HomeMy WebLinkAbout11/22/2010 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 Couneilmembers
Visit our website at: www.ci.columbia- heights.mn . us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Bruce Kel :enberg
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, November 22, 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 Associate Pastor Jeremiah Rice, 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
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of the City Council meeting. p7
MOTION: Move to approve the minutes of the November 8, 2010 City Council meeting.
B. Establish a closed Executive Session for the purpose of labor negotiations on Monday, p12
November 29, 2010 at 7:00 p.m. in Conference Room 1, preceding the Work Session.
MOTION: Establish a closed Executive Session for the purpose of labor negotiations on
Monday, November 29, 2010 at 7:00 p.m. in Conference Room 1, preceding the Work Session.
C. Adopt Resolution 2010 -129, being a resolution canceling the Monday December 27, 2010 City p13
Council meeting.
MOTION: Move to waive the reading of Resolution No. 2010 -129, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2010 -129, being a Resolution canceling the Monday,
December 27, 2010 City of Columbia Heights regular City Council meeting.
D. Approve Transfer of Funds from General Fund to Police Dept Budget re JAG I Grant Overtime p 15
Reimbursement
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City Council Agenda
Monday, November 22, 2010
Page 2 of 4
MOTION: Move to transfer $13,096.83, the amount of money received from Anoka County as
reimbursement for overtime under the JAG I grant for the first half of 2010, from the General
Fund to the Police Department 2010 Budget line as follows: $8,000.00 to line item 1023
Overtime -Other (POP OT) and $5,096.83 to line item 1020 Overtime.
E. Final Payment for Miscellaneous Concrete Project #0900 p16
MOTION: Move to accept the work for 2009 Miscellaneous Concrete Repairs and Installations,
City Project #0900 and authorize final payment of $2,367.16 to Ron Kassa Construction, Inc. of
Elko, Minnesota.
F. Approve Final Payment for 2008 Street Improvement Projects p19
MOTION: Move to accept the Engineer's Report of Final Acceptance for the 2008 Street
Improvement Projects, City Project Number 0602, 0802, and 0808 and authorize Final Payment
of $12,407.80 to Midwest Asphalt Corporation of Hopkins, Minnesota.
G. Adopt Resolution 2010 -127 Accepting the Feasibility Report for Zone 5 Street Seal Coat and p21
Ordering the Public Improvement Hearing, City Project No. 1101
MOTION: Move to waive the reading of Resolution 2010 -127, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2010 -127, being a resolution accepting the feasibility
report for Zone 5 Street Seal Coat City Project No. 1101 and ordering the Public Improvement
Hearing beginning at 6:30 p.m. on December 6, 2010.
H. Resolution 2010 -128 Accepting the Feasibility Report for Zone 6 Street Rehabilitation and p 29
Ordering the Public Improvement Hearing, City Project No. 1102
MOTION: Move to waive the reading of Resolution 2010 -128, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2010 -128, being a resolution accepting the Feasibility
Report for Zone 6 Street Rehabilitation, City Project No. 1102, and ordering the Public
Improvement Hearing beginning at 6:45 p.m. on December 6, 2010.
I. Acceptance of a State OES HVAC Improvement Grant in the Amount of $42,000 p41
MOTION: Move to accept a 2010 State of Minnesota OES Grant in the amount of $42,000 for
HVAC Improvements at City Hall, Public Works and the Library, and authorize the Mayor and
City Manager to enter into an agreement for the same; and to appropriate $14,000 in fund 411 for
the cost share portion of the City Hall boiler replacement.
J. Authorize Change Order No. 1 and Final Payment for the Sanitary Sewer Pipe Bursting on p59
Central Avenue, Project #0813
MOTION: Move to authorize Change Order No. 1 for water main relocation and restoration
work, City Project #0813, to Ellingson Companies in the amount of $49,103.00 to be funded
from KMart /Central Avenue TIF District T4.
MOTION: Move to accept the work for Sanitary Sewer Pipe Bursting, City Project #0813 and
authorize final payment of $77,599.66 to Ellingson Companies.
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City Council Agenda
Monday, November 22, 2010
Page 3 of 4
K. Adopt Resolution 2010 -115, being a Resolution establishing senior citizens or retired & disabled
person hardship special assessment deferral. p63
MOTION: Move to waive the reading of Resolution No. 2010 -115, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2010 -115, being a resolution retaining the maximum
income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special
assessment deferral.
L. Acceptance of Park Master Plans and Authorization to Proceed with Construction Plans for p65
Ramsdell Park
MOTION: Move to authorize Brauer and Associates to prepare final construction plans and
specifications based on the Master Plan for Ramsdell Park in the amount of $12,000.
M. Approve Refuse Service Contract Amendment #1 p67
MOTION: Move to approve the contract amendment #1 for Refuse, Recycling, and Yard Waste,
with Veolia Environmental Solid Waste Services.
N. Approval of the attached list of rental housing licenses. p73
MOTION: Move to approve the items listed for rental housing license applications for
November 22, 2010 in that they have met the requirements of the Property Maintenance Code.
O. Approve Business License Applications p80
MOTION: Move to approve the items as listed on the business license agenda for November 22,
2010 as presented.
P. Approve payment of the bills. p84
MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached
check register covering Check Number 136943 through 137081 in the amount of $1,802,690.00.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2010 -116, 3809 Buchanan Street N.E., 2010 -117, 1301 -03 Circle Terrace p91
Blvd. N.E., 2010 -120, 563 38th Avenue N.E., 2010 -121, 4056 -58 5th Street N.E., 2010 -123,
1468 Lincoln Terrace N.E.,and 2010 -124, 999 41st Avenue N.E., Apt. #320 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.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2010 -116, 117, 120, 121, 123, and 124 being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2010 -116, 117, 120, 121, 123, and 124 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.
B. Adopt Resolutions 2010 -125, 5001 5th Street N.E. and 2010 -126, 3841 3rd Street N.E. being p1
declarations of nuisance and abatement of violations within the City of Columbia Heights.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2010 -125 and 126 there being ample copies available to the public.
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City Council Agenda
Monday, November 22, 2010
Page 4 of 4
MOTION: Move to adopt Resolution Numbers 2010 -125 and 126 being resolutions of the City
Council of the City of Columbia Heights declaring the properties listed a nuisance and approving
the abatement of violations from the properties pursuant to City Code section 8.206.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions - none
B. Bid Considerations - none
C. New Business and Reports
Condemnation award. analysis and recommended settlement, City Project 0906 - Gateway
Pedestrian Bridge.
MOTION: to be submitted.
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
6
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA 1LEIGHTS
CITY COUNCIL MEETING
MONDAY, NOVEMBER 8, 2010
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
November 08, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Pastor Dan Thompson Columbia Heights Assembly of God Church gave the Invocation.
Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member
Diehm, Council member Kelzenberg
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Peterson referred to a correction on the election summary sheet to include the number of new registered
voters by Absentee Ballot just received from Anoka County.
Nawrocki requested discussion on the budget. He requested to remove Consent Agenda Item E for
discussion.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
CONSENT AGENDA
City Manager Walt Fehst took Council members through the Consent Agenda items.
A. Approve minutes of the City Council meeting.
Motion to approve the minutes of the October 25, 2010 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions
Motion to accept the minutes of the October 21, 2010 Charter Commission meeting.
Motion to accept the minutes of the October 6, 2010 Library Board meeting.
C. Adopt Resolution No. 2010 -114, being a Resolution Canvassing Municipal General Election
results.
Fehst stated that Peterson was re- elected to the Mayor's two year seat and Tami Diehm and Donna
Schmitt won the four year Council member seats.
Motion to waive the reading of Resolution 2010 -114, there being ample copies available to the
public.
Motion to adopt Resolution No. 2010 -114, being a Resolution Canvassing Municipal General
Election results.
D. Approve Transfer of Funds for Unique Thrift from General Fund to Police Dept. Budget Overtime
Line #1020.
Motion to transfer $2,497.50, the amount of money received from Unique Thrift as reimbursement
for overtime worked from the General Fund to the 2010 Police Department budget line 1020,
Overtime.
7
E. Adopt Resolution 2010 -112, being a Resolution authorizing use of the unexhausted portion of the
employer contribution to insurances toward a health savings account (HSA). - removed
F. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for November 8, 2010 as
presented.
G. 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 136759 through 136942 in the amount of $546,552.56.
Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of
item E. Upon vote: All ayes. Motion carried.
E Adopt Resolution 2010 -112, being a Resolution authorizing use of the unexhausted portion of the
employer contribution to insurances toward a health savings account (HSA).
Linda Magee, Assistant to the City Manager/Human Resources Director, indicated that starting
next year health insurance premiums are increasing by 42 percent. Currently, we offer three plans;
two high deductible health plans and a fully insured plan. What we are trying to do is encourage
people to move to the high deductible health plan. The more people we have on the high
deductible health plan, over time, will ultimately have a positive effect on our premiums. This is
because it will not pay out at dollar one, except for preventive services. Rather, the employees will
have to satisfy a deductible of either $1,500 single, $3,000 family, for the non - embedded plan or
$2,500 single or $5,000 family for the embedded plan. Currently what the city contributes covers
the individual plan. As an incentive to encourage employees on individual health insurance
coverage to participate in a high deductible health plan, staff is proposing to allow employees to
use up to $3,000 of the unexhausted employer contribution to insurances for a health savings
account (HSA); $1,500 in 2011 and $1,500 in 2012. As is illustrated in the council letter, even if we
did that, the city would still realize a savings of over $1,300 a year per employee that currently
takes the fully insured plan versus the high deductible plan. This resolution would authorize the use
of the unexhausted portion of the employer contribution to insurances toward a health savings
account. It would be effective for the non -union employees starting January 1 and for union
employees once a memorandum of understanding is entered into between the city and the
respective unions.
Nawrocki questioned what happens to that money now. Magee stated that non -union employees
can use it toward any other city benefit or deferred comp, but they cannot use it for an HSA. The
PMA union can do the same. The other unions cannot use it for anything else. Nawrocki asked if
some are using it now. Magee stated that we do have people on the family plan that are on the high
deductible health plan, because not only do they fully use the employer contribution to insurances,
the money they pay out of pocket on premiums and the deductible is far less compared to the
premiums of the fully insured health plan, even if they met the $3,000 deductible. Nawrocki asked
if they can take part in that program and the other HSA. Magee stated that if they contribute to an
HSA, they can not contribute to a traditional flexible spending account; they would only be able to
participate in the limited purpose flexible spending account. They could choose to be under a high
deductible health plan and not participate in a health savings account and then could participate in
the traditional flex account. Nawrocki stated that he would come in and speak to Ms. Magee with
further questions.
Diehm stated that we have certain obligations under the contracts with our employees that we not
reduce benefits. By offering this we give people the opportunity to have the same level of benefits,
with no out of pocket costs. Every employee that takes advantage of this option will end up with a
savings account. There is no potential to cost more money; there is only the potential to save us
money. Magee stated that we cannot lower the aggregate value of benefits without meeting and
negotiating with the unions. This would provide the incentive, save us money, and hopefully have a
positive effect on our premiums in the future. Diehm stated that the benefit to our employees of the
HSA is that it is putting money in a health savings account and it is not a "use it or lose it" account
and carries over year after year. There is no potential for it to cost us more money and will save us
money.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010 -112, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -112, being a Resolution
authorizing use of the unexhausted portion of the employer contribution to insurances toward
health savings account (HSA). Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS - none
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions - none
B. Bid Considerations
Adopt Resolution 2010 -113 being a Resolution Accepting Bids and Awarding the Contract for
2010 Sanitary Sewer Lining, City Project No. 1004, to Visu- Sewer, Inc.
Kevin Hansen, Public Works Director, stated this is an annual program completed over the last 15
years to correct root intrusion and structural defects. We prepared specifications and received seven
requests for plans. Four bids were received. Bids ranged from $150,000 to $220,000. For the lining
portion of the work, the bids are lower than in 2007, 2008, and 2009. The bids came in at about $23
a lineal foot. The last three years we have paid between $24.80 and $30 a lineal foot. We prepared
an alternate to correct and provide a liner boot where a service connection is at the main. He
referred to the work session which showed the televised report showing the problems we are
experiencing. We propose, with this specification, to award alternate #2 for correction through the
lining process. Staff recommended the total award of the base bid and the alternate of $163,659.
Nawrocki asked where the money will come from. Hansen stated it is budgeted in our sanitary
sewer construction fund. Nawrocki questioned where this bid was advertised. Hansen stated that
the advertisement was done electronically. The bidders are required to be prequalified. This is
regional work, with specific equipment required and 5 years experience necessary.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -113, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution 2010 -113, being a resolution
accepting bids and awarding the contract for 2010 Sanitary Sewer Lining, City Project No. 1004
including Alternate 1 to Visu- Sewer, Inc. of Pewaukee, Wisconsin based upon their low, qualified,
responsible bid in the amount of $163,659.00 with funds to be appropriated from Fund 652- 51004-
5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the
same. Upon vote: All ayes. Motion carried.
C. New Business and Reports
Nawrocki stated that he attended the Local Government Official's meeting which included a
presentation on water resources in Anoka County and the NorthStar rail line.
ADMINISTRATIVE REPORTS
Report of the City Manager
9
Fehst stated the anticipation of a work session on November 29 to discuss: Murzyn Hall rental rates,
our newsletter, water meter read batteries, Zone 6 road work public hearing on December 6, and the
budget. Fehst stated that with the outcome of the election it does not appear there will be any increase
in LGA and it looks like we will still to need to remove ourselves from the dependence of this aid.
Nawrocki indicated that there is a lot more work needed on the budget. We should not off set LGA
with taxes. People are tired of double digit increases. The expenditures for the year should be decreased
to the point that revenues cover expenditures without the use of any fund reserves. Nawrocki requested
that a copy of the budget be made available to Mr. Watson.
Nawrocki requested follow upon on the land acquisition costs from Savers for the Pedestrian Bridge on
49 Avenue. Hansen stated this would need to be reviewed further at a work session. We do not have
the numbers at this time.
Report of the City Attorney — nothing to report
CITIZENS FORUM
Malcolm Watson, 1717 49 Avenue, extended an invitation to the Veterans Day dinner sponsored by
Anoka County Veterans, at Coon Rapids VFW Post 9625 on Saturday, November 13. Watson
questioned how individual lines are opened when sewer pipes are lined. Hansen stated that entrances
are cut in robotically. Watson referred to the gavel he was awarded by the City Manager's group in
1965 or 66.
Nawrocki stated that this election process was more complicated and different than in the past. He
stated that Patty Muscovitz, Council Secretary /City Clerk did an outstanding job in handling the
election and the many changes involved. Peterson also complimented Muscovitz on the great job she
did, as there is a lot more involved than we all know. We have received compliments from the judges
on what a fine job she did. Nawrocki asked that the record show that the Mayor agreed with something
he said.
Donna Schmitt, 4260 Tyler Street, announced that a benefit will be held on November 20 from noon to
3:00 p.m. at 4141 Stinson Boulevard for Adam and Maria Davis.
Peterson stated: Remember our service men and women; don't take yourself too seriously, and do a
random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 7:35 p.m.
Patricia Muscovitz CMC City Clerk
RESOLUTION NO. 2010-114
CANVASSING MUNICIPAL GENERAL ELECTION RETURNS
WHEREAS, the City of Columbia Heights, did on the 2 day of November, 2010, conduct and hold a General Municipal
Election for the purpose of electing a Mayor and two Council Members; and
WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 8 day of
November, 2010, did canvass the returns and results of said General Municipal Election; and
WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit:
TOTAL BALLOTS CAST IN ELECTION: 6,773
10
Valid Votes Cast for Mayor Valid Votes Cast for two 4 -Year Council Seats
Gary L. Peterson 3,359 Tami Diehm 3,006
Bob Odden 2,492 Donna Schmitt 2,669
Overvotes 2 Bruce Kelzenberg 2,395
Times Blank Voted 887 Stan Hoium 1,830
Write -Ins 33 Times Blank Voted 1,005
Undervotes 1,605
Write -Ins 31
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L.
Peterson is hereby elected Mayor, and that Tami Diehm and Donna Schmitt are hereby elected members of the City
Council, assuming said offices on January 1, 2010.
RESOLUTION NO. 2010-112
RESOLUTION AUTHORIZING USE OF UNEXHAUSTED PORTION OF EMPLOYER CONTRIBUTION TO
INSURANCES TOWARD HEALTH SAVINGS ACCOUNT (HSA)
WHEREAS, the health insurance options currently offered to eligible employees include a fully insured high option plan
as well as high deductible (low option) health plans;
WHEREAS, effective January 1, 2011, health insurance premiums will be increasing 42 %;
WHEREAS, increasing participation in the high deductible health plans will ultimately have a positive effect on future
premiums;
WHEREAS, in an effort to encourage employees on individual health insurance coverage to participate in a high
deductible health plan while at the same time minimizing the impact on the City budget,
BE IT RESOLVED that the employer hereby authorizes the use of the unexhausted portion of the employer contribution
toward insurances to be placed in a Health Savings Account; and
BE IT FURTHER RESOLVED that such amount will not exceed $1,500 for 2011 and $1,500 for 2012; and
BE IT FURTHER RESOLVED that such authorization will be effective immediately for non -union employees and for
union employees once a memorandum of understanding is entered into between the City and the respective union(s).
RESOLUTION NO. 2010 -113
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2010 SANITARY SEWER LINING,
CITY PROJECT NO. 1004, TO VISU- SEWER, INC.
WHEREAS, pursuant to an advertisement for bids for City Project No. 1004, Sanitary Sewer Lining bids were received,
opened and tabulated according to law. The following bids were received complying with the advertisement:
BIDDER TOTAL
Visu- Sewer, Inc. $ 163,659.00
Veit and Company, Inc. $ 179,325.00
Lametti & Sons, Inc. $ 195,123.50
Michels Corporation $ 242,201.00
WHEREAS, it appears that Visu- Sewer, Inc. of Pewaukee, Wisconsin 53072 is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Visu- Sewer, Inc. in the
name of the City of Columbia Heights, for the 2010 Sanitary Sewer Lining, City Project No. 1004, according to plans and
specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their
bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been
signed.
3. City Project No. 1004 shall be funded from the Sanitary Sewer Construction Fund.
11
COLUMBIA H FIGHTS - CITY COUNCIL LETTER
Meeting of: November 22, 2010
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: Establish Executive BY: Walter R. Fehst BY : --
Session Meeting Date —Nov. 29, `10 DATE: Nov. 15, 2010
NO: DATE:
It is suggested to schedule a City Council Executive Session, for the purpose of discussing labor
contract negotiations, beginning at 7:00 p.m. on Monday, November 29, 2010 (immediately prior
to the City Council work session meeting), in Conference Room 1.
RECOMMENDED MOTION:
MOTION: Move to schedule a City Council Executive Session for the purpose of discussing labor
contract negotiations, at 7:00 p.m. on Monday, November 29, 2010, in Conference Room 1,
preceding the Work Session.
COUNCIL ACTION:
12
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 22, 2010
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS
NO: CITY MANAGER APPROVAL
ITEM: Adopt Res. 2010 -129 Council BY: Walt Fehst BY:
meeting date December 2009 DATE: November 17, 2009 DATE:
NO:
Background:
The regularly scheduled second December City Council meeting date is December 27, 2010, just after
the December 24 and 25 observed holidays.
In the past years, the City Council has chosen to cancel the last regular meeting of the year.
Recommendation:
• Cancel the Monday, December 27, 2010 regularly scheduled City Council meeting.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2010 -129, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2010 -129, being a Resolution canceling the Monday,
December 27, 2010 City of Columbia Heights regular City Council meeting.
COUNCIL ACTION:
13
RESOLUTION NO. 2010-129
BEING A RESOLUTION CANCELING THE
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF
MONDAY, DECEMBER 27, 2010
WHEREAS: The City of Columbia Heights offices are closed on Thursday, December
23, 2010 and Friday, December 24, 2010, and;
WHEREAS: The City Council has agreed to cancel the regular Council meeting
scheduled for Monday, December 27, 2010;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change.
Passed this day of November 2010
Offered by:
Second by:
Roll call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
14
CITY COUNCIL LETTER
Meeting of November 22, 2010
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROV
ITEM: Approve Transfer of Funds from General Fund BY: Scott Nadea BY:�� -
Bud
p g
to Police De t et re JAG I Grant Overtime DATE November 17, 2010 DATE:
Reimbursement
NO:
BACKGROUND
The Police Department recently received another reimbursement from the Edward Byrne Memorial
Justice Assistance Grant (commonly referred to as JAG I) for overtime expended toward proactive,
targeted initiatives. The JAG I grant is a countywide award, for which Anoka County is acting as fiscal
agent. This reimbursement was in the amount of $13,096.83, which covers the first half of 2010.
Details covered under the reimbursement include two All -Hands Day details and several POP (Problem
Oriented Policing) details which focused on various identified hotspots.
ANALYSIS /CONCLUSION
The $13,096.83 was deposited into the General Fund. The Police Department is requesting that the
funds received from Anoka County be moved back into the 2010 Police Department Budget as follows:
$8,000.00 to line item 1023 Overtime -Other (POP OT)
$5,096.83 to line item 1020 Overtime
RECOMMENDED MOTION:
Move to transfer $13,096.83, the amount of money received from Anoka County as reimbursement for
overtime under the JAG I grant for the first half of 2010, from the General Fund to the Police
Department 2010 Budget line as follows: $8,000.00 to line item 1023 Overtime -Other (POP OT)
$5,096.83 to line item 1020 Overtime.
COUNCIL ACTION:
15
CITY COUNCIL LETTER
Meeting o f: 11
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: FINAL PAYMENT FOR MISCELLANEOUS BY K. Hansen B Y: -
CONCRETE PROJECT #0900 DATE: 11/17/10 DATE:
Background:
The Contractor has completed the 2009 Miscellaneous Concrete Repairs and Installations. Retainage was
held on this project until some boulevard restoration was completed. This annual program consisted of curb
and gutter, street, alley, driveway, and sidewalk improvements /repairs throughout the City. A spreadsheet
with the fund distribution is attached.
Analysis /Conclusions:
The Miscellaneous Concrete Program is set up on an annual basis with a preliminary estimate of quantities
for the entire year. The quantities of work will vary from year to year based upon actual work performed in
the two phases (late spring and fall).
Staff is recommending approval of final payment to Ron Kassa Construction, Inc. and acceptance of the
work. The Engineer's Report of Final Acceptance is attached.
Recommended Motion: Move to accept the work for 2009 M iscellaneous Concrete Repairs and
Installations, City Project #0900 and authorize final payment of $2,367.16 to Ron Kassa Construction, Inc.
of Elko, Minnesota.
Attachment: Fund Distribution Spreadsheet
Engineer's Report of Final Acceptance
COUNCIL ACTION:
1 6
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CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
2009 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS
CITY PROJECT NUMBER 0900
November 15, 2010
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Ron Kassa Construction,
Inc. The work consisted of curb and gutter, street, alley, driveway, and sidewalk
improvements /repairs throughout the City. The contractor has substantially completed the
project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 82,117.50
CHANGE ORDERS ($ 34,770.00)
FINAL CONTRACT AMOUNT $ 47,347.50
FINAL WORK APPROVED $ 47,337.60
ALL PRIOR PAYMENTS ($ 44,970.44)
BALANCE DUE $ 2,367.16
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
18
CITY COUNCIL LETTER
Meeting of: November 22, 2010
AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER
NO: DEPARTMENT:
PUBLIC WORKS
ITEM: FINAL PAYMENT FOR 2008 STREET BY: K. Hansen BY: ,/
IMPROVEMENT PROJECTS DATE: 11/16/10 DATE:
Background:
The Contractor completed the two -year plant warranty work on University Avenue slope planting for the 2008
Street Improvement projects this fall. All other contract work was completed in 2009.
Analysis /Conclusions:
Staff is recommending approval of final payment to Midwest Asphalt Corporation and acceptance of the work.
The Engineer's Acceptance Report is attached.
Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the 2008 Street
Improvement Projects, City Project Number 0602, 0802, and 0808 and authorize Final Payment of $12,407.80 to
Midwest Asphalt Corporation of Hopkins, Minnesota.
KH:ky
Attachment: Engineer's Acceptance Report
COUNCIL ACTION:
19
CITY OF COLUMBIA H NIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
2008 STREET IMPROVEMENT PROJECT
CITY PROJECT NUMBER 0602, 0802, AND 0808
November 16, 2010
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Midwest Asphalt
Corporation. The work consisted of full street reconstruction of TH 47 frontage road, 50
Avenue turn lane at TH 65, and overlays on 5 Street and Jefferson Street. The contractor has
completed the project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 952,359.84
CHANGE ORDERS $ 83,000.00
FINAL CONTRACT AMOUNT $ 1,035,359.84
FINAL WORK APPROVED $ 1,035,190.89
ALL PRIOR PAYMENTS ($1,022,783.09)
BALANCE DUE $ 12,407.80
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
20
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2010 -127 ACCEPTING BY: K. Hansen BY: 14
THE FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 11/17/2010 DATE:
SEAL COAT AND ORDERING THE PUBLIC
LMPROVEMENT HEARING, CITY PROJECT NO. 1101
Background:
Staff has developed preliminary plans and prepared a Feasibility Report for Zone 5 of the Annual Seal Coat
Program. The Seal Coat area is located between University Avenue Service Drive and Central Avenue from
44 Avenue to 48 Avenue. In accordance with the Street Rehabilitation Policy, Zone 5 streets that were
rehabilitated in 2001 are being seal coated at the City's cost (City pays for first seal coat). Streets included
in the 2010 Street Rehabilitation program will not be seal coated until the next rehab cycle. The map
included with the Feasibility Report displays the streets proposed for Seal Coat and the funding source.
Analysis /Conclusions:
The seal coat program helps preserve and maintain existing bituminous streets in good driving condition.
Particular issues are summarized below:
1. Assessment Methodology:
The Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are 1 /3
of the street rate extending one -half block in either direction of the Avenue. This assumes that all parcels
benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The
estimated unit cost assessment is $297 per Street parcel and $99 per Avenue parcel.
2. Financing:
The estimated construction cost is $133,400. 100% of the seal coat construction cost is assessed to property
owners, or City funded for the first rehab cycle following rehabilitation.
3. Meeting dates:
Staff is recommending the public improvement hearing be scheduled preceding the Zone 6 Street
Rehabilitation Hearing on December 6, 2010.
The bidding process will be administered by the City of Coon Rapids as part of a multi -City JPA for various
street maintenance activities.
Continued — Page 2
COUNCIL ACTION:
21
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2010 -127 ACCEPTING BY: K. Hansen BY:
THE FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 11/17/2010 DATE:
SEAL COAT AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1101
Recommended Motion: Move to waive the reading of Resolution 2010 -127, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution 2010 -127, being a resolution accepting the feasibility
report for Zone 5 Street Seal Coat City Project No. 1101 and ordering the Public Improvement Hearing
beginning at 6:30 p.m. on December 6, 2010.
Attachment(s): Resolution 2010 -127
Feasibility Report
Seal Coat Area Map
KH:ky
COUNCIL ACTION:
22
RESOLUTION 2010 -127
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5
STREET SEAL COAT AND ORDERING TH N; PUBLIC IMPROVEMENT HEARING
ARING
CITY PROJECT NO. 1101
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the
City into seven zones, and
WHEREAS, pursuant to Resolution 2010 -86, a report has been prepared by the Director of
Public Works with reference to the Zone 5 Street Seal Coating Program, and
WHEREAS, Zone 5 is bounded by University Avenue and Central Avenue /Monroe Street, from
44 Avenue to 48 Avenue, and
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and cost effective, and
Said report is hereby received by the City Council of Columbia Heights on November 22, 2010.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report
and the assessment of abutting or benefited property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $146,800.
2. A public hearing shall be held on such proposed improvement on the 6 day of
December, 2010, in the City Council Chambers at 590 40 Avenue N.E. at 6:30 P.M. and
the City Clerk shall give mailed and published notice of such hearing and improvement
as required by law.
Passed this 22 day of November, 2010.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: BY
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
23
(0 City o Columbia Heights
of
FEASIBILITY REPORT
FOR
2011 STREET REHABILITATION
SEAL COAT IMPROVEMENTS
CITY PROJECT 1101
NOVEMBER, 2010
ENGINEERING DEPARTMENT
637 38` Avenue NE, Columbia Heights, MN 55421
763-706-3700 •• 763-706-3701 (Fax)
24
BITUMINOUS SEAL COAT IMPROVEMENTS
ZONE 6
COLUMBIA HEIGHTS, MINNESOTA
PROJECT NUMBER 1101
LOCATION: The following local bituminous streets in Zone 5 are included:
University Service Drive 45 Avenue to 48 Avenue
4 Street 44 Avenue to 47 Avenue
5 Street 44 Avenue to 48 Avenue
6 Street 47 Avenue to 48 Avenue
7 Street 44 Avenue to 47 Avenue
Washington Street 44 Avenue to 46 Avenue
Madison Street 44 Avenue to CDS north of 45 Avenue
46 Avenue 7 Street to Jefferson Street
46'/2 Avenue Jefferson Street to Monroe Street
47 Avenue University Service Drive to Jefferson Street
This feasibility study includes an analysis of proposed bituminous street patching
and repair, and seal coat.
IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface.
INITIATION: City Council, as part of an ongoing bituminous street preservation strategy.
OWNERS The location of each street is described below and shown on the attached
BENEFITTING: map. The total number of assessed parcels is 533.
OWNERS 1. University Service Drive 45 Avenue to 48 Avenue (21)
IMPACTED: 2. 4 Street 44 Avenue to 47 Avenue (66)
3. 5 Street 44 Avenue to 48 Avenue (93)
4. 6 Street 47 Avenue to 48 Avenue (21)
5. 7 Street 44 Avenue to 47 Avenue (68)
6. Washington Street 44 Avenue to 46 Avenue (48)
7. Madison Street 44 Avenue to CDS (45)
8. 46 Avenue 7 Street to Jefferson Street (43)
9. 461/2 Avenue Jefferson Street to Monroe Street (20)
10. 47 Avenue Univ Service Drive to Jefferson Street (108)
ISSUES: The City Council identified the need to preserve and maintain the existing
bituminous streets and extends the life of the pavement in good driving condition.
FEASIBILITY: The improvement as proposed is necessary, cost - effective, and technically
feasible. The project is recommended as proposed in the study. The
improvements, once completed, will be a benefit to the properties served.
2
25
SCHEDULE: Construction is scheduled to begin in the spring of 2011, with substantial
completion occurring in late summer. This year the seal coat contract is being
administered by the City of Coon Rapids under a joint powers agreement with
several north -metro cities.
Council accepts Feasibility Report and orders Public Improvement Hearing Nov 22, 2010
Public Improvement Hearing and Council orders Public Improvement Project Dec 6, 2010
Bid Opening for Seal Coating (City of Coon Rapids) February, 2011
Columbia Heights Council Concurs with Bids March, 2011
Coon Rapids' Council Awards Contract April, 2011
Begin Construction — Bituminous Repairs (Force Account) May, 2011
Begin Construction — Seal Coat (Project -wide) July /Aug, 2011
Construction Completed (Project -wide) August 31, 2011
FINANCING: The estimated cost for Seal Coating is $133,400 (construction cost only).
ASSESSMENT: The Seal Coating project for those street listed above will be 100% assessed on a
Street and Avenue parcel basis. Avenue assessments are 1/3 of the street rate
extending '/2 block in either direction of the Avenue. This assumes that all parcels
benefit equally for the strategy in front of their property or abutting it, in the case
of the Avenue. The estimated unit cost assessment is $297.00.
DESCRIPTION OF WORK INVOLVED:
• Public Works Staff— provides bituminous street repairs and patching throughout the Seal
Coat project zone. Includes cutting and removal of deficient segments of street section,
milling of larger areas of deficient bituminous areas, and patching or paving with new
bituminous.
• Concrete curb and gutter repairs — provide repairs to short segments of curb & gutter due
to damage or joint separation which impedes gutter flow.
• Application of Seal Coat (emulsion and cover aggregate) — Application of emulsion by
computer controlled mechanical sprayers immediately followed by spreading FA -2
granite or trap rock as a cover aggregate. The road surface is finished by rolling with a
tire -based roller for proper aggregate penetration and distribution.
3
26
2010 IMPROVEMENT PROGRAM
COLUMBIA HEIGHTS, MINNESOTA
ESTIMATED ASSESSMENTS — PROJECT 1101
ZONE 4 STREET SEAL COATING PROGRAM
(Sections 26 and 35, T3ON, R24W)
Seal Coating:
Estimated Cost $133,400
Estimated Cost per Parcel
Street: $ 297.00
Avenue: $ 99.00
4
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L .
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2010 -128 ACCEPTING THE BY K. Hansen BY
FEASIBILITY REPORT FOR ZONE 6 STREET DATE: 11/17/10 DATE:
REHABILITATION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1102
Background:
Staff has developed preliminary plans and prepared the Feasibility Report for Zone 6 of the Annual Street
Rehabilitation Program. Zone 6 is bounded by University Avenue Service Drive on the west, 44 Avenue
on the north, Central Avenue on the east and 40 Avenue on the south. Staff recommends Zone 6 be divided
into 2 project years due to the scope of the reconstruction work. Zone 6 is scheduled for the work session on
November 29
Analysis /Conclusions:
Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 6.
Particular issues are summarized below:
1. Rehabilitation Strategies:
Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial
reconstruction, and full reconstruction. In Zone 6, full reconstruction and mill and overlay is proposed for
the streets identified on the attached area map. A fourth strategy, seal coating, is addressed under separate
engineering reports when seal coating work is proposed. Staff utilizes three methods in evaluating the
condition of the street and determining appropriate treatment:
1. Present physical structure (cross- section):
Each street within Zone 6 has been excavated down to their sub -base material and the
individual street segment cross - sections are catalogued.
2. Non - destructive strength determination and condition rating:
Braun Intertec, a geo- technical engineering consultant, conducted tests on all streets at 50-
foot intervals with a dropping weight deflection test. From this, the strength of the road
segment is determined. Braun also develops their own pavement conditions index.
3. Overall Condition Index (OCI):
Staff also reviews each street segment by measuring the type and quantity of each type of
cracking in the pavement. This information along with other factors such as drainage and
physical structure is used to determine an "overall condition index ". An OCI of 70 or greater
suggests seal coat is the appropriate treatment. An OCI between 69 and 55 reflects that the
bituminous pavement is showing signs of significant deterioration and a mill and overlay is
COUNCIL ACTION:
29
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2010 -128 ACCEPTING THE BY: K. Hansen BY:
FEASIBILITY REPORT FOR ZONE 6 STREET DATE: 11/17/10 DATE:
REHABILITATION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1102
Continued — Page 2
required to strengthen the pavement. An OCI of less than 55 suggests the best course of
action is to reconstruct the street, typically because both the pavement and the base under the
pavement are failing. The need for full or partial reconstruction depends on the condition of
the curb and gutter.
The results are then used to determine the appropriate treatment to maximize the life of the street.
2. Utilities Replacement:
Utilities have been reviewed in Zone 6. Staff utilized structure inspections, televising, history of water main
breaks, age of water main and services, leakage testing (independent testing), and previous engineering
reports in determining utility recommendations.
Staff recommends water main replacement on 6 Street between 40 Avenue and 42 Avenue. The water
main was installed in 1914. Water services other than 3 /4" or larger copper are replaced from the main to the
boulevard.
Sanitary sewer manhole and storm sewer structure replacements are also proposed. The sanitary sewer
manhole replacements /repairs complement the main pipe lining being done in this area to minimize peak
flows after rainfall events. The peak flows are excessive and subject to annual financial penalties from
MCES.
3. Assessment Methodology:
Street Rehabilitation in Phase 1, Zones 1, 2 and 3 all followed the existing assessment policies for each
area. Under the 1999 Alley Construction Program and in subsequent Zones, a "unit" assessment
methodology was employed rather than using a "front foot" rate basis. The area of Columbia Heights west
of Central Avenue is essentially a block type development pattern with streets and avenues. The existing
assessment policy for
this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical front
of property or where driveway access is) would pay a particular rate for the full frontage for that type of
treatment (mill and overlay or full reconstruction, for example) used on that street. That same parcel would
COUNCIL ACTION:
30
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2010 -128 ACCEPTING THE BY: K. Hansen BY:
FEASIBILITY REPORT FOR ZONE 6 STREET DATE: 11/17/10 DATE:
REHABILITATION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1102
Continued — Page 3
pay a reduced rate for the avenue for the full frontage.
4. Scope of Work:
At previous work sessions and council meetings (2001 and 2002), Zone 6 was divided into multiple zones.
Zones 6A and 6B were constructed in 2002 and 2003, respectively. Staff is recommending again dividing
Zone 6 into two zones, with 4 Street from 40 to 42 Avenues being added to Zone 7. Streets that were
rehabbed in 2002 and 2003 would receive a seal coat at no cost to the property owner following the Program
Policy. The cost sharing policy provides a 50/50 cost share for full reconstruction streets, and 85/15 for
mill and overlay.
5. Financing: Street Rehabilitation Zone 6:
The estimated construction costs are as follows:
1. Full street reconstruction: $ 638,300
2. Mill & Overlay construction: $ 93,000
3. Utilities: $ **
Project funding is proposed as follows:
Assessments: $ 408,500
Infrastructure Fund: $ 322,800
Sanitary Sewer Fund: $ **
Water Construction Fund: $ **
Storm Sewer Fund: $ **
The costs and associated funding for utility work ( * *) will be further developed during the final design.
6. Past Assessments:
Zone 6 does not have areas that have had improvements assessed in the last 10 years on the proposed
program area streets.
Continued — Page 4
COUNCIL ACTION:
31
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2010 -128 ACCEPTING THE BY: K. Hansen BY:
FEASIBILITY REPORT FOR ZONE 6 STREET DATE: 11/17/10 DATE:
REHABILITATION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1102
7. Concurrent Projects:
None.
8. Utility Issues:
The water main on 6th Street from 40 to 42 Avenues was installed in 1914. The pipe is unlined cast iron
(susceptible to tuberculation) constructed with lead joints. This also provides the opportunity to inspect for
and replace any water services that are lead or galvanized pipe. Removal of lead lines is required by State
Statute. The remainder of the water main was installed in 1970. At that time, copper services were installed
from the main to the curb box in the boulevard.
The sanitary sewer main system has been cleaned and televised by staff and the reports indicate that sanitary
sewer lining will be needed in future years. In addition, each structure in Zone 6 was inspected. Many of
the sanitary sewer manholes are less than 36" in diameter. This severely limits access for maintenance of the
sanitary sewer main. Some manholes are also severely deteriorated. Staff is recommending replacement of
structures due to access issues and deteriorated block or brick construction. Sanitary sewer improvements in
Sanitary Sewer Collection District 2 can be used to offset the annual financial I/I surcharge from MCES.
Staff has listed these improvements as part of our 2011 I/I reduction program.
The report does provide deficiencies in several catch basins in Zones 6 and minor pipe replacements. Staff is
recommending replacement of structures and piping due to deteriorated block or brick construction and
concrete pipe.
9. Meeting Dates:
Staff has established the following meeting dates:
Resident Informational: December 1, 2010
Public Hearing: December 6, 2010
Continued — Page 5
COUNCIL ACTION:
32
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2010 -128 ACCEPTING THE BY: K. Hansen BY:
FEASIBILITY REPORT FOR ZONE 6 STREET DATE: 11/17/10 DATE:
REHABILITATION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 1102
Recommended Motion: Move to waive the reading of Resolution 2010 -128, there being ample copies
available for the public.
Recommended Motion: Move to adopt Resolution 2010 -128, being a resolution accepting the Feasibility
Report for Zone 6 Street Rehabilitation, City Project No. 1102, and ordering the Public Improvement
Hearing beginning at 6:45 p.m. on December 6, 2010.
KH:ky
Attachments: Resolution 2010 -128
Feasibility Report
Map
COUNCIL ACTION:
33
RESOLUTION 2010 -128
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 6
STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT
H I ARING,
CITY PROJECT NO. 1102
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the
City into seven zones, and
WHEREAS, pursuant to Resolution No. 2010 -87, a report has been prepared by the City
Engineer with reference to the Zone 6 area of the Street Rehabilitation Program, and
WHEREAS, Zone 6 is bounded by University Avenue and Central Avenue, from 40 Avenue to
44 Avenue, and
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and cost effective, and
Said report is hereby received by the City Council of Columbia Heights on November 22, 2010.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report
and the assessment of abutting or benefited property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $731,300.
2. A public hearing shall be held on such proposed improvement on the 6 day of
December, 2010, in the City Council Chambers at 590 40 Avenue N.E. at 6:45 p.m. and
the City Clerk shall give mailed and published notice of such hearing and improvement
as required by law.
Passed this 22 day of November, 2010.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: BY
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
34
(0
CiIy o Columbia Heiglits
of
FEASIBILITY REPORT
FOR
2011 STREET REHABILITATION
IMPROVEMENTS:
Zone 6
CITY PROJECT 1102
NOVEMBER, 2010
ENGINEERING DEPARTMENT
637 38 Avenue NE, Columbia Heights, MN 55421
763 -706 -3700 763 -706 -3701 (Fax)
35
STREET REHABILITATION IMPROVEMENTS
COLUMBIA HEIGHTS, MINNESOTA
ZONE 6
PROJECT NUMBER 1102
LOCATION: ZONE 6 — AREA BOUNDED BY
UNIVERSITY AVENUE SERVICE DRIVE TO CENTRAL AVENUE,
40TH AVENUE TO 44 AVENUE
This feasibility study includes an analysis of proposed street rehabilitation within
Zone 6.
IMPROVEMENTS: Full Street Reconstruction —
Concrete curb and gutter, granular sub -base if needed, new aggregate base and
new bituminous surfacing.
Mill and Overlay -
Random curb and gutter replacement as required, and new 2" bituminous surface.
Utility Construction —
Water main construction and replacement as required to improve or maintain the
distribution system. Sanitary sewer replacements and repairs as required to
maintain the collection system. Storm sewer construction and repairs as required
to improve or maintain the collection system.
INITIATION: City Council in accordance with the Street Rehabilitation Policy.
OWNERS Full Reconstruction
ABUTTING 1. 6th Street, 40 Avenue to 44 Avenue (108)
OR
IMPACTED: Mill and Overlay
1. 4 Street, 42 Avenue to 44 Avenue (47)
ISSUES: The following is a study of the key project issues.
Street Reconstruction
The proposed roadway would consist of a two lane bituminous cross section with
concrete curb and gutter. The roadway width would generally match the existing
street width. It should be noted that some mature boulevard trees will need to be
removed to accommodate the new curb and gutter. As in previous zones, this is
necessary due to root and trunk growth interfering with the placement of new
concrete curb and gutter.
36 2
Mill and Overlay
The proposed construction would consist of milling off 1" of bituminous
pavement across the entire street surface and paving a new 11/4" (gutter) to 2"
(centerline) bituminous mat. Existing concrete curb and gutter would be
preserved except for sections with poor drainage. Driveway openings with drive -
over curbs will be removed and replaced on a lineal foot cost at the request of
property owners.
Utilities
Water main replacement is proposed for 6th Street from 40 Avenue to 42
Avenue. Staff is estimating up to 39 water services may need to be replaced on
6 Street. This is based on the number of homes built before 1950. The type and
size of water service is field verified during construction. Any water service other
than 3/4" or larger copper is replaced. Inoperable stop boxes will be
repaired /replaced.
No major sanitary sewer pipe replacement is proposed in Zone 6. Staff is
proposing manhole replacement where existing manholes are deteriorated,
structure inverts are gone, and the diameter of the manhole creates a safety and /or
access issue.
No major storm sewer pipe replacement is proposed in Zone 6. Staff is proposing
structure replacement where existing structures are deteriorated.
Roadway construction will include minor modifications to existing water main,
sanitary and storm sewer utility surface structures in order to meet proposed finish
grades.
Sidewalk
City staff recommends hazardous sidewalk within all of Zone 6 be replaced as
part of the project. The criteria for hazardous sidewalk is defined in the City's
policy. The cost is approximately $31,750, spread over 171 properties. The cost
per single family property ranges from $100 to $720. The majority of the
sidewalk replacement is not adjacent to streets included in the 2011 Street
Rehabilitation program. Staff recommends the cost for hazardous sidewalk
replacement be absorbed by the Infrastructure fund.
Zone Amendment
Staff recommends including 4 Street, 40 Avenue to 42 Avenue with Zone 7.
FEASIBILITY: The proposed improvement project is necessary to provide consistency with the
street rehabilitation policy, cost - effective with the inclusion of partial city
funding, and technically feasible as prescribed in the construction
recommendations found elsewhere in this report. The project and project
elements should be implemented as proposed in this study. The improvements,
once completed, will provide a benefit to the properties served.
3
37
SCHEDULE: Construction is scheduled to begin in late spring of 2011, with substantial
completion occurring in the summer of 2011.
Council receives Feasibility Report and orders Public Improvement Hearing Nov 22, 2010
Public Informational meeting prior to Public Improvement Hearing Dec 1, 2010
Public Improvement Hearing and Council orders Public Improvement Project Dec 6, 2010
Council Approves Plans and Specifications, Authorizes Advertisement for Bids Jan 24, 2011
Bid Opening Mar 8, 2011
Council Awards Contract Mar 14, 2011
Begin Construction May 16, 2011
Construction Completed July 29, 2011
FINANCING: Financing would be a combination of assessments to benefitted properties,
infrastructure fund including Municipal State Aid funds (population
apportionment), and utility funds.
The estimated construction costs for each option are as follows:
Type of Construction Proposed Assessments Infrastructure Fund
Full Reconstruction $ 328,005. $ 310,275.
Mill and Overlay $ 80,490. $ 12,430.
Engineering and Administration $ 66,475.
The assessments reflect a flat fee of 10% of the construction cost included in the
amount to assess for a portion of the Engineering and Administration costs.
Percentages proposed to be assessed for street rehabilitation are consistent with
the policy followed under each of the prior street rehabilitation zones.
Utility work performed as part of the Zone 6 project will be paid for from the
appropriate utility fund.
Proposed sidewalk repair is not included in the infrastructure fund amount shown
above.
ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance
and past practice. Assessments can be based on a per foot basis or a parcel basis.
Following the other Zones assessment policies, assessments would be on a Street
and Avenue parcel basis. A Street assessment would be at the developed rate for
the particular rehab strategy while Avenue assessments would be at
approximately 1/3 of the street rate extending '// block in either direction of the
Avenue. This assumes that all parcels benefit equally for the strategy in front of
their property or abutting it, in the case of the Avenue.
4
38
2011 IMPROVEMENT PROGRAM
COLUMBIA HEIGHTS, MINNESOTA
ESTIMATED ASSESSMENTS - PROJECT NO. 1102
ZONE 6 STREET REHABILITATION PROGRAM
(Section 35, T30N, R24W)
L RECONSTRUCTION
Estimated Cost: $ 638,280
Assessable Construction Cost: $ 328,005
Estimated Assessed Cost per Parcel
Residential Street: $ 2,955
Residential Avenue: $ 985
II. MILL AND OVERLAY
Estimated Cost: $ 92,915
Assessable Construction Cost: $ 80,490
Estimated Assessed Cost per Parcel
Residential Street: $ 1,650
Residential Avenue: $ 550
5
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CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ACCEPTANCE OF A STATE OES HVAC BY: K. Hansen BY: 1
IMPROVEMENT GRANT IN THE AMOUNT OF $42,000. DATE: 11/16/10 DATE:
Background:
The Minnesota Department of Commerce Office of Energy Security (OES) offered grants to public entities in 2010 for
energy efficiency improvements. This program provides a 50/50 cost share for local governmental units funding
energy- efficient building retrofits (windows, HVAC, etc.) on existing public buildings, or energy efficiency
improvements to local government facilities such as pumps or motors. The program has a maximum grant of $150,000
and submitted projects must have a project pay back within 2 -15 years to qualify. As reported to the Council in the
May 9 green sheet, staff applied for boiler replacement improvements for City Hall, Public Works and the Library in
May 2010.
Analysis /Conclusions:
Staff was informed on October 19, 2010 by the OES that our application had been selected for grant funding in the
amount of $42,000. The OES uses a standard State of Minnesota grant agreement, attached. The grant also requires
that work cannot be started until the grant agreement has been fully executed and all work performed must comply
with all applicable codes including the Minnesota building and energy code.
Public works and the Library had each established $25,000 in the 2010 adopted budget. The boilers at MSC and the
Library are original to the buildings (1970 and 1965, respectively). Due to the continuing operational issues with the
City Hall primary boiler installed in 1955, staff included its replacement in the grant request.
The grant requires certain energy efficiencies must be met and must have a payback of less than 15 years. Attached is
the heating efficiency sheet with payback and annual savings for each building. The grant will only support actual
costs for the complete boiler replacement with minimum 92% efficiencies.
The estimated annual energy savings and payback per building are:
➢ City Hall: $2,736 10 yrs
➢ Library: $1,494 15 yrs
➢ Public Works: $2,597 13 yrs
Staff recommends acceptance of the grant from the OES in the amount of $42,000, for City Hall, Public Works and the
Library. By subsidizing City budgeted costs with grant funds for energy efficient boilers at Public Works and the
Library, the City Hall boiler (the oldest boiler) was added for less than what was originally budgeted ($50,000).
Recommended Motion: Move to accept a 2010 State of Minnesota OES Grant in the amount of $42,000 for HVAC
Improvements at City Hall, Public Works and the Library, and authorize the Mayor and City Manager to enter into an
agreement for the same; and to appropriate $14,000 in fund 411 for the cost share portion of the City Hall boiler
replacement.
KH:kh
Attachment: October 19, 2010 OES Award Letter
OES Grant
Efficiency worksheet
COUNCIL ACTION:
41
office 85 7th Place East, Suite 500
z�a St. Paul, MN 55101 -2198
P: 651.297.7047 F: 651.284.4211
t+ www.energy.rnn.gov
ecuL y energy.contracts@state.nln.us
October 19, 2010
Kevin Hansen, Public Works Director
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Dear Kevin Hansen:
I have enclosed two copies of your agreement 850006 with the Minnesota Department of
Commerce. Please sign and date all copies and return them to our office as soon as possible.
You may mail your signed copies to:
Kelly Cooper, Grant Specialist Intermediate
Office of Energy Security
MN Dept of Commerce
85 Seventh Place East, Suite 500
Saint Paul, MN 55101
I will mail you a fully executed copy when all signatures have been acquired.
Remember that you may not begin work under this agreement until all signatures have been
acquired.
If you have any questions, please call Abby Finis at 651 - 296 -6205 or myself at 651 - 297 -7047.
Sincerely,
CWL9—.Q.e)/ r
Kell Cooper er p Li
Grant Specialist Intermediate
Enclosures
42
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and City of
Columbia Heights, 590 40th Avenue NE, Columbia Heights, MN 55421 ( "Grantee ").
Recitals
1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant.
2. The State is in need of assistance in the promotion of renewable energy resources.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: 10/25/2010, or the date the State obtains all required signatures under Minnesota Statutes Section
16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: 06/30/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13.
Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure; Exhibit A, Section C.
2 Grantee's Duties
The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by
reference.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
4.1.1. Compensation. The Grantee will be paid the lesser of Forty Two Thousand dollars ($42,000.00) or
Fifty percent (50.00 %) of actual eligible costs incurred in the performance of the Grantee's duties
according to the breakdown of costs contained in the grant budget (Exhibit B) which is attached to and
incorporated into this grant contract.
4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the Grantee as a result of this grant contract will not exceed Zero dollars; provided that the Grantee will
be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than
provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations.
The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless
it has received the State's prior written approval for out of state travel. Minnesota will be considered the
home state for deternnuning whether travel is out of state.
4.2. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under
this grant contract will not exceed Forty Two Thousand dollars ($42,000.00) or Fifty percent (50.00 %) of the
total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A.
4.3. Matching Requirements. The Grantee certifies that the following snatching requirement for the grant contract
will be met by Grantee: No less than Fifty percent (50.00 %) of the total actual, eligible costs incurred in the
performance of the Grantee's duties specified in Exhibit A.
G -City of Columbia Heights - Commerce
Giant (Rev. 08/10)
43
4.4. Payment
4.4.1. Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the schedule as outlined in Exhibit A.
4.4.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the State
through the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5). The Grantee is
responsible for compliance with all federal requirements imposed on these funds and accepts full financial
responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements.
These requirements include, but are not limited to, Title III, part D, of the Energy Policy and Conservation
Act (42 U.S.C. 6321 et seq. and amendments thereto); U.S. Department of Energy Financial Assistance
Rules (10CFR600); and Title 2 of the Code of Federal Regulations.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the
State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Abby Finis, Energy Programs Specialist, 651- 296 -6205, or their successor,
and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under
this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on
each invoice submitted for payment.
The Grantee's Authorized Representative is Kevin Hansen, Public Works Director, 763 - 706 -3705, or their successor.
If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must
immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original grant contract, or their
successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision
or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind
either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of
action, including attomey's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices
relevant to this grant contract are subject to examination by the State and /or the State Auditor or Legislative Auditor, as
appropriate, for a minimum of six years from the end of this grant contract.
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44
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause
by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting
party before the data is released.
10.2. Intellectual Property Rights. GRANTEE represents and warrants that materials produced or used under this
grant contract do not and will not infringe upon any intellectual property rights of another, including but not
limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall
indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the
STATE to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual
property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands,
obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of
this grant contract, amendments and supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at
the STATE's discretion, either procure for the STATE the right or license to continue using the materials at issue
or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be
exclusive to other remedies provided by law.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation
insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that
may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any
third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation
or responsibility.
12 Publicity and Endorsement
12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly
with others, or any subcontractors, with respect to the program, publications, or services provided resulting from
this grant contract.
12.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30
days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
G -City of Columbia Heights - Conunerce 3
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45
•
14.2 Termination for Cause. The State may cancel this Grant Contract immediately if the State finds that there has
been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made or
that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take
action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: 1) funding
for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain funding from
the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a level sufficient to
allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee.
The State is not obligated to pay for any services that are provided after notice and effective date of termination.
However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the Grant Contract
is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's
receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Davis -Bacon Act (DBA) Requirements
Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on
construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be
paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code). Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued
regulations 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Wage determinations can be
found at: www.wdol.aov and additional information on DBA Requirements can be found at: www.dol.gov /esa /whd.
This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the
Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if proposed
work includes such activities, the state will hold the Grantee responsible for all federal requirements involving DBA
wages and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to their program.
17 Waste Management Plan
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and describe
the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead
paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the
project.
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46
18 Compliance with National Historic Preservation Act
Prior to the expenditure of federal funds, if applicable, projects must be evaluated to determine if they are subject to
review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106 applies
to projects that may affect properties listed in or eligible for listing in the National Register of Historic Places.
Properties meeting the following criteria will be subject to Section 106 review:
® Is at least 45 years old; and
• Listed in or eligible for listing in the NRHP (either individually or as part of a district);
• Any project involving ground disturbing activity (excavation, utility installation, etc.).
It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional
efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant
funding will be construed as "anticipatory demolition" as defined in section 110k of the NHPA as follows:
Section 110 [16 U.S.C. 470h -2(/c) — Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency
will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to which
the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the
agency, after consultation with the [Advisory Council on Historic Preservation], determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant.
Tnitiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may
cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright Loss of
federal funding.
19 Disadvantaged Business Enterprises
Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the
extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training
programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in
Minnesota Statutes, section 160.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply.
20 Buy American
The Grantee confines that, if applicable, it is in compliance with the Buy American provision in the American
Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used for the construction,
alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods
used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of quantity
or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest, must be
submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include the
information and applicable supporting data required by 2 CPR 176.140(c) and (d) in the request. Exceptions must be
approved by the State and the United States Department of Energy.
Additional information, including category exclusions and exceptions, on Buy American can be found at:
wwwl .eere.energy.gov /recovery/buy american _prbvision.htnnl.
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21 Reporting
Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act
funds must comply with the extensive reporting requirements." Laws of Minnesota 2009, Chapter 138, Article 5,
Section 2 (accountability and transparency reporting) specifies additional recipient reporting requirements related to
ARRA funding.
A) Monthly, the Grantee must submit progress reports detailing the progress and tasks completed of the grant
agreement funded in whole, or in part, with ARRA funding including percent of project completion to the State by
the 5th day of each month for the preceding month's work.
B) Quarterly, the Grantee must submit additional grant related information, including but not limited to data regarding
hiring practices for jobs retained or created under this agreement and information related to training where
applicable. The Grantee shall report this information on a form prescribed by the State which must be submitted to
the State by the 5th day of each month following the end of the quarter for the preceding quarter's work. If the
grant contract ends prior to the end of the quarter, the Grantee shall submit all data relevant to this requirement for
that quarter up to the end date of the grant contract and submit it with the final report.
If a Grantee does not comply with these requirements the State reserves the right to withhold funding.
22 Compliance with U.S. Department of Energy's Flow Down Requirements
It is the responsibility of the Contractor to fully understand, and be in compliance, with all U.S. Department of
Energy's flow down requirements, found in Attachment 1 to this agreement.
1. STATE ENCUMBRANCE VERIFICATION 3. MN DEPARTMENT OF COMMERCE
Individual certifies that Hinds have been encumbered as Individual certifies that Ands have been encumbered as
required by Minn. Stat. ti e r s 16A.15 and 16C.05 required by Minn. Stat. §,yE 16A.15 and I6C.05.
By:
Date /C ,1-7, (-3 Title:
CFMS: )000 Date:
2. CITY OF COLUMBIA I4 EIGHTS
The Grantee certifies that the appropriate person(s) have executed the
grant contract on behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
Distribution:
By. MN Dept. of Commerce, Accounting Dept.
Title: Grantee
State's Authorized Representative (copy)
Date:
• By:
Title:
Date:
G - City of Columbia Heights - Commerce • 6
Grant (Rev. 08 /10) 48
Exhibit A
GRANTEE'S DUTIES
A. GRANTEE shall do all things necessary to complete the following tasks:
-TABL ?,�, �. { � ,.: .n�. = � i }� - �� " e:k�. cL-� -.� rk ` .a �':�,. -�",' -
E 1 F . A,pproved Meas z d u naing3 ,K ., F A tie i"4 - Co is Completion
1 Public Works
1.1 Replace 80% efficient boiler with 92% efficient. $ 34,000.00 12/31/2010
Columbia Heights City Hall:
2.1 Replace 72% efficient boiler with 92% efficient. $ 28,000.00 12/31/2010
Library:
3.1 Replace 70% efficient boiler with 92% efficient. ` ~ $ 22,000.00 12/31/2010
r ,10aI $ 84,000.00 11l�_ of Total
" Total Ikg, $ 42,000.00 %50
TRai rant $ 42,000.00 %50
B. Eligible Costs
Eligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures specified in Table 1; and
2. Remove, store, transport and dispose of waste materials generated.
Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre - approved in
writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this grant agreement totaling $25,000 or more.
C. Payments - Reports
Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not
later than the 5 day of each month for the preceding month's work. Grantee shall submit progress reports and
payment requests on the fonn provided as Exhibit B of this grant agreement.
Grantee further agrees to maintain and provide energy consumption data for the building being improved through the
B3 public building benchmaiking database by:
a) entering base line data for the year prior to the grant agreement; and
b) entering monthly data for a period of three years after the energy efficiency improvements(s) have been made.
11 Acceptance Testing Documentation (If Applicable)
Grantee shall submit to Office of Energy Security (OES) acceptance testing documentation required by Minnesota
Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final
rennbursement for these types of modifications will not be made until the acceptance testing documentation is received
by OES.
E. Promotional Materials
All promotional and informational materials distributed by or for the Grantee shall contain the following statement:
"This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is waived
in writing by the State.
G - City of Columbia Heights - Commerce 7
Grant (Rev. 08 /10)
49
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Exhibit C
Clause L Davis Bacon Act and Contract Work Hours and Safety Standards Act.
Definitions: For purposes of this clause, Clause I, Davis Bacon Act and Contract Work Hours and Safety Standards Act,
the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery
Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the
labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all
laborers and mechanics employed by Recipients (other than a unit of State or local government whose own
employees perform the construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors,
subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government
where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor
for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as
grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and
subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance
instrument with a unit of State or local government where construction is performed by its own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is
responsible for the business management and non - program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a
grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
tenns and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made
under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The
term includes financial assistance when provided by any legal agreement, even if the agreement is called a
contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does
it include any form of assistance which is excluded from the definition of "Award" above.
(7) " Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to carry out a
Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and, without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual 'relationship which may be alleged to exist between the Contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the .
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
G -City of Columbia Heights - Commerce 9
Giant (Rev. 08/10) 1
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without regard to skill,
except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked therein,
provided that the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification and wage rates
conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be perfonned by the classification requested is not perfonned by a classification in the
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Deparhnent of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30 -day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer
the questions, including the views of all interested parties and the recommendation of the Contracting Officer,
to the Administrator for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this
Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding.
The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under
this Contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract
G -City of Columbia Heights - Commerce 52 10
Grant (Rev. 08/10)
subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages
required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the
Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security n»mber of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed
a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weeldy transmittals. Instead, the payrolls shall only need to include
an individually identifying number for each employee (e.g., the last four digits of the employee's social
security number). The required weeldy payroll information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at
http: / /www.dol.gov /esa/whd /forms /wh347instr.htm or its successor site. The prune Contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to the Department of Energy if the agency is a party to the
Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the
Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a .
violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weeldy submission to the
sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
G -City of Columbia Heights - Commerce t I
Giant (Rev. 08/10) 53
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United
States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the
Department of Energy or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees —
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not
less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
G -City of Columbia Heights - Commerce 54 12
Giant (Rev. 08/10)
listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed lmless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by forural certification by the
U.S. Department of Labor, Employment and Training Adniinistration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman
. hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage detenmination
for the classification of work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the Contractor
will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract tennination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
temmination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors),
and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
G -City of Columbia Heights - Commerce 13
Grant (Rev. 08/10) 55
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person
or fnm who has an interest in the Contractors firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be .liable to the United States in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other
federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of
this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (4) of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the Contract for all laborers and
mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and
address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and
weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this
paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
G -City of Columbia Heights - Commerce 56 14
Grant (Rev. 08/10)
Attachment 1
U.S. Department of Energy's
Flow Down Provisions
G -City of Columbia Heights - Commerce 15
Grant (Rev. 08/10) 57
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CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: AUTHORIZE CHANGE ORDER NO. 1 AND BY: K. Hansen BY:
FINAL PAYMENT FOR THE SANITARY SEWER PIPE DATE: 11/17/2010 DATE:
BURSTING ON CENTRAL AVENUE, PROJECT #0813
Background:
The Sanitary Sewer Pipe Bursting project on Central Avenue from 47 Avenue to 51 Court is complete.
The work included sanitary sewer reconstruction and restoration.
Analysis /Conclusions:
During the course of construction, Public Works staff directed the contractor to provide work in addition to
the original contract documents due to field conditions, staff requested changes and unknown conditions.
The pricing for additional work items was obtained from the following methods: existing line items from the
bid tab negotiated and approved by the City Engineer, or on a time and material basis.
The work is detailed on the attached change order sheet(s) and can be summarized as follows:
• Item No. 1: Water main relocation
• Item No. 2: Install new MH steps in lower portion of existing manhole
• Item No. 3: Install seed and erosion control blanket
• Items No. 4 -8: Parking lot repair
Staff recommends approval of Change Order No. 1.
Recommended Motion: Move to authorize Change Order No. 1 for water main relocation and restoration
work, City Project #0813, to Ellingson Comapanies in the amount of $49,103.00 to be funded from
KMart /Central Avenue TIF District T4.
Recommended Motion: Move to accept the work for Sanitary Sewer Pipe Bursting, City Project #0813 and
authorize final payment of $77,599.66 to Ellingson Companies.
Attachment: Change Order No. 1
Engineer's Report of Final Acceptance
COUNCIL ACTION:
59
CHANGE ORDER NO. 1
Project: Sanitary Sewer Pipe Bursting City Project: 0813
Central Avenue, 47` Avenue to 51s Court
Owner: City of Columbia Heights
637 38 Avenue N.E. Date of Issuance: November 15, 2010
Columbia Heights, MN 55421
Contractor: Ellingson Companies
PO Box 68 Engineer: City Engineer
West Concord, MN 55985
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price to compensate for work added to the contract by the City:
Water main conflicted with sanitary sewer main near manhole. Relocated water main and
installed at 7' depth instead of 10' to make repairs easier in the future.
Install new steps in reconstructed manhole.
Install seed and erosion control blanket at businesses.
Restore parking lots, Install new parking blocks, and Stripe Lots.
Purpose of Change Order: The contract has been modified to add the changes.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 398,616.50
Previous Change Orders No. to No. Net Change from Previous Change Order:
None
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 398,616.50
Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of Change Order:
$ 49,103.00
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$ 447,719.50
Recommended Approved
By: By:
City Engineer Ellingson Companies
Approved By: Approved By: Date of Council Action
Gary Peterson, Mayor Walter Fehst, City Manager
60
Attachment to Change Order No. 1
City Project 0813
Page 1 of 1
Owner: City of Columbia Heights
Contractor: Ellingson Companies
Project: Central Avenue Sanitary Sewer Pipe Bursting
Description of Changes:
The Public Works Department requested the following items.
Item No. Item Description Unit Quantity Unit Price Total Price
1 Relocate water main L.S. 1 $14,915.00 $14,915.00
2 Drill and install manhole steps L.S. 1 $ 669.00 $ 669.00
3 Seed and erosion blanket S.Y. 697 $ 3.30 $ 2,300.00
4 Furnish and install parking stops Each 8 $ 65.50 $ 524.00
5 Stripe parking lots L.S. 1 $ 440.00 $ 440.00
6 Remove bituminous parking lot S.Y. 866 $ 3.50 $ 3,031.00
7 Aggregate base class 5 or 7, CV C.Y. 120 $ 32.60 $ 3,912.00
8 Bituminous pavement Ton 188 $ 124.00 $23,312.00
TOTAL OF CHANGE ORDER NO. 1 $49,103.00
61
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
CENTRAL AVENUE SANITARY SEWER PIPE BURSTING
CITY PROJECT NUMBER 0813
November 17, 2010
TO THE CITY COUNCIL
COLUMBIA HEIGHTS,IVIINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Ellingson Companies. The
work consisted of sanitary sewer reconstruction and restoration. The contractor has substantially
completed the project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 398,616.50
CHANGE ORDERS $ 49,103.00
FINAL CONTRACT AMOUNT $ 447,719.50
FINAL WORK APPROVED $ 447,713.10
ALL PRIOR PAYMENTS ($ 370,113.44)
BALANCE DUE $ 77,599.66
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
62
CITY COUNCIL LETTER
Meeting of 11/22/2010
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
1
ITEM: RESOLUTION 2010 -115: ESTABLISHING BY: K. Hansen BY:
CITIZENS OR RETIRED & DISABLED PERSON DATE: 11/4/10 DATE:
HARDSHIP SPECIAL ASSESSMENT DEFERRAL
Background:
In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and
disabled persons. The resolution established eligibility criteria including a maximum income. The income
level is updated annually by resolution.
The attached resolution retains the criteria in the previous resolution and the current income eligibility
amount of $29,000, the same dollar amount used for reduced rates for senior citizens utility bills.
Recommended Motion: Move to waive the reading of Resolution No. 2010 -115, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution No. 2010 -115, being a resolution retaining the
maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special
assessment deferral.
KH:bt
Attachment: Resolution 2010 -115
COUNCIL ACTION:
63
RESOLUTION NO. 2010 -115
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons
owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a
hardship to make payments, and
Whereas, Minnesota Statutes 435.193 — 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and
guidelines for determining the existence of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership
and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a
permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the
same definition for purposes of assessment deferral as is used for social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual
circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner
and does not give the applicant an unreasonable preference or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk.
6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus
applicable interest shall become due and payable upon the occurrence of any of the following events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder;
b. the sale, transfer or subdivision of the property or any part thereof;
c. if the property should for any reason lose its homestead status; or
d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment.
7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the
assessment by the Council.
8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the
annual installment along with all future installments shall become immediately due and payable.
10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000.
11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15 of each year.
12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to
be assessed.
13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest
shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution.
Passed this 22` day of November, 2010.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: BY
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
64
CITY COUNCIL LETTER
Meeting of: 11/22/10
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ACCEPTANCE OF PARK MASTER PLANS BY K. Hansen
BY
AND AUTHORIZATION TO PROCEED WITH DATE: 11/16/10 DBAT }
CONSTRUCTION PLANS FOR RAMSDELL PARK
Background: In 2007, the Park & Recreation Commission went through a process of public input and review, forming a basis for the
creation of Master Plans for the redevelopment of Sullivan Lake Park and Silver Lake Park. Based on the completed Master Plans,
construction plans and specification were prepared for each park for 2008 construction, completed in the spring of 2009. The park
planning firm of Brauer and Associates prepared the Master Plans and construction documents for each park.
Analysis /Conclusions:
A similar master planning process was completed in 2008 for Ramsdell Park. This Master Plan focused on the park condition and site
amenities including aged facilities, poor spatial planning, poor spatial orientation and cohesiveness, ADA issues, not inviting, safety,
vandalism, limited use structures, meeting demographic needs, lack passive use -age related features (shelters, trails, green space),
limited or no parking, and drainage issues, past Commission and public discussions /review, and park uses. The Commission held an
informational meeting at Ramsdell Park in July of 2008 with two Concept Plans presented and reviewed. Following that meeting, the
concept plans were placed on the City web site and at the Library and the park neighborhood was re- noticed (via postcard) to allow time
for additional comment. The Commission reviewed all public comments at their September regular meeting for a final recommendation
to the City Council in October. The Council accepted the Master Plan at their January 12, 2009 regular meeting. The Master Plan
focused on the following elements:
1. Athletic field with soccer overlay
2. A bituminous walking trail
3. New parking areas
4. Wading pool improvements with a new concrete perimeter deck
5. A relocated playground area (playground equipment already purchased in 2009)
6. Overall site landscaping / perimeter screening
7. Small picnic shelter
8. Future Improvements: Parking expansion and skate park on the school -owned property (SE corner)
The goal of the master planning was to create inviting and inspiring park settings, well - planned layout, meet demographic needs (age &
ethnic), meet ADA requirements in new facilities and park amenities, facility replacement /updating, improve safety and security,
improve drainage and surface water quality, reorient parking and define park landscaping.
Due to budget considerations, work in Ramsdell Park was delayed in both 2009 and 2010, where $275,000 was budgeted each year for
Ramsdell Park improvements. To accomplish the recommended improvements from the Ramsdell Park Master Plan in 2011 and take
advantage of the favorable bidding market, staff is requesting the consideration of the following:
o Construction Documents in 2010
o Bidding and construction in 2011
Approximately $250,000 is available at year end 2010 in Fund 412: Parks Capital Improvements. If authorized by the City Council, the
improvements could be re- budgeted for 2011 construction. From the original master plan, a preliminary grading and site plan has been
developed to develop more accurate cost estimates.
RECOMMENDED MOTION: Move to authorize Brauer and Associates to prepare final construction plans and specifications based
on the Master Plan for Ramsdell Park in the amount of $12,000.
Attachments: Park Master Plan
COUNCIL ACTION:
65
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CITY COUNCIL LETTER
Meeting of: 11/ 22/2010
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: . CITY MANAGER
NO: PUBLIC WORKS
ITEM: Refuse Service Contract Amendment #1 BY: K. Hansen BY:
DATE: 11/16/10 DATE:
Background: The City entered into a new five -year Refuse & Recycling contract with Veolia ES that began on
January 1, 2010. The contract, ordinance, and process for providing service was modeled off the prior contract
and remained virtually the same. In April 2010, a new article to the City Code for Refuse and Recycling service
was added which consolidated various paragraphs into a single article under Municipal Services.
A few major changes were implemented in both the contract and ordinance:
• Recycling was changed to single -sort utilizing carts vs. boxes and allowing alley collection for recycling.
• Yard waste can only be disposed of in "compostable" bags as directed by a state law that took effect on
January 1, 2010.
• Solid waste disposal costs are based on actual tons disposed and charged directly to the City; the contractor
is paid only for providing and emptying containers, and hauling to an approved disposal site.
• Curbside recycling revenue is now shared with the City -- receiving rebates from the contractor for 60% of
commodity value.
Major items that remained the same:
• Full service households can still dispose of large household items such as furniture, beds, etc. and also up to
three 90- gallon carts worth of trash.
• Limited 60 or 30- gallon service only have trash within the container taken, and extra items are provided
separate of the contract.
• Multi- dwelling units service only have trash within the container taken, but can dispose of large household
items.
• Senior rate (income qualified) service is treated as "Full Service ".
• All residential properties receive recycling as part of a service package.
• Yard waste disposal service is provided as a service package for non - Multiple Dwelling properties (3 or less
units).
• All residential properties can dispose of one appliance per year without extra fees. This does not include
electronics.
Analysis /Conclusions:
Issues noted with the current process for Municipal provided refuse and recycling services.
1. The new yard waste bag law may have unforeseen hardships on residents because of the high price
for the appropriate bags. An option would be to utilize contractor supplied containers or carts instead
of bags. Standardized containers provided by Veolia are safe and easy for the operator to handle and
can eliminate hazards to the operator. The carts must also be the correct size and dimensions for
Veolia's equipment to lift and dump (the only way Veolia will provide the service). This service was
not part of the original RFP and require an amendment to the contract.
2. The recycling single -sort carts are very convenient, but also easier for some to utilize as an extra
garbage can (equating to approximately one -third the cost of another garbage cart). When used as a
secondary garbage container, the contractor should leave the cart alone to be emptied with trash
increasing disposal costs without revenue. If it is inappropriately dumped with the recycling, it
contaminates the recycling material and reduces its value.
67
3. The City now pays directly for solid waste disposal at $52 /ton and has a vested interest in reducing
solid waste annual volumes. Currently, when extra garbage above the service level limit is placed
out for collection it is usually collected if bagged properly. This also includes properties with limited
service that try to dispose of large household items (furniture, mattresses, etc.), without calling the
contractor prior to collection and paying up front. Currently, the City pays for the disposal of this
extra solid waste, but does not have an extra service fee process to recoup the cost of doing so.
Proposed contract amendments and process changes:
Attached is the amendment to the contract with Veolia Environmental Services. They have reviewed the
contract changes and provided prices for yard waste carts. The main changes are for Veolia to provide yard
waste carts, and mark extra garbage above a service level and report to the City when this occurs. Two
copies of the contract are included: the first copy is the edited version that has the changes marked; and the
second copy is the clean version with changes incorporated.
Recommended Motion: Move to approve the contract amendment #1 for Refuse, Recycling, and Yard
Waste, with Veolia Environmental Solid Waste Services.
COUNCIL ACTION:
68
REFUSE SERVICE CONTRACT AMENDEMENT #1
THIS Contract amendment is between the CITY OF COLUMBIA HEIGHTS, a municipal corporation,
party of the first part, herein referred to as "City", and Veolia Environmental Systems, party of the second
part, herein referred to as "Contractor ".
b. Collection Service - Garbage, Rubbish, Large Items, White Goods, and Electronics
1) Full Service Collection shall consist of one Contractor provided 96- gallon or one Contractor
provided 64- gallon capacity garbage container, with full service sticker, provided by the Contractor.
Contractor shall only collect up to 200 gallons (3 -96 gallon carts) or 1.5 cubic yards of extra material
outside a residence cart. The contractor will inform residents when they have refuse beyond the service
limits. The Contractor will also notify the City of the property address and amount of solid wastein excess
of the limit described above. Additional Full Service Collection includes:
2) Low - volume collection service shall consist of one 32- gallon capacity garbage container, as
provided by the Contractor. All materials subject to collection shall be fully contained in the designated
container with closed lids. The contractor will inform residents when they have refuse beyond the service
limits. The Contractor will also notify the City of the property address and amount of solid waste in excess
of the container. Additional Low - volume service includes, Christmas trees and white goods collection as
described in 4.b.1), a) & d).
3) Limited service will consist of one 64- gallon capacity container, as provided by the Contractor.
All materials subject to collection shall be fully contained in the designated container with closed lids. The
contractor will inform residents when they have refuse beyond the service limits. The Contractor will also
notify the City of the property address and amount of solid waste in excess of the container. Additional
Limited service includes, Christmas trees and white goods collection as described in 4.b.1), a) & d).
4) Contractor shall provide each multiple dwelling with at least one standard dumpster (1 cubic
yard capacity) or equivalent number of 96- gallon containers and collections a minimum of once /week.
Multiple dwelling properties may not have extra garbage or rubbish outside of the provided container,
except for large household items such as furniture items, carpet, padding, and mattresses. Property
owner /manager must call Contractor in advance of collection. The contractor will inform residents when
they have refuse beyond the service limits. The Contractor will also notify the City of the property address
and amount of solid wastein excess of the containers.. Additional services /living quarter unit includes,
Christmas trees and white goods collection as described in 4.b.1), a) & d).
c. Collection Service — Recyclables (Single Sort)
4) If the Contractor determines a recycling container is too contaminated with non - recyclable
materials, the contactor will notify the resident of contamination issues and provide information for proper
preparation of recycling. The Contractor will also notify the City of the property address and amount of
solid waste.
d. Collection Service - Yard Waste and Brush
3) The Contractor shall offer yard waste container service upon request to non - multiple dwelling
properties as specified below:
a. Residents may request a 96 gallon yard waste container through the City and the City
will notify the Contractor to provide the container to the residents /property owners, keep said
container in good repair, and replace at no charge to the resident or the City, except as otherwise
set forth herein. All containers furnished by Contractor, shall while in the possession and control
of the residences, remain the property of Contractor. Residents shall use the containers only for
the purposes for which it is intended herein and shall not make any alterations to the containers.
Residents shall be responsible for loss or damage to the containers in excess of ordinary wear and
tear. In the event a resident requests more than one container or a replacement container due to
69
theft or damage beyond ordinary wear and tear, Contractor shall provide additional containers and
charge the Resident directly for the cost of the container and delivery thereof.
b. Yard waste cart service will only be offered by the Contractor as an annual
subscription and a service cannot be discontinued until one year after the service is requested. The
resident or property owner shall select the number of carts and each cart shall be counted as an
additional service. The Contractor will add this additional service on the invoices to the City as a
separate line item.
ATTACHMENT C
THE COST PER HOUSEHOLD PER MONTH FOR THE FOLLOWING SERVICES:
Non - Multiple Dwelling Residences
Service Level 2010 2011 2012 2013 2014
Yard Waste Cart Charge $4.00 $4.12 $4.24 $4.55 $4.69
70
REFUSE SERVICE CONTRACT AMENDEMENT #1
THIS Contract amendment is between the CITY OF COLUMBIA HEIGHTS, a municipal corporation,
party of the first part, herein referred to as "City", and Veolia Environmental Systems, party of the second
part, herein referred to as "Contractor ".
b. Collection Service - Garbage, Rubbish, Large Items, White Goods, and Electronics
1) Full Service Collection shall consist of one Contractor provided 96- gallon or one Contractor
provided 64- gallon capacity garbage container, with full service sticker, provided by the Contractor.
Contractor shall only collect up to 200 gallons (3 -96 gallon carts) or 1.5 cubic yards of extra material
outside a residence cart. The contractor will inform residents when they have refuse beyond the service
limits. The Contractor will also notify the City of the property address and amount of solid waste in excess
of the limit described above. Additional Full Service Collection includes:
2) Low- volume collection service shall consist of one 32- gallon capacity garbage container, as
provided by the Contractor. All materials subject to collection shall be fully contained in the designated
container with closed lids. The contractor will inform residents when they have refuse beyond the service
limits. The Contractor will also notify the City of the property address and amount of solid waste in excess
of the container. Additional Low - volume service includes, Christmas trees and white goods collection as
described in 4.b.1), a) & d).
3) Limited service will consist of one 64- gallon capacity container, as provided by the Contractor.
All materials subject to collection shall be fully contained in the designated container with closed lids. The
contractor will inform residents when they have refuse beyond the service limits. The Contractor will also
notify the City of the property address and amount of solid waste in excess of the container. Additional
Limited service includes, Christmas trees and white goods collection as described in 4.b.1), a) & d).
4) Contractor shall provide each multiple dwelling with at least one standard dumpster (1 cubic
yard capacity) or equivalent number of 96- gallon containers and collections a minimum of once /week.
Multiple dwelling properties may not have extra garbage or rubbish outside of the provided container,
except for large household items such as furniture items, carpet, padding, and mattresses. Property
owner /manager must call Contractor in advance of collection. The contractor will inform residents when
they have refuse beyond the service limits. The Contractor will also notify the City of the property address
and amount of solid waste in excess of the containers.. Additional services /living quarter unit includes,
Christmas trees and white goods collection as described in 4.b.1), a) & d).
c. Collection Service — Recyclables (Single Sort)
4) If the Contractor determines a recycling container is too contaminated with non - recyclable
materials, the contactor will notify the resident of contamination issues and provide information for proper
preparation of recycling. The Contractor will also notify the City of the property address and amount of
solid waste.
d. Collection Service - Yard Waste and Brush
3) The Contractor shall offer yard waste container service upon request to non - multiple dwelling
properties as specified below:
a. Residents may request a 96 gallon yard waste container through the City and the City
will notify the Contractor to provide the container to the residents /property owners, keep said
container in good repair, and replace at no charge to the resident or the City, except as otherwise
set forth herein. All containers furnished by Contractor, shall while in the possession and control
of the residences, remain the property of Contractor. Residents shall use the containers only for
the purposes for which it is intended herein and shall not make any alterations to the containers.
Residents shall be responsible for loss or damage to the containers in excess of ordinary wear and
tear. In the event a resident requests more than one container or a replacement container due to
71
theft or damage beyond ordinary wear and tear, Contractor shall provide additional containers and
charge the Resident directly for the cost of the container and delivery thereof.
b. Yard waste cart service will only be offered by the Contractor as an annual
subscription and a service cannot be discontinued until one year after the service is requested. The
resident or property owner shall select the number of carts and each cart shall be counted as an
additional service. The Contractor will add this additional service on the invoices submitted to the
City as a separate line item.
ATTACHMENT C
THE COST PER HOUSEHOLD PER MONTH FOR THE FOLLOWING SERVICES:
Non - Multiple Dwelling Residences
Service Level 2010 2011 2012 2013 2014
Yard Waste Cart Charge $4.00 $4.12 $4.24 $4.55 $4.69
72
CITY COUNCIL LETTER
Meeting of November 22, 2010
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY:////'
Licenses
NO: DATE: November 16, 2010 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for November 22, 2010 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
73
rt f - , --- List of 2010 Rental
� "A s r Licenses to Approve by
\ \,! 4 iff _ � f._ 1 r of Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151
10007 4607 PIERCE ST NE Wang, Xie F10481
100 5321 Windsor Ave $ 150.00
Edina, MN 55436
10025 -RY548 LOMIANKI LN NE Schultz, Roberta F10677
1042 7250 France Avenue S 301 $ 150.00
Edina, MN 55435
10031 4112 TYLER ST NE Wolnik, Helen F10675
100 6600 Pleasant Ave So. Apt #108 $ 150.00
Richfield, MN 55423 -2305
10048 4308 6TH ST NE J.H. Callahan and Assosciates, Inc F10698
1051 1878 Duck Pond Drive $ 150.00
West St. Paul, MN 55118
10053 4047 6TH ST NE Hodgman, David F10693
100 331 Naegele AVE $ 150.00
Columbia Heights, MN 55421
10083 4000 WASHINGTON ST NE Professional Property Mgmt LLC F10716
1050 PO BOX 583253 55458 -3253 $ 150.00
Minneapolis, MN 55458 -3253
10093 4311 ROYCE ST NE Stauch, Leland F10713
100 1155 Khyber Lane N.E. $ 150.00
Columbia Heights, MN 55421
10108 3906 TYLER ST NE PH Property Management F10724
1041 3906 TYLER ST NE $ 150.00
Columbia Heights, MN 55421
10113 4317 5TH ST NE Luellen, Sylvester F10717
1042 4100 Spring Street Apt. #204 $ 150.00
Sprink Park, MN 55384 -9662
10133 4003 MAIN ST NE Dorko, Kenneth F10712
100 5072 Clearview St. NE $ 150.00
Fridley, MN 55421
10140- RY3807 GAUVITTE ST NE Greenway, Arvella F10579
100 829 Thornton St SE $ 150.00
Minneapolis, MN 55414
11/16/2010 09 :31 Page 1
74
r..
, �� ti List of 2010 Rental
` / Licenses to Approve by
Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151
10152 3931 JACKSON ST NE Burson, Stephen F10727
100 1435 Adams Street NE $ 150.00
Minneapolis, MN 55413
10161 3911 ULYSSES ST NE Nelson, Bernie F10667
100 1121 177th Lane NE $ 150.00
Ham Lake, MN 55304
10165 4632 6TH ST NE Sentyrz, Jr., Walter F10284
100 3316 Highcrest Rd NE $ 150.00
Minneapolis, MN 55418
10166 4111 5TH ST NE Jones, David F10701
100 10631 Maple lane E $ 150.00
Corcoran, MN 55374
10170 4336 6TH ST NE Wickstrom, Steven F10686
100 5040 Madison St. $ 150.00
Columbia Heights, MN 55421
10192 3911 VAN BUREN ST NE Moore, Rafik F10753
100 3228 E. Lake Street $ 150.00
Minneapolis, MN 55406
10224 4909 5TH ST NE Cities Home Rentals F10628
1040 1845 Stinson Pkwy #212 $ 150.00
Minneapolis, MN 55418
10253 4236 POLK ST NE Erickson, Gordon F10671
100 4633 South Samantha Dr. $ 150.00
Souix Falls, SD 57106 -7560
10306 4422 7TH ST NE Anglin, Bobby F10623
100 414 66th ST SW $ 150.00
Waverly, MN 55390
12001 4002 RESERVOIR BLVD NE Huffman, Patrick F10668
100 4002 NE RESERVOIR BLVD 4004 NE Reservoir$31LD00
Columbia Heights, MN 55421
12018 1093 POLK CIR NE Small, Stephanie F10678
100 1091 Polk Circle $ 150.00
Columbia Heights, MN 55421
11/16/2010 09 :31 Page 2
75
cin4 t List of 2010 Rental
f
Licenses to Approve by
..- Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763- 706 -8151
12019 5055 JACKSON ST NE McNutt, Mary Jo F10125
100 5057 Jackson Street NE $ 150.00
Columbia Heights, MN 55421
12031 4008 CLEVELAND ST NE Brownrigg, Thomas F10719
100 4010 Cleveland Street NE $ 150.00
Columbia Heights, MN 55421
12140 609 51ST AVE NE McQuarry, Thomas F10558
100 609 51st Avenue $ 150.00
Columbia Heights, MN 55421
12167 4957 TYLER ST NE Johnson, Greg F12167
1042 817 Plainview $ 150.00
LaCrosse, WI 54603
12203 4409 MONROE ST NE Graham, James F10619
100 4409 Monroe Street $ 150.00
Columbia Heights, MN 55421
20002 1161 CHEERY LN NE Wilson, Craig F10620
100 12530 Dorchester Trail $ 150.00
Apple Valley, MN 55124
20009 1348 44 1/2 AVE NE Seiffert, Mitchell 10673
100 1350 44 1/2 AVE NE $ 150.00
Columbia Heights, MN 55421
20019 633 51ST AVE NE Therrien, Thomas F10553
100 21655 Co. Road 117 $ 150.00
Corcoran, MN 55374
20025 4855 5TH ST NE Boyum, Clifford F10577
100 1426 Bussard Court $ 150.00
Arden Hills, MN 55112
20035 4407 JACKSON ST NE Maciaszek, Rose F10602B
100 2882 Rice Creek Terrace $ 150.00
New Brighton, MN 55112
20059 3807 VAN BUREN ST NE R.P. Management F10654
1040 1714 East Hennepin Ave. Attn: John Scheffert $ 150.00
Minneapolis, MN 55414
11/16/2010 09:31 Page 3
76
aaa e _ ' w ta h 3 t trg List of 2010 Rental
sss.
- Licenses to Approve by
�, � ,. < , w 4 .47; Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151
20060 4995 TYLER ST NE Majewski, John F10669
100 105 12th Avenue NW $ 150.00
New Brighton, MN 55112
20069 4157 QUINCY ST NE CMACS LLP, F10692
1050 2130 Erin Ct. $ 150.00
New Brighton, MN 55112
20073 4529 TAYLOR ST NE Van Blaricom, Stanley F10496B
100 118 Balsam Lane N. $ 150.00
Plymouth, MN 55441
20110 4055 UNIVERSITY AVE NE Zezza, John F10676
100 2425 S. Lake George Drive $ 150.00
Oak Grove, MN 55011
20120 679 46TH AVE NE Newport Investments,LLC. F10520
1051 6551 Channel Road $ 150.00
Minneapolis, MN 55432
20149 4519 TAYLOR ST NE Payan, Ernesto F10751
100 3428 Benjamin St. N.E. $ 150.00
Minneapolis, MN 55418
20178 4420 MONROE ST NE McClellan, Duncan F10638
100 1767 18th Ave NW $ 150.00
New Brighton, MN 55112
20248 4540 TYLER ST NE Hecker, Daniel F10697
100 2207 7TH ST N. $ 150.00
North St. Paul, MN 55109
20252 3915 VAN BUREN ST NE Trewartha, Robert F10696
100 5839 142nd Ave N.W. $ 150.00
Ramsey, MN 55303
20264 4600 4TH ST NE Wakeman, Larry F10532
100 4608 4th Street N.E. $ 150.00
Columbia Heights, MN 55421
20268 804 51ST AVE NE Guardian Property Management F10613
1051 708 Cleveland Avenue SW Suite #160 $ 150.00
New Brighton, MN 55112
11/16/2010 09:31 Page 4
77
1J r
✓ List of 2010 Rental
' Licenses to Approve by
\\":73y/ ,..a�. -: Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151
20299 4655 POLK ST NE Cooper, Barbara F10683
100 PO Box 120447 $ 150.00
St. Paul, MN 55112
30011 4255 3RD ST NE Steven Scott Management, Inc. F10674A
1040 5402 Parkdale Drive Attn: Steven C. SchachtmarE5S1&t
fh00
St. Louis Park, MN 55416
30015 -N0947 TYLER ST NE Anderson, Eric F10665
100 3613 Belden Dr. NE $ 150.00
St. Anthony, MN 55418
30034 2200 39TH AVE NE Midwest Management F10662B
1050 750 Pennsylvanie Ave. S. $ 470.00
Minneapolis, MN 55426
30051 970 43 1/2 AVE NE New Concepts Mgmt F10413
1040 5707 Excelsior Blvd Attn: Toni $ 266.00
St. Louis Park, MN 55416
30062 4650 JOHNSON ST NE Equimax Real Estate, LLC F10699
1040 1161 Wayzata Blvd #312 312 $ 356.00
Wayzata, MN 55391
30102 4640 POLK ST NE Sekizovic, Maumer F10706
100 PO Box 21314 Apt #3 $ 188.00
Columbia Heights, MN 55421
30108 3746 STINSON BLVD NE Equimax Real Estate, LLC F10700
1040 1161 Wayzata Blvd #12 312 $ 356.00
Wayzata, MN 55391
30109 3850 STINSON BLVD NE Northeast Seniors Housing Corporation F10704
1051 3410 Winnetka Avenue N. Suite A $1070.00
New Hope, MN 55427
30129 4621 UNIVERSITY AVE NE Knutson, Herb F10722
100 27749 Bay Shore Drive $ 248.00
Isanti, MN 55040
30147 3925 3RD ST NE HBG Group F10631A
1050 7800 Metro Pkwy Suite #300 $ 266.00
Bloomington, MN 55425
11/16/2010 09:31 Page 5
78
2010
List
to ����� of @ �����
�
License � by
Council
o�o*`o��v nuew���-oo/umm���/n»m^mw so�c, �x�reo-rm�u�so'�ax �oo�n
30175 38O6ST|NSON8LVDNE Houain F10720
ennAvenuoNodh �356�0O
1040
K4innoapo|io.K4N55412
30177 3O1GST|NSON BLVD NE HouoingP|uo!nc� F1U�21
3522PennAvonueN� 2 �368�00
1040
�N�nneopo|io.K4N5G41
30179 382SST|N6UN8LVDNE K|um1314.Cynthiu F1OS66
VV�Roya|OakaDr� �358�0U
100
Shon*view.W1N55128
30502 4G41TYLERSTNE AnokaCnun�Commun�yAoUonProgram F10438D
1050
12O18[�hAvonua #346 $ 18O�OO
B|aina.PWN55434
34002-N048555THSTNE C�H�Prope�ieo F1
6�G0NumvoodLane 0 lO5O yWep|e(�ruve.�1N5538U 34804 430G2NDSTNE Fnem|ing.J�nnifer 43852NDSTN� U
100
Co(umbiaHaigh.K4N5S421
3401O'NC173337TH AVE NE Hunoan.dnu| F10525
215�3�ndS� �15O�0O
100
K4innoapo|ia to 55408
Total #ofLicenses 62
I1/I6/2010 O9�5l page 6
79
CITY COUNCIL LETTER
Meeting of: Nov 22, 2010
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO DATE: Nov. 17, 2010 BY
BACKGROUND /ANALYSIS
Attached is the business license agenda for the November 22, 2010 Council meeting. This agenda
consists of applications for 2010 and 2011 Contractor licenses, and business license renewals for 2011,
as detailed in the attached list.
Please note, that both Speedway and Northern Tier (purchaser) are obtaining licenses for 2011 for the
5000 Central Avenue location, in case the closing doesn't take place as planned with Northern Tier. In
the event, they close on the planned date, license fees will be refunded to Speedway.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 22, 2010 as
presented.
COUNCIL ACTION:
80
TO CITY COUNCIL November 8, 2010
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES —2010
*MH Plumbing Inc 6725 277 Ave NW, Isanti $60
Wruck Excavating Inc 15096 102 St SE, Becker $60
Dalco Roof & Sheet Metal 15525 32 Ave N, Plymouth $60
CONTRACTOR'S LICENSES -2011
BLDG *Fireside Hearth & Home 2700 Fairview Ave, Roseville $60
*J -Berd Mechanical 3308 Southway Dr, St Cloud $60
*Yale Mechanical 220 W. 81 St, Bloomington $60
*Golden Valley Htg 5182 W Broadway, Crystal $60
*Corporate Mechanical 5114 Hillsboro Ave N, New Hope $60
*AM Plumbing 14965 209 Ave NW, Elk River $60
*Sharp Htg. & AC 7221 University Ave, Fridley $60
*Stern Htg & Cooling 34181 180 Ave, Red Wing $60
*Dave's Htg & Air 1601 37 Ave NE, Col Hts. $60
*Air Mechanical 16411 Aberdeen St NE, Ham Lake $60
*Quality Refrigeration 6237 Penn Ave S #100, Richfield $60
*Automatic Door & Frpl 8900 109 Ave N, Champlin $60
*Jimbo's Plumbing LLC 1630 Fairway Dr, Col. Hts. $60
*Standard Heating 130 Plymouth Ave No, Mpls $60
* Modern Roadways 1620 Winnetka Ave N, Golden Valley $60
*Terra's Canopies LLC 3610 46'/2 Ave, Robbinsdale $60
CIGARETTE/TOBACCO LICENSES
Jeff, Bobby & Steve's 3701 Central Ave, Col. Hts $300
Totem Foods 4635 Central Ave, Col. Hts $300
Filfillah Market 4305 Central Avenue, Col. Hts $300
University Auto 5257 University Ave, Col. Hts $300
(3) Municipal Liquor Stores 4950 Central, 2105 37 Ave, 5225 Univ No fee
SMOKE SHOP
Fouad's Inc dba Hookah Paradise 4110 Central Ave, Col. Hts $300
Sarah's Tobacco 4329 Central Ave, Col. Hts $300
Top Value Tobacco 2311 37 Ave, Col. Hts $300
Hookah Kingdom 4921 Central Ave, Col. Hts $300
Urban She Sha 332 30 Ave, Col. Hts. $300
FUEL DISPENSING DEVICES
81
Jeff, Bobby & Steve's 3701 Central Ave, Col. Hts. $100
University Auto 5257 University Ave, Col. Hts $ 80
Speedway SA 5000 Central Ave, Col. Hts. $140
Silk Inc dba Speedy Mart 4001 University Ave, Col. Hts. $170
MOTOR VEHICLE RENTAL
Columbia Heights Rental 3901 Central Ave, Col. Hts. $50
OFF SALE BEER
Top Value Tobacco 2311 37 Avenue, Col. Hts. $150
ON & OFF SALE BEER
Jeff, Bobby & Steve's 3701 Central Ave NE, Col. Hts. $400/$150
SECONDHAND DEALER
Unique Thrift /Apogee Inc 2201 37 Ave, Col. Hts. $100
Salvation Army 3929 Central Ave, Col. Hts. $100
MASSAGE LICENSES
Hart Lake Massage 3813 Hayes St, Col. Hts. $500 Bus.
Jennifer Pyper -Muno 3813 Hayes St, Col. Hts. $100 Individ.
GAMES OF SKILL
American Amusement Arcades 2100 W. 96 St, Bloomington $90/$210
For Mady's and Star Bar locations
Theisen Vending 2335 Nevada Ave N. Golden Valley $105
For Laundry World & Family Dollar locations
LIQUOR LICENSES
LaCasita Restaurant 5085 Central Ave, Col. Hts. $6,700
Buffalo Wild Wings 4811 Central Ave, Col. Hts. $6,700
Sarna's Classic Grill 3939 University Ave, Col. Hts. $6,700
CLUB LIQUOR
Columbia Heights Lions Club 530 Mill St, Col. Hts. $300
VFW #230 4446 Central Avenue, Col. Hts. $500
TEMPORARY BEER
82
Columbia Heights Lions Club 530 Mill St, Col. Hts. $400
For Jamboree -Huset Park June 23 -26, 2011
CURRRENCY EXCHANGE LICENSE
Cash Czechs Inc dba Kwik Cash 4639 Central Ave State License
Needs City Council Approval for State to re -issue
83
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: November 22, 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 136943 through 137081 in the
amount of $ 1,802,690.00 .
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
84
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CITY COUNCIL LETTER
Meeting of November 22. 2010
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolutions For BY: Gary Gorman BY:
Revocation /
DATE: DATE:
NO:
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2010 -116 – 3809 Buchanan Street N.E.
2010 -117 – 1301 -03 Circle Terrace Blvd. N.E.
2010 -120 – 563 38 Avenue N.E.
2010 -121 – 4056 -58 5 Street N.E.
2010 -123 –1468 Lincoln Terrace
2010 -124 – 999 41 Avenue N.E., Apt. #320
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2010 -116, 117, 120, 121, 123, and 124 being ample copies available to
the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2010 -116, 117, 120,
121, 123, and 124 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.
COUNCIL ACTION:
91
RESOLUTION 2010 -116
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 Terrence F. Jones (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 3809 Buchanan
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 November 8, 2010 of an public hearing to be held on
November 22, 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 September 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 November 8, 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:
a. Failure to submit renewal rental license application and fees
b. Failure to schedule an annual rental relicensing inspection
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 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 FE- 3809 -09 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.
92
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
93
RESOLUTION 2010 -117
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 Steve Elie (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 1301 -03 Circle
Terrace Blvd. 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 November 4, 2010 of an public hearing to be held on
November 22, 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 September 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 November 4, 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:
a. Failure to submit rental license renewal 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 F9960 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2010
94
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
95
RESOLUTION 2010 -120
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 Mario Gutierrez (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 563 38 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 November 4, 2010 of an public hearing to be held on
November 22, 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 September 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 November 4, 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:
a. Failure to submit rental license renewal 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 F10104 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2010 .
96
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
97
RESOLUTION 2010 -121
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 Anthony Brown (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4056 -4058 5th
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 November 4, 2010 of an public hearing to be held on
November 22, 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 September 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 November 4, 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:
a. Failure to submit rental license renewal 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 F10081 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2010
98
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
99
RESOLUTION 2010 -123
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 Isidro Garcia (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 1468 Lincoln
Terrace 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 November 4, 2010 of an public hearing to be held on
November 22, 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 September 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 November 4, 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:
a. Failure to submit rental license renewal 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 F10248 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2010
100
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
101
RESOLUTION 2010 -124
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 Thomas Wasik (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 999 41 Avenue
N.E., Unit #320, 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 November 4, 2010 of an public hearing to be held on
November 22, 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 September 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 November 4, 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:
a. Failure to submit rental license renewal 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 F10007 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2010
102
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
103
CITY COUNCIL LETTER
Meeting of November 22, 2010
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
DATE: November 16, 2010 DATE:
NO: 10 -125 to 10 -126
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2010 -125 — 5001 5 th Street N.E.
2010 -126 — 3841 3 `d Street N.E.
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2010 -125 and 127 there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2010 -125 and
126 being resolutions of the City Council of the City of Columbia Heights declaring
the properties listed a nuisance and approving the abatement of violations from the
properties pursuant to City Code section 8.206.
COUNCIL ACTION:
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RESOLUTION 2010 -125
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Margaret C. Barnett (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 5001 5 Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 13, 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 August 26, 2010 and September 3, 2010 an inspection was conducted on the
property listed above. Inspectors found violations. A compliance order was sent via regular
mail to the owner at the address.
2. That on October 13, 2010 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 12, 2010 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall remove all /any outside storage from the property.
B. Shall repair /replace damaged garage door.
C. Shall sod /seed /landscape all bare areas in back.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 5001 5 Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
105
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 5001 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
106
RESOLUTION 2010 -126
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by American Bank of the North (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 3841 3 Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 15, 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 December 28, 2007 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 15, 2010 inspectors reinspected the property listed above. Inspectors noted
that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on November 15, 2010 inspectors reinspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3841 3 Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
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ORDER OF COUNCIL
1. The property located at 3841 3 Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
108