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HomeMy WebLinkAboutNovember 9, 2009 RegularCITY OF COLUMBIA HEIGHTS Manor 590 40'" Avenue NE, Columbia Heights, ~'1\ 55421-3878 (763)706-3600 TDD (763) 706-3692 Gary L. Peterson Councibnenrbers Visit our website at: wx~uczcolurnhia-hei~hts.nur.us RoGert,4. Williams Brzrce Nm»rocki Tanvnera Dielam Bruce Kelcenberg City Manager Walter R. FeHst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 09, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when. the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only} 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Chaplain, Bob Lyndes, Crest View Communities 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 A. Donation by Jeffs Bobby and Steve's AutoWorld for Huset playground 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 City Council meein~ p4 MOTION: Move to approve the minutes of the October 26, 2009 City Council meeting B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the July 28, 2009 minutes of the HRA. pis MOTION: Move to accept the October 15, 2009 minutes of the Charter Commission. pz4 MOTION: Move to accept the November 3, 2009 minutes of the Planning and Zoning p25 Commission. MOTION: Move to accept the October 7, 2009 minutes of the Library Board. p3o C. Establish a budget review work session date of November 30, 2009. p32 MOTION: Move to establish. a City Council Work Session meeting for budget review on Monday, November 30, 2009 beginning at 7:00 p.m. in the Curtis Ramsdell Conference Room at the Public Safety Building. D. Approve Transfer of Funds from General Fund to Police Dept. Budget re JAG I Grant Overtime Reimbursement p33 MOTION: Move to transfer $7,515.35, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant for the third quarter of 2009 (July 1 to City Council Agenda Monday, November 09, 2009 Page 2 of 3 September 30, 2009) from the General Fund to the Police Department 2009 Budget line 1020, Overtime. E. HVAC Preventive Maintenance Services for Crty Facilities pas MOTION: Move to accept the bids for HVAC Preventive Maintenance Services from NSI Horwitz for City facilities, based upon their low, qualified, responsible bid and, furthermore, to authorize the Mayor and City Manager to enter into a 3-year contract for the same. F. Refuse and Rec c~~: Contract award p37 MOTION: Move to approve the contract for Refuse, Recycling, Yard Waste, and White Goods Services with Veolia Environmental Solid Waste Services fora 5-year contract term. G. Approval of the attached list of rental housing license applications in that they have met the ps4 requirements of the Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for November 9, 2009. H. Approve Business License Applications ps9 MOTION: Move to approve the items as listed. on the business license agenda for November 9, 2009 as presented. I. Approve payment of the bills p62 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132319 through Check Number 1.32494 in the amount of $1,752,574.16. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2009-181, 4344 2nd Street N.E. being a Resolution aparovin~ rental license revocation for failure to meet the requirements of the Property Maintenance Codes. p7i MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-18 i there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-181 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. B. Adopt Resolution 2009-182, 3930 University Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Hei lgits. p7~ MOTION: Move to close the public hearing and waive the reading of Resolution Number 2009- 1.82, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-182 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C. First Reading: Ordinance 1573, Zoning Amendment to rezone 3701 Reservoir Blvd. from GB to R-2A. p77 MOTION: Move to waive the reading of Ordinance No. 1.573, there being ample copies City Council Agenda Monday, November 09, 2009 Page 3 of 3 available to the public. MOTION: Move to set the second reading of Ordinance No. 1573 far Monday, November 23, 2009, at approximately '7:00 p.m. in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions i. Adopt Resolution 2009-183, being a Resolution approvinP plans and specifications and. ordering advertisement for bids for the Gateway Pedestrian Bride. ps4 MOTION: Move to waive the reading of Resolution No. 2009-183, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2009-183 approving plans and specifications and ordering advertisement for bids for the Gateway Pedestrian Bridge, City Project Number 0906. 2. Adopt Resolution 2009-180, being a Resolution approving a Limited Use Permit with MnDOT for the Gateway Pedestrian Bridge. pa6 MOTION: Move to waive the reading of Resolution No. 2009-180, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-1.80 approving a Limited Use Pei-~nit for the Gateway Pedestrian Bridge, City Project Number 0906. B. Bid Considerations -none C. Other Business Apt~oint members to the Recreation. Telecommunications. Traffic Commissions and Libra Board. Pa e MOTION: Move to appoint Justin Grossing to the Recreation Commission for the vacant teen to expire Apri12013, Dennis Stroik to the Telecommunications Commission for the vacant term to expire April 2011, Charles Tyler to the Traffic Commission for the vacant term to expire April 2011, and Barbara Tantanella to the Library Board for the vacant teen to expire April 2012. 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. ADJOURNMENT r / r~ ~ i ` ~~ ~~( P `~~Li da L. Magee, Assi ant to LLM/pvm uman Resources Director OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 26, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 26, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams Lay Minister Shirley Barnes, Crest View Communities, gave the Invocation. Peterson indicated. that in the name of peace, on Armistice Day, we will dedicate the Public Safety Tribute Statue at 1.0:00 a.m. on November 11, 2009 at the Public Safety Building. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item 7B Bid -Considerations for Emergency Repair of Trunk Storm Sewer at 45th Avenue outfall to Mississippi River and tabled it to the November 9, 2009 City Council meeting. Peterson removed Rental License Revocation Resolutions 2009-170, 2009-171, 2009-172, and 2009-175 in that the properties are now in compliance. Nawrocki questioned why the refuse contract and new officer contract was not on this agenda. Fehst stated they will be on a future agenda. Nawrocki requested to add, under the City Manager's report, state aid road allotments and fund commitments for the Pedestrian Bridge, timing on stoplights, City newsletter, budget, HRA levy, possible Three Rivers walkway at Silver Lake, Silver Lake TMDL and SWPPP reference, sump pump inspection program, and MnDOT study for street policies. Peterson stated some of those items have been. already been answered in information sent out by staff. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. 2009 Homelessness Awareness Month Proc]amation was read by Mayor Peterson Peterson also thanked the members of the Columbia Heights Beautification Committee for their efforts and hard work for our city. Peterson read the committee members names. B. Donation by Jeffs Bobby and Steve's Auto World for Huset playground -not present CONSENT AGENDA Nawrocki requested items D, E, F, and I be removed for discussion. Nawrocki questioned the reason for removing the sanitary sewer item. Fehst stated that the bids came in 20% over the anticipated amount and would. be rebid. City Manager Walt Fehst took Council members tl2rough the Consent Agenda items: A. Approve minutes of the City Council City Council Minutes Monday, October 26, 2009 Page 2 of 11 Motion to approve the minutes of the October 12, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the September 2009 minutes of the Library Board Motion to accept the October 20, 2009 special meeting minutes of the Planning and. Zoning Commission.. C. Approve Premises Permit Application for MN Youth Athletic Services to conduct charitable gambling activities at Star Bar and Grill, 4001 Central Ave NE Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at the Star Bar and Grill, 4001 Central Avenue NE; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. D. Adopt Resolution 2009-168, being a Resolution authorizing extension request to Met Council for 47th and Central Avenue parking ramp rant. -removed E. Adopt Resolution 2009-169, being a Resolution for acquisition of 4110 6th Street -removed F. Adopt Resolution No. 2009-179, being a resolution approving a 2.7-faot rear yard setback variance, a 2.5-foot side yard setback variance for parkin, and a 2-foot aisle width variance for 4955 Central Avenue. -removed G. Approval of the attached list 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 October 26, 2009. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda far October 26, 2009 as presented i. Approve payment of the bills -removed Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items with the exception of items, D, E, F, and I. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2009-168, being a Resolution. authorizinc extension reauest to Met Council for 47th and Central Avenue parkine ramp Grant Fehst stated this is for an extension of the dollars committed to the parking ramp project at 47tH and Central Nawrocki asked if the commercial project still has viability. Fehst gave an update on the developer's progress. Nawrocki stated that he should be commended for taking good care of the property. The developer on the apartments is trying to scale back. Motion by Diehm, second by Keizenberg, to waive the reading for Resolution 2009-168, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-168, being a Resolution authorizing submittal to the Metropolitan Council for a third extension for demonstration grant Number 50006-166 for the 47tH and Central Avetlue parking ramp. Upon vote: All ayes. City Council Minutes Monday, October 26, 2009 Page 3 of 11 Motion carried. E. Adopt Resolution 2009-169, being a Resolution for acquisition of 4110 6th Street Nawrocki asked if demolition bids were received. Fehst stated not yet, but the average cost is $12,000 to $15,000. This home was for sale for $75,000, but the deal fell through. There are structural deficiencies. Nawrocki questioned if rehab costs were obtained. Fehst stated no, as there is extensive structural deterioration. Nawrocki indicated his recollection of Council approval was $50;000 including all costs. We continue to take properties off of the tax roles. This property paid $1,600 this year. It is premature to act on tearing this property down at this time. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2009-169, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2009-169, approving the acquisition of property located at 4110 6th Street N E; furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Upon. vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay. Motion carried. F. Adopt Resolution No. 2009-179, being a resolution approving a 2.7-foot rear yard setback variance, a 2.5-foot side yard setback variance for~arking and a 2-foot aisle width variance for 4955 Central Avenue. City Planner Jeff Sargent indicated this item was brought to the Planning and Zoning Commission at a special meeting. The property is at 50`x' and Central, the vacant Jiffy Lube. The proposal is for demolition of the building and replacement with a Jimmy John's stand alone restaurant. It was approved by a four to one vote. The three variances are submitted for Council consideration. This includes a rear yard and side yard variance for parking and variance for the drive isle width. Nawrocki asked if the entrance would be off the service road. Sargent stated the entrance will be off the service road and customers would exit on to Central Avenue. Sargent explained the City Code 24 foot drive isle req~irernent, Diehm referred to the Sonic restaurant and asked if their drive isle is similar to this. Sargent referred to the variance requests by Sonic. Diehm stated that we need. to take into consideration the site limitations and indicated she is excited. to see this business development. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-1.79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-179, approving a 2.7- foot rear yard setback variance for parking, a 2.5-foot side yard setback variance for parking and a 2-foot aisle width variance for 4955 Central Avenue, subject to the conditions outlined in Resolution No. 2009-179. Upon vote: All ayes. Motion carried. I. Approve payment of the bills Nawrocki indicated that checks 132236 and 132227 are both to businesses owned by Mr. Williams. Motion by Nawrocki, second by Kelzenberg, to approve payment of checks number 132236 and City Council Minutes Monday, October 26, 2009 Page 4 of 1 l 1.32227. Upon vote: Peterson, aye; Kelzenberg, aye; Nawrocki, aye; Diehm, nay. 3ayes - 1 nay. Motion carried. Motion by Nawrocki, second by Kelzenberg, to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132184 through Check Number 1.32318 in the amount of $776,097.33, with the exception of checks 132236 and 132227. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions_ 2009.-.170, 4315, 4317 5th Street N.E., 2009-171, 1407-09 Circle Terrace Blvd. N.E. 2009-172 4546 Polk Street N E 2009-173 1620 Innsbruck Parkway 2009-174 1204-06 Cheery Lane N.E.. 2009-175, 4321 5th Street N.E., and 2009-1.76 3700 2nd Street N.E being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Assistant Fire Chief John Larkin indicated the reasons for rental Iiceilse revocation, including failure to fill out an application, pay the fee, or schedule an inspection. Larkin requested to table Resolution 2009-173, as the applicant was present and has agreed to work with staff to become compliant. Motion by Kelzenberg, second by Diehin, to table 2009-173. Upon vote: All ayes. Motion carried. Nawrocki stated that there is a junk car without license plates and a pile of debris by the back door at 4315/4317 St" Street. Larkin stated that revocation was for failure to submit application and schedule an inspection, so was not yet inspected. Nawrocki questioned what the violations were at 3700 2"d Street. Larkin stated this inspection was completed by the Building Official. Nawrocki requested that the Council also be informed of violations found by the Building Official. He indicated. that at the empty lot on the west side of 3~d Street, between 37`" and 38`", there are three cars with expired plates. Larkin stated he would pass this information along to the Police Department. Motion by Diehm, sec: nd by Kelzenberg, to close the public hearing alid to waive the reading of Resolution Numbers 2009-174, and 176 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2009-174, and 2009- 176 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. B. Adopt Resolutions 2009-177, 1204-06 Cheery Lane N.E., and 2009-178 4308 5th Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Larkin indicated these are vacant and abandoned properties. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2009-177, and 2009-178, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2009-177, and 2009- City Council Minutes Monday, October 26, 2009 Page 5 of 11 1.78, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations Bid Considerations for Emergency Repair of Trunk Storm Sewer at 45th Avenue outfall to Mississippi River. -removed C. Other Business Suburban Rate Authority (SRA) activity - Councilmember Nawrocki Nawrocki indicated the SRA met last week and he provided the information handed out at that meeting in the agenda packet. As the City Manager has proposed removal of this membership, he indicated the benefits of the SRA's work on franchise agreements and rates. The SRA looks at the filings and offers help with items such as the Xcel proposed increase, resulting in a considerable reduction in the amount they will be able to charge. CenterPoint hearings are underway. Xcel street lighting is important to us and the SRA is working on clarification on the amount of time lights can. be out and is working toward a credit for any outage. The SRA is working on elimination of rate meter charges. This Authority has a direct impact on the users of our community. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that state aid road allotments were reported back to council. Nawrocki stated that most of the pedestrian bridge will be paid with federal funds and was told the rest will be from state allotments. He asked if this will cover the total cost. Fehst indicated there may be additional casts. Nawrocki requested additional. information. Fehst stated that will he forthcoming. Fehst indicated the response from MnDOT on the need to change the light timing to optimize traffic flow. Fehst indicated he would like to have 40`h and 49th Avenues looked at again. Nawrocki referred to the inconvenience to residents entering from side streets. Nawrocki referred to other crossings with this issue, including University Avenue crossings. Fehst stated that the newsletter budget article is not yet complete. Nawrocki stated the need to do a better job giving information on the budget totals, including the levies for the debt service, TIF district money that should have been de-certified, and the County levying HRA funds for us. He indicated the desire to see the budget article prior to publication. The newsletter should contain parking restriction information. Fehst stated that flyers regarding parking have been placed on parked cars. Nawrocki indicated his feeling that the amount paid to put the newsletter together is not worth it. Nawrocki referred to information on the new refuse hauler and questioned if the newsletter is delivered to every property or properly owner? Fehst stated that it goes to each address. Nawrocki stated that we are mailing the newsletter to the Fridley residents of our School District and should we review this. Fehst spoke of postal mailing areas and the attempt to reach all of our residents. We will look to see if we can reduce the mailing area. Nawrocki stated that the newsletter is also given to all school students. Fehst referred to the benefit of this through student participation in our programs. Nawrocki spoke of resident concerns about a possible walking traffic in their back yard if a trail is City Council Minutes Monday, October 26, 2009 Page 6 of 11 placed along Silver Lake. Before committing to a path, a public information meeting should be held. Fehst referred to past discussions of this, with the walkway being opened and. closed each day. Nawrocki questioned. the meaning of the TMDL Plan and SWPPP Plan. Fehst stated SWPPP refers water shed. Diehm stated TMDL refers to Total Maximum Daily Load, or the level of the water. Fehst referred to federal mandates on this. Nawrocki referred to notifying residents north of 43rd Avenue about upcoming sump pump inspections, indicating they should be made aware of the $500 assistance available for required corrections. Nawrocki questioned. how much water this program has saved from going in to the storm water system and what are the benefits versus the costs incurred? Fehst stated that we pay an $80,000 surcharge per year because we are in violation of sending too much. water through the system. We received grants to get those credits back because we are trying to reduce infiltration and clean up our system. Nawrocki referred to the MNDOT study on street policies. Fehst stated that we have submitted a plan. Nawrocki referred to the budget books distributed and his inability to find information on the debt service, T1F funds diverted from the original source, and funds for property purchase. Peterson suggested he speak to the Finance Director. Nawrocki spoke of the automatic yearly utility rate increases. Report of the City Attorney - nothing to report CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, commented in favor of the Three Rivers Park walkway and indicated that other people have also expressed their favor in this. She asked if the stone water penalty takes into consideration that our City is on a big hill. Fehst stated that this is a Federal push to clean up our water. If we do not find way to be reimbursed, we will awe them money. Peterson stated this is t}ie final portion of our city left to inspection. We have not had many backups into basements since the disconnect program was put into place. We have inspected three-quarters of the community aiid owe it to iiiciii to coiiipiete tiie eiltii=C city. it is a very good program and we need to complete what we started. Peterson stated that the Community Holiday Kick-off Park will be held on November 14 at Murzyn Hall, with entertainment by our own Columbia Heights talent and The Worlds Best Pork Chops will be served. Don't forget our service men and women. We are proud. of all of them and the job they do. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:14 p.m. Patricia Muscovitz CMC City Clerk RESOLDTION 2009-168 City Council Minutes Monday, October 26, 2009 Page 7 of l 1 RESOLUTION AUTHORIZING AND CLARIFYIN SUBMITAL TO THE METROPOLITAN COUNCIL FOR A THIRD EXTENSION FOR DEMONSTRATION GRANT NO. SG006-166 FOR THE 47T'' AND CENTRAL PARKING RAMP Recitals Whereas, on September 28, 2009, the City Council approved Resolution 2009-150 authorizing a submittal to the Metropolitan Council for a Third Extension far Demonstration Grant number SG006-1.66 for the 47`" and Central Parking Ramp, and Whereas, this resolution memorializes the previous resolution with modifications, and Whereas, on December 13, 2006 the City of Columbia Heights was awarded a $974,369 grant from the Metropolitan Council through the Livable Communities Demonstration Account, and Whereas, these funds were to be used for a portion of the costs to construct a parking ramp as part of a commercial and office development at 47`" and Central, and Whereas, Grand Central Commons LLC, the commercial developer, gained site control of said property in October 2007, and Whereas, on February 9, 2009 the City of Columbia Heights Economic Development Authority approved a revised Development Agreement with the developer for said project, and Whereas, on March 3, 2009, the City of Columbia Heights Planning Commission approved a revised site plan reflecting a reduction in building size to 35,000 square feet of commercial and office space and the construction of a parking ramp, and. Whereas, the City received a second extension on March 11, 2009 from the Metropolitan Council acknowledging the reduced site plan to 35,000 square feet of commercial and office space, and in turn a grant reduction to $760,008 and a project completion deadline of December 31, 2009, and Whereas, preliminary review of building plans has taken place, and Whereas, preliminary Engineering plans for the pipe-bursting have been completed and reviewed by the City of Columbia Heights Engineering Department, and Whereas, RJM Construction and United Properties have entered into an agreement with the commercial developer to assist in implementing the development, and Whereas, due to economic considerations the subject project has not been constructed, and Whereas, the City views that substantial progress by the developer has occurred. and should ensure a project start and substantial rnrnpletinp riate ip 2(11 Q, NOW THEREFORE BE IT RESOLVED, the Columbia Heights City Council hereby agrees to the following: 1) The development of the commercial portion of the Grand Central Lofts project is critical. to the City's revitalization of Central Ave., bolsters the redevelopment actions in the adjacent Sheffield neighborhood and will serve as a future catalyst to complete the Lofts housing plan. 2) The City strongly encourages the Metropolitan Council to grant a third time extension to allow development to commence in 2010. RESOLUTION N0.2009-169 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4110 6th STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which. was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken. a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 10 City Council Minutes Monday, October 26, 2009 Page 8 of ll 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Epic Realty Inc. (the "Seller"} dated as of October 9, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"}, for real property located at 4110 6th Street Northeast and legally described as follows: Lot 13, Block 47, Columbia Heights Annex{the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $40,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2009-179 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIMMY JOI-IN'S RESTAURANT WHEREAS, a proposal (Case # 2009-1.002) has been submitted by John Patterson doing business for Jimmy John's restaurant to the City Council. requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking setback variance and a 2.5-foot side yard setback variance per Code Section 9.110 (C); and a 2-foot drive aisle width. variance per Code Section 9.106 (L)(11 }. WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009; W]IF.RF.AC, the City C'niip~il hac r.pngi~lered the arlyiEa and rernmrp?ndationc nfthe Planning (`nrl?r??iSS1Qr1 YPgarding 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. 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 11 City Council Minutes Monday, October 26, 2009 Page 9 of I 1 of the permit. RESOLUTION 2009-174 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Travis J. Klein {Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1.204-1206 Cherry Lane 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 7, 2009 of an public hearing to be held on October 26, 2009. 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 August 15, 2009, 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 October 7, 2009 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9343 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 2009-176 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 Lloyd R. Omlie ('Hereinafter "License Holder"). `vVliereas, license iioidet° is tiie iegai owner of the real property located ai 37uu 2"`' Street N.E., Columbia Heights, iviinnesota, 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 12, 2009 of an public hearing to be held on October 26, 2009. 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 June 3, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted 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 July 30, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on October l2, 2009 inspectors for the City of Columbia Heights checked records for this property and noted that the 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. 4. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Property Maintenance Code were found to exist, to-wit: Shall pass Building Department inspection to receive rental license. 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). 12 City Council Minutes Monday, October 26, 2009 Page 10 of 11 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9697 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-177 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 Travis J. Klein (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1204-06 Cheery Lane 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 1, 2009. 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 August 26, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 1, 2009 inspectors re-inspected the property listed above. Inspectors noted that 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 October 15, 2009 inspectors reinspected the property and found that 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 all damaged siding on the house and garage 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 1204-06 Cheery Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forthrn 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 1204-06 Cheery Lane 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 2009-178 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 li, of City Code, of the property owned by Bobby Hardimon (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4308 5~' 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 8, 2009. 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 August 31, 2009 an inspection was conducted on the properly listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 8, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property 13 City Council Minutes Monday, October 26, 2009 Page 11 of 11 records. 3. That on October 14, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: Shall. repair the garage service door that is deteriorated, shall replace the broken windows, front and kitchen windows, and shall replace the missing window in the front storm/screen door 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?06(A} and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4308 5`h 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 Iisted 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 4308 5`h 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. 14 HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE REGULAR MEETING MINUTES OF JULY 28, 2009 Call to Order -The meeting was called to order by Chair Diehm at 7:00 p.m. Roll Call- Chair Tammera Diehm, HRA members: Bruce Nawrocki, Dennis Ecklund Jr., Bruce Kelzenberg, Gary Peterson and Bobby Williams. Staff present: Executive Director-Walt Fehst; Deputy Executive Director-Scott Clark; Assistant Community Development Director- Sheila Cartney, and Secretary-Shelley Hanson. Parkview/CommonBond Staff: Laura Sheak, Lisa Wilcox-Erhardt, and Jennifer Eels Pledge of Allegiance CONSENT AGENDA Approve the Minutes of the Special Meeting March 30, 2009 and Financial Report and payment of bills for the months of March-June, 2009, on Resolution 2009-05. Nawrocki questioned whether a memo had ever been sent regarding the status of the ARRA funding for capital improvement activities for Parkview. The previous minutes noted that an update would be sent to members around the end of April and he did not receive it. Lisa Wilcox-Erhardt stated that the memo was sent out in early June. She stated. a RFP for Engineering Services went out in early May which resulted in four entities looking at the site. Three companies submitted proposals, and the lowest bidder, Encompass Engineering, was recommended to handle the repair project. The contract with them isrn the process of review prior to signing. Nawrocki asked what the range of bids was. Lisa stated they came in at $17,070-mid $30,000 range-and around $40,000. Once the contract is signed. they will advertise for bids in various medial. Clark will see that Nawrocki gets a copy of the memo that was sent to the HRA with the details. Nawrocki noted that figures in the Financial Report included in the agenda packet do not match up with. figures in the Financial Report he receives from the Finance Dept from the end of June. Fehst said he should talk to the Finance Director about any discrepancies he sees. He also questioned the fees that are paid to the City. Fehst said the city is paid for sewer and water, and service fees that cover staff time for overseeing Parkview Villa. Clark stated that the service/administration fee was established at $35,000 some time ago, with a 3% inflation rate added annually. He is not sure whether this fee has been paid yet for 2009, and therefore, is not sure how it is reflected in the Financial Reports. Nawrocki thinks the fee should be re-visited since CommondBond does more of the management tasks than was done in the past. He wants a detailed accounting to justify the fees charged. Fehst stated the amount charged is actually lower than the actual costs incurred and asked whether Nawrocki still wants to move forward with possibly re-adjusting this amount. Nawrocki responded that he wants to know how the number was arrived at and to justify the expense. Motion by Peterson, seconded by Keizenberg, to approve the consent agenda Items as listed. All ayes. Motion Carried. HRA RESOLUTION 2009-OS 15 Housing & Redevelopment Authority Minutes July 28, 2009 Page 2 of 9 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR, MARCH, APRIL, MAY AND JUNE OF 2009 AND PAYMENT OF BILLS FOR THE MONTHS OF MARCH, APRIL, MAY AND JUNE OF 2009. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of March, April, May and June of 2009 and the list of bills far the months of March, April, May and June of 2009 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and. accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and. list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of biiis as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. Passed this 28th day of July, 2009. MOTION BY: Peterson SECONDED BY: Kelzenberg Chair - Tammera Diehm Attest by: Scott Clark, Community Development Director 16 Housing & Redevelopment Authority Minutes July 28, 2004 Page 3 of 9 BUSINESS ITEMS Report of Management Company Laura Sheak, Manager, asked if there were any questions on the monthly reports that were included in the agenda packets. Nawrocki. noted that the buildings are at full. occupancy, but the revenues are less than what was estimated in the budget. Lisa responded that is because the figures in the budget included an escalator of rent fees for the south building that were not put into effect as proposed. Nawrocki then asked if the new residents moving in are from Columbia Heights since the report only shows the waiting list separating applicants into resident/non-resident categories. It does not indicate which category the move-ins are taken from. Laura stated that yes, any people moving in are Columbia Heights residents. Lisa reported that the 4th floor modernization project has been held off a bit. Normally, they get capital improvement budgets and approvals in June, but they have not received approval for funding yet, so they have delayed starting with the project. She said they should have everything in place by October and be able to move forward with the project by then. Lisa stated the results of the smoking survey were included in the agenda packets for the members to review in order to establish a policy for the building. Diehm thought the survey was very comprehensive and appreciated all the input and comments that were submitted by the residents. Diehm then shared the results of the survey verbally with the residents present. The results are summarized as follows: Parkview Villa North - 52 responded (52%~ 1. Do you smoke in your unit? 19% yes and 81 % no 2. riow often Have you siiiciicd tobacco iti your apartrrtettt That comes from another apartment or from outdoors? 35% never-33% occasionally-21% very often-11% always 3. Does the smell of someone else's tobacco smoke on the premise bother you.? 42% doesn't bother the at all-23% bothers the alittle-31 % bothers me a lot-4-% undecided 4. Do you have any of the following diseases: emphysema or lung disease, asthma, or allergies brought on by things in the air? 36% yes-54% no-10% not sure 5. How harmful do you think it is to breath secondhand smoke? 58% very harmful-15% somewhat harmful-21 % not too harmful-6% not harmful at all. 6. Would you like to live in a smoke-free building? 50% yes-33% no-17%-don't have preference 7. I prefer to live in a building where smoking is: 19% not allowed. in some outdoor area 9% not allowed in some unit/or on certain floors-33% not allowed in all units-39% allowed in all units and outdoor areas. 8. If the building is declared smoke free, would you be in favor of grandfathering in residents for the length of their tenancy? 40% yes-36% no-24% not sure. 17 Housing & Redevelopment Authority Minutes July 28, 2009 Page 4 of 9 Parkview Villa South 36 responded (80%) 1. Do you smoke in your unit? 6% yes and 94% no 2. How often have you smelled tobacco in your apartment that comes from another apartment or from outdoors? 54% never-29% occasionally-6% very often-11 % always 3. Does the smell of someone else's tobacco smoke on the premise bother you? 24% doesn't bother me at all-35% bothers Ine a little-32% bothers me a lot-9°/® undecided 4. Do you have any of the following diseases: emphysema or lung disease, asthma, or allergies brought on by things in the air? 27% yes-61 % no-12% not sure 5. How harmful do you think it is to breath secondhand smoke? 55% very harmful-42% somewhat harmful-3% not too harmful-0% not harmful at all. 6. Would you like to live in a smoke-free building? 54% yes-11% no-35%-don't have preference 7. I prefer to live in a building where smoking is: 22% nat allowed in some outdoor area 16% not allowed in some unit/or on certain floors-46% not allowed in all units-16% allowed in all units and outdoor areas. 8. If the building is declared smoke free, would you be in favor of grandfathering in residents for the length of their tenancy? 41% yes-31% no-28% not sure. Various comments were taken from the audience: *Renie Sufka-Shouldn't take away people's rights. It's ali some of them have left. *Lyn Miner-Responsibility goes hand in hand with rights. *Marge Buczynski-She doesn't appreciate neighbor's smoke getting in her apartment. She understands they have rights, but so does she. A compromise would be requiring an air cleaner in the apartments of those who smoke and to establish a smoking place outside that is away from the building. *Karen Faust-Since living here she has experienced. the first fire in her life from someone smoking in bed. They should have to smoke outside. She has a right to feel safe and to have a siiiokc frcc cilvii`viiliieilt Iii hei' apaliliieiit. Diehm stated that the Commission would consider all the comments and. survey results in making its decision. State laws and rules for public buildings have changed drastically over the years, and things are not the same as they were in regards to smoking. Fehst said the board. has an obligation and. responsibility to represent all. the residents living at Parkview. Nawrocki asked if this matter had been addressed by the Resident Council. Dennis Ecklund said he also took a survey at the last resident council meeting regarding the smoking issue. He only asked 3 questions. 1. Should smoking policy stay the same? 39 yes 25 no 2. Should smoking be allowed in individual apartments? 12 yes 32 no 3. Should those who smoke be grandfathered in if policy changes? 22 yes 27 no 18 Housing & Redevelopment Authority Minutes July 28, 2009 Page 5 of 9 Resident Council Minutes Copies of the minutes were included in the agenda packets. Ecklund reviewed some of the topics covered and those items voted on by the Resident Council which included the Christmas Dinner-donations-and drinking outside. Ecklund then reviewed the Treasurer's Report. Diehm acknowledged the Resident Council and the Treasurer for a fine job. It was noted. that alcohol consumption is not addressed in the handbook. Some residents were concerned with those drinking outside and disorderly conduct due to drinking. The consensus was to include this topic in the handbook and only allow drinking in apartments or designated. areas. The Resident Council thought it would be a good idea to review the handbook with management and update it, as this has not been done in a while. It was noted that policies must be established by the Commission, and that the Resident Council can bring recommendations to the Commission. Laura did note that being intoxicated and being disorderly is a violation of the lease, and therefore, it is addressed. There was a discussion regarding the Resident Council meeting of July 13, 2009. Before Laura could give her Manager's Report, an additional smoking survey was handed out by Denny, even though. one had already been done by the management office. Laura was unaware of this and felt it was inappropriate for her to be present for that topic. Since she was unable to give her report, she left the meeting, which confused some of the attendees. Various residents gave their opinions as to what happened, Diehm reminded Ecklund that as a commissioner, he should have encouraged participation in the survey that the commission asked management to conduct, and not to operate separately in such matters. Again, she thanked everyone for submitting their opinions on this issue. Nawrocki stated residents on both sides of this issue have rights. He acknowledged that it is not illegal to use tobacco. vn the other hand, he is concerned with the rights of those who don't wish to be subjected to secondhand smoke. Because there are ventilation issues in the building, it is a problem if the smokers going into other apartments. Diane Powell-The north building does not have a central air system. She believes most of the smoke comes in under the doorways. Lyn. Miner-Smoke comes in under her door. She doesn't think she should have to smell other people's smoke. She used the analogy that she has t11e right to have a radio or TV, but doesn't have the right to play it at loud levels in the middle of the night. She agrees people have rights, but they also have a responsibility to their neighbors when exercising those rights. Karen Faust-She works at the Veterans Home and they can't smoke there. Laverne Harper-She has lost two brothers to smoking. 19 Housing & Redevelopment Authority Minutes July 28, 2009 Page 6 of 9 Ken Block-The smoke traveling from unit to unit has been brought up before. It comes from a variety ofsources--under the doors, heat registers, bath vents, and around the pipes in the walls that go from unit to unit. Commissioner Peterson stated he is a previous smoker. He thinks the results of the survey lean towards making Parkview Villa a no smoking building. He noted that a memo received from HUD dated July 22, 2009, is encouraging Public Housing entities to adopt a smoke free policy. HUD may pass this rule even if we don't. He doesn't see putting off the inevitable until the next meeting. It will offend some people no matter when the policy is enacted. Diehm agreed that the information was included in the agenda packets and has already been reviewed and comments have been heard. Fehst stated most public buildings are adopting similar policies and we need to look out for the health and safety of our residents. Motion by Peterson, seconded by Kelzenberg, to adopt a policy making Parkview Villa north and south buildings smoke free as of September l 5, 2009. All ayes. MOTION PASSED. Karen Faust-asked if a smoking place could be constructed for residents outside away from the building for smokers. Lisa said they can look into what the cost would be to construct a gazebo structure for smokers and report hack to the commission. Marge Buczynksi agreed that something should be built for the outside smokers. Renie Sufka-Said the new smoking policy does not allow fora 2-month notice that is required to vacate an apartment. Laura said this new policy will require a Lease Addendum be signed by all residents. Diehm suggested. that as they are signed, if she finds out residents wish to move because of the policy, an extension can be made on a case~by case basis granting them the two month t:me per.od. Sufka then asked :olio `.vouid pol.ce th.s? Laura said once the lease addendums are signed, it would be a violation of the lease to smoke inside the building, and residents could be evicted. Citizen Forum Diane Powell-She brought up the policy for use of the community rooms. She has been told that the rooms cannot be used for financial gain. unless it is for events to benefit the Resident Council Fund. She used to host an open house for residents a couple times a year as she is a Mary Kay representative. Residents could come down and enjoy coffee and treats and place orders if they chose to. She has been told that is not allowed. Another resident who recently moved in had a Tupperware party so she could meet some of the other residents. She later found out she can't do that. After some discussion, it was discovered this policy was created in 2004 by the Resident Council. The HRA Commission never voted on this issue or created this policy. Renie Sufka-stated she can. understand the policy to prohibit garage sales open to the public, but 20 Housing & Redevelopment Authority Minutes July 28, 2009 Page 7 of 9 that private parties such as these should be allowed. It encourage tenants to participate in building events. Lavern Harper-She didn't think it would be a problem to allow such parties unless too many want it at the same time. Ken Block-The rooms would have to be scheduled tike any other community room, on a first come, first served basis. He also pointed out there are two rooms available far people to use. Diane Powell-Explained the problem started when Bill Cross (previous resident) led a faith based meeting every Saturday night and other events got in the way of this from time to time. As a result, the Resident Council decided at that time to implement this policy. Nawrocki asked when the Resident Council. got the right to dictate policies? The HRA Commission is the one who approves policies. Maybe the policies should be reviewed to make sure they are approved by the Board. He asked if residents paid for the use of the rooms. Laura said damage deposits are taken in case any repairs are needed, but returned to resident if not. HUD prohibits charging for use of community rooms. Diehm agrees that businesses should not be allowed to operate from the community rooms, but feels parties such as these, held. a couple times a year, should be allowed. Ken Block-He said residents were led to believe it was a city policy. He feels rooms are there for people to reserve, but they should be responsible for anyone attending their gathering. He doesn't want to see things opened to the public, such as garage sales. Diehm directed CommonBond staff to gather policies from other public housing establishments. Peterson doesn't ti-ink this matter should be regulated at ail. The room is there for the residents to use and as long as they schedule the use it should be fine. Management can handle issues as they arise. Motion by Ecklund, seconded by Kelzenberg to have this item addressed at the next Resident Council meeting to rescind the policy in place and to make a recommendation to the board at the next HRA meeting to adopt a policy regarding the use of community rooms. All ayes. MOTION PASSED. Alana Stier-asked. about whether there was a dress code. She doesn't think residents should walk around in lounge wear in the common areas. Laura stated that is hard to manage since some residents wear lounge wear, or dusters, due to medical reasons such as recent surgeries, etc. As long as the residents are decently covered, it is Hard to dictate what type of clothing is acceptable. T-Mobile Lease Clark explained that the EDA entered into an agreement in 1996 with T-Mobile to place an 21 Housing & Redevelopment Authority Minutes July 28, 2009 Page 8 of 9 antenna on the roof of Parkview Villa. The lease price escalated each year to the current amount for 2009 of $19,212.38. The lease had renewal terms and the current five-year renewal term will expire January 1, 2012. T-Mobile wants to renegotiate a new lease based on a changing economy. The two options outlined in their letter dated June 12, 2009 are: 1. Abase of $17,000 per year starting on 9/10/09 for four years-then a 5% rent increase every five years starting on 9/10/2014 until 9/10/2027. After 9/10/2027 a rent holiday until 9/10/2034 (which means no rent paid during that time). 2. The alternative would be a lump sum payment of $ l 10,000 in exchange for a I S year lease assignment. Staff has calculated that based on a 4 percent interest rate that the future ten. year value would be $162,826. Clark stated. if T-Mobile decides to terminate the lease they only have to pay through the year in which the termination is made. So that could be a risk if we choose not to re-negotiate the lease terms. However, staff feels there has been enough interest from other parties that there would be another carrier that will take their place for an amount that is equal to or higher than the newly offered rates. Therefore, staff does not recommend entering into a new negotiation at this time. Staff asked. the members far direction on this lease proposal. Peterson stated he has been. contacted fi•oim a firm who is looking for a site. Nawrocki asked what the lease fee was for the new antenna on the Public Works site? Clark said he didn't know the exact figure, but that it is higher than this one. Ecklund asked if this was the tallest building in the city. Clark responded. that it is, except for the water tower. Motion by Peterson, seconded by Kelzenberg, to deny the request by T-Mobile and to direct staff not to re-negotiate the lease terns. All ayes. MOTION PASSED. Capital Improvements Plan nt__a_ __ __ a rrt r t _~__.: r ant ~tatn cX~laii"icu at thls tiiitc Stair t1aS it0 aiat ioritj% for potcrttiat tcttt tncrcascS lit .raituaiy ~vt and views that this should be an agenda item for the October meeting. Any rent increases should be looked at as the need to capture increased operating costs and. the need to adequately cover capital improvements. Staff has worked with CommonBoild to develop atwenty-year Capital Improvement Plan that illustrates future needs. The presentation of the plan was for discussion purposes only and no action was required. Clark explained the building is 17 years old and will need repairs over the next 20 years. The 20 year plan takes into account the fund balances, operating costs, inflation, and an estimate of repairs that will be needed. He estimates that approximately 1 million dollars will be needed in the next 20 years. We presently have a strong fund balance of approximately $400,000 and $90,000 + cash flow annually, but we deed to project a rent structure to cover future costs. Clark further explained that a catch up plan was done a few years back, but the rents have been maintained at the current rate for a couple of years. Clark stated that we have a $94,000 immediate capital need, which would include replacement of the driveway and hydi-onic valves that heat the pavement at the garage entrance. This amount is 22 Housing & Redevelopment Authority Minutes July 28, 2009 Page 9 of 9 not budgeted for so staff would need direction for this expense that would be taken from the fund balance. Nawrocki commented that he thought the fund balance was higher than $400,000. He also requested a history of adjustments in the rental. fees that were made previously. He asked who put this plan together and what his qualifications were to do so. Lisa stated that Jim Mitchell helped put the schedule together. He is the Director of Facility Management for CommonBond and this is his area of expertise and responsibility, CommonBond will gather bids and have them ready for the next meeting for the repairs noted above. Potential rent increases will also be addressed at the October meeting based on the Capital Improvement Plan that was included in this agenda packet. Other Business There was nothing at this time. The next HRA meeting will be October 27, 2009. Respectfully submitted, Shelley Hanson Recording Secretary 23 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES October 15, 2009 7:04 p.m. City Hall Conference Room 1 Call to Order The meeting was called to order by President Dan Vogtman at 7:00 p.m. Roll Call Members Present: Matt Able, Roger Johnson, Nancy King, Carolyn Laine (7:05}, Michael Patiuk, Katherine Pepple (7:03), Rachel Schwenkel, Charles A. Tyler, Dan Vogtman Members absent and excused: Joe Clason, Barbara Gertsema Members absent and unexcused: None Counsel Liaison, Tami Diehm was present. City Attorney, Jim Hoeft (7:11), was present. Recording Secretary, Carole Blowers, was not present. In her absence, Commissioner/Secretary Patiuk recorded the minutes. Approval of Minutes of July 16, 2009 Motion by Commissioner Able, seconded by Commissioner Schwenkel, to approve the minutes of July 16, 2009, as presented. Motion passed unanimously. Correspondence Commissioner Patiuk reviewed the correspondence since July 16, 2009: 7/30/09 Letter sent to Chief Judge with application for appointment from Matt Abel 8/10/09 Letter reed from Chief Judge appointing Matt Abel 8/12/09 Welcome letter/packet prepared far new member Matt Abel 8/13/09 Letter sent to Anoka County with signed oath for Matt Abel 8/13109 Letter sent to Chief Judge with copy of signed oath for Matt Abel 9/2]./09 Communication with Mike Patiuk, Secretary, regarding absence of Recording Secretary at 10/15/09 meeting 0/6/09 Agenda for l0/I S prepared. with attachments; copies prepared and. mailed to members 1.0/10/09 E-mail from Joe Sturdevant resigning from the Charter Commission due to his move out of the City of Columbia Heights 10/12/09 Letter to Chief Judge advising him of Joe Sturdevant's resignation from. the Charter Commission. Status of Membership of the Commission Introduction of New Member Commissioner Able was introduced to Commission members. The Members present and Counsel Liaison Diehm introduced themselves to Commissioner Able. Old Business REVIEW CHANGES TO CHAPTER 7, SECTION 72, 72A, AND 72B, AND CHAPTER 7, SECTION 74 A discussion took place concerning the Commission's continuing review of the City Charter. Chapter 7, Section 72. Bonded Debt and Debt Limit City Attorney Jim Hoeft recommended language to revise Chapter 7, Section 72, 72a and 72b. The City Attorney explained that Section 72b, when added to the City Charter, was meant to replace the first paragraph 24 of Section 72. Section 72a does not need to be a separate section under Chapter 7. He suggested that the first paragraph of Section 72 be eliminated and Section 72a, Section 72b and the second paragraph of Section 72 be combined. Motion by Commissioner Schwenkel to approve language as presented, seconded by Commissioner Pepple. Motion passed unanimously. It was decided to table the presentation of the approved language to the City Counsel. until the Commission has had the opportunity to review additional sections of the City Charter. CONTINUED REVIEW OF THE CITY CHARTER Chapter 2, Section l0a (Public Employees Retirement Association Police anal Fire Fund} T he City Attorney explained that Chapter 2, Section l0a is obsolete because there are no current Columbia Heights police officers which were first employed by the City before June 15, 1972. Motion by Commissioner Able, seconded by Commissioner Laine to strike Chapter 2, Section l0a from the City Charter. Motion passed unanimously. Chapter 4, Section 33, Canvass of Elections The City Attorney stated that under Chapter 4, Section 33, the City Council is required to meet and canvass election returns within five (5) days after any regular or special election. State statutes require that this be done within seven (7} days. Counsel Liaison Diehm stated that the additional time would be needed should problems arise during the canvassing process. No action was taken by the Commission. Chapter 7, Section 74, Emergency Debt Certificates The City Attorney provided background information concerning the issuance of Emergency Debt Certificates. In order to pass an emergency ordinance to issue Emergency Debt Certificates, the City would need to follow State statutes, which requires a unanimous affirmative vote of the City Council. The current Charter authorizes the City Council to issue Emergency Debt Certificates with a 4/5 affirmative vote. No action was taken by the Commission. Chapter 8, Loeal Improvements and Special Assessments The City Attorney stated that the sections within Chapter 8 could be revised to comply with Minn. Stat. §429, either by including the wording contained in the statute or by referencing the statute itself. No action was taken. by the Commission. New Business Commissioners discussed the possibility of holding their future meetings at the new Public Safety Building. The Recording Secretary will check into this. Next Meeting Date The next regular Charter Commission meeting date will be January 21, 2010, at 7 p.m. at City Hall. Adjournment Motion by Commissioner Laine, seconded by Commissioner Pepple, to adjourn the meeting at 7:54 p.m. Respectfully submitted, Michael G. Patiuk Secretary, Charter Commission Columbia Heights Charter Commission 0- 15-09 Page 2 25 PLANNING AND ZONING COMMISSION MINUTES OF' THE REGULAR MEETING NOVEMBER 3, 2009 7:00 PM The meeting was called to order at 7:00 p.m. by Vice Chair-Donna Schmitt. Commission Members present- Fiorendino, Schmitt, and Peterson. Thompson arrived at 7:05 pm Excused members-Szurek Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to appr°ove the n7inutes.fi~om the meetings of October 6, 2009 and October 20, 2009. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2009-1101 APPLICANT: Fadia Salem LOCATION: 3701-OS Reservoir Boulevard REQUEST: Rezoning of property from GB to R-2A BACKGROUND Sargent explained that the applicant is in the process of purchasing the property at 3701-OS Reservoir Boulevard. Currently, the property is zoned GB, General Business. The previous use of the property was both single-family residential and commercial. The business was on the first floor and the residential component was on the second floor. The perspective buyers would. like to use the structure as asingle-family house only and do not have any plans on retaining the business. While the single-family aspect of the building was in use, it was considered legally nonconforming because the Zoning Code does not allow for single-family uses in the GB District. Because the property has been vacant for longer than one year, the single-family component may not be used unless the property is rezoned to accommodate it. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to allow for asingle-family use would be consistent with the guidance of the Comprehensive Plan. ZONING ORDINANCE The subject property is currently zoned GB, General Business, as is the property to the north along Central Avenue. The properties to the north along Reservoir Blvd. are zoned R-3, Multiple Family Residential and the properties to the east are zoned R-2A, One and Two Family Residential. The proposed zoning classification for the subject property is also R-2A, which would be consistent with the zoning classification in the area. Rezoning the property would also be consistent with the historic use of the property as asingle-family house. 26 Page 2 November 3, 2009 The structure in question is functionally asingle-family house. If the property were to remain. commercial, extensive remodeling of the building would need to occur to accommodate any type of business that would move in. The prospective buyer would like to buy the house and. use it as a residence without pursuing the business portion. FINDINGS OF FACT Section. 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property.for Low Density Residential. Rezoning the land to allow.fol^ asingle-family use l~~ould be consistent with the guidance of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Although the proposed rezoning of the property at 3701 Reservoir Blvd. is via request from a single property owner, the benefit of the property being rezoned is to the public. Without the rezoning, the house would sit vacant indefnitely, or until a prospective developer would purchase the land for redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to continue. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed. zoning classification. A pardon of the previous use of the property was a single family house. The proposed zoning classification is consistent with the zoning classification in the general area, and the proposed use of the property is cansistent with the historic use of the property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The property was zoned GB, Geiser^al Business, to stay consistent with the zoning classifications of properties that front Central Avenue. Although this property technically fronts on Central Avenue, it's located on the corner of a five-way intersection and is pushed back a considerable distance from Central Avenue. With this said, the use of the property is more conducive to a residential setting than a commercial one. Staff, therefore, recommends that the Planning Commission recommend that the City Council approve the rezoning of the property located at 3'701-OS Reservoir Boulevard from GB, General Business to R-2A, One and Two Family Residential. 27 Page 3 November 3, 2009 Questions from members: Peterson asked if the detached garage on 37t~' Avenue is part of this property. He was told the garage belongs to the property at 3717 Reservoir Blvd. Peterson then asked if this property is re-zoned to Residential, whether a business could ever be operated from this location. Sargent explained that the only business that could operate on this site would be an approved. Home Occupation by the owner, whereby it would be an incidental use of the property. It would not allow for the primary use to be a full scale business. There was a discussion regarding the properties to the north of this property being zoned R-3 (Multiple Family). Members wondered why staff recommended designating this an R-2A classification, rather than R-3. Sargent explained that R-3 zoning has more restrictive setbacks (20 feet from property line) than an R-ZA designation, and this would allow far additions, decks, etc. He stated that the adjacent properties appear to be one or two family dwellings, and therefore, could also be re-zoned to the R2-A zoning classification in the future. Sargent explained the difference between the R-2A and R-2B. When the change was made, all existing current duplexes/doubles were given the R-2B classification. Schmitt said. it makes sense to re-zone this property, as there isn't enough parking for a business to operate anyways. Public Heann~ Opened: The new owners made a request to continue using the address of 3701 Reservoir Blvd. as the new mailing address for the single family home. All City Departments will be notified. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommend that the City Council appf°ove the re-zoning of the property located at 3701-OS Reservoir Blvd_ from GB, General BZrsiness to R-2A, One and Two Family Residential. All ayes. MOTION PASSED. The following Resolution will be considered by the City Council on Monday, November 9, 2009. ORDINANCE XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 3701-OS RESERVOIR BOULEVARD NE SECTION l: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, the historic use of the property has been single-family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and 28 Page 4 November 3, 2009 WHEREAS, the previous single-family use was discontinued for mare than one year, causing the legal nonconforming status to terminate. WHEREAS, rezoning the subject parcel from GB, General Business to R-2A, One and Two Family Residential provides the re-occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS Thompson stated he would like to re-visit the issue of the required length of parking stalls for site plan approvals, especially when they abut a curb or sidewalk. He feels 18 foot parking stalls are not sufficient and cause vehicles to overhang an adjoining sidewalk or walkway. If left at the 18 foot minimum, then he would suggest requiring the sidewalk or walkway to be wider to accommodate wheelchairs and provide adequate clearance. Sargent told members this would require another change to the Ordinance. He was asked to gather .nformat.on and put this matter on a fut~.!re agenda. Thompson then reminded everyone of the Fire Explorer's Fundraiser on Saturday, November 7, 2009 at the VFW on Central. They are preparing a Booya that will be sold from noon - 5 pm. The meeting was adjourned. at 7:21 pm. Respectfully submitted, Shelley Hanson Secretary 29 Approved 11 /4/09 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES October 7, 2009 The meeting was called to order by Chair Patricia Sowada, at 6:31 p.m. Members present were; Patricia Sowada, Lynette Thomson and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. Not present: Nancy Holum. The minutes of the September 2009, Board meeting were approved as mailed. The bill list dated 9/28/09 was reviewed. It was moved, seconded and passed that the bills be paid. The bill. list dated 10/12/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 10/7/09 was reviewed. Old Business: L Selection of a replacement Board member is on the agenda for the next Council work session. The Board will be notified as soon as a decision has been made. Loader, Vesley, and Library supporter Barbara Miller attended the "Turning the Page,'' training on Oct. 6&7 for the Gates Grant. The training included guest speaker Kevin Carroll, and small sessions. The Board discussed the training, including: writing an advocacy plan, the increased need for technology in libraries, inspirational stories from libraries represented at the training and plans for future projects. It was recoimnended that signs be made encouraging patrons to designate their United Way contribution to the Library Foundation.. Motion: To allocate book sale cart revenue toward a matching grant for computers contingent on the approved 2010 budget. The motion was seconded and passed. The Library Board is scheduled to meet with the City Council on November 2, 2009. A PowerPoint presentation will be given. The strategy for the meeting is to discuss where we were, where we are, what's not getting done, and the proposal for 2010. The top priorities are to fill the fullt>lne Adult Services Librarian position, and to restore 4 hours of public service. There will be two add-ins to the budget book: the parking lot and a replacement air conditioner. The Board discussed the detail budget book noting: Maintenance of Effort, carpet replacement, emergency door replacement, staff a~1d public hours, and the materials budget. New Business: 1. The crossover statistics for July and August were reviewed 2. The thank you letter from Gil Mros of the Sister City Organization was appreciated. 3. The 21S` Century Grant has been approved by the City Council. Marsha Tubbs will be scheduling programs for this grant. 30 4. The Dollar General Grant was received for the purchase of materials including: DVDs, CD/book kits, and high-interest low vocabulary books. Items from the Floor: 1. Pat Sowada requested a vote for Library Board officers be put on the November Agenda as she wants to step down as Chair. 2. The Board will discuss donating a basket to the Foundation Silent Auction at the November meeting. There being no further business, the meeting was adjourned at 7:31. p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the adrzzission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 31 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 9, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY: for Monday, November 30, DATE: November 3, 2004 2009 DATE: NO: It is suggested to schedule a City Council Work Session meeting for budget review on Monday, November 30, 2009 beginning at 7:00 p.m. in the Curtis Ramsdell Conference Room at the Public Safety Building. RECOMMENDED MOTION: MOTION: Move to establish a City Council Work Session meeting for budget review on Monday, November 30, 2009 beginning at 7:00 p.m. in the Curtis Ramsdell Conference Room at the Public Safety Building. COUNCIL ACTION: 32 CITY COUNCIL LETTER Meeting of November 9, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Transfer of Funds from General Fund BY: Scott Nadeau BY: to Police Dept Budget re JAG I Grant Overtime DATE October 26, 2009 DATE: Reimbursement ~ NO: ~ BACKGROUND The Police Depaz~tment recently received its first reimbursement from the Edward Byrne Memorial Justice Assistance Grant (commonly referred to as JAG I) for overtime expended toward proactive, targeted initiatives. The JAG I grant is a countywide award, for which Anoka County is acting as fiscal agent. This reimbursement was in tl~ze amount of $7,S1S.35 and covered the period from July 1 to September 30, 2009. Details covered under the reimbursement include the Summer Initiative, an All- Hands Day and several POP {Problem Oriented Policing) details which focused on vaz-ious identified hotspots. ANALYSIS/CONCLUSION The $7,515.35 was deposited into the General Fund. The Police Department is requesting that the funds received from Anoka County be moved back into our 2009 Police Department Budget line 1020, Overtime, from the General Fund. RECOMMENDED MOTION: L ,lo YTe t^v trun8f°vr w~,.K, l.{i.,2ir`i, tiie aiiii3i,i.iit of iiioitej% ri~iizired uo.Fn Artok`a. Ci~uilty aS rci~i ttt~Gtiiciit ivr b- overtime under the JAG I grant for the third. quarter of 2009 (July 1 to September 30, 2009) from the General Fund to the Police Department 2009 Budget line 1020, Overtime. kao COUNCIL ACTION: 33 C4UT~T~' €~~ A1~'t3~4. OHECK NO, 1 ~ "i 3~~~ 21(!0 TktIl2D AVElV'TJE 9~o DATE act 15, 2009 a ANOKA, MIiYNES®TA 55303 - AMOUNT ~~~~~. ~ S 7,515.35 ~~~~~ s PAY Seven Thousand Five Hundred Fifteen DolCars And Thirty-Five Cents * * * * * * * * * * ~' * * * * * * * * * * * * * * * * * * * * * ~` TC7 THE ORDER OF CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HGHTS,MN 55421 United States WEttS FARGD BANK MINNESOTA N.A. ANOKA. MINNESOTA a~ ~~ ANOKA COUNTY REMITTANCE ADVICE DATE Oct 15, 2009 CHECK NO. 1113366 ::::<:: ..... ......................................., ....... ...,.............:........... .. ..5.. ..... ~..,....~... , ......:............ ......:.......:....., ...,.,......... , ~f~~ ... ,....w..,. .............,..,...,,......rte.:.....::::.::. ....r.::4.:<:4:;.:<>... ..;.,. 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J.y., ..:.. ri.•.... ;.\.:.:...'ri;.r;.: et :...{.~.w.: 4.. ~!,: ~.v::,.;.:'.S..il::yw::s,..:.}....4.:..:51.1:.. :.Y .,...: - 2009-023 Oct 8, 2009 GRANT REFMB II~-y/:~v~Vy EAU .k ~~~~~~~~~~~~~~~~~~~~~##~~~~~~~~~d~ CITY QF CQl.1111~iA NEIOhlTS 5~0-46TH.AUE NE C~1Li11~~I~ FIEIGN7SR hifa -55~~i T~thi 5 kEfi# 0i'::'I~€'# i i01~cJ~C00~ i~r'2~l29~° ~~:~@e35 ll~~3C ~E`V~~1~2 flCCOUhIT#< i~i,~0o33i6~ FINf~hiCE ~teceipt#; 132£73 G~flh~T ~)UC~tTIIiE REII9~ flflYCi~: C~lih?iY pr AIdCPEfl AhiT: ~p 5i:,, ~J TCt1vCT`°_~ C4CCK» iii3'~bc~ 7piiS,35 CHfli~"c> . ~0 TOTflC: 7,5i~.35 -- 7hIAf'IK Y#liJ -- HOVE A ~ICC I}AY'. ###~F#'k#########k~iF~x##~#iF;E~ ##~E##if#?t## 34 .VV .Op i ,:.a f J.J:! 7,5i 5.35 4741 3W COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: 11/09/09 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration, Finance, Public APPROVAL Works, Library ITEM: HVAC Preventive Maintenance BY: BE, KH, BL, LM BY: Services DATE: 11/04/09 BATE: NO: The City of Columbia Heights has had a contractual relationship with Honeywell for preventive and replacement HVAC service since 1992. The original contract included retrofit services for energy payback as well as preventive maintenance and replacement of equipment. For the past several years, the contract has been renewed on a year-to-year basis. An RFP was written to include preventive maintenance and to have emergency service quoted on a time and materials basis. The intent was to obtain better pricing by not including equipment replacement and for the City to start a separate fund for replacement of capital HVAC equipment items in City buildings. The public facilities in the RFP included: City Hall, Library, Municipal Services Center, Liquor Stores {3), Pump Stations, Lift Stations, and Park Buildings. Murzyn Hall was not included due to the new contract with Honeywell. The new Public Safety Building was not included as servicing will be provided through the Mechanical Contractor through the warranty period and to establish an operating and maintenance history. In an effort to discern what the marketplace offered for competitive prices, the RFP was sent out to the following vendors: 1. Honeywell 2. Yale Mechanical Services 3. Harris Companies 4. Johnson Controls 5. NAC Mechanical & Electrical Services 6. Trane Building Services 7. NSI Norwitz Mechanical Services 8. Master Mechanical Services A pre-bid meeting was held 9/25/09 for interested parties to clarify any questions they had on the RFP. Completed RFP's were received 10/21/09 from: 1. Honeywell 2. Harris Companies 3. NAC Mechanical & Elects°icai Services 4. Trane 5. NSI Horwitz Mechanical Construction & Service 6. Master Mechanical 35 RFP's for H~AC preventive maintenance services Page 2 After the initial review of all six RFP's, Trane was eliminated because of the high cost, and Master Mechanical and Honeywell were eliminated because of non-response to portions of the RFP. Staff put together the following chart to outline the costs submitted by the remaining three vendors for a three year contract period: Proposer: NAC Year 1 Year 2 Year 3 Annual Fee: 35,433.00 36,495.98 37,591.43 109,520.41. Proposer: NSI Year 1 Year 2 Year 3 Annual Fee: 27,590.00 28,417.70 29,270.24 85,277.94 Proposer: Harris Year 1 Year 2 Year 3 Annual Fee: 38,172.00 39,360.00 40,572.00 1.18,104.00 The RFP's for the remaining three vendors were reviewed by City staff and scored on a rating grid resulting in composite scores as follows: Reviewers'` Company: COMPOSITE Harris Co. 82.50 NSI Horwitz 81.25 NAC 62.25 * Out of a possible score of 100. The review staff consisted of the Finance Director, Human Resources Director, Library Director and Public ~Norks Director. Staff recommends contracting with NSI Horwitz because of the following: • Competitive price and lowest total cost over the 3-year term. • Experience in refrigeration servicing (e.g. coolers at Liquor Stores) • Online tracking portal for maintenance requests, issues and completion of tasks. • Flat rate for time/material services • Complete response to Scope of Services request. Recommended Motion: Move to accept the bids for HVAC Preventive Maintenance Services from NSI Horwitz for City facilities, based upon their low, qualified, responsible bid and, furthermore, to authorize the Mayor and. City Manager to enter into a 3-year contract for the same. COUNCIL ACTION: 36 CITY COUNCIL LETTER Meeting of: 11/09/09 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT' CITY MANAGER PUBLIC WORKS ITEM: Refuse and Recycling: Contract award BY: K. Hansen, J. Davies BY: DATE: 1 l /04/09 DATE: Background: Council accepted the bids for the refuse and recycling RFP on September 14th, 2009 and directed staff to prepare a contract that would start on January 1, 2010 and end on December 31, 2014 with Veolia Environmental Solid Waste Services, the apparent low, responsive bidder. At the October 5th, 2009 Work session Council reviewed the alternatives for single sort recycling and directed staff to complete the contract with the single sort alternate bid. Analysis/Conclusions: Staff used the previous Refuse/Recycling contract as a basis for the new contract, to facilitate the same level of service. Major changes to the new contract are summarized as follows: • Contractor information has been changed to Veolia based upon their bid, and includes single sort recycling. • Term has been updated for 5 years beginning in January of 2010 and ending December of 2014. • Tipping fees have been defined and added to be separately tracked in the payment procedures. • The City will switch to Single Sort Recycling in 64 gal carts and pickups changed to every other week for recycling. Refuse collection days remain the same. • The City will move recycling collection point to the same location as refuse (i.e. to the alley where permitted) • Language has been added in the Disposal section in which the City reserves the right to direct the location and facility of the disposal of solid waste. • Language has been added which requires the Contractor to provide tonnage reports on a monthly basis for garbage, solid waste and recycling. And that the City may withhold payment without such submittals. • A recycling rebate provision has been added to provide for revenue sharing of recyclables collected Citywide. • A fuel escalation clause has been added to account for fluctuations in fuel costs. • Allows the contractor to service multi-dwelling properties with carts instead of dumpsters where permitted. The completed contract is attached, as prepared by Public Works Staff with input from the Finance Department, Administration, City Attorney, and Veolia Officials. Recommended Motion: Move to approve the contract for Refuse, Recycling, Yard Waste, and White Goods Services with Veolia Environmental Solid Waste Services fora 5-year contract term. Attachments: Contract w/ attachments KH:kh COUNCIL ACTION: 37 CONTRACT BETWEEN VEOLIA ENVIRONMENTAL SERVICES SOLID WASTE MIDWEST, Inc. LLC and THE CITY OF COLUMBIA HEIGHTS FOR THE COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, RECYCLABLE MATERIALS AND YARD WASTE January 1, 2010- December 31, 2014 38 REFUSE SERVICE CONTRACT THIS Contractor between. the CITY OF COLUM$IA HEIGHTS, a Minnesota municipal corporation, party of the first part, herein referred to as "City", and VEOLIA ENV[RONMENTAL SERVICES SOLID WASTE MIDWEST, LLC, a Wisconsin corporation, 8025 Excelsior Drive, Suite 202, Madison, Wisconsin 53717 party of the second part, herein referred to as "Contractor." The City and Contractor agree as follows: General Description of Services. The Contractor shall make a complete collection of garbage, refuse, large items, and major appliances from residential dwellings in the City at least once in each calendar week during the teen of the contract, and, convey this garbage and rubbish to a facility authorized by the State of Minnesota, Anoka County, and the City of Columbia Heights. Work to be performed includes the removal of recyclable materials and yard waste collected in conjunction with the City's Recycling and Yard Waste Programs. The Contractor certifies that all materials generated from this contract will be collected and disposed of properly and in accordance with Federal, State, and local government laws, ordinances, regulations, and rules. The Contractor shall also provide a robust customer service, public outreach, and supervisory program for the contracted operations. 2 Contract Period a. This contract shall be in full force and effect for the period beginning January 1, 2010, and ending December 31, 2014. This agreement may be extended for a period of up to three (3) years at the option. of the City. b. This contract and any extension thereof shall be subject to termination by the City if the City finds that the Contractor has violated any of the material provisions of the same, after being given ten (10) days notice and a hearing to be held before the City Council of the City of Columbia Heights. Definition of Terms a. Residence shall. mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and other living quarters. b. Multi-dwelling properties mean any residence with more than four separate living quarters including, but not limited to, apartments. c. Garbage shall mean organic {non-hazardous} waste resulting from any source. d. Rubbish shall mean all inorganic (non-hazardous} refuse matter that accumulates in the ordinary operation of a household. including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the property at which these materials have been placed, along with mattresses, chairs, couches, tables, and other such items of furniture. e. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone books, magazines, and any other materials as required. by the City and agreed to by the Contractor. £ Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and. brush. g. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter. h. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable container,' `cans,' or `containers,' shall be of such size and form. as to pernit Collection and handling by one person. A single cart shall rot exceed of gallons. i. Tippins Fee shall mean the charge per ton assessed to the Contractor by the City approved solid waste disposal facility for disposing Refuse and Garbage. Tipping Fee excludes any taxes and/or surcharges. j. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar device so defined by the State of Minnesota. k. White Goods shall mean household appliances including but not limited to clothes washers and dryers, dishwashers, water heaters, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. 1. Refuse shall mean garbage, rubbish, yard waste, brush, electronics, and white goods, and recyclable materials if discarded in the non-recycling container by the residence. m. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge. n. Limited Service means additional fee-based service for the collection of household items, furniture, extra garbage, and rubbish that does not fit into the provided container and is not part of the regular service charge. o. Living quarter means single family home and each separate rental unit of amulti-dwelling property. 4 Collection operations. a. Collection Schedule. Points, and Route. 1) Each residence shall. have its refuse and all other permissible items collected a minimum of once each week. The Contractor shall use the City's Refuse Schedule and Route (Attachment A). If the Contractor wishes to recommend a change to the City, the Contractor shall advise the City in writing at least 120 days from the proposed date the requested 39 change is to take effect. A change shall be effected only upon formal written authorization from the City. The Contractor shall bear all costs involved in notifying residences of any authorized schedule and/or route changes. 2) Recyclable Materials generated from residences with single sort containers will be collected once every other week on the same day as refuse collection (Attachment A). The Contractor will ensure a recycling truck is available every day a refuse collection is taking place according to the collection schedule for that week. 3} All collection service shall be conducted between the hours of 6:00 a.m. and 6:00 p.m., on Monday through Friday. The Contractor shall notify the City of such conditions when the time cannot be met no later than 2:00 PM on the day the situation exists. The Contractor shall provide the City and residences with a list of the holidays on which their offices and operation will be closed. When holidays fall on a weekday, the collection shall be made within the next day. 4) Whenever the City or a Residence notifies the Contractor of locations which have not received scheduled service, the Contractor is required to service such locations before 6:00 p.m. of the same day when notified. prior to noon. When notified after noon, the Contractor shall service such locations not later than noon of the following day, excluding Sundays. 5} The Contractor shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and all. other permissible household refuse at designated collection points as permitted by City Ordinance or Resolution. 6) Residents who are elderly or physically disabled and are unable to place their containers at the designated location, may request "walk-up" service from the Contractor, whereby the driver will service those containers from the house access that is nearest the designated collection point. 7) The City reserves the right to improve any street or alley, which may prevent the Contractor from traveling their accustomed route or routes for collection. The Contractor shall contact the Division of Engineering within the Public Works Department prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be made for this interference. b. Collection Service - Garbage. Rubbish, Lame Items, White Goods, and Electronics 1) Full Service Collection shall consist of one Contractor provided 96-gallon or one Contractor provided 64-gallon capacity garbage container, with full service sticker, provided by the Contractor. Contractor shall only collect up to 200 gallons (3-96 gallon carts) or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this amount can be provided by the Contractor at an additional cost to the resident. Arrangements and billings for such collections will. be handled directly by the Contractor. The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the City. .Additional Full Service Collection includes: a) Christmas tree collection during the first two weeks of January, per living quarter unit, b} Additional amounts ofnon-garbage household rubbish, Such as c) stone, sod, earth, concrete, and building materials resulting from remodeling of the residence on the property at which these materials have been placed, along with carpeting, carpet padding, mattresses, chairs, couches, tables, and othe..,,.ch items of furnitu..,. ~xrhere practicable, such items will be bagged, boxed, or h,.;ndled. d) One white good item each calendar year for each living quarter unit at no charge (tracked by the Contractor), additional items can be charged by the Contractor at an additional cost to the resident. Arrangements and billings for appliance collections will be handled directly by the Contractor. 2) Low-volume collection service shall consist of one 32-gallon capacity garbage container, as provided by the Contractor. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection. of materials outside of the provided container can be provided by the Contractor at an additional cost to the resident. Arrangements and. billings for such collections will be handled directly by the Contractor. The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the City. Additional Low- volume service includes, Christmas trees and white goods collection as described in 4.b.1 }, a} & d). 3) Limited service will consist of one 64-gallon capacity container, as provided by the Contractor. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Contractor at an additional cost to the resident. Arrangements and billings for such collections will be handled directly by the Contractor. The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the City. Additional Limited service includes, Christmas trees and white goods collection as described in 4.b. ] }, a) & d). 4) Contractor shall provide each multiple dwelling with at least one standard dumpster (1 cubic yard capacity) or equivalent number of 96-gallon containers and collections a minimum of once/week. Multiple dwelling properties may not have 40 extra garbage or rubbish outside of the provided container, except for large household items such as furniture items, carpet, padding, and mattresses. Property owner/manager must call Contractor in advance of collection. Collection of materials outside of the provided container (other than previously noted} can. be provided by the Contractor at an additional cost to the owner. Arrangements and billings for such collections will be handled directly by the Contractor. The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the City. Additional services/living quarter unit includes, Christmas trees and white goods collection as described in 4.b.1), a) & d). 5) The Contractor shall organize residential collection of electronic devices that are banned from the solid waste stream by the State of Minnesota, Anoka County, and the City of Columbia Heights. The Contractor shall provide each residence and multi-dwelling living quarter unit an electronics (including those items not banned) curb-side collection service weekly, although. this service will be fee-based and negotiated directly between the Contractor and the resident requesting the service. 6} Contractor shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters that meet federal standards and have fly-tight lid, keep said containers in good repair, and replace at no charge to the resident or the City. Except as otherwise set forth herein, all containers furnished by Contractor, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Contractor. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Contractor shalt provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof The size and numbers of containers shall be selected by the resident/owner (through the City), who may change their level of service monthly at no additional charge. 7) The Contractor shaII direct all requests for service change to the City. Official changes will be made through the City and the Contractor will be notified. Only such pick-ups shall be made as have been approved by the City and the Contractor shall not be entitled to payment far any collections made and not approved by the City. The Contractor may remove containers from properties when the City discontinues service to a residence. Collection Service - Recyclables (Single Sort) 1) The Contractor shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled carts with attached lids) to the residents/property owners, keep said container in good repair, and replace at no charge to the resident or the City, except as otherwise set forth herein. All containers furnished by Contractor, shall. while in the possession and control of the residences and multiple dwelling units, remain the property of Contractor. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Contractor shall provide additional containers and charge the ReciclPnt or Miiltjple dwelling knit directly fir the rnct pfthe rnntainer ar~d rlali~iary therenf; 2) The Contractor shall. be responsible for collection of recyclable materials from. containers at residential properties in the City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets Contractor specified procedures. 3) The Contractor shall be responsible for providing containers, and collection of recyclable materials from the City of Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with the addition of scrap metal and rimless tires. The City may, at City's option, discontinue the Drop-Off Recycling Program. 4) If the Contractor determines a recycling container is too contaminated with non-recyclable materials, Contractor may collect the material as refuse. The contactor will notify the resident of contamination issues and provide information for proper preparation of recycling. Collection of contaminated recycling materials can be provided by the Contractor at an additional cost to the resident. Arrangements and billings for such collections will be handled directly by the Contractor. The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the City. d. Collection Service -Yard Waste and Brush 1) The Contractor is responsible for weekly collection of yard waste and brush from non-multiple dwelling properties during the growing season (April. 1 -November 30). Yard waste and brush collected from. non-multiple dwelling properties shall be unlimited and occur on the same collection day as refuse. 41 2) Yard Waste and Brush collection shalt be limited to only those materials placed in authorized disposable containers (i.e. bags) that meet State of Minnesota, Anoka County, and City of Columbia Heights requirements. e. Non-Residential service: The Contractor will provide garbage, rubbish, and recycling service (not resulting frorn construction activities) to City facilities (including but not limited to Attachment B), including the annual City Jamboree. The Contractor will provide containers and service as agreed to with facility managers. The Contractor will empty and reline City Downtown Streetscape containers every day a residential collection is made. The City reserves the discretion to add other entities (Non-municipal) as agreed to by Council resolution and the Contractor. The Contractor will not charge for City Facility services and the City reserves the right to change the location and number of properties and operations serviced as municipal operations expand or reduce. The Contractor may charge for other entities the Council covers under this contract according to the normal charges based on the contract prices for levels of service. The Contractor may charge for Parkview Villa recycling services at the multi-dwelling unit rate, but will provide yardwaste collection at no charge. 5 Disposal Operations. a. All refuse and recycling materials placed for collection shall be owned by and be the responsibility of the occupants of the residential properties until collection by the Contractor. Upon collection of the refuse materials by the Contractor, the solid waste becomes the property and responsibility of the Contractor. All Garbage and Refuse shall be transported to, weighed-in at, and disposed of at a solid waste facility that is approved by the City. b. Disposal of solid waste shall be in accordance with State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Contractor shall certify to the City, in writing, of the place and method of disposal of such refuse and that all requirements have been met. The City reserves the authority to direct the location and facility for disposal of solid waste generated under this contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by the City, as a result of any change in disposal site (the Elk River Refuse Derived Fuel facility}. All rebates from Anoka County will be credited to the City on the same timing basis in which the rebates are received by Contractor (monthly or quarterly). The Contractor shall dispose of all such recyclables at a processing site or market and follow Anoka County, State of Minnesota, and City of Columbia Heights requirements for the handling and disposition of recycling materials. The City reserves the authority to direct the location and facility for processing and sale of recycling material generated under this contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by the City, as a result of any change in facility. The Contractor shall certify to the City, in writing, of the place of recyclables disposition, and that all requirements have been met. All proceeds from the sale of recyclable materials shall remain with Contractor, although the Contractor will provide a rebate as described in 8.f. below. d. The Contractor shall dispose of all yard waste at a compost site meeting State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Contractor shall certify to the City, in writing, of the place of yard waste disposal., and that all requirements have been met. The City reserves the authority to direct the location and facility for disposal of yard waste and brush generated under this contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by the City, as a result of any change in facility. e. Disposal of white goods and electronics shall be in accordance with State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Contractor shall certify to the City, in writing, of the place and method of disposal of such refuse and that all requirements have been met. The City reserves the authority to direct the location and facility for disposal of appliances and electronic devices generated under this contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by the City, as a result of any change in facility. £ The Contractor assumes responsibility for collection and delivery of items not acceptable to disposal and recyclable processing facilities. g. The City and the Contractor shall meet once per quarter to discuss disposal facility options. The Contractor shall present disposal. options that have competitive prices and will lower the costs of disposal to the City. 6 Customer Service operations: a. The Contractor shall be required to provide a customer service mailing address, local or toll-free phone number (Published in the local phone book), email address, and website. The Contractor shall maintain an office equipped with telephones, messaging service, and staffed with sufficient personnel to handle complaints, orders for special service, and/or to receive instructions including but not limited to: 1) Provide means for residences to directly notify Contractor if collection was missed. 42 2) Immediately inform residences concerning non-collection of refuse/recycling due to improper procedures of refuse/recycling preparation or over the service level. 3} Provide means for residences to directly notify Contractor of extra refuse above the service level, white goods, and electronics ready for collection. 4) Inform residences of procedures and cost quote for collection of refuse above limited service, extra white goods, and electronics. Residences must authorize the Contractor to provide the additional service and Contractor will bill residence directly. 5} Provide means for residences to directly notify Contractor of service complaints. V} Forward inquires concerning refuse service level starts/stops/changes, City utility bills, and health or environmental nuisance complaints to the City b. The office shall be staffed from at least 7:00 a.m. to 5:30 p.m., Monday through Friday (except holidays). The Contractor shall maintain a written log of all complaints, the date thereof and the action taken pursuant thereto or the reason for no action. Such log of complaints shall be open to the inspection of the City Manager or his/her authorized representative. c . Public information and Education: 1) The Contractor shall inform all residences of preparation requirements for collection of refuse/recycling material. This will be provided via an initial mailing to serviced properties and when major changes in service operations occur. In addition, the Contractor shall provide a brochure or flyer for new resident packets from the City. 2} The Contractor shall issue notices to all. homeowners and users of the service whenever garbage and rubbish removal, recyclable, white goods, and/or yard waste removal is not conducted. The notice shall be signed by the Contractor and given to the user if the user is present at the residence. If the user is not present, the notice shall indicate steps taken to notify the user. Said notice shall indicate the reason for the failure to collect the garbage and rubbish, recyclable materials, and/or yard waste material. Copies shall be made and filed with the City by 4:30 p.m. on the day of its issuance. 3} The Contractor will provide information for the City newsletter on refuse/recycling and major issues noted during collection. In addition, the Contractor will provide a community outreach program of industry related pertinent articles and advertisements in the local paper, and provide public presentations for City requested events. 4) The Contractor shall develop an annual recycling and solid. waste reduction campaign plan with the City recycling coordinator. d. Supervision and reporting I) The Contractor shall provide a dedicated manager to supervise performance of the contract and be available for immediate contact by City staff. 2} All services to be performed for the City by the Contractor pursuant to the teens of this contract shall be supervised by such employee, agent or officers of the City as the City Manager shall designate. Monthly performance meetings between the Contractor and the City will review operations plans, goals, and progress. The Contractor shall provide access to the City, or any of its duly authorized representatives to review any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purpose of making an audit or examination and preparing excerpts and transcriptions. 3) The Contractor will be the subject matter expert for refuse, recycling, and household hazardous waste rules, regulations, and provide said expertise to the City and residents. 4) The Contractor will keep and maintain complete accurate records in accordance with generally accepted accounting practices. The Contractor shall provide monthly reports (in formats approved by the City) for solid waste refuse collection anal disposal amounts, itemized recycling collection and processing amounts. The Contractor shall provide customized reports as requested by the City. The City may withhold payment for Garbage and Refuse services pending a receipt of such information. a) The Contractor shall notify the City in writing, by the fifteenth of each month, of the tonnages of each material. recycled during the previous month in conjunction with the curbside and multi-unit dwelling recycling program. Truck weight tickets and market receipts must be on pernanent file and available to the City on request from the Contractor. Monthly reports on the number of participants in the curbside recycling program must be included in 43 the monthly reports. In addition, Contractor shall provide sale receipts of recycling materials and a statement of verification that al] recycling materials collected under this contract is accounted for on the reports. b) The Contractor shall notify the City in writing, by the fifteenth of each month., the tonnages of garbage and rubbish disposed of during the previous month in conjunction with disposal of residential and multi-dwelling garbage and rubbish collection. Truck weight tickets must be on permanent file and available to the City on request from the Contractor. c) The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of yard waste composted during the previous month in conjunction with the City yard waste collection program. Truck weight tickets must be on permanent file and available to the City on request from the Contractor. d) The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of white goods and electronics collected and recycled during the previous month. Truck weight tickets must be on permanent file and available to the City on request from the Contractor. ~) The City will not reimburse any expenses incurred by Veolia employees including, but not limited to, expenses associated with the preparation and submission of reports and attendance at meetings or presentations. Performance of Contract a. The Contractor shall supply all labor, material and equipment necessary for the carrying out of the contract. 1 } ~uipment a} Vehicle Protection -All trucks or motor vehicles used by the Contractor shall be water-tight and shall be covered. All spills, regardless of circumstance, shall be immediately cleaned up. A broom and a shovel shall be carried on each vehicle at all times for this purpose. h) Cleaning -All vehicles shall be kept in a clean and sanitary condition; and all collection vehicles shall be cleaned with pressurized hot water at ].east once a month. c) Paintine -The packer body shall be painted and numbered, and shall have the Contractor's name and telephone number painted in letters of contrasting color, at least five inches (5") high, on each side of the vehicle and the number painted on the rear. They will be painted a minimum of one (1) time in the contract period. d) Maintenance -The trucks shall be maintained in good working order. They shall be equipped to meet all Federal, State and Municipal regulations concerning vehicles used on public roads and maintained to meet these standards. e} Vehicle inspection -All vehicles used in the performance of this contract shall be made available for inspection within the City of Columbia Heights on request, and at such times and places as the City may designate, and must meet all State vehicle standards. f) Description of Vehicles -The Contractor shall furnish the City with a written description. of all vehicles and equipment to be used within the City of Columbia Heights in the performance of this contract and shall advise the City in writing of any withdrawal of such equipment or of any change therein within one (1) week of the time of making such change. g) SafetLqui ip Went -Each collection vehicle shall have a flashing light warning system, fire extinguisher (C02 type), first aid kit, two safety vests (high visibility) and proper backup alarms as approved by the City. h} Excessive Damage to Pavement. The Contractor shall utilize collection vehicles and operating procedures which do not create or cause unreasonable or unnecessary wear to street pavement including that in place on alleys. 2) Personnel Requirements a) Responsibility (1) There shall be sufficient crew to fulfill the requirements of the specifications and contract. (2) Each. collection crew shall adhere to all applicable ordinances of the City of Columbia Heights, and all of those policies, rules, regulations and conditions for refuse collection as established by the City Manager. b) Driver (1) The driver must have a valid Minnesota Driver's License with all the necessary endorsements. (2) The driver must adhere to all traffic laws. c) Collector (1) The driver and collector(s) shall at all times have a courteous attitude toward the general public. (2) The driver and collector(s) shall be of sound character, competent and sober throughout the workday. (3) The driver and collector(s) shall have the ability to remember the order of collection and location of all refuse containers on the assigned routes. (4) The driver and collector(s) shall make a concerted effort to have at all times a presentable appearance. (5) The refuse collector(s) on each crew shall be physically able to perforn their duties and be at least eighteen 18 years old. (6) The collector(s) shall perform their work in a neat and a quiet manner and clean up all refuse spilled in collection under any circumstance. (7) All containers shall be replaced in their proper locations (off of the Street or alley) and covers placed securely back on containers. Containers shall be placed in their upright position. 44 (8) Damage to containers or other property shall be avoided. (9) Gratuities are not to be accepted. (10) Consumption of any beverages containing alcohol is forbidden during or before work hours of any collection day. (11)A regulation container shall be used for refuse removal when performing carry-out type collections. d} Safety. The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with Federal, State, and Local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Contractor shall comply with employee safety and sanitation facility regulations as set forth in Minnesota Statutes 182 and in the Department of Labor and Industry's Labor Safety Code (LISC 73-75). b. Non-Discrimination/Affirmative Action. 1) The Contractor agrees that during the life of the contract the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all subcontracts entered into for the performance thereof. 2) The Contractor further agrees that during the life of the contract the Contractor will not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services and programs. 3) The Contractor shall comply with City Resolution 88-83 (Exhibit F). This contract may be canceled or terminated by the City, and all honey due or to become due hereunder may be forfeited for a second or subsequent violation of the terns and conditions of this paragraph. 4) The Contractor agrees to pay all persons doing work or furnishing skill, tools, machinery, materials, insurance premiums, equipment, supplies, and all just claims for such work, material, equipment, insurance and supplies in and about the performance of this contract. 5} At all times and for all purposes hereunder, the Contractor is an independent Contractor and not an employee of the City. No statement made herein shall be construed so as to find the Contractor to be an employee of the City. c. Health & Environmental Reeulations and City Ordinances. 1) The Contractor shall acquaint itself with. all pertinent City and Anoka County Ordinances and State of Minnesota regulations and comply with all ordinances and regulations in effect at this time or hereafter adopted. ?} The Contractor shall place all Garbage, Refuse, and Yard Waste collected, in water-tight metal receptacles or vehicles with closed tops so constructed that the contents will not leak or spill therefrom; such receptacles or vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley or other place longer than is reasonably necessary to collect Garbage and Refuse. 3) The dispvSltiOn of Such ii~atcriai Shaii be evnd'ucted and bandied Sv as iv at n~ lime Create a nulSar'iie yr become ii~juriv uS to the public health of a person living either within or outside the corporate limits of the City. d. Indemnification. The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from any and all claims causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suits, demands, and judgments of any nature, because of bodily injury to, or death of, any person or persons and/or because of damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including negligence, of the Contractor, or the Contractor's employees or agents in connection with the Contractor's perfornance of this contract. The Contractor agrees to defend any such action brought against the City on any such matters, and to pay and satisfy any judgment entered thereof together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this contract. Liability Insurance -The Contractor shall. perform under this contract in a clean, neat manner and shall operate such trucks and motor vehicles as are reasonably necessary and suitable to the rendering of such services and shall keep the same insured with a minimum public liability insurance of $1,000,000 for any one person; $].,000,000 for any one accident; $1,000,000 for property damage, together with Contractor's public liability insurance of $1,000,000 for any one person; $1,000,000 for any one accident; and property damage of $1,000,000. All of the foregoing insurance to be with a company licensed to do business in the State of Minnesota and acceptable to the City of Columbia Heights and Anoka County. Memorandum policies and receipts for the payment of premium shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. The Contractor shall name the City as an additional. insured on 45 such insurance and shall furnish evidence of the same to the City. The Contractor further agrees to take all precautions to protect the public against injury and to save the City harmless from all damages and claims of damages that may arise by reason of any negligence of the Contractor or the Contractor's agents, or employees while engaged in the performance of this contract, and will indemnify the City against all claims, liens, expenses, and claims for liens, for work, tools, machinery, materials, or insurance premiums or equipment or supplies, and against all loss by reason of the failure of the Contractor in any respect to fully perform all obligations of this contract. £ Workers' Compensation Insurance -The Contractor shall at all times keep fully insured, at its own expense, all persons employed by it in connection with the performance of the contract as required by the laws of the State of Minnesota relating to Workers' Compensation Insurance and shall hold the City free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the Contractor who may be injured while performing work or labor necessary to carry out the provisions of the contract. The Contractor shall furnish evidence of the same to the City g. Performance Bond. I) As a precondition to the commencement of this Contract, the Contractor shall provide the City of Columbia Heights for the use of said City and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such contract. Said bond shall be signed by the Contractor with a surety company as surety and shall be in the amount of $250,000.00 which bond shall be kept in full force and effect for the term of the contract. 2) The conditions of the performance bond shall be that the Contractor shall fully and faithfully perform all terms and conditions of the contract; shall pay anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such contract; and such bond shall provide that the full amount shall be forfeited upon the Contractor's failure to comply therewith. h. Termination. I) It is understood the essence of this contract is high quality service to residents of the City of Columbia Heights. As such, if the City determines that the Contractor is in breach of any provision of this contract, a written notice will be sent to the Contractor allowing it 30 days to comply. If the Contractor fails to comply with the teens of the contract by the end of the 30 day period, the City may terminate the Contract and shall be released of its obligations. Moreover, the City shall retain all performance pledges obligated to that time. 2) Upon any failure of the Contractor to fulfill any of the provisions of the Contract, the City Manager shall be authorized to hire services and equipment, or assign City employees and equipment, as may be necessary to do such work and the cost of such expense thereof may be charged and deducted from any monies due the Contractor, collected from the Contractor or collected by recourse to the Contractor's bond or financial guarantee instrument submitted subject to this section. i. Utilities. The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations under this contract, it shall repair or replace same ±o ±he exten± caused by Contractor or, falling to do so promptly, the Cit<y~ shall cause repairs or replaceme>>ts to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. j. Subletting or Assiemnent of Contract. No assignment or subletting of this contract, all or in part, will be permitted without authorization of the City. The Contractor alone will be held responsible for full and faithful performance of the contract. 8 Payment Procedures. a. The Contractor shall invoice the City monthly based on the number of residences and multifamily dwellings and their respective service level category, adjusting for any changes during the month. The invoice will show the number of services by each service level category and monthly prices as stated in attachment C. The monthly price accounts for all weeks in a given year. The City will approve the format of the invoice. b. The City will verify the invoice. The City shall make payment to the Contractor monthly, within 30 days of receipt of the invoice (for the previous month's services), unless discrepancies in the invoice delay payment. The annual prices stated in the rate sheet (attachment C) shall not change regardless the number of services, the amount to be paid by the City to the Contractor shall be adjusted for each. such change of collection monthly. c. The City shall. pay for tipping fees incurred by the Contractor for solid-waste disposal generated under this contract and will be a separate line item on the invoice showing actual tons, disposal facility charges/ton, and rebates or discounts received by any entity for disposal at said facility. This is for solid-waste only and does not include recycling, yard waste/brush, white goods, or electronics disposal.. 46 d. The Contractor may apply a fuel surcharge following the instructions in attachment D. When applicable this charge will be a separate line item on the monthly invoice stating the fuel price used to invoke the surcharges, the rate applied, and the number of units used to calculate the additional charges. e. The City does not expect and will not pay for any other charges other than those listed above. f Recycling rebate. The Contractor shall rebate monies to the City based on sale of recyclables and commodities generated from contract recycling operations. The value of those recyclables minus processing costs (taking into account any subsidies or rebates), multiplied by 60% will be the amount of the rebate, unless the value is less than the processing costs. The amount of Recycling Center commodities will be tracked separately and a separate disbursal made for purpose of paying community organizations to staff the Center. g. Liquidated Damage. Verified failure to make the collection shall be cause to deduct $15.00 per verified collection, as liquidated damage from the monthly payment, in addition to deduction of the regular pick-up rate (pro-rated}. This provision shall not constitute a waiver or the breach of any condition of the contract requiring all residence collections to be made at least once each week in every seven (7} day period, commencing on Sunday of each week. 9 Contractor to Make Examination. a. The Contractor shall make their own examination., investigation and research regarding the proper method of doing the work, and all conditions affecting the work to be done and the labor, equipment and materials needed therefore, and the quantity of work to be performed. b. The Contractor shall make no claim against the City because of any estimates, statements, or interpretationsrnade by any official, officer, or agent of the City that may prove to be in any respect inconsistent with the RFP, Bid approval, or this contract. c. The Contractor assumes the risk of all conditions, foreseen and unforeseen, and agrees to complete the work without additional compensation under whatever circumstances may develop other than as herein provided. IN WI'T'NESS WHEREOF, the parties hereto have set their hands on this _ day of , ?009. IN THE PRESENCE OF: CITY OF COLUMBIA HEIGHTS, MN. A Municipal Corporation Gary Peterson, Mayor Walter R. Fehst, City Manager Veolia ES Solid Waste Midwest, LLC Its Approved as to Fonn: Jim Hoeft, City Attorney 10 47 Attachment B CITY FACILITIES LOCATION DUMPSTER SCHEDULE Public Safety Center TBD TBD Pu'otic Library 820 40th Avenue NE J.P. Murzyn Hall 530 Mill Street NE Huset Park (May-September) 530 Mill Street Top Valu Liquor Store 4950 Central Avenue 2l OS 37th Avenue University Avenue Liquor Store 5225 University Avenue NE City Hall 590 40th Avenue NE Municipal Service Center 637 38th Avenue NERoII-Off Parkview Villa 965 40th. Avenue N.E i one-yard (including lock} Wed, Fri 2 four-yard Mon, Wed, Fri, Sat 1 four-yard Mon, Wed, Thur, Fri, Sat 1 two-yard Wed (including lock) 1 one-yard Wed 1 five-yard Tues {including lock) 1 four-yard Mon, Wed, Fri 1 twenty-yard Thur 4 two-yard Man, 3 two yards Wed, Fri 4 containers on site; usually only four serviced on Mondays Parkview Villa includes recycling at cost ofmulti-dwelling per unit and yard waste collection at no additional cost. 49 DOWNTOWN AREA STREETSCAPE CONTAINERS Refuse from the containers included as part of the Downtown Streetscape as listed below will be collected five days per week (Monday -Friday, shifted for holidays) at no additional cost to the City. Contractor will line the containers each time. (1) Container located halfway between Central Avenue and Van Buren Street, south side of 40th Avenue (directly in front of bus sl;elter) (1} Container located on alley between Central Avenue and Van Buren Street, south side of 40th Avenue, on public walkway (by northwest corner of 3970 Central Avenue, Dragon House Restaurant) (1) Container located on Central Avenue, southwest corner of Central and 40th Avenue (directly in front of 3988 Central Avenue, All About Travel) (1} Container located on west side of Central Avenue, between 3980 (Anoka County Government Center} and 3970 Central Avenue (Dragon House Restaurant) (1) Container located on east side of Central Avenue between 40th Avenue and Gould Street, on the northwest corner of the Northeast State Bank property (1) Container located at southeast corner of Columbia Park Clinic ramp, located north of 40th Avenue between Central Avenue and Van Buren Street (1) Container located on northwest comer of Central Avenue and 40th Avenue, west side of the bus shelter in front of Columbia Park Clinic (4000 Central Avenue) (1) Container located by 40th Avenue entrance to Columbia Park Clinic (4000 Central Avenue} (1} Container located on west side of Central Avenue, between 40th Avenue and 4i st Avenue, on northeast corner of 4022 Central Avenue (1) Container located on east side of Central Avenue, between 40th Avenue and 41st Avenue, just north of Columbia Heights Ma11 exit to Central Avenue (1) Container located. on west side of Central Avenue, north of 41st Avenue, by park bench by Wargo Court 50 ATTACHMENT C THE COST PER HOUSEHO<_D PER MONTH FOR THE FOLLOWING SERVICES: Garbage and Recycling Collection monthly rates. Contractor to pick up garbage and recycling at the alley or curbside location in Contractor su "lled ~rba P and rec~ Mina arts of a rox_~matel `~0" "h~" nr `~9(1"- anon ca ac1tV. pr g~ g.. .~" b " pp y ` > - g- p and Contractor supplied recycling receptacles. Recycling rate given is for single sort collection. Non-Multiple Dwelling Residences Service Levet 2010 2011 2012 2013 2014 Full Service Hi hest Level ~90 al) $6.70 $b.93 $7.17 $7.42 $7.68 Limited Service Mid-Level N60 al} $6.70 $6.93 $7.17 $7.42 $7.68 Limited Service Lowest level (~30 al) $6.70 $6.93 $7.17 $7.42 $7.68 Limited Service Senior Rate (~30 al) $6.70 $6.93 $7.17 $7.42 $7.68 Ree clin Char e/unit $2.50 $2.59 $2.68 $2.77 $2.87 Yard Waste Char e $1.93 $2.00 $2.08 $2.15 $2.22 51 Monthly charges at each service level as stated below: Multiple Dwelling Residences Service Levei 2010 2011 2012 2013 2014 1 Yard once/week $17.32 $17.93 $18.56 $19.21. $19.88 Charge for each additional collection/week $17.32 $17.93 $18.56 $19.21 $19.88 1.5 Yard once/week $21.65 $z2.4i $23.19 $24.00 $24.84 Charge for each additional. collection/week $21.65 $22.41 $23.19 $24.00 $24.84 2 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21..65 $22.41 $23.19 $24.00 $24.84 3 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21..65 $22.41. $23.19 $24.00 $24.84 4 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21..65 $22.41 $23.19 $24.00 $24.84 5 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21.65 $22.41 $23.19 $24.00 $24.84 6 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21..65 $22.41 $23.19 $24.00 $24.84 8 Yard once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21.65 $22.41 $23.19 $24.00 $24.84 20 Yard once/week $90.00 $94.00 $97.00 $100.00 $104.00 Charge for each. additional n , •,.~ i..,,,,,i, voitec~Iviti wc,c~ Q n n •v9v.vv~ ~ nn $9v.vv e_ .97.00 i n nn i v~i.vv n n 10-r.vv~ 2 Yard {compacted) once/week $21.65 $22.41 $23.19 $24.00 $24.84 Charge for each additional collection/week $21.65 $22.41 $23.19 $24.00 $24.84 Recycling Charge/ Livia Quarter unit $1.55 $1.60 $1.66 $1,72 $1.78 52 ATTACHMENT D The fuel charge adjustment will be based on the national on-highway rolling average price of diesel fuel for the prior month as published by the United State government and available on the Internet at: httpatonto.eia.doe.~ov/oo~/info/ d~u/aasdiesel.asp There will. be no fuel surcharge if the price of diesel remains at or below the baseline rate of $3.00 a gallon. If the price of a gallon of diesel were to increase above the baseline rate of $3.00/gallon based on the above listed index, then for every ten-cent ($0.10) increase over the $3.00 baseline rate, there would be the following fuel surcharge: • Single-Family MSW - $0.031per unit • Single-Family Recycle - $0.02/per unit • Single-Family Yard Waste - $0.01/per unit • Multi-Family MSW - $0.02/per unit • Multi-Family Recycle - $O.OUunit Fuel Surchar eg Chart Price per gallon SF MSW SF Recycle Yard Waste MF MSW MF Recycle $3.00 - $3.10 $0.00/unit $0.00/unit $0.00/unit $0.00/unit $0.00/unit $3.11 - $3.20 $0.03/unit $0.02/unit $0.01/unit $0.02/unit $0.01./unit $3.21 - $3.30 $0.06/unit $0.04/unit $0.02/unit $0.04/unit $0.02/unit $3.31 - $3.40 $0.09/unit $0.06/unit $0.03/unit $0.06/unit $0.03iunit $3.41 - $3.50 $0.12/unit $0.08/unit $0.04/unit $0.08/unit $0.04/unit $3.51 - $3.60 $0.15/unit $0.10/unit $0.05/unit $0.10/unit $0.05/unit $3.61. - $3.70 $0.18/unit $0.12/unit $0.06/unit $0.12/unit $0.06/unit $3.71 - $3.80 $0.21 /unit $0.14/unit $0.07/unit $0.14/unit $0.07/unit $3.81 - $3.90 $0.24/unit $0.16/unit $0.08/unit $0.16/unit $0.08/unit $3.91 - $4.00 $0.27/unit $0.18/unit $0.09/unit $0.18/unit $0.09/unit The pattern of fuel charge adjustment per unit relative to average fuel price escalation will continue as the price of fuel escalates beyond that which is reflected above. 53 CITY COUNCIL LETTER Meeting of November 9, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPRavAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: November 2, 2009 DATE: Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for November 9, 2009. COUNCIL ACTION: 54 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10073 Tasks Unlimited Lodges Property Address: 1479 LINCOLN TER NE 10083 Professional Property Mgmt LLC Property Address: 4000 WASHINGTON ST 10186 Lundgren Properties LLC Property Address: 4715 CHATHAM RD NE 10228 Cel Mouton, LLC Property Address: 4749 5TH ST NE 10232 RP Management Attn: Dave Property Address: 4439 2 1/2 ST NE 20173 Applegate Management Company Property Address: 4644 WASHINGTON ST 20286 Witt & Sons Inc. Property Address: 561 51 ST AVE NE - 563 NE 51ST AVE 30030 Michigan Rentals, LLC Property Address: 647 37TH AVE 30500 Anoka County Community Action Program Property Address: 3932 CENTRAL AVE NE 12009 Sarfaraz Ahmed Property Address: 1274 CIRCLE TERRACE BLVD NE - 1272 NE CIRCLE TERRACE BLVD 10182-RY Dimeji Alamutu Property Address: 3806 GAUVITTE ST NE 20141 Laura Alarcon Property Address: 4555 WASHINGTON ST 30015-NC Eric Anderson Property Address: 3947 TYLER ST 10222 Russell Bednarski Property Address: ggg 41 ST AVE NE 10303 Timothy Bianchi Property Address: 1225 POLK PL 11 /02/2009 12:32 55 Page ~ List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 20166 Philip Black Property Address: 4247 2ND ST NE - 4249 NE 2ND ST 10210 Rick Brickner Property Address: 4453 7TH ST NE 10207 Thanh Bui Property Address: 657 47TH AVE NE 20128 Daniel Busse Property Address: 621 51 ST AVE NE 20069 CMACS LLP Property Address: 4157 QUINCY ST - Up/Down 20240 Chris Cornelius Property Address: 1407 CIRCLE TERRACE BLVD NE - 1409 NE CIRCLE TERRACE BLVD 10133 Kenneth Dorko Property Address: 4003 MAIN ST NE 12190 Alma Field Property Address: 3948 3RD ST NE - 3952 3RD ST 10219 Isidro Garcia-Suarez Property Address: 1468 LINCOLN TER NE 10025-RY Gudina Hambissa Property Address: 548 LOMIANKI LN 20056 Colin Hirdrnan Property Address: 1207 CIRCLE TERRACE BLVD - 1209 NE CIRCLE TERRACE BLVD 10166 David Jones Property Address: 4111 5TH ST NE 10229 Casey & Lauren Kaplan Property Address: 3812 HAYES ST NE 20052 Dwight Larson Property Address: 660 47 1/2 AVE NE - 662 NE 47-1/2 AVE 10310 Hau Le Property Address: 4118 7TH ST NE 11 /02/2009 12:32 56 Page 2 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10115 Sylvester Luellen Property Address: 4321 5TH ST NE 20060 John Majewski Property Address: 4995 TYLER ST NE - 4997 Tyler Street NE 10205 Dave Nelson Property Address: 4122 MADISON ST 10094 Natalie Nett Property Address: 4125 QUINCY ST 10221 Carl Osborne Property Address: 4712 6TH ST NE 12043-NC Sandra Powell Property Address: 4456 WASHINGTON ST - Up/Down 20050 Bab Rowe Property Address: 4657 5TH ST NE - 4659 5TH ST NE 34001 Maumer Sekizovic Property Address: 4635 UNIVERSITY AVE 10165 Walter Sentyrz, Jr. Property Address: 4632 6TH ST NE 10182-RY Ted Slather Property Address: 3806 GAUVITTE ST NE 12018 Stephanie Small Property Address: 1091 POLK CIR NE - 1093 POLK CIR NE 10093 Leland Stauch Property Address: 4311 ROYCE ST 20107 Joeeph Tohey Property Address: 4125 2ND ST NE - 4127 NE 2ND ST 20196 Joseph Tohey Property Address: 4532 FILLMORE ST NE - 4534 FILLMORE ST NE 20252 Robert Trewartha Property Address: 3915 VAN BUREN ST 11 /02/2009 12:32 57 Page 3 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10218 Thomas Wasik Property Address: ggg 41 ST AVE NE 10170 Steven Wickstrom Property Address: 4336 6TH ST NE 20002 Craia Wilson Property Address: 1161 CHEERY LN NE -1163 Cheery Lane 10244 Daniel Yesnes Property Address: 3923 MAIN ST NE 11 /02/2009 12:32 ss Pa9e 4 CITY COUNCIL LETTER Meeting of: November 9, 2009 AGENDA SECTION: ORIGINATING DEPT,; CITY MANAGER NO: License Department APPROVAL 11~~ ~.~ff ITElvl: LlCellse Age[ida B Y : SilehCy Flaflson DA 1 E: NO: DATE: November 4, 2009 BY: BACKGROUND/ANALYSIS Attached is the business license agenda far the November 9, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009-2010 and Business Licenses for 2010. Also included on the agenda is the renewal of the Currency Exchange License for Kwik Cash operating at 4639 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53 A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Dept and they see no reason to deny the renewal of the license. 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. ~%CvIvIIviUNDIJD I~GTi IGN: Move to approve the items as listed on the business license agenda for November 9, 2009 as presented. COUNCIL ACTION: TO CITY COUNCIL November 9, 2009 59 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009-2010 BLDG *Four Seasons Air Specialists 4457 White Bear Pkwy, Wht Bear Lk $60 *TMS Construction Inc 5990 Meadow Lark Ln, Prior Lk $60 *Cornerstone Mechanical 11315 Florida Ave N, Champlin $60 *Prestige Plumbing PO Box 171, Hanover $60 *Master Gas Fitters 2242 ,Tennifer l~n, No St Paul $60 *Treated Air Co. 9954 166th Crt, Becker $60 *Fendler Patterson Construction 4839 W 124th St, Savage $60 *Sun Ray Plumbing & Htg PO Box. 28127, St Paul $60 PEDDLER-2009 *Zachary Barthel-The Window Store 9909 S. Shore Rd, Plymouth $100/mo *Anton Soukhanov-"1'he Wind. Store 9909 S. Shore Rd, Plymouth $100/mo COURTESY BENCHES-2010 US Bench Corp 3300 Snelling Ave, Mpis $450 FUEL DISPENSING DEVICES-2010 *Columbia Heights Rental 3901 Central Ave, Col. Hts (1 LP} $ 50 *Speedway SA Gas 5000 Central Ave, Col. Hts. (10} $140 *Holiday Station Store 4259 Central Ave, Col. Hts. (14) $180 *Lowell's Auto 4457 University Ave, Col. Hts (6) $100 *University Auto Serv 5257 University Ave, Col. Hts. (4) $ 80 MOTOR VEHICLE RENTAL-2010 *Columbia Heights Rental 3901 University Ave, Col. Hts. $ 50 MOTOR VEHICLE SALES-2010 David's Auto Inc. 573 40t Ave NE, Coi. Hts. $300 MASSAGE LICENSE (Business & Individual)-2010 * JD Massage (Jocelyn Dukhorn) 4421 2"d St NE, Col. Hts. $500/$100 SECONDHAND DEALER LICENSE-2010 Apogee Retail/Unique Thrift 2201 37th Ave, Col. Hts. $100 TVI dba Savers 4849 Central Ave $100 GAMES OF SKILL-2010 *Theisen Vending (Laundry World) 4315 Central Ave $ 75 *American Amusements (Madys} 3919 Central Ave $ 75 SMOKE SHOP LICENSE-2010 *Mourado's Tobacco 2311 37t'' Ave, Col. Hts. $300 *Sarah's Tobacco 4329 Central Ave, Col. Hts $300 CIGARETTE/TOBACCO MISC. SALES-2010 *Sharif s Hot Market 501.1 University Ave, Cal. Hts. $300 60 *Holiday Station Stores 4259 Central Ave, Col. Hts *Speedway SA 5000 Central Ave, Col. Hts Top Valu Liquors (1 & 2) & Heights Liquors OFF SALE BEER-2010 *Speedway SA 5000 Central Ave, Col. Hts LIQUOR - 2010 *Buffalo Wild Wings 4811 Central Ave, Col. Hts. CURRENCY EXCHANGE LICENSE-2010 Cash Czechs dba Kwik Cash 4639 Central Ave, Col. Hts $300 $300 fees waived $150 $6,700 State Lic. 61 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: November 9.2009 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 132319 through 132494 in the amount of $ 1,752,574.16 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 62 mw ~~~~~* H C7 x~ ~ ~ oa ~ ~ H Q~. -K i~ W W ~ ~ ~,' ', ~ i~ Q ~k -K ~ U ~ ~ H ~ -k ~ O k -K a+ O~ -K is CJ~ y~ a ~o K i~ ~ ~ a p o ~ ~ U y+ U y ~ i ~ -x (sa Cn [l. -K -K H O poo ~ ~ C a,-i ~n d' ~ ~ ~ U y+ o ~n ~ ~ .C ~ HL7L7 ~ x Uv U ~ ~ ~r C ~ ~ ~ rn -~ o o ~ a ~ is ",Z N ~ -k H M ~ ~ x ~ ~ ~ H ~ H ~ ~ m w ~ ~~~~~~ H ~~~~~ ~~~~~~~~ a k a UUUUU s.,~,~.,N~~s-i~ a ,.~ u u u a ,~ u u .u u ,~ ~ u a~ # -K H U oooo U ~ z a`~ ~ * * O ~ -k / M U~ u ~ Z Z~ Z* O N U1 ~ ~ U cn ZS ~ o x ~ zzzz* ~ ~ ~ ~ o x v ~ r.~ FC ~ FC * N ~ N ~ ~ ~ N ,~-' * is 01 .U d' U ~ W WWW-x o Cw ~ ~ ~ m -~ ~ ~c H N ~ * aaaa~ ~ -~ a ,~', ~ ~ •x W O ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ C m •x ~ N -~ N ~ r'1 i~ -% ri N -~ H W d+ •x •x V W O pa o u~ri ~ ~ .. 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W Cu CzJ Cl, FC R, Pa P, ~ P, E-+ '.~ [ri O O~ 'Zi CxJ v] u] 7-~ C W7 0U c Ei ] iUC a~ EH- ~ x CH- ~ c xn H C H- I U m c~) u U[ 4 u 3 c wn a cEi ] a U rZ i w IZ i s H H N Ill O rl rl N 10 L~ LIl a\ ri N H N Lfl L~ O r-I N M d' 61 .-I O Ln ~ L(1 00~-I N d'10 L~ l~ hh D7O00 H H H riN OOOOOON hO~OJ HNNNNNMMMMMM d'd'd'd'd+cti 4+10 10 10 10 10 C~h W00 o] l HH z D ~ O i U i U I Q ~ x l z W •• ~ `.~ P, W i U ~ ~ ~ ~ v ~ a a ~ xx ~ x ~ z ~ ~ z ~ O l O H W W l W H rn CITY COUNCIL LETTER Meeting of November 9, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 2, 2009 DATE: NO: 09-181 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-181 - 4344 2"d Street far failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and. to waive the reading of Resolution Number 2009-181. being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-181 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license 1 fisted. COUNCIL ACTION: 71 RESOLUTION 2009-181 Resolution of the City Council far the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Frederick Sila (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4344 2°d Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1 V, 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 14, 2009 of an public hearing to be held on November 9, 2009. 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 April 7, 2009 inspectors for the City of Columbia Heights, inspected the properly described above and noted 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 May 11, June 16, and October 28, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on October 29, 2009 inspectors for the City of Columbia Heights checked records for this property and noted that the 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. 4. That based upon said records of the Enforcement Office, the following conditions ar~rl yinlatinnc nftrP C'ity'g Property >`4a:ntnenance Code `..'ere found to eX]st, t^.=w;t: a. S11a11 pass Building Department inspection to receive rental license. Items on Building Department's inspection list remain uncorrected. 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 lii 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 F9560 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. 72 3. All tenants shall remove themselves from the premises within 45 days from. the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 73 CITY COUNCIL LETTER Meeting of November 9, 2009 AGENDA S_F,CTION: Public ORICTINATING i~EPARTME.NT; ('ITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Garman 13Y: Abatement DATE: November 2, 2009 DATE: NO: 09-182 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2009-182 - 3930 University Avenue for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-182 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-182 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 74 RESOLUTION 2009-182 Resolution of the City Council for the City ofColumbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Gregory Stu11 (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, pttrsttant to Cnluinhia I-IP1ghtc ~nrle~ C~11aptar R /lrtiele TT SPCtlon 8.206, :vrltten notice setting forth the causes and reasons far the proposed council action. contained herein was sent via regular mail to the owner of record on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT l . That on October 26, 2009 the Fire Department inspectors were doing routine inspections and noted that the structure was unsecure. The Fire Chief ordered an immediate abatment and that the building secured. The Fire Chief ordered DuAll Services to repsonde to the scene and secured. the building with plywood. 2. That on October 26, 2009 the Fire Department sent statemen of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 3. That based upon said. records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 3930 University Avenue N.E. 4. 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 75 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. Passed this day of 2009 Offered bv: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 76 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 9, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1573, Zoning BY: Jeff Sargent, City Planner BY: Amendment to rezone 3701 Reservoir Blvd.. DATE: November 4, 2009 from GB to R-2A. BACKGROUND: At this time, Fadia Salem is requesting a zoning amendment to rezone the property at 3701-OS Reservoir Boulevard fram GB, General Business, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence on the second floor and a mortgage business on the first floor. The GB, General Business zoning classification does not permit single- family dwelling units as a permitted use. For this reason, the property was considered legally nonconforming when it was being used as asingle-family house. Minnesota State Statutes state that ali nonconformities may continue their existence until the nonconformity or occupancy is discontinued for a period of more than one year. The subject property has been vacant for more than one year and the perspective buyers would like to purchase the house in order to reside in it and have no plans on continuing the business aspect of the property. The current structure is set up for residential use. If the property were not rezoned to a residential district, extensive remodeling of the inside of the structure would need to occur in order to convert the structure completely to a commercial use. Given the location of this property in proximity to other residentially zoned parcels, it makes sense from a planning aspect to rezone this parcel to residential RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1.573, there being ample copies available to the public. Move to set the second reading of Ordinance No. 1573, for Monday November 23, 2009, at approximately 7:00 p.ln. in the City Council Chambers. Attachments: Dra t Ordinance 1573 1'" Readin Format , P+Z Re ort COUNCIL ACTION 77 ORDINANCE 1573 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 3701-OS RESERVOIR BOULEVARD NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, tlYe historic use of the property has been single-family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate. WHEREAS, rezoning the subject parcel from GB, General Business to R-2A, One and Two Family Residential provides the re-occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, aid is in the public interest and not solely far the benefrt of a single property owner; and WIIEREAS, the proposed zoning classification of the property is compatible wit11 the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. rs_ _ ru~i Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, City Clerk 78 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-1101 DATE: November 3, 2009 TO: Columbia Heights Planning Commission APPLICANT: Fadia Salem LOCATION: 3701-05 Reservoir Boulevard REQUEST: Rezoning of property from GB to R-2A PREPARED BY: Jeff Sargent, City Planner BACKGROUND At this time, the applicant is in the process of purchasing the property at 3701-05 Reservoir Boulevard. Currently, the property is zoned GB, General Business. The previous use of the property was both single-family residential and commercial. The business was on the first floor and the residential component was on the second floor. The perspective buyers would like to use the structure as asingle-family house only and do not have any plans on retaining the business. While the single-family aspect of the building was in use, it was considered legally nonconforming because the Zoning Code does not allow for single-family uses in the GB District. Because the property has been vacant for longer than one year; the single-family component may not be used unless the property is rezoned to accommodate it. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to allow for asingle-family use would be consistent with the guidance of the Comprehensive Plan. ZONING ORDINANCE The subject property is currently zoned GB, General Business, as is the property to the north along Central Avenue. The properties to the north along Reservoir Blvd. are zoned R-3, Multiple Family Residential and the properties to the east are zoned R-2A, One and Two Family Residential. The proposed zoning classification for the subject property is also R-2A, which would be consistent with the zoning classification in the area. Rezoning the City of Columbia Heights Planning Commission November 3, 2009 Fadia Salem, 3701 Reservoir Blvd. Case # 2009-1101 property would also be consistent with the historic use of the property as asingle-family house. The structure in question is functionally asingle-family house. If the property were to remain commercial, extensive remodeling of the building would need to occur to accommodate any type of business that would move in. The prospective buyer would like to buy the house and use it as a residence without pursuing the business portion. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to allow for asingle-family use would be consistent with the guidance of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely far the benefit of a single property owner. Although the proposed rezoning of the property at 3701 Reservoir Blvd. is via request from a single property owner, the benefit of the property being rezoned is to the public. Without the rezoning, the house would sit vacant indefinitely, or until a prospective developer would purchase the land for redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to continue. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. A portion of the previous use of the property was asingle-family house. The proposed zoning classification is consistent with the zoning classification in the general area, and the proposed use of the property is consistent with the historic use of the property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The property was zoned GB, General Business, to stay consistent with the zoning classifications of properties that front Central Avenue. Although this property Page 2 80 City of Columbia Heights Planning Commission November 3, 2009 Fadia Salem, 3701 Reservoir Blvd. Case # 2009-1101 technically fronts on Centra! Avenue, it's located on the corner of a five-way intersection and is pushed back a considerable distance from Central Avenue. With this said, the use of the property is more conducive to a residential setting than a commercial one. RECOMMENDAT{ON Motion: That the Planning Commission recommend that the City Council approve the rezoning of the property located at 3701-05 Reservoir Boulevard from GB, General Business to R-2A, One and Two Family Residential. Attachments • Location Map • Zoning Map • Draft Rezaning Ordinance Page 3 81 3701 RESERVOIR BLVD 3942 3943 3938 3939 3932 3934 3935 3930 3931 3928 3922 3923 3924 3918 3918 3914 3915 3912 3911 3910 [MIN 3906 ~ 3900 cah' o°~ 3900 1 ~o~u 3818 5 ~Q~~ p9 I 3853 3854 3849 3847 3841 3844 3839 3835 3829 3825 3828 3823 3819 3815 3807 3801 3800 3729 3725 3721 3722 3717 3718 3713 3710 3711 3706 3705 3701 3700 LL Z ~ a ~ M ~ X055 3939 3840 W ° 0 0 0 ~ o ,~~ ~ ~9'a o ~o "~9 o r,2 3919 I o`~o~, 3901 ~~ 3900~9o?mss 39TH 3859 1100 3853 940 950 3850 r''8j S 3851 ~8~2 J~ ~~69 3847 3827 ~,8 38¢0 ~~ X06' ooS 3841 ~'p ~~, u' u' 3837 ~ 38'8 u'8~ `ss o0 008 d'.~p ~d, s ~o "~O 3825 `387 v'p `~9 0 `s~oc,`~6' ~ 8~ ? 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Z 88 ~ 360E 3806 3361 L!J '~ 7S 3800 3801 3800 I ~ d 89 3 3731 ' 3728 _3729 J ~~ 3 80S 3 >"'O 372s' a72s Q O ~ >Q7 >~s a> 372J 3722 3721 ~ ~~ 3~~~ `78 d 3719 '~ 3715 ~,. 3717 Z ~ G'/~~ Jj Jp d> 3 14 3713 W ' \ 2> ~,'~ ~~ 370 ~ 37"1 '~, U ~1,. T ~ <C/~ 8>7~' vi .r n 3701 I 3700 ~ x'_3701 .7>07 2~ 961 ~~ 3701 ~~ 3702 83 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meetin of: t l/09/09 AGENDA SECTION: Other Ordinances ORIGINATING DEPARTMENT: CITY MANAGER'S and Resolutions Public Works APPROVAL NO: ITEM: Resolution 2009-183 approving the BY: Kevin Hansen, DPW/CE BY: Final Design of Gateway Pedestrian Bridge DATE: 1.0/29/09 DATE: and Authorization to Seek Bids. NO: At the work session of August 31St, 2009, the final design consultant of SRF reviewed the Gateway Pedestrian Bridge plans focusing on concept rendering and selection of architectural treatments of the bridge. Additionally, a bridge lighting plan had been prepared and illustrated to the Council. Final Plan documents (plans and specifications) were submitted to MnDOT this week for review to meet the ARRA submittal deadlines. Concurrent with their review, final plans are presented for review before the council and include: Bridge aesthetic treatments including: stone treatment of the bridge columns and switchback columns. The helix is supported by narrower columns and is provided with a color and vertical recess treatments (drawing attached). An updated lighting plan for the bridge and both ramp approaches (drawing attached). Railing details providing color matched (deep burgundy) to the bridge span trusses (drawing attached). The statuses of the overall development submittals are as follows: ^ Environmental: approved. ^ Right-of--Way: Order signed by Anoka County judge October 29t" for quick take of Saver's parcel. ^ Final Plans and Specification. submittal: submitted to MrrDOT October 28t", 2009. Waiting final comments far revisions and plan signatures. One of the last requirements of the ARRA program under MnDOT is that projects are let prior to the end of this year. This will. require a resolution approving final plans and authorizing staff to seek bids for the project, with an award. date prior to December 31St of 2009. Staff has been in contact with MnDOT representatives on the bidding climate and they are still seeing bids come it at 10-30% lower than expected. Recommended Motion: Move to waive the reading of Resolution No. 2009-1.83, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-183 approving Plans and Specifications and ordering Advertisement for Bids for the Gateway Pedestrian Bridge, City Project Number 0906. Attachment: Resolution 2009-183 COUNCIL ACTION: 84 RESOLUTION 2009-183 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR GATEWAY PEDESTRIAN BRIDGE, CITY PROJECT 0906 WHEREAS, The Consulting Firm of SRF Consulting Group, Inc and the City Engineer have prepared Final Plans and Specifications for reconstruction of a pedestrian bridge over Central Avenue (State Trunk Highway 65) at 49th Avenue (CSAH 4); NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified. as the Gateway Pedestrian Bridge, City Project Number 0906 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until ] 0:00 a.m. on Thursday, December 17th, 2009 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council at a special meeting in December in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Dated this 9th day of November 2009. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 85 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: 1 1 /09/09 AGENDA SECTION: Other Ordinances ORIGINATING DEPARTMENT: CITY MANAGER'S and Resolutions Public Works APPROVAL NO: ITEM: Resolution 2009-180 approving a BY: Kevin Hansen, DPW/CE BY: Limited Use Permit for Gateway Pedestrian DATE: 11/04/09 DATE: Bridge. NO: Final Plan documents (plans and specifications) were submitted to MnDOT the week of October 26`" for routing and departmental review to meet the ARRA submittal deadlines. Multiple departments at MnDOT conduct plan review, including Right-of--Way (ROW). In the process of reviewing ROW associated with the bridge, MnDOT indicated a Limited Use Permit (LUP) would be necessary. A LUP is common where improvements by other public or private entities are made on MnDOT lands and preserve certain rights of the landowner - in this case the State of Minnesota. An LUP for the pedestrian bridge will address the following: ^ Use of the Trunk Highway ROW. ^ MnDOT must approve all construction plans. ^ Construction and supervision cost participation. ^ Use of the ROW other than the defined improvement (no commercial use allowed) ^ Maintenance responsibilities such as snow removal, lighting and aesthetic improvements. ^ Protection of utilities during construction (gas, electric, phone, etc). ^ Restoration requirements of the Trunk Highway ROW. ^ The permit may not be assigned. ^ Regulated materials not allowed for any use associated with the improvement. ^ Indemnification of the State during construction. Requirements of the ARRA program under MnDOT require plan review and approval, including all necessary permitting. MnDOT will write the specific LUP for signatures prior to construction. Recommended Motion: Move to waive the reading of Resolution No. 2009-180, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-180 approving a limited use permit for the Gateway Pedestrian Bridge, City Project Number 0906. Attachment: Resolution 2009-180 COUNCIL ACTION: 86 RESOLUTION NO. 2009-180 CITY OF COLUMBIA HEIGHTS LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN BRIDGE IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 65 (CENTRAL AVENUE) AT COUNTY STATE AID HIGHWAY 4 (49T}~ AVENUE} WHEREAS, the City of Columbia Heights is a political subdivision, organized and existing under the laws of the State of Minnesota, and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, has approved a plan to construct a pedestrian bridge in the right-of--way of Trunk Highway 65 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian bridge, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that this Council hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation far the following purpose: Section 1. To construct, operate and maintain a pedestrian bridge within the right-of--way of Trunk Highway b5 (TH 65) of the State of Minnesota south of CSAH 4. The City of Columbia Heights shall construct, operate and maintain said bridge in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Pet~rnit. Passed this 9th day of November. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk s~ COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 9, 2009 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Appointment to Boards and BY: Walt Fehst BY: Commissions DATE: November 3, 2009 DATE: NO: Background: On August 10, 2009 and August 31, 2009 the City Council interviewed candidates interested in appointments to City Boards and Commissions. Current City of Columbia Heights Board and Commission Vacancies Charter Commission 4 (appointment by District Judge) Library Board. 1 Recreation Commission 1 Telecommunications Com. 1 Traffic Commission 1 Recommended Motion: Move to appoint Justin Grossing to the Recreation Commission for the vacant term to expire April 2013, Dennis Stroik to the Telecommunications Commission for the vacant term to expire Apri12011, Charles Tyler to the Traffic Commission for the vacant tcr°r; to expire April 2011, and Barbara Tantanella to the Library Board for the vacant term to expire April 20].2. COUNCIL ACTION: ss