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HomeMy WebLinkAbout05/24/2010OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 24, ZO10 The fallowing are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 24, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed item 6B -Resolution 2010-39, rental license revocation far 4960 7th Street N.E. Nawrocki requested discussion under the City Manager's report, new business and announcements. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of new Paid-on-Call Firefighter -Tou Vang. Fire Chief Gary Gorman. introduced our newest Paid-an-C--all Firefighter Tou Vang. He has firefighting and paramedic experience. Vang was presented with his helmet. Nawrocki stated that the Anoka County Memorial service will be held on Saturday, May 29, at Morningside in Caan Rapids and at Bunker Hills. The Columbia Heights VFW and Auxiliary will hold their service at 11:36 a.m. on Monday, May 31 at City Hall. Peterson stated that 18 north. suburban graduates have been. named scholars and will receive a four year scholarship fro Medtronic. Two Columbia Heights students received this award. C NSENT AGE A Nawrocki requested to remove items C, D, E, F, G, and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the May 10, 2010 City Council meeting Motion to approve the minutes of the May 10, 2010 City Council meeting B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the Apri17, 2010 Library Board Motion to accept the minutes of the April 15, 2010 Charter Commission C. Establish executive work session for Monday, June 7, 2010. remove D. Approve permits far the 2010 Jamboree remove Nawrocki indicated the dates for the Jamboree celebration. E. Aoprove purchase of 4039 5th Street -Resolution 2010-33. remave City C`ouncii Minutes Monday, May 24, 2010 Page 2, of 10 F. Approve Demolition Contract for 4600 Polk, 4606 Polk and 4648 Polk Street. remove G. Adopt Resolution 2010-29, being a Resolution approvin joint planning efforts with Minneapolis re arding Central Avenue streetcar line. remove H. Approve first reading of Ordinance #1 S74 to Re-adopt Permit Fee Schedule. remove I. Adopt Resolution 2010-34, being a Resolution accepting bids and awarding a contract for 2010 Miscellaneous Concrete Repairs and Installations protect. Motion to waive the reading of Resolution No. 2010-34, there being ample copies available to the public. Motion to adopt Resolution No. 2010-34 being a Resolution accepting bids and awarding the 2010 Miscellaneous Concrete Repairs and Installations, City Project No. 1000, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $66,803.25 with funds to be appropriated from Fund 401-51000-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract far the same. J. Approval of the attached list of rental housing_applications. Motion to approve the items listed for rental housing license applications for May 10, 2010 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications otion to approve the items as listed on the business license agenda for May 24, 2010 as presented. L. Approve payment of the bills IVlotion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 134675 through 134885 in the amoLint of $1,137,411.65. Nawrocki questioned different licenses having the same addresses. Fire Chief Gary Gorman indicated he would verify tl-iis and report back. otion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of items C, D, E, F, G, H. Diehm questioned why there was not a public hearing on the wine license request. Jim Hoeft, City Attorney, indicated that with the proper paperwork submitted, a hearing is not required. Upon vote: All ayes. Motion carried. C. Establish executive work session for Monday, June 7, 2010. Nawrocki indicated the time would be 7:00 p.m. Fehst stated it may not be necessary to hold this meeting. Motion by Nawrocki, second by Williams, to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations on Monday, June 7, 2010 beginning at 7:00 p.m. in Conference Room 1. Nawrocki asked if you need to convene a regular meeting. Hoeft stated you do not, but must inform the public of the content at the next meeting. City Council Minutes Monday, May 24, 2010 Page 3 of 10 Upon vote: All. ayes. Motion carried. D. Approve permits for the 2010 Jamboree Nawrocki stated that the Jamboree events will be held at Huset Park. The parade will be on Central Avenue on Friday, June 25. Nawrocki listed the parade route. Motion by Nawrocki, second by Diehm, to authorize staff to close Jefferson Street for the time period from Tuesday afternoon, June 22 through Sunday, June 27, 2010. Upon vote: All ayes. Motion carried. Diehm stated that fireworks will be at dusk on Saturday. Motion by Nawrocki, second by Diehm, to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 2010 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Upon vote: All ayes. Motion carried. otio by Nawrocki, second by Diehm, to authorize Fireworks at dusk on Saturday, June 26, 2010 and to waive the Fire Department fireworks display permit fee. Upon vote: All ayes. Motion carried. E. Approve purchase of 4039 5th Street -Resolution 2010-33 Nawrocki asked why the owner is not taking care of this as directed to in December of 2008. Community Development Director Scott Clark stated that the property went into foreclosure and we are buying it from the bank. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-33 there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. otion by Diehm, second by Kelzenberg, to approved Resolution 2010-33, approving the purchase of 4039 5th Street; furthermore to authorize the Mayor and City Manager to enter into an agreement far the same. Upon. vote: All ayes. otion serried. F. Abbrove Demolition Contract for 4600 Polk. 4606 Polk and 4648 Polk Street Nawrocki asked if the buildings were inspected to confirm they are not habitable. Clark stated yes, they were. Nawrocki asked if there were bids taken to rehab the buildings. Clark stated that Council direction is to concentrate on this area and reduce the density; they are foreclosure properties. Nawrocki referred to the Grand Central property and the recommended rental units. Motion by Diehm, second by Williams, to approve a demolition contract for All Metro in the amount of $29,000 for the properties located at 4600 Polk Street, 4606 Polk Street, and 4648 Polk Street. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. G. Adopt Resolution 2010-29, being a Resolution approving joint planning efforts with Minneapolis re erg ding Central Avenue streetcar line. Nawrocki asked the cast of our participation in this study. Clark stated this resolution allows staff to enter into a discussion with the City of Minneapolis in a planning process and staff would bring back a more fornzal scope of what would be required of us. There may be some studies for land use, etc. This is anon-binding agreement. The intention is to get a formal direction to start a discussion. Nawrocki stated that the Minneapolis representative spoke of City Council Minutes Monday, May 24, 2010 Page 4 of I O one area and this indicates a different area. Nawrocki read from a statement indicating his background in transportation. This would draw down on bus service. No service pays its own cost. He referred to tax increases and the public safety building debt. He stated that we need to stay away from any more such projects and argued against the resolution. Kelzenberg stated that he could not support the resolution at this time. Williams agreed, stating that we just fixed up Central Avenue. Kelzenberg indicated that we should not give Minneapolis the hope that we are in support of this project. Diehm stated that she was encouraged that the City of Minneapolis reached out to us. What they have asked for today does not require funds, but if the heart of the Council is not in this, we should not give them hope. There will be street cars in the future. Peterson stated that there will be a street car line coming north, whether we are included or not. Seeing the recommended addition of the line from 41'` to 49`" Avenues makes a big difference. Maybe only going to 41st Avenue could be worth talking about. Diehm ask staff to communicate Council's comments with Minneapolis and to keep Council informed. Gregory Sloat, 4731 6`'' Avenue, indicated that Minneapolis would not be able to obtain funding if the suburbs are not included. Many buses can be bought and maintained for this amount of money. Judith Menita, resident, indicated that Columbia Heights does not have available land and questioned federal funding. Riders would still have to transfer from buses to the streetcars. Deb 3ohnson, 4626 Pierce Street, stated they could now approach the City of St. Anthony. Don't complain that they gat a jump on us. H. At7t~rove first reading of Ordinance #1574 to Re-adopt Permit Fee Schedule. Fel°~st stated these changes are required by the State. Clark indicated that for every building permit issued, the state requires a minimum $,50 surcharge. They have now mandated an increase in fixed fee permits from $.50 to $5.00 far a period of at least one year. There are two different fee groups; valuation and fixed fees. Clark explained these changes several times. Motion Kelzenberg, second by Williams, to waive the reading of Ordinance #1574, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to schedule the second reading of Ordinance #1574 being an Ordinance amending Ordinance 1490 City Code 2005 to adopt the permit fee schedule for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire Suppression, Wrecking and Moving, Signs and other related construction work to the meeting of June 14, 2010, at approximately 7:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 6. PUBLIC I3E GS A, Adapt Resolutions 2010-36.4559 Washington Street N.E., 201.0-37, 4600 5th Street N.E., and 2010-38.4448 Tvler Street N.E. being declarations of nuisance and abatement of violations within the City of Cohtmbia Heights. Gorman listed items to be completed on these properties and the immediate abatement required. City Council Minutes Monday, May 24, 2010 Page 5 of 10 Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2010-36, 37, and 38 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2010-36, 37, and 38 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki asked Public Works Director Kevin Hansen what the estimated cost for concrete work was. Hansen stated it was about a one percent increase over 2009. B. Adopt Resolution 2010-39, 4960 7th Street N.E. being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -removed ITEMS JF®I2 C®1®1SII~EItr~TI®Idt A. Other Ordinances and Resolutions -none B. Bid Considerations 1. Adopt Resolution 2010-40, being a Resolution accepting bids and awarding a contract for 2010 Central Avenue Sanitary Sewer Pipe Bursting project. Hansen indicated this was advertised electronically. Six bids were received. There was a concern with the low bid and the bidder was asked to check his numbers. They will honor the numbers provided, which is 29 percent under the engineer's estimate. Hanson recommended awarding the contract to Ellingson Companies. Fehst indicated that this is a very good bid and credited the Community Developrr~ent Director's compromise with a developer for saving us over $200,000. Peterson requested that Council's appreciation be passed on to Clark. otion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010-40, there being ample copies available to the public. TJpon vote: All ayes. Motion ca 'ed. Mation by Kelzenberg, second by Diehm, to adopt Resolution No. 2010-40 being a resolution accepting bids and awarding the Central Avenue Pipe Bursting, City Project No. 0813 to Ellingson Companies of West Concord, Minnesota based upon their low, qualified responsible bid in the amount of $398,616.50, with funds to be appropriated from Fund 371-50813 and 652-50813; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: AlI ayes. Motion carried. 2. Adopt Resolution 2010-35, being a Resolution accepting bids and awarding a contract for 2010 Zone 5 Street Rehabilitation project. Hansen. indicated 31 sets of plans were requested and four bids were received. The low bid is $24,000 with the city doing the stripping, to get the number under the budgeted amount. The trail alternate will not be determined until July when we find out if we received trail grant funding. That grant would include a trail, narrowing the road and median work at 39t" Avenue. Staff asked far trail contingent approval upon grant funding from the DNR. The 4`" alternative was the Silver Lake beach connection. Nawrocki questioned the increased cost over the estimate for partial reconstruction. Hansen stated that the improvement hearing was just for street work. Utilities, sanitary sewer, and water main work are above that cost. Diehm indicated that the base bid is twelve percent less City Council Manutes Monday, May 24, 2010 Page 6 of 10 than estimated to residents at the hearing. Nawrocki. indicated his feeling that most of the streets do not need this work. Nawrocki stated that he did not recall approve the bid process for Hart Lake and Silver Lake and that there should have been a meeting for residents of that area. Hansen stated this was discussed with the Park and Recreation Commission and accessed the residents through the homeowner associations. A petition request was received from this area. Donna Schmitt, 4260 Tyler Street, indicated that the Hart Lake section should wait, as there were discussions to change Hart Boulevard. Hansen stated this does not include a cul-de-sac for Hart Boulevard. There are safety concerns addressed with narrowing roads and intersection visibility correction. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-35, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2010-35 being a resolution accepting bids and awarding the 2010 Zone 5 Street Rehabilitation, City Project #1002 including Alternates 1, 2, 3 being continuant award, and 4 to North Malley, Inc. of Nowthen, Minnesota in the amount of $56j,052.22 plus Alternate 1, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion serried. C. New Business and Reports Nawrocki referred to the city picnic notice and requested to know the cost, as Council cannot accept this without paying their share. Diehm stated that is for reimbursable costs, but supported Council paying their cost to attend the picnic. Nawrocki referred to an anonymous letter on dog problems and asked this person to call him. Nawrocki questioned the status of the root beer stand on 40`" Avenue. Fehst stated that we have charged them for the work done and we have indicated to then that we are considering condemnatian. There are also tam issues. Hoeft indicated that staff has contacted him regarding the statLlary process to take down the building. Nawrocki requested an update on Dave's Heating. Fehst stated that the City Planner has been there several times and the owner is not pleased with the citation he received. The owner has indicated his reasons that the requirements are not completed. He must meet the city's obligation. ADMINISTRATIVE REP®RTS Report of the City Manager Nawrocki stated that the Charter Commission minutes refer to their annual report. He requested a copy of the report. Nawrocki referred to there not being an available sidewalk from 47t" to 49t" Avenue during the bridge project, but there is on the Hilltop side and they pay nothing. Nawrocki questioned leasing the prior police and fire stations, as he was told it is being used for mare space for city staff. Fehst indicated rental of a fire bay is being discussed. Report of the City Attorney -nothing to report CITIZENS FORUM City Council Minutes Monday, May 24, 2010 Page 7 of 10 Bob ®dden, 1201 42 '/z Avenue, stated that residents are being taxed out of our community. Jason Major, 6241 Avenue, Brooklyn Center, representing Jimmy's Billards, asked the status of their beer and wine license request. Peterson stated it was approved under the consent agenda. Fehst stated there will also be a future request to serve food. Fehst wished them the best in this business venture. Peterson stated: Don't forget our service men and women; keep them in your thoughts and prayers. Show appreciation and come to the Memorial Day services. Don't take ourselves too seriously, and do a random act of kindness. ADJOiT1tJ\TMENT Mayor Peterson adjourned the meeting at 8:24 p.m. atricia Muscovit CMC 't Clerk T2ESOIJITTION 2010-34 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2010 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1000 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1000, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Rar; Kassa Contraction, Inc. $66,803.25 Neeck Contraction, Inc. $91,874.50 WHEREAS, it appears that Ron Kassa Construction, Ine., 6005 250"' St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby autharized. and directed to enter into a contract with Ron Kassa Construction, Inc. in the natr~e of the City of Columbia Heights, for the 2010 Miscellaneous Concrete Repairs and Installations, City Project No. 1000, for a bid. amount of $66,803.25 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby autharized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 1000 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION NO.2010-33 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4039 5th STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of tl~e HRA Act, is authorized to make contributions to the Project. City Council Minutes Monday, May 24, 2010 Page 8 of 10 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such. acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Portfolio Real Estate Services. (the "Seller") dated as of May 7, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"}, far real property located at 4039 5th Street Northeast and legally described as follows: Lot 25, Block 52, Columbia Heights Annex(the "Property"}, which Purchase Agreement is contingent upon approval by the City Council.. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted 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 $38,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution. of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution. of any documents and agreements necessary to effectuate such assignment. RESOLUTION 2010-36 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 Rodney C. Olson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal awner of the real property located at 4559 Washington Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the awner of record on May 3, 2010. Now, therefore, in accordance with the foregoing, and all ordinances anal. regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 3G, 2010 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 May 3, 2010 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 May 14, 2010 inspectors re-inspected the property and found that violations remained uncorrected. That based upon said records of the Fire Department, the fallowing conditions and violations of City Codes(s} were found to exist, to wit: Shall replace all rotted wood on soffrts and. window trim on the house and garage, shall scrape and paint the garage, and replace the missing gable vent on the south side of the house. 4. That all parties, including the owner of record. and. any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4559 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4559 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon. all relevant parties and parties in interest. RESOLUTION 2010-37 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 Il, of City Code, of the property owned by Miguel A. Torres (Hereinafter "Owner of Record"). City Council Minutes Monday, May 24, 2010 Page 9 of 10 Whereas, the owner of record is the legal owner of the real property located at 4600 5`h 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 far the proposed council action contained herein was sent via regular mail to the owner of record on May 6, 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 March 31, 2010 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 May 6, 2010 inspectors reinspected 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 May 18, 2010 inspectors reinspected the property and found that violations remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair/replace the gutter fascia roof shingles on the garage where the falling off, missing, broken, etc..., shall repair or replace the overhead garage door on the garage that is deteriorated, and shall replace the broken garage window. 4. That all parties, including the owner of retard 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 properly located at 4600 5`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. ~. That all appilCable rtghtS and perlOdS of appeal a5 relating t0 the owner Of reCOrd, oCCiipant, Or tertarit, a5 the Case ma'y' be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4600 5`h Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall. be served. upon all relevant parties and parties in interest. RESOLUTION 2010-38 Resolution of the City Council. for the City of Columbia Heights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter $, Article I1, of City Code, of the property owned by CitiMortgage (Hereinafter '°Owner of Record°'}. Whereas, the owner of record is the legal owner of the real property located at 4448 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 April 23, 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 April 19, 2010 the Fire Department responded to a complaint at the address listed above. Inspectors noted. that the structure was open and unsecured, in addition to other violations. A compliance order was mailed to the owner of record. 2. That on April 23, 2010 the Fire Department had not received a response to the compliance order for securing the structure. The Fire Chief ordered that DuAll Services secure the vacant structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found. to exist and have been abated, to wit: approve the immediate abatement of the hazardous situation located at 4448 Tyler Street N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4448 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 City Council Minutes Monday, May 24, 2010 Page 10 of 10 relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4448 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shalt be served upon all relevant parties and parties in interest. RESOLUTION 2010-40 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CENTRAL AVENUE SANITARY SEWER PIPE BURSTING CITY PROJECT NO.0813 WHEREAS, pursuant to an advertisement for bids for City Project No. 0813, Sanitary Sewer Pipe Bursting Improvements, City Project No. 0813, six bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Ellingson Companies $398,616.50 St Paul Utilities and Excavating, Inc. $533,410.00 GM Contracting, Inc. $574,094.79 Lametti & Sons, Inc. $593,700.00 Engineering 8c Construction Innovation, Inc. $644,740.00 Geislinger and Sons, Inc. $702,520.00 WHEREAS, it appears that Ellingson Companies is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ellingson Companies in the name of the City of Columbia Heights, for the 2010 Central Avenue Sanitary Sewer Pipe Bursting Improvements, City Project No. 0813 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained. until the contract has been. signed. 3. City Project 0813 shall be funded with Kmart/Central Avenue TIF District T4 and SAC Credit Funds (Resolution 2010-12). RESOLUTION 2010-35 RESOLUTION ACCEPTING BIDS .4ND AWARDING CONTRACT FOR THE ZONE 5 STREET REHABILITATION CITY PROJECT NO. 1002 WHEREAS, pursuant to an advertisement for bids for City Project No. 1002, Street Rehabilitation Improvements, four bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 North Valley, Inc. $441,503.16 $3,792.60 $24,311.85 $85,088.49 $14,148.72 Bituminous Roadways $466,362.75 $3,010.00 $22,349.75 $69,559.50 $13,950.00 Midwest Asphalt Corp. $501,952.70 $5,060.00 $23,519.00 $82,061.00 $15,752.00 Hardrives, Inc. $545,612.38 $4,795.20 $29,884.95 $86,375.04 $19,826.01 WHEREAS, it appears that North Valley, Inc., 20015 Iguana Street NW, Nowthen, Minnesota 55330 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with North Valley, lnc. in the name of the City of Columbia Heights, for the 2010 Zone 5 Street Rehabilitation Improvements, City Project No. 1002 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1002 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Stonn Water Utility Construction Funds, Park Funds, and DNR Grant (Pending).