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Home My WebLink About05/23/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.ci.culumhia- hei . hts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 23, 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. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Chaplain Crest View Senior Communities 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. Columbia Heights Library - Buddy Up and Read with a Friend program B. Presentation of citizens award C. Retirement of POC Firefighter Steve Hall D. Allina presentation of Stork awards 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 City Council meeting minutes p6 MOTION: Move to approve the City Council meeting minutes of April 25, 2011 B. Accept Board and Commission meeting minutes MOTION: Move to accept the February 23, 2011 Park and Recreation Commission meeting p18 minutes. MOTION: Move to accept the April 21, 2011 Charter Commission meeting minutes. p22 C. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement and CHHS Overtime from General Fund to Police Dept Overtime Line Items #1023 (OT Other)and #1020 p32 MOTION: Move to transfer the following from the General Fund to the Police Department 2011 Budget: the $3,161.19 received as reimbursement under the JAG grant be transferred to line item #1023 Overtime Other, and the $231.25 received from CHHS be transferred to line item #1020, Overtime. 3 City Council Agenda Monday, May 23, 2011 Page 2 of 3 D. Approve permits for 2011 Jamboree MOTION: Move to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 21 through Sunday, June 26, 2011. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be head on Friday, June 24, 2011 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. MOTION: Move to authorize fireworks at dusk on Saturday, June 25, 2011 and to waive the Fire Department fireworks display permit fee. E. LED Sign for Top Valu Liquor Store at 37th and Hart MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Hoeft Signs for the installation of a digital sign at the liquor store on 37th and Hart based on their price quotation of 05/03/2011. F. City Hall Digital Sign RECOMMENDED MOTION: Move to direct staff to prepare a landscaping plan for the corner of 40th and Jefferson that would include a digital monument sign. ALTERNATE MOTIONS: Available on City Hall Digital Sign Council Letter G. Final payment for sanitary sewer lining, Project 1004 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1004, and to authorize final payment of $38,945.60 to Visu- Sewer, Inc. of Pewaukee, Wisconsin. H. Adopt Resolution 2011 -37, being a Resolution authorizing the cleaning and lining of 4,199 lineal feet of water main under the Minneapolis 2011 program, City Project No. 1103 MOTION: Move to waive the reading of Resolution 2011 -37, there being ample copies available for the public. MOTION: Move to adopt Resolution 2011 -37 which accepts the Feasibility Report for the 2011 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,199 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2011. I. Agreement with ISD #13 for funding contribution for Ramsdell Park MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Independent School District #13 for funding of Alternates A3, 4, 5, 7, 10 and 11 in the amount of $85,036; and providing construction access to ISD 13 property for the Ramsdell Park Improvement Project. J. Approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for May 23, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 23, 2011 as presented. 4 City Council Agenda Monday, May 23, 2011 Page 3 of 3 L. Review payment of bills p58 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 138968 through 139135 in the amount of $902,178.11. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2011-32, 4625 Tyler Street N.E., 2011 -33, 4633 Tyler Street N.E., 2011-34, p66 4124 5th Street N.E., 2011 -35, 4932 4th Street, and 2011 -36, 1231 -33 Circle Terrace Blvd. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -32, 33, 34, 35, and 36 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2011 -32, 33, 34, 35, and 36 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. B. Second Reading of Ordinance No. 1600 Pertaining to Chapter 8, Sections 75 through 86, Local p77 Improvements and Special Assessments and Ordinance No. 1601 Pertaining to Chapter 6, Section 56. Purchases and Contracts MOTION: Move to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. MOTION: Move to adopt Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager 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 7 Walter R. Fehst, City Manager 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 9, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 9, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Senior Pastor Rev. Ruth Hograbe, Community United Methodist Church gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to remove items E, F, and I under the Consent Agenda for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Metropolitan Council member Lona Schreiber introduced herself stating that she represents District II: Anoka County cities of Columbia Heights, Fridley, Hilltop, and Spring Lake Park, and Hennepin County cities of Brooklyn Park, Brooklyn Center, Osseo, and Robbinsdale on the Council. She listed her background and service. Schreiber stated that she is one of the 15 new members on the Met Council. Schreiber stated that she serves on the Transportation and Environmental Service s committees and reviews Comprehensive Plans. She referred to their budget and indicated that only nine percent comes from property taxes. Schreiber gave a handout on the Metropolitan Council's activities, goals, and upcoming improvements. She referred to transit safety and water issues, including phosphorus pollution. Columbia Heights has accessed the Livable Communities Fund. Schreiber referred to possible State cuts to transit funding. There will be redistricting in 2012. Nawrocki commented that he has known Ms. Schreiber since she was a leeislator and knows her genuine concerns for the citizens. She will do an excellent job as our representative. Peterson stated that we look forward to working with Ms. Schreiber. Announcements by Mayor Peterson: • Community Prayer Breakfast — Wednesday, May 11, 2001 — 7:00 a.m. to 8:45 at Murzyn Hall - $20. The theme is to honor our service men and women. • Sister City fundraiser at the Heights Theater — A Song To Remember — Sunday, May 15, 2011, 2:00 p.m. - $10. • St. Timothy's Lutheran Church monthly free Community Dinner — second Tuesday of the month 5:30 — 6:30 p.m. The next dinner will be on May 10. • National Stamp Out Hunger Letter Carriers food drive, Saturday, May 14, 2011. Place canned or non - perishable food items by your letter box before the carrier arrives. Nawrocki reported on the NorthStar Corridor meeting held last week. There are ridership increases, but cost subsidies are about $20 for each rider. The Twins games draw ridership. Discussion included how to increase ridership at the Fridley station. They will give free passes in some areas. Nawrocki suggested they put information in our newsletter. Diehm asked if the $20 subsidy is based on the fact that the trains are not full, and if the subsidy goes down as ridership increases. Nawrocki stated yes. It is the cost of the service, minus ridership fees. 6 City Council Minutes Monday, May 09, 2011 Page 2 of 12 Nawrocki referred to his "being cut off when speaking ". All five Council members are entitled to their own opinion. He referred to our debt service for the liquor stores, public safety building, and Murzyn Hall. It is important to keep these obligations in mind when adding expenses. Peterson spoke of the fundraiser held last Sunday for injured Marine Derek Goodrich. He stated that Columbia Heights supports their people. There was a silent auction, food, and entertainment. He commended Lori Ross and Jeff's Bobby and Steve's for their organization of the event. Everything was donated and over $27,600 was raised for this Marine. Peterson thanked everyone that donated to or volunteered at the event. CONSENT AGENDA City Manager Walt Fehst took Council member through the remaining Consent Agenda items. A. Approve City Council meeting minutes Motion to approve the tabled City Council meeting minutes of April 11, 2011. Motion to approve the City Council meeting minutes of April 25, 2011. Motion to approve the continued Board of Equalization meeting minutes of April 25, 2011. B. Accept Board and Commission meeting minutes Motion to accept the February 22, 2011 minutes of the EDA. Motion to accept the April 4, 2011 minutes of the EDA. Motion to accept the January 25, 2011 minutes of the HRA. Motion to accept the January 11, 2011 minutes of the Planning & Zoning Commission. Motion to accept the April 5, 2011 minutes of the Planning & Zoning Commission. Motion to accept the May 3, 2011 minutes of the Planning & Zoning Commission. Motion to accept the April 6, 2011 minutes of the Library Board. C. Adopt Resolution 2011-31, being a Resolution regarding the 2011-2012 LELS Labor Agreement- Sergeants Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2011-31, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2011 - December 31, 2012. D. Accept bids and award contract for Library replacement of rooftop units Motion to accept the bids and award a contract to NAC Mechanical and Electrical Services in the amount of $20,663 and add alternate 1 in the amount of $780, for a total contract award of $21,443; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki questioned where funds for the add -on would come from. Becky Loader, Library Director, stated it will come from money that was set aside in fund 411 for doors that will not be replaced this year. There will also be an energy rebate of about $1,500 and yearly energy savings. E. 37th and Central Development Agreement - removed F. Approve development of a new City Website - removed G. Approval of the attached list of rental housing licenses. 7 City Council Minutes Monday, May 09, 2011 Page 3 of 12 Motion to approve the items listed for rental housing license applications for May 9, 2011 in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 9, 2011 as presented. I. Approve payment of the bills Motion by Williams, second by Schmitt, to approve the Consent Agenda items with the exception of items E, F, I. Upon vote: All ayes. Motion carried. E. 37th and Central Development Agreement Scott Clark, Community Development Director, stated that in June of 2008 the City Council and the EDA entered into an agreement with Central LLC. Lots were purchased and put together for a strip shopping center. This project is no longer viable. The developer has worked with the EDA to come up with the right proposal to meet the city's standards and guidelines. We have amended the agreement to a 7,600 sq. ft. retail facility to house O'Reilly Auto Parts. This will be reviewed by Planning and Zoning Commission. The agreement includes an extension to October 1, 2011. It was voted on unanimously at the last EDA meeting. Nawrocki indicated neighbor's concerns about noise and dust from the unpaved lot. He would like to see the dates moved up to take care of this issue. Williams stated that a couple of years ago we turned down a development because it was auto related. Now with current economic conditions, we feel it is best to move forward. Clark stated that this business is moving from a leased space to purchase a space in our community. Motion by Williams, second by Schmitt, to approve the Amended and Restated Contract for Private Redevelopment by and between the Columbia Heights Economic Development Authority and the City of Columbia Heights and 37th and Central LLC dated May 2, 2011. Upon vote: All ayes. Motion carried. F. Approve development of a new City website Nawrocki stated that this was not budgeted at the beginning of the year and is being added. There was a lot of time spent on this, but the present system is working fine. Diehm indicated her support of this project. Our web site is behind the times and it is becoming more common to get city information from our web site. This will provide many things like calendars, handouts, and future registration for park activities. Each department will update their services. Williams stated that one of the most important things brought up in the discussion about a new web site, was the fact that people look at our city web site to see what kind of a city we have when they consider moving here. It is the new information age. Williams stated he would support the vote to encourage people to move here. Schmitt stated this site would show those outside of the city what we have to offer. A future plan for the web site includes streaming City Council meetings. Many residents no longer have access to view the meetings without the free Comcast service. 8 City Council Minutes Monday, May 09, 2011 Page 4 of 12 Motion by Diehm, second by Williams, to authorize the Mayor and City Manager to enter into an agreement with CivicPlus for the development of a new city website and provide ongoing supportive services, based on their proposal of March 16, 2011. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Motion by Diehm, second by Williams, to appropriate $35,000 in the Cable TV fund to cover the first year expenses of developing a new city website. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. I. Approve payment of the bills Nawrocki questioned check #138859 to EDS Builders and asked if this payment was in addition to the original work done at the Public Service building. Fehst stated that they continue to monitor items that have issues at the building, such as the heating system. The original agreement did contain wording for this. Motion by Diehm, second by Williams, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138794 through 138967 in the amount of $1,468,196.17. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. First Reading of Ordinance No. 1600, being an Ordinance Pertaining to Chapter 8, Sections 75 through 86. Local Improvements and Special Assessments and Ordinance No. 1601, being an Ordinance Pertaining to Chapter 6. Section 56, Purchases and Contracts Jim Hoeft, City Attorney, stated the Charter Commission has been going through the Charter to make it a more comprehensive document and bring items up to date. This ordinance refers to the City's local improvement and special assessment projects. This is referred to as a statutory override. However, the City can have its own means of doing special assessments. The Charter Commission decided it would be prudent to give the Council, in the Charter, the authority to do local improvements and special assessments as it relates to existing State Statutes. This does not refer to the specific 429 Statute, in case that number would change. Nawrocki stated that he asked to receive a copy of Statute 429, but has not received it. Our Charter offers some protection to the community for them to receive information on assessments. Hoeft stated that Statute 429 is what the City has been following. Nawrocki stated he thought we were following the Charter. Hoeft stated that the Charter mimics the Statute verbatim. Motion by Williams, second by Diehm, to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. Motion by Nawrocki to table the first reading of Ordinance No. 1600 to the next regular meeting. Peterson called for a second. Schmitt questioned why he wanted this tabled. Nawrocki indicated that he wants a copy of State Statute 429. Diehm stated there would be a second reading of this at the next regular meeting and he can receive the information prior to that meeting. Motion died for lack of a second. Vote on the original motion: All ayes. Motion carried. 9 City Council Minutes Monday, May 09, 2011 Page 5 of 12 Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. Nawrocki stated that he wants a copy of the Statute and that he has never heard of it before. Hoeft stated that it is referenced in improvement hearing documentation. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Adopt Ordinance No. 1596. Amending Chapter 4, Section 28A, Pertaining to the Primary Election; Ordinance No. 1597. Amending Chapter 4, Section 33, Pertaining to Canvas of Elections: and Ordinance No. 1598, Amending Chapter 7, Section 70, Pertaining to Taxation and Finance (Receipts Go to the City Treasurer) Motion by Diehm, second by Williams, to waive the reading of Ordinance Nos. 1596, 1597, and 1598, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1596, being an ordinance amending Chapter 4. Section 28A, of the Charter of the City of Columbia Heights pertaining to the Primary Election. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams. to adopt Ordinance No. 1597, being an ordinance amending Chapter 4, Section 33, of the Charter of the City of Columbia Heights pertaining to Canvas of Elections. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Taxation and Finance (Receipts to go to City Treasurer). Upon vote: All ayes. Motion carried. 2) Adopt Ordinance No. 1590 pertaining to weed removal, Ordinance No. 1591 pertaining to public nuisance. and Ordinance No. 1592 pertaining to property maintenance. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No. 1590, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding weed removal. Nawrocki questioned what constitutes a public nuisance. Fire Chief Gary Gorman stated there was a resolution passed that declares public nuisances. He listed some examples. There is also a public nuisance section in the City Code. Nawrocki requested a copy of the public nuisances. He questioned if this includes garbage and screening. Gorman indicated that was discussed, but is not part of this ordinance. Nawrocki questioned if screening requirements would include City Hall. Gorman stated it would. Nawrocki questioned requirements for criminal background 10 City Council Minutes Monday, May 09, 2011 Page 6 of 12 checks for apartment owners. Hoeft indicated that the background check shows criminal history, convictions, and offenses. Nawrocki asked if this precludes them from renting. Hoeft stated the check is so owners are aware if there is a history and does not stop them from renting to the person. Nawrocki stated that our police department will no longer do criminal history checks and questioned the cost of the check. Hoeft stated this check can be done on the county's computers through the MINSA State record system, which is a free service. Diehm indicated that the motion on table is for the weed ordinance. Schmitt questioned page 163 — item C, if the violation stays with the property rather than the owner. Gorman stated that it stays with the property and explained the procedure for chronic violations. Schmitt questioned if the new owners are notified. Gorman indicated the process to locate the new owners, but sometimes the information has not caught up with the system. Schmitt asked if this eliminates the notice by mail. Gorman stated it will not; we want to be able to post the property as the legal notice. Schmitt stated she requested statistic information, which she received and relayed. Gorman stated the frustration is people waiting for us to post their property before they will consider cutting their grass. Diehm indicated that in the rare instance a fee is imposed incorrectly, the property owner can come to us and explain the situation. Anything to make the process go faster is good, so neighbors do not have to put up with tall grass. Gorman explained the process of title companies doing special assessment searches. They are responsible if the special assessment is not disclosed. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1591, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding public nuisance. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1592, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding property maintenance. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager — nothing to report Nawrocki referred to discussion at the last meeting regarding Auto World auctions and indicated he would like to see a written agreement to move the location or reduce the traffic and parking problems. Fehst stated that the owner was present and will work with the police and neighbors to relieve parking congestion. Report of the City Attorney — nothing to report. CITIZENS FORUM Rose Rivers, 4224 Jefferson, indicated her pleasure that the city is getting a new web site. They went 11 City Council Minutes Monday, May 09, 2011 Page 7 of 12 to the site when they looked to move here and could not get the information they wanted and had to call the city. Rivers stated that she came to speak on her support for the community garden at 4235 Washington. 14 neighbors are in favor and 1 person opposes it. She indicated her belief in strong community support and involvement and indicated her desire to be involved in the community garden again this year. Rivers spoke of cooperation and good deeds done by her neighbors. This is her way to give back to her community. She reminded everyone that the voices that speak the loudest are not the voices of everyone. Nawrocki stated that he had conversations with the woman next door opposed to the garden. This year planter boxes will be used. There is concern to keep the ground cover maintained on the rest of the lot. Rivers indicated that some people do not help, they only complain. More people are in favor of this project than oppose it. Peterson stated that before this garden was put in, the lot was rugged and full of rocks. That is why elevated garden boxes will be put in place. It is not a park. We are pleased to see the neighborhood will give this a go for another year. ADJOURNMENT Peterson reminded everyone that the month of May is service men and women appreciation month. If you see them, shake their hand and thank them for their service. This will culminate with a Memorial Day service at 11:30 a.m. on May 30, 2001 at City Hall sponsored by VFW Post 230. Peterson asked everyone to remember our service men and women. Don't take yourself too seriously and do a random act of kindness. Peterson adjourned the meeting at 8:25 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2011 -31 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Law Enforcement Labor Services, Local 342, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2011 and 2012. WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2011 and 2012 for LELS, Local 342 - Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. ORDINANCE NO. 1596 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28A OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE PRIMARY ELECTION The City of Columbia Heights does ordain: Section 1: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights is herewith amended to read: 12 City Council Minutes Monday, May 09, 2011 Page 8 of 12 Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1597 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 33, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CANVAS OF ELECTIONS The City of Columbia Heights does ordain: Section 1: Chapter 4, Section 33, of the Charter of the City of Columbia Heights is herewith amended to read: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1598 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 70, OF THE CITY CHARTER PERTAINING TO TAXATION AND FINANCE The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 70, of the Charter of the City of Columbia Heights is herewith amended to read: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. (Ordinance No. 1086, passed June 11, 1984) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1590 BEING AN ORDINANCE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article 11, Section 3 (4.203) Is Herewith Amended to Read As Follows: § 4.203 WEED REMOVAL 13 City Council Minutes Monday, May 09, 2011 Page 9 of 12 (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be posted on the property, served personally, or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner /property for costs. (C) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1591 BEING AN ORDINANCE PERTAINING TO PUBLIC NUISANCE The City of Columbia Heights does ordain: Chapter 8, Article II, Section 6 (8.206) Is herewith amended to read as follows: § 8.206 ABATEMENT (A) Notice. (1) Except for those cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. (2) if the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order an emergency abatement of the nuisance. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. (D) Immediate abatement. The City Council may, by resolution, identify specific violations of City Code as a public nuisance in which an immediate abatement shall occur. (I) Whenever the officer charged with enforcement determines that such public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. Such notice may be posted on the property, served personally, or may be served by mail. (2) The notification shall state that the city will take appropriate remedial action to abate the public nuisance upon expiration of the prescribed notice, with a charge to the property owner /property for costs. 14 City Council Minutes Monday, May 09, 2011 Page 10 of 12 (3) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with subdivisions (1) and (2) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future public nuisances without providing additional specific notice of the public nuisance. (E) The city shall cause the removal or other prescribed action of any public nuisances located on public property; or on private property, upon expiration of the prescribed notice to the owner. (F) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1592 BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter 5A, Article II, Section 5 (5A.205) Is herewith amended to read as follows: § 5A.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING (A) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (B) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, and appliances shall be placed in accordance with Chapter 4, Article VII and Chapter 8, Article III of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 4, Article VII and Chapter 8, Article III of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 609.675. (D) Container storage. The storage of garbage and recycling, and their containers. is not allowed in any public area inside of structures unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code. (E) Screening. Screening shall conform to § 9.106(C)(5) of city code, which is incorporated herein by reference. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 2 (5A.402) Is herewith amended to read as follows: § 5A.402 OCCUPANCY LICENSE PROCEDURES. (A) Thirty days after the passage of this chapter, the owner of any premises within the city not previously licensed, or, the owner of any premises whose license expires subsequent to said 30 days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer and a copy of the most recent Articles of Incorporation is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In nonresidential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off - street parking spaces available. (7) Name and address of person to whom owner /applicant wishes a letters /notices to be sent for purposes of § 5A.304(A). (8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access numbers to be used in emergency situations and emergency maintenance and repair. The owner must provide the city with any contact information changes occurring within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (9) Such other information as the administrative service shall require. The information may include, but is not limited to tenant lists which include tenant's name, unit, and identifying information (such as date of birth and driver's license number). (10) The owner must submit verification that the crime free /drug free and disorderly use language required by § 5A.410 is contained in the licensed property tenant lease or leases. (D) Failure to complete, in full, the required license application shall be grounds for denial of the license. (E) Dwellings for hire where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter - in -law, son -in -law, parent, stepparent, parent -in -law, grandchild, grandparent, brother, brother- in -law, sister, sister -in -law, aunt or uncle are eligible for a family exemption per the Property Maintenance Code Inspection Policy. 15 City Council Minutes Monday, May 09, 2011 Page 11 of 12 The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 10 (5A.410) Is herewith amended to read as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CRIME FREE /DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free /drug free and disorderly use language: (1) Crime free /drug free. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug- related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug- related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug - related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly use. (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12- month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party. or involving imminent or actual serious property damage. DRUG RELATED CRIMINAL ACTIVITY. The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non - exclusive remedies. (a) The crime free /drug free and disorderly use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the crime free /drug free provisions of subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property within the City of Columbia Heights with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten days of receipt of the notice with an action plan to prevent further disorderly use violations. (F) If a third disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property with an evicted tenant within the City of Columbia Heights for a period of one year after the eviction. 16 City Council Minutes Monday, May 09, 2011 Page 12 of 12 (G) The provisions of divisions (C), (D), (E) and (F) herein do not apply if the determination that the premises have been used in violation of the crime free /drug free provisions of subdivisions (A)(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 11 (5A.411) Is herewith amended to read as follows: § 5A.411 BACKGROUND CHECKS. Criminal Background Check Required. The city of Columbia Heights is interested in Rental Property Owners being well informed about a prospective renter's past criminal history, regardless of whether or not the owner decides to enter into a lease with the prospective tenant. Therefore, the licensee shall conduct criminal background checks on all prospective tenants. The criminal background check must include the following: a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last seven years. The checks must be done by utilizing the most recent update of the Minnesota Bureau of Criminal Apprehension's criminal history files; b) A statewide criminal history check from the prospective tenant's previous state of residence shall be conducted if the tenant is moving directly from the previous state; c) A criminal history check of any prospective tenant in their previous states of residence shall be conducted covering the last seven years if they have not resided in Minnesota for three years or longer; d) A statewide (Minnesota) court history check of all prospective tenants covering at least the last seven years. This check, which includes Unlawful Detainer actions, can be done utilizing the most recent update of the Minnesota Judicial Branch Trial Court Public Access database. Any company that the licensee contracts with to conduct criminal history checks must meet the same standards established above. Documentation of the criminal background checks must be kept on file by the property owner for the length of the tenant's lease. The lessee must display documentation of the background check upon request by the police department, If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in city code section 5A.408. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 17 City of Columbia Heights Park and Recreation Commission February 23, 2011 Eileen Evans called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans; Justin Grussing; Kevin McDonald; David Payne; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director /City Engineer; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary; Gary Peterson, Mayor APPROVAL CONSENT AGENDA Motion by Stroik, second by McDonald, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Letter of request for a discounted rental rate of Murzvn Hall for the Anoka County Historical Society. Evans asked if the people involved are from Columbia Heights. Peterson indicated that the Historical Society is a 501C3 group. Windschitl replied that there will be a charge for this event, there will not be a full meal but some kind of snacks or appetizers. There will need to be cleaning after the event as there is a rental the next day. Stroik asked if the group is asking for a free rental. Evans responded that we always charge for an entry fee and staff time. Windschitl replied that the $50 entry fee and the $20 per hour fee will cover staff costs. Stroik asked if by having an event like this we would be providing employment for a City staff person who otherwise would not have a job that evening. Windschitl replied that yes there would be a staff person for the event. When there are not any events in the evening we do not have staff on, however if this event was not taking place there could be a possible full rental that would also require staff. Stroik responded that by some times allowing these types of events we are supplying some kind of income to an employee of ours. McDonald indicated that with this date so far out it could possibly be rented for a full event. Stroik asked if we could include additional hours on an event like this for cleaning time following the event. Windschitl replied yes. Motion by McDonald, second by Grussing, to allow the Anoka County Historical Society to use Murzyn Hall on Friday, October 7, 2011 with the requirement that they leave the facility in good condition. clean after the event and pay a fee of a $50 entry fee and a rate of $20 per hour of use. Additional charges may be added if cleanup is needed the following day. Upon vote: All ayes. Motion Carried. B. Letter of request for a late rental time of 2:00 a.m. on Friday, April 22, 2011. Windschitl indicated this group is renting both Friday and Saturday and will not have any alcohol during either event. In the past we have allowed rentals past 1:00 a.m. when there has not been any alcohol being served. Stroik indicated that if they want to stay 18 Park & Recreation Commission February 23, 2011 Page 2 until 2:00 a.m. we should have a security officer on duty. Windschitl replied that the security company requires a four hour minimum. Motion by Grussing, second by Payne, to allow the group to stay until 2:00 a.m. with the renter covering the cost for a 4 hour minimum security officer or if they do not want to pay for that they must be done by 1:00 a.m. Upon vote: All ayes. Motion Carried. C. Letter of request for an open bar reception on Friday, September 30, 2011. Windschitl indicated this will be a responsible bar with a guest list under the 275 maximum, using responsible bartenders to serve the alcohol. Motion by McDonald, second by Stroik, to accept the request and allow an open bar for Friday, September 30, 2011. Upon vote: All ayes. Motion Carried. D. Letter of request for a discounted rental rate of Murzyn Hall for a fundraising event on a Friday evening in April 2011 from 6:00 p.m. until 11:00 p.m. Windschitl explained this is a request to hold a fundraiser at a reduced rate to fund a documentary project following a World War II veteran's return to France and the story of his life while fighting in France. The documentary "As promised" will follow this veteran's journey back to France sixty -seven years after experiencing victory in war, but defeat in love. He indicated that this request does not involve a resident of Columbia Heights and that they do not appear to be a non -profit group. He suggested offering another day of the week like a Wednesday night when the main hall is empty at a reduced rate. Stroik suggested offering the resident discount rate on the Friday evening due to the shorter time of use for the event. Motion by Payne, second by Grussing, to offer the resident discount of 25% off the rental rate on the Friday evening or the $50 entry fee and $20 per hour of use if used on a week night where the hall is available. Upon vote: All ayes. Motion Carried. E. Request for a discounted rental of Murzyn Hall for a fundraiser on a Sunday afternoon. Peterson informed the Commission that Marine Corporal Derek Goodrich, a graduate of Columbia Heights High School and employee of Jeff, Bobby & Steve's was injured in the line of duty. Goodrich lost his right arm and suffered extensive injuries to both legs. The fundraiser would be on May 1 from 1:00 - 8:00 p.m. Windschitl replied that the fee could be waived or reduced as long as the group cleans after the event. Evans asked if JPM staff would be needed during the event. Windschitl replied yes. Payne indicated approval for waiving the rental fee but feels that the staffing costs should be covered. Stroik and Evans agree with covering the cost for staff. Motion by Payne, second by McDonald, to waive the rental fee but to charge for staff time during the event. Upon vote: All ayes. Motion Carried. 19 Park & Recreation Commission February 23, 2011 Page 3 OLD BUSINESS A. Ramsdell Park: Final Plans Hansen stated that he attended the Columbia Heights School Board Meeting presenting the elements and funding costs for the Ramsdell Park improvements. Superintendent, Kathy Kelly, indicated that they have budgeted money for items such as expanding the parking lot, complete ball field fencing, bleachers, score board, a drinking fountain and a few other possible items. Hansen indicated the parking situation on Johnson Street has been reworked from the original plans to provide more reaction space when baking out of the parking stall. The stalls will be 30 feet deep and cars will not need to back into the other lance of traffic. He stated the park building will not be removed. Evans asked if the proposed increased use of the field for the School District athletic programs would interfere with the Recreation program use. Windschitl replied that by having the School District use Ramsdell Park it would free up a field at Huset Park so it would not interfere. It would be a win — win situation for both the City and the CH School District. Windschitl asked if the increased parking stalls would affect the field size. Hansen replied no and that there would be 32 additional parking stalls. Peterson indicated that Superintendent Kelly complimented Hansen on a job well done during the presentation to the School Board. The School District is happy to get another home sports field. Motion by Stroik, second by Payne, to recommend for the City Council to approve the Ramsdell Park Final Plans and for approval to seek bids. Upon vote: All ayes. Motion Carried. NEW BUSINESS None at this time. REPORTS A. Recreation Director Windschitl indicated that since the Murzyn Hall roof has been cleared of snow there have not been any new leaks. The preschool teachers that teach at Murzyn Hall are retiring at the end of this school year and the School District has indicated that they will be moving the preschool program out of the building. The District feels that having preschool programs at North Park and the Family Center will better accommodate families within the area. Windschitl indicated the City Manager would like to look into renting the space out that is currently used by the District's preschool program. Windschitl stated that the State Elevator Inspector noted several deficiencies throughout the City during a recent inspection. Staff is working on getting prices for repairs and is also seeing what work can be done internally. 20 Park & Recreation Commission February 23, 2011 Page 4 B. Public Works Director /City Engineer Hansen reported that the pedestrian bridge is near completion. The lighting should be up next week along with the remade panels and railings. Hansen stated the skating rinks have closed for the season. C. Commission Members Payne asked on the status of the memorial plaque for Jerry Foss. Hansen replied that the plaque is in; it looks very nice and is waiting for wanner weather to install the sign. Windschitl has been trying to get in contact with the Foss family. Evans asked what the City budget is for snow plowing. Hansen replied that December was a rough month, overtime hours were used and lots of salt for the roads. Evans gave credit to the Public Works Staff because the streets have looked great. Payne gave thanks to Staff as well for the good work they have done on the streets. Hansen replied that the Street Foreman and Public Works Superintendent do a really good job. ADJOURNMENT Evans adjourned the meeting at 6:25 p.m. Deanna Saefke, Recreation Clerk Typist 1I 21 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES APRIL 21, 2011 7:OOP.M. DRAFT CONFERENCE ROOM 1 CITY HALL CALL TO ORDER The meeting was called to order by President Dan Vogtman at 7:01 p.m. ROLL CALL Members present: Matt Abel, Jeff Diehm, Nick Jentsch, Roger Johnson, Carolyn Laine, Mike Patiuk, Rachel Schwankl, Greg Sloat, Charles Tyler, Tim Utz, Dan Vogtman Members absent and excused: Lee Bak and Katherine Pepple Members absent and unexcused: Nancy King, Nicholas Rivers Also present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary STATUS OF THE MEMBERSHIP OF THE COMMISSION Introductions /Welcome to New Members Since we have several new members, President Vogtman asked everyone to introduce them- selves and briefly state where they live and any other pertinent information about themselves. The new members are: Lee Bak, Tim Utz, Jeff Diehm, and Greg Sloat. Review Role of Charter Commission /Summary of Actions Taken 2008 - present For the benefit of all the new members, President Vogtman briefly reviewed what the role of the Charter Commission is. He also gave a brief summary of actions taken from 2008 to the present. Updates to Contact Information The Recording Secretary had prepared a new membership roster with names, addresses, e -mail addresses, phone numbers, and dates of appointments. Jeff Diehm asked for the addition of his cell phone to the list. Review of Appointment Dates of Current Members The following members' terms will expire in 2012: Roger Johnson, first term expires February of 2012 Rachel Schwankl, first term expires February of 2012 Mike Patiuk, second term expires February of 2012 (cannot be reappointed- served 2 terms) APPROVAL OF MINUTES Motion was made and seconded to approve the minutes of October 21, 2010, as presented. Motion passed unanimously. NOTE: The January, 2011, Charter Commission meeting was cancelled, so there are no meeting notes for January. CORRESPONDENCE 4 -21 -11 Charter Commission Minutes 1 22 Carole Blowers, Recording Secretary, presented the correspondence report from October to date in writing. She stated much of her time has been spent in handling the paperwork involved with the new member appointments, preparing council letters and proposed ordinance changes for the city charter changes, and updating membership lists. Commissioner Utz asked what were the dates that the applications were received for the commission appointments, as only the month was listed on this report. Carole stated she would have to look up each individual application to see what was the exact date of application. ANNUAL REPORT Motion was made and seconded to approve the Charter Commission Annual Report for 2010, as presented by the Recording Secretary. Motion passed unanimously. The Recording Secretary stated she would be forwarding a copy onto the City Clerk and the Chief Judge. OLD BUSINESS Status of Changes to Chapter 4, Section 28a; Chapter 4, Section 33; Chapter 7, Section 70; and Chapter 7, Section 74 President Vogtman stated that the City Council will be holding the first reading of the above chapters and sections on Monday, April 25, 2011. President Vogtman will be on vacation, so he will not be able to attend the City Council meeting that night. The second reading will be held on May 9, 2011. The City Attorney stated he will be available to explain these changes with the City Council. Second Reading of Changes to Chapter 6, Section 56, Purchases and Contracts Considerable discussion was held on this suggested change, which essentially centered on the fact of changing the $3,000 amount (which is currently stated in the charter) to $15,000 (which is the current amount set by the City Council), or by changing the wording to "...the current amount set by the City Council ", or by putting no amount at all. It should be noted that if no specific dollar amount is cited in the charter, then there is no need to change the amount if and when the council sets a different amount in the future. The City Attorney reminded Charter Commission members that the City Council can change the amount to whatever amount they want at any time, by resolution. At the last Charter Commission meeting in October of 2010, a majority of members voted to put the $15,000 amount in the charter for historical reasons. Therefore, this is our second reading of this change with the amount of $15,000 to be inserted. Chapter 6, Sections 56 of the Charter of the City of Columbia Heights which currently reads as follows: Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) IS HEREBY AMENDED TO READ AS FOLLOWS: Section 56. PURCHASES AND CONTRACTS. The City Manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City 4 -21 -11 Charter Commission Minutes 23 Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $ 1 5,000, the current amount set by the city council. Said amount may be amended by a simple m jorityoftbcCouoci|hyrcso|udnu. All contracts forthe conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalfofthe City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) Motion was made and seconded to approve the second reading of Chapter 6, Section 56 with the $l5,0OO amount inserted. Motion passed: 6 yes; 5 no. This item will now go onto the next work session ofthe City Council. Second Reading of Changes to Chapter 8. Sections 75-86 Local Improvements & Special Assessments There have been several changes in state law regarding Chapter 8. Deleting all sections, and adding a new paragraph to Section 75 still gives the city council the power to make improvements and levy assessments as needed. Motion was made and seconded to approve the second reading on the changes to Chapter 8, Section 75 through 86. Vote: 9 yes; 2 no. Motion passed. Chapter 8, Sections 75 through 86 of the Charter ofthe City of Columbia Heights which currently reads as foliows: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city ofColumbia Heights shall have the power to lay and construct, extend, relay and repair. and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits. and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount ofthe benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its rncnnbcrs. The council shall make such local improvements upon petition of not less than fifty percent ofthe resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. 4-21-11 Charter Commission Minutes 3 24 In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. 4 -21 -11 Charter Commission Minutes 4 25 Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence ofthe validity of all proceedings up to, and including the confirmation ofthe assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share ofthe benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. if the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending 4 -21 -11 Charter Commission Minutes 5 26 payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters. sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws of the State of Minnesota. Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon . _ . - • . - ereby, shall not be denied, and the city of Columbia heights shall .. . . ly as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. 4 -21 -11 Charter Commission Minutes 6 27 make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. Whcn thc council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by thc city manager. In no case shall the amount specially assessed for any one y ar exceed fifty percent of the last total full valuation of all the r al estate within the benefitted ar as shown on the assessor's books by the assessment last made. In computing thc value of the r 1 estate, all improvements arc to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the - • , - .... : - o the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is complct • : - - . - -- - - • . - •f the amount assessed shall be insufficicnt to complete thc work, the council, after the completion of such work, shall make a final assessment to pay the Game. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi annually, which interest may be evidenced by appropriate interest coupons and shall be in such mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness Permanent Improvement Fund and used for paying for said improvements. Monies received-from-said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficicnt to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such • i this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby - - - . • 1 which such assessment can be revised, modified, amended or annulled. 4 -21 -11 Charter Commission Minutes 7 28 Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by fig with -the e-lerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appal against the city as an "Appeal from Assessments," and it may be brought on for h aring by either party, the same as other cases of the district court. • without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to thc assessment than those stated in thc notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall h r such competent evidence as may be offered by either party, and may revise, avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, 1984) cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re assessment, against a piece or parcel of r 1 estate, assessed for any local improvement, is set aside, the same shall be re assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local - _. - -- „ - . - . _ -d against the benefitted property, it shall upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such designation of the benefited district by giving the boundaries thereof, together with a notice of the 4 -21 -11 Charter Commission Minutes 8 29 respect to benefits and to the proportion of the cost of the improvement to be assessed against their cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years . e - Passed • , , . 1 I l • f I . the time fixed for payir.efit by the council shall be deemed delinquent and a ten percent penalty shall be-added, Section 85. CERTIFIED TO AUDITOR In each y ar the council shall cause to be made a ccrtificd statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which ccrtificd statement shall be filed with the county auditor of Anoka County, on or before penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments • * k '. I•. • • l• .a• shall be turned over to the city treasurer in the manner provided in this charter and by law. NEW BUSINESS Updated City Charters The Recording Secretary stated that everyone should now have an updated City Charter dated November of 2010. Tim Utz and Nick Jentsch need the latest one. Election of Officers At this time, President Vogtman stated there would be elections for the positions of President, Vice - President, and Secretary positions. 4 -21 -H Charter Commission Minutes 9 30 President Vogtman asked for nominations for President. Motion was made and seconded to nominate Rachel Schwankl. President Vogtman asked again for nominations for President. Motion was made and seconded to nominate Tim Utz. President Vogtman asked if there were any more nominations for President. There were no further nominations. Each candidate was allowed time to talk about their qualifications for the President position. The question was called, and Rachel Schwankl was declared having the most voice votes for President. President Vogtman then asked for nominations for Vice President. Motion was made and seconded to nominate Charles Tyler. President Vogtman asked again for nominations for Vice President. Motion was made and seconded to nominate Greg Sloat. President Vogtman asked if there were any more nominations for the position of Vice President. There were no further nominations. Each candidate was allowed time to talk about their qualifications for the Vice President position. The question was called, and Charles Tyler was declared having the most voice votes for Vice President. President Vogtman asked for nominations for Secretary. Motion was made and seconded to nominate Carolyn Laine. President Vogtman asked two more times if there were any more nominations for Secretary. There being no further nominations, Carolyn Laine was elected Secretary. Receiving Agenda Packets Electronically The Recording Secretary asked commission members if they would like to receive their packets electronically. Several members indicated they would. Continued Discussion of Chapter 11 and 12 Motion was made and seconded to table discussion of chapters 11 and 12, as the City Attorney has not done a preliminary review nor does he have any recommendations at this time. NEXT MEETING DATE The next regular meeting date will be July 21, 2011. ADJOURNMENT Motion was made and seconded by adjourn the meeting at 8:12 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary 4 -21 -11 Charter Commission Minutes 10 31 CITY COUNCIL LETTER Meeting of May 23, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO POLICE , APPROVA • / ITEM: Approve Transfer of Funds for JAG I Grant BY Scott Nadea BY: ` Overtime Reimbursement and CHHS Overtime DATE May 18, 2011 DATE: From General Fund to Police Dept Overtime Line Items #1023 (OT Other) and # 1020 NO: BACKGROUND The Police Department received reimbursement from the Edward Byrne Memorial Justice Assistance Grant (commonly referred to as JAG I) for overtime expended toward proactive, targeted initiatives. The JAG I grant is a countywide award for which Anoka County is acting as fiscal agent. This reimbursement was in the amount of $3,161.19, which covers the first quarter of 2011. In March 2011, a police officer worked an overtime detail at the Columbia Heights High School. For this detail, we were reimbursed in the amount of $231.25. ANALYSIS /CONCLUSION The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2011 Police Department Budget as follows: (1) the $3,161.19 received as reimbursement under the JAG grant be transferred to line item #1023 Overtime Other, which is the line item used for Problem Oriented Policing details. (2) the $231.25 received from CHHS be transferred to line item # 1020, Overtime. RECOMMENDED MOTION: Move to transfer the following from the General Fund to the Police Department 2011 Budget: the $3,161.19 received as reimbursement under the JAG grant be transferred to line item # 1023 Overtime Other, and the $231.25 received from CHHS be transferred to line item #1020, Overtime. COUNCIL ACTION: 32 COUNTY OF ANOKA. CHECK NO 2100 Dim) AVENUE 17-1 DATE Apr 27, 2011 § 910 ANOKA, MINNTESOTA 55303 AMOUNT ANOKA $ 3,161.19 COUNTY ; PAY Three Thousand One Hundred Sbriy-One Dollars And Nineteen TO THE ORDER OF CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 825-41 ST AVE NE COLUMBIA HGHTS,MN 55421 United States i Weis FARGO SANK MINNESOTA N.A. moil.", MINNESOTA 11EIMEEMBIEMIIIIIIM1111111111 ANOKA COUNTY REMITTANCE ADVICE DATE Apr 27, 2011 CHECK NO. PWPW6ffigii0:5;MATPSNERM5SSCR/P,Tf.0:14:01W:VOIMMag:::::::MM.5:MiligNMION:ti:ODISCOUNII:0::::IMERMIMPN.#Ar6,:x.Arki . . „ 2011-2 Mar 31, 20 BSA RECOVERY ACT GRANT IJAG 1) GRANT .00 3,161.19 REIMBURSEMENT .00 3,161.19 D (- 00.33 33 o7413w ISD N0 13 VENDOR NUMBER VENDOR NAME CHECK DATE CHECK NO 02 7 9 9 - 0 : CITY OF COLUMBIA HEIGHTS 05/05/11 DATE INVOICE NUMBER DESCRIPTION 1 P.O. NUMBER AMOUNT 03/23/11 2011-005 231.25 7' 5, Da4t, TOTAL AMOUNT PAID TO: CITY OF COLUMBIA_ HEIGHTS PAID 231.25 POLICE DEPARTMENT 825 - 41ST AVE. NE COLUMBIA HEIGHTS, MN 55421 THIS CHECK HAS A COLORED BACKGROUND, AN IMBEDDED SECURITY WATERMARK AND A HEAT REACTIVEINK ICON ON THE BACK. 17-13 • T INDEPENDEN SCRO Of-DISTRICT - NORTH ,EAST iTATE BANK S10 1440 J4grtLAVENUE NE 5 _ '5 1 CHECK DATE -COLIMEIXEEIGHTSMIONESOTA " - - 4- 1- 05105/2. t CHECK IS VOID AFTER SO DAYS PAY: *-**w**23/ Dollars 25 Cents CHECK AMOUNT 10 THEORDER OF: CITY OF COLUMBIA HEIGHTS ATTN: PCLICE DEPARTMENT 825 - 41ST AVE . NE - COLUMBIA EEIGETS, MN 55421 34 CITY COUNCIL LETTER Meeting of: May 23, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE PERMITS FOR 2011 JAMBOREE BY: Kevin Hansen BY: /Z / DATE: May 6, 2011 DATE: The City of Columbia Heights Jamboree will be held from June 23 through June 26 this year. The carnival, operated by Family Fun Shows, Inc., usually arrives a day or two before for set -up, which will require the closing of Jefferson Street on Tuesday afternoon, June 21. Staff is requesting permission to close Huset Parkway from the alleyway on the north end of Huset Park to the south roundabout. Other arrangements are made with various City departments, including the license application, payment of necessary license fees and permits, and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday, June 24, 2011, beginning at 6:00 p.m. The parade route will begin on Central Avenue at 45 Avenue to 40 Avenue; west on 40 Avenue to 5" Street and 5 Street to Mill Street. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. Staff is also requesting to waive the Fire Department permit fees for firework displays in the amount of $50.00. RECOMMENDED MOTION: Move to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 21 through Sunday, June 26, 2011. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 24, 2011 beginning at 6:00 p.m. for the following streets: Central Avenue from 45 Avenue to 40 Avenue, west on 40 Avenue to 5 Street and 5 Street to Mill Street. RECOMMENDED MOTION: Move to authorize fireworks at dusk on Saturday, June 25, 2011 and to waive the Fire Department fireworks display permit fee. KH:sms COUNCIL ACTION: 35 CITY COUNCIL LETTER MEETING OF: M AY 23, 2011 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: Finance APPROVAL ITEM: LED Sign for Top Valu Liquor Store at BY: William Elrite BY: r/„.„ 37 and Hart DATE: May 18, 2011 NO: At the May 2, 2011 work session there was a discussion on purchasing an LED sign for City Hall and for Top Valu Liquor on 37 and Hart. This council letter deals with the sign for the liquor store. Background In 2007, when the two new liquor stores were constructed, staff reviewed the benefits and alternatives in relationship to purchasing an LED sign for each liquor store. As a result of that evaluation the decision was made to start with an LED sign for the liquor store on Central Avenue first. Some of the primary factors in this decision were: • The location of the Central Avenue store and its lack of identification as a liquor store. • The City's very restrictive sign ordinance that only allowed for 20 square feet of digital signage and restricted message changes to once every ten minutes. • The unknown factor of how successful a digital sign would be in drawing in customers. • The cost of digital signage. Considering these and other factors the decision was made to start with a digital sign at the Central Avenue location. Current Recommendation The digital sign has now been in place for a little over one year. It has been very successful in drawing customers into the store. The majority of items advertised on the sign are items that are priced very competitively and still carry a good profit margin. In virtually all instances where items are advertised on the sign we have seen significant increase in sales of those items. In addition to this, we've had many positive comments from customers in relationship to how nice the sign is. The next major factor is that the City's sign ordinance has received significant revisions that now allows a sign size of 30 square feet and a message change rate of once every ten seconds. Based on this staff is recommending the addition of a digital sign at the liquor store on 37 and Hart. Cost and Value of a Digital Sign The recommendation is to install an identical sign at Top Valu II. This sign will use the same software and it will be very easy for staff to upgrade advertisements on both signs at the same time. The current cost for this level of sign is $31,851, which is $3,249 less than the sign at Top Valu 1. The reason for the reduction is that the sign manufacturer is giving us a return customer discount. It is estimated that the sign should last 20 years, which brings the annual amortized cost of the sign down to $1,600 which will be more than offset by the projected growth in sales. 36 RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an ' agreement with Hoeft Signs for the installation ofndighnl sign at the liquor store on 3, � and Hart based on their price quotation on 05/03/2011. WE:slh /mnmcouwc/L COUNCIL ACTION: 37 CITY COUNCIL LETTER MEETING OF: MAY 23, 2011 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: Finance APPROVAL ITEM: City Hall Digital Sign BY: William Elrite BY: L{ NO: DATE: May 18, 2011 At the work session of May 2, 2011 there was a discussion regarding installing a digital sign at City Hall to replace the current informational sign on 40 Avenue. Background The current informational sign on 40' Avenue is well over 30 years old, is in a continually deteriorating condition, and takes a significant amount of staff time to manually change the messages. In addition to this, it is a danger to employees in the fact that they need to use a ladder in all kinds of weather conditions to make changes to the sign. At the work session staff presented some cost estimates to the City Council on replacing the manual message board with a digital sign. Sign Alternatives There are several alternatives in the size and quality of digital sign that can be erected on the current pylons. Staff suggestions ranged from a 4'9" by 10'6" 20mm sign at a cost of $46,000 to an alternative of a 2'7" by 9'2" 25mm sign at a cost of $26,000. Another alternative that was discussed at the meeting is installing a nice appearing, state of the art monument sign with a digital reader board on the corner of 40' and Jefferson. This sign would have better visibility to both east and westbound traffic on 40 Avenue and would be visible to cars on Jefferson as they approached 40 Avenue. Very preliminary cost estimates to redo the 40 and Jefferson area and install a monument sign range from $30,000 to $50,000 in addition to the cost of the digital sign that would be included in the monument base. Staff is recommending the monument sign alternative as it would give a better general appearance to the area and be totally in compliance with the City's sign ordinance. The first step in this process is for staff to prepare a design plan for City Council review and approval. Then staff will get proposals and costs for final City Council approval. Staff has also included 3 alternative motions to add digital signage to the current pylon posts on 40 Avenue. The first 2 alternates are for 25 mm digital signs that would provide word quality messages. The 3rd alternative is for the same level of sign that we recommended for the liquor store. This sign would allow for graphic quality messages and the size would make it easy in the future to relocate this sign to a monument type of base. RECOMMENDED MOTION: Move to direct staff to prepare a landscaping plan for the corner of 40 and Jefferson that would include a digital monument sign. FIRST ALTERNATE MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Hoeft Signs to install a 2'7" by 9'2" 25mm digital sign board on the current pylons at City Hall at a cost of $25,817. SECOND ALTERNATE MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Hoeft Signs to install a 4'8" by 10'6" 25mm digital sign board on the current pylons at City Hall at a cost of $37,254. THIRD ALTERNATE MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Hoeft Signs to install a 3'4" by 7'6" l6nim Graphics Quality digital sign board on the current pylons at City Hall at a cost of $34,851 WE:slh 1 1051 82COUNCI L COUNCIL ACTION: 38 CITY COUNCIL LETTER Meeting of: 5/23/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS /� ITEM: FINAL PAYMENT FOR SANITARY SEWER BY: K. Hansen BY: /z/ LINING, PROJECT 1004 DATE: 5/17/1 1 DATE: Background: On November 8, 2010, the City Council awarded the annual sanitary sewer lining program to Visu- Sewer, Inc. This annual program rehabilitates sections of sanitary sewer pipe that has cracked or broken joints or sections, contains root intrusion or has infiltration present. This project consisted of lining the following segments: 1. 984 feet of 8" VCP on 7th Street from 40 Ave to 1 MH north of 41 Ave, 2. 984 feet of 8" VCP on Washington Street from 40 Ave to 1 MH north of 4l st Ave, 3. 602 feet of 8" VCP on Jefferson Street from 1st MH north of 40 Ave to 1 MH north of 41 Ave, 4. 984 feet of 8" VCP on Madison Street from 40 Ave to 1 MH north of 41 Ave, 5. 984 feet of 8" VCP on Monroe Street from 40 Ave to 1 MH north of 41 Ave, 6. 327 feet of 8" VCP on Quincy Street from 40 Ave to 1 MH north of 40 Ave, and 7. 468 feet of 8" VCP on Alley: west of Reservoir Blvd from 39 Ave to Peters Pl. In addition, the following connections from the sanitary main to the service lateral were lined: 1. 12 connections on Monroe Street from 4I Ave to 1s MH north of 41 Ave, and 2. 4 connections on Quincy Street from 40 Ave to 1 MH north of 40 Ave. Analysis /Conclusions: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Visu- Sewer, Inc. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 1004, and to authorize final payment of $38,945.60 to Visu- Sewer, Inc. of Pewaukee, Wisconsin. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 39 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2010 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 1004 May 17, 2011 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that 1 have reviewed the work under contract to Visu- Sewer, Inc. The sanitary sewer work consisted of lining the following: 1. 8" VCP on 7 Street from 40 Ave to 1st MH north of 41 Ave, 2. 8" VCP on Washington Street from 40 Ave to 1st MH north of 41 Ave, 3. 8" VCP on Jefferson Street from 1 MH north of 40 Ave to 1st MH north of 41 Ave, 4. 8" VCP on Madison Street from 40 Ave to 1 MH north of 41 Ave, 5. 8" VCP on Monroe Street from 40 Ave to 1 MH north of 41 Ave, 6. 8" VCP on Quincy Street from 40 Ave to 1 MH north of 40 Ave, and 7. 8" VCP on Alley: west of Reservoir Blvd from 39 Ave to Peters P1. In addition, the following connections from the sanitary main to the service lateral were lined: 1. 12 connections on Monroe Street from 41 Ave to 1 MH north of 41 Ave, and 2. 4 connections on Quincy Street from 40 Ave to 1 MH north of40 Ave. 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 $163,659.00 CHANGE ORDER $ 0.00 FINAL CONTRACT AMOUNT $163,659.00 FINAL WORK APPROVED $155,712.00 ALL PRIOR PAYMENTS ($116,766.40) BALANCE DUE $ 38,945.60 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 40 CITY COUNCIL LETTER Meeting of: May 23, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY Kevin Hansen BY (�I/ AND LINING OF 4,199 LINEAL FEET OF WATER MAIN DATE: 5/18/2011 DATE: i UNDER THE MINNEAPOLIS 2011 PROGRAM, CITY PROJECT NO. 1103 Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called ` tuberculation' and results in restricted flows. In January of 2005, staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights began a cleaning and lining program with 3,000 lineal feet of water main cleaned and lined under the City of Minneapolis Cleaning and Lining Program as follows: • Alley from 37 to 39 Avenues: Polk and Tyler Streets • Jefferson Street: 49 to 51 Avenues In 2006, the City of Minneapolis Cleaning and Lining program completed 3,300 lineal feet of lining in Columbia Heights at the following locations: • Madison Street: 48 to 51 Avenues • 48 Avenue: Jefferson to Monroe Streets • Monroe Street: 48 to 49 Avenues In 2007, the cleaning and lining program completed 3,650 lineal feet of pipe with the following segments completed: • Monroe Street: 49 to 51" Avenues • 50 '/2 Avenue: Monroe to Jackson Streets • 50 Avenue: Monroe to Jackson Streets • 49'/ Avenue: Monroe to Jackson Streets In 2008, the cleaning and lining program completed 4,300 lineal feet of pipe at the following streets: • Jackson Alley: 50 to 51 Avenues • Rainier Pass: Innsbruck Parkway to end • St. Moritz Drive: Innsbruck Parkway to end • Innsbruck Parkway: Rainier Pass to St. Moritz Drive • Innsbruck Parkway: St. Moritz Drive to Argonne Drive • Innsbruck Parkway: Argonne Drive to Pennine Pass • 45 Avenue: Main Street to 3` Street. In 2009, the cleaning and lining program completed 5,150 lineal feet of pipe at the following streets: • Innsbruck Parkway: Pennine Pass to Stinson Boulevard • Pennine Pass: North Upland Crest to Argonne Drive • Stinson Boulevard: North Upland Crest to Chalet Drive • Chalet Drive: Pennine Pass to Stinson Boulevard • 2n Street, 21/2 Street, & 3` Street: 44 to 45 Avenues 41 CITY COUNCIL LETTER Meeting of: May 23, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: Kevin Hansen BY: AND LINING OF 4,199 LINEAL FEET OF WATER MAIN DATE: 5/18/2011 DATE: UNDER THE MINNEAPOLIS 2011 PROGRAM, CITY PROJECT NO. 1103 Page 2 As detailed above, each subsequent year of the program an additional 300 - 600 lineal feet of cleaning and lining has been added. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly Tined pipe should provide another 40 or more years of service. Based upon the positive results and project success of the past four years, staff conducted C- Factor testing on other known problem areas of the water distribution system. C- Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C- Factor is then calculated which can be used to determine the amount of tuberculation in -pipe. Another way to look at a C- Factor is it is a measurement of resistance to flow in -pipe. New pipe will have a C- Factor of 120 -125. We would have expected the C- Factors in the areas tested (based on age) to be in a range of 90 -95. A general rule of thumb is values below a range of 70 -75 would indicate a pipe in poor and tuberculated condition. The measured C- Factors in the 2011 proposed program area measured from 36 to 40. The City of Minneapolis suspended their program in 2010 due to budget cuts; but have rebid a 2 -year program for the 2011 and 2012 construction seasons. Staff conducted C- Factor testing on complaint areas in 2008 and based upon the results, has prepared an annual program recommendation for program years 2011, 2012 & 2013. Based upon the C- Factor testing and the three year program presented to and accepted by the council in 2009, staff is recommending a 2011 Cleaning and Lining Program for water main in the following areas: • Polk Place and Polk Circle • Pierce Terrace, Polk Place to Matterhorn Drive • Johnson Street, North of Innsbruck Parkway to Lincoln Terrace • Lincoln Terrace, Johnson Street to Pierce Terrace For Review: The process of Mechanical Cleaning and Lining involves shutting down a pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface which would allow the tuberculation process to start all over. Minneapolis utilizes Cement mortar lining by applying lean cement through a rotating head of a specific diameter. As the lining 42 CITY COUNCIL LETTER Meeting of: May 23, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: Kevin Hansen BY: AND LINING OF 4,199 LINEAL FEET OF WATER MAIN DATE: 5/18/2011 DATE: UNDER THE MINNEAPOLIS 2011 PROGRAM, CITY PROJECT NO. 1103 Page 3 machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $45 to $65 per foot, depending on the pipe diameter and severity of buildup. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. In the Jefferson area, we experienced 4 -6 services per block that needed repair. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. The work is conducted cooperatively where City forces provide all excavations, restorations and traffic control; Minneapolis provides temporary water services, reassembling the pipe and valves, disinfections of the new pipe, and contract administration; and a contractor (publicly bid by Minneapolis) provides the cleaning and lining of water mains. Based upon the past four years program costs from the City of Minneapolis, staff is proposing a total 2011 Program cost of $255,000, consistent with the amount established in the 2011 Water Construction Fund budget. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -37, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 201 1 -37 which accepts the Feasibility Report for the 2011 Water Main Cleaning and Lining Program and orders the Public improvement for water main cleaning and lining of pipe totaling 4,199 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2011. Attachments: Resolution 2011 -37 Feasibility Report 2011 Program Map COUNCIL ACTION: 43 RESOLUTION NO. 2011-37 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2011 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT — NO. 1103 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2011 Water Main Cleaning and Lining Program, and WHEREAS, the 2011 Water Main Cleaning and Lining Program includes the following main segments: • Polk Place and Polk Circle • Pierce Terrace, Polk Place to Matterhorn Drive • Johnson Street, North of Innsbruck Parkway to Lincoln Terrace • Lincoln Terrace, Johnson Street to Pierce Terrace WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on May 23, 201 1. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $35,500. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of May, 2011 4. These improvements shall also be known as Project No. 1 103 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Dated this 23r day of May 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 44 (1) City of Columbia Heights FEASIBILITY REPORT FOR 2011 WATER MAIN IMPROVEMENTS: Cleaning and Lining CITY PROJECT 1103 May, 2011 ENGINEERING DEPARTMENT 637 38` Avenue NE, Columbia Heights, MN 55421 763 - 706 -3700 •:• 763 - 706 -3701 (Fax) 45 WATER MAIN IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA 2011 Cleaning and Lining PROJECT NUMBER 1103 LOCATION - 2011: Polk Place — 50 Avenue to Pierce Terrace Polk Circle — Polk Place to cul -de -sac Pierce Terrace - Polk Place to Matterhorn Drive Johnson Street - North of Innsbruck Parkway to Lincoln Terrace Lincoln Terrace - Johnson Street to Pierce Terrace IMPROVEMENTS: Water Main Cleaning and Lining — Dig access holes at approximately 600 foot intervals, mechanically clean existing water main, cement mortar lining of water main, open service taps, disinfect water line, new gate valves, traffic control and restoration. INITIATION: City. OWNERS ABUTTING: Polk Place, 50 Avenue to Pierce Terrace Polk Circle, Polk Place to cul -de -sac Pierce Terrace, Polk Place to Matterhorn Drive Johnson Street. North of Innsbruck Parkway to Lincoln Terrace Lincoln Terrace, Johnson Street to Pierce Terrace ISSUES: The following is a study of the key project issues. Water Main Cleaning and Lining The existing water mains in the identified streets have been C- Factor tested and shown to be severely tuberculated. `Tuberculation' is a problem affecting unlined cast iron water distribution pipes, which was common prior to 1962. Iron builds up over time on the inside walls of the water pipe and enters the distribution system causing color and sometimes odor problems. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. Aside from the aesthetic issues, severe tuberculation results in restricted flows. Correcting the problem typically involves either replacing the water main or cleaning and lining the affected segments in place. Replacing water main can be very expensive due to the street restoration costs where street segments are not otherwise programmed for reconstruction. Cleaning and lining offers a viable alternative where entire street segments are not disturbed and only access pits are required at 400 -600 foot intervals. Other factors, such as the condition of the pipe, soil conditions, and depth of cover should also be considered when evaluating cleaning and lining. The advantages of concrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance cost. 46 Water Curb Stop Access and Operability To perform the water main cleaning and lining project, it is necessary to have the curb stop box (water shut off valve) located on the water service accessible and operable (see attached diagram 1 depicting a water service). The necessity is driven by the process that once the line segment is cleaned and cement mortar lined, each individual service tap is covered with the cement mortar and needs to be `opened' to restore service. This is performed within a window of one hour after lining process by open each curb stop and blowing water back into the line from the water service. Depending on the area and the age of the water service, some curb stops are either not accessible or do not work, requiring repair. FEASIBILITY: The proposed improvement project is necessary to clean, line and restore adequate flow through segments the water main distribution system. It is cost - effective without full street reconstruction, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: The water main cleaning and lining would be included with the existing City of Minneapolis annual program. Project construction is scheduled to begin in mid summer of 2011, with substantial completion occurring in the early fall of 2011. Council receives Feasibility Report and orders Public Improvement Project May 23 2011 Bid Opening (Minneapolis ) Public Informational Meeting June 2011 Begin Construction July 2011 Construction Completed September 30 FINANCING: Financing would be 100% Water Construction Fund for the cleaning and lining of the main line and assessments for water service repairs. 2011 Water Main Cleaning and Lining The estimated construction costs for the 2011 Cleaning and Lining project are as follows: 4,199 Lineal Feet: $255,000. Water Curb Stop Repair(s) The estimated construction costs for the 201 1 curb stop repairs are as follows: Curb Box Repair (each): $ 975. Replace Curb Box and Stop (each): $ 1,165. Move Curb Box and Stop (each): $ 1,270. ASSESSMENT: The assessment will be based on a per service basis, based upon the actual cost to repair the individual water service. 3 47 11 I 71r- i D_P_________ i 1 i i 1 i 1 1 1 1 k i g 1 I I I e r p E i , 1 L [[ Li 4 $ [ { i i t S i 48 • 9991 N N a- O o p-, 8 8 N S A 91 ;x o, G N C C ✓ ` { V v S9S4 m N JOHN S4S4 OkS6 0 : S9 0., m ' n ° o m :,,,,,, • 9ZSL 86yL o m Cr 0..... m _... .....__. C9 0 SOSL Q m % o • 5101° r 664E o S s? 1425 0£VL '`� �� Z y L � Q : co m m Z6EL r n ro j 914,i, ' M m 'I � ,N OtyG d _ m r ; i'''' ��' i 5044 M N p� ° v N r ' eo ,.� � o 96EL m . . r , N � 1395 Nti 's m N 4 X3 4 m �8 �� G1Q • m nh m C o l o N O r SL ZL N t0 a pp£4 j v o� 49 60 � � h m ��' 1260 m 127 t co r o In V ^� 0 04ZL 1255 yp ^ 0424 • - ' ' 1 , ' . 8 ,. 12 35 N � , -'' _ . OZZL 4£ZL ti OZZL LZZ4 . N 1 LL 0 12 ... Oon. Lou StZL o o c 0 m 1205 ooZL L 1 . . SELL s m 2 ' 50 OOZE 684E oai4 9641 1L14 1185` j 991E 'an L!J oat: Z ' 1914 0814 - � ' S ZOS 5005 U 49 H 0941 SELL 0) 1 Q 0911 1914 S4tL o o _ _. 091E '_ ''12 v , 1 " 4YLL SLL U ,°p M 31bo1n �d 0," Z , 0 4LL 1E11. 1 1135 o 0414 J ° o 0 S9Z11. £L C ., o 'r' 0 ' o o 0009 i OZLL OZLL LZLL 1 N, : N ;' ,/ o V7 Nf OZLL j r r LOLL 9011 0014 S LtL 101.1 1 d , t. I ii m� o r ° ' o o SLOE OOLL L904 v o `- r o o 9001. T-... o ' 0 0 90E 090E ° '. f • eI Lt O I_._. o Od � �.' 060E SEOL 0'0L 1E01. ' ti 0 m I •.^a _ � • rn „E [g o �0, r 0 0 '- 0 0 , ° ' " . OZOL OZOL O o 0 0 0 0 0 o 0 D o e - ,= 280E§ OL r r .-,. ,cp rn ,..„1,- n m m o c m d u ,°', a OOOL v I h (1 i L„ '. NIWVPN38 VjJ e. ., s4: 8flH2 V • -,,@@ • ,, ,4v S 3A VII - *. p c . 1 1 � v FE, a' , 14'7713 , . (c q M7 ' m ' s V#Il.N3J 7V2I1N3b .9 g c0 /" a NOSMOVr IJ E ... Z 30NNOW € m �` 4 = L L S o 1114 L6 0 •- H € NL8 d a € r„;'' { • ,..R ,H1S HL8 �3 ' a°'i a ALI5H3AIN/1 6 �� P v i 5k cis0) ; s M r ... ,.,.,,a;,vze, "....r._, ,,,,:-..,.. - -4 .a . n...z,. z,...., _n/AT.S .. .;...:. ' A.2,. . ...,..,.a,:,7, ..,. ,u, ,..,.,,i,a ._:.;:,,, ,.. .M. 5 .,.w... ,... ...MIN .2 ...,..... ..,z a..„ :,., G ....,.,.......:..sc..,,_.sVesaa CITY COUNCIL LETTER Meeting of: 5/23/11 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: AGREEMENT WITH ISD #13 FOR BY: K. Hansen BY: FUNDING CONTRIBUTION FOR RAMSDELL DATE: 4/20/11 DATE: PARK IMPROVEMENTS Background: On April 23 2011, the City Council awarded the improvements to Ramsdell Park to C. Mogren in the amount of $408,830. The Award included the Base Bid plus multiple add - alternates. Analysis /Conclusions: The funding sources approved at the time of the award were a combination of park development funds, utility funds and ISD 13 funding contribution as shown below: Park Development Fund: $291,560 Water Fund: $ 12,086 Storm Fund: $ 20,148 ISD 13 via agreement: $ 85,036 The Add - Alternates that ISD 13 is funding are described as follows: A.3 Outfield Fencing /Warning Track: $24,098 A.4 Batting Cage: $1 1,806 A.5 ISD 13 Parking Lot Expansion: $38,102 A.7 Drinking Fountain at Ball Field $ 4,842 A.10 Concrete Maint. Strip - outfield $ 4,938 A.11 Concrete Maint. Strip- batting cage $ 1,250 The add - alternates shown that the Columbia Heights School District would be funding total $5,036. The agreement in basic form provides that the following general elements: 1. The City is responsible for Constructing the improvements 2. The School District will reimburse the City for the improvements following installation and invoicing. 3. The School District grants temporary construction access to their property to facilitate construction of the Parking Lot Expansion. Recommended Motion: Move to authorize the Mayor and City Manager to enter into an agreement with Independent School District #13 for funding of Alternates A3, 4, 5, 7, 10 and 11 in the amount of $85,036; and providing construction access to ISD 13 property for the Ramsdell Park Improvement Project. COUNCIL ACTION: 50 CITY COUNCIL LETTER Meeting of May 23, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 17, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 23, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 51 i Print Rental Licenses to � r approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763- 706 -8156 - Fax: 763 - 706 -8151 10019 1052 49TH AVE NE Johnson, Richard F10997 100 159 N.E. Edgewater Dr. $ 150.00 Lee's Summit, MO 64064 10021 1329 41ST AVE NE Swanson, Ray F10820 100 3334 40th Avenue S. $ 150.00 Minneapolis, MN 55406 10028 4252 3RD ST NE Erickson, Adam F11019 100 7460 Frontier Trail $ 150.00 Chanhassen, MN 55317 10041 4044 RESERVOIR BLVD NE Donnelly, Mike F11018 100 33 Demont Avenue W $ 150.00 Little Canada, MN 55117 10044 4852 MONROE ST NE Blomberg, Thomas F10930 100 961 Hillwind Rd. $ 150.00 Fridley, MN 55432 10052 3823 POLK ST NE Zschokke, Robert F10894 100 4081 99th Avenue NE $ 150.00 Circle Pines, MN 55014 10069 5055 6TH ST NE Binczik, Anne F10773 100 5054 6th Street N.E. $ 150.00 Columbia Heights, MN 55421 10095 1020 44TH AVE NE Boujnikh, Lahoucine F10989 100 977 118th Ave NE $ 150.00 Blaine, MN 55434 10096 411 40TH AVE NE Ferris, Bradley F10888 100 9445 Jennifer Court $ 150.00 Chisago City, MN 55013 10132 4409 ARTHUR ST NE Picotte, Ronald F10859 100 3931 172nd Lane NW $ 150.00 Andover, MN 55304 10150 973 GOULD AVE NE Biddle, Brad F10785 100 1847 Kohlman AVE $ 150.00 Maplewood, MN 55109 05/17/2011 11 :51 Page 1 52 rxn $. _, - ,.. .,,,,; ,_,_ � ',. ...; S Print Rental Licenses to / approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151 10174 4058 QUINCY ST NE O'Malley Rental Properties, LLC F10856 1050 225 Eagle Parkway $ 150.00 St. Paul, MN 55102 10181 4109 MAIN ST NE Chandonnet, Robert F10831 100 21425 Vale Street N.W. $ 150.00 Oak Grove, MN 55011 10213 3806 JACKSON ST NE 3806 JACKSON STREET NE LLC F10797 1050 3321 Belden Drive N.E. $ 150.00 St. Anthony, MN 55418 10226 4356 QUINCY ST NE Hall, Jocelyn F11009 100 14175 54th St N $ 150.00 Oak Park Heights, MN 55082 10235 4257 VAN BUREN ST NE Bruegger, Armin F10765 100 4244 Monroe St $ 150.00 Columbia Heights, MN 55421 10281 4832 W UPLAND CRST NE Hiel, Mark F10977 100 4826 W UPLAND CRST NE $ 160.00 Columbia Heights, MN 55421 10281 4832 W UPLAND CRST NE Hiel, Mark F10977 100 4826 W UPLAND CRST NE $ 150.00 Columbia Heights, MN 55421 12000- NC5037 MADISON ST NE Danko, Andrew F10902 100 5037 Madison Street $ 150.00 Columbia Heights, MN 55421 12004 5250 WASHINGTON ST NE Wegener, Kimberly F10912 100 5248 Washington Street $ 150.00 Columbia Heights, MN 55421 12020 4145 5TH ST NE Martin, Terry F10838 100 4145 5th Street N.E. $ 150.00 Columbia Heights, MN 55421 12061 3967 POLK ST NE Stenger, Stephen F10956 100 3969 Polk Street $ 150.00 Columbia Heights, MN 55421 05/17/2011 11 :51 Page 2 53 Print Rental Licenses to ref 4,0 approve by CC \\?" 82E 41st Avenue w.e. ' Columbia Heights, mw 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20013 1132 45TH AVE NE Ibrahim, Mujir F10814 152OO Elm Rd $ 150.00 100 Maple Grove, MN 55311 20023 3830 3RD ST NE ToUefsrud.Everett F10911 9363 Nesbitt Road $ 150.00 100 Bloomington, MN 55437-1916 20027 831 40TH AVE NE T.P.T. Partnership, Tim Taylor F11036 831 WE40THAVE $15O.U0 100 Columbia Heighta, MN 55421 20091 4509 FILLMORE ST NE DMTE Enterprises F10803A O1OO2Gth Avenue S � Ste. Sba #160 $ 150.00 1050 Bloomington, MN 55425 20136 4040 CLEVELAND ST NE Link Associates Rental Consulting Group F18611A 6001 78th Avenue N. Suite #204 $ 150.00 1040 Brooklyn Park, MN 55443 20155 4624 WASHINGTON ST NE Cole, Barry F11037 374O Edith Patch Drive $ 150.00 100 Anoka, MN 55303 20343 3816 3RD ST NE Youngren, Mark F10971 243O154th Ave NVV $ 150.00 100 Andover, MN 55304 30004 S434UTH AVE NE ART Properties Management F10052 5434OthAvenue #55 $ 234.00 1050 Columbia Heights, MN 55421 30040 QGS4OTH AVE NE Sheak, Laura F10794 A854OTH AVE NE $1802.00 1042 Columbia Heigh|o, MN 55421 30046 631 37TH AVE NE Brei|and.K8ark F10872 PO Box 1SG41 $211.O0 1053 Minneapolis, MN 55419 30056 144U47TH AVE NE Wang, Wu F10885 1S448 Holbrook Avenue $ 410.00 100 Lakeville, MN 55044 05/17/2011 11:51 Page 3 54 Print Rental Licenses to approve by CC ouo*1m Avenue ms ' Columbia Heights, ww su4u1' Ph: reu-rus-81sa' Fax: rsu-roo'u1a/ 30074 4534 MADISON STNE Sinchi, Luis F10891 5000 Golden VaDey Road $ 160.00 100 Golden Valley, K8N55422-4111 30075 4544 MADISON ST NE Smith, Wilton F11001 1153 South Lee Street #152 152 $ 160.00 100 Des Plaines, IL 60016-6516 30108 4458 RESERVOIR BLVD NE Crestview Corporation F10847 1050 4444 Resery � oirB|vd N.E . Attn: A�n�Te|iaAromo|ey $ 974.00 Columbia Heights, MN 55421 30112 4357 TYLER PL NE Sekizovio.yNuamar F10994 PO Box 21314 $ 18O.00 1053 Columbia Heights, MN 55421 30139 5025 UNIVERSITY AVE NE T.L. Apts. LLC F10864 1148 Heritage Drive $ 248.00 1050 Shakopee, MN 55379 30162 4556 TYLER ST NE Larson, Daniel F11005 14405 Aberdeen Street NE $ 234.00 100 Ham Lake, MN 55304 30178 4935 UNIVERStTY AVE NE Azam, Haji F10741A P�C}�Box11 $ 248.00 1053 Savage, MN 55378 34000 4310 3RD ST NE Guimont, Greg F10857 3855155th Avenue NVV $ 150.00 100 Andover, MN 55304 34015 37U0 VAN BURENSTNE Tomas, John F11017 4712 121st Avenue NE $ 150.00 100 Minneapolis, MN 55449-7047 Total # of Licenses 42 05/17/2011 11:5I Page 4 55 CITY COUNC1L LETTER Meeting nf May 23,2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson [)ATE: NO DATE: May 10" 2011 B`/� //-�� BACKGROUND/ANALYSIS ~ Attached is the business license �nthe K�uy23,2O|l<�ouucUnncctog. Tbiougcoducooxi�sof applications for Contractor licenses for 2011, Massage Business and Individual Licenses, A Peddler license, and the Carnival license for the 2011 Jamboree. 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 re!eased to the pub!ic. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 23, 2011 as presented. COUNCIL ACTION: 56 TO CITY COUNCIL May 23, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2011 BLDG Earth Wizards 1071 Co. Hwy 10 #150, Spring Lk Pk $60 Designing Earth Cont PO Box 78, Cedar $60 Wilson HVAC Co. 15284 117 St, Becker $60 *Stone Bros. Plumbing 18511 Hwy 65 NE, E Bethel $60 Paul's Plumbing & Htg 12980 Dennison Blvd, Dennison $60 *Neis Plumbing & Htg 90 100 Ave NE, Foley $60 Steiner Construction Sery 3614 County Rd 101, Wayzata $60 RAK Construction 17100 Hwy 65 #2, Ham Lake $60 St. Croix Tree Service 675 Grupe St, Roberts, WI $60 *F.A. Bartlett Tree 5505 N Hwy 169, Plymouth $60 CARNIVAL LICENSE Family Fun Shows 20590 State Hwy 83, Mankato $200 MASSAGE LICENSES Zentral Massage-Business 3986 Central Ave $500 Alec Vongkaysone-Individual 3986 Central Ave $100 Pa Chia Thao 3986 Central Ave $100 PEDDLER LICENSE Sherwin Seiden One Promo for Huset Park $50 57 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 23, 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the Iist ofclaims paid covering check number 138968 through 139135 in the amount of $ 902.178.11 . 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011-32, 33, 34, 35, and 36 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011-32, 33, 34, 35, and 36 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.4O8(&)ofthe rental licenses listed. COUNCIL ACTION: 66 RESOLUTION 2011 -32 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Cantlin Lake Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4625 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 9, 2011 of an public hearing to be held on May 23, 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 April 5, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 9, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 18, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall replace the smoke detectors and CO detectors in this unit b. Shall replace missing light globe /cover on the light in the basement bathroom c. Shall replace the glass in the basement egress window that is broken d. Shall remove all combustible storage from the laundry/boiler room, tire and other combustible storage 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10906 is hereby revoked. 67 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2011 -33 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Cantlin Lake Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4633 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 9, 2011 of an public hearing to be held on May 23, 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 April 5, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 9, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 18, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall install a CO detector in this unit b. Shall replace the missing smoke detector in the basement 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A. Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10748 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 69 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 70 RESOLUTION 2011-34 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential rental license held by Michael Nehmzow (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4124 5 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 9, 2011 of an public hearing to be held on May 23, 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 April 5, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 9, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 18, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair the roof. Missing and damaged shingles. b. Shall replace the screen(s) and storm window(s) on the building prior to May 1,2011 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F 1 1038 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 71 3. All tenants shall rernove themselves from the premises within 45 days from the fint day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muoonvitz,CMC City Clerk 72 RESOLUTION 2011 -35 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by David Miller (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4932 4 Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 4, 2011 of an public hearing to be held on May 23, 2011 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on or about March 15, 2011 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 4, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10085 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 73 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 74 RESOLUTION 2011-36 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Steve Elie (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1231 -33 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 12, 2011 of an public hearing to be held on May 23, 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 or about February 9, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 12, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10247 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 75 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 76 CITY COUNCIL LETTER Meeting of: May 23, 2011 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE NO.1600, BY CHARTER COMMISSION BY AN ORDINANCE PERTAINING TO CHAPTER 8, DATE: 5-17-11 DATE: SECTIONS 75 through 86, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS and ORDINANCE NO. 1601, AN ORDINANCE PERTAINING TO CHAPTER 6, SECTION 56, PURCHASES AND CONTRACTS NO: The Charter Commission has been reviewing various sections of the charter for some time now. In discussions with the City Attorney, the Charter Commission members have held two readings on above mentioned chapters and sections. The City Attorney is recommending that Sections 75 through 86 be deleted and replaced with one new sentence in Section 75 to be in compliance with State Statutes. The Charter Commission has held numerous discussions on Chapter 6, Section 56, Purchases and Contracts, in regard to the dollar amount that the City Manager is able to spend without council approval. After these discussions, it has been decided to update the amount of the City Manager's spending limit without council approval as it stands at this time, which is $15,000. The first reading by the City Council was held on May 9, 2011, on these two ordinances. RECOMMENDED MOTION: Move to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. RECOMMENDED MOTION: Move to adopt Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights. COUNCIL ACTION: 77 ORDINANCE NO. 1600 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 75 THROUGH 86 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTIANING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS The City of Columbia Heights does ordain: Section I :Chapter 8, Sections 75 through 86 of the Charter of the City of Columbia Heights which currently reads as follows to wit: LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four -fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to 78 assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not Tess than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The 79 cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special tern, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall 80 estimate and fix the cost thereof and shall and assess and levy such proportion or amount ofsuch cost upon beneflted property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may dctemoinc, and fix the time when payments may be made. The lien of such assessment shall attach to alt property assessed as of date ofadoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payrnent by the council shall be deemed de/inqucntuodu ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the arnount ofthe assessment with penalties added, which certified statement shall be filed with the county auditor ofAnoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15tb, shall be carried into the tax becorning due and payable in January ofthe foliowing year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws ofthe state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. Al) assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The council shall have the power to undertake local improvements and assess the cost of such improvernents or any portion thereof against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws ofthe State ofMinnesota. (Section 76 through Section 86 deleted.) 81 Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 82 ORDINANCE NO. 1601 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 56 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PURCHASES AND CONTRACTS The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent ofthe City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. IS HEREWITH AMENDED TO READ AS FOLLOWS: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent ofthe City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $15,000, the current amount set by the council. Said amount may be amended by a simple majority ofthe Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 83