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Home My WebLink About02/14/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40'" Avenue NE, Columbia Heights, VIN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.cicolumbia- heiphts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt Citv Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 14, 2011 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. (1DD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Senior Pastor Ruth Hograbe, United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation: Library - Reading Education Assistance Dogs p6 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 24, 2011 City Council meeting MOTION: Move to approve the minutes of the January 24, 2011 City Council meeting. p7 B. Accept minutes of the Boards and Commissions MOTION: Move to accept the minutes of the November 17, 2010 Park and Recreation p16 Commission meeting. MOTION: Move to accept the minutes of the January 5, 2011 Library Board meeting. p20 MOTION: Move to accept the minutes of the December 6, 2010 Traffic Commission meeting. C. Establish the Local Board of Appeal and Equalization for Monday, April 11, 2011 at 6:00 p.m. MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for p24 Monday, April 11, 2011, at 6:00 p.m. in the City Council Chambers. D. Request for Four -Way Stop Signs on 7th Street and 41st Avenue p25 MOTION: Move to deny installation of four -way stop signs on 7th Street and 41st Avenue 3 City Council Agenda Monday, February 14, 2011 Page 2 of 3 based on a recommendation of the Traffic Commission. ALTERNATE MOTION: Move to authorize installation of "Yield" signs on 7th Street and 41st Avenue, yielding traffic on 7th Street, based on the configuration of the intersection and the amount of pedestrian traffic generated by the nearby mosque and church. ALTERNATE MOTION: Move to designate "No Parking" for 20' from the intersection on the approach lanes for 7th Street and 41st Avenue. E. Approve Gambling Permits, Immaculate Conception Church Bingo Event on April 2, 2011 and Fun Fest on July 29, 30 and 31, 2011 p37 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 gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held April 2, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 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 gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull -tabs at their Fun Fest event being held July 29, 30 and 31, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty- day notice to the local governing body. F. Approve Public Works Blanket Orders for 2011 Purchases p50 MOTION: Move approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2011 budget amounts for: De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract, Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement, Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or Bituminous Roadways or C.S. McCrossan, and Curb stop and service repairs, for delinquent accounts and foreclosed properties. G. Authorization to Seek Bids for the 2011 Miscellaneous Concrete Replacement and Installation Project p51 MOTION: Move to authorize staff to seek bids for the 2011 Miscellaneous Concrete Replacement and Installation Project. H. Authorization to Seek Bids for 2011 Sanitary Sewer Pipe Lining Project p52 MOTION: Move to authorize staff to seek bids for the 2011 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. I. Approve Change Order No. 2 and Authorize Final Payment for 2010 Street Rehabilitation — p54 Zone 5, Project No. 1002 Motion: Move to authorize Contract Change Order No. 2 for additional work added to the contract by the City to North Valley, Inc in the amount of $30,307.90 with funding from the appropriate funds. 4 City Council Agenda Monday, February 14, 2011 Page 3 of 3 Motion: Move to accept the work for 2010 Street Rehabilitation, Zone 5, City Project No. 1002 and authorize final payment of $71,503.27 to North Valley, Inc. of Nowthen, Minnesota. J. Approval of the attached list of rental housing licenses. p59 MOTION: Move to approve the items listed for rental housing license applications for February 14, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications p61 MOTION: Move to approve the items as listed on the business license agenda for February 14, 2011 as presented. L. Approve payment of the bills p63 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137834 through 138093 in the amount of $2,895,343.45. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS - none 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading of Ordinance 1588, being a Zoning Amendment as it Relates to Driveways. p74 MOTION: Move to waive the reading of Ordinance No. 1588, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1588, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to driveways within the City of Columbia Heights. B. Bid Considerations - none C. New Business and Reports - none 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 c.. Walter R. Fehst, City Manager WF /pvm 5 PROCLA.MATION IN RECOGNITION OF Rea din8 Education Assistance Dos (READ) DOGS WHEREAS: the freedom to read is fundamental to democracy; and WHEHAS: the ability to read is essential to a child's future success; and WHEREAS: one of life's 6reatest and least expensive pleasures is escapin6 through the pages of a library book; and WHEREAS: a dog, can be a child's best friend who asks no questions and does not criticize; and WHEREAS: READ Do 6s are internationall known and reco6nized for a program dedicated to improvin6 literacy skills through the assistance of therapy dos; and WHEREAS: READ Do65 provide a special time for a child to read in a fun, positive environment in which learnin6 is facilitated; and WHEREAS: the Columbia Heights Public Library strives to facilitate community involvement in helpin6 young readers to improve literacy skills and to ensure his/her future success within the communit-y; and WHEREAS: the Columbia Heights Public Librar and READ. Do65 have partnered for three - y ears to improve the literac levels of children in Columbia Hei6hts; and WHEREAS: Sevent y-nine children in Columbia. Heights have benefited from the partnership. NOW, THEREFORE, BE IT RESOLVED that I, Gary L Peterson, Ma of the City of Columbia Hei6hts, proclaim February 2011 as Love My Library Month and also proclaim February 14,2011 as R.E.AD Do6s reco6nition day. Garij L Peterson Maijor of the Cal) of Columbia Heights 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JANUARY 24, 2011 The following are the minutes for the regular meeting of the City Council 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. Mayor Peterson stated that the new broadcast /recording equipment is now up and running. He indicated that hearing assistance devices now available for use in the City Council Chambers. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Excused Absence: Council member Williams Walt Fehst, City Manager, gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2011 -004, rental license revocation at 2215 45th Avenue N.E. in that the property has been brought into compliance. Nawrocki questioned why the second reading of the ordinances for driveways and fences was not on the agenda. Fehst stated these items needed to be delayed. Nawrocki indicated that they should have been on the agenda and removed at the meeting. Nawrocki stated that the agenda should have old and new business categories. Nawrocki stated he would request information on Cable Channels 16 and 19, parks budget, Murzyn Hall rate comparisons with other facilities, coffee fund, complaint from resident that slipped on the LaBelle basketball court, posting the highest salaries, contracted building cleaners versus using employees, no handicap accessibility at the Public Safety Center meeting room, the news articles on 1000 Peters Place, annual financial statement, and the Xcel rate increase. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA Nawrocki requested to remove item D for discussion. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the January 10, 2011 City Council meeting. Motion 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 Association Board of Trustees for 2011. Motion 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 Motion 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 7 City Council Minutes Monday, January 24, 2011 Page 2 of 9 hereby waives the remainder of the thirty -day notice to the local governing body. D. Authorization to Purchase Three Replacement Police Vehicles - removed E. Approve reissuance of rental license for 999 41st Avenue, Apt. #320 as Property Maintenance Code issues have been resolved. Motion 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. Motion 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 Motion to approve the Business License agenda for January 24, 2011 as presented. H. 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 137716 through 137833 in the amount of $1,020,404.64. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of item D. Upon vote: All ayes. Motion carried. D. Authorization to Purchase Three Replacement Police Vehicles Nawrocki stated that these were in the budget for $60,000, but he was hoping to hold items back from the budget. We don't get property tax money until the middle of the year and should look to cut expenses by only purchasing one new and one used vehicle. Police Chief Nadeau stated that we keep our squads for four years, which is their serviceable life. We do a good job maintaining them and give them to other city departments when they are not suitable for patrol work. We cycle and replace two vehicles a year. We also request a used vehicle, to use as an unmarked car, with less than 10,000 miles, being either a rental or demo car. Used vehicles that we have purchased have served our needs in the past. We do this to guard city finances. The current vehicle was recommended for replacement by the shop mechanic. Nawrocki questioned the mileage on current patrol cars. Nadeau estimated 50,000 to 60,000 miles and pointed out that the vehicles have been run 12 to 24 hours a day. Nawrocki questioned buying Crown Victoria's because of their higher price. Nadeau stated this is the last year of the Crown Victoria and he described the upcoming vehicles. Nawrocki and Nadeau discussed types and durability of different vehicles. Peterson stated replacements help us keep up a good solid fleet of police vehicles. Diehm asked the Chief if we enter even tougher budget times, at mid year would you look back and regret this. Nadeau stated he would not suggest this area for a budget cut; it is a safety factor. Keeping cars for 11 years and 80,000 miles shows that we maintain vehicles as long as possible. Fehst stated that the used vehicles are passed down to the Public Works Department for an additional three to four years of use. He suggested Nawrocki visit the site to see what all is required of these vehicles. Diehm stated it was important for her to hear from the Chief on the issue of safety, as we are all concerned about what cuts we might face, but she does not feel this is something we can compromise one She stated confidence in the Chief's direction. 8 City Council Minutes Monday, January 24, 2011 Page 3 of 9 Motion by Diehm, second by Schmitt, 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 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 to amend by Nawrocki to buy only one new car police vehicle; not two. Peterson called for a second. Motion died for lack of a second. Upon vote of the original motion: Schmitt, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 3 ayes — 1 abstention. Motion carried. Diehm stated that we owe it to our community that our Police and Fire Departments are the best they can be. Motion by Diehm, second by Schmitt, 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. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 3 ayes - 1 abstention. Motion by Diehm, second by Schmitt, to authorize the Police Chief to expend up to $14,500 to set up and outfit two marked patrol cars and one unmarked vehicle. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -004, being a Resolution approving rental license revocation at 2215 45th Avenue N.E. - removed B. Adopt Resolution 2011 -005, 1700 Innsbruck Parkway being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gorman stated this is a vacant, foreclosed home where a tree fell in the yard and over the fence on to Kordiak Park. Motion by Diehm, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2011 -005 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Schmitt, 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. Nawrocki referred to the recent newspaper articles on 1000 Peters Place. It seems the normal procedures do not work at this address. Gorman stated there are other properties with the same owners and they play around the rules there also. It is frustrating on our part. These owners were up for revocation three to four times a year and at the last minute they come in and make the minimum repairs. We have inspections on the February 7 work session to discuss how things can be changed. They are not the only owners that do this. Nawrocki asked, with this type of history, if they should get less time to make corrections. Gorman referred to numerous return trips to deal with issues such as bugs. Gorman stated that our strict policy has been put in place because of the small number of bad rental owners and we don't want to punish the good rental owners for other's errors. He 9 City Council Minutes Monday, January 24, 2011 Page 4 of 9 referred to time extensions for large projects. Peterson agreed to address this at a work session. He stated that 47 landlords attended the last landlord's meeting held at the Police Department. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2011 -03, being a Resolution for authorization to enter into a Time Payment Agreement with James Wetch Scott Clark, Community Development Director, stated that James Wetch of Jimmy's Pool Hall came forward to improve his business and obtained a liquor license. The liquor license triggered the need for a 75 seat facility and sprinkler improvements. They added $100,000 in renovations. The Sewer Availability Charge (SAC) from the Metropolitan Council, done at the end of the process, was $26,760 or 12 SAC units. The partners asked staff if there was help available. This recommendation does not mean the forgiveness of the obligation and allows use of the city wide SAC credits, which would be a non -cash outlay. Those payments would be secured. We use our SAC credits for future sewer related work. This is a two year agreement to give city SAC credits in exchange for cash to the Met Council. There are four parts to the agreement 1) ten percent 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 two percent 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 special assess the project. This business has been here 12 years and this is our attempt to assist them. Motion by Diehm, second by Schmitt to waive the reading of Resolution 201 1 -03, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt 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. Diehm credited staff for their creativity to help us do what we can to assist our local businesses in an alternative way. She thanks staff and the business owners for working together to benefit the City and the business. Nawrocki questioned why the SAC charges were not discussed at the time of restaurant licensing. Clark stated the SAC is a cost relative to the improvements. Clark explained the renovation process for this business. Diehm indicated that the Met Council reviews the SAC and WAC charges and we may not have been made aware of it. Nawrocki questioned why this was not done for the Koopie property when she had a potential renter that gave up after finding out about the SAC charge. Peterson agreed with Diehm's remark that staff did an excellent job finding a solution to assist the business. They have been good businessmen in our community. Nawrocki asked what the city SAC charge is. Clark referred to the city's SAC credits. Upon vote: All ayes. Motion carried. 2. Second Reading of Ordinance 1587, being an amendment to convey certain real estate Motion by Diehm, second by Schmitt, to waive the reading of Ordinance 1587, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 10 City Council Minutes Monday, January 24, 2011 Page 5 of 9 Motion by Diehm, second by Schmitt, 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. Nawrocki asked how much property tax has been lost by the city purchasing these properties. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki stated he attended the North Metro Chamber meeting, with Legislators present. They indicated there will be more hits on local government aid. He referred to the increase in the Xcel utility bill of about 7.5 percent. The Suburban Rate Authority (SRA) works toward cost reductions. He stated that we dropped out of the SRA a couple of years ago, and felt we should consider returning. They have obtained great savings for us and this is about the only way we can have a say on the increases and rates charged. Peterson indicated this should be discussed at a work session. Nawrocki indicated that according to the final financial report the general fund received about $1 million less than budgeted. Fortunately, expenditures were down about $1 million for the year. This indicates there is room for reductions in 2011. We increased the levy about four percent and increased expenditures over the amount that will be collected by $500,000. We should take another look at the budget and find ways to cut down. Also, liquor revenues were down; there is a difference of revenues and expenditures of $200,000. Fehst stated that gross revenues are greater than at any time in our history. Fehst asked that Council member Nawrocki speak to the Finance Director on this. Diehm suggested that the Liquor Manager give a presentation to the Council to help us understand the liquor finances. Fehst stated that would also be a good time to discuss the time limit on electronic signs, as this affects the liquor stores. Diehm referred to the bill (House File 52) introduced regarding variances. Since last summer it is almost impossible to grant a variance and to define a hardship. Peterson, Diehm, and Nawrocki donated to the coffee fund. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki again questioned what rates facilities competing with Murzyn Hall are currently charging. Nawrocki stated that a resident confronted him stating that the City removes snow from the LaBelle Park basketball court but did not put sand down and he fell. Nawrocki questioned if we plow the basketball court? Fehst stated that he did not believe so and we should not. Fehst reminded residents that they can attend the open gym at the Highlander. Peterson stated that we do not provide winter basketball courts. Nawrocki questioned the cost difference between using contract building cleaners versus part time employees. Fehst stated that the costs were analyzed and it was determined to use part time help with a full time building maintenance supervisor. Nawrocki stated it is a statutory requirement to put the three highest salaries on our web site. Fehst stated that information is on the home page of our web site. Nawrocki indicated that the meeting room at the Public Safety building is not handicap accessible. Peterson stated that the elevators will now be activated for all public meetings. 1 1 City Council Minutes Monday, January 24, 201 1 Page 6 of 9 Nawrocki stated that Cable Channel 16 is now on the air. He questioned the readability of some agenda items. Patty Muscovitz, City Clerk, stated the system is new to staff as of last Thursday and we are still in the learning stages. Nawrocki questioned the cost to show the weather report. Muscovitz stated there was no cost to show the weather screen. Nawrocki indicated his feeling that the City channel and Library channel should have been put together. Report of the City Attorney — nothing to report CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, spoke of the city purchasing properties and not recouping the investment. Fehst referred to the TIF program used and the intent of the scattered housing district. The difference will be seen through improved properties and value increased property taxes. Peterson indicated that some properties will be sold for more than the purchase price. Morrell indicated that there was no accountability to the public. Peterson stated that all transactions have public hearings and are handled with transparency. Schmitt stated that the program has a limit, which we have almost reached. When we start selling the properties we can continue to purchase more property. Nawrocki indicated that demo cost is unknown when the property is purchased. Nawrocki questioned the cost to transfer the properties back to the EDA, i.e. legal fees and County transfer fees. Peterson indicated he hoped everyone enjoyed the new TV system. Peterson: "Remember your service men and women. Don't take ourselves to seriously, enjoy life, and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:39 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary 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 11, 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 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 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 1. 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 12 City Council Minutes Monday, January 24, 2011 Page 7 of 9 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: 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. 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. RESOLUTION 2011 -003 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. 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 3 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 13 City Council Minutes Monday, January 24, 2011 Page 8 of 9 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: 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 2 " 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 Registrar 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 Registrar 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. AND 4448 Quincy: Lot 3, Block 12, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 14 City Council Minutes Monday, January 24, 2011 Page 9 of 9 AND 4303 Reservoir Blvd: Lot 4, Block 4, Auditor's Subdivision of Walton's Second Subdivision of Reservoir Hills, Anoka County, Minnesota. AND 3842 Tyler: Lot 7, Block 4, Waltons l Subdivision of Reservoir Hills, Anoka County, Minnesota. AND 3846 Tyler: Lot 6, Block 4, Waltons 1' Subdivision of Reservoir Hills, according to the recorded plat thereof, Anoka County, Minnesota. AND 4235 Washington: The North 10 feet of Lot 23, and all of Lot 24, Block 31, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4502 Washington: Lot 14, Block 4, Gillette's Annex to Columbia Heights, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 15 City of Columbia Heights Park and Recreation Commission November 17, 2010 Eileen Evans called the meeting to order at 5:33 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Justin Grussing; Stan Hoium; Kevin McDonald; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director /City Engineer; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary; Gary Peterson, Mayor Also Present: Brittney McFadden, Tobacco -Free Youth Recreation Program; Kevin Moe, observing Graduate Student APPROVAL CONSENT AGENDA Motion by Stroik, second by Hoium, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Request for an open bar on April 9, 2010 for a wedding reception B. Request for an open bar on February 12, 2011 for a wedding reception Windschitl indicated that this date changed to February 5, 2011. Windschitl replied both receptions fall into the criteria of operating a responsible, professional bar. The first reception is expecting around 200 people and the second reception around 175 people. Both receptions indicated having a responsible bartender. Motion by Hoium, second by McDonald, to approve request A & B to hold open bars for the wedding receptions on April 9, 2011 & February 5, 2011. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. Tobacco -Free Park Policy Windschitl reminded the Commission from the previous meeting of the decision to take the City of Biwabik policy and critiqued it to our scenario. He stated the goal being to keep the smoking away from the youth areas in our park system. In particular the playground, park shelter, ball field areas where youth events are occurring, the beach, volleyball and wading pool areas. He indicated there were a few things removed from the Biwabik policy; one of them being the enforcement part because we do not have a park police program or have extra time in our police department for enforcement. The signage will be posted with the hope that residents will take an active part in some of their own enforcement. Windschitl indicated this subject was brought up by a resident because while she was at a City park with her child some one was smoking near the playground and wanted to say some thing but didn't due to a lack of signage and a policy. 16 Park & Recreation Commission November 17, 2010 Page 2 Windschitl introduced Brittney McFadden from the Tobacco Free Youth Recreation Program if any Members had questions for her. She is attending the meeting instead of Derek Larson. Windschitl sent a copy of the policy to Larson to verify that requirements were met for the free signage from the organization. Larson replied that the criteria were met. McFadden discussed the usage of the three different types of signs that are offered by the Tobacco Free Youth Recreation Program. Windschitl stated that in most cases the tobacco restricting during youth activities will fit in most areas of the Parks. The Commission decided to use the "Tobacco Use is Not Allowed During Youth Activities" sign in majority of postings, and to use the "No Tobacco Use on This Park Property" sign as a secondary sign in specific areas designated for youth only activities. Motion by Grussing, second by Stroik, to adopt the Tobacco Free Park Policy. For Staff to determine the best use of the two signs "Tobacco Use is Not Allowed During Youth Activities" and "No Tobacco Use on This Park Property" as appropriate within the City Park system. Upon vote: All ayes. Motion Carried. NEW BUSINESS A. Skating Rinks 2010/2011 Hansen reported Staff is beginning to prepare the ice rinks for the 2010/2011 Season. Beginning around seven years ago the number of rinks had been narrowed down to four parks due to budget cuts. Over the past few years the Parks crew has been observing usage of the rinks, Ostrander, Keyes and McKenna Parks are the primary parks with programs and consistent usage. Gauvitte Park does not have consistent usage. Staff is recommending not to make ice at that Park because there are no Recreation programs there and the three year observation indicates little to no usage. Evans asked about ice at Huset Park. Hansen replied that there was a special request last year for a community festival but besides that there is no ice maintained at Huset Park. Stroik asked if the warming houses will not be open. Hansen replied that was eliminated years ago due to budget cuts. Windschitl indicated that residents can apply for a park permit to use a warming house for winter activities or parties. Hansen indicated the three warming houses may be used upon request. Evans asked if the heat is turned off during the winter. Hansen replied that the buildings are heated minimally to prevent freezing, otherwise they would need to be winterized. McDonald asked if using volunteers to supervise the warming houses would work. Windschitl indicated that a background check would still need to be completed on a volunteer working with youth and that a staff person would still need to supervise the volunteer and the building. Motion by McDonald, second by Stroik, to open the ice rinks at Ostrander Park, Keyes Park and McKenna Park. To no longer make and maintain the ice rink at Gauvitte Park due to lack of use. Upon vote: All ayes. Motion Carried. 17 Park & Recreation Commission November 17, 2010 Page 3 B. John P. Murzyn Hall 2012 rental rates Windschitl indicated a proposed change in the John P. Murzyn Hall rental rates of 5% on Saturdays in 2012. For 201 1 majority of the Saturdays are currently reserved. Fridays and Sundays are typically a later booking as the Saturdays become unavailable. Windschitl indicated that a 25% resident discount is still available. Motion by Greenhalgh, second by Hoium, to approve the new rates for 2012 and rental standards as done in the past for John P. Murzyn Hall. Upon vote: All ayes. Motion Carried. REPORTS A. Recreation Director Windschitl indicated he will be giving a report on the Hylander usage and finances to the City Council in the next week. The latest edition of the Heights Happenings City newsletter had more information about using the gym and fitness room at the Hylander Center. He indicated that usage has increased during the mornings and the evening numbers have decreased since school has started. Youth Basketball will be using the Gym on Mondays, Tuesdays and Thursdays but the fitness center will still be available for use to adults. The gym and fitness room will remain open on Wednesday evenings. Windschitl indicated the costs for maintenance and utilities has been less than projected. The hope is for more people to find out about the opportunities and take advantage of using the facility. Windschitl indicated the scheduled December Park & Recreation Commission meeting falls on the Wednesday prior to the Christmas vacation and would like to move the date up by one week to the 15` The Commission agreed that December 15 would work for the next meeting if needed. Evans asked when the City Council approves the budget. Peterson replied December 13. Windschitl indicated the Recreation Department had less than a 1% increase with step increases and annual increases budgeted with unions. He stated the format was changed to more of a City wide presentation to the Council on each Departments budget. Windschitl invited the Commission to stop in his office if they wanted to review the budget. Hansen indicated that all Departments were at or under a 1% increase. The water and stone sewer was at a negative increase. Peterson stated the Council will have a work session on the budget on November 29 and the Commission is invited. B. Public Works Director /City Engineer Hansen indicated the Huset Park memorial sign for Jerry Foss should be delivered this week and will be placed at the shelter. Windschitl asked what the sign will be made out of. Hansen replied aluminum. The Huset Park playground recognition sign will be changed slightly. Company logos are extremely hard to get and would need to be in a high definition in order to be placed on the sign. He indicated the sign will be slightly smaller than planned, around four feet by two and a half feet. An example of the updated sign was passed around. Stroik asked 18 Park & Recreation Commission November 17, 2010 Page 4 for the cost of the sign. Hansen replied it should be less due to the decrease in size. Stroik asked where the sign will be placed. Hansen replied by the playground. Hansen asked if there are any thoughts on continuing to refer to Huset Park as the East or West side. Saefke replied that when people reserve the shelter or the Jefferson building Staff refers to the sides of Huset Park as the East with the building or the West with the new shelter. The building and the shelter are separate rentals. Windschitl replied that should continue internally but to the public to keep the whole park listed as Huset Park. Hansen indicated the Public Works staffing is down by three people. One position, a streets maintenance worker will not be filled in the near future. Tim Lund, Park Foreman, will be out with a major surgery for at least six to eight weeks. A utilities employee will be out for three to five months undergoing cancer treatments. Evans asked how many trucks are put out for snow plowing. Hansen replied that it depends on the snow fall. Hansen stated the Sullivan Lake trail has been fixed. All work was done in- house, they pulled back the wall and repaved the trail. In the Spring the trail will be widened to ten feet. Peterson indicated he received a compliment from a resident on the tree trimming and trail work. C. Commission Members Peterson informed the Commission that the former Fire Department garage will be turned into a Golden Glove Gym. Evans asked who will run the gym. Peterson replied Brian Clerkin, The program will be open mostly for older kids and primarily only for youth. Evans asked if City Staff would be responsible. Peterson indicated no, City Staff will not be involved. Stroik asked if the group is renting from the City. Peterson replied yes, they will be covering the utilities. Greenhalgh asked when the railings on the Central Avenue pedestrian bridge will be installed. Hansen indicated the railings will be delivered tomorrow for the switchback and for the helix on November 30. Evans asked how many students used the bridge since it has been open. Hansen replied that all students used the bridge during the first week because police were patrolling the intersection. Pedestrian counts were done prior to the work being done on the bridge and the average is 300 students per day. A PR/Media campaign was done throughout the schools on the importance of using the bridge and all crosswalks because there are accidents every year. ADJOURNMENT Evans adjourned the meeting at 6:25 p.m. Deanna Saefke, Recreation Clerk Typist 11 19 Approved 2 -2 -11 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 5, 2011 The meeting was called to order by Chair Patricia Sowada, at 6:34 p.m. Members present were: Nancy Hoium, Patricia Sowada, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. Not present: Barbara Tantanella and Lynette Thomson. The minutes of the December 1, 2010, Board meeting were approved as mailed. The bill list dated 12/13/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/15/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/22/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/29/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 1 /10 /11 was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 1/6/11 was reviewed. The bill list dated 1 /10 /11 was reviewed. It was moved, seconded and passed that the bills be paid. The 2011 accounting dated 1/6/11 was reviewed. Old Business: 1. The 2011 accounting page reflects the approved budget. All proposed 2011 budget items were approved, along with carryovers for the boiler, air conditioning and copier replacements. Improvements to the Boardroom in 2011 will include new cupboards for the Historical Society collection and a workstation for the new cable equipment. Loader will be working with Tim Barnes, maintenance supervisor, to replace the sink and toilets in the women's restroom. 2. The Fidelity Cleaning contract terminated on 12/30/10 and in -house cleaning has commenced. Loader is working with Barnes to create procedures and contracts for 2011 maintenance. 3. The Board was pleased with the new carpeting in the Boardroom. New Business: 1. Loader presented a transfer request. Motion: To authorize the transfer of $660 from line item 2020 to line item 2011. The motion was seconded and passed. 2. Crossover statistics for October and November were distributed to the Board. 3. The target date for unveiling Overdrive and eBook availability at Anoka County Libraries is January 1 l Patrons are responding well to promotions for the new service and asking a lot of questions. The collection will continue to be expanded on a regular basis. 4. The City is preparing a procedure for making closing announcements on WCCO. 1 20 Items from the Floor: Promotional magnets displaying the Library's hours and contact information were distributed to the Board. These magnets are being handed out at the desk and will be used for promotional purposes in the coming months. 2. The North Extra section of the Star /Tribune contained an article about the Library in the January 6, 2011 edition of the paper. Loader was contacted concerning an expansion article after a mention of the dormant local historical society article done in December. Loader was interviewed by Maria Elena Baca, and was very impressed by her professionalism. Baca verified all information and interviewed Mayor Gary L. Peterson, and Foundation President Marlaine Szurek for the article as well. The Board discussed the article and their desire to thank the reporter for her interest and skill. 3. Hendren printed a copy of the updated Minnesota Public Library Trustee Handbook. One copy will be kept at the Library for use and review by Board members. 4. Sowada requested an update on a generator purchase. Loader will be working with Barnes and pursuing grant funding. 5. Hoium notified the Board that school editions of Huck Finn will be printed with updated language. Offensive language that deters teachers from teaching the book will be replaced. The Board discussed Huck Finn and Mark Twain's recently published biography. 6. The Board discussed the Library's inability to screen or inhibit the movie checkouts of minors. It is the responsibility of parents to supervise their child's library use. There being no further business, the meeting was adjourned at 7:29 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 21 UNAPPROVED OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, DECEMBER 6, 2010 CALL TO ORDER The meeting was called to order by Chairperson Carlson at 5:32 p.m. ROLL CALL Members present: Carlson, Doty, Goodman, Tyler Staff present: Kathy Young, Assistant City Engineer Lee Okerstrom, Police Corporal Sue Schmidtbauer, Public Works Secretary Council Liaison: Bruce Kelzenberg APPROVAL OF MINUTES Motioned by Goodman, seconded by Doty, to approve the minutes of June 7, 2010, as presented. Motion carried unanimously. OLD BUSINESS None. OTHER OLD BUSINESS None. NEW BUSINESS A. REQUEST TO INSTALL 4 WAY STOP SIGNS AT THE INTERSECTION OF 7TH STREET AND 41 AVENUE Mr Elhshik is representing the Islamic Center of Minnesota at 4056 7 Street. The concern is the potential for vehicle and personal injury accidents at the uncontrolled intersection of 7` Street and 41 Avenue. Mr. Elhshik is caretaker of the building and was present at the meeting. Officer Okerstrom stated that there have been two accidents at the intersection, one in 2008 and one in 2010. Both accidents resulted in property damage only and no injuries. Goodman checked the intersection today. He saw only eight cars and no need for stop signs, but possibly a yield sign on the north side would be beneficial. All members agreed that there is much more traffic during church and mosque activities. However, everyone is more careful due to the increased traffic, which is slow moving. Currently a stop sign would not meet Federal guidelines. However, Mr Elhshik stated that the mosque is very busy and has services five times per day. Mr. Elhshik was advised that studies have shown that stop signs tend to give pedestrians a false sense of security while crossing streets. Studies also show that if a stop sign is not needed, drivers tend to ignore it making the stop sign more of a detriment than a plus. Young reviewed the guidelines with Mr. Elhshik. Commission members all agreed that people are more careful and traffic is slow during activities at the mosque and the church. Carlson motioned that we deny the stop sign at 41 and 7` Motion seconded by Tyler. All ayes. Motion carried. 22 Traffic Commission Minutes — June 7, 2010 Page 2 Young advised Mr. Elhshik that he could appeal to the City Council but that the Traffic Commission does advise the City Council. She told Mr. Elhshik he could call her and she would help him with the process if needed. REPORTS CITY ENGINEER - None POLICE CHIEF - None COMMISSIONERS Carlson stated he would like the Police Department to give more attention to jaywalkers at 40 and Central Avenue. Corporal Okerstrom stated that jaywalking is one of their top priorities and they do have an active jaywalker detail. However, lately they have been trying to stay on 49 and Central to encourage pedestrians to use the new bridge. Goodman asked if the police can tag bicycles as there have been a lot of violations by people on bikes. Okerstrom said yes. Doty has a concern regarding parking on the street rather than the parking lot at the high school, especially during events. He stated that students park on the street and then walk in the street and in- between cars rather than using the parking lot. Often there are 4 -6 kids hanging around the cars. There are also a lot of cars stopping. There used to be no parking on the street, when did this change? Corporal Okerstrom will pass this information on to the school liaison. There is also a security guard at the school. He does not know when the no parking was changed. Goodman stated he gets a lot of complaints regarding the length of the stoplight at 41 and Central Avenue. Young informed him that the state will be looking into the longevity of the traffic lights in 2012. It was also noted that this is the last Traffic Commission meeting for Bruce Kelzenberg. ADJOURNMENT Motioned by Doty, seconded by Goodman to adjourn the meeting at 6:05 p.m. Motion carried unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 23 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 14, 2011 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM Establish Date for BY Walt Fehst BY: Annual Board of Appeal DATE: February 4, 2011 DATE: NO: Anoka County has requested that we select the date for the required annual Board of Appeal and Equalization. The available date is Monday. April 11, 2011 at 6:00 p.m. in the City Council Chambers. Staff recommends the Council adopt the following motion: Recommended Motion: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 1 1, 2011, at 6:00 p.m. in the City Council Chambers. COUNCIL ACTION: 24 CITY COUNCIL LETTER Meeting of: 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS „, ITEM: REQUEST FOR FOUR -WAY STOP SIGNS ON 7 BY K. Hansen BY: STREET AND 41 AVENUE DATE: 2/9/11 DATE: ' Background: A request to install four -way stop signs at 7 Street and 41 Avenue was discussed at the December Traffic Commission meeting. The request was made by Mr Elhshik, caretaker at the Islamic Center, 4056 7th Street. The concern is the potential for vehicle and personal injury accidents at the uncontrolled intersection of 7th Street and 41 Avenue due to the volume of vehicles and pedestrians in the area when there are events at the mosque or the church. The Traffic Commission reviewed the visibility at the intersection and the number of accidents. In addition, the Commission reviewed accident information compiled for Police Grid 11 from June, 2010. Based on this information, the Commission denied the request. The draft minutes are included with the City Council packet under item 5B. Subsequently, Mr Elhshik is appealing the decision of the Traffic Commission. Letters and a petition submitted by Mr Elhshik are attached. Analysis /Conclusions: Cities, counties and states follow the guidelines in the Federal MUTCD (Manual of Uniform Traffic Control Devices) for installation of signs. Intersection control with signs or signals must be warranted in accordance with MUTCD guidelines. The following factors are considered in establishing intersection control: A. Vehicular, bicycle, and pedestrian traffic volumes on all approaches; B. Number and angle of approaches; C. Approach speeds; D. Sight distance available on each approach; and E. Reported crash experience. At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs. The following guidelines have been added for local, low volume roads: The use of YIELD or STOP signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: A. The combined vehicular, bicycle and pedestrian volume entering the intersection from all approaches averages more than 2,000 units per day; B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right -of -way rule if such stopping or yielding is necessary; and /or C. Crash records indicate that five or more crashes that involve failure to yield the right -of -way at the intersection under the normal right of way rule have been reported within a 3-year period, or that three or more such crashes have been reported within a 2-year period. This intersection does not meet the requirements for stop sign installation, as a full stop is not necessary at 25 CITY COUNCIL LETTER Meeting of: 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: REQUEST FOR FOUR -WAY STOP SIGNS ON 7 BY: K. Hansen BY: STREET AND 41 AVENUE DATE: 2/9/11 DATE: all times. Also, during the last three years, there have been two reported traffic incidents. Mn/DOT published a study that shows "Adding STOP signs lowers speeds by about 2 mph, in the vicinity of the STOP sign, but also reduces compliance — a greater number of drivers completely disregard the sign than come to a complete stop. In addition, speeds in the segments between STOP signs have been observed to increase drivers attempting to make up for lost time ". Staff does support installing a yield sign for north and south bound traffic, as discussed at the Traffic Commission meeting on December 6, 2010. The visibility of the intersection is fair with the landscaping and fence partially obstructing visibility for northbound traffic. Installing a yield sign will assign right -of -way at the intersection. Studies have also shown that stop signs tend to provide a false sense of security to pedestrians. Strategies that have proven to be effective include sidewalks, improving visibility and increased street lighting. Sidewalks are available on both 7th Street and 41 Avenue. One option to improve visibility for both motorists and pedestrians is to restrict parking near the intersection on 7 Street and 41 Avenue. Another option is for the Islamic Center to pay for additional lighting at the intersection. Staff does not support adding stop signs at this intersection. Yield signs stopping one direction of traffic would assign right -of -way at the intersection and meet the MUTCD requirements. Recommended Motion: Move to deny installation of four -way stop signs on 7` Street and 41 Avenue based on a recommendation of the Traffic Commission. Alternate Motion: Move to authorize installation of "Yield" signs on 7 Street and 41 Avenue, yielding traffic on 7th Street, based on the configuration of the intersection and the amount of pedestrian traffic generated by the nearby mosque and church. Alternate Motion: Move to designate "No Parking" for 20' from the intersection on the approach lanes for 7 Street and 41 Avenue. Attachments: Letters and petition Aerial view of intersection Memo from Captain Austin (December 2, 2010) Grid 11 accident locations (June, 2010) COUNCIL ACTION: 26 01/01/2006 06°61 7537886129 ELHSHIK A PAGE 61/61' To the Traffic Commission, Date: 11/19110 City of Cole: m bia Heights Fax No.: 763 ® 706 - 3701 Helgo, We all agree that the life of ever creature is very valuable and the human's life is very precious. Installing a four -way stop sign at the intersection of 7th Street and 41st Avenue will cert inly prevent accidents from happening and save people's lives. The Islamic Center of Minnesota (4056 7th St. NE) is located at the intersection of 7 Street and 41 Avenue. This intersection is experiencing more traffic and speedy drivers which makes the lives of people vulnerable. A four -way stop sign at the intersection of 7 Street and 41 Avenue is extremely important and it will bring safety to the visitors of the Islamic Center of Minnesota, the Muslim Mosque, the visitors of St. Matthew Lutheran Church (4101 Washington Street NE), and to the residents of the area. We are facing the danger of traffic every single day because we at the Muslim Mosque have services five times every day. We do not have a parking lot so the visitors park on the street. It is more dangerous in the winter season because the snow narrows the roads. Friday is the busiest day because of our congregation prayer and the building is totally packed. In the month of Ramadan the Muslim Mosque is very busy and totally packed every evening for 30 days. For the above mentioned reasons we request from you to install a four - way stop sign as soon as possible. We do not want to wait until a tragedy or accident take place and someone dig -s. Thank you very much for your consideration. The Islamic Center of Minnesota, r. r V f sque 4056 7th St. NE Columbia Heights, MN 554211 27 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 01/06 To the City Council of Columbia Heights, Date: 02/04/11 Hello, I, Abdulbaset Elhshik, the caretaker of the Islamic Center of Minnesota building (4056 7 St. NE) located at the intersection of 7 Street and 41" Avenue. I met with the Traffic Commission on 12/06/10 to request on the behalf of the visitors of the building, the visitors of St. Matthew Lutheran Church (4101 Washington Street NE), and the residents of the area installation of a four-way stop sign at the intersection of 7 Street and 41 Avenue to promote safety, prevent accidents from happening, protect our children as they wait for the school bus, and save people's lives as I stated in the attached letter that I addressed to them. Unfortunately, they denied our request. One member of the traffic commission said, "1 drive through the intersection of 7 Street and 41' Avenue about three times a week and 1 don't see danger or need to put a four stop sign" We are sure that all of us agree that my observation as a caretaker, the residents near the intersection, and the people who drive by and stop at that the intersection of f Street and 41 Avenue's observations are more frequent than the observation of the traffic commission member. The police officer said, "There are not enough accident happened at this intersection to put a four-way stop sign". But we do not need accidents at all. Since my last visit to the traffic commission on December 6, 2010, there have been two accidents at this intersection. When I arrived on a Christmas Day early in the morning, I saw debris from one of these accidents. It is possible that people do not report the accidents and settle it between them, but those of us who work, attend the five services daily in the Islamic Center of Minnesota, and live near the intersection see the danger every day. Another member of the traffic commission said, "Usually, when there is traffic people slow down because there is no room to speed". We agree with this, but we would point out that not all accidents happen when the street is heavily trafficked. Please consider helping us to prevent any future accidents The Islamic Center of Minnesota, Muslim Mosque 4056 7 St. NE, Columbia Heights, MN 55421 28 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 02/06 Members of the City Council, We, the undersigned, believe that a stop sign placed at the intersection of 7th Street - NE and 414 NE in Columbia, Heights will be an asset to the safety of our neighborhood. We respectfully ask the members of the City Council to take this matter into its consideration. Thank you. 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' - 9- g:rr 7 Ai rr E i r.- 4 - IlWalrfiri. :,' .. ,r,d0 - i-tg- LE,, _...9- i,5_ I , --:211-Liyi M k ' Y "WiiiirMfair •.- ; ' ,-I", ge/ti.— 1 . ... ) 4- b 111 +3 1 --1 ft tr.-1' lb &A44j, K 5 ,... 4 iif ' : 4, 7 ( ',. ...... _ - r , IP E at " .4.,:sWW.II2.227 . .. / .2 74 ) a:s • - SWY1 e., / Tar V1-50 - o S 07 - ee.,'' - PI &JAVA *-- 2Y `'5i2 ., 4..A „..r/ii A RP -." 7z az.-1 , - 29 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 03/06 Members of the City Council, We, the undersigned, believe that a stop sign placed at the intersection of 7th Street NE and 41't Avenue NE in Columbia, Heights will be an asset to the safety of our neighborhood. We respectfully ask the members of the City Council to take this matter into its consideration. Thank you. Name Signature Contact Information g4 ....1 ,.,.., 14.7 ff • c A ," gl'ilr7 4642 2 4 0 — 745,Z 6 1'1 0, s7 A Fig h'ME el- -k6" 7 / 41' ) ' L% L 6141 M 0 Ail° A - • ■•,.. ,... v -----h..---4-- wz.y .1 1. -or-.) 4 /.4 - Zfi 6 ' UK —, — ft.. . I 7- -2__- 4.. 4 ,. Ow , .nmiArg Art - 6 - ( 7 _ i ', ''' , .. , • , _mway' . 4 ,e. Ara .r.4 r') , .,. ' -7e,, ---7.Fi _ .o. i'l j. r.. . .'-. r 4 k Ai Oil PIW Iv al______ It Ao r MO' El 6 )...—eM6 4 MN JAI& C II.% S ,7 77 7 AffIMPIWidl 11_---s )40-F, 4n. p 1 '-- s" „, • ,,,,. i (76 2 ) 1 WA a 1 - _ r „A. / 7 — "F ' it, ,.. k k 11 ' . .. :,; * . • 5 i - SOI - - 1 - ' r - II..A:4PT 4.5 '5 , 4 or - -- --t ' 3 - 4 .ND-- '1 1/ ,....._ .........._ A ". if a v Migrinillih .0 1 2. ''' ? 3'5 - , _ Ad ...44,-1..., ... asi A Ai .... - ..,_. .. _ — L.4- — -1 _ • G — ilL r c...7",;."Apppror. , ( 2_ - 4' 07 —2ci 0 c , 72. , -1 - - MINEENIMMIE 'riefr,,,:„._, ,,..4..,...... , 0 :tz- e.) — Pciw . . _ A P . - . _ — 30 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 04/06 Members of the City Council, We, the undersigned, believe that a stop sign placed at the intersection of 7th Street NE and 41g Avenue NE in Columbia, Heights will be an asset to the safety of our neighborhood. We respectfully ask the members of the City Council to take this matter into its consideration. Thank you. Name Signature Contact Information *IUD <Syr* TO - IF ',31 /10 14 e - 3- (..,131!- 7 4,4 I1( gee # CP 5 51q- 6 794 1 . _ c.Vk) " ' eliZef/lifi 7Z q f) 4 .41,1 Oh. .ao rk,v1 t. 11 — /4- G 1111,111PRIPIP f 5 11 ' – 10 2 JOST CaLlt6;47 A. If 4 L . b 14 01. _ K.01 msi i-1 Os 7 6 Alf 46 - gat. /7 w• .1eAr1 — t1 becl Vt EFVO.. u 3- , 0 r / 4,4r drat), ai Mr* e "" 49 . . 31 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 05/06 Members of the City Council, We, the undersigned, believe that a stop sign placed at the intersection of 7th Street NE and 41st Avenue NE in Columbia, Heights will be an asset to the safety of our neighborhood. We respectfully ask the members of the City Council to take this matter into its 1 consideration, Thank you. Name S°: atur- Contact Information (ON. SOO- q Lill - .. , 74 r , , cbef.- 64 i 7 'ivi.A..,,,a.d • a. OA A . A 4 4 '''' l' 't-7' ". orICIAN: A :.1e. IIP — - 4 .1 1 - 4W S 11) 1 ir /. .e / .04. - , - / 0 • - es -1 f. .1„„. a4 - ,Ate, - ..,.; --------- C , f 1 - 2-t, j.,- co , cve.A h -. I 42-7; , intry 763. 781 ocir26 F 4vtaifer,944, 763 - iLitem-e-m- e/t /A_ ,,,,, 0 _ ...L.., ' , --- --- , , A ler - O 1 ..ChAtA - 6 -- 2-0/ --- A nky, im e 6.. la ,14,, ,, . FRwit , • fq ' o A s A or 7 A - 41, 44 ' ( P "Arr .--4 .. . 1- 1 C 111 . . Al .,..— 2, -3 11 r-,r1 '''' 1 / , 6' 3- / - /z - ■ .. A , ....... . S I% W. 4 k . •4 -1 ‘" % , ''''' - \ . -stv , S 2 - 2_ a - ' '- /L 6- Effill/11111r7 If - - I 7-6 3 . — VZ . , '1. 401rsi - 49- - - _ 4 linNtra 1. ,... , -- a .. 2 SITIMV A II WU] I I MI IV Wri 1 CP Z. - '''' 7 G. 7a2 - 7 a ,S' i:bk,k) - EL I kra rift:N.4 fifft, • _dr et& Pr . . _ 32 01/04/2006 18:22 7637880129 ELHSHIK A PAGE 06/06 Members of the City Council, - We, the undersigned, believe that a stop sign placed at the intersection of 7th Street NE and 4.1st Avenue NE in Columbia, Heights will be an asset to the safety of our neighborhood. We respectfully ask the members of the City Council to take this matter into its consideration. Thank you. Name Signature Contact Information 49 . I , azi.....1. 11- " . 55410E. ...- id 4, , 1 lii ' . 0 ...p • 1- , .., - - _. - ,,,,.-407" - , _ 3 ir- i Air _Lf,„5/4.4121 7 A fri ..--, J., g . - - o t., ..." ..21_,,- v Lf 3-.. _ i -- - ,v.. .. 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' „ 2 v. ; is 1 L4\ia, i 4 .YrSES- Alete . ..., . ,;- Ar - psi t. _, , Al -- — - ' 01 " -- — ... ...maw* l . . • _ 33 0:0 COLUMBIA HEIGHTS 100LICE gSV9;. tr POLICE DEPARTMENT MEMO - DIM To: Columbia Heights Traffic Commission Members From: Lenny Austin, Captain Subject: Review of Accidents at the intersection of 41 Avenue and 7 Street Date: 12/02/2010 I have reviewed the number recorded number of accidents that have occurred over the last three years at the intersection of 41 Avenue and 7 Street. From 2008 through 2010 there have been two crashes that have occurred in that intersection. The first crash occurred on 09/23/2008, at 6:00 pm, and the second crash occurred on 10/28/2010, at 5:11 pm. Both crashes were property damage crashes, with no report of injuries. cc: Matt Markham, Sergeant 35 , .. U) o F 4 . D o tt Z _ O, N Z O I F- 3= OQ U fr Z U2 p W W W a co o Ili Z a 030 o N ' U z c>-- o 0 Z `" W I— z W . 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'� ''ir'-� , r --------- \ m c IalA 1 7;. 1717 1...t -Ylli I j is oas to z it z a = 9s£4 ° ° g S .-- ■ a % °»r L nrn Y +77%- �y y,�. & i II. +' r S 3 a a a a e v a a a v N w a ast +13 tii' I G' f a �i LL iq cisa x Q Y ■RSi f Y �_ uj OSZ a —, a .. Q ry f _ Q on n 1111101111 � is aac N 1 la i %i _M� ti# TI LZZ 1 L7 11t yY O EZ n ' t ' 17fH111Lln 6 Z zzz ° =1,.__!_ 9oz ao id »un w a4, *tw- Ln 7!_ , • - Y1 > �7 w a m 9tZ 90Z Ly ".Mv .'<a�7 �� :l x'1 YY - tt .{{ EE iI @ � rE_ t`1p� 1L EL„ bOZ II iillra 11 *�' 1 1 N . (( I LIZ 4t,d m ,., _ .� m °'. M n GCKC'�lO n �v a 4^b6I= IF. 1 t o I °o F4 6? 5 60 Z. CITY COUNCIL LETTER Meeting of February 14, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE , APPROVAL: ITEM: Approve Gambling Permits, 13Y: Scott Nadeau / 1-. BY: NO. Immaculate Conception Church DATE: February 3, 2011 DATE: , Bingo Event on April 2, 2011 and Fun Fest on July 29, 30 and 31, 2011 BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted two requests for gambling permits. One is for a bingo event on April 2, 2011. The other is for their Fun Fest, scheduled for July 29, 30 and 31, 2011. Activities to be included are bingo, raffles and pull-tabs. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the two 525 permit fees, the following actions are recommended. RECOMMENDED 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 gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held April 2, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 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 gambling peintit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held July 29, 30 and 31, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. kao COUNCIL ACTION: 37 Minnesota Lawful Gambling Page 1 of 2 1/11 Application fee for each event LG220 Application for Exempt Permit If application postmarked or received: An exempt perrnit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # Organization name Previous gambling permit number Church of the Immaculate Conception X-01151 Type of nonprofit organization. Check one. Fraternal X Religious Veterans Other nonprofit organization Mailing address City State Zip Code County 4030 Jackson St NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Daytime phone number Email address Fr. Thomas Kunnel TOR 11.1111M Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. X IRS - Affiliate of national, statewide, or intemational parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. • GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Church of the Immaculate Conception Address (do not use PO box) City Zip Code County 4030 Jackson St NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) April 2, 2011 (Raffle drawing held April 2, 2011) Check the box or boxes that indicate the type of gambling activity your organization will conduct: u Bingo* 1>ARaffles fl Paddlewheels* E Pull-Tabs* ETipb * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also complete Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to wt.vw.gcb.state.mn.us and click on List Rese,iifOrrrli of Licensed Distributors, or call 651-639-4000. 38 LG220 Application for Exempt Permit Page 2 of z 1111 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. i4,The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. The application is is denied. The application is denied. Print city name l..t) Ytt ir' _.„ p} n , Print county name On behalf of the city, ! acknowledge thiappiicafion. On behalf of the county, 1 acknowledge this application. Signature of county official receiving application Signature of city official calving application ~ ' i_9( _#t- ■ Title Date / / t t 9 (Optional) TOWNSHIP: On behalf of the township, 1 Tit ( € f. �i,' 1 K/)1( Date ' / r — / i D 1 acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.166)1 Print township name Signature of township ofcial acknowledging application Title Date / / CHIEF EXECUTIVE OFFICER`S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. i acknowledge that the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity. Chief executive officer's signature TS t vwr,Ct` ? Date ¢„ t - o i) Complete a separate application for each gambing activity: Financial report and recordkeeping required one day of gambling activity, A financial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill-in for^ available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B. Suite 300 South Roseville, MN 55113 :IPn t orm, ; ; eSeF i QrtTtE , the Board will be able to process your information; Minnesota's Department of This form will be made available in alternative organization's application. Your organization's format (i.e. large print, Braille) upon request Public Safety; Attorney General; name and address will be public information Commissioners of Administration, Minnesota Data privacy notice:The information requested when received by the Board. All other on this form (and any attachments) will be used information provided will be private data until Management Budget, and Revenue; by the Gambling Control Board (Board) to Legislative Auditor, national and international the Board issues the permit When the Board amblin regulatory agencies; an pursuant determine your organization's qualifications to 9 g 9 ry g anyone P issues the permit, all information provided w ll tc court order, other individuals and a enciea be involved in lawful gambling activities in 9 Minnesota Your organization has the right to become public if the Board does not issue a specifically authorized by state or federal law to refuse to supply the information requested; permit, all information provided remains private, have access to the information; individuals and however, if your organization refuses to supply the exception of your organization's name agencies for which law or legal order authorizes and address which will remain public. Private a us e or sharing of information after this this information, the Board may not be able to 9 data are available to: Board members, Board Notice was given; and anyone with your written determine your organization's qualifications Y Y staff whose work requires access to the and, as a consequence, may refuse to issue a consent. permit If you supply the information requested, 39 • Internal Flevenue Service Department of the Treasury P. 0. Box 2508 ON 45201 Date: JUL 28,2009 Person to Contact Roger Meyer Toll Free Telephone Number: 877-829-5500 United States Conference of Catholic Bishops Emplayer Identification Number: 321 4 1n Street, N.E 53-0196617 Washington, D.C, 20017-1194 Group Exemption Number: 0928 Dear Sir or Madam: in a ruling dated March 25, 1946, we held that the agencies and inshumentallties and ali educational, charitable and reklous insalueons operated, supervised, or controlled by or In oonnection with the Roman Catholic Church in the Und S its terreories or possessions appearing in The Official CaThorfc Directory 1948, are entitled to exemption from Federal income tax under the prat/18km of section 101(6) of the Internal Revenue Code 01 1939, which corresponds 10 Section 501(c)(3) of the 1986 Code. This ruling has been updated mntially 10 cover the organizations added to or deleted from the Directory. • The Official Catholic DirecOyfor 200'9 shows the narres and addresses ce ail agencies and instumentelities and all educational, charitable, and reriglotss instParkeis operated by the Roman Catholic Church in the United States, s territories and possessions existence at the time the Directory was published. It is understood that each of these is a noreproft organization, that no part of the net earnings thereof inures to the berwfrt of any individual, that no substantial part of their activites is for promotion of legislation, and that none are private foundations under section 509(a) of the Code. Based on a information submitted, we conclude that the agencies and instrumentalities and educalienal, charitable, and rdigious institutions operated, supervited, or c:ontreiled by or in connection with the Roman Catholic Church in the United States, its territories or possessions appearing if) The Official Cathofic Directory ire 2009 are exempt from Federal iricome tax under section 501(c)(3) of the Code. Donors may deduct eentilhutions eithe agencies, instrumerearrties and insetudons referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or girls tothern or for their use are deduce for Federal estate and gift tax purposes if they meet the applicable provisions of sections Z3.55, 2106, and 252201 the Code. Beginning ,krarary 1, 1984, unless specimily excepted, you and your subordinates must pay tax under the Federal Insurance Contributions Act (F1CA) for each employee who is paid $100 or more in a calendar year, as indexed for irritation. You and yoursubordnates are not liable for the tax under the Federal Unemployment Tax Act (FUTA). 40 The conditions concerning the retention of your group exemption as set forth in our prav4ous deterrxiinaffort letter caters ku 17, 1983, remain in full form and effect. Sincerely, f C O s ki Cindy W.----oft Eger, Exempt Organizations Determinations 41 .e. .4, I'lesus Christ is the same yesterday, today and forever." Heb.13:8 4 1110 11 1 " .1 1111 11( Archdiocese of • on. Saint Paul and Minneapolis If . . .... .. -l_..■ October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421-2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. ,.. .1 , u - , . Eisenzunmei- _ - ,. Chancellor for Civikthairs Enclosures 226 SUMMIT AVENUE • ST PAUL, MINNESOTA 55102-219742 LEL: (651) 291-4405 - FAX: (651) 290-1629 NORTHEAST BANK i . : THE CHURCH OF THE COLUMBIA . 3 4 8 87 5 1 1 I * i 110, IMMACULATE CONCEPTION L N M N BA p.EA H I G L H , T M N 6 COON RAPIDS, MN - 763-784-3533 I 3 IV 4030 JACKSON STRT, NE. YOUR INDEPENDENT COMMUNITY BANK 1/31/2011 t Full:Il 1 III' 1 COLUMBIA HEIGHTS, MN 55421 17-13-910 Is . I PAY TO THE a City of Columbia Heights - other $ *25*.00 .i. ORDER OF Twenty and 00/100. d .4 ..**********************irk*** A .i. k******************************* DOLLAR I City of Columbia Heights 6*- 8 MEMO AUTHORIZED SIGNATURE Gambling Permit _......._ .........._ HE CHURCH OF THE IMMACULATE CONCEPTION 3 3 3 8 5 City of Columbia Heights - other 1/31/2011 Date Type Reference . Original Amt. Balance Due Discount Payment 1/31/2011 Bill 25.00 25.00 25.00 Check Amount 25.00 1 0 LO Operations Checking Gambling Permit 25.00 . . . , 43 ' - Minnesota Lawful Gambling Page 1 of 2 1/11 Application fee for each event LG220 Application for Exempt Permit If application postmarked or received: An exempt permit may be issued to a nonprofit organization that less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # Organization name Previous gambling permit number Church of the Immaculate Conception X Type of nonprofit organization. Check one. Fraternal X I Religious Veterans Other nonprofit organization Mailing address City State Zip Code County 4030 Jackson St NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Daytime phone number Email address Fr. Thomas Kunnel TOR M=11111111 Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 ri IRS income tax exemption [601(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter. have an organization officer contact the IRS at 877-829-5500. X IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization fails under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Church of the Immaculate Conception Address (do not use PO box) City Zip Code County 4030 Jackson St NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) July 29, 30, 31, 2011 (Raffles drawing held July 31, 2011) Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* iz Raffles 0 Paddlewheels* El Pull-Tabs* []Tipboarcls* Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also complete Gambling Control Board, EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List :Resetformil of Licensed Distributors, or call 651-639-4000. 44 LG220 Application for Exempt Permit Page2of2 1111 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. „_The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. The application is denied. The application is denied. t Print county name Print city name t .4:) E (t lie} A kiS On behalf of the county, I acknowledge this application. On behalf of the city, I acknowledge tO. application. Signature of county official receiving application Si *nat re of city official receiving application 1/, / Y Title Date / / (Optional) TOWNSHIP: On behalf of the township, 1 i ltl askit _' li! f i� ate / / j f acknowledge that the organization is applying for exempted gambling • activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349166)1 Print township name Signature of township official acknowledging application Title Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. 1 acknowledge that the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity. Chief executive officer's signature I; tere vv+ 1 V Date P� - ti Complete a separate application for each gambing activity: Financial report and recordkeeping required one day of gambling activity, A financial report form and instructions will be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113Cillt l'OPt(1 beset Fcrm� the Board will be able to process your information; Minnesota's De artmeni of This form will be made available in alternative print, organization' application. Your organization's p format (i.e. large , Braille) upon request. Public Safety; Attorney General; Data privacy not rant, a information requested name and address will be public information Commissioners of Administration, Minnesota when received by the Board. All other on this form (and any attachments) will be used Management & Budget, and Revenue; by the Gambling Control Board (Board) to information provided will be private data until Legislative Auditor, national and international the Board issues the permit. When the Board determine your organization's qualifications to issues the permit, all information provided will gambling regulatory agencies; anyone pursuant be involved in lawful gambling activities in to court order, other individuals and agencies Minnesota. Your organization has the right to become public if the Board does not issue a specifically authorized by state or federal law to refuse to supply the information requested; permit, all information provided remains private, have access to the information; individuals and however, if your organization refuses to supply with the exception of your organization's name a for which law or legal order authorizes this information, the Board may not be able to and address which will remain public. Private a new use or sharing of information after this data are available to: Board members, Board determine your organization's qualifications staff whose work requires access to the Notice was given; and anyone with your written and, as a consequence, may refuse to issue a consent permit If you supply the information requested, 45 • heernal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OR 45201 • Date: JUL 28W09 Person to Contact: Roger Meyer To Free Telephone Number: 877-829-5500 United States Conference of Catholic 6;s1 Employer Identification Number 3211 4 Street, NE 53-0196617 Washington. D.C. 20017-1194 Group Exemption Number. 0928 Dear Sir or Madam: In a ruling da March 25, 1946, we held that the agencies and instmmentatities and all edticational, chartable and religious insfiletons operated, supervised, or controlled by or in connection teeth the %MIT Catholic Church in the United States, its ten or possessions appearing in The Offfcial Catholic Viractely 1946, are entaied to exemption from Federal income tax under The provisions of section 101(6) of the Internal Revenue Code 011939, which corresponds ha section 501(cX3) of the 1986 Code. This reling has been updated annually to cover the organizations added b or deleted from the Directory. The Official Catho Directoryfor 2009 shows the names -and addresses 01 all agencies and insbumenteities and all educational, chanlable, and re4gious institutions operated by the Roman Catholic Church in the United States, Its territories and possessions in exist' ence at the time the Directory was published. It is understood that each of these is a non-profrt organization, that no pait of the net earnings thereof inures to the benefit of any incervidual, that no substarrtial part of their activifies is for promotion of legislation, and that none are private foundations under secfica 509(a) of the Code. Based on all informaton submitted, we conclude that the agencies and frishurnentalWes and educational, charitable. and religious institutions operated, supervised, or controlled by or In connection with the Roman Catholic Church in the United States, Its territories or possessions appearing in The Official Catholic Deecrory for 2009 are exempt frorn Federal income fax under section 501(c)(3) of the Code. Donors may deduet contributions e3 the agencies, instumentalites and institutions referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, trans or gifts to them or for their use are deductible for ffezief' al estate and gift fax purposes ff they meet the appricable provisions of sections 2055, 2106, and 2522 of the Code Bsginning January 1, /984, unless speceicalty excepted, you and your subordinates must pay tax under the Federal Insurance Contribution Act (FICA) for each employee who is paid $100 or more in a calendar year, as indexed for inflation, You and your subordinates are not lieNe for the fax under the Federal Ueamployment Tax Act (FUTA)_ 46 The conations concerning the retention of your group exerrpf,on as set forth in our previous determination letter dated August 17, 1983, remain in full force and effect. Sincerely, 6-4143eate Candy Wz. Manager, Exempt Organizations Determinations 47 .t, A 4tr.d.v.........., "Jesus Christ is the same yesterday, today and forever." Heb. 13.8 Ill . . , . +. ■ - .., Ar chdiocese of who Saint Paul and Minneapolis . _. October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, IVLN 55421-2929 Dear Father Kunnel: The Church of the Immaculate onception of Columbia Heights, a Minnesota religious parish corporation, is a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original deteunination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. , . Eisenzirarnei ,_ .- Chancellor for Ci Enclosures 226 STimmir AVENUE . ST, PAUL, MINNESOTA 55102-219748 TEL: (651) 291-4405 . FAX; (651) 290-1629 1 NORTHEAST BANK kl. HE CHURCH OF THE COLUMBIA HEIGHTS, MN - 763-788-9251 MINNEAPOLIS, MN - 612-379-8811 i -,, IIII i IMMACULATE CONCEPT MN ION COON RAPIDS, - 763-784-3533 ..f.A.i Oki' , ,, 1, 4030 JACKSON STREET, NE. YOUR INDEPENDENT. COMMUNITY BANK 1/31/2011 .1 N. WI MUM 1 COLUMBIA HEIGHTS, MN 55421 17-13-910 6 . 2 PAY TO THE ORDER OF City of Columbia Heights - other $ '25.00 tl t Twenty and 00/100 ************************-k******-s*,w********************x**,• ... Lit*********:** DOLLARS to City of Columbia Heights 1 4.....,..„,, MEMO AUTHOR= SIGNATURE Gambling permit HE CHURCH OF THE IMMACULATE CONCEPTION 3 3 3 8 7 City of Columbia Heights - other 1/31/2011 Date Type Reference Original Amt. Balance Due Discount Payment 1131/2011 Bill 25.00 25.00 25.00 Check Amount 25.00 1 k Operations Checking Gambling permit 25.00 . - . 49 . . CITY COUNCIL LETTER Meeting of: 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS f' ITEM: PUBLIC WORKS BLANKET ORDERS FOR 2011 BY K. Hansen BY PURCHASES DATE: February 3, 2011 DATE: Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $15,000. Staff is requesting authorization to process blanket purchase orders for 2011 to cover the items described herein. Analysis /Conclusions: The adopted 2011 Public Works Budget has the following amounts established for: 201 l Budgeted Amounts • De -icing salt for sanding operations $ 44,530 • Fuel for City vehicles $140,295 • Bituminous Asphalt for patching and paving $ 79,357 • Water Stop Box Repairs $ 77,931 Public Works Department purchases de- icing salt off of the State of Minnesota Contract, which is bid for the 2010-2011 winter season for multiple municipalities. The 2010-2011 contract for salt is in effect from June 8, 2010 until June 7, 2011, so the vendor and unit price may change. The current contract supplier is North American Salt Company. In the past, the City has purchased its unleaded and diesel fuel off of the Anoka County Cooperative Purchasing Contract. This year the fuel purchasing is offered as a State of Minnesota Contract, with multiple cities and counties participating. The City will purchase 70% of its fuel off the state contract and the remainder off the lowest available purchasing contract, which in recent years has been Anoka County. For street patching and repairs, staff obtains unit price bids for asphalt materials annually and in 2010, the primary source was Commercial Asphalt. For delinquent accounts and foreclosed properties, the City makes water stop box repairs in accordance with City ordinance. Pricing for curb stop repairs is provided on a unit price basis for a two -year term through 2011. Recommended Motion: Move approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2011 budget amounts for: • De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or Bituminous Roadways or C.S. McCrossan. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. K I-I: bt COUNCIL ACTION: 50 CITY COUNCIL LETTER Meeting of 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR THE BY: K. Hansen BY: 2011 MISCELLANEOUS CONCRETE REPLACEMENT DATE: 2/8/11 DATE: AND INSTALLATION PROJECT The City has an on -going annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works Budget, such as in the Water Fund for the replacement /repairs of concrete removals caused by water main breaks or Street or State -Aid Departments for concrete street panels. Recommended Motion: Move to authorize staff to seek bids for the 2011 Miscellaneous Concrete Replacement and Installation Project. COUNCIL ACTION: 51 CITY COUNCIL LETTER Meeting of 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR 2011 BY K. Hansen B ��/ SANITARY SEWER PIPE LINING PROJECT DATE: 2/8/11 DATE: Background: Public Works annually budgets $125,000 for sewer pipe lining to address pipe deficiencies. Through the sewer lining televising program, utility crews televise and inspect 16,000 — 20,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a history of plugged sewers and /or backups, a determination is made for which pipe segments would benefit from pipe lining. In addition, during 2010, 2011 and 2012, staff is concentrating the lining program in Districts 2 and 3. The sanitary sewer flow in these districts experiences peaks after rainfall events and is subject to annual financial penalties from the MCES. Analysis & Conclusions: Staff is recommending increasing the budget amount to $180,000 in both 2010 and 2011 to accommodate the extra work in these districts. Fifteen (15) segments of Vitrified Clay Pipe (clay tile) are recommended for lining in 2011. Inspection reports have identified significant joint infiltration. Lining will restore pipe integrity and eliminate infiltration at the joints. 1. 1,644 feet of 8" VCP on 6 Street from 40 Avenue to 1 MH north of 42 Avenue, MH35C39 to MH35B37. 2. 1,315 feet of 10" VCP and 330 feet of 8" VCP on 5 Street from 40` Avenue to 1 S ` MH north of 42" Avenue, MH35C35 to MH35B34. 3. 985 feet of 10" VCP and 815 feet of 8" VCP on 4` Street from 40` Avenue to 1 MH north of 42 Avenue, MH35C32 to MH35B71. Recommended Motion: Move to authorize staff to seek bids for the 2011 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. Attachment: Sewer Lining Layout COUNCIL ACTION: 52 E.2 2 t I \ --- 1-1 ,- , _ > Al IQ d, ha k 4,i -1 0 ... .... CA &a w e.4 It, ,„ 1 5 1 L a' g a -"t 441. I i I 1 s : ...14 0 I I € 4 ■., 4 - 0 o o dar . ° ° 8 I 4 " i 1 4 1 t: g I R f 1 111001110 ... . ' F , ' `-', e,,,,o, i A x p 1. - „ ..... . . , 4„................, ,„.. i „, „ , .„,.. ,....., „ , :,.. 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Kt , ta 1 41 KS N.: NI K7 4 3....1 1 > L ,..._[: 1 1,1 1 1 ,..,-.L 1 _ _a-- - II s- i 1 1 i 1 _ I ' 8 tit1.8 818.18t 1 .t , 1 8' It4, . ,- ;8 ' i .41' -.' ....t -. r-, . 1 t , 4, it it ts 0 it tl 0 ° , ".' r i m as 8 8 I ___ _ ,.... c---) - , z -H U) Ir A = A, 2 g 1 '.i.: X , s , . ,-, ■ M M M z --I -I -I - o 1 > 0 z z > ▪ el) x O P3 zmmT 0 -< rnmmm M M M M c • * OD 44. c s - z a 3 ° Ctl 1 . ii; 53 CITY COUNCIL LETTER Meeting of: 2/14/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE CHANGE ORDER NO. 2 AND BY: K. Hansen BY: AUTHORIZE FINAL PAYMENT FOR 2010 STREET DATE: 2/9/11 DA1 REHABILITATION — ZONE 5, PROJECT NO, 1002 Background: The Contractor has completed the 2010 Street Rehabilitation project in Zone 5. The work consisted of partial street reconstruction and overlays with related or special utility construction /replacement. All contract work and punch list items have been completed. Any warranty work required will be done during the 2011 construction season. The City retains a bond from the Contractor for one year past the date of substantial completion (September 2011). Analysis /Conclusions: The final compensating change order, attached, modifies the contract to include quantities in addition to the original contract due to field changes and unknown conditions. All additions to the contract modified quantities only, using the contract bid prices for each work item. The work is detailed on the change order and summarized as follows: Sawing concrete, Common excavation, Aggregate base class 5, Bituminous wear course, and Bituminous patch special. Staff recommends approval of Change Order No. 2. Staff is recommending approval of final payment to North Valley, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to authorize Contract Change Order No. 2 for additional work added to the contract by the City to North Valley, Inc in the amount of $30,307.90 with funding from the appropriate funds. Recommended Motion: Move to accept the work for 2010 Street Rehabilitation, Zone 5, City Project No. 1002 and authorize final payment of $71,503.27 to North Valley, Inc. of Nowthen, Minnesota. Attachments: Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: 54 CHANGE ORDER NO. 2 Project: 2010 Street Rehabilitation City Project: 1002 Owner: City of Columbia Heights Date of Issuance: February 7, 2011 637 38 Avenue N.E. Columbia Heights, MN 55421 Contractor: North Valley, Inc. Engineer: City Engineer 20015 Iguana Street NW, Suite 100 Nowthen, MN 55330 You are directed to make the following changes in the Contract Documents: Description: Staff directed the contractor to modify quantities because of field conditions. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 479,963.73 Previous Change Orders No. 1 to No. 1 Net Change from Previous Change Order: $ 14,970.55 Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 494,934.28 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 30,307.90 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 525,242.18 N/A 1 � Appro6 Approved By: /� , r �� By: C), ngine- (Contractor) City Manager Walt Fehst Mayor Gary Peterson Date of Council Action 55 Attachment to Change Order No. 1 City Project No. 1002 Page 1 Owner: City of Columbia Heights Contractor: North Valley, Inc. Project: 2010 Street Rehabilitation Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: • Item No. 1: Sawing concrete Full concrete panels (joint to joint) were being removed on 37 Avenue to rehabilitate the top sections of the sanitary sewer manholes. The Contractor was having a difficult time removing the panels in a timely manner. Due to the heavy traffic on 37` Avenue, staff directed the Contractor to sawcut at the joints. Costs will be appropriated from sanitary sewer fund. • Item No. 2: Common excavation FDR, LV Three blocks were constructed with full depth reclamation. Approximately 10" of bituminous and underlying gravel were ground up and mixed together. Approximately 6" of this material was left in place on the street as aggregate base material. The excess material was hauled off -site. The excess material is difficult to estimate during the design process. The excess material is measured by truck volume as it is being hauled off -site. Costs will be appropriated from the special assessment and infrastructure funds. • Item No. 3: Aggregate base Class 5 Additional class 5 was used to stabilize the east end of 46` Avenue where the sanitary sewer main was extended, as well as in several of the miscellaneous stone sewer and sanitary sewer construction sites. Costs will be appropriated from the respective utility funds. • Item No. 4: Wear course Wear course in addition to plan quantities was used on the project. For example, staff anticipates approximately 11/4" of bituminous material will remain on the street after the milling is complete. On 46 Avenue, large areas of the bituminous mat crumbled during the milling process. Before the overlay was placed, the Contractor paved a layer of bituminous where the material was missing. Costs will be appropriated from the special assessment and infrastructure funds. • Item No. 5: Bituminous patch special Many times when spot repairs /replacements are made to the sanitary sewer, storm sewer and water main systems, the extent of the work is not known until the utilities are exposed. At several sites, additional patching was required. Costs will be appropriated from the respective utility funds. No. Item Description Unit Quantity Unit Price Total Price 1 Sawing concrete (full depth) L.F. 340 $ 4.06 $ 1,380.40 2 Common excavation FRD, LV C.Y. 450 $ 6.45 $ 2,902.50 3 Aggregate base class 5 C.Y. 235 $ 16.50 $ 3,877.50 4 Wear course Ton 160 $ 58.50 $ 9,360.00 5 Bituminous patch special S.Y. 275 $ 46.50 $12,787.50 TOTAL CHANGE ORDER 2 $30,307.90 Fund: Special Assessment (415) $ 9,987.75 Infrastructure (430) $ 2,274.75 Water (651) $ 3,162.00 Sanitary(652) $ 10,233.40 Storm (653) $ 4,650.00 56 CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. FINAL DATE: February 15, 2011 PERIOD ENDING: November 30, 2010 CONTRACT: 2010 Street Rehabilitation PROJECT NO. 1002 TO: North Valley, Inc. 20015 Iguana Street NW, Suite 100 Nowthen, MN 55330 Phone: 763-274-2580 A. Original Contract Amount $479,963.73 B. Total Addition $45,278.45 C. Total Deduction $0.00 D. TOTAL CONTRACT AMOUNT $525,242.18 E. TOTAL VALUE OF WORK TO DATE $525,112.59 F. LESS RETAINED (0%) $0.00 G. Previous Payment(s) -$453,609.33 H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER $71,503.27 I. TOTAL PAYMENTS INCLUDING THIS VOUCHER $525,112.59 APPROVALS Pursuant to our field observations, I hereby recommend for payment the above stated amount for work performed through November 30, 2010 . Signed by: AA E K6vin/Hanser, Works Director/City Engin( Date Signed by: North Valley, Inc Date 57 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2010 STREET REHABILITATION PROJECT ZONE 5 CITY PROJECT NUMBER 1002 February 9, 2011 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 North Valley, Inc. The work consisted of partial street reconstruction and street overlays, with related or special utility construction/replacement. 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 $ 479,963.73 CHANGE ORDERS $ 45,278.45 FINAL CONTRACT AMOUNT $ 525,242.18 FINAL WORK APPROVED $ 525,112.59 ALL PRIOR PAYMENTS ($ 453,609.33 BALANCE DUE $ 71,503.27 Sincerely, C ITY OF C 11 UMBIA HEIGHTS V J 7° dik. v -- K vi R. ansen City Engineer 58 CITY COUNCIL LETTER Meeting of February 14, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY Gary Gorman BY: Licenses NO: DATE: February 7, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for February 14, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 59 COLUMBIA HEIGHTS Print Rental Licenses to f I FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706-81 - Fax: 783 -706 -8151 10072 215 44TH AVE NE Major, Oliver F10755 100 215 44TH AVE NE $150.00 Columbia Heights, MN 55421 10216 4804 4TH ST NE Gebrewold, Yonas F10759 100 9080 Juneau Dr. $150.00 Woodbury, MN 55125 10250 1000 41ST AVE NE Kociscak, William F10770 100 6988 137th Ave. NW $150.00 Ramsey, MN 55303 12003 5103 6TH ST NE Dostaler, Mark F10771 100 5101 6th Street N.E. $ 150.00 Columbia Heights, MN 55421 20008 4506 FILLMORE ST NE Zhou, Chen F10747 100 6293 Peony Lane $ 150.00 Maple Grove, MN 55311 20192 607 38TH AVE NE Falcon Estates, LLC F10737 1050 11430 Keyon Ct. N.E. $ 150.00 Blaine, MN 55449 30028 5100 6TH ST NE Jones, Douglas F10739 100 2505 Silver Lane $ 458.00 St. Anthony, MN 55421 Total # of Licenses 7 02/07/2011 12:25 Page 1 60 CITY COUNCIL LETTER Meeting of February 14, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO DATE: February 9, 2011 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the February 14, 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 February 14, 2011 as presented. COUNCIL ACTION: 61 TO CITY COUNCIL February 14, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG *Baxter Mechanical PO Box 591, Elk River $60 *Weld & Sons Plumbing Co 3410 Kilmer Ln N, Plymouth $60 *Harris Co 909 Montreal Cir, St Paul $60 *LBP Mechanical 315 Royalston Ave, Mpls $60 *L & L Mechanical 1015 157 St, Lakeville $60 *Centerpoint Energy 9320 Evergreen Blvd, Coon Rapids $60 Residential Htg & Air 1815 E 41 St #1, Mpls $60 *Doody Mechanical 1301 L'Orient St, St Paul $60 *Liberty Plumbing 925 227 Ave, Oak Grove $60 *Justen Plumbing Inc 6830 MacBeth Cir, Woodbury $60 *Adam's On Time Plumbing 13791 Jonquil Ln N, Dayton $60 *MN Tree Surgeons PO Box 1038, Delano $60 *Central MN Tree 480 Rice Creek Blvd, Fridley $60 *S & S Tree Spec 405 Hardman Ave, So St Paul $60 *A Fresh Cut Tree 8195 128 Ave, Clear Lake $60 62 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 14, 2011 . 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 137834 through 138093 in the amount of $ 2,895,343.45 . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 63 U) W * * * * * H 0 * * • g * * U pa * * H rx * * W W * * > * 4 ' 0 * •.0 U * * 1-1 * * (Y) 0 * * O * * _,< * .-1 t * * a 0 0 * * 0 >4 U > * * I * * 44 C!) 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W H .u000000cn0cna3cn000H ( J Kt w 44 0 H Ca L FE'-: u1\ Z 0 i H Hd 1 NOHO L1)0H 01d , H0)101000 0100 0ri001 01Hd 0H010H0) N Z Z I UN 1 0 00H d l0N rA d' 'V'dld+NNN000000 OHNM d' O O OO O M 09 01 Lf1 O N co co CO 00 O Q,'O G, G, I H 00 00 0 00 en 01 00101 en 01 09 C9 CV Ci 7T 10 10 10 10 10 1OLD 1010N 0000 co co c0 H (Y1 0) CO H 0 0 Cu H Wg x CJ W PI 0 6 O 00 U W u) R' 000 N ° aa H C7 C7 U 0 H Ln Ln z <i M r') Sa W =:1 O Lf1 1.11 U) 0 0] s (� N N U Q) U H W N O H •• U u) r U m •• cn H CJ H P W U N W H \ (Y wo o m COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 14, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinance 1588, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Driveways. DATE: February 9, 2011 BACKGROUND: At this time, City Staff is proposing an ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. The amendment would allow for driveways to be placed as close as one (1) foot from the side lot line for those lots less than 60 feet in width, and as close as three (3) feet from the side lot line for those lots greater than 60 feet in width. The sole intention of proposed Ordinance 1588 is to allow residents who have a lot less than sixty (60) feet in width to located their driveway as close as one (1) foot to the side property line. This will enable residents to store vehicles more easily on their property and will allow for easier access to detached garages in some instances. Staff will look into the possibility of requiring permits for driveways, and will bring a report to the City Council at the February 7, 2011 Work Session meeting. This report will include possible permit fees, the relationship between the proposed permit fees and the Shoreland Overlay District, and what the Building Official will inspect when conducting the necessary building inspections on driveways. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on January 4, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 2 -1 vote at the meeting. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1588, being ample copies available to the public. Move to adopt Ordinance No. 1588, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to driveways within the City of Columbia Heights. Attachments: Draft Ordinance 1588 (2" Format), P +Z Report COUNCIL ACTION : 74 ORDINANCE NO. 1588 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO DRIVEWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (L) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. (7) Design and maintenance of parking facilities. Off - street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. (7) Design and maintenance of parking facilities. Off - street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Except for one -, two -, three- and four - family residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two -, three- and four - family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a Conditional Use Permit. 75 (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Previously numbered Sections 9.106 (L)(7)(h -1) should be renumbered accordingly. Chapter 9, Article I, Section 9.109 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (g) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (F)(3) of the Columbia Heights City Code, is thereby amended to read as follows:. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (j) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (G)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple- Family Residential District. 76 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -3, Limited Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (o) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (H)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (q) Joint driveway use between adjoining property owners. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: January 10, 2011 Second Reading: January 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 77 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0102 DATE: January 4, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Driveways PREPARED BY: Jeff Sargent, City Planner BACKGROUND At this time, City Staff is proposing an ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. As part of this process, staff will also look into the possibility of requiring a building permit for the construction or reconstruction of future driveways. The justification is to enable staff to determine whether the placement of driveways on residential properties meets the minimum setback requirements, as well as allowing staff to better monitor the impervious surface area calculations for those properties located in the Shoreland Overlay Districts. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the setbacks and locations of residential driveways within the city. The proposed changes include: 78 City of Columbia Heights Planning Commission January 4, 2011 City of Columbia Heights, Driveways Case # 2011 -0102 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or Tess, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between neighboring property owners shall require a Conditional Use Permit. 4. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. 5. In all zoning districts, driveways shall be no Tess than twelve (12) feet in width. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all residential properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Page 2 79 City of Columbia Heights Planning Commission January 4, 2011 City of Columbia Heights, Driveways Case # 2011 -0102 Not applicable. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 3 80