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HomeMy WebLinkAbout01/11/2010 RegularCITY OF COLUMBIA HEIGHTS Mavor Garv L. Peterson 590 40m Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers ~sitourwebsiteat: www.ei.eotumbia-heights.nzn.us Robert A. Williams Bruce Naivrocki Tarmnera Diehm Bruce Kel_enberg City 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 Monday, January 11, 2010 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 Pastor Mauro Souza, Church of All Nations, 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may hake additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Retirement of Firefighter Bruce Shellito 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 p4 MOTION: Move to approve the minutes of the December i4, 2009 City Council meeting B. Accept minutes of the Columbia Heights Boards and Commissions. pz2 MOTION: Move to accept the January 5, 2010 minutes of the Planning and Zoning Coml~nission. C. Accept the 2010 City Council meeting calendar as proposed. Motion: Move to accept the 2010 City Council meeting calendar as proposed. p26 D. Adopt Resolution 2010-01_ being a Resolution to accept certain donations receiyedl by the ['itv pan of Columbia Heights MOTION: Move to waive the reading of Resolution 2010-01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-01, being a resolution to accept certain donations received by the City of Columbia Heights. City Council Agenda Monday, January 11, 2010 Page 2 of 3 E. Adopt Resolution 2010-02 being a Resolution deli n~ ating Official Depositories for the Cit~f p3z Columbia Neights MOTION: Move to waive the reading of Resolution 2010-02, there being ample copies available to the public. MOTION: Move to adapt Resolution 2010-02, being a resolution designating official depositories for the City of Columbia Heights. F. Approve Raffle. Little Vova~eurs' Montessori School. St. Timothy's Lutheran Church p35 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 raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 30, 2010; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the Local governing body. G. Desi ng ating an Official Newsaaper for 2010 P~ 9 MOTION: Move to designate Sun Focus News as the official City newspaper for 2010 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. H. Appoint the Mayor and Cit~aer to the Columbia Heights Volunteer Firefighters Relief p41 Association Board of Trustees for 2010. MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board. of Trustees for 2010. I. Authorize extension of Fire and EMS service contract with City of Hilltop p4z MOTION: Move to authorize the Mayor and. City Manager to enter into athree-year Fire and. EMS service contract with the City of Hilltop starting January 1, 2010 and extending through December 31, 2012. J. Approval of the attached list of rental housing license applications. in that they have met the P50 requirements of the Property Maintenance Code. MOTION: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications ps4 MOTION: Move to approve the items as listed on the business license agenda for January 11, 2010 as presented. L. Approve payment of the bills p55 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached reglSlGC coVGCln~+ 1. -Gl% 1VUCIIDCr 1JL7J11 LI1COUgC1 I.IICGK 1VUCtl~er 1JJL7l~ In tLle arl'lourlt of $3,435,322.09. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2010-03, 4506-08 Fillmore Street N.E., 201.0-04, 1026 40th Avenue N.E., and P69 2010-05, 4305 2nd. Street N.E. beinP Resolutions of the City Council of the City of Columbia City Council Agenda Monday, January 11, 2010 Page 3 of 3 Hei hg_ts approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010-03, 2010-04, and 201.0-05, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2010-03, 2010-04, and 2010-OS being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. B. Adopt Resolution 2010-06, 3730 TyIer Street N.E. being a declaration of nuisance and approving abatement of violations within the City of Columbia Heights. p~6 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-006 there being ample copies available to the public. MOTION: Move to adapt Resolution Number 2010-06 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. C. 1st Reading of Ordinance 1575, being a Zoning Amendment as it relates to LED signs for motor fuel stations p79 MOTION: Move to waive the reading of Ordinance No. 1575, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1575,. for Monday, January 25, 2010, at approximately 7:00 p.m. in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business . ADMINISTRATIVE PORTS 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 naive and address for the record. ~(1, d l~l~(17T721~T;M~i.NT df , Walter R. Fehst, City Manager W F/pvm 3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, DECEMBER 14, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 14, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added Resolution 2009-199, being a Resolution of Support to Anoka County for High Speed Broadband Connectivity as item 7A1. Councilmember Nawrocki requested the City Manager give an update on the Sullivan Lake resident petition requesting work around the lake. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Charter Commission recognition -Joseph A. Sturdevant Mayor Peterson presented Mr. Sturdevant with a commendation and city pen and pencil set and thanked him for his service to the city on the Charter Commission. CONSENT AGENDA Councilmember Nawrocki requested to remove items C, E, G, H, I, and. J. Walt Fehst, City Manager took Council members through the consent agenda. A. Approve minutes of the City Council meeting Motion to approve the minutes of the November 23, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and. Commissions Motion to accept the November 19, 2009 minutes of the Telecommunications Commission. Motion to accept the November 4, 2009 minutes of the Library Board. Nawrocki indicated that the City Council discussed increasing the number of Library Board members, but did not vote on it. C. Adopt Resolution No. 2009-198, being a resolution for acquisition of 4606 Polk Street -removed D. Adopt Resolution No. 2009-196, being a resolution establishing a fee schedule for the 2011 John P. Murzyn Hall rental rates. Nawrocki requested to see rental numbers over the years to see what impact the higher fees have had. Keith Windschitl, Recreation Director, stated that we have not increased. our rates for several years. Most of the Saturdays for next year are already booked. It is difficult to compare 4 City Council Minutes Monday, December 14, 2009 Page 2 of 18 rates because we allow food to be brought in. Motion to waive the reading of Resolution No. 2009-196, there being ample copies available to the public. Motion to adopt Resolution No. 2009-196, being a resolution establishing a fee schedule for the 201.1 John P. Murzyn Hall rental rates. E. Acceptance of a MNDNR Community Forest Bonding Grant in the amount of $22 500. removed F. Adopt Resolution No. 2009-194, being a resolution adopting the 2009-2010 Snow and Ice Control Policy. Motion to waive the reading of Resolution No. 2009-194, there being ample copies available to the public. Motion to adopt Resolution No. 2009-194, being a resolution adopting the 2009-201.0 Snow and Ice Control Policy for the City of Columbia Heights. G. Adopt Resolution 2009-193 authorizing the execution of agreement andparticipation in Minnesota Department of Public Safety's grant pro rg ams. removed H. Authorize the Mayor and City Manager to enter into a contract far Police Service with the City of Hilltop. removed I. Authorize School Liaison Officer Contract with Northeast Metro School District 916 (ALCM removed J. Approve Business License Applications removed K. 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 132662 through Check Number 132929 in the amount of $5,346,v^4l .2 i . Fehst stated this includes $3,000,000 in investments at Northeast State Bank. Nawrocki indicated he thought that all bills for the public safety building were paid, but there are bills on this meeting. Information obtained shows we purchased a 52 inch TV and 10 other TV's for the building. Conference room chairs were $300 each. There was furniture in the old building; we moved practically nothing. We have over done it on this building. Motion by Diehm, second by Williams, to approve the Consent Agenda items with the exception of items C, E, G, H, I, J. Upon vote: All ayes. Motion carried. C. Adopt Resolution No. 2009-198, being a resolution for acquisition of 4606 Polk Street Nawrocki stated he did not see any reason to purchase this building as it does not look that bad. from the outside. Scott Clark, Community Development Director, referred to the two ongoing programs, i.e. to see if the houses can be rehabbed or need to be removed. The EDA wants to secure properties that need to be removed. Seven properties on Polk Street were foreclosed. We City Council. Minutes Monday, December 14, 2009 Page 3 of 18 have purchased three of these properties and have two more in process. This decreases the density of the area. Nawrocki stated this is $109,000, plus demolition, of tax payer dollars. Peterson indicted that staff is doing what was requested. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-198, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-198, approving the acquisition of property located at 4606 Polk Street Northeast; furthermore to authorize the City Manager and Mayor to enter into an agreement for the same. Diehm stated that the Council listened to the pleas to do something about the crime from residents in this area. It is easy to consider ways to not spend money, but as elected officials we have an obligation to the commitments we made and this is an issue that is very important to us. Four of us committed to work on this area with the Police Department and Community Development to make this an area to live in again.. Diehm commended staff for obtaining grants to fund this without using any resident funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Acceptance of a MNDNR Cotmunity Forest Bonding Grant in the amount of $22.500. Kevin Hansen, Public Works Director, stated this is a new program through the DNR for tree removal and reforestation on public property. We originally requested $25,000, but the amount was reduced because of the volume of requests. This is a two year grant program that may be extended. Motion by Williams, second by Diehm, to accept a 2009 Minnesota Community Forest Bonding Grant in the amount of $22,500 for the identification, removal and disposal of diseased or dead trees on public property, and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2009-193 authorizing the execution of agreement and~articipation in Minnesota Det~artment of Public Safety's rg ant programs. Police Chief Scott Nadeau stated this will be in the $18,000 to $22,000 range for operations such as Safe and. Sober and Operation Night Cap. Officers on this detail work these programs in several Anoka County cities. Diehm commended. our participation in these programs with other communities and use of grants to fund it. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-193, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-193 authorizing the execution of agreement and participation in the Minnesota Department of Public Safety's grant programs. Upon vote: All. ayes. Motion carried. 6 City Council Minutes Monday, December 14, 2009 Page 4 of 18 H. Authorize the Mayor and City Manager to enter into a contract for Police Service with the City of Hilltop Nawrocki indicated this should have been discussed before a final agreement was presented. They will pay about $196,000, but based on population percentages they should pay about $222,000 per year. Nadeau stated he met with the City of Hilltop administrator, attorney, and council and arrived at the numbers on their ability to pay, past numbers, and a reasonable increase. Diehm referred to the disadvantages of not entering into this contract. Nawrocki agreed that there may be some merit to providing this service. He did not advocate it, but indicated that in the future there may be an advantage for Hilltop to become part of Columbia Heights. Nawrocki stated his concern was for our taxpayers to not carry a disproportionate amount of the cost. Nadeau. indicated that this is a four percent increase over the last contract. Bob Odden, 42 '/z Avenue, referred to a newspaper article noting Hilltop for the highest rate of police calls, which would indicate they should pay more. Nadeau commented on their large portion of commercial property versus their small population base as having an effect on their percentages. Motion by Diehm, second by Williams, to authorize the Mayor and the City Manager to enter into a Police Service Contract with the City of Hilltop starting January 1, 2010 and. extending through December 31, 2012 at the rates specified in the contract. Williams questioned the result if they contracted. with someone else. Fehst stated advantages of our police and fire coverage for the City of Hilltop. Fehst stated that they were with the City of Fridley at one time and we would arrive first and not get paid for it. Nawrocki indicated that he did not realize this did not include the fire response contract, so this is not as bad as he first thought. Fehst commended the past and present Police and Fire Chiefs for working this through. Upon vote: All ayes. Motion carried. Authorize School Liaison Officer Contract with Northeast Metro School District 916 (ALCI Nawrocki stated his understanding that this officer would be available for regular duty during the summer and emergencies during the school year, but it is not in the contract. Nadeau stated that is true and this is just a standard contract. Nawrocki commented on the additional cost of a car to use and. the step increases only covering a rookie officer. Nawrocki stated that rather than hire a new officer for the position, we should use existing personnel. Hours lost due to the furlough could cover this. Nadeau indicated that furlough had to be compensated in overtime if someone was off or someone called in sick. ]`v'1i~?riif5ii v`y' Die1i1i1, ScGoild v'y' ~vJiiiialilS, to auuiorizc the 1`v~a'y'or and Poli~c Chief to %nter into a contract with Northeast Metro School District 916 for a School Liaison Officer for the Metro Heights Academy (commonly referred to as the ALC) at 3989 Central Avenue NE from January 1, 201.0 through June 30, 2013. Upon vote: All ayes. Motion carried. .1. Approve Business License Applications Nawrocki questioned that there are two smoke shop licenses still subject to comments from the police department. Clark stated that only upon Council approval and a positive review by the police department will the licenses be issued. City Council Minutes Monday, December 14, 2009 Page 5 of 18 Motion by Diehin, second by Kelzenberg, Move to approve the items as listed on the business license agenda for December 14, 2009 as presented. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. Diehm requested that staff report back on this after the first of the year. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business -Public Hearing Adopt Resolution No. 2009-197, bein:; a resolution adopting a budget for the year 2010 setting the City General Levy and Bond Levy, Fehst described State Aid reductions that began in 2003. Fiscal disparities were about one half of the City's budget. He indicated that with Council direction, staff developed a four year plan to end our dependency on State Aid. There has only been a three percent increase from the 2003 to the 2008 budget. We had. to raise taxes to make up for lost State Aid. The bond company for the Public Safety building acknowledged the city as "well managed with a moderate debt burden" and we received. a two point bond rating increase. The building of the Public Safety building was long over due. Fehst acknowledged staff for taking two week furloughs to save jobs, which we were the first to do. The 2010 budget only increases by contract wage amounts. The three percent bond amount this year for the Public Safety building has already been approved. Fehst referred to the comment by resident Jeff Diehm that his home is his biggest asset and he is more concerned abot<t the loss of value in his home rather than the tax increase to pay for services. Fehst indicated that with the decrease in property values, the tax increase has not resulted an increased taxes in the majority of the city. The city's tax increase will be 13 percent, as predicted. 51 percent of the budgets are police and fire services and 90 percent of these budgets are personnel costs. Fehst indicated the decrease of personnel in each department. We have reduced the budget in all areas we can. A four year plan is the way to address this sharp revenue decrease and become self sufficient. By 2013 we will be totally independent of the state's aid. Anything received in the way of aid will be used to offset taxes. Fehst stated that it v/ould be a big mistake to decrease the number of cur officers. We are no longer the second highest in the county in crime statistics. This will only get better with the addition of a 27th officer and 28th school liaison officer. Fehst indicated additions to the proposed budget for Library AC replacement and parking lot improvements, a boiler at Public Works, and security improvements at city hall. Nawrocki stated that the city newsletter gave misleading information on the property tax. There is a 10.9 percent increase, with d%ut S%r`vice uringii^tg St tv a i3.6 percent increase, hilt that dyes not include the HRA levy and special County HRA levy listed at the bottom of the tax statement under "other". We are increasing utility rates, various fees and assessments. Nawrocki referred to the Minneapolis newspaper article listing various city levies. Anoka. County had 14 communities listed and only one was higher than Columbia Heights. The average home value in Columbia Heights is $163,500. He commended employees for taking the fiirlotigh, but there will be a three percent salary increase this year and next year. Peterson opened the public hearing. City Council Minutes Monday, December 14, 2009 Page 6 of 18 Bob Odden, 42'/2 Avenue, spoke on the cost for the Kmart TIF district and people that have lost their jobs. We should help those headed for foreclosure rather than help people buy foreclosures. Expenditures should be limited, i.e. the bridge. Rahhal Hamimoune, 659 46'/2 Avenue, spoke against the property tax increase and stated that there was no advance notice of the increase. Fehst indicated the public meetings held to discuss the four year plan to allow us to be self-sustaining. Joe Ruben, 3808 Reservoir, stated he can not afford higher taxes. He tries to spend his money in the local community. If his taxes increase, he has less money to spend in the community. Ed Aune, 4649 Johnson, referred to the article on home values and indicated the difference between Fridley and Columbia Heights. He disagreed with the cost of an officer not being covered and the Burger King site sitting empty. Aune commented on the cost to build two gyms and now additional costs for underground water at the football field. Do not spend. He agreed that the old police building was not handicapped accessible, but his home value dropped. He stated he was aware there is a federal grant for the bridge, but heard we want a new library. He urged. residents to call Council members, as only 20 people from the community are present. Diehm stated it is confusing because there are so many numbers given and it is hard to compare apples to apples. We are close to Fridley and St. Anthony. We have a typical house valued at $163,500 and taxes are $2,011. She found a house in St. Anthony valued at $164,000 and the taxes are $2,501. There are things we are spending money on, but we are doing a pretty good job at holding down our taxes compared to the immediate surrounding area. Gregory Slott, 4731 6t" Avenue, stated that every dollar tax increase is less he has to support himself, and it is not as bad as it is going to get. It is likely our dollar will crash. 80 percent of his tax increase comes from this city. Peterson stated that all Council members live here too and we pay our taxes. He pays an exorbitant tax on an empty lot. Even if values go down, we still have to provide services, Sloth stated that all he needs are fire, police and someone to plow his street. iJee Stanch, i 1~5 Khyber fare, stated that in the last four years his taxes have increased $i,16~. Seniors can't afford to pay this. He reminded. everyone that the city pays no taxes on the properties it owns. AI Bates, 51St Avenue, stated there are a lot of ways to cut taxes. He did not get a salary increase. He appreciates the park improvements, but had to call to have the lights not turned on all night lang. His taxes went up 13.6 percent this year. We all have to cut back. n _-" ___i_ nnr r nth w__----- . a~ut~ au~cn, ~~ i t ~+v tivrttue, yucstiuileG uie arrioutit ei LGA lost. Fehst slated a~ i 2.~ -ntllron has been lost since 2003, with $400,000 lost this year and $1 million next year. We can no longer depend on LGA. Rausch referred. to cities losing their library, which we could look at and eliminating The Traveler. Columbia Heights should have been able to cut costs. He suggested sharing the city manager, finance director, and public works director with other cities. Fehst informed him that we met with St. Anthony and Fridley and other than swapping equipment and combining sealcoat work there has not been interest in combining services. Diehm stated that we have tried several times. Fehst indicated that we pay the county to do our assessing, and have considered approaching Blaine. Diehm stated that before hiring the police chief we approached City Council Minutes Monday, December 14, ?009 Page 7 of 18 the county to see what they would charge us for services. Nawrocki stated that the City of Brooklyn Park was going to eliminate and contract out their city engineering department. Andy Smoka, 1206 Khyber Lane, did not want to complain about taxes and can handle them this year, but is concerned about the future. Fehst stated that is why we have a plan to get off dependence on LGA. This is necessary to maintain service levels. We have people keeping taxes low by receiving grants. We are looking to turn the city around. Residents demanded gym space, which are much being used. Fehst referred to the City's External Goals to reduce crime and maintain housing. Smoka praised the services he receives, but asked if there would be another 13 percent increase next year. Fehst stated that next year the increase will be eight percent, followed by six percent and four percent the following years. The plan is to follow our plan. Donna Schmitt, 4260 Tyler Street, stated appreciation for the renegotiation on utility contracts. She suggested closing the University Avenue liquor store as it is outdated and repairs are expensive. She suggested a moratorium on any building projects for the next two or three years. Fehst stated there is very little expense at that store. Elrite stated that we are doing well at all three liquor stores, with the University Avenue store showing a profit every year. All liquor proceeds go to reduce taxes. Schmitt questioned the roof repair. Elrite stated that repairs come from the capital improvement budget. Tim Utz, 556 40`" Avenue, stated that the University Avenue liquor store was not worth spending money on. Utz stated that over four years his taxes increased from $800 a year to $2,400. He stated that there are 17 different taxing authorities. Fehst referred to commercial property values. Deb Johnson, 4626 Pierce Street, stated she feels she is getting a bargain and that we are surrounded by communities that are paying more and receiving Less. We have an old city that needs things taken care of and needs amenities. She pays $3,200 a year in taxes and. she knows what she is getting for her money. Mary Rausch, 2211 40`", complimented the Council on improved. street repairs and getting a quality job done the first time around. She suggested developing alternative revenue streams and suggested allowing community gardens on empty city owned lots. Rausch suggested idea sharing forms. Fehst stated that we have lived with this for a long tirrie and it has trade us lean and nieaii. We are always looking for ways to save money. Rausch questioned energy lighting conservation, to which Fehst indicated programs put into action. Nick Rivers, 4224 Jefferson, stated he has lived. here one year and emphasized he thinks the taxes are fine here as they come from places with higher taxes. He indicated his understanding that when the Governor cuts aid that the cities must make up for it. Public services are important and necessary; his wife uses the new gym. Jeff Diehm, 5215 St. Moritz, stated that in difficult times it is easy to be narrowly focused or easy to be focused at different stages in life. He gave examples of elderly resident that do not want improvements versus those that want to see the city improved. The City Council also pays these taxes. He asked for respect of the fact that the Council is making the tough decisions, despite their personal impact. We do not only need police and fire services and street plowing. He stated. that he does not want to live in a city without a library or in neighborhood where people are afraid to go outside. Eventually we will need to invest in homes. To resort to name calling is counter-productive. He referred to the three properties that were torn down and 10 City Council Minutes Monday, December 14, 2009 Page 8 of 18 replaced and are now generating more taxes. Diehm stated that things do not always work out the way you want them to. We don't want an empty Burger King or K-mart. He stated that he is willing to pay more taxes. He stated appreciation for what the Council is doing. We elected you to make those decisions. We live in a community of 18,000 and only about 30 people are at this meeting. He stated the belief that most people believe we are doing a good job. Dane Froiland, 4828 St" Street, stated he has two properties that increased in value every year until the last two years. He stated his understanding to remove our need for LGA funds, but felt it should be done in a year when the property values are high. He stated that he is backward on his loan and his taxes continue to increase. He suggested cutting park grass less often. Foiland questioned what changes have been made. It will take a couple years for housing values to catch up. At what point can you decrease taxes? Why didn't the added taxes from the three replaced homes benefit him? Fehst again described the Local Government Aid (LGA) lost and the need to make up some of the losses. Because of LGA cuts, 74 percent of cities have had to increase taxes. Froiland commented that our fire department arrived at his home in eight minutes and saved it from burning down. Ted Landwehr, 4034 7`" Street, stated that now is not the time to wean ourselves off LGA. We don't need to get hit any harder. He stated that he wants good police, fire, and. roads, but we need to cut back to the core on expenses. Diehm indicated the Council's frustration when the State made the decision to cut aid that we were promised. Peterson closed the public hearing. Nawrocki gave the history of LGA and fiscal disparities and referred to the consequences of State mandates. Columbia Heights has about the lowest average household income, because of the older population. Columbia Heights has been a work in progress. We need to find the difference between the necessary, the desirable, what you like to have, and the ability of the taxpayers to pay for those things before making any decisions, Motion by Williaiiis, second b-y Kelzenberg, to waive the reading of Resolution 2009-197, there being ample copies available to the public. Upon vote: AlI ayes. Motion carried. Motion by Williams, second by Kelzenberg, to close the public hearing and to adopt Resolution 2009-197 being a resolution adopting a budget for 2010, setting the City General Levy at $8,052,142, and reaffirming the previously approved bond levies of $1,023,283. Diehm stated her appreciation for input given, even if we don't always agree on what is right and wrung. i uc t..uuiiGii iia~ speii~ a iu~ ui uuic going uuuug~- tiiC 'various proposals aiiu iiict with tic department heads to talk about things. More hours are spent on the budget here than any other community she has been a part of. We are very sensitive that we have people on fixed incomes and. we make decisions that impact everyone. Williams stated that he has been a conservative his whole life and it is difficult to do this, but our city is on the right track. He referred to the city's original opposition of his store on 37`". Williams commented oil the Hi.iset Park area improvement from a contaminated industrial area to housing. We made the tough decision to redevelop this and then got caught in the world 11 City Council. Minutes Monday, December 14, 2009 Page 9 of 18 economy. We are here to help people. He stated that this property tax increase will also hurt him, but will provide for our city and our youth. We must believe in the future of our youth, city, and country. The decisions made tonight are to invest in the future of our city. He stated his belief in the four year plan. Peterson stated. that these decisions are not made in a vacuum. These things have been discussed. The comment regarding K-mart draining our resources; it is not draining our resources, but we are disheartened that it is not moving forward. it will come together, as we have staff constantly working on that site, along with Burger King. The economy took a dawn turn and we have same properties caught in that. Look at the positive changes, like the Ryland properties. We have compassion for those that have lost their jobs and we know the tax system is not perfect. We can not cut more without cutting staff. People like their public services; the library and recreation programs. Peterson stated his pride in what Columbia Heights has accomplished. We had to play catch up; the buildings need care. He referred to his property in Crow Wing County, with exorbitant taxes and little service. Here you know where your tax dollars go. Unfortunately, we have no control over the economy. Nawrocki stated that the furlough time in the police department last year amounted to a full time person; so with no more furlough required, there would be no need for another office. We have a good library; one of the few remaining municipal libraries in the metropolitan area. Property tax payers will pay $727,603 to support our library. if we ceased our library and became part of the county library system, based on the county levy, residents would pay $459,984 for the service. He did not propose this, but did suggest it at one time. Peterson indicated that we met with the County Lib1•ary staff and they could not promise they would maintain a library in our city. Motion to amend by Nawrocki to eliminate filling the adult services librarian and paving of the library parking lot to save $95,000. Second by Williams, for discussion. Becky Loader, Library Director, indicated that the status of the parking lot is deplorable with loose asphalt, sink holes and pot holes, and a patch after cable was run through the alley. The parking lot is small and is a safety hazard. As for loss of the staff position., Loader indicated how hard this last year has been on staff. We are open 36 few hours, our circulation is up, our Internet use Is up, and our gate Count is up. There arc only two professionals in the building eac,. day. There is no coverage for professional training; even the Police Chief has offered the presence of a CSO when they need to attend a meeting. If you want service, you must have people. It is essential to have that position back. Loader stated that we have nearly 15,000 registered active borrowers, even with the loss of three positions this year. Nawrocki clarified. the positions lost and did not believe that all of those cards are active. He stated he does not agree regarding the condition of the parking lot. Hansen stated the lot has been patched as much as possible. Patching would be a waste of money and the problem would occur again in three to five years. NawivCki indicated that this waS iwt iii tiic ciriginai bi.idgct prvpCrsai. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 nays - l aye. Motion to amend failed. Nawrocki spoke regarding the fact that we have more police than ever before. Peterson requested a specific motion be made. 12 City Council Minutes Monday, December 14, 2009 Page 10 oft 8 Motion to amend by Nawrocki to not add an additional officer to the police department andschool liaison position to save $82,000. Peterson called for a second. Second by Williams. Chief Nadeau stated that we do have more officers and have minimum staffing. We received funding for an officer through a federal grant that will be used for community policing and subsidized funding for a school liaison officer. This does not add to our compliment of officers working the street. To take an officer off of the street for the learning center would take away from our ability to respond proactively. Williams stated that we hired a great Police Chief and crime is dawn. Do we want to protect our citizens or not? The Chief is changing the way things are done. Nawrocki stated that we have a good department and are doing a good job and would still do a good job with his motion. Upon vote: Kelzenberg, nay; Williams, nay; Diehtn, nay; Nawrocki, aye; Peterson, nay. 4nays - 1 aye. Motion to amend failed. Nawrocki stated that the Community Development Department has too many planners and staff could be decreased. Motion to amend by Nawrocki to eliminate the position of Community Development Director with the Assistant Community Development Director running the department for a savings of $127,650 per year. Second by Williams. Scott Clark, Community Development Director, indicated what would happen with removal of a position and staff lost at this point. He questioned if Council would like the department to be reactive to general inspections or proactive in nature. The department manages issues in the community and looks for improvement opportunities. The department developed an abandoned and vacant property ordinance taking away 125 certificates of occupancy, requiring that they be brought back up to code. We have made 15 to18 purchases in the city and will hopefully reach up to 30 homes, with purchases averaging $40,000 for properties that may sell for $200,000 in an improved economy. We are proactive. Clark stated that we know the redevelopment may not occur for three to four years, but we will have the properties available. Williams stated. projects like 471" and Central are not dead. Clark stated that commercial area is not dead and we received a finding extension until March. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4nays - 1 aye. Motion to amend failed. Nawrocki stated that the General Government Buildings fund has a contingency. hi~lUllUil LU ilnleilU lJy TvztwlUGKI W [-GUUGG UIG lJGI1GIA1 l7lJVGCIItllenl Bltlldlllg IUIIU U) ~fGJ,VVln1. Second by Williams. Fehst stated this would be for security improvements. Fehst spoke of unexpected heating repair costs last week. Nawrocki stated that you should have to find a way to cut other expenditures to pay for the unexpected expenses. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, aye. 3 nays - 2 ayes. Motion to amend failed. 13 City Council Minutes Monday, December 14, 2009 Page 11 of 18 Nawrocki referred to conference costs for the City Manager. Motion to amend by Nawrocki to remove the $300 North City Chamber membership, miscellaneous amount of $800, ICMA conference registration of $500, transportation of $1000, and the Better Business Bureau (BBB) membership. Second by Williams. Fehst recommended against the changes. This city has been known to have an anti-business environment with previous city councils. Recent Chamber meetings have been held at Sarna's Grill, speaking on the need to balance budgets and conservation. Nawrocki stated that we are the only city that belongs to the BBB. He stated that he supported keeping the local chamber of commerce. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4nays - 1 aye. Motion to amend failed. Motion by Diehm, second by Williams, to reduce the budget by the amount allocated for reimbursement of meals, gas mileage, or items Council members choose to submit for any of the activities they choose to attend. Diehm stated that if we are tightening our belts, the Council should cut expenses first. Nawrocki stated that this is pointed. at him as he attends the LMC meetings and. is the designated representative for other organizations. He stated that he does put in for mileage when he travels outside of the city. He questioned if this suggests we should not participate in the LMC any more, and if so we should drop our membership. Diehm stated absolutely not. She indicated that she participated on the League Policy Committee and listed the other committees she has served on, and has not submitted for any reimbursement of mileage or meals. She suggested that we maintain our membership, but we are tightening our belts. We choose to serve and that is part of our duty to the community and we should not be reimbursed from the taxpayers. Nawrocki questioned and disagreed on the meetings she attended. Nawrocki stated that he was active on the Revenues Policy committee. Diehm called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion to amend carried. Nawrocki stated. that the City of Eden Prairie saved about 25 percent on their civil IegaI service b-y gGiiig vut fGr prv^pvsaiS. Motion to amend by Nawrocki to go out for legal service bids. Diehm questioned how that relates to an amendment of the budget? There is a motion on the floor to adopt a proposed levy amount. Nawrocki again referred to the cost savings to the City of Eden Prairie. Diehm requested a clarified motion, such as a motion to decrease a budgeted line item for legal fees, to be voted upon. 14 City Council Minutes Monday, December 14, 2009 Page 12 of 1 S Nawrocki retracted the motion to amend. Diehm requested a roll call vote on the original motion with the amendment as approved. Nawrocki stated that the finance department requested the one-half lT time position go to a full time position in June. Motion to amend by Nawrocki to delete the change of the one-half time position to a full time position to save about $20,000. Motion died for lack of a second. Motion to amend by Nawrocki to add. back the public works secretary position as a half time position and the maintenance person not be added. Second by Williams. Kevin Hansen, Public Works Director, stated that public works has been. at a staffing level of 31 employees for about 20 years and at 29 employees for two years. The secretary is the only clerical. position in the department. We have picked up the assessing department and the refuse/ recycling department without increasing staffing. Without a secretary there are things that just do not get done and we are getting further behind. The maintenance position is in the street department and is needed to just maintain our level of service. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye, Peterson, nay. 4nays - 1 aye. Motion to amend failed. Diehm stated that there was only one successful motion. and indicated that Councilmember Nawrocki voted. for every budget reduction except the one that impacted him directly. Nawrocki stated that like her, he may no longer go to these meetings -but yes, he actually will. He trusts that being as no one will receive travel allowance for any conferences, you may want to rethink that. Fehst clarified that the city would still pay far the conference/training. Nawrocki stated that they should pay their own. Upon vote of the original motion with the approved amendment: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Miscellaneous 2009-199 Broadband support Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-199, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-199, being a Resolution of support for High Speed Broadband Connectivity. Nawrocki questioned. what the cost will be. Fehst stated there would be no cost to us, but would benefit us. Upon vote: All ayes. Motion carried. Other business - Nawrocki stated that in the green sheet the Mayor thanked employees for helping with the employee luncheon. Nawrocki asked to increase the thanks to go to the taxpayers that actually 15 City Council Minutes Monday, December 14, 2009 Page 13 of 18 paid the cost of the meal. ADNIINISTRATIVE REPORTS Report of the City Manager Hansen referred to a petition dated November 4, which was distributed at the Park and Recreation Commission meeting. It will. be discussed their next regular meeting. The petitioners will be notified of that meeting. Nawrocki questioned if there was work already done on the path. Hansen described the area the petition refers to and described the area that was seal coated. Nawrocki stated. he had reported 4032 Van Buren and the commercial building on 43`d and Central. regarding overflowing vats. There was still debris on the ground and the Van Buren vat is overflowing again. Fehst stated he would report this. Nawrocki requested an inspection of 4017 4`h Street, as the neighbors say it needs repair. Nawrocki referred to discussion at the last meeting with the City Attorney regarding approval of payments for Autoworld as Mr. Williams is on the Council. He stated that he had asked, in accordance with our city code, for an opinion in writing and he has not yet received it. Fehst stated that they have the right to ask, but we ask that the Council, as a body, approve this as it costs money. Nawrocki read City Code, Section 3.205 City Attorney. He stated. that when the request was made at the last meeting the Council did not give any other direction. Fehst stated. that every time this same question is brought up, it is clarified that the vote is not in violation. Nawrocki again stated that he has not received the statement in writing. Diehm questioned what the benefit to receive this in writing would be? We could pay to have a memo written. Would that protect us in some way? Nawrocki indicated it would give him a document to do further follow up. This does not coincide with the information he obtained where such situations ought to go to the Cou-1ci1 and not be an administrative contract. If it had been brought to the Council, it would not have needed any more follow up. Diehm stated this was an important question to consider, but she does not appreciate that he is trying to back the city into a corner by getting a document to bring to someone else, which will cost the taxpayers of our community a lot of money. If it is a policy question, that is one thing; if it is a legal question, that is something else. Diehm stated that if Councilmember Nawrocki thinks we should do it a different way, she does not have a problem with that. She stated that she has a problem with the fact that at every single meeting we take the time to rehash it when we have made the decision. She stated her confidence in the position. taken by our aitorney. Why should we spend $2,000 or $3,000 or $4,000 to get that in writing? He is not going to change his position. Nawrocki stated that it should not cost that much to have that opinion in writing. Fehst stated that he is aware Nawrocki spoke to the League and he was instructed that this is a legitimate opinion given by the attorney and. that Nawrocki spoke to the State Attorney and found he was incorrect. Nawrocki adamantly disagreed. Nawrocki referred. to the City of Eden Prairie taking legal service bids and saved $40,000. Our amount may not be that big, but we should save money. iv>ioiion by awrocki to bid out city legal services. Peterson called for a second. ivYoiion died for lack of a second. Jim Hoeft, City Attorney, stated that the City Manager, Assist City Manager, and he are putting together a list of communities with civil and criminal attorney fees. He stated his confidence that the City Council would be pleased with the current contract. His firm has agreed to not increase costs for the last two years. Report of the City Attorney -none 16 City Council Minutes Monday, December 14, 2009 Page 14 of l 8 CITIZENS FORUM Deb Johnson, 4626 Pierce, stated her observation that some people spoke at this meeting to "blow steam", but never stuck around for the explanation. Nothing discussed was a big surprise and has been discussed all year long. Budget equals taxes - be at the meetings or "shut up". Michelle Feriorror, 44th and Central, thanked Nawrocki for his service to the community for decades. The treatment of him borders on disrespect. Rise to a higher level. People are hurting to voice themselves. He is the only one that did that. Bob Odden, 42'/2 Avenue, explained the hardship to people on a fixed income. Don't spoil the city by taxing people out of it. Nawrocki commended the Mayor for allowing discussion of the budget items and commended Williams for helping to allow discussion of the items. He stated that he continues to do the job the ways he thinks it should be done. Peterson wished everyone a Merry Christmas and asked everyone to not forget our service men and women that are away from their homes and families. Remember them in your thoughts and prayers. Peterson thanked the employees of the city, as they do an excellent job. Our department heads are the finest and we have a wonderful staff. Don't take ourselves too seriously. Do a random act of kindness. ADJOURNMENT Peterson adjourned. the meeting at 11:00 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-198 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4606 POLK STREET NORTHEAST IIV THE CITY AND ASSIGNMENT THEREOF TO THE COULUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE it RESOLVED BY T'HE CITY COLTNC'IL (the "CounciP') OF "1'HL; CI'T'Y COLUMBIA HEIGHTS, MINNESOTA ("the City"} AS FOLLOWS: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") and have established the K- Mart/Central Avenue Tax Increment Financing District (the "TIF District") within the Central Business District Redevelopment Project (the "Project"), and have adopted a Tax Increment Financing plan ("TIF Plan") for the purpose of financing certain improvements within the Project. 1.02. The City and Authority have undertaken a program to acquire homes in the project in order to address blighting issues and reduce density and provide future redevelopment opportunities. 1.03. The City or Authority may incur certain costs related to the TIF District or Project; which costs may be financed on a temporary basis from available Authority or City funds. 1.04. The City, using available TIF District funds, intends to acquire certain property in the City located at 4606 Polk Street (the "Property") within the Project, all or a portion of which Property the Authority or City may use to further redevelopment within the Project. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Edina Realty (the "Seller"} dated December 12, 2009, including ail related addenda and disclosures thereto (Collectively, the "Purchase Agreement"), for real property located at 4606 Polk Street Northeast and legally described as follows: Lot 13 except NI/2 and N 30 feet of Lot 14, Block 2, Sheffields 2nd Subdivision; except roads subject to easement of record (the "property"), which Purchase Agreement is contingent upon approval of the 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. 17 City Council Minutes Monday, December 14, 2009 Page I S of 18 1.07. The Purchase Agreement has been prepared and submitted to the City and is on file with the City Manager. Section 2. Approval and Assi ng ment 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 to $109,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2009-196 BEING A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE 2011 JOHN P. MURZYN HALL RENTAL RATES WHEREAS, the Columbia I-Ieights Park and Recreation Commission approves and recommends to the City Council rental rates for John P. Murzyn Hall; and WHEREAS, the Park and Recreation Commission unanimously approved to recommend the attached 2011 Murzyn Hall rental rates at their meeting on October 28, 2009; and WHEREAS, the recommendation is to retain the 2010 Murzyn Hall rates for 2011, with a $1 per hour increase for the security officer; WHEREAS, the proposed fee schedule would be implemented on January 1, 2010 for Murzyn Hall rentals in 2011; NOW THEREFORE BE IT RESOLVED that the attached fee schedule be adopted by the City of Columbia Heights City Council. JOHNP. MZIRZYNHALL RENTAL RATES Rentals in 2010 will pay the 2010 rates, and rentals in 2011 will pay the 2011 rates. RENTAL INFORMATION 2010 RATES 2011 RATES HaII/Kitchen/LaBelle Lounge Hall Kitchen LaBelle Lounge Gauvitte Room Prestemon Room Edgemoor Room Keyes Room Maithaire/McKenna Room Senior Center Down Payment (non-refundable) Damage Deposit (refundable) Security Officer Deposit Community Service Officer/hour Pop/C02 Charge Early Entry Fee* Custodial Charge per hour Events Lasting 2 hours or less (Sun -Fri} $960.00 $735.00 $125.00 $220.00 $ l 75.00 $175 AO $175.00 $ l 75.00 $250.00 $250.00 $500 / $100 $500 / $250 $150.00 $24.00 $ 100.00 $60.00 $25.00 50% (Saturday} (Sun -Fri} $1,195.00 $960.00 $845.00 $735.00 $1.40.00 $125.00 $255.00 $220.00 $195.00 $175.00 $195.00 $175.00 $195.00 $1.75.00 $ 195.00 $175.00 $285.00 $250.00 $285.00 $250.00 $500 / $100 $500 / $100 $500 / $250 $500 / $250 $150.00 $150.00 $24.00 $25.00 $100.00 $100.00 $60.00 $60.00 $25.00 $25.00 N/A 50% (Saturday) $1,195.00 $845.00 $140.00 $255.00 $195A0 $195.00 $195.00 $ l 95.00 $285.00 $285.00 $500 / $100 $500 / $250 $150.00 $25.00 $100.00 $60.00 $25.00 N/A Events Lasting 4 hours or less 25% N/A 25% N/A Heights Resident Discount** 25% 25% 25% 25% All JPM rentals end at 1:00 a.m. An $80.00 late fee will be assessed every 30 minutes after I :00 a.m. * Subject to approval by Recreation Director and/or Park & Recreation Commission. ** Columbia Heights Resident discount is exclusively limited to the renter or their parents. All rentals are required to use the in-house pop dispensers behind the bar. 18 City Council Minutes Monday, December 14, 2009 Page 16 of 18 Single room rentals have a maximum rental time of 7 hours. Linen and Napkin rental is available upon request. 2010 Prices are as follows: White or Ivory Linens $7.00 per hall table (60" rounds and 8' x 2 1/2' banquet tables) $3.50 per bar table $ .50 per napkin (various colors available) Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. Tax additional. A $50 Service Charge may apply to special orders made within the week prior to the event. White Melamine Dinnerware, Silverware and Plastic Tumblers are available for a rental fee of $50 plus tax per rental. Saturday rentals may decorate on the Friday before their event from 10:00 am - 4:30 pm fora $150 fee. This reservation can only be made if the hall is available within 2 weeks of the rental date. RESOLUTION N0.2009-194 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. RESOLUTION N0.2009-193 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Columbia Heights Police Department is authorized to enter into grant agreements with the Minnesota Department of Public Safety for projects entitled Minnesota State Patrol Grant Programs during the period October 1, 2009 through September 30, 2012; and WHEREAS, that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer these grants on behalf of the Columbia Heights Police Department. NOW, THEREFORE BE IT RESOLVED that the Chief of Police is hereby authorized to execute such agreements and amendments as are necessary to implement these projects on behalf of the Columbia Heights Police Department. RESOLUTION 2009-199 RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY WHEREAS, Anoka County has embark on a project to determine the interest in and needs for high speed broadband connectivity in Anoka County; and, WHEREAS, there are increasing educational, economic, and community benefits to increased high speed connectivity; and, WHEREAS, the City of Columbia Heights recognizes that broadband through optical fiber will be a long-term benefit to all citizens, and NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights supports the effort of Anoka County to develop a broadband vision and solicit public/private partnerships through a Request for Proposal process. BE IT FURTHER RESOLVED that the City of Columbia Heights supports submission of a federal grant to secure funding to implement the broadband vision. RESGLUTIC7N 24p9-19? RESOLUTION ADOPTING A BUDGET FDR THE YEAR 2Q10. SETTING THE CITY LEVY, AND APPRt"1VING THE f-IE2d~ f F\IV, 1°.~ °~,~`;'. T~EF;EF _i F;= EE IT F:E:~.:?L'~.''ECi EY T-y'- -:ITY i_'i:,U~l~;I~ F~~~R T'i-= ;:;ITY C.F ~::! :L _ F;1~1~. HEI'~_ H S. 1~,11hdl~lE`~-::)T.~_. ?..a: thr f ~ ,~,~t~.~' rI is hct`~kis ~~~s~~l_trd ;?y the t ~~ti ~~f t. ~~I~ar.~i~a H~i~l-~ts. .`_~?CCIC~I"~ ,~:. TP1F' ~I_nlcsr~~ 1~~~ t~1B f_atl/ ;af _:~Itl?7ll~l~i HCI[.~~lty fi;,~" tl Ir 'y'2:a1 ,GL~ ~ ~~ I~. hc'f~t~~'" ~1.~17('t1, _ til €~i Na ~u _~I:~.~~.) 'v"rith ~31,~~d'+?i!Il~~.t1+1I"~5 If_i" ~~3Ch a"~" ih~' fi~ItiCS 15t~Cf l~c~~4",~. 19 City Council Minutes Monday, December 14, 2009 Page 17 of 18 Expense ~~~~ner~~i F~_u~~i 1~'.~llw~' ~=;1 =;~~n~~ii ~ ru =~~~r M{~Ti~!-_ F~.rT~i 2Fu3 ~~i Ec~rlc,lr~=,: v~~^,,,~_,{~!1ie"* F~snc~ ?=t~:,~2i !_.a!_`M . ~I~v;; can 11~+ ~?~~_! L i7 ra~y° cry E ?~'= Itlfr~"s~tr~l^~tl_It'~ L~tf Gs~~~ != aFitai Ir7~~,r,:.,~~,Tie,it ~:34.5~.:~:= ~':ay:it~~i ~-~-{~iE3=Tit-l-<F~~~4d~~r~ri~n` Furi~.~s 512,C1~ ~ C ~r~ltr:~l l:~t~rar_ _ Ft<rici ~;<; { ~~v+i L FuUr~!° ~ ~t~:.'lcl~ ~t •; .-l-;yeti a`.f!?~ F i ;t (_2~ ~'.fti llt~r i.-~~f 1l EYJ Fvrl L! r ~1 ~.~i~~ ~'i.~~-3 S~',t.er t_ititiit,r Fr.lrT::l 1,oC"v~ 2~? 5te.srr! tic~r'r~r F~rrl~~i ?~~? :~?, Lt ~.a l.~i T'rl%~r`,Slr ~rj _ lu;._i C?r; Total Expense Including Interfund Transfers 33,629~,79~ ~ti~~a!` E. TIi~- r~,t!€i-~ ~rvcl csr~_~_ !~~',~erl~~ tc~ ~..=,,rl thlN exrr/E _~ f;'~.l{r~~tr;f -~ ~ ~_.'ity rrf ~:;c;~urr~!_~ia ;~ ~~Lita ftar,~ I f.3nCS, !.!~{i., r , ~rl~l :i .3+:j ~4t~1~_ r~r4i ta;~ I~^~~: s ~~rlL !_r~r cr=~ ftrirs k;alz~,,,~:.;~ ~, ~~~ hcr~.r~~ft~ r ~ - ": f~_n - `~: r the ,r~a~ ~Cr 1~"~: Revenue l~nerz~', Fl.r•T~.t i C=.'I ~y°' -' I c. ~_::lrirETl.: ili'y" r..~C t-'. iF~'TI~-- Fi:rll+ r ?r.;:'"~~~', E~:.4lltvtsTl i iii+,/r t~ -~_' - F;.iri~ ~,~:;:; ,~.^L;^ C;=~F;E ='rc, pct ~~~,,t~~u in#r~struct!_lre~ 2~':r L'~=t ~_.~31::ItL'~'i ill'j=~1-~:''~r'11~;'tS R_i.~.4:4~i C:a{ ita =4_{~i{.',T-~~! ~. F;~;~I~-rc.eri?r!t Fun'~s~ ~ 12 x:14 !_;iJil_;:;~.,_ii_:titjil FI-I'".:~~, ~ ?~"rt.r~'~~li ~:~rltral ta.~ra~=° Ft:rn~i ;.;a:~t ~r,~~ ~e',';ar t iti~ity F!.l~~;:i 1.%~~u~=L~ ^~~=? `~t~_ rTi ~ic~,•'~~vr Farr=s :?~:~,?.:3?; Total Revenue Including Interfund Transfers 33,62,?95 20 City Council Minutes Monday December 14, ?009 Page 18 of 18 RESOLUTION 2009-197 RESOLUTION ADORTING A BUDGET FOR THE YEAR 2010, SETTING THE CITY LEVY, AND APPROVING THE. HRA LEVY. '~eetion r. Thy :r~Ilti~`v°~run~ s~h~s ~~f I~~c,l~ei~ are ~~t~:, `c,rthe c~lr_x?t ~~e~~°, r~~'ller~~~L~~ G~. t~'t0. u,~or~ the taxai~le ~i"Ci3:'r_=;"Y `I'I ~t~iC~ t_:I~~ ~~f'_;r::Uf7~~.i1 s r~;~~jl'ltf, f_i" tfi~ t: :: !~f i~l.l"(7~5:~'S: Es=_inntte~J t;ener=31 Funu Le•.,r ~~,:~. f i ~' Esi~r~~~te~:I Li::~rary' ~e~J} 73°,3'~?2~ E ,_in~~ate~_I ECi~ F~_t•~;i _r`~.~,~ c'~.~171 Ta;~ 1=~,~v~5'L,142 EE fT F(JR`THEF F;E._ ° 1_`lECt : Ilia. the t_:it;l hay: ~de~u.;ta tu~~ :'.~~latlc:es at7_ ee~rl~, rz: t'a F:a~,~ Iii 1,~ E~:t'u_i I?flil^.I~i;.3' :~nC; I!':trtc'>t ~ra~tl?~:nt~ On tie ,~;:`a~ l.'I.. i~.y~i€inn 6~:!ni. `_+'.`=IS ~1._I:7,+-"+, Vin: r~;;~''c'I'~~ ~.%f=tllrl~tlt?t": ri~~.;f_f ~~i'1~;', ,~illj ~,f:, al'id that ih ~• ~l .`nCr' d~...~;t~:ti' _.~ .ill ~f"its. ;_bG`- t0 !-al'Iv£:~ tl-ie Se~ Eia iG ~c.'V'I _.~ `4~i' tc3,~'P._ ~.3°v ~~l_~-C I'":~ ~~M1 ~'. EE IT FUF~THEFi F:E~ _I_'~-r'EG: T?a: the ~=,Ity sl'~za ~ f~v, 'cr the f=~enrra? ~_ :1, =~~ticrr~ EGA ~J ~crie~ LCIQ''~:, ;I.`ras_s.,+_;r... F~:n.~1 I E he a~t~~snt o~ ~1=~2.z. ,<~G~~~~t iF~,ka~~ ~afet~,r Ettl'citrn~; in the :~~r~~:~ur~t ~~f 5~=~~=~L.1~:+. and r~tC~~!~, ~;P~,lw.tr~SYf, Hale: nrr~ ~~ .~ti~i'I F~,k~'ic C;a`eYy Bul~ i`+;:~ f in ti7e t~n?~t_tr~t'.:f S'~2i:?.'_ .., aid ha: the ct~unt.,~ ai~ldl.~:,r !~ ;iU~ i,?r_u O C.~.lie+:.t tllc~e ~+r ..::I _°`u'le~ ~r1f :aXr?~ ~.r tsti~I° !, ~'~!`:"J. aE IT F~_!RTHER RE~~=~!'`~'EC EY TAE `~:='._'P,C.IL ~=iF T E ~~ iTY ?F ~_: _tU._~P.9E+IA. HEi~~HT~. !_ ~:.! INTY !_:~F .a'~1~='K~,. t:~i`1I~'~Sti~.Tt/.: That ... ~a,.~t~~ r-,~.:k.i°~~r is a~:_hJrizr~-~ t~~ fix a Fr_~Fel't~t t~~r eats tc~r taxes:, C,~~~_ak, _. >t- ~e ;J~?a( ?IaI l] that i5 hlr~. c•f ."~tl the tax eats C8 ~_k<aEed tt~l' Ih8 ~1Ft?J fair i_axe5 $e'~.Ict9 ki_' ?~ll.;~~. Cc~l _.Ca_ia~;t In ~l~~a. TI"te _ It+f i_ ~. . la "el"r^,~r' in~:tl"I.IC rC+'Ci tl'a`">~tl I': 3 ~° ItIC'f CSI J rjf s'=IS f..::Jl€,Efl~~n G '1 ~ _:4^~tAn?'y' f~.,f:t'ttlf ~_af f-1i::tllC,:a 21 PLANNING AND ZONING COMIVIISSION NIINUTES OF THE REGULAR MEETING JANUARY 5, 2010 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek Members Absent: Fiorendino Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meetings of November 3, 2009. All ayes. MOTION PAS~'ED. PUBLIC HEARINGS CASE NUMBER: 2010-0101 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signs BACKGRO On July 13, 2009, the City Council issued asix-month emergency moratorium on the issuance of LED sign permits throughout the city. The rationale behind the moratorium was to study whether newly adopted language pertaining to LED signs was consistent with the intent of the ordinance that the City Council passed. The intent of the LED sign ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon signs to display anly fuel prices was inadvertently omitted from the ordinance. At this time, Staff recommends amending the City Code as it pertains to LED signs to allow far motor fuel stations to only be allowed to utilize LED signage o,~ an existing pylon sign if the message of the displays motor fuel prices only. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. ZONING ORDINANCE Section 9.1.06 (P)(8)1 currently states that "Dynamic LED signs are allowed only on monument signs for conditionally permitted used in all zoning districts, with the exception of motor fuel stations, which may display LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face". 22 Planning & Zoning Commission Minutes Page 2 January 5, 2010 The proposed language would limit motor fuel stations to display only fuel prices as LED signs on existing pylon signs. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. 2. The amendment is in the public interest and is nat solely for the benefit of a single praperty owner. The proposed amendment xlould affect all commercially zoned properties throughout the city and is not solely, for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification.. The amendment would not change the zoning classification of a particular 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 amendment would not change the zoning classification of a particular property. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Szurek asked if the language on page 2 of the staff report is how the current Ordinance reads. Sargent stated it was. He then went on to explain how the language revision would affect what type of advertising messages businesses could display. Schmitt asked if pylon signs were still allowed along University Avenue, and if so, would this prevent those businesses from having LED displays as part of their signs. Sargent stated they could have a LED display of the dollar amount only. He went on to say if this proves to be a problem, the Commission could re-address this at a later time. 23 Planning & Zoning Commission Minutes Page 3 January 5, 2010 She then asked if Jeff, Bobby & Steve's is still. planning on changing their sign. Sargent stated they haven't obtained their permit to do so yet. He said the CUP for a full dynamic display was approved by the City Council prior to the moratorium being put in place, and prior to this change in language to the Ordinance. Schmitt asked if he hasn't obtained the permit by the time the Ordinance becomes effective, would they still be able to get one. Sargent said he has to check with the City Attorney for the answer to that question. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Schmitt, seconded byPeterson, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. MOTION PASSED. The flowing draft Ordinance will go to the City Council at the January 1 l `" meeting for the first reading. DRAFT ORDINANCE NO. ~~~~XX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the follotiving additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor, fuel stations, which may display dynamic LED signs as a part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dvnutnic LED signs tnay occupy no more than fifty percent (SD%) of the actual copy and graphic area. The rernainder• of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dvttamic display area is allowed on a sign face. Section 2: This ordinance shall be in full force and effect fi^om and after 30 days after its passage. 24 PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 5, 2010 NEW BUSINESS- None OTHER BUSINESS Parking Stall Length Discussion- Commission member Thompson had a concern that an 18 ft length for parking stalls may not be adequate especially when there is an adjacent sidewalk between the parking space and the building. He wanted. the Planner to bring back some information so the Commission could re-address this situation. Sargent reminded members that an Ordinance was passed in April 2007 that changed the minimum length for a parking stall from 20 ft to 18 ft. He attached. notes from the meeting where this was discussed and decided. The decision was based on the fact that we are a built out community and we have some very small lots, especially along Central Avenue. Therefore, some businesses need setback variances to meet the requirement of the 18 ft length of parking stalls. If we increase the length, it may prohibit business development due to the size of the lots. He also reviewed the memo enclosed in the packets showing that most of the surrounding communities have the same 18 ft requirement. Szurek said the City Council had no problem with the 18 ft length and she sees no real problem. leaving it at that. It eliminates the need for excessive variances. Thompson said he is not apposed to the present length requirement, but is concerned that if cars and trucks are backed into spaces, they overhang the sidewalk area and thereby create too narrow of an access. The issue is the width of the sidewalks more than the length. of the stalls. He said that maybe by looking more closely at future site plans for sidewalk width would be the best place to focus on this issue. Sargent agreed that each case should be looked at to ensure they meet all the minimum requirements. Schmitt suggested looking at the handicapped spots and. sidewalks adjacent to these spots more closely in the future. She also thought angled parking would eliminate the overhang issue. Gary Peterson thought the Commission should took at one case at a time. If the site is pressed for space in the first place, to extend the length of parking stalls would make the sidewalk areas narrower. Therefore, this does not help make the sidewalk access situation any better. Thompson agreed. He just wanted to make the members aware that they should be taking a closer look at this in the future. The meeting was adjourned at 7:27 p.m. Respectfully submitted, Shelley Hanson Secretary 25 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: January 14, 2010 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish 2009 meeting BY: Walt Fehst BY: ~ ~ t , dates DATE: January 5, 2010 ~ DATE: NO: Back r°~ozind: Beginning last year, City Council Work Session and miscellaneous meeting dates were established for the year in January. Discussion included: The Board. of Review is suggested for Monday, May St", as the first Monday in April is not an option this year. It is anticipated that the Primary Election will be held on August 10, 2010, following Legislative approval. The election canvas meeting is suggested for the day following the primary and general elections. As was last year, it is anticipated that work sessions would be held on the first Monday of each month. Work session meeting dates that fall an a Monday holiday are scheduled for the following day. The last City Council meeting in December has been cancelled for the last several years and a resolution will be submitted in November or December to do so again. These suggestions were applied to the calendar and are attached. Recommended Motion: Move to accept the 2010 City Council meeting calendar as proposed. COUNCIL ACTION: 26 tC M O [~ y.~ rl N N t%f N N O N ° r i -1 i LL ~ O N rl + -I s F M O ~ N °O , r1 ~ -1 07 N G1 ~O M y ri N F +°~ ~ CO - to N O ~ '~ ~ N •u rn ~ m ~ N ~ c ~ ~ C 3 ~ U U E h d' vi 00 ~ rI N N M O 1\ d' rl rt N ~ N C1 t0 M O , ~ ~-i N M i ~ ~ 0 U rl 00 {A N 01 ~ ri N N s ^ ~ N 'd + -I N d 3 tO M O I~ ~ rl N N H to N O~ t0 G rl •u *'~ _ N 'u ~ o ~ o ~ C.)E UE d' ri Gd to ~ rI rl N a ~ a 'lab- o N N r N N O~ t0 M O ri N M ~ rl 00 {A N O~ ' ~ ri N N a: W ~ ~ 0 v I® ef` *~ GO ~ si N N O M '~ ~ -1 N N d 3 ~ ~ O N d? + i F cr ~ .-~ 00 to C ~ ~ •u *'1 'p N •u ~ Y O ~ O O Qf U E U U E M O t~ ~! +i _ ~-1 ~-i N M tp M O 1~ ri N N ~ ~ N O N . r i + -I i d' +1 00 u1 ~ r-1 rl N .~ M O ^ N 'G + -1 r 1 M d 3 N 01 O N M ~ -I F *~ y O N N 01 C v •u ri N •v N ~' Y ~ m U E ~ Ql U E 1~ !t rl 00 = rl N N Ra~nu~~ o u~a~~y o N N to N ~ cD ~ ~ N ' rl i r i IL M ~ ^ N O + -1 + -i t F- N ~ ~ N 'O r i M d ri OO Y'f N C1 O ra N N O H ~ ~ ~ - N N- G a~ 7 -i 'u v ~ ~ ~ ~ ~ U E ~ m V E i 1O ~ N ^ C , -~ n i O 1,111 t"' o 0 N ri 00 LA N 171 ,~.r rl N N to ~ ~ N N ' r 1 i Y. tp M O h O rI N N .>s H ~ N ~ N 'G -i ~ e -1 d 3 ~ N ~ N d? s -1 O F- N Y '1 ~ ~ O 'O m~~ + O N V E ++ U E U N G1 ~ N M C ~~ o r 0 N to et ,rl 00 +.r ri N N 10 ~ M N N . -1 + ` W N N ~ N O + -1 + -I N ~ ~ ~~-1 ~ ~ p r~-1 N c ~ ~ ~ i U o. a 47 M O '~ c ri ~ ~ p I~ rl ~l' N *-~ M O F- o ~ ~ n. a a~ N ~ CT _ tp M _ O C ~ ~ e-1 N •~ M ~ Y ~ a> > o~ ~ v ~ v E ~ ~ ~ N N G ~ -I O x.511 ~ 1"1 0 N M O 1~ ~f" rl ~-i ri N M ~ N G1 ~ N M ' + i i rl 00 fA N 01 ~ rl N N t E- ^ ~ N N 'C + -1 G7 3 y v ~ N N O ~ F- Y ~ ~ 1A N C1 t0 _ 'a :-I a +'1 N 'u O ~ ~ o c ~ ~ c ~ m ° v vE c ~E ct r1 00 to C ri rl N O IC~n~ o N N c+ ca M o ri N M R ri 00 to N G1 . r1 N N ` W ~ N N r l s N ~ M N 't7 * -1 N d 3 ~ O N d ri + -I H d' ~ ~ 00 M- C ~ ri 'u rl N "u ~' Y ~ ~ Q1 E ° ~ d1 ~ c ~ E M A (~ cr rl ~ rt r9 N M a N et .-i ao an a-! r! N ~ M O ^ N ' + -1 + -1 i IL N Q1 tp M O ~ rl N M N ~ ~ ~ N 'C + -i N 3 '^ ~ N N ~ ~ h ~ tp M O h C -o - rl u N - N 'u O ~ ~ a c ~ o, ° c ~ v~ v c ~E vE tt1 N G~ tD = rl ri N 7 aaquaa~das o N at ~ 00 ~n ri r-i N ~ M O 1~ er r1 , rl ~-1 N M L ~'~' ~ 0 ~ 0 v ~ N 01 ~p M O ~ ri N ~ M = 1 - o v ~ O ~ 'a N N d 3 ~ ~ G7 + -i N N F tD v~ M O 1! G ~ ei 'u N N - •~ a~ Y ~ 01 C ~ p1 'S (~J E u U ~ IA N O tD C *~ rl N N aauaa~aa o N t~ M O t~ rl N N ~ ~ N O N ' r l e ~i -p i a~ u' o V et r1 GO tt9 ~ rl -p ri N -p ~ ! - 0 0 U U M _ ^ '~ ~' >~ ~ -1 r N 3 ~~ U ~ N - = d1 t0 M O ~ o rl N M ~ ~ C7 w rl in 00 - LA N O~ G ~ •v r-1 N •~ N ~ ~ Y ~ m °~ ~ o~ ° E v c ~ 1~ d' r-1 00 = ri N N aaquaanoN ° 0 N CITY COUNCIL LETTER MEETING OF: JANUARY I1, 2010 AGENDA. SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION ACCEPTING CERTAIN DONATIONS RECEIVED BY THE CITY OF BY: JOSEPH KLOIBER BY~ ~ - ' ~:~ , -~~' -- COLUMBIA. HEIGHTS DATE: JANUARY 5, 2010 Periodically Finance staff compiles in resolution format a list of private donations received by the City and submits these for formal acceptance by the City Council. The attached resolution 2010-01 is the most recent such. a resolution. 'hhe main intent of these resolutions is to comply with Minnesota Statute 465.03 Gifts to Municipalities. That statute provides that municipalities can accept donations subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should be noted that the statute prohibits accepting donations with religious or sectarian purposes. Staff recommends that the City Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-01, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 201.0-01 being a resolution to accept certain donations received by the City of Columbia Heights. JPK 1001052000NCIL Artachl,nent COUNCIL ACTION: 30 RESOLUTION N0.2010-01 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; DATE DONOR 7/15/2009 COLUMBIA FIEIGHTS LIONS CLUB 7/15/2009 THOMPSON,CHARLES 7/15/2009 KIWANIS COL HTS-FRIDLEY 5/7/2009 "FHE KORDIAK COMPANY 5/7/2009 JEFFS:BOBBY & STEVE'S AUTOWORLD 5/7/2009 NORTHEAST BANK 5/7/2009 FINANCIAL ONE 5/19/2009 CREST VIEW 8/11/2009 COLUMBIA HEIGHTS LIONS CLUB 9/15/2009 T C B PRECISION MACHINING 1/2/2009 TOASTMASTERS 2/27/2009 COLUMBIA HEIGHTS LIONS CLUB 3/25/2009 KIELTY,MARY 5/12/2009 COLUMBIA HEIGHTS ATHLET[C BOOSTERS 1/29/2009 ROESSLER,STF.VE 2/6/2009 NORTHEAST BANK 3/24/2009 SENIOR CENTER 9/9/2009 SHAMROCK CASINO TOURS 12/23/2009 DAMEROW, LOREN SUBTOTAL FUNB 881 -RECREATION 1/12/2009 ANONYMOUS 1!12/2009 ANONYMOUS 5!8/2009 SURBROOK,ELLEN 6/18/2009 WAL-MART FOUNDATION 6/23/2009 CENTERPOINT ENERGY 6/10/2009 FIREMAN'S FUND 2/9/2009 COMMUNITY UNITED METHODIST 212-1/2009 NAWROCKI,BRUCE 4/13/2009 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 4/13/2009 LIBRARY BOARD MEMBERS 5/18/2009 FRIENDS OF COLUMBIA FIEIGFITS LIBRARY 5/18/2009 CHARBONEAU, PHYLIS 5/18/2(109 SISTER CITIES 7/6/2009 LIBRARY BOARD MEMBERS 9/16/2009 FRIENDS OF COLUMBIA HEIGHTS L[BRARY 9/28/2009 DOLLAR GENERAL 1 1/10!2009 BOBBY & STEVE'S AUTOWORLD SUBTOTAL FUND 883 -OTHER TOTAL AMOUNT PURPOSE 100.00 AFTER SCHOOL PROGRAM 50.00 AFTER SCHOOL PROGRAM 100.00 AFTER SCHOOL PROGRAM 25.00 FIREWORKS 100.00 FIREWORKS 100.00 FIREWORKS 250.00 FIREWORKS 50.00 FIREWORKS 1,000.00 FIREWORKS 300.00 FIREWORKS 100.00 MURZYN HALL 250.00 RECREATION 35.00 RECREATION 15,000.00 RECREATION 150.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 445.00 SENIOR. PROGRAM 20.00 SENIOR PROGRAM 25.00 SENIOR PROGRAM 18,300.00 125.00 FIRE 125.00 FIRE 500.00 FIRE 1,00Q00 FIRE 2,000.00 FIRE 7,990.00 FIRE:OXIMFER`~ 30.00 LIBRARY 388.40 LIBRARY 700.00 LIBRARY 25.00 LIBR,tRY 384.00 LIBRARY 27.56 LIBRARY 20.00 LIBRARY 30.00 LIBRARY 68.57 LIBRARY 1,500.00 LIBRARY 38.000.00 HUSET PLAYGROUND EQUIP 52,913.53 71,213.53 BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor-prescribed terms listed. Passed this 11th day of January, 201.0 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk 31 Mayor Gary L. Peterson CITY COUNCIL LETTER MEF,TTNCi OF. JANUARY 11.2010 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ra ITEM: RESOLUTION DESIGNATING OFFICIAL BY: JOSEPH KLOIBER - ~ BY: ~ f ° DEPOSITORIES FOR. THE CITY OF . ~ ~ °~ COLUMBIA HEIGHTS DATE: JANUARY 5, 2010 Each. year the City Council designates by resolution the depositories for City funds and investments. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all. investments must comply with authorized investments as set forth ii5 Minnesota statutes. Although the City's general banking transactions are conducted through Northeast Bank, the City of Colwnbia Heights does maintain accounts at Wells Fargo Bank of Minnesota, N.A. and U.S. Bank for certain ancillary or specialized services. It is staff's recommendation that we maintain these three banking relationships as they meet the City's current needs and, in combination, they provide capacity for addressing the City's evolving needs for electronic banking services. RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-02, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 201.0-02, being a resolution designating official depositories for the City of Columbia Heights. JPK 1001052COUNCIL /Atta~hrt~ent COUNCIL ACTION: 32 RESOLUTION N0.2010-02 DESIGNATE OFFICIAL DEPOSITORIES FOR TIIE CITY OF COLUMBIA HEIGHTS IT 1S HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation. on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer and, that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation°s name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer and, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in aii things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 33 BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this day of , 2010 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 34 CITY COUNCIL LETTER Meetin of January 11, 2010 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ~. ~/ , , ' ~ ITEM: Approve Raffle, Little Voyageurs' BY: Scott Nadeau~~ " BY: _" ~ .. ~'v ®` Montessori School, DATE: Janaury 4, 2 10 DATE `" St. Timothy's Lutheran Church NO. BACI~GRC}ITND The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51St Avenue NE, has submitted a request to conduct a raffle on April 30, 2010 in that same location. A background check lzas been conducted on the Chief Executive Officer, Dena Froiland. ANaLyslsicolveLUSION Since the organization satisfies the City Council resolutian regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the fallowing action. RECCIMMENDED 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 raffle event to be conducted by Little Voyageurs' Montessori Schaal at St. Timothy's Lutheran Church, 825 51St Avenue, Columbia Heights, on April 30, 2010; and furtliennore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. kao Attachments COUNCIL ACTION: 35 page 1 of 2 7/09 Olll 11/YVW4Gl W.E/YY/4(/ ViHI/lM•/f/LJ lication fee A I..~22® ~~~~~tu~~~Q~ '~®C ~X~~Blp'~ ~~~'E"tll~ pp Ifa (ication astmarkedorreceived: An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and less than 30 days before the event mare than 30 days before the event - awards tens than $50,000 in prizes during a calendar year. ~~~~ $5U ORGA~[ZATI®N 1[1~F{)R~1It,A'i'6t311i Check# ~ Organization name '' ~~ Previous gambling permit number ~ ec.c~s ` / ~,t~fe ~©n ~essa~'i~ ~~l~~o~ X ~~.35~ U ~_ V~~~ l~©~ ~ ~ _ _ _ ._ -- ~--~----_._-__.._..__..__..__........__.-_ _- -_ -__-.- -~ Type of nonprofit arganizat't7>n. Check one. Fraternal ,~~ Religious ~ Veterans ~ Other nonprofit organization ~ ~ ~ City ~ 5tate Zip Cade ^~ County Mailing address ~32.~' ~ /mot r9-v~el~l~` ~v/t,~m~vic~.~~°~ iS~s /-tlN 55~2~ .~no~'c~, me of chief executive officer {CEO) Daytime pho dress ne numberE mail ad N a d p / -r.,/GJ')e2 ~Y~/ICL.i1Gk° j7e!ti~-'7~S'CS'-(}ta'e~ ~ ~UlYISC'~lOt~/[~ CC~IOb Attach a Dopy of URiE of the fallowing far proof of nonprofit status. Check one. Do not attach a sates tax exempt status or federal"ID employer numbers as they are not proof of nonprofit status. ^ Nonprofit Arti Iles 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 Build'sng, S#. Paul, MN 56155 Phone: 851-298-2803 iRS income tar exemption [504(c}l letter in your organization's name. Oan't have a copy? To obtain a copy of year federal income tax exempt letter, have an organization officer confect the tRS at 877-829-5500. IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS fetter.showing your parent organization is a nonprofit 601(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. ® lR5 -proof previously submitted to Gambling Cantroi Board if you previously submitted proof of nonprofit status from the {RS, no attachment is required. GA~f1BL[NG PREIV[[SES [I~FORNfATICDf~ Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Cl3C'GZ~C~ @ ~/ . V ~~L/"S` r Ot7TE.,,-`'.SoIG ~~[7Ut ,~.~Lr"rracr~`ht.'s~L,~hC~rCi,~ChGf ~~ ~ ^ box} Address (do not use l~ City Zip Code County 8.2J`-" ~%`~``_~v~ /11~ ~ulurr~f~cc. Y`~~'s9.~~s ~/IIf~ 5.5'~~.z/ f~--r~o.~'2 _ Date(s) of aativity (for raffles, indicate the date of the drawing) - heck the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* .Baffles ~ Paddlewheeis* ~ Pull-Tabs* []Tipboards' * Gambling equiptnent: for pal!-tabs, bingo paper, tipboards, and Aiso complete paddlewheels must be obtained from a distributor licensed by the e 2 of this farm Pa . g Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be ban•owed €rom another organization authnrized to conduct bingo. Prim Form , To find a~'licensed distributor, go to www.gcb.state.mn.us and click on List Reset Forrrt: of Licensed Distributors, or call 651-639-4075. ~n7 36 LG22O Applic~tio~l for exempt Permit Page 2 of 2 7/Q9 L.QG~~.'U'N9"f Q~ ~C~V~RNi1~ENT ACKNOW LirD,G~lIENT If the gambling premises is within city limits, If the garrrbling premises is located In a township, a a city official must check the action that the city is county official must check the action that the county is taking taking an this application and s"tgn the application. on Phis application and sign the application. A township o~aial is not required to sign the application. The application is acknowledged with no waiting period. The application is acknowledged with no wasting period. _The application is acknowledged with a 30 day waiting +,The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Baard to issue a permit after 30 days (60 days fora 1st class city). days. _The application is denied. _The application is denied. i'~j i P ~ ~ ~ Print county name y rint city namC ~ ~,,, On behatf of the crty, I acknowledge fhi apptication. On behalf of the county, t acknowledge this applicafian Signature of county official receiving application Signafur of city official r' ceiving application ~~~, Title Date / 1 (Optional} TQWNSHIP: On behalf of the tawnship, Titl (tL ~ Date r~l t~ (~ ! ~CIG7 ~ acknowledge that the organization is applying for exempted gambling acfivity within township limits. (A township has no statutory authority to approve or deny an apptication MMinnesota Statute 349.1 GG)j Print township name Signature of township official acknowledging application Title date / 1 CHtEi' ~XECUTI!!E t~Fi=fCER'S SIGNATURE The information provided in this apptication is complete and accurate to the best of my knowledge. t acknowtedge that the financial report wilt be completed and refuri d to the Board within.~0 days of the date of our gambting activity. Chief executiue officer's signature L! !.r!~~~!~ G3ate l,~ 1 Cornplete a separate application for each gambing activity: Financial report and recordkeeping required - one day of gambling activity, A #inancial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill-in farm available at -each day a raffle draUring is held www.gcb,state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - 8 cupy of your proof of iiviiprt7i t Stat+.i&, and Cambling Control 3oard. -application fee for each event. Questions? Make check payable to "Ste#e of Minnesota." Cali the Licensing Section of the Gambling Gantroi To: Gambling Gontrol Board Board at 851-639-4076. 1711 W C B i 3 S est ounty Road , Su te 00 outh Roseville, MN 55113 print Form Reset Form Bata privacy. This form wilt be made available in alternative format (i.e. large print, Braille} upon request. The informakion requested on this form {and any attachments} witt be used by the Gambling Control Board (Baard} to determine your qualifications to be involved in lawful gambling activities in {l9innesota. 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 io determine your qualifications and, as a consequence, may refuse to issue you a permit. if you supply the information requested, khe Board will be able to process your apptication. Your name and and your organization's name and address wilt be public information when received by the Board. All the other information you provide vrill be private data unlit the Baard issues your permit. When the Board issues your permit, aft of the information provided to the Board wilt become public, If the Board does not issue a permit, a!I 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; legislative Auditor, national and international gambting 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 for which taw or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 37 LITTLE V~Y~taEIiRS MIOi~TESSOR9 S~~iO®[. KARE~9 S~IiiTFf 825 - 51ST AVE. NE MINNEAPOLIS, MN 55421-1747 PAY TO THE ORDER OF_ Five StarSaviaG'uannrxd® USbBnk.COR1 MEMO rooq ~oooo ~ ~~: ~ ~s~,o ~80~8 3 ~ r~-21sro 4 316 r rsaolaaaear F ~~~,," ~© Swwhie~wn _DOLLAR5 r ~a~ . ._ ,.,~..+J :%. ~.. .'-'°"'^=.~._.. _'~ '.:'d;:'-^:.:'.?^e-;r.=F.erfr`!.....J. :'.7.^. .. ....~. ~ ... ., .2~".:~'...~..._:.ar.zaf:~:n«-,t;.....,..::2kT:-" .. ...._ .". -. r --,u .....rvtta.-._. ..vi:, e5 CITY COUNCIL LETTER MEETING OF: January 11, 2010 AGENDA. SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: WILLIAM ELRITE BY~ ~ ~ ~°~„' -- NEWSPAPER FOR 2010 NO: DATE: DECEMBER 29, 2009 Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published at least twice monthly. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are three newspapers serving Columbia Heights that meet the criteria: Sun Focus News, the Northeaster, and the Star Tribune. Based on rates charged to commercial customers, Sun Focus News is the least expensive alternative. The Star Tribune's 2010 rate is $3.40 per line for legal notices. The following is a comparison of the 2009 rates to the 2010 rates for the Sun Focus News: 2009 Rate 2010 Rate One Column Vb`idth: Per line, first insertion 0.99 099 ($990 per col. inch) Per line, subsequent insertion 0.55 0.55 ($5.50 per col. inch) Neither the Star Tribune nor the Sun Focus News has increased their rates for 2010. A quote was not requested from The Northeaster as they have declined to provide a quote the past two years. RECOMMENDED MOTION: Move to designate Sun Focus News as the official City newspaper for 2010 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. v v WE:sms 0912292COUNCIL Attachment: COUNCIL ACTION; 39 1 i r Hr.,au<tta ~ ~ 31t17 Pe~ft•Y€3f ';uuiu,trr &98..46 D 9 B49!~ i e,.. ~ ~~ ,~r;1r~,,, ~ ~ t I°aIe~vspa~3e~r~ ~ s C' ` ia•v.'~r.mnstrn.tom 1 rFi l:as! hirer ~(~)~ I3. Maio St. 33 Secrntd St i~.F:. IOrJU Valley ~'ie~i~ Road f~ E1m Street SouU~ I':3I C:'urvo Crest Bh'd. Monticello. It4N 5536'? b7clrose, MN Sb35Z Osseo. MN 553h9 Eden Prairie. h4t~' 753-1=1 1'ti'sconia. MN X5357 Stirlwater. ;41N 55t)S? (~Joveraaber 2009 City of Colun~~l)i~a Hc~icPubs City Cocuacil 59C7 ~fOth !-~vel~rac (~~E Co(rm~hia (-leights. MN 55121 Dear City Council MernOers~ T(~~e Strn-Fr)r~irs would( Like to ho ~~on~~~idc~~lt?rl f~)r c(esit~natiorr ~~rs the Ie~{al nevG~spaper foe the City of C;olurnOia Neicthis for the ci(:)cola~IncJ 1,~r_ar. AI! t:)ublisl~~ecl Ir~cla! notices ~~it~ Oosteri e~,r~ r_~ur v~ti~~Osit~ (~~lu~J~-v.1~~~175~rn.col~~) <:rt no ar~ditional ch~~rf~e. This is rein enl7a17c;orT~ent to t(~re IoC~rl ne~''v'S c;rwt'rt3cfP ~tlreriri,~ ,:+vaila(~Ic~~ can ti7e haternet and will I:~raaden thex readership of your le~t.t~rl n«ticr~:,. One e>f tlle~ larriin heneflts of pufalr~l7in~{ yr~ur Ie~gr~~l notices ~:~~itia the Stm-Fc~et~:_> is ot_ir home dr~livr~r''r Sr.rn ('~ies^as(~tr{:;ens hers t)ecora7:~ tlaer (~rrln~~~r}, ~;r~lilCe' of camn7ur~~it~,r nc'~~:t'> na the suburi~s. Youi lac~~flcr_s ua c>r.rr gaper t~a~,te the I~est cf~arrr_,e of Or~u~tc~ ~~r~c.~~~ and rer_ld t~espite risinf.} r;t~sts of ~_7p€:~railnet r)nl ~-~~~~~-~~~pr.ct)ers, thE~lF' ti~illl t~~E~s nu late, increasr~. Otu~ Icrtc~l piicf=s vii! rern~rin f(-re same. Thc~ ratr.~ ;truc;turr~ ft~r lee;ais effc~r;ii~~r~ ihrs tli:~t r:~f ti~~e venal ~~tiElll (sr~~. 1 colulrrn ~~~~idti-I: ~> .f3C} per lilac. - {:,c;i n~sertion (:~r.20 pr_-:r c,.~l. in~,ht `~ .55 per line - "rlhsectr_lent ir7seriions ig,~.SU per cc>I. Inch) Th~;re are 7 0 (n Iris peg n~~c;h. Our colc.rrnn s aro '1 1 t picas 10 points v~tide~ Becausr~ t~llc,r:~ cola~parisons bete~~e~en Irc~4:~s(a~apers are difficult clue to differences in colr.rmn 4vic(th. font size, F;ic.. ;~~e would tJe 17a(~py tc~ pr~wicfe rt (~rice~ t(rlotc~ on ~ir~~ c~-mailed su(~rr~issian. ~rwo notarized affidavifs on each of yr~l_Ir Oubllc~rtians will Ise f~7r~widec( vvltt7 no addition<21 Chargr~. The de~idlinc~ for regular leragth notlcc~s is t 1:(70 a.m. the Monday prior to prrl:)lic<afiola. E-rtt~:~iiint:;f tl-re lecl~:~I notic:es is arc efficient and ~~ccElr<ate !^rav of getting tfac-~ notices to GIs. The e-mail cadc~aress fc)r file scroniy~lc ase!tconitar_,t mre,r~c~~lar~~t,ac~rpr~a{aors.com_ If you re=quire rr~orF~ iraform~ttion to n7ake your dk~ci- J ( 1 ~ y /inn C~rrlsor7, our Lc~gals } iepreseni~rtive. at 052-392-6829. Thrzn(< yor.l for Consider"Ing the Sun-Focus as itie official nel~.~s{:a<;Iper for yoiu coniraurnity. Sincerely. .. --~ -' , . .- r Jeff C:oolmran Vier-~ Prr~sidc}nt ,uad croup Prrl~li~:;her In tlac~ C'n~~t~araftlity ~ Gait{z nc~~ C~~~u~rrr~lif>> ®For• tlac~ Con~r2ttr~linr CITY COUNCIL LETTER Meeting of January 11, 2010 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY Consent Agenda Fire MANAGER APPROVAL NO: LTEM: Firej-lghter Relief Assoc. BY: Gary Gorman BY: , E_ anuary Background: State Statute 424a.04 mandates that the City Council annually appoint two trustees to the Columbia Heights Volunteer Firefighters Relief Association board of trustees. Under the Statute one of the trustees must be an elected official and the other can be an elected or appointed official. In the past the Mayor and City Manager have been the two trustees appointed to the board. Analysis/Conclusions: To maintain consistency, and. to follow State Statute the Columbia Heights Volunteer Firefighters Relief Association is requesting the City Council to appoint the Mayor and City Manager to the board of trustees. C€3i"~'~r~l`~~~13 Pdli€'i~'Il?PiT: jvlove to appviiit the Mayor and City 1Vlanagel to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2010. ~°' 41 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of January 1 1, 2010 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meetin date: g Fire No. a ITEM: Authorize extension of Fire service contract with City of BY: Gary Gorman Hilltop. No: DATE: January 4, 2010 Background: Far many years the Fire Department provided EMS services to the City of Hilltop. In 2004 the City entered into athree-year agreement to provide fire and EMS services. The contract was extended in 2007 for another three years. The Fire contract uses a per capita formula with the Fire Department budget and a capital costs formula so that the citizens of Hilltop pay the same amount for the service as the residents of Columbia Heights. The proposed increase for 2010 is a 13.$% increase over 2009 with a 4% increase in each of the second and third years. The City of Hilltop approved the contract at their December 21, 2009 Council Meeting. RECOMIVIENDED MOTION: Move to authorize the Mayor and City Manager to enter rota athree-year Fire and EMS service contract with the City of Hilltop starting January 1, 2010 and extending through December 31, 2012. COUNCii, ACTION: 42 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR FIl2E FIGI3TING AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights", and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a Fire Department suitably equipped for fire fighting and emergency medical service; and WHEREAS, Nilltop has no adequate fire fighting equipment of its own, and desires to obtain the use of Columbia Heights equipment, and the services of its firefighters, instructors, inspectors and emergency medical responders for the properties and persons within the territorial limits of Hilltop, Anoka County, Minnesota. THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop fire fighting services and emergency medical services to the same extent as is afforded to residents and properties in the City of Columbia Heights by the Fire Department of Columbia Heights, including fire suppression, Minnesota State Fire Cade inspections, fire education programs in schools, public education, and emergency medical services, including all administrative and capital costs associated with said services. SECTION II That as and for compensation, Hilltop shall pay to Columbia Heights for fire fighting and emergency medical services the following amounts covering the periods corresponding thereto as described below, to-wit: January 1, 2010 -December 31, 2010 $59,556.50 January 1, 2011 -December 31, 2011 $61,647.99 January 1, 2009 -December 31, 2009 $63,823.14 Said 2010 payment includes a service fee of $ 52,287.16. Said 2011 payment includes the 2010 service fee plus a 4% increase. Said 2012 payment includes the 2011 service fee plus a 4% increase. An annual capital contribution for equipment in the amount $7,269.34 is included each year. 43 SECTION III That this Agreement is for a term of three (3) years beginning January 1, 2010, and shall remain in effect until December 31, 2012. Either party may terminate this Agreement for substantial and material breach of the terms of this Agreement upon five (5) months' prior written notification to the other party. That Columbia Heights may terminate this Agreement upon forty-five (45) days' written notice when any semi-annual fee required to be paid by Hilltop has not been received by Columbia Heights during normal business hours thirty (30} calendar days after July 31 and December 31, respectively. Payments made thirty (30) days after July 31 and after December 31, respectively, but prior to the forty-five (4S) days' notice of cancellation, shall void the cancellation. Further, should substantial and material changes in conditions occur which are beyond the control of the City of Columbia Heights such that performance by Columbia Heights becomes impossible, then this Agreement can. be terminated by Columbia Heights upon five (5) months' written. notice to Hilltop. SECTION IV Payment adjustments for following contract terms shall be based on per capita calculations based on the respective populations of Columbia Heights and Hilltop, including changes in populations, the Columbia Heights Fire Department budgets for 2010 for the prospective contract term of 2010 through 2012, and taking into account actual equipment purchases minus any state and federal grants, aids or contributions. Population figures for Hilltop and Columbia Heights shall be based on the then most recent populations figures compiled by the Metropolitan Council. On the effective date of this Agreement, the parties hereto have had discussions about farming an Emergency Medical Services Taxing District (EMS District) covering the corporate boundaries of Columbia Heights and Hilltop. If created during the term of this Agreement, any taz revenue generated from Hilltop should be used to offset the costs of emergency medical services pravided hereunder. SEOT ION i% That where deemed necessary by statute or by law enforcement agencies, arson investigation services shall be rendered by Columbia Heights to Hilltop. Said services shall be rendered at a rate of Forty-Five and no/100 Dollars ($45.00) per hour, plus expenses incurred by Columbia Heights for gathering and processing evidence. Columbia Heights shall notify Hilltop in advance should estimated. arson investigation services and expenses exceed Fire Hundred and no/100 Dollars ($500.00) per investigation. That where deemed necessary by the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent}, and emergency abatement for the health and safety of residents or to secure property, said expenses shall be rendered at the actual costs of the emergency abatement. 44 SECTION VI That payments of the fees under the terms of this contract shall be due and payable by Hilltop to Columbia Heights as follows: January 1, 2010: $29,778.25 July 1, 2010: $29,778.25 January 1, 2011: $30,823.99 Julyl, 2011: $30,824.00 January 1, 201.2: $31,911.57 July 1, 2012: $31,911.57 Arson investigation and emergency abatement fees shall be due and payable by Hilltop to Columbia Heights within thirty (30) days of receipt of invoicing by Columbia Heights for said investigation or emergency abatement. Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION VII That the operatian of the equipment and the direction of its use at the scene of the fire, together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent). The question of fact in each instance as to whether or not the fire equipment and personnel of Columbia Heights are ready and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in command or agent. As a member of a mutual aid fire fighting pact, Columbia Heights may commit equipment of pact partner communities, as needed to fight fires in Hilltop, should Columbia Heights equipment be deemed unavailable by the Fire Chief next in command or agent. In the event that the Fire Chief or next in command determines that Coluibia Heights equipment to be insufficient to fight a fire or fires in Hilltop, necessitating the need to coininit equipment of a pact partner n ~iv2ity~ I-~illtay~ Lr aec t.e p y .~ r1~ti~ 1 f T. T--i ~l .-1 .a C t..~,> rl /1!1(ul Cvmmu, y, , , ,v Y abrv o ~v a un adui~avna, Shin ^v ~ ~v'^v ~.i,in reu anu .~e°v'en anu i~o~ ~v Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payments to the pact partner community for the purpose of defraying the expense of that pact partner community incurred through responding to a Hilltop fire. SECTION VIII That this Agreement contains the entire agreement of Columbia Heights and Hilltop and no repreSeiitatioi'is, iiid'uCementS, proiniSeS of ally ot~ier agrceiTieittS, oral yr other"wise, nVt embodied herein, shall be of any force or effect. 45 SECTION IX That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of firefighting, emergency medical, and inspection services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited. to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and. the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION ~ Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon thirty (30) days' written notice to Hilltop. 46 IN WITNESS WHEREOF, Columbia Heights and. Hilltop have caused this Contract to be duly ratified by their respective Councils and executed pursuant thereto as of the day and year first above written. Dated this day of Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation By Jim Hoeft, City Attorney For Columbia Heights Approved as to farm: By Carl J. Newquist, City Attorney for Hilltop Jerry Murphy, Mayor and Ruth Nelsen, City Clerk By Gary Peterson, Mayor and Walter Fehst, City Manager CITY OF HILLTOP A Municipal Corporation By 47 HILLTOP CONTRACT CALCULATIONS 2010-2012 Hilltop Population (2000} 766 Columbia Heights Population (2000) 18520 Combinded Population 19286 2010 Fire Budget $ 1,316,387.00 Fire Budget Divided By Combined Population $ 68.26 Hilltop Population x Per Capita $ 52,287.16 Total Annual Cost Capital Equipment $ 183,057.13 Annual Capital /Total Population $ 9.49 Hilltop Population x Capital Per Capita $ 7,269.34 Total Fees Per Capita $ 59,556.50 48 City of Columbia Heights, Minnesota Hilltop Capital 2010 CAPITAL EQUIPMENT LIST VEHICLE DESCRIPTION YEAR PURCHASE PRICE REPLACEMENT YEAR REPLACEMENT COST Engine # 1 1250 GPM Pumper 1996 $ 239,000.00 2021 $ 350,000.00 Engine # 4 1250 GPM Pumper 1985 $ 165,000.00 2010 $ 350,000.00 Aerial #15 109' Quint (Grant} 2004 $ 141,988.00 2034 $ 650,000.00 Rescue # 3 SUV Utility 2007 $ 45,001.00 2012 $ 50,000.00 Rescue # 1 Heavy Rescue 1990 $ 113,668.00 2020 $ 160,000.00 Rescue # 2 Braun Ambulance 2002 $ 70,591.00 2017 $ 80,000.00 SCBA Air Packs 2004 $ 125,000.00 2014 $ 190,000.00 Air Compressor (Grant) 2005 $ 1,970.00 2020 $ 55,000.00 Public Safety Buildin 2009 $ 9,520,000.00 2049 Total $ 10,422,218.00 $ 1,885,000.00 ANNUAL COST OF EQUIPMENT BASED ON LIFE EXPECTANCE VEHICLE DESCRIPTION YEAR PURCHASE PRICE REPLACEMENT YEAR REPLACEMENT COST Engine # 1 1250 GPM Pumper 1996 $ 9,560.00 2021 $ 14,000.00 Engine # 4 1250 GPM Pumper 1985 $ 6,600.00 2010 $ 14,000.00 Aerial #15 109' Quint 2004 $ 4,732.93 2034 $ 21,666.67 Rescue # 3 SUV Utility 2007 $ 9,000.20 2012 $ 10,000.00 Rescue # 1 Heavy Rescue 1990 $ 3,788.93 2010 $ 5,333.33 Rescue # 2 Braun Ambulance 2002 $ 4,706.07 2017 $ 5,333.33 SCBA Air Packs 2004 $ 12,500.00 2019 $ 19,000.00 Air Compressor 2005 $ 2,626.00 2020 $ 3,666.66 Public Safety Building 2009 $ 129,543.00 2049 Total $ 183,057.13 $ 92,999.99 Cost of Capital Equipment Per Capita $ 9.49 $ 4.82 Total Population 19286 Columbia Heights Population 18520 $ 175,754.80 $ 89,266.40 Hilltop Population 766 $ 7,269.34 $ 3,692.12 Next/Hilltop Capitol 49 CITY COUNCIL LETTER Meeting of January 11, 201.0 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman B~ BY: Licenses - - NO: DATE: January 4, 2010 DATE: Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 11, 2010. COUNCIL ACTION: 50 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 20083 Applegate Management Property Address: 4645 WASHINGTON ST 10168 City Central LLC Property Address: 411 Summit ST 30040 City of Columbia Heights HRA Property Address: g65 40TH AVE NE 30062 Equimax Real Estate, LLC Property Address: 4650 JOHNSON ST NE 30108 Equimax Real Estate, LLC Property Address: 3746 STINSON BLVD 20093 HNA Properties Property Address: 4616 TAYLOR ST NE 30175 Housing Plus Property Address: 3806 STINSON BLVD 30034 Midwest Management Property Address: 2200 39TH AVE NE 30066 Midwest Management Property Address: 3839 HART BLVD NE 30092 Midwest Management Property Address: 3838 MCKINLEY ST NE 30109 Northeast SeninrS I-It~USireg CQrp4ratiDn Property Address: 3850 STINSON BLVD 30009 PMJ Town Homes Property Address: 4301 3RD ST NE 30011 PMJ Town Homes Property Address: 4255 3RD ST NE 10246 RP Management Properly Address: 3705 QUINCY ST NE 20278 Ahmed Abdelhakim Property Address: 4518 FILLMORE ST NE - 4520 NE FILLMORE ST 01 /04/2010 12:30 51 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10292 Ali Mirdanadi Property Address: 4138 QUINCY ST 10223 Armad Kian Property Address: 4800 4TH ST NE 12013 Carlos Arcos-Martinez Property Address: 5230 4TH ST NE - 5228 4th Street 10139 Constantina Byers Property Address: 1011 41ST AVE NE 30179 Cynthia Klum Property Address: 3826 STINSON BLVD 20248 Daniel Hecker Property Address: 4540 TYLER ST 10053 David Hodgman Property Address: 4047 6TH ST NE 10173 Diane Lawrence Property Address: 4029 RESERVOIR BLVD NE 20149 Ernesto Payan Property Address: 4519 TAYLOR ST NE - 4521 Taylor Street 10025-RY Gudina Hambissa Property Address: 548 LOMIANKI LN 10025=RY Oudina I-IamE/issa Property Address: 548 LOMIANKI LN 20272 Ismael Omer Property Address: 1336 43 1/2 AVE NE - 1338 NE 43-1/2 AVE 10231 Jason Parker Property Address: 3827 RESER~JO!R BL ~~D 12030 Jessica Waletski Property Address: 615 51 ST AVE NE - 617 51ST AVE NE 10189 Joe Yard Property Address: 4807 JEFFERSON ST NE 01 /04/2010 12:30 52 Page 2 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name 20110 John Zezza Property Address: 4055 UNIVERSITY AVE - 4057 University Avenue 20113 John & Allison Richter Property Address: 3746 3RD ST NE 20205 Julio Medina Property Address: g43 42ND AVE NE - Up/Down 12032 Kenneth Kronstedt Property Address: 5242 WASHINGTON ST - 5240 Washington Street 34006 Kris Knox Property Address: 626 40TH AVE NE 30063 Mario Valtierrez Property Address: 3849 EDGEMOOR PL NE 30102 Maumer Sekizovic Property Address: 4640 POLK ST NE 10099 Muhidin Warfa Property Address: 4134 7TH ST NE 30154 Raees Chohan Property Address: 4341 TYLER PL NE 30035 Robert Mikulak Pr/op/e~r~t+y Address: 228 40TH AVE NE 20206 Rvn Sanfvru Property Address: 4914 TYLER ST - 4912 Tyler Street NE 10301 Scott Tungseth Property Address: 1010 43 1/2 AVE NE 12186 Weston Wiggins Property Address: 4144 nnnDISON ST 01 /04/2010 12:30 53 Page 3 CITY COUNCIL LETTER Meeting of: Januarv 1 l , 2010 AGENDA. SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~, ~ ~ ~ NO: DATE: January 6, 2010 BY: , %' BACKGROUNDiANAL~SIS Attached is the business license agenda for the January 11, 2010 Council meeting. This agenda consists of applications for Contractor licenses far 2010. At the tap 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. RECOMII~NDED MOTION: Move to approve the items as listed on the business license agenda for January 1 1, 2010 as presented. COUNCIL ACTION: 54 TO CITY COUNCIL January 11, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Timco Construction Inc. 14700 28t" Ave No #40, Plymouth *McQuillan Bros Plumb & Htg 688 Hague Ave, St Paul *Metro Testing 31222 Cedar Crk Rd, Hinckley *Duall Services 636 39t" Ave, Col Hts *Master Mechanical Inc ].027 Gemini. Rd, Eagan *VanKirk Htg & Air 4505 Crosstown Blvd, Ham Lake *Steinkraus Plumb Inc. 112 E St" St #101, Chaska *Kraus Anderson Const 525 So. 8t" St, Mpls Sowada & Barna Plumbing PO Box 188, Cedar *HO Soderlin P1 & Htg 3612 Cedar Ave S, Mpls *Wenzel Htg & AC 4145 Sibley Memorial Hwy, Eagan *West Air 11184 River Rd, Hanover Wellington Window 3938 Meadowbrook Rd, SLP *Assured Htg & AC 13571 Balsam Ln N, Dayton *Team Mechanical 3508 Snelling Ave, Mpls *Century Plumbing 590 Hayward Ave N, Oakdale *Larson Plumbing 3095 162nd Ln, Andover Northland Mechanical 9001 Science Center Dr, New Hope *Dependable Indoor Air 2619 Coon Rapids Blvd, CR *Sedgwick Htg 8910 Wentworth Ave S, Bloom *Ramrod Inc. 2343 Station Pkwy, Andover *Genz Ryan Plumb & Htg 2200 Hwy 13, Burnsville *Egan Ca. 7625 Boone Ave N, Brk Pk *Bhte Water Plumbing 5026 Alpha Rd, Princeton *Nasseff Mechanical 122 S. Wabasha St, St Paul Crosstown Masonry Inc 1322 l 59t" Ave NE, Ham Lake *Ryland Haines 7599 Anagram Dr, Eden Prairie Local Plumb/Plumbing Guys PO Box 2066, Burnsville *n _.._ n I~UW Ruutci' Jer V il:es i n c~,,nn ~~th n _._ ~.r t i_ 1'tJJV L / KVC 1V, PlylnOutll *Southtown Refrig.Inc 6325 Sandburg Rd, Golden Valley Sam Hendrickson Pl & Htg 29901 725t" Ave, Dassel Associated Mechanical 1257 Marschall Rd, Shakopee *Gilbert Mechanical 4451 W 76t" St, Edina $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 *Arbortech Stump/Tree 6332 Rhode Island. Ave, Brk Pk $60 *MN Tree Experts 7527 Oliver Ave N, Brk Pk $60 Payless Tree Service PO Box 172, Cottage Grove $60 *Rainbow Tree 11571. K-Tel Dr, Minnetonka $60 55 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 11, 2010 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 l 32930 through 133290 in the amount of $ 3,435.322.09 . 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HNNNNNNMMMd'd'd <t'd'd'~t'd'd'19101O 1O 1010h h[O CO CO NCO [O CO w a a H H U r.~ a z x xl I W ~ I cn w H~ x~ ~a H 0.1 W x w ~a H (p O a~ O o U ~ O o 0 ~ ~ y+ o ui H~-la H C7 C7 U H m Z o W ~v ~ N ~I W N O tp ri +~ a ~ p In -~-I W M x m ~r H x Q m U N U I I I I I I E W ri i O H •• I U u~ m I U f''1 I Cn •• I M I ~ a ~+ I z I H H 1 '.~, U o W W I U z r ~ Z N W I U H \ (Y, w ~ o x x l x ~ o m 0 N N M I[1 M ~r m W x a a H O H CITY COUNCIL LETTER Meeting of January 11, 2010 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:. ` Revocation ,_ DATE: Jan. 4, 2010 DATE: NO: 10-03 to IO-OS Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 201.0-03 - 4506-08 Fillmore Street 2010-04 - 1026 40t" Avenue 2010-OS - 4305 2°d Street far failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010-03, 1.0-04, and 10-OS being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2010-03, 10-04, and 10- 05 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A} of the rental licenses listed. r'(1T Tj~Tf i~, A ('T'I(lN; 69 RESOLUTION 2010-003 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.408(A) of that certain residential rental license held by Chris Mehalovich (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4506-08 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 30, 2009 of an public hearing to be held on January 11, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 12.2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 30, 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 schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U4506 is hereby revoked; 2. The City will past for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 70 All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 71 RESOLUTION 2010-004 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 Raees Chohan (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 1026 40`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 21, 2009 of an public hearing to be held on January 11, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 17, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 21, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on January ~, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the fallowing conditions and violations of the City's Property Maintnenance Cade were found to exist, to-wit: a. Shall remove al] storage in the hallways b. Shall repair the front entrance door that is not closing/locking. Front door shall close and lock on its own c. Shall ensure that all entrance doors are latched and locked at all times. Building must be secure d. Shall remove all storage from back stairwell e. Shall remove the combustible storage under the rear stairwell f. Shall replace the doorbell for unit #4 that is missing That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 72 1. The rental license belonging to the License Holder described herein and identified by license number F9938 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. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 73 RESOLUTION 201.0-005 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) ofthat certain residential rental license held by Martin J. Walk (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4305 2°d 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 Hol_de_r on December 15, 2009 of an public hearing to be held on January 11, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Cohunbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 30, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 15, 2009 inspection office staff reviewed the property file and. noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found. to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 04305 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; 74 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 CITY COUNCIL LETTER Meeting of January 11, 2010 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman __ ~~ EY: - i Abatement ' DATE: January 4, 2010 DATE: NO: 10-006 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2010-006 - 3730 Tyler Street N.E. for failure to meet the c-equirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-006 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2010-006 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: %/ 76 RESOLUTION 2010-006 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Anthony Griffith (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3730 Tyler Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via. regular mail to the owner of record on December 17, 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 November 17, 2009 an inspection was conducted on the property listed above. Inspectors found. violations. A compliance order was sent via regular mail to the owner at the address. 2. That on December 17, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 29, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove any and all outside storage That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3730 Tyler 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. 77 ORDER OF COUNCIL 1. The property located at 3730 Tyler 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 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~a COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 1 1, 2010 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1575, being a BY: Jeff Sargent, City Planner BY: ~`' '~ ~ F Zoning Amendment as it Relates to LED Signs DATE: January 6, 2010 ` "~` for Motor Fuel Stations BACKGROUND: On July 13, 2009, the City Council issued asix-month emergency moratorium on the issuance of LED sign permits throughout the city. The rationale behind the moratorium was to study whether newly adopted language pertaining to LED signs was consistent with the intent of the ordinance that the City Council passed. The intent of the LED sign ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon signs to display only fuel prices was inadvertently omitted from the ordinance. At this time, Staff recommends amending the City Code as it pertains to LED signs to allow for motor fuel stations to only be allowed to utilize LED signage on an existing pylon sign if the message of the displays motor fuel prices only. RECOMl'~[ENDATION° The Planning and Zoning Commission. held a Public Hearing for the request on January 5, 2010. They voted unanimously to recommend City Council approval ofthe zoning amendment relating to LED signs for motor fuel stations, with a 4-0 vote. RECOMlYIdENDED MOTION: Move to waive the reading of Ordinance No. 1.575, being ample copies available to the public. Move to set the second reading of Ordinance No. 1575, for Monday, January 25, 2010, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1575 (1 "` Readirt Format), P+Z Re ort COUNCIL ACTION 79 ORDINANCE NO. 1575 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia I-leights does ordain: Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed. to include the following additions and deletions: § 9.1U6 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regzrlations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used.. Only one, contiguous dynamic display area is allowed on a sign face. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2010 Second Reading: , 2010 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk so CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2010-0101 DATE: January 5, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signs PREPARED BY: Jeff Sargent, City Planner PLANNING REPORT BACKGROUND On July 13, 2009, the City Council issued asix-month emergency moratorium on the issuance of LED sign permits throughout the city. The rationale behind the moratorium was to study whether newly adopted language pertaining to LED signs was consistent with the intent of the ordinance that the City Council passed. The intent of the LED sign ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon signs to display only fuel prices was inadvertently omitted from the ordinance. At this time, Staff recommends amending the City Code as it pertains to LED signs to allow for motor fuel stations to only be allowed to utilize LED signage on an existing pylon sign if the message of the displays motor fuel prices only. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dvnamic sianaae is a wav to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. City .of Columbia Heights Planning Commission January 5, 2010 City of Columbia Heights, LED Signs Case # 2010-0101 r~•~,lhr •: • , ., Section 9.106 (P)(8}1 currently states that "Dynamic LED signs are allowed only on monument signs for conditionally permitted used in all zoning districts, with the exception of motor fuel stations, which may display LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%} of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face". The proposed language would limit motor fuel stations to display only fuel prices as LED signs on existing pylon signs. FINDINGS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. ®ne of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all commercially zoned properties throughout the city and is not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular 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. Page 2 82 City of Columbia Heights Planning Commission January 5, 2010 City of Columbia Heights, LED Signs Case # 2010-0101 The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments ® ®raft zoning ordinance Page 3 83