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Home My WebLink AboutNovember 23, 2009 RegularCITY OF Co~UMBIA HEIGHTS 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Visit ourwebsite at: www.ca.colecrrtbia-heights.mn.us Mayor Garv L. Peterson Couneilmembers Robert A. Williams Brace Naivroeki Tanamera Dielm~ Bruce Kel_enberg Citv Manager 6Valter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Mnnrlav; Nnyemher ~3; 2f109 in the City Council Chambers, City Hall; 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Dan Thompson, Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Charter Commission recognition Joseph A. Sturdevant Traffic Commission recognition Joseph S. Sturdevant 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 meeting ps MOTION: Move to approve the minutes of the November 9, 2009 City Council meeting. B. Accept minutes of+he Columbia Heights Beards and Commissions pia MOTION: Move to accept the September 23, 2009 minutes of the Park and Recreation Commission. C. Adopt Resolution 2009-191 bein:; a Resolution canceling the Monday December 28, 2009 City of Columbia Heights regular City Council meeting. pi7 MOTION: Move to waive the reading of Resolution No. 2009-191, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-191, being a Resolution canceling the Monday, December 28, 2009 City of Columbia Heights regular City Council meeting. City Council Agenda Monday, November 23, 2009 Page 2 of 4 D. Approve Gambling Permit, Society for Creative Anachronism, Inc. to be held at Central Middle School, January 9, 2010 p19 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for the Society for Creative Anachronism, Inc. for a raffle to be held at an event at Central Middle School, 900 49th Avenue NE, Hilltop, Minnesota on January 9, 2010; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Transfer of Funds for Safe and Sober from General Fund to Police Dept. Budget Overtime Line #1020 pz5 MOTION: Move to transfer $1,994.99, the amount of money received from Coon Rapids as reimbursement for overtime worked from our participation on the Safe and Sober program, from the General Fund to the Police Department 2009 Budget line 1020, Overtime. F. Adopt Resolution 2009-188, being a Resolution establishing Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral p28 MOTION: Move to waive the reading of Resolution No. 2009-188, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-188, being a resolution retaining the maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral, G. Adopt Resolution 2009-184, being a Resolution ordern~preparation of a report for the Zone 5 Street Rehabilitation Program, City Project No. 1002. p3o MOTION: Move to waive the reading of Resolution No. 2009-184, there being ample copies available for the public. MOTiOi~: Ivlove io adopt Resolution 2009-i84, being a Resolution ordcririg pi-eparatioii of a report for the Zone 5 Street Rehabilitation Program, City Project No. ] 002. H. AdoRt Resolution 2009-185 being a Resolution ordering_preparation of a report for the Zone 4 Street Seal Coat Program, Cit~Project No. 1.001 pia MOTION: Move to waive the reading of Resolution 2009-185, there being ample copies available for the public. MOTION: Move to adopt Resolution 2009-185, being a Resolution ordering preparation. of a report for the Zone 4 Street Seal Coat Program, City Project No. 1001. I. Emergence Repair of a Trunk Storm Sewer line at the 45th Avenue Mississippi River Outfall pas MOTION: Move to authorize funding from the Storm Water Utility Fund for the Emergency Repair of the 84-inch Trunk Storm Sewer Line located near 45th Avenue at the Mississippi River for the City of Columbia Heights share of the total project cost and authorize the Mayor and City Manager to execute the MOU with the City of Fridley. J. Admit Resolution 2009-186 being a Resolution approving acquisition of 4303 Reservoir Blvd. psi MOTION: Move to waive the reading of Resolution 2009-186, there being ample copies available to the public. City Council Agenda Monday, November 23, 2009 Page 3 of 4 MOTION: Move to adopt Resolution 2009-186, approving the acquisition of property located at 4303 Reservoir Blvd; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same, K. Adopt Resolution 2009-192, being a Resolution approving acquisition of 4135 Jefferson Street p6o MOTION: Move to waive the reading of Resolution 2009-1.92, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-192, approving the acquisition of property located at 4135 Jefferson Street NE; furthermore to authorize the Mayor and. City Manager to enter into an agreement for the same. L. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. p63 MOTION: Move to approve the items listed for rental housing license applications for November 23, 2009. M. Approve Business License Applications p6s MOTION: Move to approve the items as listed on the business license agenda for November 23, 2009 as presented. N. Approve payment of the bills p68 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132495 through Check Number 132661 in the amount of $1,052,510.16. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2009-187, 4648 Polk Street N.E. beinP a Resolution approv_in~ rental license revocation for failure to meet the requirements of the Property Maintenance Codes. p~6 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-187 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-187 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. Ado~nt Resolution 2009-189 5000 Johnson Street N.E. being a declaration of nuisance a_nd abatement of violations within the City of Columbia Heights• p79 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-189 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-189 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. 2nd Reading_ Approve Ordinance 1573, being an Ordinance to rezone 3701 Reservoir Blvd. from GB to R-2A. pez MOTION: Move to waive the reading of Ordinance No. 1573, there being ample copies City Council Agenda Monday, November 23, 2009 Page 4 of 4 available to the public MOTION: Move to adopt Ordinance No. 1573 approving the rezoning of the property located at 3701 Reservoir Boulevard from GB, General Business to R-2A, One and Two Family Residential. 7. ITEMS FOR CONSIDERATION Ae Other Ordinances and Resolutions B. Bid Considerations C. Other Business 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 } f Walter R. Fehst, City Manager W F/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 9, 2009 The following are the minutes for the regular meeting of the City Council 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. Resolutions may be found at tlae end of dais document. CALL TO ORDERlROLL CALL/INVOCATION Chaplain Bob Lyndes, Crest View Communities, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGLANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed tabled Resolution 2009-173, in that the property has been brought into compliance. Peterson. also removed Resolution 2009-181, far 4344 2°d Street in that the property has been brought into compliance. Nawrocki requested. to add. discussion of items under Other Business, and under the Manager's Report an update on the public safety building and the sump pump program. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Donation by Jeffs Bobby and Steve's Auto World for Huset playground Jeff Bahe, Steve Williams, Jared Scheeler, Carolyn Green, and Heidi Yagerliner were in attendance, representing the Bobby and Steve's Auto World Youth Foundation, to present a donation of $38,000 toward the Huset playground equipment. Bahe stated that the funds were raised primarily through their charity golf tournament. Green spoke on the Youth Foundation causes they have helped. This is the Foundation's largest donation to date, and was supported by businesses such as Holy Land Foods, Buffalo Wild Wings, Sarna's Grill, MN Petroleum, Porta Del Sol, Taste Pizza, We're Smoking Naw, and other local businesses. Nawrocki. questioned the promise of a donation for Ramsdell Park.. Bahe stated the Foundation's next project is Castle Heights Park, which is part of our schools, and then on to a project for the City of Bloomington. Bahe stated the Foundation holds a charity ice fishing contest and invited everyone to attend. Peterson stated his appreciation for the significant donation and the Foundation's effort in raising these funds. CONSENT AGENDA Nawrocki requested to remove items C, E and F. City Manager Walt Fehst took Council. members through the Consent Agenda items: A. Approve minutes of the City Council meeting Motion to approve the minutes of the October 26, 2009 City Council meeting B. Acct minutes of the Columbia Heights Boards and Commissions Motion to accept the July 28, 2009 minutes of the HRA. Motion to accept the October 15, 2009 minutes of the Charter Commission. Motion to accept the November 3, 2009 minutes of the Planning and Zoning Commission. Motion to accept the October 7, 2009 minutes of the Library Board. City Council Minutes Monday, November 09, 2009 Page 2 of 8 C. Establish a budget review work session date of November 30, 2009. -removed D. Approve Transfer of Funds from General Fund to Police Dept. Budget re JAG 1 Grant Overtime Reimbursement Motion 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 September 30, 2009) from the General Fund to the Police Department 2009 Budget line 1020, Overtime. E. HVAC Preventive Maintenance Services for City Facilities -removed F. Refuse and Recycling~: Contract award -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 November 9, 2009. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 9, 2009 as presented. Nawrocki referred to 3901 University should be 3901 Central, for the auto license. I. Approve payment of the bills Motion to approve the payment of bills out of the proper funds as Listed in the attached register covering Check Number 1.32319 through Check Number 132494 in the amount of $1,752,574.16. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception of items C, E, and F. Upon vote: All ayes. Motion carried. C. Establish a budget review work session date of November 30, 2009. Nawrocki indicated that with the 13.6 percent increase in city property taxes and the use of $600,000 in reserve funds, discussion is important. He stated concerned with using that amount of reserve funds. Nawrocki asked that the City Manager submit information on how to reduce the budget to a six percent increase, even though he made this motion and it did not pass, he would like to know how we could do this if we wanted to. He again recommended bidding out long standing contracts such as legal services. Recently Eden Prairie took bids on legal services and obtained a 25 percent reduction in their civil contract, from $240,000 reduced to $180,000. We could save money on criminal work, because in most situations the firms use less expensive personnel. Peterson indicated that the work session will be held at 825 4152 Avenue NE, the new Public Safety building. Motion by Kelzenberg, second by Diehm, 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. Upon vote: All ayes. Motion carried. E. HVAC Preventive Maintenance Services for City Facilities City Council Minutes Monday, November 09, 2009 Page 3 of 8 Nawrocki indicated that Council did not see these RFP specifications. Hansen stated the contract covers all city buildings except Murzyn Hall and the new Public Safety building. The Public Safety building is still under warranty and Murzyn Hall is covered by Honeywell. This is for preventive maintenance and not equipment replacement. We are trying to save money and establish a fund for equipment replacement when needed. Nawrocki asked what equipment Honeywell replaced. Hansen stated that nothing major was replaced and this contract will be less than half of the Honeywell contract, not including Murzyn Hall. Nawrocki referred. to the replacement need. of a cooling unit on the Library roof. Hansen stated that the past contract would have only replaced parts on the current unit. Fehst stated they did. not replace normal wear items. Hansen stated that a replacement cooling unit for the Library should be approximately $3,000 to $5,000. Motion by Kelzenberg, second by Williams, 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. Upon vote: All ayes. Motion carried. F, Refuse and Recyclin~: Contract award Nawrocki questioned when rate changes will be discussed. Hansen stated this will be reviewed internally and brought before the City Council the first quarter of 2010. Nawrocki indicated that we will change contractors. There will be a medium size bin for recycling, with pick up every second week. Nawrocki questioned page three of the contract regarding the limit of weight per cart, charging extra for heavy items such as stone and carpeting. Hansen stated the wording is similar to our current contract, limiting what is disposed. of at the curb, which is essentially three times the amount of the container at no additional charge. Additional and excessive amounts will be charged back to individual property owners. We did not have an issue with Allied Waste on this. Hansen stated there was a public bid process, with Veolia submitting the low bid, replacing the current contactor at the end of the year. The name on the container will change but pickup days will remain the same. We will change to single sort recycling, with 65 gallon containers and pickup every other week. We hope to encourage more recycling in the community and waste reduction. The pick up point for recycling will now be with the regular waste, in the alleys. Information will be in the city newsletter, the web site, and mailings to all property owners providing contact information. Motion by Nawrocki, second by Williams, to approve the contract for Refuse, Recycling, Yard Waste. and White Goods Services with Veolia Environmental Solid Waste Services fora 5-vear contract term. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2009-181, 4344 2nd Street N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -removed B. Adopt Resolution 2009-182. 3930 University Ave»ue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Deb Johnson, 4626 Pierce Street, stated they drove by this house; it is very bad and should. be demolished. Fehst stated this is commercial property with sever pollution on the site. The new owners are applying for clean up grant money. City Council Minutes Monday, November 09, 2009 Page 4 of 8 Miscellaneous -Hazel Erickson, 999 =lI S` Avenue NE, stated disappointment with the playgrozmd being installed across from her condo. Residents were not made aware of this and are afraid the noise may make it difficztlt to sell her condo. She stated they woatld like to be better informed, and do not receive the Sun Focus, but do not wish to receive it. Discussion back to 3930 Universit~~ Avenue -Nawrocki stated this is the most atrocious building in town. The only appropriate abatement would be to tear it down and we should have the owner do so. Fehst stated this was a nuisance abatement to board up the building. Jim Hoeft, City Attorney, stated the contamination clean up would exhaust our abatement fund and if the property goes tax forfeit we would not recoup our costs. Fehst stated that we have attempted to work with them to obtain grant money for contamination removal. Motion by Kelzenberg, second by Diehm, to close the public hearing and waive the reading of Resolution Number 2009-182, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, 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. Upon vote: All ayes. Motion carried. C. First Reading: Ordinance 1573 Zoning Aanendment to rezone 3701. Reservoir Blvd. from GB to R-2A. Jeff Sargent, City Planner, stated the owner requests to rezone this property from General Business to Residential 2A, which allows for one or two family use. Originally, the first floor was commercial and the second floor was residential. The property was vacant for one year, so it no longer meets code. The proposed owner wants to utilize the property for residential use. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1573, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to set the second reading of Ordinance No. 1573 for Monday, November 23, 2009, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A, Other Ordinances and Resolutions 1. Adopt Resolution 2009-183 being_a Resolution approvingplans and specifications and ordering advertisement for bids for the Gateway Pedestrian Bride. Nansen stated this is the end of obtaining MnDOT project approval. Hansen described the type of bridge and design components. We will submit all information to MnDOT by November 15t" They look to have this project bid prior to the end of the year. Steps could not be incorporated into the current plan, due to easements and 1lighway setbacks. tt would make sense to continue working toward placing steps at the site. Nawrocki asked if the State will keep ownership of the bridge, along with maintenance and liability. Hansen stated yes. Nawrocki requested funding sources, commitments and anticipated local costs for the bridge, including the quick-take of the Savers property. City Council Minutes Monday, November 09, 2009 Page S of 8 Donna Schmitt, 4260 Tyler, stated she would like to see steps added, as during icy times stairs are easier than an incline. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2009-183, 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-i83 approving plans and specifications and ordering advertisement for bids for the Gateway Pedestrian Bridge, City Project Number 0906. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. 2. Adopt Resolution 2009-180, being a Resolution approving a Limited Use Permit with MnDOT for the Gateway Pedestrian Bridge. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2009-180, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-180 approving a Limited Use Permit for the Gateway Pedestrian Bridge, City Project Number 0906. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Bid Considerations -none C. Other Business l . Appoint members to the Recreation. Telecommunications, Traffic Commissions and Library Board.. Motion by Kelzenberg, second by Diehm, to appoint Justin Grossing to the Recreation Commission for the vacant term to expire Apri12013, Dennis Stroik to the Telecommunications Commission for t11e vacant term to expire April 2011., Charles Tyler to the T refire Commission for the vacant term to expire April 2011, and Barbara Tantanella to the Library Board for the vacant term to expire April 2012. Diehm indicated that we really had impressive candidates and we discussed increasing the size of some commissions to include some people that have not had the opportunity to be involved. She thanked everyone for taking the time to meet with the Council. We will keep these applications on file and as new vacancies come about, will ask for additional applications but continue to consider those that expressed interest. Peterson stated that everyone had a tough time with this process and decision. Motion to amend by Nawrocki, to replace Barbara Tantanella with Jo-Anne Student on the Library Board. Diehm stated that her support of the motion to appoint certain individuals should not be a reflection on any other applicant. Jo-Anne has done a great deal for our community and has been involved. in many boards and commissions. She stated her confidence that Jo-Anne will continue to be involved. Williams also stated that we had many applicants that were excellent and it was a very difficult decision, Mrs. Student was high on the list and is great lady that will continue to do good. things for the city. City Council Minutes Monday, November 09, 2009 Page 6 of 8 Motion died for lack of a second. Vote on original motion. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Public Safety building: Fehst stated the general conditions returned to the owner were $66,797 from 7-31-09, general conditions also returned as of 9-1 I-09 were $20,892, and returned as of iU-30-09 were $35,475, The current contingency is $52,573. Fehst listed. items left to complete. We are working on the punch list and setting classes on operations. Nawrocki asked if these numbers included items on the list of bills for tonight. Fehst stated. yes. Nawrocki questioned the results of the last area covered by the sump pump program, how many houses needed to be brought into compliance, and what was the total subsidy paid by the City. Hansen stated the program was started in 2004. 3,900 parcels have been inspected. 213 parcels were in violation of the ordinance, or five percent of the total. T11e $500 reimbursement covered 90 percent of the disconnections. We received $63,000 in reimbursements. Inspections are completed during late fall, winter, and early spring. The inspection takes 15 minutes and we work. a general area. Hansen stated the next area to be inspected is between 43`d and 45t" Avenues. Report of the City Attorney -nothing to report Nawrocki noted that the Council authorized the purchase of homes on 3`d and 6`h Streets, which came off of the tax roils, and will not be torn down until next year. He stated that he attended the Anoka County Elected Officials meeting where discussion was held on the Northstar Commuter rail, the Connect Anoka County project, acounty-wide broadband project, and the H1N1 program.. CITIZENS FORUM Dave Meyer, 4218 2"~ Street, stated his disappointment that the Public Safety statue dedication would be held on a week-day. The dedication should be postponed to a time when people can attend. Peterson stated that right or wrong, the decision was made and it is unfortunate that only some people have that day off. This was to tie in with appreciation for veterans that have saved our country's freedom. Our community came together and worked very hard, and we are proud that we were able to raise these funds. Nawrocki commended the Mayor for the time and effort he put into the statute. Peterson stated that the Holiday Kick-off party was moved up a week this year, and unfortunately there are several other events also planned for November 14. We will have Columbia Heights talent to entertain us. Peterson referred to the donation given earlier of $38,000, and the GameTime donation of $30,000 for the Huset playground equipment. This is fantastic and did not cost the taxpayers of Columbia Heights anything. Peterson commended Kevin Hansen on this accomplishment. ADJOURNMENT Mayor Peterson stated don't take ourselves too seriously. Don't forget our service men and women. Keep them in your thoughts and prayers, especially those of the Fort Hood slayings. Do a random act of kindness. Mayor Peterson adjourned the meeting at 8:22 p.m. ~o City Council Minutes Monday, November 09, 2009 Page 7 of 8 Patricia Muscovitz CMC City Clerk RESOLUTION 2009-182 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance yinlatipn~ rinrcnant to (-'ha tar R Article ii of ('itv C~nrle~ nftha rnnerty Awned by C;rc~anrv 4ti~11 (HPreinafter "owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 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 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 October 26, 2009 the Fire Department inspectors were doing routine inspections and noted that the structure was unsecure. The Fire Chief ordered an immediate abetment and that the building secured. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 26, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 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: 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 beenriven the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A}and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties anal parties in interest. 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 CotSSUiting Group, Inc and the City Et3gitieer 1}ave prepared Final Pians and Specifications for reconstruction of a pedestrian bridge over Central Avenue (State Trunk Highway 65) at 49`h Avenue (CSAH 4); NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA L 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 10:00 a.m. on Thursday, December 17`x', 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 11 City Council Minutes Monday, November 09, 2009 Page 8 of 8 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. RESOLUTION N0.2009-180 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 (49TH AVENUE) WT-IFREACz the fit„ of f nh~Fnhia Neiahtc is a nnlitinal cnhriiyi~inn, nrganizPrl ant) Pxi~ting under the lawt 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 for the following purpose: Section I . To construct, operate and maintain a pedestrian bridge within the right-of--way of Trunk Highway 65 (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 Permit. 12 City of Columbia Heights Park and Recreation Commission September 23, 2009 Eileen Evans called the meeting to order at 5:33 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Holum; Kevin McDonald; David Payne; Marsha Stroik; Gary Peterson, Mayor; Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director Also present: Carolie Carlson, Wilshire Park Parents Association APPROVAL CONSENT AGENDA Motion by Hoium, second by McDonald, to approve consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Request for anon-profit rental rate on Friday, March 19, 2010 Carolie Carlson, co-chair of the silent auction for the Wilshire Park Parents Association, discussed the details of the fundraiser. Carlson stated it would be an adult social networking evening with alcohol, food, dancing and a silent auction. The group looked at other venues and like the setup of Murzyn Hall and proximity to the school. Wilshire Park has open enrolled students that live in Columbia Heights and works with the C. H. Recreation Department for youth soccer program. The event is from 6:30 - 1.1:00 p.m. Evans asked what the staffing needs are for this time frame. Windschitl replied that staffing would be needed for the event and the turnaround the following day with cleaning and setting up for the Saturday rental. Holum asked if the Lion's Club would. be doing the bar service. Carlson responded that they would use them for the bar. Evans suggested charging for the cleanup on the following day. Windschitl stated that the Commission could offer charging a resident discount rate for the rate of the main hall. Hoium suggested offering the non-profit rate plus cleanup time. Windschitl indicated cleanup the following day could range from four to eight hours the next day and charge the group after the cleanup is complete. He stated if the group does majority of the cleanup the following day charges would be minimal at the $1 S per hour non-profit rate. Motion by Hoium, second by Greenhalgh, to charge the non-profit rate of $40 entry fee and $ I S per hour in the building plus the time needed for cleanup the following day. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. Gateway Pedestrian Bride Hansen discussed the progress on the gateway pedestrian bridge. Preliminary plans have been submitted, comments were received and final plan preparation is under way. Hansen presented possible design plans for the bridge. The plans indicated. size 13 Park & Recreation Commission 2 11 / 16/2009 comparisons to an average person and design elements of the bridge. He stated there is no center support under the bridge. Aesthetic lighting will be located on the bridge deck and approaches. Hansen pointed out that the approaches would need to be built up and look similar to a short retaining wall. The recommendation is to cast the stones in with concrete for a higher longevity. Stroik asked if the bus stop would be affected. Hansen replied that it would not be changed. Evans asked about the sidewalk. Hansen replied that the sidewalk would be pulled back away fram the curb line to go underneath the bridge. On the Walgreens side there is the opportunity to bring the sidewalk along an easement if Walgreens is accepting of it. Hansen indicated an alternate bid option for steps on both sides of the bridge as a shorter route for pedestrian than the 300-yard walkways. Payne asked if the bridge would be set back further on Central Avenue than the current bridge. Hansen replied that it would be about 50 feet further south. Hoiuin asked if there would be a cover over the walkway. Hansen indicated there would. not be. Windschitl asked about shoveling snow. Hansen replied that the design allows for staff to get equipment on the walkway. Greenhalgh asked about placing anything on the bridge with a Columbia Heights symbol or wording. Hansen replied that the subject is still being evaluated and what MnDOT will allow the City to do. Payne stated that he doesn't believe that people will use the bridge because he has witnessed so many people walk across the street. Hansen stated. pedestrian counts from either 2001 or 2008 during the school year; average count was 300 per day. He indicated public comments requested street-scaping in the area to guide pedestrians to the bridge. B. New City Gym Windschitl informed the Commission that the gym is being used by all. ages and nationalities. As the word gets out about the available hours the use will increase. A day shift is being run with future additions for after school hours. There will be after school open gym for specific age groups one day at a time: Nigh School, Middle School and Elementary School. This time does overlap with District after school programs but it gives those students who choose not to participate in that program another option of same activity to do. Windschitl indicated once evening programs begin, specifically basketball, adults would have the opportunity to workout at those times. He stated the punch list is mostly worked off and overall things are running well. Payne asked about adult evenings. Windschitl stated. currently there are Wednesday evenings and Saturday mornings from 9:00 a.m. to 12:00 noon. He also indicated the School District fitness center is open from 6:30 p.m. to 9:30 p.m., Monday through Thursday. Stroik asked about staffing. Windschitl indicated the current times are being staffed and there are some volunteers willing to help supervise. He stated that he has been the one currently staffing the morning hours to make sure that all components are running smoothly before asking volunteers to take over. There are a few college students working the after school open gym times; they also worked the summer park programs. 14 Park & Recreation Commission 3 1 I / 16/2009 Stroik asked about the number of exercise pieces in the fitness area. Windschitl invited the members to go to the gym and he would give them a tour now that the facility is complete and fully equipped. He replied there are two life fitness treadmills, three elliptical machines, one lat pull machine, two leg machines, a universal bench press machine, dumbbells, a bench and then the air Schwin bike that Mayor Peterson donated. All of the machines are either refurbished or brand new machines. He indicated that the City fitness area is well designed for a cardio workout. Windschitl stated the School District is requiring pre-registration to use their fitness area. The rates are ten dollars per month for residents and. twenty dollars per month for non- residents with a discount rate of nine dollars for senior citizens and. Athletic Booster Club members. He indicated this allows access to the District fitness area from 6:30 p.m. - 9:30 p.m. Monday thru Thursday and on Saturdays from 9:00 a.m. to 12:00 noon. The weekday hours prior to that are for students. McDonald asked where parking is available. Windschitl replied that there is designated parking in the Northwest lot from the door. NEW BUSINESS A. Grant Awards for Play~round Equipment Hansen indicated two grants were awarded for playground. equipment at Huset Park and Ramsdell Park. Each grant was for $30,000 and the equipment cost is $60,000 so it was a 50/50 cost share. Hansen stated that he was contacted from Jeff s, Bobby and Steve's Auto World Foundation about the donation for Huset Park and will be meeting with them. Holum asked if the matching grant was from Game Time. Hansen replied yes and that the playground equipment at Sullivan and Silver Lake Beach Parks were from Game Time. In the last fifteen years the City has primarily used either Game Time or Landscape Structures for equipment. Hansen passed around the catalogue with photos of the equipment for each of the parks. Evans asked if any of the equipment could be reused at Ramsdell Park. Hansen replied that it will get reused but not at that park. He indicated that part of the difficulty in reusing the material is that all of the main support posts are set in concrete. Evans indicated. that the swing at Silver Lake Beach is missing the belt or chain in the handicap seat. She stated the Biff is gone at that park and that dogs are becoming an increasing problem because the owners are not picking up after them. Hansen replied the swing would be taken care of. Many of the Biffs at the parks were pulled due to budget cuts. He stated that adoggie-do station was purchased and would be installed. at Silver Lake Beach Park. REPORTS A. Recreation Director Windschitl indicated. a compliment was received and this resident was thanking the City for operating the wading pools. During the current budget times she did not expect the pools to be open and was appreciative of them. She indicated her children really enjoyed using all three of the City pools this season and thanked staff for their work. 15 Park & Recreation Commission 4 11 / 16/2009 Windschitl stated that Honeywell was in JPM finalizing some of their punch list items. He informed them that he would not sign off on the project until all controls are working correctly. Evans asked the annual maintenance contract had been. reduced. Windschitl replied that it has not been reduced yet. The contract will not be reduced until the project is complete. The City has given Honeywell notification that they will not be continuing with their service for other City buildings. Honeywell may bid on the new proposal for the rest of the City. JPM will continue service with Honeywell. The current contract with JPM should be reduced shortly. Windschitl asked the Commission if any one had a problem making it to the meetings at the 5:30 p.m. time. Ali members agreed that 5:30 p.m. is good and if the time needs to be adjusted it can be done as needed. Windschitl indicated that all future Park and Recreation Meetings would be at 5:30 p.m. unless otherwise noted. B. Public Works Director/City En ig Weer Hansen indicated he attended a meeting with the Three Rivers Park District to develop a plan for a trail connection between Silver Lake Beach Park and Silverwood Park. This item is on the agenda for the next Three Rivers Park District board meeting. Evans asked if the gate would be open on the trail. Hansen replied that a requirement from the Three Rivers Park District is to keep the trail for pedestrian access only. The agreement would be for the Park District to install the fencing with a gate and for the City to build the trail. Hansen indicated that grant from the DNR for both the City and the Park District have applied for a fishing pier. The DNR will then pay far the Full cost of the materials for the pier. The hope is that one of the two groups will be awarded the grant. C. Commission Members Stroik shared information from the Three Rivers Park District on Silverwood programs and rental rates for the facility. Peterson indicated that the pig roast statue fundraiser was very successful. He invited the Members to the Public Safety Building Open House on October 3 from 12:00 - 5:00 p.m. Stroik asked what was going to happen with the old. police and fire space in City Hall. Peterson replied that the finance department would rearrange and move the bill taking counter to the lower level. Stroik asked what would happen with the garage space. Peterson replied that the City vehicles would be there. He indicated the desire to see staff use the day room in the current fire department for their break time. Windschitl indicated plans to park all Recreation vehicles in the garages. Hansen indicated need for half of the garage space in December for the transition of the garbage cans. Over 12,000 cans will be delivered December 1st and would need to be assembled. ADJOURNMENT Evans adjourned the meeting at 6:30 p.m. Deanna Saefke, Recreation Clerk Typist II 16 COLUMBIA HEIGHTS -CITY COUNCIL LETTER DATE CORRECTION Meeting of: November 23, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM; Arln nt Rec, 2QQ9_191 ('n~irZril BY; Walt F~c hit BY; t meeting date December 2009 DATE: November 17, 2009 DATE: NO: Back rg ound: The regularly scheduled December City Council meeting date is December 28, 2009, just after the December 24th and 25th observed holidays. In the past years, the City Council has chosen to cancel the last regular meeting of the year. Recommendation: • Cancel the Monday, December 28, 2009 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2009-191, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-191, being a Resolution canceling the li~londay, December 21, 2009 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: RESOLUTION N0.2009-191 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 28, 2009 WHEREAS: The City of Columbia Heights offices are closed on Thursday, December 24, 2009 and Friday, December 25, 2009, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 28, 2009; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this day of November 2009 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk CITY COUNCIL LETTER Meeting of November 23, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE :. f.;. APPROVAL ITEM: Approve Gambling Permit, Society for BY: Scott Nadeau ,d BY: . f % y -. Creative Anachronism, Inc. to be held at DATE: November 9, 2008 DATE: % Central Middle School, 3anuarv 9.2010 NO. BACKGROUND: The Society for Creative Anachronism, hoc. has submitted a request to conduct a raffle on January 9, 2010 at Central Middle School, 900 49~' Avenue NE, Hilltop, Minnesota. The SCA is an international organization dedicated to researching and recreating the arts and shills of pre-17~" century Europe. They have local chapters in many areas, including Minneapolis/St. Paul. A background check was conducted an the local chapter's raffle coordinator, Julia May, and there was na information found that would pralzibit the issuance of this permit. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit far the Society for Creative Anachronism, Inc. for a raffle to be held at an event at Central Middle School, 900 49'a' Avenue NE, Hilltop, Minnesota on January 9, 2010; and furthermore, that the City of Columbia Heights hereby ~~~ waives the remainder of the thirty-day notice to the local governing body. COUNCIL, ACTIC}N: 19 1~ _ _ ,_ „_ _ Page 1 of 2 7ld9 nn~svia t_uwru+ vixu+u+rrry App[iCa#ion fee G220 Application for Exempt Permit gostmarkedorreceived: lfapplication .. An exempt permit may be issued to a nonprofit organization that: , less than 30 days before the event more than 30 days before the event -conducts lawful gambling an five or fewer days, and $100 $50 -awards less than $50,000 in prizes during a calendar year. ORGANIZATION INFORMATION check# ~ Organization name Previous gambling permit number The Society for Greative Anachronism Barony of~ Lic. # 34126 Type of nonprofrt organization. Check one. Fraternal ~ Religious ~ Veterans o Other nonprofit organization Mailing address City State Zip Code County 1607 Park Road Bloomington MN 55425 Hennepin Name of chief executive officer {CEO) Daytime phone number Email address Gretchen Burnham 612-306-3057 marwen42@gmail.com Attach a copy of QNE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Q Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 ® IRS income tax exemption [541{c)j letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt fetter, have an organization officer contact the IRS at 877-829.5500. Il2S -Affiliate of national, statewide, or international parent nonprofit organization {charter} If your organization faits under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b, the charter or fetter from your parent organization recognizing your organization as a subordinate. 6R8 -proof previously submitted to Gambling Control Board !f you previously submitted proof of nonprofit status from the IRS. no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted {for raffles, list the site where the drawing will take place) Gents) Middle School Address {do not use PO box} City Zip Code County 900 49th Ave NE Golumbia Heights 55421 Anoka Date{s) of activity (for raffles, indicate the date of the drawing) January 9, 2010 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo` ®Raffles ^ Paddlewheefsk ^ Pull-Tabs" ^Tipboards' * Gambling equipment for pull-tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the pa e 2 of this form. g Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduck bingo. Print Form `' To find a licensed distributor, go to www.gcbstate.mn.usond click on List Beset Form ` of Licensed Distributary, or call 651-639-4076. _ 20 I_G220 Application for Exempt Permit Page 2 of 2 7109 1"OCAlL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check fhe action that the county is taking taking an this application and sign the application. on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting period The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 3D days {60 days fora 1st cuss city}. u,The application is denied. Print city name On behalf of fhe cify, t acknowledge this application. Signature of city official receiving application The application is acknowledged with no waiting period. The application is acknowledged with a 3D day waiting narinrf~ and allows the 8gard to issue a permit after 30 days. ____The application is denied. Print county name On behalf of fhe county, I aaknawledge this application. Signature of county official receiving application Title Date (Optional) TOWNSHEP: On behalf of the township, l Title pate / / acknowledge that the organization is applying for exempted gambling ac#lvity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)) Print township name Signature of township official acknowledging application Title Date I CHIEF EKECUTIVE OFFICER`S SIGNATURE ~ The information provided in this application is complete and accurate fo the hest of my knowledge. l acknowledge fhat the financial report will be completed and r f ned to the Board within 30 days of the date of our gambling activity. Chief executive officer's signature~~~~~ `'`"' ~ ~Lr2~ Date `+~~~~°~DV`~ Complete a separate application for each garnbing activity: - one day of gambling activity, -two or mare consecutive days of gambling activity, -each day a raffle drawing is held Send application with: - a copy of your proof of nonprofit status, and - application fee for each event. Make check payable to "State of Minnesota." To; Gambling Control Board 1711 West County Road B, Suite 30D South Roseville, MN 55113 Financial report and recordkeeping required A financial report form and instructions Witt be sent with your permit, or use the online fill-in form available at www.gcb.state.mn.us. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Cali the Licensing Secfion of the Gambling Co»trai Board at 651-639-4076. Print Form -Reset Form Data privacy. This form will be made available in alternative format {i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will b used by the Gambling Control Board (Board) to ~ determine your qualifications to be involved' in lawful gambling activikies in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your quati€rcations and, as a consequence, may refuse to issue you a permit. if you supply the information requested, the Board wiq be able to process your application. Your name and and your organization's name and address wilt be public information when received by the Board. Ali the other information you provide will be private data until the Board issues your permit. When fhe Board issues your permit, all of the in#ormation provided to the Board will become public. if the Board does not issue a permit, alt information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; t_egislative Audftor, naCsonai and intemationai gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; Individuals and agencies far which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 21 Columbia Heights Police Department Attne Karen Olson 559 Mi(! Street NE Columbia Heights, MN 55421 Satiety far Creative Anachronism, Inc. Barony of Nordskagen Gretchen Burnham, Chapter President 1607 Park Rd. Bloomington, MN 55425 612-306-3057 Julia May, January 2010 raffle coordinator 930 Orange Ave E St. Paul, MN 55106 651-793-86$4 Dear Ms. Olson, On behalf of Gretchen Burnham, Chapter President of the Barony of Nordskogen, Twin Cities chapter of the Society #or Creative Anachronism, Int. (SCA, Int., 3 am applying for a permit to conduct a raffle at Central Middle Srhaol in Columbia Heights, MN. i am the volunteer who will personally be conducting the raffle, with permission from Ms. Burnham, an Saturday, January 9, 2010. The SCA, inc. is anon-profit 501{c}(3}organization that studies the Middle Ages and Renaissance through living history. On January 9, 2010, The Barony of Nordskogen will be hosting a regional gathering called "Much Ado about Twelfth Night: An Elizabethan Themed Event". At that event we wish to hold a raffle to raise funds for operational costs. The raffle will be a single day activity. If you have further questions, please fees free to contact either of us listed above. 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'~~~ spay ~~ k~~ts~lrr "~~t p~n~l2} oaf ~~ ~ d~g~ drat' e~ck~ day ~dQ~~ ~#~ ~~ ~ua'ke t~~ ~f~c~ll~nt~ ~'rr~i~bie flar pubii~ ~ras~~~tlare ~u~ t~z ~ r~u~xirr~urry ~~ 'i:~,C~t~{6 trs. ~~ ~~ ,~f ~rartu~L r.e-ia~. ~~~~ tEri~ it~t't~sd' ~+~u'i~ h~t~a re-~~v"~ ~n~ q~~sti~ar~s •~75~I.at ~tau>t ~~~rt~~t3~r~`~ ~~.~rre~t ~~t~s ~I `PtStet~~ii~r~ s~a~~;, ~"~>.r ~-~~~Et1 Is~~p~ i~. ~~3~ ~ti~ ~~~ae~i~~ii~n`~ ip~rrliaa~n+~~~ r~r~~r~i~. id ~r~t~ ~il~'r~~ :~rr~} ~ta~~iiian~, ~~~~~ c~ii ~a~ ~E the t~l~pt~~,n~ raumb~r sh~x~rr~ ire tl~ ~~~~in~ ~~ this [~r; `f'~i~ t~,sr ~t'Ietrt'e~ ;~~ar.~r ~t~~rei~~tirSrrF ~ ~~~~spt ,~t~t~u~, ~~t~l ~R ~-~ ,' ,+, ~€~xstc~rst~r N,c~.oun~t ~~er'.~i~s 24 25 CITY CO~fJNCTL LETTER Meetin of November 23, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ~ ~' _..._._ ITEM: Approve Transfer of Funds for Safe and Sober BY: Scott Nadea BY: ~~ ~~ ; ~ from General Fund to Police Dept Budget DATE: November 1 , 2009 DATE: Cjvert~nte Lrne #1.020 NO, SACI~GR®UND The Columbia Heights Police Department has been participating in the Statewide Safe and Sober program and we have recently been reimbursed by Coon Rapids, the ageazey coordinating the grant, in the amount of $1,994.99 for the overtime expended. The money was originally paid out of our Overtime budget and we would like to reimburse these funds. ANALYSIS/C®NCI.USIt}N The $1,994.99 was deposited into the General Fund. The Police Department is requesting that the funds received. from Coon Rapids be moved back into the 2009 Police Department Budget line 1020 Overtime, from the General Fund. .I~coMMENDI~n MOTION Move to transfer $1,994.99, the amount of money received from Coon Rapids as reimbursement for overtime worked fram our participation on the Safe and Sober program from the General Fund to the Polzce Department 2009 Budget line 1020, Overtime. kao COUNCIL. ACTION: 26 .__ _____.__ _ ~ . 243255 Check No. - 243255 Stub 1 of 1 Payee: 108367 CdL,UMBIA HEIGHTS POLICE DEPT Check Date - 8/27/2009 PO Amount Sup_._ plies In~roice No Dais Remark 1,994.99 082409 8/24/2009 SAFE & SABER PROGRAM ..''„r~ ~1.~~~ ~~~r~~ 1,994.99 PLEASE OETAC}i BEFORE DEPOSlSINQ CITY COUNCIL LETTER Meeting of 11/23/09 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: RESOLUT TI//ON~270`09-188: p~E{S~TABpLISHING ~! ~ BY: K. Hansen JENIVS\ LI t ILE;'dS VR 1\l.i T tl\EL (.X. LIJAIJLEL PER.7V1V ~ DATE: 1 1% 1 ~% Val HARDSHIP SPECIAL ASSESSMENT DEFERRAL BY: DATE: ' ~ ` Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated am~ually by resolution. The attached resolution retains the criteria in the previous resolution and the current income eligibility amount of $29,000, the same dollar amount used. for reduced rates for senior citizens utility bills. Recommended Motion: Move to waive the reading of Resolution No. 2009-188, there being ample copies available to the public, Recommended Motion: Move to adopt Resolution No. 2009-188, being a resolution retaining the maximum income of $29,000 for Senior or Retired and Disabled. Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2009-188 COUNCIL ACTION: 28 RESOLUTION N0.2009-188 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons awning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: I . This deferral prnred,~re shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property awned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall. apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. 'The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50° o of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September IS`h of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Passed this 23`d day of November 2009. Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 29 CITY COUNCIL LETTER Meeting of: I 1 /23/09 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2009-184 BEING A ~ BY: K. Hansen 1WJOLlJ TiON OP\DERITVG PREPAF TiO~`7 OF A ~ DATE: i i/i~/09 REPORT FOR THE ZONE 5 STREET REHABILITATION PROGRAM, CITY PROJECT NO. 1002 CITY MANAGER ® ~ BY: sue'%~ "- " "'~ s nATF.• Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required report for the 2010 Street Rehabilitation program in Street Zone 5, generally bounded by University Avenue Service Drive on the west, 44'" Avenue on the south, Central Avenue/Monroe Street on the east and 48t" Avenue on the north. A Public Improvement Hearing will need to be held for these segments of roadways following completion and acceptance of the feasibility report. Recommended Motion: Move to waive the reading of Resolution No. 2009-184, there being ample copies available for the public. Recommended Motion: n/lave to adapt Resolution 2004-184, being a Resolution ordering preparation of a report for the Zane 5 Street Rehabilitation Program, City Project No. 1002. Attachment: Resolution 2009-184 COUNCIL ACTION: 30 RESOLUTION N0.2009-184 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 5 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1002 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 5 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all ar a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1002 ZONE 5 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLiTMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cast effective, and feasible and. as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. Passed this 23`d day of November 2009. Offered by: Seconded by: Roll Call: CITY OP COLUMBIA HEIGHTS Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 31 CITY COUNCIL LETTER Meeting of: 11 /23/09 AGENDA SECTION: CONSENT AGENDA NO: ITEM: ADOPT' RESOLUTION 2009-185 BEING A RESOLuTivi~ ORDERiivG rPREPARA T iON OF A REPORT FOR THE ZONE 4 STREET SEAL COAT PROGRAM CITY PROJECT NO. 1001 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ,/~ . BY: K. Hansennn BY: , DAIS: l l%lU%V9 ~ DATE: Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required report for the Zone 4 Street Seal Coat Program. Zone 4 seal coat streets include local streets between University Avenue Service Drive and. Monroe Street/Central Avenue, from 48`" Avenue to 53rd Avenue. 1n accordance with City policy, streets rehabilitated as part of the 2000 program will not be assessed for seal coat. Two streets, Monroe Street from 48'" to 50`" Avenues and 50`" Avenue from Monroe Street to Central Avenue, will be removed from the 2010 project because of the proposed MCES sanitary sewer construction on Monroe Street from 46'/2 to 49'/2 Avenues. The attached project map details the streets included in the 2010 program. Our proposed schedule calls for holding the improvement hearing for the project in March 2010. The bidding process will be administered by the City of Coon Rapids as part of a multi-City JPA for various street maintena,~ce activities. Recommended Motion: Move to waive the reading of Resolution 2009-185, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2009-185, being a Resolution ordering preparation of a report for the Zone 4 Street Seal Coat Program, City Project No. 1.001. Attachments: Resolution 2009-185 Project Map COUNCIL ACTION: 32 RESOLUTION N0.2009-185 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 4 STREET SEAL COAT PROGRAM CITY PROJECT NO.1001 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 4 that have not been rehabilitated under the street program, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1001 ZONE 4 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCII. OF COLUMBIA HEIGHTS, h+Ii]VNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. Passed this 23~d day of November, 2009. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 33 CITY COUNCIL LETTER Meeting of: 11/23/2009 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: ~ `r ~ ~ . PUBLIC WORKS iTEi'~: Emergency Repair of a Trunk Stonn Sewer line B Y : K. I-iansen BY: ~ z ~ ~ °~- at the 45`'' Avenue Mississippi River Outfall I DATE: 11/18/09 `DATE: Background: Staff has previously reported to the Council of a failed trunk storm sewer outfall at the Mississippi River. The outfall is located between the Anoka County Riverfront Regional Park and just north of the Minneapolis Water Works. The failure was discovered during an inspection by Anoka County in early September. Approximately 60 feet of the 84" storm sewer pipe and outfall area collapsed and failed. The slope drop off is approximately 30 vertical feet from top to bottom and is at a severe slope of 1.5:1. Due to the sandy soils, this slope continues to slough and fall into the bottom basin area. There is approximately another 60 feet of 84 inch corrugated metal pipe that is in severe condition upstream of this failed segment. The rest of the pipe is reinforced concrete and found to be in adequate condition. City staffs have prepared a restoration plan, and have obtained the necessary permits from the DNR and the Army Corp of Engineers, due to the proximity of the Mississippi River. This involves basically restoring the original pipe segment, but using concrete (RCP} pipe instead of metal (CMP) pipe. The work will also include excavating the sloughed materials out of the river backwater for use in the slope restoration. it is the desire of the DNR and Anoka County Parks to restore as close as possible to original conditions, prior to the collapse. Anoka County Parks will provide additional restoration in 2010 such as trees and native plantings, similar to the surrounding area. Because of the location in the City of Fridley, their staff will be responsible for the bidding and award process. Bath cities have had staff' involvement to minimize costs with survey work, permit applications, construction staking and project inspection. This storm line is shared between the cities of Columbia Heights and Fridley and. MnDOT. Attached is the original agreement from 1965, and an amendment from 1978 which details the cost share for this trunk line segment based on ratio of discharges as: Columbia Heights: 66.5% Fridley: 23.8% MnDOT: 9.7% Because of development, changes in land use and changes in the tributary area, staffs from both cities believe it appropriate and recommend to update the 1978 agreement for contributing flows -which should COUNCIL ACTION: 35 CITY COUNCIL LETTER Meeting of: 1 l /23/2009 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS iTEM: Emergency icepair of a Trunk Storm Sewer iit~e ' BY: 1;. riaiiscii ' BY: at the 45`h Avenue Mississippi River Outfall f DATE: 11/18/09 ~ DATE: now include Anoka County for East River Road and Main Street. Staff would recommend participating at the 1978 agreement calculated percentages for the total project cost for this emergency repair project. Staff also recommends preparing an update of the calculations that provided the 1978 percentages based on current land use in the drainage area that will likely change the percentages and requiring an updated agreement. In accordance with the existing agreement, the City of Fridley has the responsibility of contracting the work. Bids were originally received on October 23rd and. rejected. The project was rebid on November 12`" with 10 bids submitted, resulting in a reduction in casts of $7,348 and a bid award of $116,829. The detailed bid tabulation is available from the Engineering office. Also attached is a Memorandum of Understanding (MOU) specific to this project between the cities of Columbia Heights and Fridley. The MOU affirms the cost share split in the existing agreement, provides for in-kind work, and indicates that the cost share analysis will be updated to reflect current conditions. Recommended Motion: Move to authorize funding from the Storm Water Utility Fund for the Emergency Repair of the 84-inch Trunk Storm Sewer Line located near 45t" Avenue at the Mississippi River for the City of Columbia Heights share of the total project cost and authorize the Mayor and City Manager to execute the MOU with the City of Fridley. Attachment: Existing Agreement (1965) Amendment to Agreement (1.978) MOU Plans COUNCIL ACTION: 36 DATED October 22, 2009 MEMORANDUM OF UNDERSTANDING FOR THE RECONSTRUCTION OF THE 45TH AVENUE STORM SEWER OUTFACE CITY OF FRIDLEY PROTECT N0.390 This Memorandum of Understanding (MOIJ) is between the City of Fridley, a municipal corporation under the laws of the State of Minnesota, 6431 University Ave, Fridley, Minnesota 55432 hereinafter referred to as "Fridley", and the City of Coir,rmbia Heights, a municipal corporation under the laws of the State of Minnesota, 590 40th Ave NE, Columbia Heights, Minnesota 55421 hereinafter referred to as "Columbia Heights". The parties to this preliminary MOU agree in principle that reconstruction of the Storm Sewer Outfall at the Mississippi River and approximately located at 45`h Avenue NW, including piping, embankment, stabilization, and ancillary repairs, referred to as the "Project" is in the best interest of the public and that tl~e excerpted preliminary plans as shown in Exhibit "A" defines the preliminary design of the Project. It is agreed that the Exhibit "A" plans dated October 20, 2009 have been reviewed and accepted by the parties and are suitable for construction. Any significant changes made hereafter to the design as presented in the Exhibit "A" plans will require approval by the parties by their respective Directors of Public Worlcs. These same changes may require a change in the cost share to include any additional design engineering cost that may occur. COST ALLOCATION: The parties to this preliminary MOIJ acknowledge the existence of previous,agreements for cost allocations far construction and maintenance, based on a ratio of stormwater discharges. The most recent of these agreements is from 1978 as shown in Exhibit "B", and specifies cast sharing between the City of Fridley, City of Columbia Heights, and Minnesota Department of Transportation (MNDOT). The parties will use this cost proportioning as a basis for a tentative allocation of costs, and endeavor to compel MNDOT to provide their allocation in accordance with this agreement. Further, the parties will commence an analysis to redefine this cost allocation under current conditions, and incorporate results of an agreed to analysis as part of a final updated cost allocation agreement. LEAD AGENCY: The parties agree that as the Project is physically located within the City of Fridley, that Fridley shall be the lead agency responsible for the administration of the Project. DESIGN: The parties agree that Fridley, as lead agency on the Project, will administer and disburse monies required to complete design of the Project. Columbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. PERMITTING: The parties agree that Fridley, as lead agency on the Project, will secure all necessary permits and disburse monies required to complete permitting of the Project. Columbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. CONSTRUCTION: The parties agree that Fridley, as lead agency on the Project, will administer and disburse monies required to complete construction of the Project, including those required for construction inspection acrd miscellaneous restoration. Columbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. IN-KIND WORK: The parties agree that in-kind work applied to this project shall be allocated as a deduction form each party's respective cost allocation. SUMMARY: Upon acceptance and signatures by the parties of this MOU, a separate cost allocation agreement for cost share and maintenance will be prepared by the parties. The cost allocation agreement to follow will formalize all estimated and actual cost shares. 37 CITY OF F'RIDLEY, MINNESOTA d Scott J. L~ Mayor Dated: October 26, 2009 ATTEST: Dr. William W. Burns City Manager Dated: October 26, 2009 RECOMMENDED FOR APPROVAL: By: nes Kosluchar blic Works Director/City Engineer APPROVED AS TO FORM AND EXECUTION B: F~ Knaak City Attorney CITY OF COLUMBIA HEIGHTS, MINNESOTA Bv: _...... Gary Peterson Mayor Dated: ATTEST: By: Walter R. 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U \ ~ WW s K K ° R/ in w > ~Q _ _ q S A z W ¢ ¢a A \ Q 1= z a a \ Uoy a s m \ .. 3 Z ° J f- to r ., ~ ~ w39> ~ W .. \ I I n~\ N ¢v `n v3 ~- iaa ~_ > ~ ~ W _ > > W ~ ~_> Z~ f 2 S H \ I ~ o I \ ~ Nw I J i> V< _ _ y ~ W wpxZx A 3~isf w I \\ rc ¢ N ( \ ¢ a \ L o o > ~i s f/ Z p 3 0 jz w ~ fA ~w ii a° ¢ ~ O ~ a i a z a w 2Q H F r ~3 I W Q ~ Y ~ H O w 3 w J w ~ >' a ¢ N x~4 oo°a ¢a 3 I n ° ~s y 1 w ~ Z m ~ m z _>^ y -~ + .. _ ~ ~.3 Q ~ 4 F-u 3 W ~ A o~ Z. 43~a . O O J~ wa a ~ti . J > A q~ X X w 3 U~ ~ ~~w w ~ ~ a a ~ ~- I" J 33 ~a a J ~ ~ Zr^si N W > ° N Z=x¢x o 03 ~ f- Z 3i-ss ¢.. Q Z f- C] J ~ i o ¢ 1 tidna3lvn io nod a i i 3 ~ w O~ ,n u x~ x ~y a ~m ~¢a o~v s <~ OQ 3 ~a w ~ ¢ Z ~ w~ 3 m OJ ~ Z a ~ z o ~- ~O N K > ¢ Z V O w Z ~^ a x o ~" z F' z u w mW rn ~ 4~ N ~ ~ U m U 2 O ~ F r Z 2 ~ ~ ~ ~i. Z ~ Z W K O < V U G7N Z EXHIBIT B 47 aa'`i Eimit R TJ"f' TQ RG~aT? JESIGi`' ciINNESUTA HIGS3tdAY DEPART"riE.•?T AGREEMENT N0. SUPPLEI"SEtv1.AI. AGP,EF.24Ei~T 54797 S.P. 0205-19 (T.'ri. 47=156) A?tiuuNr EivCuriB. (None) SupplcY~~e°;+t iio. 2 to Agreement ZIo. 54797 between AMT. RECEII'ABLE The State of I=iirnesota Department of Highways, and $8,035,25 The City of Fricllev. Minnesota Re: F~educed State cost participation in 45th Ave. Jutfall System can- structed by the City of Fridley THIS 5UPPLEt-IENrAL AGRE~•SENT made and entered into by and between th4 State of Minnesota, Degartzaent of Highways, hereinafter referred to as the "State" and the City of Fridley, Minnesota, acting by and through its City Council, herein- after referred to as the "City". i~IIITNESSETH: 4tHERE3S the State and the City did enter into an agreement dated i?ovembar 24, 1965, and designated as Agreement No. 54797, providinb far the City to construct under contract a storm sewer system designated as fPStarm Sewer Improve-went Project Na. ll" Which included caeperative joint-use stores sewer mainline and outfall line facilie ties, and also pravi.ding for paytaent by the State to the City of the State's proms portionate cost share of said cooperative joint use storm sewer facilities which in addition to accommodating store: water drainage from areas of the City and the 48 _..-._ 54797-2 City of Columbia Heights will also accommodate storm water drainage from Trunk High- way No. 47 right of way. The City and the City of Colcunbia Heights did enter into a separate agreement whereby Columbia Heights agreed to pay the City a proportionate share of the cost of constructing certain joint-use storm sewer facilities under said City's Project No. 12 including those facilities participated in by the State. Also, the City and the State did thereof ter enter into a supplement to said Agree- went No. 54797, designated as Supplement No. 1 and dated May 16, 1966, providing for ._:._.._.--------~___.~----~-............___ ~.__....w...,~.....__t the City to construct, undex Change Order No. 1 to its contract for said Storm Sewer Improvement Project No. 12, a portion of storm sewer crossing Trunk Highway No. 47 and connecting City of Columbia Heights storm sewer facilities with the 44th Avenue Northeast storm sewer lateral constructed under the aforesaid City®s Project No. 12, and in addition, providing for payment by the State to the City of the State's proportionate share of said trunk highway crossing storcz sewer connector; and WHEREAS.q'subsequent to the completion of the aforesaid city contract construction of cooperative joint-use storm sewer facilities including those constructed under Change Order No. 1 and after payment by the State of its full and eomplete share thereof, the City requested the Status permission, as required in Article IX of said Agree- went No. 54797, to outlet storm water drainage from a Burlington Liorthern freight yard located jointly in the City and the City of Columbia Heights into the inplace 45th Avenue Northeast storm sewer outfall line constructed under the aforesaid city contract as a cooperative joint use store sewer facility. Said freight yard drainage area was not included in the total area used in computing the construction cost participation percentages of the State, the City and the City of Columbia Heights for. said outfall line; and .. 2- 49 54797-2 WHEREAS the State having determined that said storm sewer outfall line is of suf- ficient size and capacity to very adequately accommodate any and all additional storm water drainage discharged therein from the said freight yard area, the State is agreeable to freight yard storm water drainage being discharged into the coopera- tive joint-use storm sewer outfall line constructed by the City and participated in by the State under the terms and conditions of said Agreement No. 54797 in considera- tion of the City refunding the State, as hereinafter set forth, an amount equal to the difference between the aruount paid by the State to the City as the Status pro- gortionate share of the cost of constructing said outfall line facility, which share was based on a State cost participation percentage computed using a total drainage area not including the said freight yard area, and a revised state cost share amount based on the current value of the outfall line facility and a State cost participa- tion percentage computed using a total drainage area which includes said freight yard area. 3T IS, THEREr"~"RE, Mi1Tt3ALLY` AGREED AS ROLLOr~7S; ARTICLE I - ?ME~IDMENT TO AG:ZE~iEt1T N0. 54797 The agreement between the City and the State dated 2lovember 24, 1965, and designated Agreement No. 54797 as amended and modified by a supplemental agreement dated May 16, 1966, and designated as Supplement No. 1 is hereby amended and modifed by the addi- tion of the two following provisions; PROVISION N0. I The State does hereby give permission to the City to discharge into the cooperative joint-use storm sewer outfall line constructed by the City under its Storm Sewer -3- 50 54797-~2 Improvement Project No. 12 commencing at Manhole No. 21 and extending westerly to the outlet into the Mississippi River the storm water drainage from the Burlington Northern, Inc. freight yard located jointly within the corporate limits of the City and the City of Columbia Heights in an area between iiain Street northeast and the East River Road. PROVISION *1O. 2 Upon full execution of this supplemental agreement and invoicing by the State, the City shall refund to the State the amount of $8,035.25 from the monies paid by the State to the City, as the States share of the City's construction under its Storm Sewer Improvement Project No. 12 of that portion of the 45th Avenue Northeast exten- sion storm sewer outfall line commencing with Manhole No. 2i and extending westerly to the outlet at the Mississippi River, in accordance with the terms and conditions set forth in said Agreement No. 54747. Said refund is a consequence of increased discharges contributed by the City and the City of Columbia Heights due to the added Burlington Northern, Inc. freight yard drainage area and the discharge contributed bq the State remaining unchanged as shown below. (a) Original calculation based on the ratio of discharges contributed from drainage areas none of which included the Burlington Northern, Inc. freight yard area. Proportionate A enc Discharge. Participation Columbia Heights 321.3 CFS 70.4°,b Highway Department 52.5 11.6 Fridley 82.3 ~ 18.0 Totals 456.1 CFS 100.0% r4.. 51 54797-2 (b) Revised calculation based on the ratio of discharges contributed from drainage areas increased for the City and the City of Columbia Heights by the addition of the Burlington tdorthern, Inc. freight yard area. Area contributing to State discharge u..chang ed. Proportionate A enc Discharge Participation Columbia Heights 358.3 CFS 66.5 Highway Department 52.5 9.7 Fridley 128.0 _ 23.8 Totals 538.8 CFS 100.0% The methad of determining the current value of the aforesaid portion of storm sewer outfall line plus the calculatians used in determining the above refund amount are shown an the attached sheet marked EXHIBIT prAof which is made a part hereof by reference. ~. ARTICLE II -• ACRE~2kEh'~ IdO. 54797 Excegt as amended and modified herein, the terms and conditions of said Agreement No. 54797 dated November 24, 1965, as amended and modified by Supple~aent No. 1 there- to dated May 16, 1966, shall remain in full farce and effect. ARTICLE III - APPROVAL Before this supplemental agreement shall become binding and effective, it shall be approved by resolution of the City Council of 'the City and shall also receive the approval of such State officers as the law may provide in addition to the Commissioner of Highways ar his duly authorized representative. -5- ~OL-= 52 ~..._._ 54797-2 IN TESTIII9NY .7HERFAF the parties have duly executed this agreement by their duly authorised officers ar_d caused their respective seals to be hereunto affixed. ;.^,ity Seat} CITY OF ~2IDLEY May Date ~` j ~ 7 By ~ ~} ''' City tianager-Jt / Date V -" / c1 - ~ ~ ,,,r DEPART~iENr OF uIGHi~dAYS Recocsnended for approval: ~--- ~ _. _.~ FC,(~ Road Design Engineer .,..District Engineer J ay ? Director a Design and Right of T+7ay Division STATE OF MINNESQTA _'7 DeptSty Co~nanissioner of Highways r% Date f~' ~ 3 --~r'c7 -- - --- _ Date of Agreement Approved: Department of Administration (Authorized Signature) Approved as to form and executions Special Assistant attorney General t.~~ Date ~ ~~ ~ " ~' .~ 6.• 53 r ' ter; .~ Fay a r. Y i F ~ ;~1' . ~~~ Date --- .~, STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss ' CITY OF FRIDLEY } I, the undersigned, being the duly qualified and acting City Clerk of the City of Fridley, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of the minutes of a regular meeting of said Council held May 15, 1978 , with the original thereof on file in my office, and the same is a full, true, and complete transcript therefrom insofar as the same relates to: RESOLUTION N0. 40-1978 WITNESS My hand as City Clerk of the City of Fridley and the seal of the City this 16th day of May, 1978 '~7/.!'L~'L MARVIN C, BRUNSELL City Clerk of the'Cit/y/ of Fridley Shirley A. H.~apala, Deputy, iC'fy Clerk 54 Form 2123 2.~ 54797••2 CITY OF FRIDLEY RESOZITTICN No. 40-1978 RE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department cf Highways for the folloc+~.ng purposes, to-rvit: to supplement Agreement Rio. 54777 dated idav~ber 24, 19ti5, between the City of Fridley and the Minnesota Depart<ent of Highways and provide for the City to refund to the State the amount of ~8g035.25 as a consequence of the increased discharge of storm zaaters into a cooperatively funded (State' Fridley and Columbia Heights) storm sewer outfall line constructed by the City of Fridley trhich increased discharge is contributed by the City of Fridley and the City of Columbia Heights due to the added Burlington Northern, Inc. freight yard drainage area. ------ - -- - -- - Cixy Manager ---~-BE IT FURTHER RESOLVID that the L4ayor and -be and they hereby are authorized to execute such agreement< (Supple~aent No. 2 to Agreement No. 54797) - Adopted by the City Council of the= C.~ty.~.af- Pri.dley This ISth Day of May , 1978• "--'- __ Attest• William J. Nee, Mayor - .City Clerk., Marvin CERTIFICATION -----~-- - C. Brunsell State of Minnesota C panty of Anoka _ . _ - - _ - City of Fridlev - __.-:: -~ I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted ~i;y--tn.e Council of the City of ~;~~~, at a duly authorized meeting thereof held on the t 4rh da,Y of M'y-- 19-fig--' as shown by the minutes of said meeting in my -possession. ~~ / ~. City Clerk Y ~ - ~ ~.~_ Shirley A.,Flaapala, Deputy City Clerk v 55 Supplement No. 2 to l~reement No. 54797 ' FxfiIBIT "A" ®riginal Contraetor~s Cost - X313,158.00- 171.5 Replacement Cost (6/17/71) $313,158.00 x 12 b.2 = $425,567.32- (Based on Replacement Index Figures Published by gmtirornnental Protection Agency for 1956 ~.nd April 1971) Depreeiation <6J17/7l) $425,567.32 x 1.25% x 5 = $26,597.9 6 (At 1.25% per annum) Current Value ($425,557.32 $26,597.96) _ $398,9b9.36- Original State cast participation percentage as set forth in Agreement No. 54797®-d-~---•-----•~-11.6°~ Revised State cast participation percentage as determined b}~ M.H.D. Hydraulics Unit•®----®-•_---•~--g•7°~ Percentage reduction in State cost participation-------1.9°,G dmount of reduction in State°s construction cost share (current value $398,969.36 x i.9%) x,,580.42• Plus 6~ construction engineering cost share 454.83• Total Amount of Refund to the State $8,035.25• 56 CITY COUNCIL. LETTER Meeting of: November 23, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of4303 Reservoir Blvd- BY: Sheila Cartney BY: •,._';'~ " ~ Resolution 2009-186 DATE: November 16, 2009 ' `' ~ ~aci~round At the 3une 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered site district, The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. The following guidelines for acquisition were approved: I) An acquisition price point of $55,000 or less 2) All homes purchased will be demolished 3) Homes acquired should fall in one of the following categories: a. Evidence of structural failure b. Hazardous conditions including extensive mold c. Functional obsolescence (size of property, interior layout) d. Extensive physical deterioration 4) Residual vacant lots shall. meet existing zoning standards for purposes of rebuilding 5) Recognition that extenuating circumstances may require deviation from the above policies As part of the project described above the City has negotiated the purchase of property located at 4303 Reservoir Blvd for $52,500 plus closing costs and demolition. The subject lot is about 17,600 square feet with an existing one bedroom single- family home that is 750 square feet, which was built in 1918. There is also a detached garage. This house shows signs of severe deterioration, the most critical being evidence of structural displacement by "temporary screw floor jacks" that supplement the original beams in the basement. The house has no wall and minimal ceiling insulation. At the current time the majority of all. the walls have been. destroyed through vandalism. Even if this house was physically rehabbed the structure has complete functional obsolescence based on size (750 square feet, one bedroom, and kitchen that is so small that the refrigerator is located in the back hall. This is a critical acquisition for the Reservoir Blvd neighborhood, as this area is well maintained. and staff is of the opinion that if this property is sold to the open market it would become rental and will continue its blighting influence in the overall area. in addition the size of the lot will provide an opportunity to resell at a future date for a house of significant value, as lots of this size are difficult, if not impossible, to find in our community. Recommendation• Staff recommends•approval of the purchase. Recommended Motion: Move to waive the reading of Resolution 2009- 186, there being ample amount of copies available to the public. Move to adopt Resolution 2009-186, approving the acquisition of property located at 4303 Reservoir Blvd; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attaclnnents: Resolution 2009-186 COUNCIL ACTION: 57 CITY OF COLUMBIA HEIGHTS,1ti~IlNNESOTA RESOLUTION N0.2009-186 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4303 RESERVOIR BLVD 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. 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 Edina Realty (the "Seller"j dated as of November S, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4303 Reservoir Bivd Northeast and legally described as follows: Lot 4, Block 4 Auditors Subdivision or Waltons Second Subdivision (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 Assi mg Went. 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 $52,500. 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. 58 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, Passed this 23rd day ofNovember 2009 Offered by: Second by: Roll Cail: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 59 CITY COUNCIL LETTER Meeting of: November 23, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of 4135 Jefferson Street BY: Sheila Cartney BY: ~ - Resolution. 2009-192 DATE: November 18, 2009 ° Background• At the June 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered. site district. The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. The following guidelines for acquisition were approved: 1 } An acquisition price point of $55,000 or Less 2) All homes purchased will be demolished 3) Homes acquired should fall in one of the following categories: a. Evidence of structural failure b. Hazardous conditions including extensive mold c. Functional obsolescence (size of properly, interior layout) d. Extensive physical deterioration 4) Residual vacant lots shall meet existing zoning standards for purposes of rebuilding 5) Recognition that extenuating circumstances may require deviation from the above policies As part of the project describe above the City is in negotiations to purchase property located at 4135 Jefferson Street for a maximum purchase price of $40,000, plus closing costs and demolition. Bank of America owns this property and continually changes their negotiator, which makes it difficult to get a response. The current listing agent has presented our offer of $32,500 and is waiting a reply from the bank, and has since taken the listing off the market. Due to the fact that there is only one more Council meeting this year staff suggests approving this purchase for up to $40,000 so that we do not lose this purchase due to our process. 'The subject lot is 5,160 square feet with an existing two bedroom single-family home that is 864 square feet, which was built in 1910. There is a deteriorated detached garage on the property, which has both doors kicked in. The house shows signs of severe deterioration. No only is there no current maintenance to this house, the house has been completely trashed. The backdoor is held shut with a piece of wood and part of a bed frame, there is garbage and steak bones all over the house, the entire basement is filled with feces. It should be noted that the prevailing stench in the house possibly would require replacement of all porous surfaces including drywall. Due to garbage and debris staff was not able to go upstairs. There is evidence that someone maybe illegally living in this house, the matter has been turned over to the Police Department. Lastly, this house is typical of the goals of the Scattered Site program. This neighborhood is well maintained (two new GMHC houses are on the north side of this property) the removal of this house will provide for a future house that will be a continuing asset to the community. Recommendation• Staff is continuing to negotiate the purchase ofthis property and recommends the Council approve this purchase up to $40,000. Recommended Motion: Move to waive the reading of Resolution 2009 - i92, there being ample amount of copies available to the public. Move to adopt Resolution 2009-192, approving the acquisition of property located at 4135 Jefferson Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2009-192, photos COUNCIL ACTION: 60 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2009-192 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4135 JEFFERSON 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"). L02. 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. 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 Bank of America (the "Seller") dated as of July 1, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located 4135 Jefferson Street Northeast and legally described as follows: Lot 24, Block 43 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 Assi mg Went. 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 up to $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. 61 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 actians 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. Passed this 23rd day of November 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscavitz CMC City Clerk 2 62 CITY COUNCIL LETTER Meeting of November 23, 2009 AGENDA ~ECTIO;~d: CON~EI`.T ORIGINATING DEPART~~Er;T: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: November 17, 2009 DATE: Approve 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 23, 2009. COUNCIL ACTION: 63 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 30082 PMJ Town Homes Propertyr Address: 315 44TH AVE NE 10250 Ali Faduna Property Address: 1620 INNSBRUCK PKY 2(~(lA7 Anthnn~i R,.,,rn~nirli Property Address: 4056 5TH ST NE - 4058 5th Street 12013 Carlos Arcos-Martinez Property Address: 5230 4TH ST NE - 5228 4th Street 30129 Herb Knutson Property Address: 4621 UNIVERSITY AVE 20164-NC Mark Rieland Properly Address: 4000 HAYES ST NE 10193 Michael Petelin Property Address: 3820 JACKSON ST NE 20204 Nelia Schaff Property Address: 3742 3RD ST NE 20164-NC Olga Antochy Property Address: 4000 HAYES ST NE 10192 Svitlana(Lana; Mocre Property Address: 3911 VAN BUREN ST 12031 Thomas Brownrigg Property Address: 4008 CLEVELAND ST NE - 4010 Cleveland Street 12186 Weston Wiggins Property Address: 4144 MADISON ST - Up/Down 11 /17/2009 10:21 64 Page 1 CITY COUNCIL LETTER Meeting of: November 23, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: November 18, 2009 BY: BACKGRQUND/ANALYSIS Attached is the business license agenda for the November 23, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009-2010 and Business Licenses for 2010. 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. RLCGIVIlVIENI3L~i3 Ii~If3TI®N: Move to approve the items as listed on the business license agenda for November 23, 2009 as presented. COUNCIL ACTION: 65 TO CI'T'Y COUNC: IL November 23, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Fireside Hearth & Home *Royaiton Htg *Quality Refrigeration. *Standard Htg & AC *LeRoux Excavating *Yale Mechanical *Centraire Htg *Sharp Heating & AC *Corval Constructors *J-Berd Mech Cont. *Tschida Bros Plumbing *Corporate Mechanical *Kath HVAC *Precisron Htg & Cooling 2700 Fairview Ave, Roseville 4120 85th Ave No., Brooklyn Pk 6237 Penn Ave So, Richfield 130 Plymouth Ave, Mpls 2104 64t" St, Wht Bear Lk 9649 Girard Ave So, Bloomington 7402 Washington Ave, Eden Prairie 7221 University Ave, Fridley 1633 Eustis St, St Paul 3308 Southway Dr, St Cloud 1036 Front Ave, St Paul 5114 Hillsboro Ave N, New Hope 3096 Rice St, Little Canada 3650 Chestnut St N, Chaska *MN Petroleum *Crosstown Signs Inc *Modern Roadways *C & S Blacktopping *Stonebridge Construction *Majestic Tree Serv 682 39th Ave, Col Hts. 16307 Aberdeen St, Ham Lake 1620 Winnetka Ave, Golden Valley 14435 Northdale Blvd, Rogers 15734 Foliage Ave, Apple Valley 4247 Queen Ave N, Mpls SECONDHAND DEALER LICENSE-2010 Salvation Army ARC 3929 Central Ave GAMES OF SKILL-2010 *Jimmy's Pool Hall 4040 Central Ave, Col. Hts POOL HALL LICENSE *Jimmy's Pool Hall 4040 Central Ave, Col. Hts. CIGARETTE/TOBACCO MISC. SALES-2010 *Totem Foods *University Auto Serv *Cohunbia Market 4639 Central Ave 5257 University Ave 4901 University Ave 66 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $100 $465 $100 $300 $300 $300 LIQUOR - 2010 *Star Bar & Grill Mgrnt LLC 4005 Central Ave, Col. Hts. Tracy L. Stankovich $1866.06 for 2009 $8200 for 2010 *WF\%l/ #230 4446 Central Ave, Col. Hts $500 *Col. Hts. Lions Club 530 Mill St, Col. Hts. $300 *Mady's Bowling Center 3919 Central Ave, Col. Hts. $6700 *Sarna's Liquor 3939 University Ave, Col. Hts. $6700 TEMPORARY BEER *Col. Hts. Lions Club Huset Park $400 For Jamboree June 2010 (4 days) VVIlrTEBEER LICENSE *Puerta Del Sol 3800 Central Ave, Col. Hts. $2400 67 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: November 23, 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 132495 through 132661 in the amount of $ 1 052,510.16 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 68 vI W ~ ~ ~ + ~ -x H L7 ~ x~ v a ~ H (1' i~ -K W W ~ ~ x~ o ~ U ~ ~ H •k # O~ # i~ U] ~ -% i~ a~ ~ ~ a po ~ ~ Uy+ U ~ i ~ ~ Cza W R'~ 'K .K H O p o o ~ ~ ~ a ~ ui d~ ~ ~ ~ U ~ H C7 C~ ~ * N to U ~ ~ ~ O io ~ l!7 -.-1 O ~ c~ ~ a is i~ H M i~ -k -K -K i~ •k F-+ f-i H ~ ~ cn W io +~~~~ H ~~~~~ ~~~~~~~~ a a ~~~~~ ~u~~~~N~, a .uuuuu yu~uuu,.,u a~ + ~ H U oooo~ v ~ z ro~ ~ ~ ~ m a ~ N `~ zzzz~ o N ~ ~ U M 'CJ •~ ~ ~ ~ r-1 x zzzz o xr * U 'k ~i ~. ~i di i~ N S-I N k ~ \ N U ~ W W W W* N ~ W 'f # \ N -r-1 ~ i~ H N ~1 aaaa~ ~ -~ w ~ ~ ~~~~~~ ~ u w o ~~~~~~ w ~ ~ . ~, ~~~~~~ ~ N ai -~ a~ .L V~ -% 'K r-I N 'rI ri Win ~ ~ ~ N 0 ¢,o cnm ~ + .. 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HH W W pl~'gHOHH f~'~C z~OP:FCa'1HGacnC~wwwr~a ~a,H3C>+Oazwzz~n5+w W O ~E-IHtz,H~HxHHH~C~O~CFC W WE-~HwzOOZFCa c7U~CamaFCE+xHmHHcnvwuv3ma~naUHvUHar~ H H N M N O H H N lD h lf1 dl N I.f) h O O H N M d' a\ R O H M d' L!1 h 0000Hd'1Dhh h hOCJOH HHNOOOOOON W OOO W HNNNNNNMMMMMMd~d' Wd'd'1D 1010101Dhh CO NODOO I I I H I O I U I ~ i C7 x I z ~ I H a w ~ v ~ a w ~ ~ ~ i U ~ a a H Z x H ~ I 7y p H W pa I W H t~ CITY COUNCIL LETTER Meeting of November 23, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPP.O~AL ITEM: Adopt Resolution For BY: Gary Gorman BY: f` ~~ j Revocation ~~ ~" ~ / DATE: November 17, 2009 DATE: NO: 09-187 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-187 - 4648 Polk 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 2009-187 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-187 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. COUNCIL ACTION: 76 RESOLUTION 2009-187 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 William Wall (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real. property located at 4648 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 6, 2009 of an public hearing to be held on November 23, 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 FA I. That on or about September 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 Iisted in the property records. 2. That on November 6, 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- wn: a. Failure to submit renewal rental license application and fees b. Failure to schedule a rental housing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9299 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. 77 Passed this day of 2009 Offered bye Second by; Roll Calle Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~s CITY COUNCIL LETTER Meeting of November 23 2009 AGENDA SECTIOI~d: Public OP.IGII~:?>TIl~IG DEPARTTr1ENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~_- Abatement ~{°"~ DATE: November 16, 2009 DATE: NO: 09-189 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 2009-189 - 5000 Johnson Street 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 2009-1.89 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-189 being a resolution of the City Council of the City of Columbia Heights declaring the properly listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 79 RESOLUTION 2009-189 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 awned by Genevieve V. Kuppe (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5000 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, ~x~ritter. 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 28, 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 October 28, 2009 the Fire Department and Police Department personnel were performing an abatement action at the properly. After the property was cleaned up and the abatement was completed, personnel could not leave the structure unsecured. The Fire Chief ordered an immediate abatement and that the building be secured. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 28, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said. records of the Fire Department, the following conditions and viola±ions 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 5000 Johnson Street N.E. 4. That all parties, including the owner ofrecord and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located. at 5000 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That 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 so 1. The property located at 5000 Johnson. Street N.E. constitutes a nuisance pursuant to City Code. 2. 'That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Museovitz. CMC City Clerk 81 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 23, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM.: 2nd Reading: Ordinance 1573, Zoning BY: Jeff Sargent, City Planner BY: f '" Amendment to rezone 3701 Reservoir Blvd. DATE: November 18, 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 from 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 all 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 RECOMII~NDED MOTION: Move to waive the reading of Ordinance No. 1573, there being ample copies available to the public. Move to adopt Ordinance No. 1573 approving the rezoning of the property located at 3701 Reservoir Boulevard from GB, General Business to R-2A, One and Two Family Residential. Attachments: Draft Ordinance 1573 (2ii1 Reudin Format), P+Z Re ort COUNCIL ACTION s2 ORDINANCE 1573 CITY OF COLUMBIA. HEIGIiTS, 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, 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 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, 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 t11e 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. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 83 CITY OF COLUMBIA HEIGHTS 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 PLANNING REPORT 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: 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 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 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 ofthe 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 85 City of Columbia Heights Planning Commission November 3, 2009 Fadia Salem, .3701 Reservoir Blvdo Case # 2009-1101 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. RECOMMENDATION 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-2R, One and Two Family Residential. Attachments • Location Map • Zoning Map • Draft Rezoning Ordinance Page 3 86 3701 RESERVOIR BLVD 3942 3943 3938 3939 3932 3934 3935 3939 3930 3931 3928 3922 3923 3924 3918 3918 3914 3915 3912 3919 3911 3906 u~ rn 3910 ~~~~NE~~,-rA 3900 ~°'.~ a°~ 3900 ~ 3901 .d 5 z z ~ c ~ c` i ."''d. ~~hh 3940 E ~ ° 0 0 a. `~ ~ ,~`° 0~8 o '°~ "'9 o J,2 _ ~ 8908 ~~ 3900 39TH 1100 "' 3853 94® 950 3850 d'am S 3851 3 ~8~2 ~~ , 8869 ~ 3847 8 3827 A® ~ ~ 8 ~ dS' 3841 ~ 880 8 ' u~ds 6v' ~,8 S 8 3837 ~ 8 ~ 88 ~ 8 ,~ 8 8 ' S 8 u~ "' < 0 8 8 0 3825 38~~ "78 8p 88t,~e u'8 ~'8 ? 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