78 36 months $12.40 LIBRARY SUPERVISORS Entry $18.23 b months $19.25 18 months $20.26 44 2009 PUBLIC WORKS SEASONALS SCHEDULE II Entry 1 Year 2 Years 3 Years 4 Years 5 Years 6 Years Seasonal Laborer $9.95 $10.19 $10.42 $10.66 $11.01 $11.36 $11.71 (Including Rink Maintenance) Warming House $9.95 $10.19 $10.42 $10.66 $11.01 $11.36 $11.71 Attendant Warming House $10.95 $11.21 $11.46 $11.72 $12.11 $12.49 $12.88 Lead Attendant Engineering Aide $12.24 $12.53 $12.82 $13.10 $13.54 $13.97 $14.40 45 2009 RECREATION SEASONALS SCHEDULE 111 Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the Employer POSITION ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS Summer Playground Asst. $7.85 $8.03 $8.21 $8.48 $8.75 After School Instructor $7.85 $8.03 $8.21 $8.48 $8.75 Trip Chaperone $7.85 $8.03 $8.21 $8.48 $8.75 Facility Supervisor $8.29 $8.48 $8.67 $8.96 $9.24 Scorekeeper (per game} $8.29 $8.48 $8.67 $8.96 $9.24 Baseball Umpire -House League (Pout h) $1S/game -Traveling (Plate) $30/game -Traveling (Base) $25/game Soccer Officials (Yauth) $14/game Softball Umpires (Youth} -Youth Slow Pitch $16/game -Youth Fast Pitch $25/game Basketball Officials (Youth} - House League $16/game -Traveling $20/game Football Officials (Youth) $25/game Adult Athletics Umpire/Officials (Softball, Basketball, Volleyball, & Football} Performing Arts Instructor (Gymnastics, Cheerleading, and Ballet) Summer Playground Supervisor Trip Supervisor Program Instructor $25/game 4 YEARS $9.02 $9.02 $9.02 $9.53 $9.53 $8.34 $9.73 $11.12 $12.51 $13.91 $15.45 $8.59 $10.02 $11.46 $12.89 $14.32 $15.91 $8.59 $10.02 $11.46 $12.89 $14.32 $15.91 (Market rate--contingent upon approval of the Recreation Director and the Assistant to the City Manager.) 46 2009 INTERNS SCHEDULE IV Rate 1 $11.40 Rate 2 $11.94 Rate 3 $12.48 Rate 4 $ l 3.03 Rate 5 $13.5 7 47 CITY C®TJl~iCTL LET'T'ER Meeting of December 8, 2048 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV ITEM: Transfer of Fends front General Fund to Police BY: Scott Nadea BY:~ ,~'~'~,,~° NO. Dept Budget to Reimburse Overtime Fund DATE Decerrtber 1, 2008 DATE: re: Detox transports BACKGROUND During September of 2008, the Columbia Heights Police Department has transported 6 detox patients to detox centers outside of Anoka County. As part of the agreement that led to the closing of the Anoka County Detox Center, the County agreed to reimburse each Police Department $30 per patient transported in 200$. These transports go to Mission Detax in Plymouth, Ramsey County Detax in Downtown St. Paul, and Dakota County Detox in Hastings. We have received a check fram Anoka County on 12/01/08 far $180 as reimbursement far these transports. This money is considered revenue and it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Cauneil pass a motion requiring the $180 received from Anoka County for Detox Transport reimbursement be placed in the 2008 Police Department Budget Line 1020, Police Overtime. RECOMMENDED MOTION Move to transfer $180 received fram Anoka County for partial reimbursement of costs associated with Detox Transports fram the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. kaa COUNCIL ACTION: 48 It°~j L~ ~~~~it° 8:09 X0000 ~ ~B: i 38 58 3 2D ~809it' V= 17617 ANQKA COUNTY-CHSS REMITTANCE ADVICE DATE 11/26/2408 CHECK NO. 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J.......s .....:: :....... n ......:. ........ ...l{;?rii;l,.;vvv..::.fq::.'.iy{-}:L{•S:: •' yy }}~~,. ~4 •s .I-R-... 55?.~}i} •.:ti':•'.:::{:i;Y ~..,. ~i$~~'~: `f a":SS'i'::i::~•,i/5~:=:..,. :.r,;... :;A ... .... .. i. .~y~j .., .. .....:v.- ..t v,:.. ,:.::,:: i:rvv..: ,'::. ~:.,:::.v;,v. , ..... ... ... .. ....... ~. .. '{4Jn~:v k•. :::...}:.v::.:i.J.`.k{•}+..}: .,.~;;•.m y...i*....; y..}.W{. J:,,: .; v,..Y.,~~•.v~{:'•..vv.. .h:i..:v:f.;...,..... •:.:} ,.S rS,v„ .A u':~'{~:~n.:,...,.,.:}}:..:...5.;•;•'inv:ia,>}ti~:~.r':•i. 11213800 21/18/2008 t7ETOX TRANSPORTATTOIV 9/10/2008- 9/29/2008 180.00 *** TOTAL 180.00 '~~~ „15" .. S 49 07414W COLUMBIA HEIGHTS CITY COUNCIL LETTER Regular Meeting: December 8, 2008 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Adopt Resolution 2008-305, being a BY: Sheila Cartney BY:~,- ~- =` = ~`` Resolution Approving Acquisition of property DATE: December 2, 2008 ~ ~ located at 4636 Polk Street and Adopt Resolution 2008-313 being a Resolution Approving terms of Interfund Loan in Connection with K-mart/Central Avenue TIF District BACKGROUND: Recently the Police Department has put forth concentrated efforts to stabilize the Sheffield Neighborhood. The Community Development Department is partnering with the Police in the stabilization process. The Sheffield Area was designated as a redevelopment area in 1994. Since then, a TIF District has been established in this area and redevelopment strategies developed in 2006. As part of this ongoing effort the city has the opportunity to purchase a duplex on Polk Street for $97,500 plus closing costs. The property has been vandalized and is in poor condition, there is some electrical and plumbing missing from the units. If purchased staff recommends the duplex be demolished, the cost of demolition is estimated at $18,000. The duplex was built in 1961 and is 2,310 square feet. The funding source for this purchase is from Fund 410, which is designated for the Sheffield Area Redevelopment. The City has purchased two houses with these funds this year. The original amount in the fund was $569,953, after the two purchases the balance is $389,000. In order to maintain flexibility regarding the funding source, the EDA authorized an inter-fund loan as a source of future repayment. RECOMIVVIENDATION: Staff recommends Adoption of Resolution 2008-305, Approving Acquisition of Property located at 4636 Polk Street NE., and Adopt Resolution 2008-31.3, Approving terms of an Interfund loan in connection with K-mart/Central Avenue TIF District. RECOD'IlVIENDED MOTION: Move to waive the reading of Resohrtion 2008-305, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-305, a Resolution Approving the Acquisition of Property located at 4636 Polk Street NE; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Move to waive the reading of Resolution 2008-313, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-313, a Resolution approving terms of Interfund loan in connection with K- Mart/Central Avenue TIF district. Attachments: Kesolution ZUU2S-3US. Kesolut~on ZUU2S-313, (t'~ctures of 4b.ib YoIK wail be attacnep COUNCIL ACTION ~i-~°.. 50 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-305 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4636 POLK STREET WHEREAS, the City has found that there exists conditions of substantial deterioration which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences} for intervention by the City to prevent further deterioration of the area, and WHEREAS, they City is making a concentrated effort to acquire foreclosed properties in the Sheffield area, and WHEREAS, the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Citi Financial (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED l . The City Council hereby approves the terms of the Purchase Agreement for 4636 Polk Street NE between the City of Columbia Heights and Citi Financial and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price up to $97,500 plus all ancillary costs associated with closing and to proceed with demolition bids. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Sheffield Redevelopment funds (fund 410). Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 51 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-313 RESOLUTION APPROVING TERMS OF INTERFUND LOAN IN CONNECTION WITH K-MARTICENTRAL AVENUE TIF DISTRICT RECITALS A. The City of Columbia Heights. ("City") and its Economic Development Authority ("Authority") have undertaken a program to promote the development and redevelopment of land which is tmderutilized within the City, and in this connection the Authority administers the Downtown Central Business District Redevelopment Project ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.090 to 469.1081 (the "Act"). B. Pursuant to the Act, the Authority or City is authorized to acquire real property for development and redevelopment by private enterprise or public use. C. The City proposes to acquire certain property in the Project located at 4636 Polk Street (the "Property"). D. The Authority and City intend to modify the boundaries of the K-Mart/Central Avenue Tax Increment Financing District ("TIF District") to include the Property in order to facilitate development of the property. E. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. F. The City has determined that it is in the best interests of the City to loan funds to the EDA in order to acquire the Property, which loan will be repaid from. tax increments, all as further described in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City authorizes a loan in the maximum principal amount of $1.16,500 (the "Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such amount will be made available at or before the closing on acquisition of the Property by the City. 2. The outstanding principal balance of the Loan bears interest at the rate of 8.0 percent per annum for expenditures made in 2008. For expenditures made in 2009, the interest rate shall be reset to the greater of (a) the rate specified under Minnesota Statutes, Section 270C.40 or (b) the rate specified under Minnesota Statutes, Section 549.09 for 2009. Interest accrues from the date of disbursement from the identified funds in order to acquire the Property. 3, The Loan is payable from tax increments generated from the TIF District as described in the Authority's Resolution Approving the Terms of Internal Loan in Connection with K-Mart/Central Avenue TIF District, approved on the date hereof. Principal and interest 53 ("Payments") shall be paid semi-annually on each August 1 and February 1 ('`Payment Dates"), commencing on the first Payment Date after the first advance of Qualified Costs and continuing through the earlier of (a) the date the principal and accrued interest of the TIF Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District. Payments will be credited to the respective fund from which the Loan was drawn. All payments shall be applied first to accrued interest, and then to unpaid principal of the Loan. 4. The principal sum and all accrued interest payable under the Loan are pre-payable in whole or in part at any time by the Authority without premium or penalty. 5. The Loan is evidence of an interfund loan in accordance with Minnesota Statutes, Section 469.178, subd. 7 and is a limited obligation payable solely from the revenues pledged. to the payment hereof under this resolution. This Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Loan or other costs incident hereto except out of the pledged revenues, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Loan or other costs incident hereto. 6. The Loan is subject to modification of the TIF Plan to include the TIF District area. 7. The City may amend the terms of this Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. 8. The City Council authorizes and directs staff to take all actions and execute any collateral documents necessary to carry out the intent of this resolution. Approved by the City Council of the City of Columbia Heights, Minnesota this 8th day of December, 2008. Motion By: Second By: Passed: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 54 CITY COUNCIL LETTER Meetin of: December 8, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve demolition contract for 4631/33 BY: Sheila Cartney r BY:~'` Pierce Street. DATE: December 3, 2008 i Background: On November 6, 2008 the City purchased property at 4631/33 Pierce Street, at that time of authorization council also approved any ancillary closing costs in addition to directing staff to bid for demolition. On November 19, 2008 staff submitted bid specification documents to ten companies, and on December 1, 2008 four firms returned bids. Bid tabulations are as follows: Com an Quote Kevitt Excavatin $13,985 Veit ~: Com an~~ Inc $14,843 Bolander and. Sons $17,246 Frattalone Com anies $ 14,675 Based on these bids staff is recommending that Kevitt Excavating LLC be awarded the contract as responsible low bidder. In addition, it should be noted that the total demolition cost to the City includes this bid ($13,985), $1900 for utility disconnects (this was done through a Public Work's City contract) and $950 for a hazardous material survey. Total demolition costs equal $ 16,835, which is below staff's original estimate of $20,000. Staff has a demo deadline of January 8, 2009 in the contract. Recommendation: Staff recommends awarding the demo bid to Kevitt Excavating LLC, based on the responsible low bid they provided. Recommended Motion: Move to approve the demolition contract far 4631/33 Pierce Street per bid specifications in the amount of $13,985 between the City of Columbia Heights and Kevitt Excavating LLC. Attachments: Kevitt Bid Documents COUNCIL ACTION: 55 ~~~I ~~3 ~l~ir~e~ Pierce Street". ~' above. » Submit bids to: J~~jv rat"" Quotes must be received by the time and location indicated Sheila Cartney Columbia Heights City Hall S90 40t~' Avenue NE Columbia Heights, MN 55421 Phone: 763-706-3675 Fax:763-706-3671 Selected Conh•acto~• The Contractor selected far this project must enter into a Work Agreement with the City. As such, Contactors agree to the terms and conditions as set forth in this Work Agreement. • The successful Contractor will be required to post a Certificate of Insurance, as required izi this Work Agreement. • The city owns the property. » Work shall be completed by Januaz•y 8, 2009. » The contractor shall provide the City with a schedule of the work, outlining how and when the work shall proceed. The City will inspect the work. Any questions regarding the work shall be directed to the Community Development Department at (763) 706-3670. ' mote / .~ g ~ ~5~ The total quote far the demolition of 4631133 Pierce Street is Quote for hazardous removal is '~ ~.f ~ Quote for Demolition is / ~i ~ ~ ~ L ~~~~ Signature of Company Official 1 ~~ I•-~~ Date Cit of Columbia Heights ~/~~ Y I~ ~ ~ Date Contact Name Cr/~ # ~ /v?- de's'- ~~C';~ Contact Telephone 56 4 Working hours shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Work shall not be conducted on weekends tu~less appzoved by the City. Questions regarding the scope of work or contractual obligations with the City should be directed to Sheila Cartney (Asst. Community Development Director} at 763-706-3675 P~•ocess 2. 3. 4. 5. The Contractor shall include in lus or her quote: - Any necessary demolition permit costs - Mandatory MPCA 10-day notil:zoation - Mobilization costs . - household hazmat removal -Survey Attached - Bz•ealtdown between demo and restricted/hazardous material removal Those quoting shall qualify themselves by a personal examination of the site. Arrangements to view the site can be made by contacting Sheila Cartney in the Community Development Department at (763) 706-3675. • The City reserves the right to reject any and all quotes, to waive any informalities therein and to adjourn the meeting to a later date for the purpose of further consideration of the quotes and t~lcirzg action thereon. • The City will not approve additional costs related to winter conditions. • The Contractor shall state in its proposal the date of commencement and time required for final completion of work. Proposals will only be accepted if the completion time is 30 days or less. Said dates will be incozporated into this contract. I'~o special conditions or contingencies shall be added to the proposal form by a bidder. • Two copies of your quote are due at the Columbia Heights City IIall (Coznmtuzity Development Department) no later than 4:00 p.m. on December 1, 2008. City staff will review quotes and make a reconvnezadation to the Columbia Heights City Cozuieil, which will consider award of the contract at their regular meeting held on December 8, 2008 at 7:00 p.m. in City Hall. • Quotes must list subcontractors tentatively scheduled to work on this project. All changes must be submitted to the Conununity Development Department. f7 !'7 L"y'~c'sj.i ~i''i~ -' fr~rl ~"~~.n c~..t~/ ~i~ v~rc,yl'ht•~ f'~ ~ ,,~`.~rv-r r c' J' ~~r[~~•r ~°J Quotes are to be submitted. in an envelope bearing on the outside the name of the bidder, their address and the statement "Quote far the removal of 4631/33 57 CITY COUNCIL LETTER Meetm ot: IL/ti/U2S AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ' ' ., ITEM: 2008-2009 SNOW AND ICE CONTROL POLICY BY: h. Hansen BY: + '''~ ~ ~ y DATE: 12/02/08 DATE: `~, Background: The Snow and Ice Control Policy was reviewed by city staff and minor changes have been made this year. Those changes include minor equipment changes and operational clarification. Based upon an October 8`n 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a snow and ice control policy that is reviewed by the City Council and approved by resolution. Since 1999 our policy has been reviewed with the Council annually with a resolution approving the City's Snow and Ice Control Policy. Analysis /Conclusions: The plan has been updated for the 2008-2009 year with minor revisions to clarify operational procedures: • Miscellaneous snow removal from designated side~vaiks ~*~as modified to include the addition of Nuset Parkway and University Avenue. • Columbia Heights will be responsible for plowing/ice control maintenance on 37`n Avenue, Central Avenue to Stinson Boulevard for 2008-2009. • The number of snow removal areas has been reduced -based on the history of removal. • The number of sand barrel locations has been reduced -based on historical use. • Street plow routes have been modified slightly to make the best use of equipment. (tandem dump truck was eliminated) • Maps have been updated to include new areas of responsibility such as the new liquor stores. • The equipment list has been updated. Public Works recommends adopting the 2008-2009 Snow and Ice Control Policy. Recommended Motion: Move to waive the reading of Resolution No. 2008-306, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2006-306, adopting the 2008-2009 Snow and. Ice Control Policy for the City of Columbia Heights. KH:cb Attachment: Resolution 2008-306 2008-2009 Snow & Ice Control Policy COUNCIL ACTION: 58 RESOLUTION N0.2008-306 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control 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, N0~~6', THEREFORE, ;vE IT RESOLVED, by the City Cauncil cf the City cf Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 8t" day of December 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 59 CITY OF COLUMBIA IIEIGHTS P~JBL~C VVO~L~S DEPA~TME~T ~ 0~~ ~~ ICS COl`~Tl~OL ~'t~LIC,Y 4~ ~- {r ~ ~K j, E'er i Zoosi2oo9 60 SNOWPLOWING AND ICE CONTROL POLICY 1. Introduction: The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City strives to provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental conceals. The City will use city employees, equipment and /or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that maybe using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions. 2. dxJhen will city start snow and ice control operations? The Director of Public Works or assigned representative will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of three (3) inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; D. Time of snowfall in relationship to heavy use of streets; E. Weather forecast, temperature, type of snow, duration and intensity of stone The Police Department assists Public Works Maintenance in monitoring street conditions and notifies Public Works Maintenance personnel of snow and ice conditions needing immediate attention. Maintenance personnel are notified in accordance with the Public Works Department policy for emergency calls. Snow and ice control operations are expensive and involve the use of limited persoruiel and equipment. Consequently city wide snowplowing operations will not generally be conducted for snowfall accumulations of less than three (3) inches. Plowing during the parking ban has proven to be the most efficient. 3. How snow will be plowed? Snow will be plowed in a mariner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed fiom centerline to curb on two-way streets. On one-way streets or where there is a center boulevard, snow lnay be pushed in either direction. Discharge shall go onto the boulevard area. Generally, operations shall continue until all roads are passable. There maybe instances when this is not possible depending on stone conditions and other circumstances. 61 1 4. Priorities and schedule of streets plowing and snow removal. The city has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Some priorities are performed simultaneously depending on conditions and existing situations. Priority #1 -Main thoroughfares, low volume residential and commercial streets, Fire and Police Department ramps and accesses, alleys, cul-de-sacs, dead ends, pump and lift station accesses. Priority #2 -Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. Priority #3 - (Business District, parking lots, widening streets, etc.) Snow removal as needed. Pi°io-rity #4 -Central Avenue (streetscape district only - 37`h to d3~d Avenues}. Snow removal around bus benches as needed Priority #5 -Park pathways, skating rinks and hockey rinks Priority #b -Industrial and school hydrants -snow removal as needed Priority #7 -Residential hydrants -snow removal as needed -Assist Adopt-a- Hydrant Program. Priority #8 - Murzyn Hall, Police Station, Library. Check for ice dams and plugged drains. Remove ice dams and open drains as needed. During significant and severe storms, the city must be prepared to move personnel an equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be stopped at any trine so resources can be shifted to priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 5. Snow Removal The Director of Public Works or assigned representative will determine if and when snow will be removed from the area by thick. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where 622 accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, persoruiel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 6. Work schedule for snowplow operators. Snow plow operators will be expected to work eight-hour shifts. in severe snow emergencies, operators sometimes have to work in excess of eight -hour shifts. Safety of the plow operators and the public is important. Therefore, if additional qualified snow plow operators are not available snow plowing/removal operations maybe terminated after 12 hours to allow personnel adequate time for rest. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. 7. Traffic Regulations The city recognizes that snowplow operators are exempt fiom traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operator engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 8. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of the snowplow operators and equipment. Factors that may delay snow and ice control operations include but are not limited to: severe cold, significant winds, and limited visibility. 9. Use of Sand, Salt, and other Chemicals The city will use sand, salt, and other chemicals when there area hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 63 3 10. Sidewalks The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached. It is the responsibility of the resident and/or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. This includes any snow plowed from public streets onto the sidewalk. 11. Mailboxes Coming into contact with a mailbox is a common obstacle snowplow operators face during storm activities. The city will conduct a review of each mailbox incident to determine whether the city will replace or provide reimbursement for the mailbox. Only mailboxes actually hit by a snowplow will be the responsibility of the city. The city will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact the mailbox. At the mailbox owner's request, the city will replace the mailbox with a standard size, non-decorative metal mailbox and replace file Support pGSt as necessary Wltli a ~"x -fir", decay resistant `J4'O®d suppoi t post, both installed by the city. Alternatively, the city will reimburse the mailbox owner $'75.00 for the replacement of the mailbox and post by others. 12. Landscape The city will not repair/replace sod damaged due to the application of sand, salt or other deicing chemicals. The city will repair sod damaged by snow plow during snow removal operations with black dirt and grass seed. Property owners who install decorative materials in the right-of--way do so at their own risk. Damage within the public right-of--ways is the responsibility of the property owner, including but not limited to: trees, shnibs, bushes, landscape materials, decorative rock, retaining walls, fences and irrigation systems. 13. Deviation From Policy The Director of Public works or appointed representative may deviate from this policy when in his or her judgment it is in the best interest of the city or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more the 4 hours) will be documented as to what caused such actions, why the change was necessary, and for how long the change is to be in effect. Those city employees and/or contractors affected will be notified immediately by radio or cell phone of such changes with all coirununications logged..Information logged will include the time and date of the communication, name of the employee contacted, and how they were contacted. Any changes of priorities lasting more that 24 hours should be made in a written record and the public should be informed of such changes tlu-ough normal methods used by the city for emergency notifications, 64 4 14. Complaint Procedures Complaints will be recorded on telephone lags. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled in an expeditious mariner as resources are available. 15. Review and Modification of Policy The Director of Public Works or appointed representative shall keep on file all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 655 PLOWING EMERGENCY -PERSONNEL & EpUIPMENT A. Assigmnents by department The Street Department shall remove snow according to the following priorities: a. Assign personnel as necessary for street plowing and ice control operations. b. Remove snow from main thoroughfares and apply salt and/or sand. c. Remove snow from residential streets and alleys and apply salt and/or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. 2. The Sewer and Water Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Plow entrances and areas around the water tower, pump houses, and lift stations. c. Clean sidewalks and entrances at the Library before it opens and, if necessary, in the afternoon. Personnel shall assist others who are hand shoveling other areas. d. Personnel shall assist the Fire Department in digging out hydrants as needed. Certain hydrants have been designated as critical aild will witnessed by reflective hydrant markers. 3. The Park Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Clear snow and deice all City Hall, Police Department, Fire Department and JPM sidewalks and entrances. Fire Department: For snow conditions of three (3) inches or more the Fire Department shall initially clear all doorways, stairs, and open the walks around City Hall. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished; Public Worlcs shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewallcs and entrances on weekends, holidays and evenings. If 666 conditions warrant, they may use the snow blower from the Fire Department. c. Remove snow from municipal sidewalks • City Hall, Police Station and upper JPM parking lot • Recreation and JPM - Mili Street sidewalk • Library - 40`'' Avenue sidewalk and Jackson Street sidewalk • 900 40`x' Avenue (Van Buren Street -parking lot) and perimeter sidewalk • 3982 Central Avenue -sidewalk on south side, Central Avenue to parking lot • Jefferson Street Divide sidewalk (46`h Avenue and Jefferson Street) • Liquor Stare Top Valu #1 - 4950 Central Avenue -Central Avenue sidewalk adjacent to street. • Liquor Store # Top Valu #2 - 2105 37`'' Avenue -Sidewalks on 37`h Avenue & Hart Blvd. adjacent to street d. Remove snow from miscellaneous designated sidewalks West side • 49`h Avenue, University Avenue to Monroe Street • 5`'' Street, 47`l' - 48`h Avenue, east side sidewalk • 42nd and University (walk bridge) west side • 40`h Avenue, University Avenue bus stop, 3`d Street to University Avenue • 828 40`h Avenue (community development property) • 40`x' Avenue, Central Avenue to Hayes Street • 3942 Van Buren Street (storm water overflow area) • 3982 Van Buren Street (community development property) • Central Avenue 4022 and 4024 (between buildings) • 4011 5`h Street (community development property) • Jackson Street, 41 S` Avenue to 42nd Avenue East Side • 37`x' Avenue, north side, Reservoir Blvd. to first alley east • 44`'' Avenue (Tyler Street to Reservoir Blvd.) • 961 Gould Ave. (community development property) • 3939 Central Avenue (Burger King) • 825 41 S` Ave. (NEI) e. Remove snow from Paric sidewallcs • Huset east and west, Jefferson Street • Jackson Pond, south end sidewalk • Edgemoor Parlc, 2nd Street sidewalk • Ostrander Park, Tyler Street sidewalk and front entrance sidewalk 67~ • Wargo Park, exterior sidewalk • Gateway Park, exterior and interior sidewalk £ Remove snow from Park pathways • University Avenue Bike path - 40`'' to 45`x' Avenue • McKenna Park pathway • Sullivan Park pathway • Curt Ramsdell Park pathway • Silver Lake Beach • LaBelle Park pathway • Prestemon Park pathway • Huset West Parkway g. Remove snow from skating areas and park parking lots. h. Roof Maintenance JPM, Police Stattoll, Library • Remove ice darns and unplug roof drains 4. The Sign Department personnel shall hand shovel the pedestrian bridges and spread deicer. • Furnish personnel as necessary for street plowing operations • 42°d and University Avenue (walk bridge) • 49`h and Central Avenue (walk bridge) The Engineering Department Techs shall remove snow and de-ice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow from the pedestrian bridges. Drivable Equipment Used in Snow Emergencies: Heavy Equipment #9 Case front-end loader with front plow (two stage snow blower -used for snow removal) #14 Caterpillar front-end loader with front plow and wing plow #104 JCB backhoe loader with front plow #128 Caterpillar backhoe loader with front plow Dump Trucks #001 14,000 G.V.W. Ford dump truck with front plow and sander #45 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (Alleys) #68 33,000 GVW Sterling dump thick with reversible front plow, underbody plow, wing plow and sander (SE Quadrant) #69 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (NW Quadrant). 688 #80 35,000 G.V.W Freight liner dump truck with reversible front plow, underbody plow, wind plow and sander. (SW Quadrant) #99 33,000 G.V.W. Ford dump truck with reversible front plow, underbody plow, wing plow aid sander (NE Quadrant). #195 14,000 G.V.W. Ford dump thick with front plow #250 14,000 G.V.W. Ford dump truck with front plow Pickups #12 4 x 4 3/4 ton Chev pickup with plow #117 4 x 4 1 ton Ford pickup with plow #125 4 x 4 3/4 ton Chev pickup with plow #137 4 x 4 1 ton Ford pickup with plow #221 4 x 4 3/4 ton Ford pickup with plow - (designated for Police use until streets are passable) #234 4 x 4 1 ton Ford pickup with plow (designated for Park use) Misc. Equipment #232 Toro Groundsmaster 4 x 4 (with broom attachment) #280 Caterpillar 274 Skid Steer (with snow bucket attachment) #29b MT Trackless (with snow blower, plow and broom) Street Plowing Routes Attached are snaps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, parking lots and snow removal areas. 1. Main thoroughfares -Dump trucks assigned to quadrants 2. Quadrants SW, NW, SE, NE -dump tnicks 3. Th.ni-alleys - #45 dump truck with V plow 4. Dead-end alleys and cul-de-sacs -Pickups and 1 ton dump trucks 5. Parking lots -Case front end loader (#9) and Backhoe Caterpillar (#128) 6. MSC, SACA, Library, load sand trucks backhoe JCB (#104) 7. #14 - 37`x' Avenue to 40`" Avenue from University to Central -Central Avenue from 37`x' Aven8e to 43'~ Avenue (bump outs and pork chops). 37`h Avenue to 45`x' Avenue from Main Street to University Avenue. Main Thoroughfares: Quadrants Four dump thick plows -each operator is assigned to a specific quadrant. SW Quadrant. This area is from 37th Avenue to 45th Avenue (University Avenue to Central Avenue). Plow main thoroughfares first. 40`x' Avenue, 44`x' Avenue, and 45`'' Avenue (University Avenue, 45`x' to 42"d} and Jefferson Street. (40`'' Avenue to 45`x' Avenue} 69g Note: We share the responsibility of plowing 37`h Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave, to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1st to October 1st, For 2008-2009 Columbia Heights maintains Central Avenue to Stinson Boulevard. NW Quadrant This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has five main arterials to be plowed first, that being Jefferson Street; University Avenue Service Road; 49`x' Avenue, 5151 Avenue and 53`d Avenue (Fridley plows S3~d Avenue, Columbia Heights does ice control). The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting paints maybe used each time. SE Quadrant. This area includes 37th Avenue to 44th Avenue between Central Avenue and Stinson Blvd. This quadrant has seven main arterials to be plowed first which include Reservoir Boulevard, 39`h Avenue, 40`h Avenue, Arthur Street, Hart Boulevard, Stinson Boulevard, 37`'' Place, and Benjamin Street (43`d Avenue to 45`'' Avenue). After the main arterial have been completed, plowing starts at Tyler Street from 37`x' Avenue N and then works avenues from 37`h to 44`x', then streets easterly to Stinson Boulevard. When this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October lst to October 1st. For 2008-2009 Columbia Heights maintains Central Avenue to Stinson Boulevard. NE Quadrant: This area includes 44th to 515` Avenue from Central to Stinson. This quadrant has main arterials to be plowed first which include 44`x' Avenue, Central Avenue to Reservoir Boulevard; 45`x' Avenue, Central Avenue to 44`h Avenue; 47`i' Avenue, Central Avenue to Fillmore; Fillmore, 45`h to 49`" Avenue; 49`'' Avenue, Central Avenue to Fairway Drive; Fairway Drive, West Upland Crest to Stinson Boulevard; Stinson Boulevard, Silver Lake Beach to Argonne Drive; Arthur Street, 44''' Avenue to 45`x' Avenue; 45`'' Avenue, Chatham Road to Stinson Boulevard; Chatham Road, 45`'' Avenue to 49`h Avenue; Reservoir Boulevard, 44`'' Avenue to Fillmore Street. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop ~~ o Addition, Innsbruck Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Thru-Alleys The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th Avenue and works its way east. Alternate starting points may be used each time. Equipment problems and weather conditions may require the use of 4-wheel drive vehicles to clear alleys. Dead-end alleys and cul-de-sacs The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get at places. When operators have their own designated areas finished, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V" plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parking lots Plow route for #9 front-end loader, #104 backhoe and #128 backhoe is as follows: 1. Administration Building (590 40`l' Avenue), Police (554 Mill Street) & Fire (555 Mill Street} lots. Note: Remove snow from 40`" Avenue curb line from alley east to Mill Street. Note: Plow Mill Street from 40`" Avenue to 5°i Street. 2. JPM (530 Mill Street) upper and lower lots. 3. Van Buren lot south of 40`j' Avenue (900 40`'' Avenue). Parlcin~ Lots Plow route for #12 - 4-wheel drive pickup 1. Municipal Service center yard (637 38`" Avenue) and parking areas. 2. Madison Street - 37`" Avenue to dead-end 3a 38`x' Place -Madison Street to dead-end 4, SACA (627 38`'' Avenue) 7111 5. Library (820 40`h Avenue) Note: Remove snow from 40°i Avenue curb line 6. Heights Liquor Store (5225 University Avenue) -Liquor Store #3 7. Dental Office - 5215 University Avenue 8. Liquor Store Tap Valu #1 - 4950 Central Avenue 9. Liquor Stare Top Valu #2 - 2105 37`x' Avenue ICE CONTROL When there is any accumulation of snow or ice, it normally is necessary to salt andlor sand streets. This fimction begins when reports from the police indicate that slippery conditions exist. On weekends and evenings the Police or County Central Dispatcher calls the duty person. The duty person organizes the ice control operation based on the Superintendent's standing instructions. Main thoroughfares, emergency routes, controlled intersections, and dills are given priority. Police reports of slippery conditions are also considered. Application. is limited on low volume streets and cul-de-sacs. Salt sand will be furnished for residents in the designated area outside the Recycling Center {3801 Madison Street). SNOW REMOVAL Certain actions and areas were designated by the City Council on January 11, 1982, and amended from tune to time, for services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and ice control that the City may perform depending upon the amount of snow accumulation. When accumulated piles of snow in the business areas, around schools, churches and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1) Huset Park East Quincy parking lot, (Note: restricted to daytime use} and 2) Huset Park East Jefferson lot. Saaow Removal at Library A. Parking Lot: The Library parking lot will be cleared in accordance with the priorities established in this policy. The lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks: During the workweek, two members of the Sewer & Water Department will remove snow and ice from the sidewalks, stairwells and entrances to the Library before the Library opens and, if necessary, in the afternoon. Personnel employed by the 7~ 2 Library under the School Work Program if available will do the sidewalk snow and ice removal: The Weekend Duty Person will be responsible for clearing snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library persom7el are responsible for snow and ice clearing on Sahtrdays after opening and, if conditions warrant, may call out the weekend duty person for assistance. Note: Weekend Duty Person is not responsible for clearing snow and ice from stairwells. 7313 PLOWING/ICE CONTROL INFORMATION 1. 3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING • AREAS ARE TO BE SALT/SANDED IN CONJUNCTION WITH PLOWING OPERATIONS 2. SNOW DEPTH I" TO 3" -PLOW DRNING LANES AND APPLY SALT/SAND 3. FIRST PRIORITY -ARTERIALS AND RESIDENTIAL AREAS 4. ALLEY PLOWING: • THRU-ALLEYS PLOWED WITH "V" PLOW • DEAD END ALLEYS PLOWED WITH PICK-UPS 5 . POLICE REQUEST FOR ICE CONTROLISPECIFIC AREAS AND ARTERIALS • I OR 2 SALT SANDERS DEPENDING UPON EXISTING CONDITIONS 6. POLICE REQUEST FOR ICE CONTROL/CITY WIDE • 4 SALT SANDERS - STREETS ONLY {ARTERIALS FIRST FOLLOWED BY RESIDENTIAL) • ICE CONTROL OPERATIONS IN ALLEYS WILL BE CONDUCTED DURING NORMAL WORK HOURS 7. 53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS -ICE CONTROL 8. STINSON BLVD. FROM 37TH TO 40TH: ST ANTHONY PLOWS -COLUMBIA HEIGHTS ICE CONTROL 9. 37TH AVENUE MAINTENANCE: • CENTRAL AVENUE TO STINSON BOULEVARD (2008-2009) COLUMBIA HEIGHTS • MAIN STREET TO CENTRAL AVENUE. (2008-2009) MINNEAPOLIS (SEGMENTS ALTERNATE EACH YEAR) 7 14 CITY COUNCIL LETTER Meeting of: 12/8/08 AGENDA SECTION: CONSENT AGENDA NO: ITEM: Approve Change Order No. 1 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park -Project 0805-0806. ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS . ~ BY: K. Hansen BY: DATE: 12/02/08 DATE: ~ Background: The Silver Lake Beach Project is substantially complete with only pond plantings and minor restoration remaining. The work included removal of existing bituminous pavement, removal of an 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, apre-fabricated shelter building, playground equipment installation, beach reconstruction, boulder retaining walls, site restoration (seed/sod), landscape planting and related miscellaneous improvements. Analysis /Conclusions: At the initial stages of excavations far the large infiltration pond, the contractor detected a strong smell of petroleum and work was subsequently shut down. Upon further investigation, the soils were found to have a low level of contamination of Diesel Range Organics (DRO), which. can form from petroleum products such as diesel fuel and bituminous (both likely sources). Two alternatives were available: haul the contaminated soils to an approved landfill at an estimated cost of $45 - $55 per yard or redistribute the soils on site with an approved thickness of soil cover. The quantity of remaining soils to be excavated was approximately 5,200 cubic yards. As required by State law, staff reported. the soil contamination to the Minnesota Pollution Control Agency and subsequently received approval from the MNPCA to redistribute the soils onsite, due to their low level of contamination. The additional cost to handle (excavate the hillside, place contaminated soils, recover, regrade and restore) the soils on-site was approximately $5.35/yd, or $27,665 total. Hauling the soils to a landfill would have been in excess of $225,000. During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested changes, and unknown conditions. The work involved additional lowering of existing water main and relocating a manhole that conflicted with the water main to maintain adequate depth of cover and separation of utilities. Staff also requested an additional storm sewer be placed near the shelter to ensure proper drainage of a low area and to avoid additional tree removals. In the lengthy process of obtaining a watershed permit from Rice Creek, the RCWD required an underdrain system be placed for the infiltration basin to provide positive drainage due to the marginal soils. This permit condition was provided after bids were received. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer or on a time and material basis. COUNCIL ACTION: 76 CITY COUNCIL LETTER Meeting of: 12/8/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: Approve Change Order No. 1 for the Park BY: K. Hansen improvement Projects: Sullivan Park and Silver DATE: 12/02/08 Lake Beach Park -Project 0805-0806. CITY MANAGER BY: DATE: The work is detailed on the attached change order sheet(s) and can be summarized as follows: • Item No. 1: Soils Remediation (on-site) $27,665 • Item No. 2: Pond under drains (Rice Creek Watershed) $ 6,535 • Item No. 3: Additional Water Main Lowering $ I _,422 • Item No. 4: Relocate Existing Manhole $ 842 • Item No. 5: Additional storm sewer $ 701 Staff recommends approval of Change Order No. 1 with funding provided by the Storm Water Fund, as the additional work was either storm water related. or caused by the storm water infiltration pond. Recommended Motion: Move to authorize Change Order No. 1 for Environmental Remediation (Soils), Utility work or relocations for the Silver Lake Beach Improvements, City Project 0805 to American Liberty in the amount of $37,165, to be funded. out of the storm sewer fund 604-49650-5185. KH:cb Attachment: Change Order No. 1 COUNCIL ACTION: 77 CHANGE ORDER NO. 1 Project- 2008 Park Improvement Projects -Sullivan Lalce Parlc and Silver Lake Beach Park City Project: 0805 & 0806 Owner: City of Columbia Heights Date of Issuance: December 8, 2008 637 38"' Avenue N.E. Columbia Heights, MN 55421 Contractor: American Liberty Construction Engineer: Kevin Hansen, City Engineer PO Box 547 Rockford, MN 55373 You are directed to make the following changes in the Contract Documents: Description:Change in original contract price to compensate far additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, f•,eld changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: September 5, 2008 $642,125.60 Previous Change Orders No. _ to No. _ Net Change from Previous Change Order: None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $642,125.60 September 5, 2008 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 37,165.00 + 90 days Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $679,290.60 December 5, 2008 Recoi n n d Approved t By: By: K v 1 Hans Engineer American Liberty Constnuction Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager 78 Attachment to Change Order No. 1 City Project's 0805 & 0806 Page I of 1 Owner: City of Columbia Heights Contractor: American Liberty Construction Project: 2008 Park Improvements: Sullivan Park and Silver Lake Beach (0805-0806) Description of Changes: The Public Works Department requested these items be replaced. The work is detailed on the attached change order sheets} and can be suirunarized as follows: Remediate contaminated soils found on-site in order to be compliant with Minnesota Pollution Control Agency (MNPCA) standards and utility relocations to avoid conflicts, ensure proper drainage of a low area and avoid additional tree removals. • Item No. l: Soils Remediation (on-site) • Item No. 2: Pond under drains (Rice Creek WatershedZ • Item No. 3: Additional Water Main Lowering • Item No. 4: Relocate Existing Manhole • Rein No. 5: Additional storm sewer TOTAL OF CI3ANGE ORDER NO. 1 $27,665 $ 6,535 $ 1,422 $ 842 701 $37,165 79 CITY COUNCIL LETTER Meeting of December 8, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BYE ''~ Licenses ~° NO: DATE: December 3, 2008 DATE: Approval cf the attached list cf rental hciising license applications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for December 8, 2008. COUNCIL ACTION: so List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name 30018 Gauvitte Park, LLC 30147 Art Properties Management 30175 Housing Plus 30177 Housing Plus Inc. 20069 CMACS LLP 30058-NC Anthony Chester 20105 Aren Dela 30078 Ita Ekah 12190 Alma Field 10001 Mario Gutierrez 20052 Dwight Larson 30077 Robert Owens 10154 Terry Van Atta Property Address 233 42ND 3925 3RD 3806 STINSON 3816 STINSON 4157 QUINCY 600 51ST 3807 PIERCE 4556 MADISON 3948 3RD 563 38TH 660 47 1 /2 4550 MADISON 4748 7TH 12/03/2008 09:05 s1 Page 1 CITY COUNCIL LETTER Meeting of: December 8, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: f --%_ NO: DATE: Dec. 3, 2008 BY~°~~"=r®1' J:.-~ v BACKGROUND/ANALYSIS Attached is the business license agenda for the December 8, 2008 Council meeting. This agenda consists of applications for Contractor licenses for 2009 as well as the renewals of Business Licenses for 2009 as listed. 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 December 8, 2008 as presented regarding the licenses for 2009. COUNCIL ACTION: s2 TO CITY COUNCIL December 8, 2008 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES (2009) BLDG C & S Blacktopping Inc 14435 Northdale Blvd, Rogers $60.00 BJ Haines Tree Service 9264 Otchipwe Ave No., Stillwater $60.00 *Terra's Canopies LLC 3610 46'/2 Ave, Robbinsdale $60.00* *Northeast Tree Inc. 2527 Jackson St NE, Mpls $60.00 *Wright Tree Service 230 Lundin Blvd, Mankato $60.00 *The Davey Tree Expert Co 1500 N Mantua St, Kent OH $60.00 Rainbow Treecare 11571 K-Tel Dr, Minnetonka $60 *Let's Get Graphic 2442 County Rd 10, Moundsview $60.00 *SignArt 2170 Dodd, Mendota Hts $60.00 *Local Plumbers/P1 Guys PO Box 2066, Burnsville $60.00 *Valley-Rich Co Inc. 147 N Jonathan Blvd, Chaska $60.00 Northern Plumbing 7401 Central Ave, Fridley $60.00* Yale Mechanical 9649 Girard Ave So, Bloomington $60.00 *Assoc Mech Contr. 1257 Marschall Rd, Shakopee $60.00 *Saylor Htg & AC 3354 Humboldt Ave S, Mpls $60.00 Southtown Refrigeration 6325 Sandburg Rd, Golden Valley $60.00 Joseph & Joseph Consult 34 Imperial Dr E, W. St Paul $60.00 Thermex Corp 3529 Raleigh Ave S, St Louis Pk $60.00* *Solid Refrigeration 1125 American Blvd E, Bloomington $60.00 *Structural Bldgs Inc 12924 1st St, Becker $60.00 Ryland Homes 7599 Anagram Dr, Eden Prairie $60.00* Brian Rubenzer/Chef Inc 604 40t" Ave, Col. Hts $60.00 *MJ Construction 8071 Ranchers Rd, Fridley $60.00 Muamer Sekizovic 4635 University Ave, Col. Hts $60.00 ****BUSINESS LICENSES FOR 2009**** CIGARETTE/TOBACCO POL Mourado's Tobacco 2311 37t" Place, Col. Hts $300 FUEL DISPENSING DEVICE FIRE Speedy Mart Food N Fuel 4001 University Ave $170 8 dispensing devices and. 1 LP 83 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: December 8.2008 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 128293 through 128468 in the amount of $ 4,810,785.35 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 84 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/04/2008 13:15:55 Check History GLOSOS-V06.74 COVERPAGE GL540R ******************************************************************************* * *** L E A N N O * *** L E A N N O * *** L E A N N O * *** L E A N N O ******************************************************************************* Report Selection: Optional Report Title.......12/08/2008 COUNCIL LISTING INCLUSIONS: Fund & Account............ Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 128293 thru 128468 thru thru thru thru thru thru thru thru N Run Instructions: Jobg Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO O1 P4 Y S 6 066 10 Y Y 85 ACS FINANCIAL SYSTEM 12/04/2008 I3 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.?4 PAGE 1 12/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT AARP 128293 200.00 AGGREGATE & READY MIX OF 128294 335.00 AMERIPRIDE INC 128295 21.90 ASPEN MILLS, INC. 128296 175.44 BELLBOY BAR SUPPLY 128297 5,704.28 BELLBOY CORPORATION 128298 70.19 BOUND TREE MEDICAL LLC 128299 583.18 BROWNELL'S INC 128300 45.14 CAPITOL BEVERAGE SALES L 128301 3,762.95 CENTER POINT ENERGY 128302 12.69 CHISAGO LAKES DISTRIBUTI 128303 2,976.65 CHRISTENSON/MARY 128304 250.00 CITY OF ST PAUL 128305 375.00 COCA-COLA BOTTLING MIDWE 128306 1,258.74 COSTELLO/TOM 128307 250.00 DANIMAL DISTRIBUTING INC 128308 110.64 DEX MEDIA EAST LLC 128309 545.50 ECKERT/WENDY 128310 184.92 GENUINE PARTS/NAPA AUTO 128311 26.48 GRIGGS-COOPER & CO 128312 44,017.63 HEIGL TECHNOLOGIES 128313 113.52 HOHENSTEINS INC 128314 5,133.90 HONEYWELL INC 128315 42,700.00 INDEPENDENT SCHOOL DIST 128316 497,669.73 INTEGRA TELECOM INC 128317 167.76 JOHNSON BROS. LIQUOR CO. 128318 31,648.83 LAW ENFORCEMENT TARGETS 128319 26.63 MARCO, INC 128320 653.10 MARK VII DIST. 128321 44,495.70 MEDICINE LAKE TOURS 128322 2,385.00 MINNESOTA COACHES INC 128323 653.52 O'BRIEN/DANIEL 128324 173.03 OFFICE DEPOT 128325 174.18 PETTY CASH - KAREN MOELL 128326 99.82 PETTY CASH - LIZ BRAY 128327 55.02 PHILLIPS WINE & SPIRITS 128328 1,936.51 PITNEY BOWES LOUISVILLE 128329 120.32 QUALITY WINE & SPIRITS 128330 21,396.60 QWEST BUSINESS SERVICES 128331 513.56 QWEST COMMUNICATIONS 128332 942.28 SCOTT/LARRY 128333 51.06 SHAMROCK GROUP-ACE ICE 128334 70.24 STAPLES BUSINESS ADVANTA 128335 176.47 STREICHER'S GUN'S INC/DO 128336 977.61 SYNOWCZYNSKI/STEVE 128337 62.50 TRI COUNTY BEVERAGE & SU 128338 47.00 USA MOBILITY WIRELESS IN 128339 100.54 86 ACS FINANCIAL SYSTEM 12/04/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 12/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT VERIZON WIRELESS 128340 31.37 WOLF/MARL 128341 3,853.80 XCEL ENERGY (N S P) 128342 7,101.36 BRAUN INTERTEC CORP 128343 7,946.13 STEENBERG WATRUD CONSTRU 128344 170,510.75 ALBRECHT SIGN CO INC 128345 255.31 AMERICAN BOTTLING COMPAN 128346 78.60 BELLBOY CORPORATION 128347 3,015.40 BONILLO/ANTHONY 128348 125.00 CAPITOL BEVERAGE SALES L 128349 24,104.65 CENTER POINT ENERGY 128350 7,922.75 CERMAK/ALICIA 128351 27.79 CHISAGO LAKES DISTRIBUTI 128352 2,338.57 CHURCH OF ALL NATIONS 128353 62.28 CITY OF COLUMBIA HEIGHTS 128354 122,303.25 COCA-COLA BOTTLING MIDWE 128355 1,214.90 CROSSMAN/CHERAY 128356 42.69 DALLMAN/KATHY 128357 53.00 DANIMAL DISTRIBUTING INC 128358 1,371.96 EMBROIDERY & MORE 128359 48.00 EXTREME BEVERAGE 128360 502.50 FIRST NATIONAL INSURANCE 128361 1,000.00 GENUINE PARTS/NAPA AUTO 128362 55.62 GRAPE BEGINNINGS INC 128363 1,102.50 GRIGGS-COOPER & CO 128364 12,113.68 HOHENSTEINS INC 128365 2,386.60 JJ TAYLOR DIST OF MN 128366 34,228.41 LATAWIEC/ELSIE K 128367 292.98 MN DEPT OF ADMINISTRATIO 128368 479.60 NADEAU/SCOTT 128369 300.00 NEW FRANCE WINE COMPANY 128370 775.50 NEW PERSPECTIVES 128371 647.28 NORTHEAST BANK 128372 3,000,000.00 PAUSTIS & SONS WINE COMP 128373 1,988.38 PETTY CASH - KAREN OLSON 128374 108.86 PHILLIPS WINE & SPIRITS 128375 3,373.70 QUALITY WINE & SPIRITS 128376 7,128.30 QWEST BUSINESS SERVICES 128377 28.23 SALUD AMERICA INC 128378 244.00 SHAMROCK GROUP-ACE ICE 128379 105.91 SPRINT INC 128380 163.96 SURLY BREWING CO INC 128381 655.00 T-MOBILE INC 128382 174.35 VERIZON WIRELESS 128383 28.83 VINOCOPIA INC 128384 113.00 WINE COMPANY/THE 128385 2,481.85 WINE MERCHANTS 128386 3,215.08 87 ACS FINANCIAL SYSTEM 12/04/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CTTY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 12/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT WORLD CLASS WINE 128387 799.60 YOUNG/KATHY 128388 51.63 ACE HARDWARE 128389 37.70 ALL SAFE ALARMS 128390 1,506.00 ALL SAFE FIRE & SECURITY 128391 93.25 ALLIED WASTE SERVICES 128392 58.50 AMERICAN LIBERTY CONSTRC 128393 144,551.71 AMERIPRIDE INC 128394 130.04 ANCOM COMMUNICATIONS INC 128395 119.25 ANOKA CTY - CENTRAL COMM 128396 624.90 ASHCO BUILDERS 128397 145.00 ASPEN MILLS, INC. 128398 517.30 ASSOC OF MN COUNTIES 128399 50.00 AUDIO EDITIONS 128400 30.34 BAKER & TAYLOR 128401 433.43 BIFF'S,INC. 128402 787.27 BONESTROO 128403 3,825.00 BRAUER & ASSOCIATES LTD 128404 6,751.83 BRAUN INTERTEC CORP 128405 4,565.04 CANADA GOOSE MANAGEMENT 128406 1,257.77 CATCO PARTS SERVICE 128407 523.14 CCP INDUSTRIES 128408 157.77 CENTRAL LOCK & SAFE 128409 112.50 CERTIFIED APPLIANCE RELY 128410 140.00 CHAMBERLAIN OIL COMPANY 128411 389.44 CINTAS FIRST AID-SAFETY 128412 419.56 CITY OF COON RAPIDS 128413 2,435.82 COPELAND BUILDING CORP 128414 101,699.98 CRYSTEEL TRUCK EQUIPMENT 128415 55.70 DU ALL SERVICE CONTRALTO 128416 3,812.28 ELAN OIL COMPANY 128417 17,634.80 FACTORY MOTOR PARTS INC 128418 47.03 FLEX COMPENSATION, INC 128419 194.25 G & K SERVICES INC 128420 305.64 GENE'S WATER & SEWER INC 128421 12,377.50 GENUINE PARTS/NAPA AUTO 128422 106.42 GIS RANGERS LLC 128423 8,823.00 HD SUPPLY WATER WORKS 128424 1,036.00 HOME DEPOT #2802 128425 228.98 INFRATECH 128426 970.80 INTEGRATED LOSS CONTROL 128427 378.00 JUSTICE PLANNING & MGMT 128428 175.00 KENNEDY & GRAVEN 128429 2,257.50 KIMLEY-HORN & ASSOCIATES 128430 1,835.14 LEGAR/CHERYL 128431 18,345.44 MARCO, INC 128432 206.88 MEDICS TRAINING INC 128433 400.00 88 ACS FINANCIAL SYSTEM 12/04/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 12/08/2008 COUNCIL LISTING MENARDS CASHWAY LUMBER-F MET COUNCIL REGIONAL DAT MIDWAY FORD MIDWEST ASPHALT CO. MIDWEST TAPE MINNEAPOLIS SAW CO INC MORRELL & MORRELL INC MSPE NATW NEENAH FOUNDRY COMPANY NORTHEASTER OFFICE DEPOT ONE-CALL CONCEPT-GOPHER QUALITY RESTORATION SERV RITE INC ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SECURE ITNET INC SERVICE LIGHTING SEVETT/COREY SHAMROCK GROUP-ACE ICE SHORT ELLIOT HENDRICKSON STREICHER'S GUN'S INC/DO SUN PUBLICATION INC T-MOBILE INC THOMSON GALE TRUCK UTILITIES COMPANY VALPAK OF MINNEAPOLIS/ST VIKING INDUSTRIAL CENTER VOSS LIGHTING WEIGMAN/DANA WHOLESALE TRUCK-TRLR PR WW GRAINGER,INC ZARNOTH BRUSH WORKS, INC CHECK NUMBER AMOUNT 128434 662.66 128435 12,647.25 128436 180.73 128437 280,960.33 128438 16.99 128439 36.10 128440 2,410.10 128441 315.00 128442 25.00 128443 1,388.43 128444 628.20 128445 272.72 128446 325.00 128447 1,852.88 128448 11,570.37 128449 1,096.73 128450 45.00 128451 425.26 128452 3,342.88 128453 138.83 128454 1,250.00 128455 91.80 128456 2,339.83 128457 50.96 128458 720.00 128459 91.93 128460 26.97 128461 5,124.78 128462 660.00 128463 37.20 128464 115.55 128465 112.49 128466 76.28 128467 1.36 128468 789.17 4,810,785.35 *** 89 ACS FINANCIAL SYSTEM 12/04/2008 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 12/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 4,810,785.35 RECORDS PRINTED - 001040 90 ACS FINANCIAL SYSTEM 12/0 4/2008 13:15:57 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 32,388.26 201 COMMUNITY DEVELOPMENT FUND 5,394.90 212 STATE AID MAINTENANCE 2,808.24 240 LIBRARY 3,206.15 270 DARE PROJECT 24,22 401 CAPITAL IMPROVEMENTS 45,796.39 410 SHEFFIELD REDEVLPMNT NON-TIF 5,700.00 411 CAPITAL IMP-GEN GOVT. BLDG 42,700.00 412 CAPITAL IMPROVEMENT PARKS 147,129.55 415 CAPITAL IMPRVMT - PIR PROD 247,897.13 417 PUB SAFETY BLDG CONSTRUCTION 178,456.88 418 COMMUNITY CTR CAPITAL BLDG 497,669.73 420 CAP IMPROVEMENT-DEVELOPMENT 2,257.50 436 CAPITAL EQUIP REPLACE-LIQUOR 101,699.98 601 WATER UTILITY 10,763.90 602 SEWER UTILITY 2,643.33 603 REFUSE FUND 2,42g,g2 604 STORM SEWER UTILITY 3,693.61 609 LIQUOR 287,114.10 651 WATER CONSTRUCTION FUND 135.13 652 SEWER CONSTRUCTION FUND 51.63 701 CENTRAL GARAGE 22,541.46 720 DATA PROCESSING 3,859.82 875 FISCAL AGENCY: GIS RANGER 8,381.00 880 PERMIT SURCHARGE 12,647.25 883 CONTRIBUTED PROJECTS-OTHER 19,870.08 884 INSURANCE 1,000.00 885 PAYROLL FUND 122,331.04 886 INVESTMENT FUND 3,000,000.00 887 FLEX BENEFIT FUND 194.25 TOTAL ALL FUNDS 4,810,785.35 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 4,810,785.35 TOTAL ALL BANKS 4,810,785.35 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 91 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 8, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROV ITEM: Approval of a 2-foot side yard variance for BY: Jeff Sargent, City Planner BY: ~a ~, ~~ an addition to 4826 W. Upland Crest DATE: December 3, 2008 BACKGROUND: At this time, Ms. Zahorsky is requesting a 2-foot side yard setback variance in order to construct an addition to her house located at 4826 West Upland Crest. The applicant stated that the previous homeowner converted a portion of a fenced-in area along the north side of the house into storage space by placing a cement slab within its confines. Because the storage area in question was in dire need of repair, the applicant decided to repair it. In doing so, the applicant also placed a roof over the storage area for two reasons. The first was to cover the storage material. The second was to help correct a serious water-flow issue that the applicant had been experiencing. By placing a roof over the area, the applicant would be able to implement a gutter system that would divert the water towards the back yard and away from the house's foundation. The applicant stated that the hardship in this case revolves around serious rainwater runoff problems caused by the preexisting topography of the land upon which the house lies. The proposed addition would retain the use of the area as a storage space and aid in the correction of a rainwater runoff problem that the property has had for quite some time. The erosion that has occurred. between this property and the property to the north has been a huge concern and needs to be remedied.. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on December 2, 2008. They voted to recommend City Council approval of the variance with a 4-1 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-31.2, there being ample copies available to the public. Move to adopt Resolution No. 2008-312, approving a 2-foot side yard setback variance for the construction of an addition to the house located at 4826 W. Upland Crest, subject to the conditions outlined in Resolution No. 2008- 312. Attachn2ents.~ Resolution lUUcY-jl ~; 1'+L Memo; Location Map; J'ite Ulan; Letter COUNCIL ACTION: 92 RESOLUTION N0.2008-312 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MARY ZAHORSKY VVI~REAS, a proposal (Case # 2008-1201) has been submitted by Mary Zahorsky to the City Council requesting a variance from the City of Columbia Heights Zoning Code atthe following site: ADDRESS: 4826 W. Upland Crest LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot side yard setback variance for the construction of an addition per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 2, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 93 Resolution No. 2008-312 Paae 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The wall adjacent to the north property line shall be a solid wail with aone-hour fire-rated separation. 3. Proper frost footings, approved by the Building Official, shall be installed for the addition. Passed. this 8`h day of December, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 94 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-1201 DATE: October 7, 2008 TO: Columbia Heights Planning Commission APPLICANT: Mary Zahorsky LOCATION: 4826 West Upland Crest REQUEST: 2-foot Building Setback Variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Ms. Zahorsky is requesting a 2-foot side yard setback variance in order to construct an addition to her house located at 4826 West Upland Crest. The applicant stated that the previous homeowner converted a portion of a fenced-in area along the north side of the house into storage space by placing a cement slab within its confines. Because the storage area in question was in dire need of repair, the applicant decided to repair it. In doing so, the applicant also placed a roof over the storage area for two reasons. The first was to cover the storage material. The second was to help correct a serious water-flow issue that the applicant had been experiencing. By placing a roof over the area, the applicant would be able to implement a gutter system that would divert the water towards the back yard and away from the house's foundation. During the construction phase, the Building Official stopped the work because no permit had been issued. When the applicant applied for the permit, it was discovered that the building was too close to the side property line. By placing a roof over the fenced-in area, the space is now considered an addition to the house. For this reason, the addition must meet all setback and building code requirements in order for it to be built. The Building Department indicated that the wall closest to the north property line would need to be a solid wall with aone-hour separation. Proper frost footing will also be required. Because the structure is too close to the side lot line, a 2-foot variance is required. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow an addition to a preexisting residential dwelling would be consistent with the intent of the City of Columbia Heights Planning Commission December 2, 2008 4826 W. Upland Crest Case # 2008-1201 Comprehensive Plan guiding of the area. ZONING ORDINANCE The property located at 4826 West Upland Crest is zoned R-2A, One and Two Family Residential, and is also located within the Shoreland District of Highland Lake. The side yard setback requirement for houses constructed in the R-2A District is 5 feet. The proposed addition will be located 3 feet from the side lot line. For this reason, a 2-foot side yard setback variance is required. SHORELAND DISTRICT. The property at 4826 West Upland Crest is located within the Shoreland District of Highland Lake. The Shoreland Ordinance was established in order to help protect impaired waterways throughout the City of Columbia Heights. One way the ordinance accomplishes this is to require no more than 35% of a property be covered with hard surface materials. This ensures a low rate of rainwater runoff and helps reduce the amount of sediment entering the protected lakes. The property at 4826 West Upland Crest is approximately 13,513 square feet in area, allowing up to 4,729.5 square feet to be covered with hard surface materials. With the proposed addition to the house, the property will have approximately 3,300 square feet of hard surface material covering the lot, or 24.4%. This meets the City's minimum requirement for hard surface coverage in the Shoreland District. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant stated that the hardship in this case revolves around serious rainwater runoff problems caused by the preexisting topography of the land upon which the house lies. The proposed addition would retain the use of the area as a storage space and aid in the correction of a rainwater runoff problem that the property has had for quite some time. The erosion that has occurred between this property and the property to the north has been a huge concern and needs to be remedied. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. Page 2 96 City of Columbia Heights Planning Commission December 2, 2008 4826 W. Upland Crest Case # 2008-1201 The variance is based on an attempt to correct rainwater runoff problems caused by topographical conditions. The construction of the addition would allow the applicants to retain this area as a functional storage location while correcting the drainage problem that the property has. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. Preexisting topographical issues on the property have caused the hardship. The applicants are requesting a variance that would help alleviate current drainage problems that they are encountering. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would support the use of the property as residential and the guidance of the property as residential. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would make an existing situation legal. Being that the City has had no complaints regarding the construction or placement of the storage area, the granting of the variance would not affect the use of property in the vicinity. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the 2-foot side yard setback variance per Code Section 9.109 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The wall adjacent to the north property line shall be a solid wall with cone-hour fire-rated separation. Page 3 97 City of Columbia Heights Planning Commission December 2, 2008 4826 W. Upland Crest Case # 2008-1201 3. Proper frost footings, approved by the Building Official, shall be installed for the addition. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan ^ Letter From Applicant Page 4 sa 4826 W. Upland Crest s~Qi '` 5130 5125 5130 ~p 5125 1938 °o N o 5050 °O c°.r r°~ '~s ~ 5120 N N N O O N N N N 5120 5115 © 1845 1925 `~ `~ r SOgO 1825 ~ 2005 .n us n y110 -O p5 ^y SO$0 N N N o N ~titi ry° ~yo`tiy oy X20 GHALET 16 SQ "~ /~ Qlo O O N N ... 7 ~j l'j, ,,,,,,,,,,,,,.,^ ,. ~C' 1 N N ~ o w ZZ ~ as, 1 ?'?S ~~ N ^roy ',. QQ" o^ .n ,n N w 1629 ~~~'( ~ r" `~ c~ w 1625 1731 c' ~ W 0 ,~~o~' py o o N N 1621 125 W ~~ ~ i iNi o 0 1522 1 Z 1617 ~ 1~2 ~ Z .- M 01 M ~- 1616 Y9 iDw Z~ N N M N N °' 1717 A9 c~6. O W of N N N N N N H 1615 `'o d. 1610 1713 vy~s NORTH UPLAND Y >>- 1609 V > q9'2 ~~ N ~ N N M O O ~ O ~ 1606 1709 Y q9 q9 ~i? "~ N N N N N N N N Q. _ 08 7 1605 m ~I_,.~S~Pa-~ S (n ti o y ro _ (~ 4904 4909 ~ .°-' N N~ n o o N N N z ~6o n ^^0 r't I~~r ~I~~ N N N N N N N N N N N 1601 Z_ ~ ?~ 4900 F- 4901 ~~~~ INNSBRUCK ~^ W RE T DR ., a8so oG O O V O O O ~~ N N M M O O~ N N p~ CI' O 1600 c ;° ~ 4848 N N N N N N N N N N N N N N N N O1 ~~ M A M O O l[f h N M O ~ ~` 4832 ~ M O O N N M M N N N N N tD ~ 1N0 tMD h 4826 ~ N N N N N N N N N N N N N HIGH PL 4sz0 1600 1610 1620 1630 ° ° ~~ ~ r . ~ n n n w ~ F ~ ~ ~O M IfJ tp 1850 .a w tty o N ~ ~ ~ ~ °, ~ 18g 186 s O O O ~ W N N M M O O~ N N O O ~ r ~ N N N N N N N N N N N N N N N N N N N ~~ M O O M O N N M M O O N N N O O i- N N N N N O N N N N N N N N N N N N N N N FAIRWAY DRIVE ao FAIRWAY DR 4775 477a 4775 a77a ~6 p 0 0 0 0 0 0 0 0 0 0 0 °o ° N M o° N M °0 0 0 0 0 4769 4768 4769 4768 (~~ tp t~ O N M O N ~7 N tD h. O Q1 01 Q/ O O O N N N N N ~6 ,~ ;~ ~ r ~ ~ °r m °~°_ r° °~°_ °e°- °' N `~ `~ 4763 4762 4763 4762 4757 4756 4757 4756 4753 4752 4753 4750 4747 4746 4747 474 4737 4736 4731 4730 4721 4720 ~~-- 4715 4714 4717 4711 4710 4713 Location Map 99 ~~~~ ~ .~-', ~on ~ 6 1 f ~ ti ~ ~ ~ ~- ;`'~ J o.°-' ~~~`~~ .. ~'~ c-- ~~~h __.._._.~._... 101 cn t ~~ C` la~l6~2oos City of Columbia Heights 590 40~' Avenue NE Columbia Heights, MN 55421 To whom it znay concern, We live at 4832 West Uplazad Cz.•est and we axe writing today because we uaaderstazad there has been a complaint concerning the repair anal xebuilding of the pre=existing structure at 4826 W Upland Crest. We have been increasingly concerned about the water runoff between our houses where z~ae gzotuid has become soft because of floe erosion that lads been. takiaag place. Earliex dais suzaamer Maxk I-Iiel asked if it would be ak if he replaced t11e structure on his house to try and alleviate this situation. We are in favor of this project as long as the watex from the roof is properly redirected into the hack yard so further erosion znay be avoided. Maxk is also filling ial the eroded gz~ound and has plans to contiaaue buildiaag up that part of floe hill that our laonaes are built on so no further damage will occur. Sincerely, ' ~ t I3axzy Markley Marie L. Markley 4832 West Upland Crest ~oz October 7, 2008 City of Columbia Heights Commuivty Development l3epartment Mx. Jeff Sargent, City Planner 590 40th Avenue 1~iE Columbia Heights, MST SS421 Dear Mr. Sargent l am writing today in response to a letter dated October 1, 2448 from Mr. Lawrence Pepin.. After Maxk Hiel spoke with you on October 6, 2008 it has come to my attention there has been a complah~t concerning the exis°tis~g structure and per that conversation I am filing a "Variance Application at this time. " The structure in question was e~,.sst~g at the timo I purchased the home in 2401, it was originally built out of substandard material and was used for storage purposes. When the home was purchased and inspected there was no indication of improper materials used, any foundation damage or ground erosion due to improper watex runofF: Over the course of time, because of the improper water runoff and erosion that was aecurrcng the rancrete stab cracked and sunk several inches, the faundat~an of our han#e has shifted azxd is cracked as well and much of the existing s~.lizcture was rotted due to this water runoff problem. During reconstruction ofthe structure several feet of footing was added to the back side ofthe slab and several hundred pounds of concrete was poured in order to share up that side of the existing slab and foundatiaxz so flxrther e~rosian: damage could possibly be avoided. In 2005 we added gutters to the upper portion of the house; ho~rever that remedy did not f x. the problem of water ntnuirig off the house auto tho slsb causing the erosion. to conti~zue, so during recoustraetiorz we added a roof to the fence in order to properly redirect the water runa~ff away from the hawse and slab. Pefore recezvirtg your totter and advice to stop constx~zction untit this matter could lie resolved the next step is to add a gutter system that would properly redirect the water back Toward the lake into our yard along the existing drainage field that runs under the fenced izz area. Qf ~e back yard routing the water into the raspberry patch at the bottom of the hill.. Gompletifln of the gutter system would eliminate all unnecessary water flow and erasion between the two homes, stopping more damage to our home and. preventing any possible da><xtage to our neighbor's fo~.u~datioza. When that is complete ire wit of cottc~e repaint the stzzzGture as xt Currently is not the intended finish. $efore we st4u~d cor~actiart we asked the neighbor if zt would be ok with them. if we tare down and r~on.~cted the existing structure. Another reason that prampfed reGOnstruction at tkis time was because the ground between the horses had become so extremely soft that walg ~n that area had becozne treaeberoc~s, scr nzuclZ so that thzs past June I was injured enough to warrant a trip to the ~R. ~. an axnbulauce, by falling into the erc~d~ct rtast~le ground ivhlle doing yard work on that szde of the house. 103 Please end a copy of the letter of acceptance from the adjoining neighbox along with the variance application form and check in the amount $235.00 for the variance fee. Thank you for your time concerning this matter. Please contact me tuith any fin-ther questions ar instrueiionsa Sincerely, ''~ \ Mary Zahorsky Mark Niel 4826 West Upland Crest 104 r ,~. .. t _ ~. .. ,; yt , S ~ ~ I - Ai ~~ ; ~ ( '1 ~~ ~Ti { Pr ~-~ ~ i ~ 1 . ~wl ~ # .> L~k_ t N- yj _ ~ ~ h sW`" 550. gy€r ~~ .t} t ,i (( ,, y i ~ ` .~ ~- a,. "1~ ;amt t't1:.: ~ -~'9aZt R ¢ ¢.` ~..~ ~: ~ pt ~ ~ r ~ ~. ~ ~«~i,w~,,, 5.3i ~ S ~~,~ F~.3fa +L~~ ~, w~~ RR ~ # bX:~ ~Yi ~ #, ~ k ~ _ ~ ~'+e w fF~y ~° ~~ _..-. _.._-~_ _ ~,. d.. _-._ x ~ ^' ^- i ._ ~a ,,?a ...'1fY5Ngc~ 3 v5. . <- ~ ~" ~ro y, ~ ~"Y r•~ , a,e 7~FNiW~l~ef~~a''k'~'~.'.~',~p~a4'~ "'4 y~l . ' ~~ 1.M,.zwna vn~'fuiTi~:.,'+i c.n~+4~F,•c;;w, ,~Z .,~ ~.. '~ ,,+-.wnv.~Y.:wr~n~,p,~PVFrr,~lr+';Y~r ~r S. ' ~ ~'M'+^'.F ~vMlinl~~ YLrtMMM^Hf ~ W 1 ', 1 ~ t ! 1 ' ~!'"Y'.uweM.w W.n Y~vrwlWCycpl7r. Cr i~ .K..._:, 3f4. 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F _ t~~?e ,. ~C, ,.yam _, _ .11':: ...,... ~..... tD 0 CITY COUNCIL LETTER Meetin of: December 8, 2008 AGENDA SECTION: Public Hearing NO: ORIGINATING DEPT.: Community Development CITY MANAGER APPROVAL ITEM: 2°d Reading Ordinance No. 1560, Being an BY: Scott Clark BY: ,F Ordinance Authorizing to Convey Certain DATE: December 1, 2008 ~` Real Estate Located at 950-40t" Avenue and Adopt Resolution 2008-304, Business Subsid A reement with Stadium Villa e Background Information: The action before the Council is twofold: 1) The second reading of an Ordinance that will transfer 950 40`" Ave N.E. (the Plaza Property) to Stadium Village in exchange for the exterior improvements that have been substantially completed and 2) Review and action on a Business Subsidy Agreement, as required by State Statute (this is an advertised public hearing). The Business Subsidy is straightforward and has only two provisions for compliance (exterior completion and maintaining the building as an office use for five years). At the first reading, a council member asked about the property taxes based on this transaction. At the current time, the owner pays personal property tax on the Plaza property in the amount of approximately X2,200 and it is assumed that this same amount or greater will be converted to a real estate tax value. Secondly, the County stated the taxable value of this building will increase for pay 2010 due to the sale value (the exact increase percentage has not been certified) and lastly, the work done to date will not increase value to any significant degree since the majority of the work is being viewed as deferred maintenance. Recommendation: Approval of both Ordinance No. 1560, Authorizing to Convey Certain Real Estate located at 950 40`" Avenue and Resolution 2008-304, Approving a Business Subsidy Agreement. Recommended Motion: Move to waive the Reading of Ordinance No. 1560, there being an ample amount available to the public. Move to Approve Ordinance No. 1560, Authorizing to Convey Certain Real Estate Located at 950 40`" Avenue. Move to waive the reading of Resolution 2008-304, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-304, a Resolution Approving a Business Subsidy Agreement between the City and Stadium Village Properties, LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Rttacnments: t~ramance No. l~bu, xesoiuuon zuun-sv4, rsusmess ~uns~av A COUNCIL ACTION: G:\Community Development\City Council\Letters\2008\2"~ Reading Ord.1560 950 40`h Conveyance & Business Subsidy Agreement 107 ORDINANCE NO.1550 BEING AN ORDINANCE AUTHORIZING TO COTfVEY CERTAIN REAL ESTATE LOCATED AT 950 40TH AVENUE The City of Columbia Heights does ordain: Section 1: The City is the owner of certain real property in the City of Colwnbia Heights, legally described as "Exhibit A" and attached as part of this Ordinance (the "Subject Property"). Said real estate is located at 950 40th Ave. Northeast, Columbia Heights, Minnesota. The Subject Property is referenced in an original agreement, dated July 20, 1982, between the Columbia Heights Housing and Redevelopment Authority and Terry Evenson, which has been amended and. assigned from time to time, as the "Walkway Property". On August 25, 2008 the City Council agreed to accept a "Preliminary Development Agreement" by and between the City of Columbia Heights and Stadium Village Properties (the "Agreement"). This Agreement detailed the rationale for the City to transact an action that would deed title of the Walkway Property from the City to Stadium Village Properties, LLC (the "Developer") in exchange for the aforementioned entity to reinvest, at the Developer's owned office building located at 3989 Central Ave. N. E., in the complete reconstruction of the exterior facade. At the time of the passage of the Agreement, the cost for the reconstruction was estimated at $500,000. The actual cost of the project, based. on information provided by the Developer is $ 456,900. In addition, the Developer also infused $994,405 into other improvements in the Walkway, City owned Parking Ramp and the office building. As of the date of this Ordinance, the subject exterior improvements have been substantially completed. As part of the Agreement, the City commissioned an appraisal of the property. This appraisal, dated October 7, 2008 and completed by Nagell Appraisal and Consulting, establishes three separate values for the Walkway Property. The "value in use", meaning a value of a specific property to a specific person or firm as opposed to the market in general is $245,000. The "value in exchange", meaning the value on the open market is $25,000. The third is a "lease fee value" of $13 based on the dollar a year provision in the 1982 Agreement. Section 2: The City Council, by the passage of this Ordinance, hereby agrees that the preliminary consideration of the Developer, i.e., the reconstruction of the facade at 3989 Central Ave. N.E., has been substantially completed, and. that in turn, the Subject Property should be deeded to the Developer for $1.00. Section 3: As part of this transaction the Developer agrees to pay to the City $1,500 for park dedication fees as part of the minor subdivision approval process. In addition, casualty insurance on the adjoining parking ramp, as described in the 1982 Agreement, will become the responsibility of the Developer and proof of the same should be submitted to the City's Finance Department upon request. Section 4: The Mayor and City Manager are herewith authorized and directed to execute all documents necessary to effect the terms of this conveyance. Section 5: This Ordinance shall be in full. force and effect from and after thirty (30) days its passage. 108 First Reading: Second Reading: Date of Passage: Offered By: Second By: Roll Ca11: Attest: Patricia Muscovitz-CMC/City Clerk Gary L. Peterson-Mayor 109 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2008-304 RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE CITY AND STADIUM VILLAGE PROPERTIES, LLC WHEREAS, the City of Columbia Heights ("City") is authorized to grant a business subsidy in the City in order to increase or preserve tax base, encourage additional investment and job growth, and facilitate redevelopment, all pursuant to Minnesota Stahites, Sections 116J.993 to 116J.995 (the "Business Subsidy Act"); and WHEREAS, the City Council (the "Council") has reviewed a Business Subsidy Agreement ("Subsidy Agreement") between the City and Stadium Village Properties, LLC (the "Developer"), pursuant to which the City will convey certain property to the Developer for $1.00; and WHEREAS, the City's contribution of land constitutes a ``business subsidy" exceeding $100,000 within the meaning of the Business Subsidy Act; and WHEREAS, the City has on this date conducted a duly noticed public hearing regarding the Subsidy Agreement at which all interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City as follows: 1. The Subsidy Agreement as presented to the Council 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 Subsidy Agreement by such officials shall be conclusive evidence of approval. 2. The Mayor and City Manager are hereby authorized to execute the Subsidy Agreement on behalf of the City and to carry out, on behalf of the City, the City's obligations thereunder, including without limitation execution of all documents referenced in the Subsidy Agreement or necessary to carry out the transactions described therein. Approved by the City Council of the City of Columbia Heights this _ day of , 2008. Offered by: Second by: Roll call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk i~o EXECUTION COPY BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made as of the 8th day of December 2008, by and between the CITY OF COLUMBIA. HEIGHTS (the "City'') and Stadium Village Properties, LLC (the "Developer"). RECITALS WHEREAS, the City and the Developer have entered into that certain Preliminary Development Agreement dated August 25, 2008 (the "Development Agreement"), which specifies the parties' responsibilities regarding exterior facade reconstruction of an office facility owned by Developer (the "Facility") and the conveyance of City-owned real property located adjacent to the Facility and described in Exhibit A attached hereto (the "Walkway Property"); and WHEREAS, the Facility and the Walkway Property are located within the Downtown CBD Redevelopment Project ("Project") originally established by the City and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA") and now administered by the Columbia Heights Economic Development Authority ("EDA"); and WHEREAS, the Facility and Walkway Property were developed with assistance from the HRA as part of redevelopment efforts along Central Avenue, and such property remains a critical component of the City's and EDA's redevelopment plans for the Project; and WHEREAS, the City, as a state public body under Minnesota Statutes, Section 469.041, is authorized to make contributions in aid of the Project; and WHEREAS, the Development Agreement contemplates, among other things, that the City will convey the Walkway Property to the Developer for $1.00, subject to the terms of conveyance agreements to be entered. into by the parties; and WHEREAS, the City has determined that its contribution of land to the Developer constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act"); and WHEREAS, the Developer has substantially completed its obligation to reconstruct the external facade of the Facility, in recognition of weather concerns related to such reconstruction and in reliance on the representations made by the City within the Development Agreement; and WHEREAS, the City Council has held a duly noticed public hearing regarding the business subsidy described in this Agreement; 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: 3~3220vi MNI CLi62-43 ~ 111 1. General Terms. The parties agree and represent to each other as follows: (a) The subsidy provided by the City to the Developer consists of the fair market value of the Walkway Property, which the parties agree is $245,000, based on a "value in use" appraisal commissioned by the City. The timing of the conveyance of the Walkway Property will be determined by the parties as part of agreements entered into in connection with such conveyance. The parties agree and understand that the "Benefit Date" (within the meaning of the Business Subsidy Act) for the subsidy under this Agreement is the date of closing on such conveyance. (b) The public purpose of the subsidy is to reconstruct the exterior fad-ade of the Facility and thereby preserve and enhance this key site within the Project and encourage additional investment in this long-term redevelopment effort within the City. (c) The goals for the subsidy are to (i) secure completion of exterior facade reconstruction of the Facility by December 3 1, 2008; and (ii) ensure that the Facility is operated for at least five years as described in clause (f) below. (d) If the goals described in clause (c} are not met, the Developer must make the payments to the City described in Section 3. (e) The subsidy is needed to enable the Developer to leverage the value of the Walkway Property to finance additional maintenance and redevelopment activities related to the Facility and the Walkway Property. (f) The Developer must continue or cause to be continued operation of the Facility as an office facility for at least five years after the Benefit Date. For purposes of this section, the Facility will be considered operated as an office facility as long as any portion of the Facility is operated. by Developer or any permitted successors and assigns, or a tenant thereof, for office purposes. During any period when the Facility is vacant and not operated for office purposes, the Facility will not constitute an office facility; provided that the Facility will be considered. an office facility if Developer is using best efforts to lease the Facility for office purposes. (g) The Developer must maintain commercially reasonable insurance coverage on the Facility and Walkway Property, including without limitation insurance against loss and/or damage to the Facility and Walkway Property and comprehensive general public liability insurance. The Developer agrees to notify the City immediately in the case of damage exceeding $]00,000 in amount to, or destruction of, the Facility or Walkway Property or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct, and restore the Facility or Walkway Property to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Facility or Walkway Property, regardless of whether the net proceeds of insurance received. by the Developer for such purposes are sufficient to pay for the same, provided that if Developer delivers 343220v1 MNI CL162-43 2 112 evidence that such repair is financially infeasible or that the holder of any mortgage on the Facility or Walkway Property withholds consent to such repair, the City shall waive this requirement. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Developer. (h) The Developer does not have a parent corporation. (i) The Developer has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Walkway Property or the Facility. 2. Job and Wage Goals. In accordance with Section 116J.994, subdivision 4, the City has determined after a public hearing that the creation or retention of jobs is not the goal of the business subsidy provided under this Agreement. Accordingly, the wage and job goals are set at zero. 3. Remedies. If the Developer fails to meet the goals described in Section I (c), the Developer shall repay to the City upon written demand from the City (a) the total amount of the subsidy described in Section I (a) hereof; and (b} interest on the amounts in clause (a) at the rate set forth in the Business Subsidy Act, accrued from the Benefit Date to the date of the default. If the reconstruction of the Facility is timely completed but the Developer fails to meet the five-year operation goal, the total subsidy to be repaid will be prorated by the portion of the five-year operation period elapsed as of the date of default. Developer agrees and understands that it may not receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. 4. Reports. Developer must submit to the City a written report regarding business subsidy goals and results by no later than. March 1 of each year, commencing March 1, 2009 and continuing until the later of (i) the date the goals stated Section 1(c) are met; (ii) 30 days after expiration of the five-year period described in Section 1(f) or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $1.00 for each subsequent day until the report is filed. Failure by the City to deliver a timely warning notice will not relieve the Developer's obligation to pay a penalty within 14 days after receipt of a notice to pay. The maximum aggregate penalty payable under this Section is $1,000. 5. Relation to Development Agreement. This Agreement supplements the Development Agreement. In the event of any conflict between this Agreement and. the Development Agreement, this Agreement controls. 343220v1 MNI CL162-43 3 113 6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered it if is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: As to the City: City of Columbia Heights 590 40t" Avenue NE Columbia Heights, MN 55421 Attention: Scott Clark With Copy to: Stephen Bubul Kennedy & Graven 470 U.S. Bank Plaza Minneapolis, MN 55402 As to the Developer: Stadium Village Properties, LLC 1313 Fifth Street SE, Suite 100 Minneapolis, MN 55414 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other. 7. Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF COLUMBIA HEIGHTS By Its Mayor-Gary L. Peterson By Its City Manager-Walter R. Fehst STADIUM VILLAGE PROPERTIES, LLC By Its 343220v1 MNI CL,162-43 4 114 EXIiIBIT A Description of Walkway Property Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as dedicated in said plat, lying within the following described tract: Commencing at a point on the south line of said Block 1, Walton's Rearrangement distant 18.00 feet west of the southeast corner of Lot 23, said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing northerly on the extension of said line to the north line of Block 6, Reservoir Hills; thence westerly along said north line of Block 6, to a point being 47.23 feet easterly of the northwest corner of Lot 30, Block 6, Reservoir Hills; thence southeasterly, to the point of beginning. Reserving and subject to easements to the City of Columbia Heights for roadway purposes over the north 4.00 feet of the west 232.00 feet of said Block 6, Reservoir Hills. Reserving to the City of Columbia Heights a utility easement over, under, and across the east 1.5.00 feet of the west 22.00 feet of Lot 27, Block 6, Reservoir Hills, and the east 15.00 feet of the west 22.00 feet of Lot 23, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and that portion of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as dedicated in said plat, lying between the northerly extensions of the east and west lines of the east 15.00 feet of t11e west 22.00 feet of said Lot 23, Block 1. 343220v1 MNI CL162-43 115 CITY COUNCIL LETTER Meeting of December 8, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NG: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~ ,~'` Abatement DATE: December 2, 2008 DATE: NO: 08-311 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-311 - 3937 Main Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-311 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-311 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. COUNCIL ACTION: 116 RESOLUTION 2008-311 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 Elizabeth Al-Ghamdi (Hereinafter "Owner of Record"). VtThereas, the owner of record is the legal owner of the real property located at 3937 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 19, 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 That on October 14, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 19, 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 November 25, 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: A. Shall replace the missing fascia on the front of the house 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3937 Main 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, 117 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 3937 Main Street N.E.constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson. Attest: Patricia Muscovitz, CMC City Clerk t~8 CITY COUNCIL LETTER Meeting of Decemer 8, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation ~ , DATE: December 3, 2008 DATE: NO: 08-307 to 08-310 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-307 - 943 42°d Avenue 2008-308 - 950-52 44-1-1/2 Avenue 2008-309 - 1200-02 Circle Terrace Blvd. 2008-310 - 4506-08 Fillmore Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-307, 308, 309, and 310 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-307, 308, 309, and 310 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 119 RESOLUTION 2008-307 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 Alfonso J. Carrillo (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real property located at 943 42°d Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein. was given to the License Holder on November 13, 2008 of an public hearing to be held on December 8, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on or about September 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 November l 3, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 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 FE943 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. 120 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk X21 RESOLUTION 2008-308 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 Gary C. George (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 950-52 44-I/2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 30, 2008 of an public hearing to be held on December 8, 2008. Now, therefore, in accordance with tl~e 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 August 28, 2008 inspectors for the City of Columbia Heights, inspected the property described. above and. noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 9, 2008 the owner of the property requested and received an extension of time to complete all repairs. 3. That on October 30, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That on November 6, 2008 the owner requested and received an extension of time to complete all repairs 5. That on November 26, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation 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- wit: a. Shall complete the hand railing all around the deck 7. 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). 122 ORDER OF COUNCIL l . The rental license belonging to the License Holder described. herein and identified by license number F9148 is hereby revoked. 2. The City will post far the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 123 RESOLUTION 2008-309 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Michelle A. Kelly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1200-02 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 November 13, 2008 of an public hearing to be held on December 8, 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 or about September 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 November 13, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was marled by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 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 FE1200-02 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 license as held by License Holder. 124 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cleric 125 RESOLUTION 2008-310 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 Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4506-08 Fillmore 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 November 13, 2008 of an public hearing to be held on December 8, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 8, 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 November 13, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 25, 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. 4508 Side -Shall replace all broken windows on the north side b. 4508 Side -Shall remove all scrub growth from around the building c. 4508 Side and 4506 Side -Shall repair the broken and loose railings 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 IIl SA.306 and SA.303(A). ORDER OF COUNCIL 126 1. The rental license belonging to the License Holder described herein and identified by license number F8~91 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 127 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: `~~~` CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: 12-8-08 DATE: PACKAGE 3 Background: On July 14, 2008 the City Council authorized EDS Builders to advertise for bids for the Columbia Heights Public Safety Center, Bid Package 3. Bids were broken into eighteen separate divisions: CH3-04-1 Masonry, CH3-OS-1 Miscellaneous Metals, CH3-07-1 Roof System, CH3-08-1 Apparatus Bay Doors, Garage Doors, Overhead Doors, Sectional Doors, CH3-08-2 Aluminum Entrances, Storefront, Glass and Glazing, Aluminum Windows, CH3-09-1 Wood, Plastics and Composites, Rough Carpentry, Finish Carpentry, Interior Architectural Woodwork, Solid Surface Fabrications, Hollow Metal Doors and Frames, Flush Wood Doors, Access Doors and Frames, Detention Doors and Frames, Door Hardware, Tubular Skylights, Metal Lockers, Wood Lockers, Toilet Compartments, Toilet Accessories, Wire Mesh Partitions, Corner Guards, Fire Extinguisher Cabinets, Fire Extinguishers, Flag Poles, Unit Skylights, Tubular Skylights, Specialties, Detention Equipment, Horizontal Louver Blinds, Entrance Mats and Frames, CH3-09-2 Gypsum Board Systems and Metal Framing, CH3-09-3 Porcelain Tile, CH3-09-4 Resilient Flooring, Carpet, CH3-09-5 Specialty Floors, CH3-09-6 Acoustic Ceilings, CH3-09-7 Painting, CH3-14-1 Hydraulic Elevator, CH3-15-1 Plumbing, CH3-15-2 Mechanical, Temperature Control, Balancing, CH3-1 S-3 Geothermal Drilling and Piping, CH3-15-4 Fire Protection System, CH3-16-1 Electrical, Fire Alarm, Security, Voice and Data, Television. Bids were received and publicly read aloud at the December 2, 2008 bid opening. A detailed. copy of the complete bid tabulation is attached. Analysis/Conclusions: The City Manager, along with City staff met with Buetow and Associates and EDS Builders to review the bids and alternates for final recommendation to the City Council. Attached is the final recommendation letter from EDS Builders dated December 5, 2008. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Bid Package 3. Division CH3-04-1 to Crosstown Masonry, Inc. in the amount of $1,085,000.00 base bid for a total contract award of $1,085,000.00; Division CH3-OS-1 to D & M Iron Works, Inc. in the amount of $151,000.00 base bid for a total contract award of $151,000.00; Division CH3-07-1 to Lake Area Roofing & Construction, Inc. in the amount of $344,147.00 base bid and accept Alternate #13 as listed for a total contract award of $275,683.00; Division CH3-08-1 to Overhead Door Co. of the Northland in the amount of $115,700.00 base bid for a total COUNCIL ACTION: 128 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORK5 ITEM: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: 12-8-08 DATE: PACKAGE3 contract award of $115,700.00; Division CH3-08-2 to in the amount of $ base bid. and. accept Alternates as listed for a total contract award of $ ; Division CH3-09-1 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-2 to M. Reinert Drywall, Inc. in the amount of $190,000.00 base bid and accept Alternate 10 as listed for a total contract award of $190,500.00; Division CH3-09-3 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-09-4 to in the amount of $ base bid and accept Alternates as listed for a total contract award of $ , Division CH3-09-5 to as listed for a total contract award of $ Division CH3-09-6 to listed for a total contract award of $ Division CH3-09-7 to listed for a total contract award of $ Division CH3-14-1 to in the amount of $ in the amount of $ in the amount of $ in the amount of $ base bid and accept Alternates base bid and accept Alternates as base bid and accept Alternates as base bid and accept Alternates as listed for a total contract award of $ ; Division CH3-1 S-1 to MN Mechanical, Inc. in the amount of $554,700.00 base bid for a total contract award of $554,700.00; Division CH3-15-2 to Master Mechanical, Inc. in the amount of $988,700.00 base bid for a total contract award of $988,700.00; Division CH3-15-3 to GTI, Inc. in the amount of $295,000.00 base bid for a total contract award of $295,000.00; Division CH3-15-4 to Brothers Fire Protection, Inc. in the amount of $89,700.00 base bid for a total contract award of $89,700.00; Division CH3-l6-1 to Gopher Electric Contractors, Inc. in the amount of $1,074,700.00 base bid and accept Alternate #6 as listed for a total contract award of $897,304.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: 129 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: BID CONSIDERATION (ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: 12-8-08 DATE: PACKAGE 3 Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 Alternate I bid. Division CH 1-02-2 to Bituminous Roadways, Inc. in the amount of $50,500.00; Division CHI -03-I to North Country Concrete, Inc. in the amount of -$ I L 0,000.00 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH:cb Attachments: Bid Opening Minutes Resolution COUNCIL ACTION: 130 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2'00 p.m. CH3-04-1 Masonry CONTRACTOR BID BOND ADD 1 ADD 2 DD BASE BIO CDMBINED BID DEDUCT ALT. 1 ALT. 2 ALT. 3 ALT: 4 ALT. 5 ALT. 6 ALT. 7 ALT. 8 ALT. 9 ALT: 1 ALT: 11 ALT. 1 ALT. 1 ALT. 1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT Crosstown Masonry x x x x 1,085,000.00 11,000 5,500 1,101,500.00 Northland Concrete & Mas x x x x 1,213,300.00 700 900 1,214,900.00 Stretar Masonry x x x x 1,219,990.00 3,240 4,050 5,200 1,232,480.00 Serice Construction x x x x 1,153,500.00 1,100 6,400 1,161,000.00 Hollenback & Nelson x x x x 1,323,000.00 3,200 1,800 9,500 1,337,500.00 Steenberg-Watrud x x x x 1,249,405.00 3,800 4,750 1,257,955.00 Gresser Companies x x x x 1,219,000.00 1,400 600 1,221,000.00 Rice Lake Construction x z x x 1,316,250.00 1,316,250.00 Mensing Masonry x x x x 1,255,000.00 1,750 2,100 1,258,850.00 131 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIG SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CH3-D5-1 Miscellaneous Metals CONTRACTOR BID BOND DD 1 ADD2 ADD BASE BID COMBINED 81D DEDUCT ALT. 1 ALT: 2 ALT. 3 ALT. 4 ALT, 5 AL7: 6 ALT. 7 ALT. B ALT.'9 ALT. 1 ACT. 11 ALT. 1 ALT, 1 ALT. 1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT Berggren Steel CC x x x 162,890.00 -3,000 159,890.00 Thurnbeck Steel x x x x 157,609.00 -3,400 154,209.D0 Northern Lights Steel x x x x 220,208.00 -1,936 218,272.D0 D& M Iron Works x x x x 151,000.00 -2,30D 148,700.00 132 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CH3-07-1 Roof System CONTRACTOR BID BOND ADD 1 ADD 2 OD t3ASE BID COMBINED BIODEDUC ALT. 1 ALT. 2 ALT. 3 ALL4 ALT. 5 ALT. 6 ALT; 7 ALT, 8 ALT: 9 ALT. 1 ALT. t1 ALT. 1 ALT. 1 ALT.1 ALT. 1 TOTAL. accernea PROadseo AMOUNT Thelen Heating & Roofing x x x x 366,000.00 -82,800 -6,200 277,000.00 M& S Roofing x x x x 389,350.00 29,350 -12,400 406,300.00 B & B Sheet Metal & Roofi x x x x 332,747.00 -32,000 -5,385 295,362.00 Central Roofing x x x x 345,254.00 -39,500 -17,000 288,754.00 Berwald Roofing x x x x 344,790.00 -20,000 -10,000 314,790.00 Stock Roofing Company x x x x 446,161.00 -17,665 -5,000 423,496.00 John A. Dalsin x x x x 353,814.00 -35,238 -8,500 310,076.00 Peterson Brothers x x x x 412,500.00 -40,100 -13,500 358,900.00 Lake Area Roofing x x x x 344,147.00 -68,464 -11,000 264,683.00 Dalco Roofing x x x x 335,006.00 -26,777 -8,000 300,231.00 133 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CUNTRAGTOR BID BONG DU 1 ADD 2 ADD BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 ALT. fi ALT: 7 ALT. 8 ALT. 9 ALT. 1 ALT. 11 ALT. 1 ALT. 1 ALT. 1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT Industrial Doors x x x x 143,800.00 -12,980 130,820.00 Twin City Garage Door x x x x 242,SD0.00 -11,000 231,500.00 API Garage Door Store CC x x x 118,500.00 -15,000 103,500.00 Overhead Door Co x x x x 115,700.00 -12,071 103,629.00 134 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-08-2 Aluminum Entrances, Storefront, Glass & Glazing, Aluminum Windows COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE. 12-2-08 2:00 p.m. CONTRACTOR BID BOND ADD 1 ADD 2 DD BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 ALT. 3 ALT:4 ALT. 5 ALT,B ALT. 7 ALT. 8 ALT: 9 ALT: 1 ALT. 11 ALT.7 ALT: 1 ALT, i ALT. t TOTAL gCCePTeO aROposEo AMOUNT Empirehouse x x x x 302,981.00 -4,200 -2,700 -72,000 224,081.00 Northern Glass/Glazing x x x x 301,995.00 -4,500 -3,000 -74,500 219,995.00 National Window x x x x 249,000.00 -3,980 -3,158 -32,700 209,162.00 WH Hall x x x x 279,319.00 -4,333 -3,034 -60,294 211,658.00 135 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CH3.09-1 Wood, Plastics and Composites, Rough Finish Carpentry, Misc. CONTRACTOR BID BOND ADD I ADD 2 ADD' BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 ALT; 3 ALT. 4 ALL 5 ALT. 6 ALT. 7 ALT. B ALT: 9 ALT. T ALT. I I ALT. 1 ALT: 1 ALT. 1 ALT. 1 70TAL ACCEPTEOPROPDSED AMOUNT Crossroad Construction x x x x 559,500.00 -1,550 -10,800 -5,900 541,250.00 Tekton Construction x x x x 628,000.00 -1,500 -8,000 -7,000 611,500.00 George F. Cook x x x x 551,400.00 -1,400 -7,032 -8,100 534,868.00 Donlar Constrution x x x x 555,000.00 -1,100 -3,800 -4,700 545,400.00 Kellington Construction x x x x 607,620.00 -1,600 -9,685 -6,300 590,035.00 Prestige Builders x x x x 726,000.00 -1,700 -3,200 721,100.00 Construction Results x x x x 579,800.00 -600 -8,000 -800 -4,000 566.400.00 Lund Martin x x x x 651,900.00 -1,550 -8,500 -2,500 -3,400 635,950.00 Gladstone x x x x 605,373.00 -1,633 -7,180 -4,085 592,475.00 Gen Con Construction x x x x 549,800.00 -1,550 -9,150 x,500 534,600.00 Viking Construction x x x x 585,022.00 -1,633 -10,810 -945 -5,854 565,780.00 BOR-SON Construction x x x x 590,900.00 -1,600 -3,800 -10,100 575,400.00 Meisinger x x x x 561,500.00 -740 -7,200 -6,500 567,060.00 A& L Construction x x x x 748,000.00 -1,500 -4,000 -4,000 738,500.00 Merrimac x x x x 652,674.00 -985 -4,678 -4,470 642,541.00 136 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-09-2 Gypsum Board Systems and Metal Framing COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-OS 2:00 p. m. CONTRACTOR BID BOND DD 1 ADD 2 DD BASE .BID COMBINED BIDDEDUG ALT. 1 ALT, 2 ALT. 3 ALT: 4 ALTS ALT,6 ALT. 7 ALT, 8 ALT. 9 ALT. 1 ALT. 11 ALT: T ALT. 1 ALT.1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT A& L Construction x x x x 960,000.00 7,000 967,000.00 M Reinert Drywall x x x x 190,000.00 -14,000 500 -300 176,200.00 Custom Drywall x x x x 222,200.00 -10,000 -400 211,800.00 Mulcahy x x x x 256,000.00 -12,000 244,000.00 Commercial Construction CC x x x 238,000.00 -16,200 -975 220,825.00 RTL Construction x x x x 191,669.00 -14,000 -600 177,069.00 W Zintl x x x x 209,000.00 209,000.00 Commercia) Drywall x x x x 268,900.00 -26,000 -1,300 241,600.00 137 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-09-3 Porcelain Tile COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p. m. CONTRACTOR BID BOND ADb 1 ADD 2 ADD BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 ALT.3 ALT. 4 ALt S ALL 6 ALT. 7 ALT. 6 ALT: 9 ALT: 1 ALT. 11 ALT: 1 ALT. 1 ALT. 1 ALT.1 TOTAL CEPTED PROPOS AMOUNT Grazzini x x x x 170,356.00 -16,645 -18,823 -12,345 122,543.00 Advance Terrazzo & Tile x x x x 189,610.00 -15,900 -14,000 -13,000 146,710.00 Multiple Concepts Interiors x x x x 134,600.00 -13,500 -14,000 -8,700 98,400.00 WTG Terrazzo x x x x 134,965.00 -12,295 -13,835 -9,955 98,880.Op CD Tile and Stone x x x x 168,260.00 90 -12,980 -13,015 -10,550 131,805.00 Harrison Tile x x x x 186,957.00 -13,787 -15,477 -8,647 149,046.00 Twin City Tile 8 Marble x x x x 165,850.00 -17,000 -15.600 -11,375 121,875.00 138 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-09-4 Resilient Flooring, Carpet COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE' 12-2-OB 2:00 p. m. CONTRACTOR. BID BOND DD 1 ADD 2 ADD BASE. BID .:COMBINED BIO DEDUC ALT. 1 ALT. 2 ALT, 3 ALT, 4 ALT: 5 ALL 6 ALT. 7 ALT. 8 ALT. 9 ALT. 1 ALT. 11 ALT: 1 ALT. 1 ALT. 1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT MCI x x x x 43,413.00 7,187 50,600.00 Centennial Flooring x x x x 52,938.00 8,287 61,225.00 St. Paul Linoleum x x x x 49,863.00 7,644 57,527.00 A& L Construction x x x x 65,000.00 -2,000 10,000 73,000.00 Grazzini Brothers x x x x 48,665.00 6,692 55,357.00 Commercial Flooring CC x x x 43,165.00 2,010 45,175.00 139 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CN3-09-5 Specialty Floors CONTRACTOR BID BOND DD 1 ADD 2 DD BASE BID COMBINED BID DEDUC ALT, 1 ALT. 2 ALT:3 ALT: 4 ALTS ALL'6 ALT. 7 ALT. B ALT: 9 ALT: 1 ALT. 11 ALT. 1 ALT. t ALT: 1 ALT: 1 TOTAL ACCEPTED PRDPOSED AMOUNT Ram Construction x x x x 17,400.00 22,800 40,200.00 Grazzini Brothers x x x x 25,280.00 19,410 44,690.D0 Quality Cleaning CC x x x 24,975.00 11,100 36,075.00 Twin City Tile 8 Marble x x x x 14,130.00 5,750 19,880.00 140 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-09-6 Acoustic Ceilings COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CONTRACTOR BID BOND ADD 1 ADD 2 DD. BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 ACT. 3 ALT. A ALT. 5 ACT,6 .ALT. 7 ALLB ALT. 9 ALT. 1 ALT. 11 ALT.:1 ALT: 1 ALT. 1 ALT, 1 TOTAL ACCEPTED PROPOSED AMOUNT Williams Construction x x x x 52,96D.00 100 53,060.00 Twin City Acoustics x x x x 44,810.00 -20 44,790.00 A& L Construction x x x x 54,800.00 54,800.00 Minnesota Acoustics NO BI D DON D 0.00 Kirk Acoustics x x x x 45,470.00 45,470.00 141 EDS Builders, fnc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE. 12-2-OS 2:00 p. m. CH3-09-7 Painting CONTRACTOR BID . BOND ADD 1 ADD 2 ADD' BASE Blb COMBINED BID DEbUC ALT. 1 ALT. 2 ALT. 3 ALT, 4 ALT. 5 ALT. 6 ALT. 7 ALT: 8 ALT, H ALT. 1 AtiT. 11 ALT: 1 ALT. ] ALT: 1 ALT. 1 TOTAL ACCEPTED PROPDSED AMOUNT. Wasche Commercial Finis x x x x 97,270.00 -6D -75 2,225 525 -120 99,765.00 Decorators Service x x x x 109,500.00 -650 785 -150 109,485.00 DanTrebPainting x x x x 83,180.00 1,385 600 85,165.00 Avalon Building CC x x x 66,000.00 1,000 69,000.00 Nelson Painting CC x x x 139,392.12 139,392.12 Steinbrecher Painting x x x x 88,000.00 1,300 500 89,800.00 142 EDS Builders, Inc. COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 404A Saint Croix Trail North BID PACKAGE 3 Lakeland, MN 55043 BID DATE: 12-2-08 2:00 p.m. CH3-14-1 Hydraulic Elevator CONTRACTOR (BID_IADD 1IADD 2IADD ~ BASE I COMBINED ALT. 1 I ALT,2) ALT. 3I ALT. 4)ALT. S I ALT. 6) ALT. 7I ALT. S I AIT: 9IALT. 1l~ALT. i 1 ALT. 1 ALT: 1 ALT. 14~ALT. T ACCEP ED PROPOSED Elevator (x Ix Ix (x I 160,798.00) I I I I I I I I I I I I I 1 I I 1so,~9s.oo l 143 EDS Builders, inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE. 12-2-OB 2:00 p. m. CH3-15-1 Plumbing CONTRACTOR $10 BOND AOO 1 ADD 2 ADD BASE BID COMBINED BID ALT. 1 ALT. 2 ALT: 3 ALT. 4 ALT; 5 ALT 6 ALT. 7 ALT. 8 ALt 9 ALT: 1 ALT. 11 AL7. 1 ALT: i ALT. 1 ALT. 1 TOTAL, ACCEPTED PROPOSED AMOUNT Sun Mechanical x x x x 732,400.00 3,000 735,400.00 Doody Mech x x x x 689,500.00 689,500.00 Schadegg Mechanical x x x x 562,800.00 562,800.00 Klamm Mechanical x x x x 586,000.00 586,OOO.D0 Wenzel x x x x 566,000.00 566,000.00 Gorham Oien Mech x x x x 625,000.00 625,000.00 MD Mechanical x x x x 554,700.00 554,700.00 NAC Mech x x x x 598,777.00 598,777.00 McQuillan Brothers x x x x 686,200.00 5,200 691,400.00 McGuire Mech x x x x 639,849.00 639,849.00 Kumar Mechanical x x x x 2,035,000.00 2,035,000.00 Modern Piping x x x x 590,900.00 590,900.00 144 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE. 12-2-08 2:00 p. m. CH3-15-2 Mechanical, Temperature Control, Balancing CONTRACTOR BID BOND ADIJ 1 ADD 2 ADD BASE BID COMBINED BID DEDUC AIT. 1 ALT: 2 ALL 3 ALT. 4 ALT. 5 ALT. b ALT. 7 ALT.B ALT.B ALT. 1 ALT. 11 ALT: 1 ALT. 1 ALT. 1 ALT. 1 TOTAL. ACCEPTElJ PROPOSED AMOUNT. Schadegg x x x x 1,183,000.00 1,183,000.00 Doody Mech x x x x 1,172,000.00 1,172,000.00 Winona Heating x x x x 1,110,000.00 1,110,000.00 Environ-Con x x x x 996,900.00 996,900.00 Thelen Heating x x x x 1,085,000.00 1,085,000.00 Chappell Central x x x x 1,049,000.00 1,049,000.00 Wenzel x x x x 1,102,000.00 1,102,000.00 McDowall Company x x x x 1,009,700.00 1,009,700.00 Master Mech x x x x 988,700.00 988,700.00 NAC Mechanical x x x x 1,193,777.00 1,193,777.00 Modern Piping x x x x 1,040,800.00 1,040,800.00 McQuillan Brother x x x x 1,151,400.00 1,151,400.D0 Gorham Oien x x x x 1,012,000.00 1,012,000.00 145 EDS Builders, Inc. COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 404A Saint Croix Trail North BID PACKAGE 3 Lakeland, MN 55043 BID DATE: 12-2-OB 2:00 p. m. CH3-15-3 Geothermal Drilling and Piping TOTAL CONTRACTOR BID ADD 1 ADD2 DD BASE COMBINED ALT. 1 ACT. 2 ALT: 3 AIT. 4 ALT. 5 ALT: fi ALT. 7 ALT. 8 ALT. 9 ALT. 1 ALT. 1 t ACT. T ALT.. T ALT. 1 ALT. 1 ACCEPTED PROPOSED BOND BID BID-0EDUC AMOUNT Mineral Service Plus x x x x 328.000.00 328,000.00 GTI CC x x x 295,000.00 295,000.00 146 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH3-15-4 Fire Protection System COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 81D PACKAGE 3 BID DATE: 12-2-08 2:00 p.m. CONTRACTOR BID BOND ADD 1 ADD 2 DD BASE BID COMBINED BID DEDUC ALT. 1 ALT. 2 AIT. 3 ALT: 4 ALTS ALT. 6 ALT. 7 ALT. 8 ALT. S ALT, 1 ALT: 11 ALT. 1 ALT. 1 ALT. 1 ALT.1 TOTAL acceari=o PROaoseo .AMOUNT General Sprinkler x x x x 122,600.00 122,600.00 Brothers Fire Protection x x x x 89,700.00 89,700.00 Viking Automatic Sprinkler x x x x 138,955.00 138,955.00 Nonhstar Fire Protection x x x x 101,000.00 101,000.00 Arrow Sprinkler x x x x 96,800.00 96,800.00 Summii Fire Protection x x x x 121,800.00 121,800.00 Olsen Fire Protection x x x x 92,761.00 92,761.00 Gorham Oien x x x x 105,000.00 105,000.00 Total Fire Protection x x x x 111,500.00 -185 111,315.00 147 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 3 BID DATE: 12-2-OB 2:00 p. m. CH3-16.1 Electrical, Fire Alarm, Security, Voice & Data CONTRACTOR BID BOND ADD 1 ADD 2 AD0 BASE BID COMBINED BID DEDUC ALT.1 ALT. 2 ALT.3 ALT. A ALT. 5 ALT.B :ALT, 7 ALT. S ALT._9 ALT, 1 ALT. 11 ALT: 1 ALT. 1 ALT; 1 ALT. 1 TOTAL ACCEPTED PROPOSED AMOUNT PhasorElectric x x x x 1,228,000.00 -9,700 23,OOD -7s7,ooo 1,074,300.00 Mtec x x x x 1,274,069.00 -8,300 25,842 -1sa,a75 1,122,736.00 Vinco x x x x 1,217,000.00 3D,000 -izs,00o 1,121,D00.00 Peoples Electric x x x x 1,355,000.00 0 23,000 -130,000 1,248,000.00 Killmer Electric x x x x 1,010,000.00 56,975 -tas,ooo 960,975.00 Egan x x x x 1,159,000.00 -3,000 72,500 -99,000 1,129,500.D0 C B S Electric x x x x 1,114,000.00 -6,900 22,500 -7ss,ooo 994,600.00 RidgedaleElectric x x x x 1,155,000.00 -7,000 77,OOD -120,000 1,105,000.00 Electric Resource Contract x x x x 1,098,000.00 -2,300 60,000 -175,000 1,040,700.00 Bloomington Electric x x x x 1,159,000.00 -6,000 61,000 -132,000 1,082,000.00 Gopher Electric x x x x 1,074,700.00 -8,417 5,000 21,725 -777,396 915,612.00 Claude M Anderson x x x x 1,220,750.00 -750 40,450 -iss,ioo 1,094,350.00 ManorEkecinc x x x x 1,090,000.00 -5,500 28,000 -12s,ooo 987,500.00 KleinEleciric x x x x 1,088,000.00 -7,500 21,000 -735,000 966,SD0.00 148 CITY COUNCIL LETTER MEETING OF: DECEMBER 8, 2008 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVA ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY: / BUDGET FOR THE YEAR 2009, SETTING THE CITY /, ~rr,/° GENERAL LEVY AND BOND LEVY DATE: DECEMBER 4, 2008 r ~r NO: On December 1, 2008 the City Council held a Truth in Taxation budget hearing. At the hearing staff provided a presentation regarding the proposed. budget and the effect it would have on various departments and City property taxes. The attached resolution is a result of the information provided in the City Manager's proposed budget as discussed with the City Council at various City Council meetings and work sessions, and as presented at the Truth in Taxation hearing. Also attached is a list of the proposed changes to the budget. This list is based on City Council discussions at work sessions and City Council meetings. The attached resolution also includes a paragraph cancelling the City's debt levy for the Public Improvement Assessing bonds, as special assessment collections are adequate to cover this debt service payment. The final paragraph of the resolution reaffirms the City's levy for the infrastructure bonds and the levy for the public safety building. The levy for these bonds was approved by the City Council as part of the bonding resolution and certified to the county at the time of the bond sale. This is included here just to provide complete information regarding the City levy. The attached resolution does include funding for the 27`x' police officer and the crime prevention specialist. These were included in the preliminary budget and levy resolution that was adopted by the City Council on September 8. The council also approved reducing the proposed levy by $208,000 at the September 8 meeting. Based on a variety of discussions, that reduction was made in the areas of maintenance and. utilities for the new gymnasium and public safety building, and to bonding expense for the improvements to Murzyn Hall, with the expenses for these three items corning from the Community Center Capital Building Fund 418 fund balance. Also noted on the attachment to the resolution are other minor budget deducts and increases that do not affect the levy as these changes come from various fund balances. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-314 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-314 being a resolution adopting a budget for 2009, setting the City General Levy at $7,214,117, and reaffirming the previously approved bond levies of $488,246. WEams 081'041COIJNCIL Attachments COUNCIL ACTION: 149 RESOLUTION 2008-314 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2009, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2009 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 9,793,340 Community Development Fund 625,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvement 595,068 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 283,985 Debt Service Fund 2,111,450 Total Expense Including Interfund Transfers 33,263,020 Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2009: Revenue General Fund 9,793,340 Community Development Fund 625,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvements 595,068 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 283,985 Debt Service Fund 2,111,450 Total Revenue Including InterFund Transfers 33,263,020 150 RESOLUTION 2008-314 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2009, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Section C. The following sums of money are levied for the current year, collectable in 2009, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 6,560,902 Estimated Library Levy 573,215 Estimated EDA Fund Levy 80,000 Total 7,214,117 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2009 that is higher than the tax rate calculated for the city for taxes levied in 2007, collectable in 2008. BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2009 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED: That the City shall levy for the General Obligation Bond Series 2007A (Infrastructure Fund) in the amount of $130,587, and 2008A (Public Safety Building) in the amount of $357,659, and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2009. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ------------------- day of ----------------- Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk 151 City of Columbia Heights Budget Cuts and Add Backs Prepared 11/3/08 Cit Council reductions to ro osed lev resolution #2008-210 Ado ted 09/08/2008 Resolution Detail General levy 6,675,262 Library 573,215 EDA 80,000 Sub total 7,328,477 Infrastructure Bond 130,587 Public Safety bond 357,659 Murzyn Hall bond 93,640 Total proposed levy City Manager's recommended levy 7,910,363 City Council reduction of $208,000 Maintenance & Utilities on New Gym (64,360) Maintenance & Utilities on New Public Safety Bldg (50,000) Murzyn Hall Improvements Bond (93,640) Adopted Proposed Levy 7,702,363 Included in Proposed Levy Adopted September 8, 2008 Police Fund 101 27th Officer Crime Prevention S ecialist 70,000 63,655 Total Police 133,655 New Items Adds and (Deducts) Community Development Fund 201 Other Services and Charges - (RIBS Program) Revenue - (RIBS Program) (20,000) (30,000) General Government Buildings Fund 411 Capital Improvements Securit Improvements - Cit Hall 40,000 Total General Government Buildings 40,000 IS Fund 720 Addition of Part-time Intern 13,634 Community Center Capital Building Fund 418 Appropriate funds for maintenance and utility expense for new: Gymnasium Building 75,000 Public Safety Building 50,000 Transfer to Debt Service Fund for Hone ell Improvements to Murz n Hall 93,640 Total Community Center Capital 218,640 Recognition/Special Events Fund 101 Increased aper, osta a and fuel costs for Cit newsletter 6,967 Total Recognition/Special Events 6,967 152 ~~ _- v CITY COUNCIL LETTER Meeting of: I2/8/08 AGENDA SECTION: BID CONSIDERATION I ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: 12-8-08 DATE: PACKAGE3 Background: On July 14, 2008 the City Council authorized EDS Builders to advertise for bids for the Columbia Heights Public Safety Center, Bid Package 3. Bids were broken into eighteen separate divisions: CH3-04-1 Masonry,CH3-OS-1 Miscellaneous Metals, CH3-07-1 Roof System, CH3-08-1 Apparatus Bay Doors, Garage Doors, Overhead Doors, Sectional Doors, CH3-08-2 Aluminum Entrances, Storefront, Glass and Glazing, Aluminum Windows, CH3-09- 1 Wood, Plastics and Composites, Rough Carpentry, Finish Carpentry, Interior Architectural Woodwork, Solid Surface Fabrications, Hollow Metal Doors and Frames, Flush Wood Doors, Access Doors and Frames, Detention Doors and Frames, Door Hardware, Tubular Skylights, Metal Lockers, Wood Lockers, Toilet Compartments, Toilet Accessories, Wire Mesh Partitions, Corner Guards, Fire Extinguisher Cabinets, Fire Extinguishers, Flag Poles, Unit Skylights, Tubular Skylights, Specialties, Detention Equipment, Horizontal Louver Blinds, Entrance Mats and Frames, CH3-09-2 Gypsum Board Systems and Metal Framing, CH3-09-3 Porcelain Tile, CH3-09-4 Resilient Flooring, Carpet, CH3-09-5 Specialty Floors, CH3-09-6 Acoustic Ceilings, CH3-09-7 Painting, CH3- 14-1 Hydraulic Elevator, CH3-15-1 Plumbing, CH3-15-2 Mechanical, Temperature Control, Balancing, CH3-15- 3 Geothermal Drilling and Piping, CH3-15-4 Fire Protection System, CH3-16-1 Electrical, Fire Alarm, Security, Voice and Data, Television. Bids were received and publicly read aloud at the December 2, 2008 bid opening. A detailed copy of the complete bid tabulation is attached. Analysis/Conclusions: The City Manager, along with City staff met with Buetow and Associates and EDS Builders to review the bids and alternates for final recommendation to the City Council. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Bid Package 3. Division CH3-04-1 to Crosstown Masonry, Inc. in the amount of $1,085,000.00 base bid for a total contract award of $1,085,000.00; Division CH3-OS-1 to D & M Iron Works, Inc. in the amount of $151,000.00 base bid and accept Alternate #14 -$2,300.00 for a total contract award of $148,700.00; Division CH3-07-1 to Dalco Roofing & Sheet Metal, Inc. in the amount of $335,008.00 base bid and accept Alternate #14 -$8,000.00 as listed for a total contract award of $327,008.00; Division CH3-08-1 to Overhead Door Co. of the Northland in the amount of $115,700.00 base bid for a total COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1.2/8/08 AGENDA SECTION: BID CONSIDERATION (ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: 12-8-08 DATE: PACKAGES contract award of $115,700.00; Division CH3-08-2 to National Window Associates, Inc. in the amount of $249,000.00 base bid for a total contract award of $249,000.00; Division CH3-09-1 to Gen Con Construction in the amount of $549,800.00 base bid for a total contract award of $549,800.00; Division CH3-09-2 to M. Reinert Drywall, Inc. in the amount of $190,000.00 base bid and accept Alternates 10 $500.00 and 14 -$300.00 as listed for a total contract award of $190,200.00; Division CH3-09-3 to WTG Terrazzo & Tile in the amount of $134,965.00 base bid and accept Alternate 10 -$9,955.00 as listed for a total contract award of $125,010.00; Division CH3-09-4 to Commercial Flooring Services, LLC in the amount of $43,165.00 base bid for a total contract award of $43,165.00; Division CH3-09-5 to Twin City Tile & Marble Co. in the amount of $14,130.00 base bid for a total contract award of $14,13 0.00; Division CH3-09-6 to Twin City Acoustics, Inc. in the amount of $44,810.00 base bid and accept Alternate 14 -$20.00 as listed for a total contract award of $44,790.00; Division CH3-09-7 to Avalon Building & Remodeling, Inc. in the amount of $68,000.00 base bid and accept Alternate 10 $1,000.00 as listed for a total contract award of $69,000.00; Division CH3-14-1 to Minnesota Elevator, Inc. in the amount of $160,798.00 base bid for a total contract award of $160,798.00; Division CH3-15-1 to MD Mechanical, Inc. in the amount of $554,700.00 base bid for a total contract award of $554,700.00; Division CH3-15-2 to Master Mechanical, Inc. in the amount of $988,700.00 base bid for a total contract award of $988,700.00; Division CH3-15-3 to GTI, Inc. in the amount of $295,000.00 base bid for a total contract award of $295,000.00; Division CH3-15-4 to Brothers Fire Protection, Inc. in the amount of $89,700.00 base bid for a total contract award of $89,700.00; Division CH3-16-1 to Gopher Electric Contractors, Inc. in the amount of $1,074,700.00 base bid and accept Alternate 6 -$177,396.00 as listed for a total contract award of $897,304.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. CITY COUNCIL LETTER Meeting of: ]?18/08 AGENDA SECTION: BID CONSIDERATION (ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM.: ACCEPTING BIDS AND AWARDING BY: EDS/Walt Fehst BY: CONTRACTS FOR PUBLIC SAFETY CENTER, BID DATE: I2-8-08 DATE: PACKAGE3 Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 Alternate 1 bid. Division CH1-02-2 to Bituminous Roadways, Inc. in the amount of $50,500.00; Division CH1-03-1 to North Country Concrete, Inc. in the amount of -$110,000.00 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH:cb Attachments: Bid. Opening Minutes 0 Resolution -~'*~ 404A Saint Croix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 ~, ~ f, `--~ 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 Phone: 651-998-0332 -~^~,:. ~ Fax:651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com Columbia Heights Public Safety Center 825 41st Avenue SE Columbia Heights, MN 55421 PHASE III ESTIMATE December 8, 2008 Total Accepted Phase 1 Site Work Bids Phase 1 Alternates Accepted Total Accepted Bid Package 2 Bids Change Order # 1 Accepted Change Order #2 -Steenberg Building Construction -Bid Package 3 CH3-04-1 Masonry -Crosstown Masonry CH3-05-1 -Miscellaneous Metals - D & M Iron Works CH3-07-1 -Roof System - Dalco CH3-OS-1 -Apparatus Bay, Garage, Overhead, Sectional Doors -Overhead Door CH3-08-2 -Aluminum Entrances, Storefronts, etc. -National Window CH3-09-1 -Rough/Finish Carpentry, Misc. Specialties -Gen Con Construction CH3-09-2 -Gypsum Board Systems - M Reinert Drywall CH3-09-3 -Porcelain Tile - WTG Terrazzo CH3-09-4 -Resilient Flooring, Carpet -Commercial Flooring CH3-09-5 -Specialty Floors -Twin City Tile 8c Marble CH3-09-6 -Acoustic Ceilings -Twin City Acoustics CH3-09-7 -Painting -Avalon CH3-14-1 -Hydraulic Elevator - MN Elevator CH3-15-1 -Plumbing - MD Mechanical CH3-15-2 -Mechanical -Master Mechanical CH1-15-3 -Geothermal - GTI CH 1-15-4 -Fire Protection -Brothers Fire Protection CH 1-16-1 -Electrical -Gopher Electric Alternate # 1 From Bid Package 1 -North drive area bituminous in lieu of concrete Alternate #6 -Eliminate generator and concrete pad Alternate # 10 - In all toilet rooms and locker rooms change to 5' high wainscot with epoxy Alternate # 14 -Eliminate Skylights Construction Manager Fee Building/Construction Contingency Builders Risk Insurance Soil Borings, Special Inspections and Testing, Professional Fees and Reimbursables (Buetow $690,838.75, GC $326,500.) Bond Cost ITEMS LEFT TO BID Furniture, Fixtures, Equipment, Gun Range Data Technology, Telephone, Security Fiber Optics from City to Site Scal Flaor Landscaping Miscellaneous Signage Generator $1,268,940.00 ($103,200.00) $1,479,086.00 ($2,833.00) $10,724.00 $1,085,000.00 $151, 000.00 $335,008.00 $115,700.00 $249,000.00 $549,800.00 $190,000.00 $134,965.00 $43,165.00 $14,130.00 $44,810.00 $68,000.00 $160,798.00 $554,700.00 $988,700.00 $295,000.00 $89,700.00 $1,074,700.00 $329,000.00 $328,432.25 $28,000.00 $25,507.00 $1,017,338.75 $108, 800.00 $616,000.00 $259,000.00 $47,000.00 $12 ,000.00 $48,000.00 $40,000.00 $100 000.00 TOTAL $11,500,000.00 CITY COUNCIL LETTER Meeting of December 8 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: December 5, 2008 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the property located at 1731-1733 37th Avenue N.E. for failure to meet the requirements of the Property Maintenance Code has been resolved. The owner has corrected all violations and paid ali fees and penalities. RECOMMENDED MOTION: Move to issue arental-housing license to Jackrabbit Properties to operate the rental property located at 1731-33 37th Avenue N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE DECEMBER 8, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-308, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Gary George regarding rental property at 950-52 44-1/2 Avenue N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-310, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Fletcher Wanless regarding rental property at 4506-08 Fillmore Street N.E. COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting o£ December 8, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY: for Mon., January 5, 2009 DATE: December 5, 2008 NO: DATE: It is suggested to schedule a City Council Work Session meeting for Monday, January 5, 2009 at 7:00 p.m. in Conference Room 1. 1. Ramsdell Park master Plan 2. City Pedestrian Mobility Plan 3. Hilltop Trailer Sales lot acquisition 4. Feasibility Report -Zone 4 Street Rehab. 5. Audit clean-up 6. City Council meeting calendar 7. Board & Commission liaison positions RECOMMENDED MOTION: MOTION: Move to establish a City Council Work Session for Monday, January 5, 2009 at 7:00 p.m. in Conference Room 1. COL7NCIL ACTION: