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HomeMy WebLinkAbout07/12/2010 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.cLcolumbia -heir hts. mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Bruce KeL-enberg Citv Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 12, 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 Rev. David Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. CAFR Award Presentation p 4 B. Audit presentation - Dave Mol, HLB Tautges Redpath Ltd. C. Proclamation - 2010 National Night Out p5 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 June 28, 2010 City Council meeting. MOTON: Move to approve the minutes of the June 28, 2010 City Council meeting. p B. Accept minutes of the Columbia Heights Boards and Commissions p15 MOTION: Move to accept the minutes of the June 2, 2010 Library Board meeting C. Adopt Resolution No. 2010 -51 being a Resolution designating election judges and salaries for pl7 the 2010 elections. Motion: Move to waive the reading of Resolution No. 2010 -52, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2010 -52, being a Resolution designating election judges and salaries for the 2010 Primary and General Elections and designate the City Clerk authority to City Council Agenda Monday, July 12, 2010 Page 2 of 3 appoint emergency judges. D. Adopt Resolution No. 2010 -54, to Approve Amendment #2 to the Northstar Corridor p21 Development Authority or alternate Motion to adopt Resolution No. 2010 -55, to withdraw from the Northstar Corridor Development Authority. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2010 -54, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2010 -54, being a Resolution to approve Amendment No. 2 to Joint Powers Agreement Establishing the Northstar Corridor Development Authority. ALTERNATE MOTION: Move to waive the reading of Resolution No. 2010 -55, there being ample copies available to the public. ALTERNATE MOTION: Move to adopt Resolution No. 2010 -55, being a Resolution to withdraw from the Northstar Corridor Development Authority. E. Adopt Resolution No. 2010 -53. being a Resolution to approve acquisition of 3842 Tyler Street p49 MOTION: Move to waive the reading of Resolution 2010 -53 there being ample copies available to the public. Motion: Move to adopt Resolution 2010 -53, approving the acquisition of property located at '1o4 T..I.... C'+......+ Northeast: C +.. + +L... Mayor .J C'+., Manager t - ter i t°. . 109 Tyler )1l 1Vw ulcaJL, IUI Ll1 1111Vlc to aull�lo11L LIIG 1via 01 and City 1Vlalla�l.l '�/ enter an agreement for the same. F. Approval of the attached list of rental housing applications. p52 MOTION: Move to approve the items listed for rental housing license applications for July 12, 2010 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications p 57 MOTION: Move to approve the items as listed on the business license agenda for July 12, 2010 as presented. H. Approve payment of the bills p59 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 135304 through 135472 in the amount of $3,099,681.37. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager 2 City Council Agenda Monday, July 12, 2010 Page 3 of 3 Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT Adjourn me t g t Exe tive Session (closed for the purpose of labor negotiations) Walter R. Fehs , City Manager WF/pvm 3 CITY COUNCIL LETTER MEETING OF: JULY l2,20}8 AGENDA SECTION: PROCLAMATIONS, ORIGINATING DEPT: CITY MANAGER PRESENTATIONS, ETC. FINANCE APPROVAL ITEM: CAFR AWARD PRESENTAT1ON BY: JOSEPH KLOIBER BY: DATE: JULY 7, 2010 The foliowing is in regard to the award presentation scheduled for the July 12, 2010, Council meeting. Every year since 1990, the City has submitted its Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association (GFOA) for review by an impartial panel of government finance professionals. Each year, those reviewers have determined that City's CAFR has met the high reporting standards of the GFOA's Certificate of Achievement of Excellence in Financial Reporting. These standards include demonstrating a constructive "spirit of full disclosure" to clearly communicate the City's financial story and to motivate users to read the CAFR. Each certificate is valid for one year and a copy ofthe certificate is included in each subsequent year CAFR. To recognize the significant accomplishment by a government in providing its users with a CAFR that receives the GFOA certificate, the GFOA also presents a related Award of Financial Reporting Achievement to the team/department primarily responsible for CAFR preparation. Focsonoe time now, the City Manager has wanted to have the certificate and the award presented publicly at a City Council meeting. This year, the scheduling for this has worked out and Jim Knutson, the Finance Director for the City of Maple Grove, will be the representative from the GFOA making the presentation on July 12 The award and certificate presented will pertain to the 2008 CAFR. The 2009 CAFR has recently been submitted to the GFOA for review, but it will be some months yet until the determination on that report is made. In the past, a question has occasionally been raised as to whether participation in the GFOA's certificate program is worth the $435 review fee, given the significant constraints on the Citys budget. In the opinion ofCity staff, one cannot find two orthree qualified independent professionals to review a 230-pugc report for that price. So for the quality control value alone it is a bargain. Additionally, because the certificate is a nationally recognized standard, it contributes to the sound financial management practices cited by the bond-rating agency, Standard and Poor's, in their 2009 upgrade to the City's bond rating. Page 1 of 1 JPK c^una/Leucc07121mcuinu_cArnuwumuvc 4 ****National Night Out**** 2010 Proclamation WHERAS: The National Town Watch Association is sponsoring a special coast - to -coast community crime prevention project on the evening of August 3 2010 called "National Night Out," and "Minnesota Communities United Against Crime," and WHERAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drugs in our neighborhoods: and WIIERAS: "National Night Out" provides an opportunity for Columbia Heights to join together with over 10,000 communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and TWHERAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and plays an important role in helping the Columbia Heights Police Department fight the war on crime and drugs in our community. NOW THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all citizens of our community to join the Columbia Heights Police Depa _iu ent in supporting and participating in "National Night Out" on Tuesday, August 3 2010. FURTHER LET IT BE RESOLVED that I hereby proclaim Tuesday, August 3` 2010 as "NATIONAL NIGHT OUT" in Columbia Heights. Mayor Gary L. Peterson 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 28, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 28, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Chaplain Bob Lyndes, Crest View Communities, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to report on the League of Minnesota Cities (LMC) meeting and to discuss the city picnic, channel 16 programming issues, cable franchise process, and the policy on meals and travel expenses. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA Peterson requested to remove item G for discussion. Nawrocki requested to remove items A, D, E, F, H. and I. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the June 14, 2010 City Council meeting. - removed B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the May 25, 2010 EDA meeting. Motion to accept the minutes of the May 25, 2010 EDA Executive session. C. Schedule a City Council Executive Work Session Motion to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations, immediately following the Monday, July 12, 2010 City Council meeting, in Conference Room 1. D. Authorize grant agreement and approve receipt of grant - funded purchase for 2010 JAG Grant - Police Department - removed E. Authorize Mayor and City Manager to enter into a contract for Car Wash Services - removed F. Authorize Mayor and City Manager to Enter into Agreement for Auctioning Vehicles - removed G. Authorize Mayor and City Manager to Enter into Contract for Towing Contractor - removed H. Authorize Mayor and City Manager to Enter into Contract with PropertyRoom.Com for Auction Service - removed 6 City Council Minutes Monday, June 28, 2010 Page 2 of 9 1. Distribution of the 2009 Comprehensive Annual Financial Reports and the Independent Auditors' Report - removed J. Approval of the attached list of rental housing applications. - removed Motion to approve the items listed for rental housing license applications for June 28, 2010 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 28, 2010 as presented. L. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 135092 through 135303 in the amount of $4,433,527.42. Diehm requested to vote on item J separately. Motion by Nawrocki, second by Diehm to approve the Consent Agenda items B, C, K, and L. Upon vote: All ayes. Motion carried. A. Approve minutes of the June 14, 2010 City Council meeting. Nawrocki stated that he did not suggest salary cuts, but quoted a report on wage decreases. He read again the written statement on loss of jobs and the need to decrease our levy. Motion by Nawrocki, second by Williams, to approve, as corrected, the minutes of the June 14, 2010 City Council meeting. Upon vote: All ayes. Motion carried. D. Authorize grant agreement and approve receipt of grant-funded purchase for 2010 JAG Grant - Police Department Police Chief Scott Nadeau indicated that four Automated External Defibrillators (AED) are _recommended for purchase. Our officers are trained in their use, but do not have them available. This is a good opportunity to purchase them to better serve the community. The other recommended purchase is for two A2B bicycles, that average 25 mph, allowing officers to get back into the community through public contact. This type of vehicle has been tested by staff and the Chief, proving to increase mobility, gain public interest and interaction, save gas, and they are very silent in operation. Nawrocki indicated that items to be purchased should have been budgeted items. Nadeau indicated that the grant is very specific on items that qualify. Nawrocki stated that the Fire Department already has defibrillators and this is a duplication of efforts. Nadeau stated that officers arrive on scene first and the AED's are most effective on immediate use. Nawrocki questioned maintenance requirements. Nadeau stated it is minimal with battery replacement once every few years. Diehm commended staff for the creative way they obtain these items, without any cost to our taxpayers. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a Memo of Understanding with Anoka County agencies for the receipt of $16,529 in Federal 7 City Council Minutes Monday, June 28, 2010 Page 3 of 9 Justice Assistance Grant Funds, 10% of which will go to Coon Rapids for their role in administering the grant. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the Police Department's receipt of two A2B electric bicycles and four Automated External Defibrillators (AED's) through the current 2010 round of Justice Assistance Grant funding to Anoka County agencies administered by fiscal agent Coon Rapids Police Department. Upon vote: All ayes. Motion carried. E. Authorize Mayor and City Manager to enter into a contract for Car Wash Services Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with Jeff's Bobby and Steve's Auto World for car wash services as specified in the City's request and AutoWorld's response to the City's request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 abstention. Motion carried. F. Authorize Mayor and City Manager to Enter into Agreement for Auctioning Vehicles Nadeau stated this is for disposal of unwanted property; equipment that is no longer needed or used vehicles. The trend is to look to on -line services for auctioning and we looked to the State and Federal Surplus auction. Nadeau stated this was initially for police vehicles, but it was brought to his attention that Public Works also has the need to auction vehicles. Nawrocki asked if the agency referred to is our city, and if we receive ninety percent of the grant. Nadeau stated yes. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into an agreement with State and Federal Surplus for auctioning vehicles for the City of Columbia Heights. Upon vote: All ayes. Motion carried. G. Authorize Mayor and City Manager to Enter into Contract for Towing Contractor Nadeau indicated that when he started here there was not a current towing contract. Two years ago the contract was awarded to Jeffs Bobby and Steve's Autoworld (JBS). We were satisfied with their service. Bids were let prior to the end of that contract. The low, responsible bidder for this two year contract is Schmidt Towing. Nawrocki commended the Chief for obtaining a reduced bid, but recognized that the bidder is from outside of the city. This shows what competitive bidding can do. Motion by Nawrocki, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a contract with Schmidt Towing, Inc. for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in Schmidt's response to the City's Request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Mellissa Williams, with JBS Autoworld, indicated their pleasure to partner with the City of Columbia Heights. The Police Department has been satisfied with JBS service and she requested to continue their towing service. You get what you pay for. The police get a set fee from the tower. JBS has been faithful and provided the services that the consumer and the city look for. Jeff Bahe, partner at JBS Autoworld, stated that JBS values mirror those of the city. Through 8 City Council Minutes Monday, June 28, 2010 Page 4 of 9 their youth foundation, JBS has built a playground at Huset Park. As a business in the city, he indicated their commitment to the city. He indicated his feeling that JBS is the most responsible bid. He asked that the City Council consider the overall picture and do business with businesses in our town. Bahe indicated that JBS's towing director, Jake, is from this town, and is a member of the Lions club, and is committed to this community. He indicated appreciation for the business received and their hope to continue. Steven Schmidt, Schmidt Towing, 9100 Gateway, Eden Prairie, stated that he was awarded the City of Fridley contract in March from 11 bidders. He stated that they offer the same service to all of their customers. Diehm asked the chief to explain the charges in the bid. Nadeau referred to the separate items of the contract request. Peterson asked who bid the lowest amount on investigative holding of a vehicle. Nawrocki stated that Schmidt Towing does not charge for that service. Nawrocki requested a roll call vote. Diehm thanked JBS Autoworld for being present and indicated appreciation of their support to our community. This contract has a definite term and we will accept bids again. We will also evaluate this experience and we will see if they can live up to our past experience. Peterson indicated that if this service falls short of the requirements we can terminate the contract and rebid the service. We appreciate the involvement of JBS's in our community, but must honor the lo ibl bid. 111 \� lowest VJ4 reJpVdl Jl Vle VIU. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 abstention. Motion carried. H. Authorize Mayor and City Manager to Enter into Contract with PropertyRoom.Com for Auction Service Nadeau stated that PropertyRoom.Com is used by a lot of police departments as it returns a good percentage to the department for items that are contraband, seized property, or unclaimed property. We tag the items; they pick them up, run the site, handle the transaction, and ship the goods. Nawrocki stated that we have not had an auction in the last several years. Nadeau stated that we did use a local auction house, but it was not time and staff efficient. This could also be utilized for Public Works items. Motion by Kelzenberg, second by Nawrocki, to authorize the Mayor and City Manager to enter into the two -page 6- month contract with PropertyRoom.Com for auction services for the City of Columbia Heights. This contract auto - renews unless there is a 30 -day written notice for termination. Upon vote: All ayes. Motion carried. I. Distribution of the 2009 Comprehensive Annual Financial Reports and the Independent Auditors' Report Nawrocki stated his disappointment in the suggested process. It was indicated that this was decided at a work session. Decisions are not to be made at work sessions. Nawrocki stated his agreement with a public presentation, but we need more time to understand the audit. To suggest we read the audit, understand it, and ask questions before we get to the presentation is ludicrous. They work for six months on this audit /CAFR standards. It is difficult to understand without asking questions. We should have the presentation at the next meeting, but should have an 9 City Council Minutes Monday June 28, 2010 Page 5 of 9 opportunity at a work session to ask questions. There is a work session scheduled for July 6. Nawrocki suggested the auditor be at the meeting to discuss this and answer questions. Motion by Nawrocki, to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights, including the Independent Auditors' Report and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to review the audit with staff and the auditor at the July 6 work session. Fehst stated that the purpose of the audit is to determine if there are deficiencies in the audit and CAFR. We have reverted to this system based on Councilmember Nawrocki's request for the auditor to report directly to the Council at a full meeting, for full disclosure. It is requested that questions be asked in advance so the answers are available at the meeting. If the Council is not satisfied with the audit report at the meeting, it can be brought to a work session. Diehm indicated the difficulty in scheduling the auditor. It is understandable to request questions ahead of time. If there are unanswered questions at that meeting, the acceptance could be continued to the next Council meeting. Nawrocki stated that if the auditor is unavailable, staff could review the document at the work session. Peterson, Diehm, and Williams indicated they would not be available to attend a work session on July 6` There will not be a quorum available to hold the work session. Peterson suggesting utilizing the staff proposed motion. Nawrocki indicated he would review the document, but will not ask questions prior to the meeting. Diehm stated, if necessary, she would support tabling acceptance of the report. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Diehm, second by Kelzenberg, to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights, including the Independent Auditors' Report and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2010. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. J. Approval of the attached list of rental housing applications. Motion by Diehm, second by Kelzenberg, to approve the items listed for rental housing license applications for June 28, 2010 in that they have met the requirements of the Property Maintenance Code. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, abstain. 4 ayes — 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010 -47, 4801 -03 7th Street N.E., 2010 -49, 3861 Edgemoor Pl. N.E., and 2010 -50, 1815 -17 41st Avenue N.E. being Resolutions 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. 10 City Council Minutes Monday, June 28, 2010 Page 6 of 9 Fehst listed violations on the properties. Two properties are homes in foreclosure. One property has renters, but our intention is not to evict the renters. Nawrocki asked why the foreclosed properties are being revoked if they are not current rentals. Jim Hoeft, City Attorney, stated this action would formally terminate future rental without reapplication for a license. We have historically had issues with property owners on what rights they still have if the license was not terminated. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010 -47, 2010 -49, and 2010-50 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010 -47, 2010 -49, and 2010 -50 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses Listed. Upon vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Ordinance 1582, Zoning Amendment to rezone 4555 Washington Street from R- 2B to R -2A. Fehst stated this is property was zoned for a duplex, but is not adequate for a duplex. Mntinn by K s by ni to waive the reading of (l c llin ance l•i 1.582, b ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki questioned the need for egress windows when there is a door that opens to the driveway. Hoeft stated that the State fire code requires egress windows from sleeping areas. It is necessary that firefighters are able to enter and exit these rooms. Diehm indicated that there must be two exits. Fehst referred to a firefighter, his friend, that died in a basement when he could not get out. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1582, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1582. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki stated that he attended the League of MN Cities (LMC) conference, at no charge to the city, and offered to share handouts he received. Nawrocki read the St. Cloud mission statement. He referred to the cost of the upcoming goal session. Diehm questioned if he was referring to the cost of staff time. Diehm indicated that she requested this process for the EDA to have an opportunity to speak with staff. Fehst stated that we have adopted a mission statement and adopted goals to follow. Fehst presented the LMC City of Excellence award received for preserving city services at their conference and summarized the award as read at the presentation. There was an article on this today in the Star /Tribune. Fehst stated that Kathy Kelly, Superintendent of Schools, also attended. He thanked Superintendent of Schools Kathy Kelly, School Board Chair Missy Lee, 11 City Council Minutes Monday, June 28, 2010 Page 7 of 9 and Autoworld for their cooperation in working with us, despite hard times. Fehst stated his pride in our accomplishments. Nawrocki referred to his push to work with the schools years ago when a community center was being discussed. He questioned the cost effectiveness of the City Manager driving to St. Cloud to accept the award when he was present. Nawrocki referred to the low number of applicants. Diehm indicated that we should celebrate our success. Fehst referred to collaboration with the School District. Nawrocki requested to know the cost per individual for the city picnic so he can pay for his meal. Fehst stated he would get him that information. Nawrocki indicated that Channel 16 did not play the City Council meeting over the weekend and the meeting agenda was not put on until Sunday afternoon. Patty Muscovitz, City Clerk, indicated that Comcast had problems with the Government Access, Library, and Public Access channels following the Friday storms. Fehst indicated that the July 6 work session was scheduled to discuss: six cities water management, art at the Huset roundabout, and Northstar Rail JPA amendment #2. There may not be a quorum for this meeting. Nawrocki stated that there is a $20 per person, per ride, subsidy. Nawrocki indicated that meetings continue on the Cable Franchise renewal. The goal is to have this ready to present to the Telecommunications Commission by their July 15` meeting. Nawrocki again indicated that the meal reimbursement for staff needs to be revised. ADMINISTRATIVE REPORTS Report of the City Manager - nothing Report of the City Attorney — nothing CITIZENS FORUM - none ADJOURNMENT Peterson stated: Don't forget our service men and women — keep them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 8:47 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2010 -47 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Shirley Apollo (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4801 -03 7` Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 3, 2010 of an public hearing to be held on June 28, 2010. 12 City Council Minutes Monday, June 28, 2010 Page 8 of 9 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 28, 2010 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 June 3, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on June 15, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall scrape and paint wherever there is peeling paint on the structure. Trim b. Shall replace the missing storm door closer. c. Shall replace the missing smoke detector upstairs. d. Shall replace any missing electrical fixtures and covers. e. Shall repair all holes in wall and door. f. Shall repair the downstairs smoke detector that was found disabled and advise tenant that it is illegal to disconnect the smoke detectors g. Shall replace all missing window screens, shall repair all damaged window screens. h. Shall repair all /any rotted trim. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10252 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010 -49 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Dennis Coppess (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3861 Edgemoor Place N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 of an public hearing to be held on June 28, 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 April 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9782 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; 13 City Council Minutes Monday, June 28, 2010 Page 9 of 9 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010 -50 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Angela D'Angelo (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1815 -17 41 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 of an public hearing to be held on June 28, 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 April 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9778 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. ORDINANCE 1582 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4555 WASHINGTON STREET NE SECTION 1: WHEREAS, the current zoning classification of the property allows for a duplex use; and WHEREAS, the current property was being used as an illegal duplex because of substandard living quarters and cooking facilities; and WHEREAS, the lower unit of the property was posted as uninhabitable because of the substandard living conditions; and WHEREAS, rezoning the subject parcel from R -2B, One and Two Family Residential to R -2A, One and Two Family Residential would ensure the proper use of the property as a single - family dwelling unit; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R -2B, One and Two Family Residential to R -2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 14 r� Approved ` 7/7/10 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 2, 2010 The meeting was called to order by Chair Patricia Sowada, at 6:27 p.m. Members present were: Nancy Hoium, Patricia Sowada, Barbara Tantanella, and Lynette Thomson. Also present: Mayor Gary L. Peterson, Becky Loader, and Stacey Hendren. Not present: Catherine Vesley and City Council Representative Bruce Kelzenberg. The minutes of the May 5, 2010, Board meeting were approved as mailed. The bill list dated 5/24/10 was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 6/2/10 was reviewed. Old Business: 1. There have been no third round cuts to Local Government Aid. The council will continue to review the City's revenue and expenditures as the first year of the 4 -year financial plan commences. 2. The Minnesota Department of Commerce ranked applications for the Broadband Technology Opportunities Program grant. The Anoka County collaborative application has been recommended to the U.S. Department of Commerce as a viable applicant for a public computer center. The Board was pleased to hear the application has pi=ogressed to the next level. 3. The table for the Gates computers has been shipped, but has yet to arrive. The IS department and Public Works are both on stand -by for installation. 4. The Library will man two booths at the City Jamboree, one at the Library and the second at City Hall. Members of the Library Board, the Friends of the Library, the Foundation Board, and Library staff will be in attendance to answer questions, give out temporary tattoos and notify the public of the services the Library provides. Set up will begin at 5:00 p.m. New Business: 1. The crossover statistics for April were reviewed. The circulation statistic of 989 from June 1' was discussed. 2. Loader has completed and submitted the Maintenance of Effort certificate to qualify as an associate member in the regional system. The certificate declares the 2009 levy and is used to determine MOE for upcoming years. 3. The Board was very impressed with the one page annual report completed by Marsha Tubbs and Kelly Olson. They requested it be available for use at the City Jamboree. They noted how the gate count for 2009 was nearly the same as previous years though hours were decreased. 4. The summer events calendar was distributed to the Board. The Board appreciated the professionalism of the brochure. 1 15 5. The Board discussed the programs that will take place during the "Live at the Library" program on June 5, 2010. Sowada and Peterson will be interviewed prior to the event. The Board discussed Legacy funding and the film series that will take place at the Library during the month of June. The Board wanted to extend a thank you to Monica Campbell and Mary Oliver for all their work organizing the June 5 event. 6. The proposed budget draft of expenditures was handed out to Board members and discussed. This proposal is based on a 1 % inflation projected by the four -year plan from the Finance Department. The contingency fund was discussed. The Board noted changes in minor supplies, and building maintenance due to redefinition of the line items. The Board discussed energy projects, and the current grant application for replacement of the boiler and air conditioning units. 7. The Board reviewed the new At Home Services brochure created by Renee Dougherty and Hendren. There being no further business, the meeting was adjourned at 7:19 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the 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 acti viies. 2 16 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: July 12, 2010 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Resolution Designating BY: Patty Muscovitz 2010 Election Judges DATE: July 7, 2010 DATE: NO: This resolution designates election judges and their salaries for the 20l0 Primary Election bzhe held on Tuesday, August 10, 2010 and the General Election to be held on Tuesday, November 2, 2010. It may be necessary for the City Clerk to make limited additions or deletions prior to each election. Recommended Motion: Move to waive the readirig of Resolution No. 2010-52, there being ample copies avaiiable to the public. Recommended Motion: Move to adopt Resolution No. 2010-52, being a Resolution designating election judges and salaries for the 2010 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. COUNCIL ACTION: RESOLUTION 2010-52 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint the following qualified voters to be judges for the 2010 Primary and General election. Precinct 1-Murzvn liall-530 Mill St. HJ Faye Cleasby AHJ Darlene Bieljeski Dolores Strand Fran Jensen Wanda Heining Charles Kewatt Robert Petty Joyce Shellito Sandy Engquist Jeanne Andrychowicz Ardeth Bircher @Lori Ritzko @Katie Landwehr Precinct 24nimacuiate Concention-4030 Jackson St. HJ Jo Ann Kewatt AHJ Bradley Schmitt Mark Emme Jacque Block Cliff Shediov Gretchen Gallagher Weinstein Bev Holub Michael McGee Clara Shattuck @Michelle Hass @Robert Peltier @Iavresshia Baker Precinct 3 -Parkview Villa-965 40" Avenue HJ Muriel Nichols AHJ Charles Helland Georgenc Baker Marna Gomez Jeani Cox Dolores Fowler Dennis Ecklund Marilyn Vaughan Delores Jacobsen @Teresa Carson @Rebecca Chudek @Kenny St. Julien 18 Precinct 4- Highland Elem School -1500 49 Avenue ****HJ Marsha Stroik AHJ Joel Andrychowicz Shirley Browning Betty Krahl Soundra Burgoyne Karen Davenport Crystal Cohen Karli Burquest @Deborah Nero @Thomas Dimock @Jeffery Chudek @Anthony Dischinger Precinct 5 -First Lutheran Church -1555 40 Ave HJ Joan Kinde AHJ Joanne Nelson Nancy French Irene Ricci Richard Meixner Lorrie Nalezny Clara Schmidt Marian Luke Sharon Shedlov @Debra Grisco @Lamont Peoples Emmanuel Garrett @Kasey Corbett Precinct 6- Highland Elem. School -1500 49 Ave HJ Stephen Iserman AHJ Diane Henderson LaVone Seim Kay Mayer Eva Pelton Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Candace Blaido @Kathy Fossum @Bruce Shellito @Megan Kriesel Precinct 7- Vallev View Elem School -800 49 Ave HJ Ann Kronstedt AHJ Joan Fuhrmann Kathryn Morales James Hutchinson Tyrone Sweezo (double address) Barb Nundahl John Vachuska Janelle Nero Carol Felland Wesley Green Fatuma Elmi @Arthur Goedeking @Bee Xiong Precinct 8- Vallev View Elem School -800 49 Ave * *HJ Aurora Johnston AHJ Catherine Vesley Stephen Emme 19 Mary Dowd le Irene Sunt *Marvin Helm Dorothy Penate Jenna Fish Carol Geier Sue Murzyn Laurel Best Michelle Ferreira @Matthias Waideman NOW, THEREFORE, BE IT RESOLVED, thatthe City Council ofthe City ofColumbia }{eights does appoint the afore mentioned as election judges, by precinct, for the Primary Election on August 10, 2010 and the General Elections on November 2, 2010, with an hourly remuneration of $l/.D0 for Head Judge, $|O.75 for Assistant Head Judge, and $|0.5O for uo Election Judge. The City Clerk may designate emergency judges, as necessary. Passed this day of July 2O|O. Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz. CMC City Clerk 20 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 12, 2010 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S N[): Administration APPROVAL ITEM: Amendment #2 Northstar BY: _ BY Corridor Development Authority DATE: July 7, 2010 DATE: NO: Background: Attached is a copy of the proposed Amendment #2 to the Northstar Corridor Development Authority (NCDA). A letter sent from the Chairman, Don Earhart explains, in detail, why the Amendment #2 is being requested. Specifically, page 2 summarizes the Amendment. Item #5 (Article VI, Sections 2 and 3)ofthe summary gives more control to the Executive Committee for Capital Budget decisions and eliminates cities (non-funding partners) from the Executive Committee. Also, item #7 (Article VII, Section 2of the Amendment) redefines o quorum and requires 2/3 majority vote of the NCDA members present to approve the budget. It appears that we could approve the Amendment #2 or consider adopting a resolution withdrawing from the NCDA. That resolution is also attached. Analysis: In order to stay informed, it probably behooves the City of Columbia Heights to stay involved. At this point, all but two townships and the City of Minneapolis have approved the amendment, with one city and/or county withdrawing. We are not a funding party and would not be able to serve on the Executive Committee (i.e. we presently do not serve on the Executive Committee). In addition to the material sent out by Chairman Earhart, I have attached a copy of Amendment #1 to the Joint Powers Agreement and an e-mail i received from Bill Burns, City Manager of Fridley, re: their concurrence with the need for Amendment #2. Conclusion: We the City are not a funding party to this Joint Powers Agreement. The County certainly is and it affects our citizens. Therefore, the City's continued involvement to provide input and oversight to the NCDA is probably a good idea. Staff recommends approving Amendment #2 for the NCDA's Joint Powers Agreement. Recommended Motion: Move to waive the reading of Resolution No. 2010-54, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2010-54, being a Resolution to approve Amendment No. 2 to Joint Powers Agreement Establishing the Northstar Corridor Development Authority. Alternate Motion: Move to waive the reading of Resolution No. 2010 -55, there being ample copies available to the public. Alternate Motion: Move to adopt Resolution No. 2010 -55, being a Resolution to withdraw from the Northstar Corridor Development Authority. COUNCIL ACTION: 22 RESOLUTION 2010 -54 BEING A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY. Whereas, the Northstar Corridor Development Authority (NCDA) was established in May of 1997 pursuant to a joint powers agreement entered into by the counties, county regional railroad authorities, cities, and towns along the Northstar Corridor from Minneapolis to the St. Cloud area; and Whereas, the City of Columbia Heights entered into the Joint Powers Agreement, as previously amended in 1999, (hereinafter the "Agreement ") for the purpose of meeting the future transportation needs of the Northstar Corridor from the St. Cloud area to downtown Minneapolis; and Whereas, the NCDA has, in collaboration with the Minnesota Department of Transportation ( "Mn /DOT ") and the Metropolitan Council, completed the design and construction of the first phase of the Northstar commuter rail system from Big Lake to Minneapolis; and Whereas, revenue service of the first phase of the Northstar commuter rail system commenced on November 16, 2009 and is owned and operated by the Metropolitan Council; and Whereas, the members desire to amend the Agreement to streamline the operations of the NCDA, in order to efficiently and cost effectively complete the Northstar commuter rail system to the City of St. Cloud. Now, therefore be it resolved that the City of Columbia Heights hereby approves Amendment No. 2 to the Agreement. Be it further resolved that the Mayor and City Manager are hereby authorized to execute Amendment No. 2 to the Agreement, substantially in the form presented. Be it further resolved that the City Clerk is directed to prepare a certified copy of this Resolution and deliver it, together with the executed signature pages to Amendment No. 2 to the Agreement, to the Chair of the NCDA. Approved and adopted this 12` day of July 2010. Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 23 RESOLUTION 2010-55 BEING A RESOLUTION TO VVITHDRAW FROM THE THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY. Whereas, the Northstar Corridor Development Authority (NCDA) was established in May of 1997 pursuant to a joint powers agreement entered into by the counties, county regional railroad authorities, cities, and towns along the Northstar Corridor from Minneapolis to the St. Cloud area; and Whereas, the sole purpose of ofthe NCDA is to address the transportation needs ofthe Trunk Highway lO/NortbutorCnrridnr; and Whereas, commuter rail service on the Northstar Corridor from Big Lake to Minnaepolis commenced on November 10, 2009; and Whereas, the City ofColumbia Heights entered into the NCDA Joint Powers Agreement (the "Agreement") and is u member of the NCDA; and Whereas, Article \/il}, Section 1 of the Agreement provides that any party to the Agreement may with draw upon giving 90 days written notice to the NCDA and by showing that all amounts due and owing pursuant to Article VIl ofthe Agreement have been paid; and Whereas, Pursuant to Article VII, Section 1 nf the Agreement, notice nfwithdrawal shall be in the form of a certified copy of a Resolution of the withdrawing member's governing body indicating its intent to withdraw from the Agreement. Now, therefore be it resolved that the City of Columbia Heights hereby gives notice of withdrawal from the NCDA. Be it further resolved that the City Clerk is directed to prepare a certified copy of this Resolution and deliver it to the Chair of the NCDA. Approved and adopted this day of20|0. Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 24 (G0L«31131LULr9 Min ch 23.2010 RE: Amendment #2 to the NCDA's Joint Powers Agreement Dear NCI)A Member: On March =1. 2010, the Northstar Corridor Development Authority approved the attached Amendment No. 2 to the NCDA's Joint Powers Agreement and recommended that all of its member governmental entities act to approve this amendment. I am writing to request your prompt consideration of this amendment and to provide you with some background information about the NCDA's request. PURPOSE The NCDA's purpose in recommending this amendment to the Joint Powers Agreement (.iPA) is threefold: (1) to update the .IPA to reflect current law, (2) to streamline the decision - making authority and quorum requirements, and (3) to address organizational inefficiencies that are inherent in the .iPA, It is important to note that the original .IPA established the Northstar Corridor Development Authority in 1997. The 3PA was amended in 1999 (Amendment No, 1) to clarify the purpose and powers of the NCDA and its committees. Alter more than ten years, the NCDA believes that it is time to further amend the IPA as `(forts begin to implement Ph 7 of th P PROCESS in order to amend the ;IPA, the governing body (Council or 13oatrd) of each of the NCDA's members must approve and execute the amendment. Enclosed for your consideration is a draft Resolution to Approve Amendment No. 2 to Joint Powers Agreement Establishing, the Northstar Corridor 1)evclopmcnt Authority. Please consider the resolution and provide the NCDA with a certified copy of the resolution by April 30. 2010. 10 addition, please execute and return all 30 signature pages enclosed \with this letter. Once all signatures have been obtained. the NCDA will return a Bully executed Amendment No. 2 to you for your records. 11 your council or hoard is no longer interested in participating in the NCDA or chooses not to approve the amendment, your council or hoard may consider adopting a resolution withdrawing from the NC'l)A. 1 am enclosing an alternative draft Resolution to Withdraw from the Northstar Corridor Development Authority it your council or board prefers this option. As Chair, I believe that maintaining the collaboration of the governmental units vwithin the Northstar Corridor is crucial to the success of Phase 2 and to nurturing the start -up of Phase 1. Ongoing. local support will he needed lot building ridership and keeping residents and businesses informed of progress on Phase 2. Advocacy will be a key function of the NCDA as work proceeds on the extension to St. Cloud. '1'hcrelbre, I urge you to approve the resolution to approve the .1I A amendment. Northstar Corridor Derelopnuent Authority 2100 ; ';A milt'.. <1uoka, Minnesota 553W-2265 (763) 323 -5700 Fax: (763) 323-5682 ‘vw‘v.northstarlriin.org 25 Marcia 23, 2010 Page 2 013 SUMMARY OF A MENDN1ENT NO. 2 Attached is the proposed Amendment No. 2 to the JPA. Proposed Ile \ kiln:wage is underlined: deleted languat is stricken. These changes arc summarized below: Article I is amended to clarify that, under current law, the NCDA will need a delegation of authority from the 'Metropolitan C:ouncil (the owner and operator of Phase 1) in order to develop the next phase of Northstar. 2. Article IV, Paragraph 11. makes a similar change. Article V. Section 2, Paragraph B is amended to update the statutory reference. The more substantive change proposes to authorize the Executive Committee to approve contracts up to amounts approved in the annual budget. 4. Article V. Section 2, Paragraph G is another update to include a reference to the Metropolitan Council. Article VI, Sections 2 and 3 are amended to provide that the Chair of the NCDA must be a county commissioner representing 0 county regional railroad authority and shall act as of the Executive Committee. Section 3 clarifies the Committee structure, membership and responsibility. Specifically, the proposed changes eliminate the Capital Budget Committee, change the Executive Committee membership to include only the funding partners, and expand the duties of the Executive Committee to include the approval of contracts, the approval of the annual administrative budget, and the former responsibilities of the Capital Budget Committee. 6. Article VI„Section 6 is amended to require at least two meetings of the NUM in each calendar year. While it is anticipated that the minimum will be exceeded, this amendment was sutTested to ensure on-Qoinii, participation of the NCDA. 7. Article VII, Section 2 clarifies the timing and process for the approval of the budget and requires a 2/3 majority vote of the NCDA members present to approve the huclget. '1 his change addresses past difficulty in achievi a quorum when the annual budget needs to be approved. It further allocates administrative expenses arisimi, out of claims for damages. 8. Article IX, Section 2 is simply an updated statutory reference. Article IX, Section 6 is a substantive clarification to address liability. The original WA allocated liability/damages in proportion to the entities' funding contribution. (See Article VIE Section 2.) The new Article IX, Section 6 establishes that the NCF)A. is a separate public entity, each party is responsible for its own acts, and reaffirms the tort liability limits. The proposed change is more reflective of the approach in current intergovermnental agreements and provides greater protection to the members. 26 March 23. 2010 Pa Lie 3 013 C,1,0 In closing. I thank you for all of your years of service on the NCDA. We accomplished an amazing thing by delivering the Northstar Commuter Rail Project, Phase I. Our job is not completed: we need to get the train to St. Cloud. Once again. I urge you to approve the proposed amendment to the J PA so that we can move forward efficiently and effectively to finish the Northstar Project. r you have any questions about the proposed amendment or process, please call Tim Pantos at 763-323- 56(P. Dan Erhart, Chair Northstar Corridor Development Authority DE/kl: Nnclosures: 1. Resolution to Approve Amendment No. 2 to Joint Powers Agreement Establishing the Northstar Corridor Development Authority 2. Amendment No. 2 to JPA, with 30 signature pages 3. Redlined version of Amendment No. 2 to JPA 4. Resolution to Withdraw from the Northstar Corridor Development Authority 27 1'Lage. 1 o1.2 Walt Fehst - RE: Northstar Fromm: " Burns, Bill" <BurnsWO ci.fridley.uan.us> To: 'Bolin, Paul" <BolinP(i ci.fridley.mn.us> Date: 4/28/2010 2:30 PM Subject: RE: Northstar ,IPA CC: < walt. fehst( a,) ci.colurubi<t- hei.ghts.nun.us >, "Flickok, Scott" 1- lickokSrcici.frid1t. iun.us> Thanks, Paul. From: Bolin, Paul Sent: Wednesday, April 28, 2010 1:49 PM To: Bums, Bill Cc: Hickok, Scott Subject: RE: Northstar JPA 13111, Scott and 1 looked this over and honestly have no concerns with the changes. Fridley's role as ,1 strong member orthe NCDA really ended when our station was constructed and service started in November. At that time. ownership of the stations and responsibilities for the operations were turned over to the \Metropolitan Council. The mission of NCD<A has changed ;gready from getting the line operational to now getting the line extended from Big Lake to St. Cloud. The proposed changes will simply make it easier for those most affected by the extension to take action in a much quicker manner. 1 loncstly. it is doubtful that Bob Barnette or 1 would make much effort to drive to :) monthly meeting up in 1 Ik River to fall: about getting Federal Funding or conta,lcted tall services for the St. (_loud extension ( now ca lled Phas 2). ,I his is the reason \4'hy the hoard make up needs to be changed to those still changed with prov=iding r<Id service in the region (the assorted R til i \uthoritics) and Stearns County. As always 1 am a very big fan of Northstar. NCI):A and think the NCI_),-\ functioned eery well to date for those of us who were lucky enough to Diet stations in Phase 1. Our friends to the north were very supportive and realized that getting NS ()lithe 17roun(1 vw:.t, more important than try'inr! 10 get the station all the w' to St. (:'loud from the start. The. group is now looking to restructure to make sure it can function with the efficiency and speed needed to complete Phase 2. Sincerer'. Pc iL Paul 113o1in, AICP Assistant Executive Director (pity of kridle■ I- lousing & . Redevelopment Authority- 643 1 University Avenue NE mile: / /C:ADocuments and Settings \waltl \Local Settin \ Temp AXPgrpwise\413D84692cchgw... 4/29/2010 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY THIS AMENDMENT NO. 2 is made by and between the undersigned Counties, Regional Railroad Authorities, Cities, and TVwDships, all being governmental units of the State of Minnesota, (hereinafter the "Members") pursuant to Minn. Stat. §§ 471.59 and 398A.04. subd. 9, and shall be effective upon execution by each of the Members. WHEREAS, the Mernbers have entered into a joint powers agreernent, as amended, (hereinafter the "Agreement") for the purpose af rneeting the future transportation needs of the Northstar Corridor from the St. Cloud area to downtown Minneapolis; and WHEREAS, the Northstar Corridor Development Authority (hereinafter the "Authority") has, in collaboration with the Minnesota Department ofTransportation ("Mn/DOT") and the Metropolitan Council, completed the design and construction of the first phase of the Northstar commuter rail system from Big Lake to Minneapolis; and WHEREAS, revenue service of the first phase of the Northstar commute' rail system commenced on November 16, 2009 and is owned and operated by the Metropolitan Councit; and WHEREAS, the Members desire to amend the Agreement to streamline the operations of the Authority, in order to efficiently and cost effectively complete the NorU|star connnnute, rail system to the City of St. Cloud. NOW, THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive hena[norn, and other good and valuable conoideration, receipt of which is hereby acknowledged, the Members agree to amend the Agreement as follows: 1. Article I of the Agreement, as previously amended, is further amended to read as follows: ARTICLE I. E The purpose of the parties in entering nto this Agreement is to analyze the feasibility and environmental irnpacts of integrated transportation improvements alorig the Highway 10 corridor, including highway inOp[0voDlents, commuter and freight rail, recreational trails, ( ITS . safety and related land use issues The method of accornplishing the purpose of this Agreernent is the 1 29 estabUshrnent of a joint powers board to provide a mechanisrn whereby the parties can jointly address the need for enhanced transportation along the corridor, congestion relief, decreased traveling time, and systernatic and Lise and development planning. Additionally, the purpose of the parties is work together to meet the future transportation needs of the Northstar Corridor with the following four goals: (1) Improve mobility and safety; (2) Minimze adverse environrnental irnpacts and foster positive environmental effects; (3) Encourage transportation-supportive and use and deveiopment patterns; and (4) Provide acost-effective and efficient trarisportation system. In the furtherance of this purpose, the parties authorize the Authority to accept the delegation from the State of the responsibility and authority to develop commuter rail in the Northstar Corridor, including but not limited to preparing an advanced corridor plan, financial and operating plans, negotiating with the [ai|rOads, preliminary engineering, final design, and construction. 2. Article IV, Paragraph H of the Aonaenlen1, as previously a[nended, is further amended to read as follows: M. The Authority shall perform the responsibHities detegated hy the Commissioner OfTransportation for development and construction of commuter rai|, pursuant to an agreernent with the State of Minnesota and subject to the condition that sufficient funds are received. 3. Article V, Section 2, Paragraph B of the Agreement, as previously amended, is further aniended to read as foliows: B. The Authority may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its dudes, including agreements entered into pursuant to Minn. Stat. §G 471.59, 04. . and 174.83. and enforce such contracts to the extent available in equity or at law. The Authority may approve any contract relating to this Agreement up to the amount approved in the annual bUdOe[, and may authorize the Chair of the Authority to execute those contracts. No payment on any invoice for services performed by a consuttant or any other persori or organization providing services in connection with this Agreement shall be authorized unless 2 30 approved by the Executive Committee 4, Article V, Section 2, Paragraph G of the Agreement, as previously amended, is further amended to read as follows: G. The Authority may acquire, hold, and dispose of such real and personal property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement, agreements relating to the financing of the Northstar Corridor, or agreements with the State of Minnesota 5. Article VI, Section 2 and 3, of the Agreement, as previously amended, further amended to read as follows: Section 2: Chair and Vice Chair. The Authority shall elect a Chair and Vice Chair from its membership at its first regular meeting. The Chair and Vice Chair shall be elected by the Authority from its membership for a two year term The Chair I shall preside at all meetings of the Authority, may establish such subcommittees as may be needed from time to time and shall perform other duties and functions as may be determined by the Authority. The Vice Chair shall preside over and act for the Authority during the absence of the Chair. The Vice Chair shall also perform the duties and functions of the Treasurer as provided for in the by-laws. If both the Chair and Vice Chair are absent, the Authority may elect a temporary chair to conduct its business, provided a quorum is present. Section 3: Committees. A. Executive Committee. The Authority shall establish an Executive Committee of the Authority consisting of 3 31 Committee shall be responsible for making recommendations to the Authority concerning any decision regarding the capital costs or capital budget for the Northstar Corridor Any decision that would increase the capital contribution of any member must be approved by a 4 32 unanimous of the Committee and must be approved by the board of commissioners 6. Article VI, Section 6, of the Agreement is amended to read as follows: Section 6: Meetings. An initial organizational meeting of the Authority shall be held at the Sherburne County Courthouse, on May 1, 1997, at 4:30 p.m. Thereafter, the Authority shall meet at regular meetings at such times and places as the Authority shall establish in its bylaws. Special meetings may be held on reasonable notice by the Chair or any two representatives upon terms and conditions as the Authority may determine. 7. Article VII, Section 2, of the Agreement is amended to read as follows: Section 2: On-Going Administrative Expenses. A. By of each year, the Authority shall adopt an annual I administrative budget for the following calendar year, and shall determine the amount or contribution, if any, by each member The budget and the resulting assessments shall be approved by a two-thirds majority of the Authority . Any excess funds in the administrative budget remaining at the end of the fiscal year shall be carried forward in such manner as to reduce proportionately each rnerriber's contribution for the following fiscal year. B. If the Authority incurs any expenses as a result of a claim for damages, the expenses paid shall be assessed against each member in the same proportion as the assessments described in paragraph A above, as applicable. 8. Article IX, Section 2, of the Agreement is amended to read as follows: Section 2: Records, Accounts and Reports. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Authority shall be subject to the provisions of Minn. Stat. Chapter 13, the Minnesota Government Data Practices Act, and Minn. Stat. § The Authority, within one hundred and twenty (120) days after the close of each fiscal year, which shall be January 1 to 5 33 Dacember 31, shall give a complete wutten report of alt financial activities for such fiscal year to the padies B. Article IX is amended by adding a new Section 6 to the Agreernent to read as follows: 10. This Amendment NV. 2 may be executed in two or more Count9rp8dS, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 11. The terms and conditions set forth in the Agreement, as p[eviuU8|y annend8d, shall continue in full force and effect, except as DlOdified herein, and shall apply to this Amendment No. 2 as if fully set forth herein. |N WITNESS WHEREOF, the parties to this Amendment No. 2 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: 6 34 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY THIS AMENDMENT NO. 2 is made by and between the undersigned Counties, Regional Railroad Authorities, Cities, and Townships, all being governmental units of the State of Minnesota, (hereinafter the "Members") pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, and shall be effective upon execution by each of the Members. WHEREAS, the Members have entered into a joint powers agreement, as amended, (hereinafter the "Agreement") for the purpose of meeting the future transportation needs of the Northstar Corridor from the St. Cloud area to downtown Minneapolis; and WHEREAS, the Northstar Corridor Development Authority (hereinafter the "Authority") has, in collaboration with the Minnesota Department of Transportation ("Mn/DOT") and the Metropolitan Council, completed the design and construction of the first phase of the Northstar commuter rail system from Big Lake to Minneapolis; and tvaiIHEREAS, revenLie service of the first phase of the Northstar commtiter iI system commenced on November 16, 2009 and is owned and operated by the Metropolitan Council; and WHEREAS, the !Members desire to amend the Agreement to streamline the operations of the Authority, in order to efficiently and cost effectively complete the Northstar commuter rail system to the City of St. Cloud, NOW, THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive herefrom, and other good and valuable consideration, receipt of which is hereby acknowledged, the Members agree to amend the Agreement as follows: 1. Article I of the Agreement, as previously amended, is further amended to read as follows: ARTICLE I. PURPOSE The purpose of the parties in entering into this Agreement is to analyze the feasibility and environmental impacts of integrated transportation improvements along the Highway 10 corridor, including highway improvements, commuter and freight rail, recreational trails, intelligent transportation system ("ITS"), safety and related land use issues. The method of accomplishing the purpose of this Agreement is the establishment of a joint powers board to provide a mechanism whereby 1 35 the parties can jointly address the need for enhanced transportation along the corridor, congestion relief, decreased traveling time, and systematic land use and development planning. Additionally, the purpose of the parties is work together to meet the future transportation needs of the Northstar Corridor with the following four goals: (1) Improve mobility and safety; (2) Minimize adverse environmental impacts and foster positive environmental effects; (3) Encourage transportation-supportive and use and development patterns; and (4) Provide a cost-effective and efficient transportation system. In the furtherance of this purpose, the parties authorize the Authority to accept the delegation from the State and/or the Metropolitan Council of the responsibility and authority to develop commuter rail in the Northstar Corridor, including but not limited to preparing an advanced corridor plan, financial and operating plans, negotiating with the railroads, preliminary engineering, final design, and construction. ArtirsIP IV, ParAgrPph H nf the AgrePrnr-nt PR PrPVinlIR!y PrnPrldPri, iR ftirther amended to read as follows: H. The Authority shall perform the responsibilities delegated by the Commissioner of Transportation and/or the Metropolitan Council for development and construction of commuter rail, pursuant to an agreement with the State of Minnesota and subject to the condition that sufficient funds are received. 3. Article V, Section 2, Paragraph B of the Agreement, as previously amended, is further amended to read as follows: B. The Authority may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties, including agreements entered into pursuant to Minn. Stat. §§ 471.59, 398A.04, 473.4057, and 174.82, and enforce such contracts to the extent available in equity or at law. The Authority or the Executive Committee may approve any contract relating to this Agreement up to the amount approved in the annual budget, and may authorize the Chair of the Authority to execute those contracts. No payment on any invoice for services performed by a consultant or any other person or organization providing services in connection with this Agreement shall be authorized unless approved by the Executive Committee or as otherwise authorized by the Executive Committee. 2 36 4. Article V, Section 2, Paragraph G of the Agreement, as previously amended, is further amended to read as follows: G. The Authority may acquire, hold, and dispose of such real and personal property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement, agreements relating to the financing of the Northstar Corridor, or agreements with the State of Minnesota or the Metropolitan Council. 5. Article VI, Sections 2 and 3, of the Agreement, as previously amended, are further amended to read as follows: Section 2: Chair and Vice Chair. The Authority shall elect a Chair and Vice Chair from its membership at its first regular meeting. The Chair and Vice Chair shall be elected by the Authority from its membership for a two year term and must be a county commissioner representing a county regional railroad authority. The Chair shall preside at all meetings of the Authority, may establish such subcommittees as may be needed from time to time and shall perform olt ler duties and functions as may be deterniined by 1:1-te A`uthority. The Vice Chair shall preside over and act for the Authority during the absence of the Chair. The Vice Chair shall also perform the duties and functions of the Treasurer as provided for in the by-laws. If both the Chair and Vice Chair are absent, the Authority may elect a temporary chair to conduct its business, provided a quorum is present. Section 3: Committees. A. Executive Committee. The Authority shall establish an Executive Committee of the Authority consisting of the following: two members from the Anoka County Regional Railroad Authority; two members from the Sherburne County Regional Railroad Authority; two members from the Hennepin County Regional Railroad Authority; one member from the Stearns County Regional Railroad Authority; and one member from the Stearns County Board of Commissioners. In the absence of an appointed commissioner at a meeting of the Executive Committee, an alternate commissioner may exercise the voting rights of the member. In the event that only one appointed commissioner is present at a meeting of the Executive Committee, that commissioner may cast two votes. The Chair of the Authority shall act as the Chair of the Executive Committee. The duties of the Executive Committee shall include the following: 3 37 1. Subject to the Authority's direction, the Executive Committee shall fulfill the day-to-day responsibilities of the Authority for the implementation of commuter rail in the Northstar Corridor, including the Authority's responsibility to act as the Corridor Coordinating Committee described in Minn. Stat. § 174.86, subd. 5. 2. The Executive Committee shall be responsible for approving contracts and expenses relating to this Agreement up to the amount approved in the annual budget and authorizing the Chair of the Authority to execute those contracts, approving invoices within approved contract amounts, addressing personnel issues, fulfilling the management responsibilities of the Authority, and performing such other duties as set forth in the Authority's bylaws. 3. The Executive Committee shall recommend the annual administrative budget to the Authority. The budget must be recommended by 4/5th majority vote of the Executive Committee. 4. The Executive Committee shall be responsible for making recommendations to the Authority concerning any decision regarding the capital costs or capital budget for the Northstar nnrridni. Any ciPri*Irl of the Authnrity that wni tld inrp=‘acP the capital contribution of any member must be approved by a unanimous vote of the Executive Committee and must be approved by each of the funding partner's board of commissioners. 6. Article VI, Section 6, of the Agreement is amended to read as follows: Section 6: Meetings. An initial organizational meeting of the Authority shall be held at the Sherburne County Courthouse, on May 1, 1997, at 4:30 p.m. Thereafter, the Authority shall meet at regular meetings at such times and places as the Authority shall establish in its bylaws. Special meetings may be held on reasonable notice by the Chair or any two representatives upon terms and conditions as the Authority may determine. The Authority shall meet at least twice in each calendar year. 7. Article VII, Section 2, of the Agreement is amended to read as follows: Section 2: On-Going Administrative Expenses. A. By August 15 of each year, the Authority shall adopt an annual administrative budget for the following calendar year, and shall determine the amount of contribution, if any, by each member county regional railroad authority. The budget and the resulting assessments shall he 4 38 approved by a two-thirds majority vote of the members present at a meeting of the Authority called for that purpose. Any excess funds in the administrative budget remaining at the end of the fiscal year shall be carried forward in such manner as to reduce proportionately each member's contribution for the following fiscal year. B. If the Authority incurs any administrative expenses as a result of a claim for damages, the administrative expenses paid shall be assessed against each member in the same proportion as the assessments described in paragraph A above, as applicable. 8. Article IX, Section 2, of the Agreement is amended to read as follows: Section 2: Records, Accounts and Reports. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Authority shall be subject to the provisions of Minn. Stat, Chapter 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The Authority, within one hundred and twenty (120) days after the close of each fiscal year, which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the parties. 9. Article IX is amended by adding a new Section 6 to the Agreement to read as follows: Section 6: Liability A. Separate Public Entity. The Authority is a public entity separate from the parties and shall not be deemed by virtue of this Agreement to be an agent or partner of the parties to this Agreement, the Metropolitan Council, the Minnesota Department of Transportation, or any grantee, nor shall the parties be liable for the actions of the Authority, the Metropolitan Council, the Minnesota Department of Transportation or any grantee. B. Responsibility for Own Acts and Omissions. Each party agrees that it will be responsible for its own acts and omissions, the acts and omissions of its commissioners, officers and employees and any liability resulting there from to the extent authorized by law. No party shall be responsible for the acts of the other parties and the results thereof. Each party acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota State Statute. Each party agrees to promptly notify all parties if it becomes aware of any potential Authority related claim(s) or facts giving rise to such claims. 5 39 C. No Waiver. Notwithstanding the foregoing, the terms of this Agreement are not to be construed as, nor operate as, waivers of a party's statutory or common law immunities or limitations on liability, including, but not limited to, Minn. Stat. Chap. 466. Further, the party's obligations set forth in this Article and otherwise in this Agreement, are expressly limited by the provisions of Minn. Stat. Chap. 466, Minn. Stat. § 471.59, and any other applicable law or regulation providing limitations, defenses or immunities to the parties and to the Authority. 10. This Amendment No. 2 may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 11. The terms and conditions set forth in the Agreement, as previously amended, shall continue in full force and effect, except as modified herein, and shall apply to this Amendment No. 2 as if fully set forth herein. IN WITNESS WHEREOF, the parties to this Amendment No. 2 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: 6 40 C. No Waiver. Notwithstanding the foregoing, the terms of this Agreement are not to be construed as, nor operate as, waivers of a party's statutory or common law immunities or limitations on liability, including, but not limited to, Minn. Stat. Chap. 466. Further, the party's obligations set forth in this Article and otherwise in this Agreement, are expressly limited by the provisions of Minn. Stat. Chap. 466, Minn. Stat. § 471.59, and any other applicable law or regulation providing limitations, defenses or immunities to the parties and to the Authority. 10, This Amendment No. 2 may he executed in two or more counterparts, each of which shall he deemed an original, but all of which shall constitute one and the same instrument. 11. The terms and conditions set forth in the Agreement, as amended, shall continue in full force and effect, except as modified herein, and shall apply to this Amendment No. 2 as if fully set forth herein. IN WITNESS WHEREOF, the parties to this Amendment No. 2 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: ATTEST: CITY OF COLUMBIA HEIGHTS BY: BY: Title: Title: Dated: Dated: Approved as to form and Execution: BY: Title: Dated: 6 41 Mayor Gag L.Ppeier.son CITY OF COLUMBIA HcIGHTS Councilmembers John Hunter Donald G. Jolly 590 40TH AVENUE N.E., CoLummA HEIGHTS, MN 551121-3878 (612) 782-2800 TDD 782-2806 Marlaine Szurek Julienne Wyckoff ADMINISTRATION Cu). Manager Walter R Fehst TO: Tim Yantos, Anoka County, 325 E. Main Street, Anoka, MN 55303 FROM: Carole Blowers, Administrative Secretary, City of Columbia Heights 782-2810 DATE ITEM' ACTION REOU1RED 11-1-99 Amendment No. 1 to Joint Powers Agreement Establishing the Northstctr Corridor Development Authori OTHER COMMENTS: Attached is a signed copy of above amendment which was passed hy the City Council of the City of Columbia Heights on October 25, 1999, HE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORT1fl42Y EMPLOYER AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY THIS AMENDMENT NO. 1 is made by and between the undersigned Counties, Regional Railroad Authorities, Cities, and Townships, all being governmental units of the State of Minnesota, (hereinafter the "Members") pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, and shall be effective upon execution by each of the Members. WHEREAS, the Members have entered into a joint powers agreement (hereinafter the "Agreement") for the purpose of establishing the Northstar Corridor Development Authority (hereinafter the "Authority") to analyze the feasibility and environmental impacts of integrated transportation improvements along the Highway 10 corridor; and WHEREAS, the Authority has determined that commuter rail in the Northstar Corridor is technically feasible; and WHEREAS, in 1999, the Minnesota Legislature authorized the Minnesota Department of Transportation to develop, construct, and operate commuter rail in Minnesota and to delegate its authority to joint powers boards established for this purpose; and WHEREAS, the Members desire to amend the Agreement to authorize the Authority to develop and construct commuter rail and associated improvements in or related to the Northstar Corridor and to enter into all agreements necessary or desirable to accomplish the purposes of this Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive herefrom, and other good and valuable consideration, receipt of which is hereby acknowledged, the Members agree to amend the Agreement as follows: 1. Article I of the Agreement is amended by adding a new paragraph following the existing language that reads as follows: Additionally, the purpose of the parties is work together to meet the future transportation needs of the Northstar Corridor with the following four goals: (1) Improve mobility and safety; (2) Minimize adverse environmental impacts and foster positive environmental effects; 1 43 (3) Encourage transportation-supportive land use and development patterns; and (4) Provide a cost-effective and efficient transportation system. In the furtherance of this purpose, the parties authorize the Authority to accept the delegation from the State of the responsibility and authority to develop commuter rail in the Northstar Corridor, including but not limited to preparing an advanced corridor plan, financial and operating plans, negotiating with the railroads, preliminary engineering, final design, and construction. 2. Article II of the Agreement is amended to read as follows: ARTICLE IL JOINT POWERS BOARD MEMBERS AND TERM The government units that are eligible to participate in this joint powers agreement include: Anoka County Regional Railroad Authority Hennepin County Regional Railroad Authority Morrison County Regional Railroad Authority St. Cloud/Stearns County Regional Railroad Authority Sherburne County Regional Railroad Authority County of Anoka County of Benton County of Hennepin County of Morrison County of Sherburne County of Stearns City of Anoka City of Becker City of Big Lake City of Blaine City of Clear Lake City of Columbia Heights City of Coon Rapids City of Elk River City of Fridley City of Little Falls City of Minneapolis City of Ramsey City of Rice City of Royalton City of St. Cloud City of Sartell City of Sauk Rapids City of Spring Lake Park Becker Township Bellevue Township Big Lake Township Clear Lake Township Haven Township Langola Township Little Falls Township Sauk Rapids Township Watab Township Additional governmental units may be eligible to participate if approved by the Authority. The terms and conditions of this Agreement shall be effective as to an eligible participant when the Agreement has been executed by the duly authorized representatives of that party. This Agreement shall commence when it has been duly executed by Anoka County and Sherburne County or their respective railroad authorities and shall continue until terminated as provided herein. 2 44 Government units that are located within rail/transportation corridors other than the Northstar Corridor are eligible to participate as non•voting, coordinating members (hereinafter referred to as "Coordinating Members" or "Coordinating Memberships"). The purpose of the Coordinating Memberships is to facilitate coordination with other rail/transportation corridors that may be affected by decisions made by the Authority. The government units that are eligible for a Coordinating Membership include, but are not limited to, the Ramsey County Regional Railroad Authority, the Red Rock Corridor Cornmission, and santi County. Coordinating Members may be eligible to participate if approved by the Authority. 3. Article IV of the Agreement is amended by adding new paragraphs G. and H. as follows: G. The Authority shall seek, receive, and manage federal, state, and local funding, in conjunction with Mn/DOT and the Metropolitan Council. H. The Authority shall perform the responsibilities delegated by the Commissioner of Transportation for development and construction of commuter rail, pursuant to an agreement with the State of Minnesota and subject to the condition that sufficient funds are received. 4. Article V, Section 2, Paragraphs B, F, and G of the Agreement are amended to read as follows: B. The Authority may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties, including agreements entered into pursuant to Minn. Stat. § 471.59, 398.04, subd. 9, and 174.82, and enforce such contracts to the extent available in equity or at law. The Authority may approve any contract relating to this Agreement up to the amount approved in the annual budget, and may authorize the Chair of the Authority to execute those contracts. No payment on any invoice for services performed by a consultant or any other person or organization providing services in connection with this Agreement shall be authorized unless approved by the Executive Committee. F. The Authority may apply for and accept gifts, grants or loans of money, other property or assistance from the United States Government, the State of Minnesota, local government units, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, other property to the parties and 3 45 assistance in accordance with the terms of this gift, grant or loan relating thereto. G The Authority may acquire, hold, and dispose of such real and personal property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement, agreements relating to the financing of the Northstar Corridor, or agreements with the State of Minnesota. 5. Article V, Section 2, of the Agreement is amended by adding new paragraph I. as follows: The Authority may sue and be sued in its own name. 6. Article VI, Section 3, of the Agreement is replaced by the following: Section 3: Committees. A. Executive Committee. The Authority shall establish an Executive Committee of the Authority consisting of five members and alternates, including one representative from a city, a town, a county and a regional railroad authority, as well as the Chair of the Authority. In establishing the Pxr-outive Committee, the Authority shall consider geographic balance in the representation on the Committee. The Executive Committee shall be responsible for approving invoices within approved contract amounts, addressing personnel issues, fulfilling the day-to-day management responsibilities of the Corridor Coordinating Committee described in Minn. Stat. § 174.86, subd. 5, and performing such other duties as set forth in the Authority's bylaws. B. Capital Budget Committee. The Authority shall establish a Capital Budget Committee of the Authority consisting of one member and alternate from each of the following: the Anoka County Regional Railroad Authority, the Hennepin County Regional Railroad Authority, Sherburne County Regional Railroad Authority, and Benton County, The Authority may add one or more additional members to the Capital Budget Committee if that member has made a significant contribution to the capital funding of the Northstar Corridor. The Capital Budget Committee shall be responsible for making recommendations to the Authority concerning any decision regarding the capital costs or capital budget for the Northstar Corridor and performing such other duties as set forth in the Authority's bylaws. Any decision that would increase the capital contribution of any member must be approved by a unanimous decision of the Capital Budget Committee and 4 46 must be approved by the rnember's board of commissioners or co LI ncil. 7. Article VII of the Agreement shall be amended by adding a new Section 5 as follows: Section 5: Capital Financin.. It is understood by the parties that the capital costs of the Northstar Corridor project are to be funded primarily by grant monies from the United States Government, the State of Minnesota or any other association or agency. In addition, it is contemplated that certain member counties and regional railroad authorities will contribute funding for capital costs pursuant to agreements independent of this Agreement. 8. Article VII of the Agreement shall be amended by adding a new Section 6 as follows: Section 6: °aerations and °aerations Financing. Nothing in this Agreement shall create an obligation or authorize the Authority to operate or finance the operations of commuter rail in the Northstar Corridor. 9. This Amendment No. 1 may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10. The terms and conditions set forth in the Agreement shall continue in full force and effect, except as modified herein, and shall apply to this Amendment No. 1 as if fully set forth herein. 5 47 IN WITNESS WHEREOF, the parties to this Arnendrnent No. 1 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: ATTEST: z CI Aisidk UMBIA, EP- Title: Title Al • Dated: /,7G/,' Dated: $ • — Approye .s • .f.r a, d ' -cution Title (---- Dated: /c) _ 99 6 48 CITY COUNCIL LETTER Meeting of: May 24, 2010 AGENDA SECT1ON: Consent ORIGINATING DEPT.: CITY MANAGER N[}: Community Development APPROVAL ITEM: Adopt Resolution 2010-53 being a BY 3bci)nCmrtuey 8Y ��--' Resolution to approve ocquisidoonf3042 [)/\TE:��uy|3,20l0 �^- - ~~ Tyler Street. Background: At the June 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered site district. The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. The following guidelines for acquisition were approved: 1) An acquisition price point Vf$55,000orless 2) All homes purchased will be demolished 3) Homes acquired should fall in one n[ the following categories: a. Evidence ofstructural failure b. Hazardous conditions including extensive mold c. Functional obsolescence (size ofproperty, interior layout) d. Extensive physical deterioration 4) Residual vacant lots shall meet existing zoning standards for purposes ofrebuilding 5) Recognition that extenuating circumstances may require deviation from the above policies As part of the pr 'ectdcscrihcdubovestafThasurgntiu1edthcpurchaycofpropcuy|ooatedut]042Ty\cr3trcct for $39,900 plus closing costs and demolition. The subject lot is about 4,800 square feet with an existing one bedroom single-family home that is 420 square feet, which was built in 1921. The house has evident water damage in the basement and mold is present. The main floor has a small kitchen, living room and one bedroom the bathroom is located in the unfinished basement. Recommendation: Staff recommends approval of the purchase. The funds will come from the Scattered site district fund 376. Recommended Motion: MOTION: Move to waive the reading ofResolution 2010-53, there being ample amount ofcopies available to the public. MOTION: Move to adopt Resolution 2010-53, approving the acquisition ofproperty Iocated at 3842 Tyler Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachrnents: Resolution 2010-53 COUNCIL ACTION: 49 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2010-53 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 3842 TYLER STREET NORTHEAST IN THE CITY AND ASSIGNMENT THF,REOF TO Mr COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as foliows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CB[) Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to409.O47 (the ^^E{PLA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problerns and remediate and prevent the emergence ofblight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with seliers and entering into purchase agreements on behalfofthe Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Fannie Mae (the "Seller dated as of June 29, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase /\grcenuenC), for real property located at 3842 Tyler Street Northeast and legally described as follows: Lot 7, Block 4, Waltons 1 Subdivision ofReservoir Hills(the "Property"), which Purchase Agreement is contingent upon approval by the City Councii. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority ofsuch assignment. 1.07. The Purchase Agreement has been prepared and submitted and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $39,900. 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 docunients and agreements related to such transaction. 1 50 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. Passed this 12th day of July 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 51 CITY COUNCIL LETTER Meeting of July 12, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY Gary Gorman Licenses Y NO: DATE: May 4, 2010 Approval of attached list of rental housing applications. BDATE:tirl _ RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for July 12, 2010 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 52 List: of 2010 Rental Licenses to Approve by Council 825 41st Avenue w.E.' Columbia Heights, mw 55421 - Ph: 7sa-7o6-o/os' Fax: roo-7us-8e1 10010 1118 44 1/2 AVE NE Girmay, Estifanos F10216 2158 Int. Speedway Blvd $158.00 Daytona Beach, FL 32114 10036 4222 MONROE ST NE Witt, Robert F10131 353 Owasso Blvd S. $ 150.00 Roseville, K8N55113 10047 4224 JACKSON ST NE Ali, Mir F10306 2330 45th Avenue NE $ 150.00 Columbia Heights, MN 55421 10062 4217 QUINCY ST NE Ludwig, Robert F10427A 1149 Pond Curve $ 150.00 Waconia, MN 55387 10866 3971 JOHNSON ST NE Engles, Justin F10437 6021 Central Avenue N,E. $ 150.00 Fridley, MN 55432 10108 5U14OTH AVE NE Risk, Theodore F10435 4063 146th AVE NE $ 150.00 Ham Lake, MN 55301 10198 4332 TYLER ST NE Chodak, Tenzin F10321 11O3 Able Street N.E. $ 150.00 Blaine, MN 55434 10211 i84241ST AVE WE Koch, Ken F10129 4042 Arthur ST NE $ 150.00 Columbia Heightm, MN 55421 10216 3863 RESERVOIR BLVD NE Murphy, Kimberly F10446 2350 Mbabane Place $ 150.00 Dulles, VA 20189 10318 411O 7TH STNE Le.Hau F10130 10104 Welcome Avenue N. $ 150.00 Brooklyn Park, MN 55443 10317 5006 6TH ST NE Singel, Dan F10431 938 Dawn Ave $ 150.00 Shoreview, MN 55126 07/06/2010 II:39 Page 1 53 List of 2010 Rental Licenses to Approve by Council 825 41st Avenue N.E ' Columbia Heights, mw m54u1- Ph: r63-ro6-x1eo- Fax: rsu-7us-8m1 12005 3800 TYLER ST NE Smith, Bruce F10366 38OO Tyler Street NE $ 150.00 Columbia Heights, MN 55421 12017 3940 JOHNSON ST NE Pasang, Pasang F10479 3940 JOHNSON ST NE $ 150.00 Columbia Heighto, MN 55421 12073 4909 JACKSON ST NE VVestman.VW||iom F10434 4909 NE Jackson Street 4909 $ 150.00 Columbia Heighto, MN 55421 12004 1026 45TH AVE NE 8uganeki.Raymond F10436 1O2445th Avenue NE $ 150.00 Columbia Heighto, MN 55421 12102 1235 37TH AVE NE Cotton, Cindy F10411 1%3337thAvenue $ 150.00 Columbia Heights, MN 55421 12221 4433 MAIN STNE Field, William F10477 4435 Main Street $ 150.00 Columbia Heights, MN 55421 20010 4G3G WASHINGTON STNE DaCosta, Ernest F10420 2G8 Balfour Ave $ 150.00 Winnipeg Manitoba CAN, CMR3L1NG 2O04 1324 C!RCLE TERRACE BLVD NE Fragae. Jayne F10394A 5233O Azalea Ave $ 150.00 Stanch8e|d.K8W55O8O 20067-N01411 37TH AVE NE Thorp, Willard F10423 337 Chestnut Street East $ 150.00 South St. Paul, N1N55U75 20096 1201 37TH AVE NE RUai, Mohmoud F10475B 608 37th Avenue $ 150.00 Columbia Heights, MN 55421 20102 11OU38TH AVE NE Eftede|d.Gbaven F10430 18884 255th St $ 150.00 Pierz, MN 56304 07/06/2010 I1:39 Page 2 54 List of 2010 Rental Licenses to Approve by Council oxo41st Avenue w.E.- Columbia Heights, Mw 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20112 3720 PIERCE ST NE Woolsey, Bart F10429 1495 Dias Drive $15O.OU San Martin, CA 95046-9751 20117 1214 45 1/2 AVE NE Luu-Wang, Ping F10476 S23Q 4th Avenue S. $ 150.00 Richfield, K8N5G423 20119 48175THSTNE Knoll, Amy F10392 481S 5th Street $ 150.00 Columbia Heights, MN 55421 20125 372O PIERCE STNE Fisher, Carolyn F10447 413 5th STNVV $ 150.00 St Michael, MN 55376-1041 20140 5043 JACKSON ST NE Moseychuk, Alexander F10472 1033 44-1/2 Avenue $ 150.00 Columbia HeiQhts, MN 55421 28146 5037 JACKSON ST NE N]inefeter,Pau| F10088 5039 NE Jackson Street $ 150.00 Columbia Heighto, MN 55421 20280 371A PIERCE STNE Melberg, Dale F10421 12644 Anchor Point Road $ 150.00 Croae|eke.&4N56442 20282 3731 PIERCE ST NE /\bde|-Karim. Hytham F20282 PO Box 21453 $ 150.00 Columbia Heights, MN 55421 20283 3801 PERCE ST NE Rifai, Mahmoud F10475A 608 37th Ave NE $ 150.00 Minneapolis, KHN55421 20347 4049 UNIVERSITYAVE NE K]ngahbar.AUen F10134 1236 N. Victoria $ 150.00 St. Paul, N1N55117 2D4UQ-ND41G1 TYLER STNE Stauch, Audrey F10478 1155 Khyber Lane N.E. $ 150.00 Columbia Heighte, MN 55421 07/06/2010 1I:39 Page 3 55 List: of 2010 Rental Licenses to Approve by Council 825 41st Avenue N.E. - Columbia Heights, MN so^o/'Ph: 763-706-815 s' �m�rsa�m�x,s/ 30053 980 44TH AVE NE Chies, Lester F10418 1530 Rice Creek Road $ 160.00 Fridley, MN 55432 30070 4422 CENTRAL AVE NE Ferreira, Michelle F10410 4422 Central Avenue, #2 $ 211.00 Columbia HeiQhto, MN 55421 30074 4534 MADISON ST NE Sinchi, Luis F10254 5000 Golden VaIIey Road $ 160.00 Golden Valley, PWNG541S 30161 454S TYLER STNE Yi.K4yong F10340 824 E. 7th ST. $ 234.00 St. Paul, K8N561UG 34009-NC1331 42ND AVE NE Naxvnocki.Doie F10405 173 Hartman Circ!e $ 150.00 Fridley, MN55432 34049-NC1429 42ND AVE NE Abbott, Nancy F10448 142Q42nd Avenue NE $ 150.00 Columbia Heighto, MN 55421 07/05/20I0 11:39 Page 4 56 CITY COUNCIL LETTER Meeting of: July 12, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: N(): DATE: July 9, 2010 BY BACKGROUND/ANALYSIS Attached is the business license agenda for the July 12. 2010 Council meeting. This agenda consists of applications for 2010 Contractor licenses. a Cigarette Sales License fnrPi|fi||oh Mkt, and Peddlers Licenses for ernployees ofAPX Alarm Co. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. lf not submitted, certain information cannot be released to the pub!ic. All license have been reviewed and approved by the Police Department. RECOMMENDED MOTION: Move to approve the items as listed on the business Iicense agenda for July 12, 2010 as presented. C0LTNC\LA.CT1QN: 57 TO CITY COUNCIL July 12, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2010 BLDG *Artisan Plumbing & Remodel 13972 Ember Way, Apple Val $60 *Metro Utilities 9656 161 Ave NW, Elk River $60 CIGARETTE SALES LICENSE POLICE *Abdalla Y. Tobasi 4305 Central Ave NE $60 (Filfillah Mkt) PEDDLER LICENSE for APX Alarm Co. POLICE *Carlos Nunez 4931 N 300 W., Provo, Utah $100 *Ramsey Henderson *Desean Gahner *Joshua Wright *Curtis Denison *Brian Jones *Jarod Maron *Jordan Henderson *David Morphis *Elizabeth Torres *Clarissa Keith *James Morphis *Ryan Simpson *John Morphis *Amanda Gimenez *Brady Bluhm 58 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: July 12, 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 135304 through 135472 in the amount of $ 3,099,681.37 . 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