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HomeMy WebLinkAbout01/24/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40"' Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers 1%is* our websiteat: www.ei.columbin- hei'hts.nm.as Robert A. Williams Bruce Naivrocki Tammera Thelon Donna Schmitt City Mummer 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, January 24, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City o f C olumbia Heigh is do es no t discri minate o n th e basis of disability in th e ad mission o r access to, or treatment or employment in, its sery ices, programs, or activities. Upo n request, accommodation will be provided to allow ind ividuals with d isabilities to p articipate in all Cit y o f Columbia Heights' sery ices, prog rams, an d activ ities. Auxiliary aids for disabled persons are available upon request when the request is made at least 9 6 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 Church of All Nations 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 January 10, 2011 City Council meeting. p6 MOTION: Move to approve the minutes of the January 10, 2011 City Council meeting. B. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief p14 Association Board of Trustees for 2011. MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2011. C. Approve Raffle for Little Voyageurs' Montessori School, St. Timothy's Lutheran Church p15 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 29, 2011; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. D. Authorization to Purchase Three Replacement Police Vehicles p19 MOTION: Move to authorize the purchase of two 2011 Ford Crown Victoria Police Interceptor vehicles under the State of Minnesota bid, with funding to come from 431.42100.5150, in the 3 City Council Agenda Monday, January 24, 2011 Page 2 of 3 amount of $45,053.28 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. MOTION: Move to authorize the purchase of one used four -door sedan for use as an unmarked vehicle with funding to come from 431.42100.5150, in an amount not to exceed $15,000, and that the Mayor and City Manager are authorized to enter into a contract for same. MOTION: Move to authorize the Police Chief to expend up to $14,500 to set up and outfit two marked patrol cars and one unmarked vehicle. E. Approve reissuance of rental license for 999 41st Avenue, Apt. #320 as Property Maintenance p21 Code issues have been resolved. MOTION: Move to issue a rental- housing license to Thomas Wasik to operate the rental property located at 999 41st Avenue N.E., Apt #320 in that the provisions of the Property Maintenance Code have been complied with. F. Approval of the attached list of rental housing licenses. p22 MOTION: Move to approve the items listed for rental housing license applications for January 24, 2011, in that they have met the requirements of the Property Maintenance Code. G. Approve the Business License Applications p24 MOTION: Move to approve the Business License agenda for January 24, 2011 as presented. H. Approve payment of the bills p 26 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137716 through 137833 in the amount of $1,020,404.64. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2011-004, being a Resolution approving rental license revocation at 2215 45th Avenue N.E. p33 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -004, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2011 -004, being a Resolution 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 license listed. B. Adopt Resolution 2011 -005, 1700 Innsbruck Parkway being a declaration of nuisance and p36 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -005 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2011 -005 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 4 City Council Agenda Monday, January 24, 2011 Page 3 of 3 1. Adopt Resolution 2011 -03, being a Resolution for authorization to enter into a Time Payment Agreement with James Wetch p39 MOTION: Move to waive the reading of Resolution 2011 -03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -03, authorizing the Mayor and City Manager to Sign "Contract for Sewer Availability Charge -Time Payment Agreement" for 4040 Central Avenue NE. 2. 2nd Reading of Ordinance 1587, being an amendment to convey certain real estate p47 MOTION: Move 7 to waive the reading of Ordinance 1587, there being ample copies available to the public. Motion: Move to adopt Ordinance 1587, being an Ordinance conveying certain real estate located at 3853 3rd Street, 4039 5th Street, 4221 5th Street, 4110 6th Street, 4147 7th Street, 1307 Circle Terrace Blvd, 4631 Pierce Street, 4600 Polk Street, 4606 Polk Street, 4636 Polk Street, 4648 Polk Street, 4448 Quincy Street, 4303 Reservoir Blvd, 3842 Tyler Street, 3846 Tyler Street, 4235 Washington Street and 4502 Washington Street. B. Bid Considerations - none C. New Business and Reports 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. ADJOU • NT l s / I Lin a L. Magee, Assistant to t ° Ci Manager /Human Resources Director , LLM /pvm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 10, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 10, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt Senior Pastor Paul Widen, Oak Hill Baptist Church, gave the Invocation OATH OF OFFICE/PLEDGE OF ALLEGIANCE City Clerk/Council Secretary administered the Oath of Office to Council member Donna Schmitt, Council member Tami Diehm, and Mayor Gary Peterson Peterson asked new Council member Schmitt to say a few words. Donna Schmitt thanked everyone that supported her and voted for her and stated that she is present to serve the citizens. Nawrocki welcomed Schmitt and read from a statement on his expectations for the coming two years. He referred to the importance to remember the feelings of the residents and reflecting them in our actions. He indicated that he expects to be able to express his feelings. Diehm stated she looks forward to the next four years of working together for the residents of the community. Williams stated that the Council has done a lot for the city and he wants to continue to move the city forward to a better life. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to speak on the budget, review of the newsletter, and to remove consent agenda items C, D, E, H for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS, none CONSENT AGENDA City Manager Walt Fehst took Council members through the remaining items on the Consent Agenda. A. Approve minutes of the City Council meeting Motion to approve the minutes of the December 13, 2010 City Council meeting. B. Accept minutes of Boards and Commissions Motion to accept the minutes of the December 9, 2010 Telecommunications Commission meeting. Motion to accept the minutes of the January 4, 2011 Planning and Zoning Commission meeting. C. Approve appointment of members to the EDA and HRA — removed 6 City Council Minutes Monday, January 10, 2011 Page 2 of 8 D. Approve appointment to the Traffic Commission - removed E. Designating an Official Newspaper for 2011 - removed F. Designate Official Depositories for the City of Columbia Heights Motion to waive the reading of Resolution 2011 -001, there being ample copies available to the public. Motion to adopt Resolution 2011 -001, being a resolution designating official depositories for the City of Columbia Heights. G. Accept Certain Donations Received by the City of Columbia Heights Motion to waive the reading of Resolution 2011 -002, there being ample copies available to the public. Motion to adopt Resolution 2011 -002, being a resolution to accept certain donations received by the City of Columbia Heights. H. 1st Reading Ordinance 1587, being an Ordinance authorizing to convey certain real estate - removed L Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for January 10, 2011 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 10, 2011 as presented. K. 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 137345 through 137715 in the amount of $1,212,884.21. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C. D, E, and H. Nawrocki noted the on the minutes that Muscovitz has stopped indicating she is the Council Secretary, which is required by the City Charter. Upon vote: All ayes. Motion carried. C. Approve appointment of members to the EDA and HRA Fehst read the names of persons appointed to the EDA and HRA. Schmitt asked if there is an opening on the HRA. Peterson stated yes and we will take applications. Diehm stated that the person needs to live at Parkview Villa. Motion by Williams, second by Nawrocki, to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant HRA positions. Upon vote: All ayes. Motion carried. 7 City Council Minutes Monday, January 10, 2011 Page 3 of 8 Motion by Williams, second by Nawrocki, to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant EDA positions. Upon vote: All ayes. Motion carried. D. Approve appointment to the Traffic Commission Peterson indicated the background of Mr. Olson and indicated he would like to appoint him. Nawrocki questioned if we advertised this opening. Peterson stated this was advertised on our web site and Channel 16. Diehm stated there is currently an opening on the Planning and Zoning Commission. Motion by Williams, second by Nawrocki, to appoint Leonard Olson to the Traffic Commission for the vacant term to expire April 2012. Schmitt asked why it took so long to act on this. Muscovitz explained the process and priorities. Schmitt asked when Council would meet on the next appointment. Fehst stated that prior to a work session or council meeting the Council will meet with each candidate for fifteen minutes. Diehm indicated we should allow time for additional applicants. Nawrocki stated it should be advertised in the newsletter. Peterson stated there does not have to be a vacancy to submit an application. Upon vote: All ayes. Motion carried. E. Designating an Official Newspaper for 2011 Nawrocki stated that he receives comments that residents do not receive the Sun -Focus at their door. He asked the reporter present to relay that they are missing a lot of homes in Columbia Heights. Motion by Nawrocki, second by Williams. to designate Sun Focus News as the official City newspaper for 2011 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Upon vote: All ayes. Motion carried. H. 1st Reading Ordinance 1587. being an Ordinance authorizing to convey certain real estate Nawrocki questioned the reason for this ordinance. Scott Clark, Community Development Director, stated this is being operated through tax increment dollars and in 2009 the EDA began purchasing homes in the private market with the contingency that the city body would authorize the purchases within seven days, as a matter of convenience since the EDA only meets twice a month. The understanding was that the City Council would return the parcels to the EDA. The resolution passed at that time allowed the Council to be the agent of the property. The funds are almost extinguished and the city wishes to move the properties back to the EDA ledger. Once the EDA gets the sites back they will discuss selling the properties. Motion by Williams, second by Diehm, to waive the reading of Ordinance 1587, there being ample copies available to the public. Nawrocki stated that he feels it would make more sense to have the properties in the City's name. Upon vote: All ayes. Motion carried. 8 City Council Minutes Monday, January 10, 2011 Page 4 of 8 Motion by Williams, second by Diehm, to establish the second reading of Ordinance 1587, to convey certain real estate, for Monday, January 24, 2011 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. PUBLIC HEARINGS — none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. 1st Reading of Ordinance 1588. being a Zoning Amendment as it Relates to Driveways. Jeff Sargent, City Planner, stated these ordinance amendments are part of the Planning Department's goal to make these zoning items easier for the public. The driveway ordinance is to change the setback of driveways to one foot from the lot line for a 60 foot wide lot for one to four person residents. In the future staff would like to see some control of future joint driveways and their maintenance. This ordinance would combine driveway items in the City Code. It does not "go after" existing driveways, but will relate to future driveways. He stated that we are looking at future discussions to require a permit for a driveway and listed items that would be reviewed in a permit. Diehm stated she was in favor of the set back reduction. There has been a shift in our ability to grant variances due to new case law, so this will reduce requests we would no longer be able to allow. A conditional use permit for shared driveways would be good. Even if the original owners have an agreement, there can be issues when one of the properties changes owners. Diehm requested staff to come back with a permit, not a fee and to be sure owners have their driveway in the appropriate place. Nawrocki stated he does not see the need for this ordinance and questioned if this means that homes without a garage cannot have a driveway. Sargent stated that a garage is required for any new construction. Any current situation would be allowed to remain. Nawrocki stated this was only approved by the Planning and Zoning Commission on a two to one vote. Jim Hoeft, City Attorney, stated that the vote was legitimate. Peterson stated that one Commission member wanted to table this until spring to view the situation; the others were comfortable with the recommendation. This is relaxing the City Code to allow a one foot rather than three foot driveway setback. Peterson stated that the Building Official should indicate if a driveway will drain properly and is placed correctly. But, in a clay environment the cement moves and cracks and he does not want anyone to indicate that the city is responsible for cracks or damage. Sargent stated that could be discussed in the permit process. Of 13 cities surveyed, eight require permits and five of these charge fees. We only want to recover the cost of our time. Schmitt agreed with the setback change, as smaller properties are hampered with the current requirements. Schmitt requested to table the first reading of the ordinance for further review. This covers the shoreline district and Ordinance 1550 requires a permit for that area, which would be a repetition. She stated that this is not a rush right now and she would like to receive more information. Diehm questioned Schmitt's concern on reconstruction of existing driveways. Schmitt stated the information referred to building permits for construction or reconstruction of driveways. Diehm stated that State Statute indicates that if it is non - confirming the owner has the right to rebuild it to the same non - conforming state and so they are protected by State Statute. 9 City Council Minutes Monday, January 10, 2011 Page 5 of 8 Schmitt indicated she was referring to the permits. Diehm stated that is not part of this ordinance. Each ordinance requires two readings and a waiting period before it passes. Fehst questioned the difference in a shoreline district. Sargent stated there are different requirements in that area regarding coverage of impervious surfaces. Nawrocki questioned what neighborhoods this would affect and referred to lot size, unattached garages and alleys. Diehm reiterated that this ordinance is for the setback requirement of lots less than 60 feet. This is a benefit to property owners, allowing them flexibility. Peterson agreed this is a relaxation of the requirements. Other items will need to be discussed at a work session. Any questions may be directed to staff. Motion by Schmitt, second by Nawrocki, to table Ordinance No. 1588. Upon vote: Schmitt, aye; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes — 3 nays. Motion failed. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1588, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1588, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2. 1st Reading of Ordinance 1589, being a Zoning Amendment as it Relates to Fences. Sargent stated this is essentially a re- codification as fences are addressed in Chapter 6 and Chapter 9 of the City Code. It would bring the items together in the Zoning code, Chapter 9.106. The only change would be a conditional use permit requirement for fences over six feet tall with a maximum height of seven feet. Nawrocki stated the old and new ordinance allow for barbed wire fences in industrial areas and questioned why we would allow this in an urban area. Sargent stated this would not address policy, but could be added to the second reading of the ordinance. Hoeft stated that this allows the typical Century fence with rows of barbed wire on the top. Diehm suggested that no barbed wire be allowed below a certain level. Sargent stated a barbed wire fence would require a conditional use permit. Peterson asked the City Planner to look at this and clarify it. Hoeft stated the answer is that this can only be allowed through a conditional use permit. Diehm stated that this ordinance is only combining language. If requested, the Planning and Zoning Commission can review barbed wire fences and hold public hearings. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1589, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1589, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Schmitt referred to the wording that "no previous material may be used in a new fence ". Sargent stated that is so people do not put in a multi -type fence, as we want a uniform look. Diehm stated that years ago the Commission went through the code section by section. The preference is to do this by bringing questions to the Planning and Zoning Commission for review. 10 City Council Minutes Monday, January 10, 2011 Page 6 of 8 Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 nay. Motion carried. B. Bid Considerations - none C. New Business and Reports Appoint Council President and approve Council /Staff Liaison Assignments Motion by Williams, second by Schmitt, to appoint Council member Diehm as the 2011 Council President. Upon vote: All ayes. Motion carried. Peterson referred to the council liaison appointments. Nawrocki indicated that the Suburban Rate Authority was removed and that the National League of Cities representative should also be removed. Fehst stated that item would be removed. Peterson stated that this list can be changed during the year. Diehm stated her appreciation for Peterson and Nawrocki stepping in for her when she is unable to attend a meeting. Motion by Diehm, second by Williams, to approve the recommended 2011 Council /Staff Liaison assignments, with removal of the National League of Cities. Upon vote: All ayes. Motion carried. Nawrocki stated that there should be new and old business sections in the agenda. Nawrocki indicated that he attended the Valley View DARE graduation. ADMINISTRATIVE REPORTS Report of the City Manager — none Nawrocki indicated again that the City Council should be allowed to review the draft newsletter before publication. He stated that he wants more information in the newsletter regarding the budget and items such as the utility fund. He stated that he was bringing financial questions to the Finance Director but may now bring them to the Council meetings for a matter of record, as the Finance Director chooses to answer only the questions he wants to answer. Financial affairs of the city are the responsibility of the Council. He requested that the City Manager set up a system for him to get his questions answered. Fehst stated that sometimes Council member Nawrocki asks for information that we have already given him several times. Fehst suggested that the City Clerk keep copies of all such correspondence. That relationship should continue. Peterson stated that Council members are supposed to work through the City Manager and we will adhere to that if we have to. We relax that requirement with our good relationships with department heads. There was a breakdown of communication because a Council member's behavior. Nawrocki indicated that like residents that come to him and vent their feelings, he should be able to also. He stated that his efforts are to get information and he will not relent to get information. Peterson stated that if a Council member is in error, they need to apologize and move one. Report of the City Attorney — nothing to report. CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested the city review obtaining an assistant for the City Clerk. He referred to a survey taken at the Public Service Building and suggested this type of thing would reach more residents by placing it in the city newsletter. Morrell stated that in his review of the city budget it looks like the city is top heavy. In reference to the liquor store budget, he suggested a reduction in the number of managers or the elimination of municipal liquor stores. Nawrocki gave the history of municipal liquor operations and the public's overwhelming vote to stay 11 City Council Minutes Monday, January 10, 2011 Page 7 of 8 in the business. He referred to the debt to build the new stores. There is only one overall manager, but it may not hurt to review this. He referred to liquor legislation to sell wine and beer in grocery stores. Nawrocki indicated that coffee donations for Council meetings should be taken again. Peterson spoke of the water line break under City Hall this week. The break was in a line built in 1942 and the break was under the building built in 1972. A new line was put in about 30 feet from the old line. On January 24 the new electronic equipment will be ready in the Council Chambers, including flat screen TV's and state of the art technology. Mayor Peterson stated: Remember our service men and women who protect our freedoms and the tragedy in Arizona and send our prayers to the victims. Don't take yourself too seriously. Life can be fleeting. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:24 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary RESOLUTION NO. 2011-001 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor, City Manager, Treasurer- Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor, City Manager, Treasurer - Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 12 City Council Minutes Monday, January 10, 2011 Page 8 of 8 BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. RESOLUTION NO. 2011-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor - prescribed terms listed: DATE DONOR DOC REF AMOUNT PURPOSE 20910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 133850 10,000.00 RECREATION 30910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 134067 4,000.00 RECREATION 61510 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 135082 20,000.00 RECREATION 61510 NEMER,FIEGER & ASSOC INC 135083 500.00 RECREATION 62310 COLUMBIA HEIGHTS LIONS CLUB 135151 50.00 RECREATION 62310 SHOREWOOD INN INC 135152 50.00 RECREATION 81910 WALMART 135678 600.00 RECREATION 22410 SHAMROCK CASINO TOURS 133954 20.00 SENIOR PROGRAM 30410 ZALLAR,BARBARA 134043 12.00 SENIOR PROGRAM 41910 MATTHEWS,RUTH 134457 20.00 SENIOR PROGRAM 80210 VARIOUS 135513 360.00 SENIOR PROGRAM 80210 AAMOTH,IONE 135514 10.00 SENIOR PROGRAM 80210 GRAY.BETTE 135515 100.00 SENIOR PROGRAM 80210 ZOOK,MAJORIE 135516 25.00 SENIOR PROGRAM 80210 BURT,ARDELLE 135517 10.00 SENIOR PROGRAM 80210 THUL,CATHERINE 135518 25.00 SENIOR PROGRAM 80210 DAMEROW,ARNO 135519 100.00 SENIOR PROGRAM 80210 BOYLES,ELAINE 135520 25.00 SENIOR PROGRAM 80210 GROTE,JEANETTE 135521 50.00 SENIOR PROGRAM 80210 BADER,SHIRLEY 135522 25.00 SENIOR PROGRAM 80210 DAVITT,BRENDA 135523 30.00 SENIOR PROGRAM 80210 DAVIN,JUDY 135524 100.00 SENIOR PROGRAM 80210 MCCAULEY,PEGGY 135525 25.00 SENIOR PROGRAM 80210 EDLUND,LUCILLE 135526 20.00 SENIOR PROGRAM 80210 VACHUSKA,MAUREEN 135527 20.00 SENIOR PROGRAM 80210 VLIEGER,DELORIS 135528 10.00 SENIOR PROGRAM 80210 ANDERSON,ELAINE 135529 15.00 SENIOR PROGRAM 80210 JOHNSON MOTORS 135530 15.00 SENIOR PROGRAM 91510 NICHOLSON,JUNE 135945 25.00 SENIOR PROGRAM 100410 SHAMROCK CASINO TOURS 136121 20.00 SENIOR PROGRAM 61510 NORTHEAST BANK 135079 100.00 FIREWORKS 61510 NEMER,FIEGER & ASSOC INC 135080 500.00 FIREWORKS 61510 CREST VIEW MANAGEMENT SERVICES 135081 50.00 FIREWORKS 61510 THE KORDIAK COMPANY 135084 25.00 FIREWORKS 81910 COLUMBIA HEIGHTS LIONS CLUB 135688 750.00 FIREWORKS Subtotal Fund 881 Contributed Projects - Recreation 37,687.00 10610 ANONYMOUS 133561 100.00 STREETS 41210 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 134385 400.00 LIBRARY 41510 GATES FOUNDATION (VIA STATE OF MN) 134432 5,850.00 LIBRARY 62810 ALERUS FINANCIAL 135183 100.00 POLICE 70210 WALMART 135245 800.00 POLICE 100710 FINANCIAL ONE 136237 750.00 POLICE 113010 ALERUS FINANCIAL. 137251 100.00 FIRE 122810 ALERUS FINANCIAL 137502 100.00 FIRE Subtotal Fund 881 Contributed Projects - Other 8,200.00 GRAND TOTAL 45,887.00 13 CITY COUNCIL LETTER Meeting of January 24, 2011 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY Consent Agenda Fire MANAGER APPROVAL NO: ITEM: Appointment to BY: Gary Gorman BY: Firefighters Relief Assoc. NO: DATE: January 24, 2011 DATE: Background: State Statute 424a.04 mandates that the City Council annually appoint two trustees to the Columbia Heights Volunteer Firefighters Relief Association board of trustees. Under the Statute one of the trustees must be an elected official and the other can be an elected or appointed official. In the past the Mayor and City Manager have been the two trustees appointed to the board. Analysis /Conclusions: To maintain consistency, and to follow State Statute the Columbia Heights Volunteer Firefighters Relief Association is requesting the City Council to appoint the Mayor and City Manager to the board of trustees. RECOMMENDED MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2011. COUNCIL ACTION: 14 CITY COUNCIL LETTER Mccho2o[ January 24 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE ` APPROVAL: ITEM: Approve Raffle. Little VoyuL;cum` RY: Scott Nadeau ) B\': Montessori School, DATE: January |4,20| | DATE: Si. Timothy's Lutheran Church NO. BACKGIZ0ON0 The Little VnIuueurs` Montessori School, located in St. Tiinothy's Lutheran Church 825 51' Avenue Nt:. has SLIbmiUed a quest io conduct a rufllc on April 29, 2011 in that sontclocation. Ahuukuruuod check has heen eondueted on the Chief ExccutivcOfficer. Gina Cisneros. ANALYSIS/CONCLUSION Since the organization satislies the City Council resolution ret2arding one-time charitable tzonnh|ini2,unJ has paid the $25 permit lee. the Police Department has 10 0b1eLion (0 the recIuesl. RECOMMENDED MOTION Move to direct the City Manauer to [inward a letter to the State Charitable Gambling Control Board indicating that the City o[['o|unnbiu Ueiuh<ahos no objection to ral'lle event to be conducted by Little \/nyoQ,cur `K4on&esxohSchoo|akULllu/kv`a[ud)craoCburch.82j5l on April 29,2o} 1:uuJ[unheonore_1hol the City olCn|uoubiuHci2h$ hereby waives the remainder o[thc thirty-day notice to the local i2ovcrnioi. body. kao Attachment COUNCIL ACTION: 15 lininnsota I awful Garriblinc Appucation. iit. ea:tn. event. G AnpfiC for r" Pe-mt „,,,,_ 1 ..., -, . c„4. ., ,......,,, - ktt,. 1 atdoilcatior rostadall- c rt, ' exempt perrTut may be Isstret t..a. a nonprofit organzation that: before me eveini i iisfpi ii-f fflEi riffrii - aariativ,s. lay,/ft.. garntaiino on. frve or IE-piver days, and $100 1, $50 - a.r.a iess than Sfict T.TF,30 nit p"Ipt cuant2 2t oFtiendar year. 1:(7) iNFORIVIATiON i 1)i narne Pleviotis crarnblInct uep aura:der I 2 / <at i / - I Th pf ntonpaafit. ortTraP.', Cae: , dne. ',, 1 ' • • - noloda , ..r.-"t , .ianzaa a--.-.=-T , ,tryar na rdruainnaacoa i 1 1,,la.thng avpa-tfts ,1P..ity Statta :fir 1 ..:,t - ria, .1...tap , 1 "alaip .a.f Ja.a. '.. tiffiatal ' Daytirrfe phone luta tiaet E.rai, Puctrriaa, , '....', ' -; 1: O ; i . gT 2 7" f.tr,: P/:).. ` n ' I : Attach a copy of ONE of the hoiiovv:ng for proof of rio;rcorpfh PEtztps. Chezir. ono, . t ... - ;Ern nr.t. pttalz.h a tItEitttI Itta .aP.t.rnr,Dr. statt. or federai ID :ifyipifyips nuataT5 ,:s trie ttra not. prpot of t:c a,:atar.a. , ; ! Nonproft:..4rticies ot: inatpr Ciii7-i a ciftniarit Certcate of G.:,, Staatiinct 1L----: Dtda1 littttititt ttt ;tt:ttpy Th'it; - rhusf hie obtained eat ysar from !:' f FS income tat', exernpVion [E,C, 1cl' !.etter in your ot i;a1-P8. I T- jr a: COPy' Of yttttt..lt lederai incora-a t eptamta lett IlItitite ar: trtt'Itt7irt:tttettit`tt ca'r,tpu • , or2,n the ITTS a: .';.:7 1 I ---- I i RS - Affiliate. of nationat, z- ar imenTatiottal parent tIonprafit , ia,h,.EulaT i 1 - ir ',app.: orctaaraza;pon i'afts undat a parefa orc;an;zation. attach aopteE. or Doth_of pie folluvamt•,., ' I I a, FtS iett: auuoimg ydu parertt trd ys:- a nortnrrPfir SC,,T :-.;.! ort1a1iLatd -2 . 1 td la taa aridade or 1-: frdra : pnrent. orgarazalior reradunizing ycarr prr,,T,Pni:aatIon att; 7 tttlIttlIt''It'ite I t ' Li-- • iPf, - proof phifiviciusly submitted to Gambling ontr Board l' pi .tdiausly suomrttect proof D''' nconprofit status ft OtT, the I.PS no att.:pot:men', 'ttt ceqpired I — . — PR' '..!,',IFORIVIATIONI : , •. . . 11:,,,a,a,, t" datada. 'au -- affiaa iapard.a. ada :tap o', tt capaviu • • ,/ ' 7 i ' 'T.7.' II"tt.' tt''..r. Itt' pItttIettt '''''..t.t' ttIdt'ttittIt tttt't tip:, tt'iI ItIt II3Ctlytt trtittittittttI — . • I L Bit1QC.'; II Pf,..-jfies _ !,- iPull-Tabs F7 Tipboards' ' Garilbimn ecluiPnvar,l'a.a pll-tabs, bingo p:;it, tiobaardr., i Also complete !, 1 ptitAlt:nttlittQt.::!Itt rilt.15I tie ot%tined from a chsLributor liEertit:.1 La: t i C;Prabling Contadl 55 EYTTTEPTIC2P Bingo 11Pra. ::ardE, pdd blaga 11 2. ot tnts tortnt ! - ,....._ .... , I numpu; aa.r.P.:pration cievirar.,:a It Ittet bottrottttiect fror :.Z.Z...:tion i i potIturi.?,Erd ix:. ca!idurp. binDp. I Print Form 1 1 ..; 'lc. mu a lap.paPpd drptr1.)t.:;...c., r u.c,1 traaar and foal or Ei: . Reser 1. in 1 16 LS220 Appiicatio:t for Exempt Permit CA ''1 OF zst.) AL.NNOVvLtaJvtit 1 .. . ,. .:, . • o „ V the gamDung preaufFre's l's vef min ci:y iilllitS, i if the Ciarnbiinc: premises is I'D:gas:ea' in a :,..atefrosiffroa, a o: :oily officeli ul', check Ma actrauf ilia: the city is 1 aCifirlty officraf !TILLS; check tne acf itnat: fne :aff..o o. taf ire:, ! :aK;:lig Oa: fills appitcaroun uric; sign Thee applidaugi: 1 on this aefaiicauor and sign the appiloaisten, teiwnship official is dif, required tr.-, siun the applicaaum. i ''.,,, Tn.: unpiisation uf, nn. n1 viith roz: waitinc ri.n0d. I, Th& 3ppLiCatiOr Is: acknowledged witn no evaitnef period. I apraufatior re:: a;aa Aql a: ..;;; day :Nailing I Tile appli331;07; ;.. O1 P333; with a :la:, day des.htrstt. Steriad and ElliCAVS q l'Ogaria ife. raaaaE::, a 1 after 30 1 nenod anft ellaws toe Earn 1 „ - ens , upuirteitton q rier',ft, 't ThE ar:yrdIcEitior la came:: I a, feign: 339111 name: on,=, .ozons (..'t; il,f...ato ryi, 4-1/.. „..-,;,-.-<.,. 1. ,--)......, !..-7 - air :. I Signalalfaa. - ..)f COJIlly Of71'2..ilii ,:„,',..7,v1F c',. CiT aU:cial qeirefuoi uneftroador t , Y ,..i.'ro , f, Title i ff TOli'ill\l•Sitilli- Cal L;; a; aha. lavVictia i 3r o19. th tt,,, r, r: 9 , ..); - .:1 , Jw,c: ';!;:. ,, , ; . ..r , :::',1._. , iinq ; zictivi:y hAtftristtowta, iirshis i Itt Tf:ett feY ".":"aaraa;;; ;;;;;Vaazil, i 1.;:.. approve eto oerfy ar estafef ifAit fflaf.fifito fef a eti r unl Itu:Nreane„ ;;Iarar::::: 1 i - 1 I I .- .. Sigrlature 01 towrisiiso official ,stdefo ow:a:aging anqoacaudn 1 Tttie Date . 1 : ' S',- c.,.,.,;(71,-,-,/2:1e and aooNiraLe o no 1.,..r.="T - ,f :7 i;H:) ioofird:heteld f':•fitC; =eailliesq Id tits Elloara within 30 olEa. offf the afal;e f , •,Iii'i ,, ,, , officers sigf Date ,-- I Complete a separate application: tof each gernbing activity Fi.uaricial report, airof recorcikeepirly required t i - orefe day of gamtpirig :;.1.7;. A fin:am:jai report form arod mstriffoaons v/ill he Sel a,ti m•l- . dava: .. , 7.,a , ,T13linc", Ei I your 331/Ti,, of' use the onkue ql!-iiii four available, a1 , ofao: goy o , afire., clf oe neuo wvoy..: pet:: sliale ur- tie !ii thm ffei aa octi druff rat',,or: the fo reiffoe ila: , aa ti ..! Send :;:i v. ; Carnbh:::', Csg:ii '13331'd i - ',-,..: :,:,-;,,,,,',,- ry, ...,! :',';! :Iv :Icin st', ::',L.::::: ','. "['1,•[s[['," :[;[[0:[[1:2[1. ,,[.[ 'S [1`[[ [ [,1[Inii[;[[[[[[ , [.E. ' ''[.•,• [ •: ;:[[C[[ 7: - - • 1 • • : P••••[[••',::, '..':- [[ :['[[['[-[ '.., , [ , Print Ferfirrn 1 tffe.:sett , urn ; 1 _, tt:e iunatct woi 2- i9 to proqesst vt.. The: Taw- y:.,:ffl istt mach, a,:aaatalv al :-E ,l ,....., ,t , , , , , , j.,... y ,1... ...,,ii,n, rilOnna ;; ---- a ,;- --;;,-; •-• - Data privacy notice:The, mf:etntahott :teeth leaded : - . ' ,. '', , Pt . -1 .''' tru ' ( ..".0mrms,s!cmer. , 2 , of ,I lYirtmeseta ' :Alter race:vac tf.,y ht.e. boars'. e.II other arr, , ;:ta ,- ;' , cley:;;;; - ; w;I; Lv t.;;;'vea . Marla: E BL:ng. and 1-';'ever■ue - ' " ' ' " ''''' ' '" - - -` Irdarm 3/2 12 d wil da u preaaed 'l be pfloate ta , . tt., Ind ' ',d,:::;:rd NOCS IS rbli,Fild, ti Le;:;;Siallv, .e.raCatCr, ra,•:arana; anCi",trra;11;Dr.::,i1 CdEdS Bo arc; Issues the pertrht. Vtftlett the Bhard , ' .. ,.. . ;1,f:ten you c.:rgard:::::mon S 111 111 to ,, , , , garelttditl,g •e,5:u..eft.cior'y oefletnoiei.i aneoeve put,a,:dre ifisi,uee tile permh au nc: court or h terrefidec hy t voh ..0.-IttoTtett M d11 gain:At a:tr.:Ades tr, ' ' ' - T.:. elea fsthe! '2.212 11111" ant: 1 SCIEN:C.dES , ithf.t...taine publre It the Board cjr nv 1;:stie a ,,,,„,,, ,,,,,,,.. „,,,,,,,,,, r 'g' Y ' rc ' permit, all thitainatior provid.1.1r onvate. ' ''-''''' '',. ''''... --' ,.th , ,u„,,,.,,c,..„.3.0c.., v , at ou " r 0,,.,:„ , - l „,..,,,, , jrne nave adESEESS, ES, toe htforrna'oen. hIch,lettf.tits ants or iel ., ,.„....ippl...., 1121 j 9a,iress 2,,0 ,en,134, ,,;:,/ pr,,,,,,...e. actjettc!&E, tot vttrwati law of ifttf:th; avaer aatra;;;;;E:::?..E: ..C11:5 IITCOEflirnr. Ille Er;oar 11,3 no t- aiple tr; ' ' a; Ho',', UEE, dr ttnarntd at intarctalca, aCe - cidth EHE ' to Etoare memtinrs Board . . .:totoonhte yew ofgatht:4-1t2Dfl CE:130/SattE NV0E CTIS - - E - VialEs g r. lYe 313 31.9: frile 'Mil', ;('Cal;";..ya'aen ' Ds;', , ,,, , of',. , recittwes. aCceS,;: ta tilf..1; ana aa a comccalaat;ca. clay r; :c.; ISS;.;;;:. z - d - ft+ttttettt r..;arcatl ;' spdds. SSidESIE the hheafrhatfd: reaaieaaad 17 ii n . ,, ,.„. FiK. : 5,-. ice Gaararsferd 0,.. usbank.com 18 CITY COUNCIL LE1T2lt Meeting v[]onum)24,2U|| AGENDA SECTION: on � scm ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Authorization m Purchase Three Replacement BY: Scott Nadeau (°\'' BY: NO. Police Vehicles DATE January |4,20|| DATE: BACKGROUND As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable vehicle fleet, the Police Department requests authorization to purchase two Food Crown Victoria patrol vehicles. The purchase oft wo marked squad cars per year allows the department to keep the fleet in better working order, and aids in controlling costs on replacement parts. This also allows the marked squads to be rotated out of the police fleet alter four years of service and rotated into another department in the city. who in turn get a better operating vehicle for conventional uses. The Staie o1'N'iiinesota has awarded the eontracl 'or thc delivery oi lord police vebieles !'or 201 | to Elk River Ford. It shou!d be notec! that the 201 1 purchase priee is approximateiv 320 Iess per vehicle lhan the 2010 purchase price. The Police Department is also requesting to purchase a used (bupdoorycdan to use as an unmarked vehicle. This vehicle would replace unc|evcn-yeur-o|d Ford Taurus with 80,0O0 miles which is being recommended tbr replacement due to maintenance and reliability concerns. Purchasing a lower-mileage used vehicle iyu cost effective option for this purpose. The Police Department will obtain quotes from a minimum ot three auto dealers to ensure that the best value is achieved in the purchase 01 ihe used vehicle. Thc maximum arnount olthe expenditure will he $|5,000 which ia the amount budgeted iuthe Police Depar 201! Capital Equipment The Police Department is requesting to purchase the following vehicles: 2 - 2010 Ford Crown Victoria Police Interceptors $22_526.64 $45,05328 1 - uacdk/upJourxcdun for unmarked use. maximum expendiiure $15.000.00 TOTAL S60,053'28 The Police Department ix also requesting authorization 1.0 expend up to $ 1 4.501.) lor outtitiing and seUing up these vehicles for patrol and unmarked use. This amount includes the standard set-up as has been done in the past. plus the purchase o[necessary equipment for the squads including laptop computers. ticket printers and rada units. This is ihe amount that was budgeted in the Police Dcpartnient's 2011 Capital Equipment budget. ANALYSIS/CONCLUSION It is our recommendation io the Council that new marked patrol vehicles he ponchoaed, with a |o:/| purchase price to be $45.053.28 Asacox( moving measure. WC are leCOmmelldIflg the purchase ()la used [bur-door sedan for unmarked use. The purchase price for this vehicle is not to exceed $15.000. The Police Department is also requesting authorization to expend up to $ 14.500 for outfitting and setting up these vehicles. 19 Council Letter n Vehicle Purchase Meeting "Uaoua,y Page RECOMMENDED MOTIONS Move 1u authorize the purchase o(\vvo2011 Ford Crown Victoria Police Interceptor vehicles under the State o/ Minnesota bid, with funding /o come from 43\'42\00.5!5U the amount uC$45,05328and that the Mayor and City Mana2er are authorized to enter into a contract for same. Iliese vehicles will be used as marked patrol cars. Move to autliorizc the purchase oIone used four-door sedan for uycoson unmarked vehicle with funding to come hnnu 4]).42100.5150, in an amount not to exceed $15 and that the Mayor and City \1auu2crore authorized to enter into a contract for same. Move 10 uuthorize ehe Pol ice Chiet' 10 eX pend up to 14,300 10 set up and outlit |nomurkcdpu(ro|cym and one unmarked vehicle. km COUNCIL ACTION: 20 CITY COUNCIL LETTER Meeting of January 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: January 18, 2011 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Property Maintenance Codes has been resolved. RECOMMENDED MOTION: Move to issue a rental-housing license to Thomas Wasik to operate the rental property located at 999 41 Avenue N.E., Apt #320 in that the provisions of the Property Maintenance Code have been complied with. COUNCIL ACTION: 21 CITY COUNCIL LETTER Meeting ofJanuary 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: January 18, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 24, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 22 List 2010 Rental Licenses Copy of ��� �� Approve by u�s����"enoem�s�'ov/umu/a*e/ums.mw ss4u 10256 1255 LINCOLN TER NE Hoppa.Kovin F10642 134353vd Ave NE $ 150.00 100 Fridley, MN 55421 12167 4957 TYLER ST NE Johnson, Greg F12167 817 Plainview $ 150.00 1042 LaCrosse, WI 54603 20105 3807 PIERCE ST NE Dn/a.Anan F10728 12550 Zest St $15O.UO 100 Blaine, yWN5544Q 20164-NC4000HAYESSTNE 1042 Lyo�.Ooha F10559 150 2ND Street N.E. Unit #514 $ 150.00 Minneapolis, MN 55413 Total # of Licenses 4 0I/I8/20I1 12:44 Page 1 23 CITY COUNCIL LETTER Meeting of: January 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: January 19, 2011 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the January 24, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011. 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 January 24, 2011 as presented. COUNCIL ACTION: 24 TO CITY COUNCIL January 24, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG *Tim's Quality Plumbing 523 Central Ave, Osseo $60 James Walker Plumbing 17548 Freeport Way, Farmington $60 Barr Web Ind Inc 3530 E 28 St, Mpls $60 *River City Sheet Metal & P18290 Main St, Fridley $60 *Carlson - LaVine Inc 2965 Partridge Rd, Roseville $60 *Local Plumbers dba Plumbing Guys — Burnsville $60 Mile High Properties LLC 508 40 Ave, Col. Hts $60 Metro Testing 31222 Cedar Creek Rd, Hinckley $60 Centraire Htg & AC 2402 Washington AVE, Eden Pr $60 Appliance Connections 1313 Danita Cir, Shakopee $60 *St Paul Plumbing 640 Grand Ave, St Paul $60 *Western Tree 23712 150 St, Paynesville $60 Delson Plumbing 1308 42 V2 Ave, Col. Hts $60 *Schulties Plumbing 1521 94 Lane, Blaine $60 *Steinkraus Plumbing 112 E 5 th St, Chaska $60 *Silvernail Enterprises 6603 36 Ave N, Crystal $60 25 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 24,20|/ . 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 137716 through 137833 in the amount of $ 1,020,404.64 . 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Y i ,Y. ul\ Z Q I r1H(' N001Or-1 ONLOIl1H 0NHUIOr- I0'Lrlh H Z Z 1 Z H UH 000 00 Nd v� L L�r r d o0 00o f o mmmmm ; O O FCO W 41 1 rn rn d' d' d' LOWLO Loh co co co co co co H (0 CA 1 0 H CITY COUNCIL LETTER Meeting of January 24, 2011 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: January 18, 2011 DATE: N[}: 11-004 Revocation of the Iicense to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2011-004-221545 y\venucN.E. for faiture to meet the requirernents ofthe Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 20Y|-UO4there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2011-004 being a Resolution 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 license listed. COUNCIL ACTION: 33 RESOLUTION 2011 -004 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 Vivex Kamran (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 2215 45` Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article I V, 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 December 16, 2010 of an public hearing to be held on January 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 10, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 16, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 12, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall remove the brush pile in the yard 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10404 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 34 day of posting of this Order revoking the Iicense as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CAM City Clerk 35 CITY COUNCIL LETTER Meeting oyJunuury24,20l| AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: January 18, 2011 [)ATE: NO: 11-005 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2011-005 — 1700 Innsbruck Parkway for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011-005 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2011-005 being a resolution of the City Council of the City nf 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: 36 RESOLUTION 2011 -005 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 I1, of City Code, of the property owned by Mark Grotewold (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1700 Innsbruck Parkway, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, 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 January 5, 2011. 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 I. That on December 2, 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 January 5, 2011 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 January 11, 2011 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 tree branches that have come down in the back yard. 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 1700 Innsbruck Parkway 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. 37 ORDER OF COUNCIL 1. The property located at 1700 Innsbruck Parkway 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 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk. 38 CITY COUNCIL LETTER Meeting of: January 24, 2011 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution #201 1 -03- Contract For Sewer BY: BY: Scott Clark Availability Charge Time Payment DATE: January 20, 2011 Agreement —4040 Central Ave. Background Information: The owner of Jimmy's Pool Hall, 4040 Central Ave., has developed a new partnership and business model for the subject site. In 2010 it was determined that the success of this business was based on developing league play, and in order to accomplish this, a wine /beer license was necessary and was issued by the Council in December 2010. This license triggered the need for a restaurant with a seating capacity of 75 seats. This became problematic as this in turn, triggered the need, per the Building Code, that the building be sprinkled. In the end the building improvements, fixtures, etc. totaled almost $100,000, which has been completed. However, this cost did not include the payment for sewer availability charges (SAC), which totaled $26, 760. Part of the reason for this large amount is that both the new restaurant was calculated, and the entire gaming area, as this latter building space had never paid SAC fees. The issue at hand is that the renovation budget never factored in this large of a charge and the owner is seeking some type of remedy from the City. It is critical to note that remedy does not mean forgiveness of the obligation. City staff is recommending that the city front the payment, to the Metropolitan Council by the use of City -wide SAC credits, not a cash payment. An explanation of these credits (which is complicated) and policies for their use once capitalized, was discussed at the March 8. 2010 Council meeting with a responding resolution (both attached). Staff is making this recommendation, in part, due to the fact that the owner has committed and spent the dollars for the building renovation. The proposed remedy is for the owner to pay the obligation within a two - year time period as detailed in the attached Agreement. Effectively there are four parts to this 1) 10% down of the original principal owed 2) A $1,000 per month payment (principal paid over a two -year time period) and 3) A final payment that covers a deferred 2% interest charge. The fourth part is how the payments are secured. The SAC payment is being handled as a "local improvement" under the MSA 429 process, and as such, if non- payment occurs per the Agreement, the Council can specially assess the project. The City Attorney has reviewed the Agreement and remedies. Recommendation: Staff recommends the subject Agreement as written Recommended Motion: Move to waive the reading of Resolution #201 1 -03 there being ample copies for the public. Move to adopt Resolution #2011-03- Authorizing the City to Enter Into A Contract For Sewer Availability Charge Time Payment Agreement -4040 Central Avenue ". Attachments Resolution #2011 -03 City Council Action Letter March 8, 2010 and Resolution #2010 -12 Contract Agreement Dated January 25, 2011 Agreement of Assessment and Waiver of irregularity and Appeal COUNCIL ACTION: 39 RESOLUTION 2011 -3 BEING A RESOLUTION APPROVING THE CONTRACT FOR SEWER AVAILABILITY CHARGE TIME PAYMENT AGREEMENT FOR 4040 CENTRAL AVENUE NE WHEREAS, James Wetch Jr., owner of property at 4040 Central Ave. NE, has made significant renovations to an existing pool hall to convert a portion of the space to a restaurant, and WHEREAS, the owner has received notice from the Metropolitan Council that the sewer availability charges that must be paid for the operation of the facility totals $26,760.00, and WHEREAS, the owner is seeking from the City some form of temporary remedy, and WHEREAS, the City desires for this long standing business to be successful in their expansion, and WHEREAS, the owner has already invested a significant amount of proceeds into the business, and WHEREAS, the City has the ability to pay the entire sewer availability charges up -front with City -wide credits, resulting in no cash outlay, and WHEREAS, the owner of the property will enter into an Agreement, dated January 25, 2011, that will prescribe the process of repaying the City the $26,760.00, with 2% interest, over a two year time frame, and WHEREAS, the time payment is secured through the local improvement process, NOW, THEREFORE, BE IT RESOLVED The City Council authorizes the Mayor and City Manager to sign "Contract For Sewer Availability Charge Time Payment Agreement dated January 25, 2011. Approved this day of , 2011 Motion by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patty Muscovitz, CMC City Clerk 40 CONTRACT FOR SEWER AVAILABILITY CHARGE TIME PAYMENT AGREEMNT- 4040 CENTRAL AVENUE This Agreement, made on or as of the 25` day of January, 2011. by and between the City of Columbia Heights (the "City ") and James A. Wetch Jr. ( "Wetch" and "Owner "), the latter owner of Breaktime Billiards Inc. dba Jimmy's Pool Hall located at 4040 Central Ave., Columbia Heights, Minnesota. This Agreement is being entered into by the City based on the authority granted by City Council Resolution- 2011 -03. The overall purpose of this Agreement is to detail the sewer availability charge (SAC) payments, totaling $26, 760.00, based on 12 SAC units at $2,230, owed to the City by Wetch. The SAC unit determination was made by the Metropolitan Council based on recent improvements at the subject address and is detailed in the attached letter dated January 11, 2011. It is understood that the City has initially satisfied the Metropolitan Council's requirements for the SAC payments and that Wetch will reimburse the City for the total $26,760.00, including 2% interest, over a two -year time period. The conditions for these payments are as follows: 1) The principal amount owned to the City by Owner is $26, 760.00. 2) Upon entering into this Agreement Owner will pay the City 10% ($2,676.00) of the original principal, creating a new principal balance of $24,084.00. 3) The City requires 2% simple interest on the outstanding principal balance, with all interest deferred until final payment. 4) The principal will be substantially paid off over a two -year time period (24 payments) with monthly payments of $1,000.00. 5) Initial monthly payment will be March of 2011 ( Payment 1). 6) Monthly payments are due to the City by the 10` of each month. 7) Owner shall have until the 10 of the following month to make any delinquent payments, in addition to the current monthly payment due. Any delinquency shall give the City the option to initiate the assessment remedy as detailed in this Agreement. 8) Owner will make a final payment (Payment 25) that will include any remaining principal amount in addition to interest as stated in item #3. Security To ensure that the entirety of the principal is paid, the City retains the right to commence and place a special assessment against the subject property, as a local improvement as defined in MSA Chapter 429.021. The placement of a special assessment shall be the City's remedy for non - payment, as described within this Agreement. The time duration of the assessment is at the sole discretion of the Council. As a condition of this Agreement, Owner shall enter into an "Agreement of Assessment and Waiver of irregularity and Appeal," as attached and dated January 25, 2011. 41 The City of Columbia Heights Signed: Signed: City Manage Signed: Mayor As Witnessed by: STATE OF MINNESOTA COUNTY OfANOKA The foregoing instrurnent was acknow!edged before me this day of 20ll. Notary Public Term Expiring: 42 Agreement of Assessment and Waiver of Irregularity and Appeal THIS AGREEMENT, is made this 25 day of January, 2011, between the City of Columbia Heights, State of Minnesota, hereafter referred to as the City, and James A. Wetch, Jr., sole owner of property at 4040 Central Ave NE (herein referred to as Owner). Property is commonly referred to as Breaktime Billiards Inc. dba Jimmy's Pool Hall. In consideration of the action of the City Council, at the owner's request, has caused the City to pay immediately the Metropolitan Council $26,760 for payment of sewer availability charges. In turn, the Owner will reimburse the City for the entire aforementioned payment amount over a two -year time period. Authorization by the City to enter into this arrangement has been established by City Council Resolution -2011- and by an Agreement, dated January 25, 2011, entitled, "Contract for Sewer Availability Charge Time Payment Agreement- 4040 Central Avenue ". The security for non - payment of the aforementioned Agreement is the ability of the City to specially assess the property as a local improvement, as defined in MSA 429.02 i . Owner herby agrees to pay any future assessment, as established by the City Council, as reimbursement for any principle and /or interest not paid pursuant to the January 25, 2011 Agreement. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. In testimony, whereof, James A. Wetch, Jr, has hereunto set his hand, the day and year first above written. Signed: Date: James Wetch STATE OF MINNESOTA COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of 2011. Notary Public Term Expiring: 43 CITY COUNCIL LETTER MEETING OF: MARCH 8, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION 2010 -12 DESIGNATE BY: JOSEPH KLOIBER BY: THE USE OF SEWER ACCESS CREDITS RECEIVED UNDER THE METROPOLITAN DATE: FEBRUARY 17, 2010 COUNCIL'S SEWER ACCESS CHARGE POLICY The Metropolitan Council (MCES) provides sanitary sewer disposal for metro area cities. MCES charges cities a connection or sewer access charge (SAC), based on the level of usage, for each new property connection to the sanitary sewer system. Cities, in turn, pass this charge through to the developer. The MCES procedure manual explicitly prescribes most aspects of this activity in great detail. Some limited aspects of this activity are at the Cities' discretion. Up to the present, City staff has administered the discretionary aspects of this activity using informal policy consistent with past practice in Columbia Heights and consistent with cities generally. However, with the increase in redevelopment within the City in recent years, this area has become financially more significant than in the past. Therefore at this time, staff recommends that the City Council establish a formal policy for certain aspects of this activity, in the form of the attached resolution. The issues to be covered by the formal policy arise when an existing sewer connection is demolished. In these cases, MCES grants the City a SAC "credit" for the previous connection. This non -cash credit can only be applied towards SAC fees. Typically, it is applied towards the new connection fee at the same site upon redevelopment, and the new developer is not charged a SAC fee to replace the connection that was previously there. Prior to 2010, if the level of new sewer use at a redeveloped site was less intensive than, the prior sewer use, a surplus or "net" SAC credit for reduction in use was granted to the City by MCES. In other words, the value of the portion of the prior use that the new developer had no way to use, fell to the City. Under MCES policy, the City is able to convert these net credits to cash, by applying them to the City's account with MCES when other projects with an increase in use occur, and at the same time, charging the developers of such other projects SAC fees for their increased use, since those other projects have no relationship to the first project. If this sounds overly complicated and unwieldy to you, you are not alone. MCES has just changed this policy. Effective January 1, 2010, if a property's new sewer use is less intensive than its prior use, MCES will only grant SAC credits up to the level of the new use. No surplus or net SAC credits will be issued. Under the new MCES policy, the City is allowed to continue to use net credits it received prior to 2010, until they are exhausted. The major sources of SAC credit from redevelopment in the City were the following demolitions occurring between approximately 2003 and 2008: • The former Kmart and Arby's • The former Apache theatre • The former industrial park area 44 • The former NEI school building Many of the SAC credits from these sites were applied to the redevelopments at the given sites. As mentioned above, this has the effect of not charging the developer to replace a pre - existing connection. The City currently has remaining obligations to provide two developers with such replacement credits, pending completion of certain phases of those developments. A current accounting of those obligations and the net SAC credits not obligated is as follows: SAC Credits Converted to Cash But Obli•ated to Developers Former K.mart and Arby's Site $27,150 Fortner Industrial Park Site $39,500 SAC Credits Converted to Cash, With No Obligation Total $119,700 SAC Credits Not Yet Converted to Cash, With No Obligation 69 credits, current value $2,100 each $144,900 MCES' written policy does not restrict the City's use of the unobligated cash generated by SAC credits to any specific purpose. However, from a planning perspective, it is generally advisable to keep the expenditure of fiords reasonably connected to the activity that generated them. City staff judges that it would be prudent to designate the use of these funds for improvements to the City's sewer system that are required for redevelopment. Generally, this will be for increases in system capacity to handle additional use from redevelopment. City staff also recommends that, in the event that new or increased sewer connections are required at City facilities, the related SAC fees be paid using non -cash SAC credits, to the extent available at that time. The policy language recommended by staff to address the above issues is contained in the attached resolution. For information on other aspects of the MCES SAC activity, you may contact the Community Development Department. Note that the City also has adopted a City SAC fee in recent years. This is separate from and in addition to the MCES SAC fee. Information on the City SAC fee can be obtained from the Public Works Department. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2010 -12 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2010 -12 being a resolution to designate the use of sewer access credits received under the Metropolitan Council's sewer access charge policy. JPI{ CouncilLetter Rcs2010_12_SACcredits.doc Attachment COUNCIL ACTION: 45 RESOLUTION NO. 2010 -12 DESIGNATE THE USE OF SEWER ACCESS CREDITS RECEIVED UNDER THE METROPOLITAN COUNCIL'S SEWER ACCESS CHARGE POLICY WHEREAS, for purposes of the sewer access charge (SAC) imposed by the Metropolitan Council, the City of Columbia Heights acts as a fiscal agent between the Metropolitan Council's Environmental Services division (MCES) and redevelopment projects within the City; and WHEREAS, under the SAC policies of MCES, credit for a sanitary sewer connection demolished within the City can, in certain cases, be utilized by the developer of a subsequent project at the same site; and WHEREAS, under the SAC policies of MCES, credit for a sanitary sewer connection demolished within the City cannot, in certain cases, be utilized by a developer of a subsequent project at the same site, and instead the economic benefit of that credit falls to the City; and WHEREAS, due to in increase in redevelopment within the City in recent years, the total economic benefits of such SAC credits within the City have grown in significance compared to prior periods; and WI-IEREAS, in view of these facts, the City Council finds it desirable to establish a formal policy for the aspects of these SAC credits that are under the control of the City, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the City of Columbia Heights designates such SAC credits and any resulting revenues for the following uses: 1. As a general practice, SAC credits generated at a given site will be made available for redevelopment project(s) at the same site, to the extent they can be utilized by the redevelopment. However, this is not a binding commitment on the part of the City to any future redevelopment or developer. Any such SAC credit is subject to all of same negotiations and approvals as any other element of a development agreement. In no case will the SAC credits be made available to a developer for a period of time beyond which they expire under MCES policies. 2. SAC credits that have been converted to cash, with no associated obligation, are designated for improvements to the City's sewer system as required for redevelopment. 3. In the event that a new or increased sanitary sewer use is required for a City facility, to the extent that unobligated non -cash SAC credits are available, they should be applied to the SAC imposed by MCES on that City use. Passed this 8th day of March, 2010 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC 46 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 24, 2011 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2nd Reading of Ordinance 1587, being BY: Sheila Cartney BY: an ordnance to convey certain real estate DATE: January 18, 2011 BACKGROUND: On April 29, 2009 the EDA approved a "Scattered Site Housing Program" in which the EDA buys mostly foreclosed houses in the city for purpose of Demolition. On August 19, 2009 the EDA adopted Resolution 2009- 25, authorizing the City of Columbia Heights to negotiate purchase agreements for certain properties located within the Downtown CDB Redevelopment Project (Scattered Site houses). The EDA passed this resolution due to timing of the purchases, the City Council met more frequently to approve the purchases. At a later date the City would do a quitclaim deed back to the EDA. Ordinance 1587 conveys the Scattered Site houses back to the EDA. The City Charter requires land transactions be done in the form of an Ordinance Amendment. The first reading was held on January 10, 2011. RECOMMENDATION: Staff recommends approving Ordinance 1587. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1587, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1587, being an ordinance conveying certain real estate located at 3853 3 Street, 4039 5 Street, 4421 5 Street, 4110 6 Street, 4147 7tn Street, 1307 Circle Terrace Blvd, 4631 Pierce Street, 4600 Polk Street, 4606 Polk Street, 4636 Polk Street, 4648 Polk Street, 4448 Quincy Street, 4303 Reservoir Blvd, 3842 Tyler Street, 3846 Tyler Street, 4235 Washington Street, and 4502 Washington Street. Attachments: Draft Ordinance 1587. EDA letter, EDA Resolution 2009 -25 COUNCIL ACTION : 47 ORDINANCE NO. 1587 BEING AN ORDINANCE CONVEYING CERTAIN REAL ESTATE LOCATED AT 3853 3` Street, 4039 5 Street, 4421 5 Street, 4110 6 Street, 4147 7 Street, 1307 Circle Terrace Blvd, 4631 Pierce Street, 4600 Polk Street, 4606 Polk Street, 4636 Polk Street, 4648 Polk Street, 4448 Quincy Street, 4303 Reservoir Blvd, 3842 Tyler Street, 3846 Tyler Street, 4235 Washington Street, and 4502 Washington Street. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3853 3rd Street: Lots 10 and 11. Rearrangement of Block "E ", Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, Except that part of Lot 11, Rearrangement of Block "E" Columbia Heights Annex to Minneapolis, described as follows: Beginning at point of intersection of the West line of State Highway 56 as now laid out and constructed, said point being 351.1 feet Northeasterly along the Northwesterly line, Lot 11, Rearrangement of Block E, Columbia Heights Annex from the most Westerly corner thereof then South along West line of said highway right of way, a distance of 85 feet then West at right angles a distance 90 feet thence North at right angles to the North Westerly line of said Lot 11 thence Northeast along the said Northwesterly line of Lot 11, a distance of 99.1 feet more or less to the point of beginning. Also except that part of Lot 11, Rearrangement of Block "E ". Columbia Heights Annex to Minneapolis, described as follows: Commencing at the point of intersection of the West line of State Highway No. 56, as now laid out and constructed, said point being 351.1 feet Northeasterly along the Northwesterly line of said Lot 11, from the most Westerly corner thereof, thence South along the West line of said Highway right of way a distance of 85 feet, thence West at right angles a distance of 90 feet to the actual point of beginning of the tract to be hereby described; thence continuing West on last mentioned line a distance of 94.24 feet, more or less to its intersection with the Northwesterly line of said Lot 11; thence Northeasterly along the Northwesterly line of said Lot 11 to its intersection with a line drawn North from the actual point of beginning, said line being at right angles to the South line of said tract, thence South along last mentioned line to the actual point of beginning. Also except that part of Lot 11, Rearrangement of Block "E", Columbia Heights Annex to Minneapolis, described as follows: Beginning at a point on the Northwesterly lot line of said Lot 11, Rearrangement of Block "E ", Columbia Heights Annex to Minneapolis, distant 177.9 feet Northeasterly, as measured along the Northwesterly line of said Lot 11, from the most Westerly corner of said Lot 11; thence Southwesterly a distance of 165 feet more or less, to a point on the Southwesterly line of said Lot 11, which point is distant 117.3 feet Southeasterly as measured along said Southwesterly lot line, from the most Westerly corner thereof; thence Northwesterly along said Southwesterly lot line to the most Westerly corner of said Lot 11; thence Northeasterly along said Northwesterly line of said Lot 11, a distance of 177.9 feet to the point of beginning. Also except that part of Lots 10 and 11, Rearrangement of Blocks "E" Columbia Heights Annex to Minneapolis which lies Easterly of a line run parallel with a distant 119 feet Westerly of the following described line: 48 Beginning at a point on the North line of Section 35, Township 30, Range 24, distant 1270.16 feet East of the Northwest corner thereof; thence run southerly at an angle of 90 degrees 18' 30" with said North Section line (when measured from the West to South) for 734.8 feet; thence deflect to the right at an angle of 2 degrees 30' for 458.51 feet; thence deflect to the left at an angle of 2 degrees 30' for 1606.56 feet; thence deflect to the left at an angle of 4 degrees 17' 45" for 572.61 feet; thence deflect to the right at an angle of 2 degrees 00'; for 689.93 feet; thence deflect to the right on a 0 degrees 30'; curve (delta angle 2 degrees 00') for 400 feet and there terminating. AND 4039 5 Lot 25, Block 52, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4421 5 Lot 21, Block 18, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4110 6 Lot 13, Block 47, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4147 7 The south 30 feet of Lot 22, Block 45, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 1307 and 1309 Circle Terrace Blvd: That part of Lot 9, Block 1, lying East of the West line of Lot 43, Block 4, Reservoir Hills, Columbia Heights, Anoka County, Minnesota all in Circle Terrace 2nd Addition, together with an easement for driveway purposes over the southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2 Addition, Anoka County, Minnesota. That part of Lot 9, Block 1, Circle Terrace 2 Addition which lies in Lots 41 and 42, Block 4, Reservoir Hills, together with an easement for driveway purposes over the Southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2 Addition, Anoka County, Minnesota. AND 4631 Pierce: Lot 4, Block 1, Parkview Terrace, according to the plat on file in the office of the Registar of Titles, Anoka County, Minnesota. AND 4600 Polk: Lot 14, except the North 30 feet thereof, and Lot 15, Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota. AND 4606 Polk: Lot 13, except the North half and the North 30 feet of Lot 14, Block 2, Sheffield's Second Subdivision, all according to the plat thereof on file in the office of the Registar of Titles of said County. AND 4636 Polk: Lot 5, except the North 35 feet thereof, all of Lot 6, and the North One -half of Lot 7, in Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota, according to the recorded plat thereof on file and of record in the office of Registar of Titles, Anoka County, Minnesota. 49 AND 4448 Quincy: Lot 3, Block 12, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4303 Reservoir Blvd: Lot 4, Block 4, Auditor's Subdivision of Walton's Second Subdivision ofReservoir Hilis, Anoka County, Minnesota. AND 3842 Tyler: Lot 7, Block 4, Waltons l Subdivision n[ Reservoir Hills, Anoka County, Minnesota. AND 3846 Tyler: Lot 6, Block 4, Waltons |» Subdivision of Reservoir Hills, according to the recorded plat thereof, Anoka County, Minnesota. AND 4235 Washington: The North lO feet nf Lot 23, and all of Lot 24, Block 3/,Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4502 Washington: Lot 14, Block 4, Gillette's Annex to Coiumbia Heights. Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuatethe conveyance ofsaid real estate. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 10, 2011 Second Reading: January 24, 2011 Date ofPassage: Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 50 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: August 25, 2009 AGENDA SECTION: Consent ORIGINATING EXECUTIVE NO: 3 DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Resolution 2009-25 authorizing city to BY: Sheila Cartney BY: enter into purchase agreements for the scattered DATE: August 19, 2009 side program DBACKGROIJND: On April 28, 2009 the EDA approved a "Scattered Site Housing Program" in which the EDA buys mostly foreclosed houses in the city for purpose ofdemolition. As discussed previously staff suggested the City enter into purchase agreements and purchase homes on behalf of the EDA, and then do a quitclaim deed back to the EDA. Because time is of the essence in negotiating these purchases it is advantageous to have the City enter into these agreements due to their more frequent meetings. RECOMMENDATION: Staff recommends approval of the resolution as approved RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2009-25, there being ample copies available to the public. Motion: Move to adopt Resolution 2009-25, delegating to the City of Columbia Heights authorization to negotiate purchase agreements for certain properties located within the Downtown CDB Redevelopment Project. Attachments: Resolution 2009-25 EDA ACIZON: 51 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2009-25 RESOLUTION DELEGATING TO THE CITY OF COLUMBIA HEIGHTS AUTHORIZATION TO NEGOTIATE PURCHASE AGREEMENTS FOR CERTAIN PROPERTIES LOCATED WITHIN THE DOWNTOWN CBD REDEVELOPMENT PROJECT RECITALS Section 1. 1.01. The Authority administers the Downtown CBD Redevelopment Project (the "Project ") within the City of Columbia Heights, Minnesota (the "City "), which Project was established pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act "). 1.02. The Authority has undertaken a program to acquire homes located in the Project to address foreclosure problems and remediate and prevent the emergence of blight (the "Scattered Site Housing Program "). 1.03. The City, as a "state public body" under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the Authority has determined to request that the City assist with such acquisitions by negotiating with sellers and entering into purchase agreements (the "Purchase Agreements ") on behalf of the Authority. Section 2. Approvals. 2.01. The Authority hereby requests the City, using its powers as a "state public body" under the HRA Act, to negotiate Purchase Agreements for properties located in the Project that are consistent with the criteria for the Scattered Site Housing Program, as approved by the Authority on April 28, 2009. 2.02. The City Council of the City is authorized and directed to approve and enter into Purchase Agreements, provided that the City's rights in each Purchase Agreement shall be assigned to the Authority. 2.03. The Board hereby accepts and approves each Purchase Agreement entered into by the City and assigned to the Authority, provided that the Purchase Agreements are consistent with the criteria for the Scattered Site Housing Program. Passed this 25"' day of August 2009 Offered by: Diehm Second by: Szurek Roll Call: All ayes ATTEST: President, Gary L. Peterson Secretary, Shelley Hanson 1 52