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HomeMy WebLinkAbout09/26/2011 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: wwttt ci. colttnhia- heigltts.nut.w 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, September 26, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City o f 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 Church of All Nations 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the September 12, 2011 City Council meeting p7 MOTION: Move to approve the minutes of the September 12, 2011 City Council meeting. B. Minutes of Boards and Commissions MOTION: Move to accept the minutes of the August 3, 2011 Library Board meeting. p18 C. Approve Gambling Permit, Immaculate Conception Church event; November 12, 2011 p21 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held November 12, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. D. Approve transfers of grant reimbursements from the General Fund to the Fire Department p27 budget. MOTION: Move to transfer $8,000.00, the amount received from the Minnesota Board of 3 City Council Agenda Monday, September 26, 2011 Page 2 of 4 Firefighter Training and Education, from the General Fund to the Fire Department 2011 budget training line item. MOTION: Move to transfer $1,773.80, the amount received from Anoka County, from the General Fund to the Fire Department 2011 budget repair and maintenance services line item. E. Adopt Resolution 2011 -96, being a Resolution regarding the Labor Agreement between the City and Law Enforcement Labor Services, Local 311 p28 MOTION: Move to waive the reading of Resolution 2011 -96, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -96, regarding the labor agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2011 and 2012. F. Adopt Resolution 2011 -097 being a resolution establishing amount of city share and amount of special assessments on projects to be levied. p34 MOTION: Move to waive the reading of Resolution 2011 -097, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -097, being a resolution establishing the amount of City share and special assessments on projects to be levied. G. Authorize submittal of conditional use application for LED Signage for City Hall p36 MOTION: Authorize staff to prepare and submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage to replace the letterboard sign located at 590 40th Avenue. H. Approval of attached list of rental housing applications. p39 MOTION: Move to approve the items listed for rental housing license applications for September 26, 2011 in that they have met the requirements of the Property Maintenance Code. I. Approve Business License Applications p44 MOTION: Move to approve the items as listed on the business license agenda for September 26, 2011 as presented. J. Review payment of the bills. p46 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 140515 through 140689 in the amount of $1,073,197.68. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2011 -105, 4001 University Avenue NE, being a declaration of nuisance and p55 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -105 there being ample copies available to the public. 4 City Council Agenda Monday, September 26, 2011 Page 3 of 4 MOTION: Move to adopt Resolution Number 2011 -105 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B. Adopt Resolutions 2011 -100, 4116 Reservoir Blvd. N.E., 2011 -101, 4124 5th Street N.E., 2011- 102, 3806 Gauvitte Street N.E., 2011 -103, 4420 -22 Monroe Street N.E., and 2011 -104, 4630 Taylor Street N.E., being Resolutions of the City Council of the City of Columbia Heights P58 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 -100, 101, 102, 103 and 104 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2011 -100, 101, 102, 103 and 104 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. C. Second Reading of Ordinance No. 1603, an Ordinance Pertaining to Chapter 6, Section 56, p69 Purchases and Contracts. MOTION: Move to waive the reading of Ordinance No. 1603, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1603, 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 - none B. Bid Considerations 1. Adopt Resolution No. 2011 -098, being a resolution accepting bids and awarding a contract p71 for MSC garage floor repairs and coating MOTION: Move amend the 2011 Public Works budget by $85,000 from Fund 411 - General Government building for a total 2011 budget of $155,000 for MSC floor repairs and traffic coating. MOTION: Move to waive the reading of Resolution 2011 -098, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -098 being a resolution accepting bids and awarding the 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108, to SPS Infrastructure, Inc. of St. Paul, Minnesota based upon their low, qualified, responsible bid in the amount of $154,212.00 with funds to be appropriated from Fund 701 -51108 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 2. Bids for 2011 Hart Boulevard trail and alley improvement projects p75 MOTION: Move to reject bids for the 2011 Street and Alley Improvements, City Project Numbers 1110 - Hart Boulevard Trail, 1111 - Alley Construction, Jackson to Van Buren Streets, north of 40th Avenue, 1112 - Alley Construction, 4th to 5th Streets, south of 43rd Avenue, and 1113 - Miscellaneous Storm Sewer Project, and to rebid the work in 2012. 5 City Council Agenda Monday, September 26, 2011 Page 4 of 4 C. New Business and Reports - none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF /pvm 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, SEPTEMBER 12, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 12, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Church of All Nations - Pastor Mauro Souza Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Tardy: Council member Williams (arrived at 9:29) PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson indicated the date correction on Ordinance 1603 as the second reading will be on September 26, 2011. Peterson stated that Schmitt will report on the Clean Water Summit she attended. Nawrocki requested to add discussion to seek legal and financial advisor bids, the newsletter, and the Manager's performance review. Peterson stated these will be added to new business. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction - Tori Leonhardt - Accounting Clerk II — Utilities Finance Director Joe Kloiber introduced Tori Leonhardt. Leonhardt thanked the Council for this opportunity and described her work background. B. Proclamation - Falldin Post #555 65th Anniversary Peterson read the Proclamation. John Hunter introduced the Post Commander Bob Soderquist, Roger Strom, and Dale Stacey. Soderquist invited everyone to the event. Hunter came forward to accept the proclamation and gave the service background of the members present. C. Proclamation - Remembrance Sept. 11 Diehm read the Proclamation. Peterson also indicated that Friday is designated as Patriot's Day. A ceremony will be held in Spring Lake Park. D. Proclamation - Constitution Week September 17 — 23, 2011 Nawrocki read the Proclamation. It was presented to Ann Essling of the Daughters of the American Revolution. E. Proclamation - Domestic Violence Schmitt read the Proclamation. F. Proclamation - Financial Planning — October 3 — 11, 2011 Peterson read the Proclamation and presented it to President Elect Mike Miller of the MN Financial Planning Association. He thanked everyone for this recognition. 7 City Council Minutes Monday, September 12, 2011 Page 2 of 11 Schmitt stated she attended the local leader's portion of the Clean Water Summit 2011 at the Arboretum. She indicated that she worked many years with the County Extension Office and was excited that they worked with this group. She was honored to accept the Columbia Heights Tree City Award for our 19 consecutive year. One topic was the importance of trees to storm water issues. Peterson stated that Dolores Strand and Pat Sowada are now in Lomianki, Poland for the annual American Flyers ceremony. Peterson indicated his pride that our City Manager, Walt Fehst, has been asked to do a presentation at the Annual National Manager's Conference in Wisconsin. CONSENT AGENDA Nawrocki requested to remove items C, D, and E for discussion. City Manager Walt Fehst took Council members though the Consent Agenda items: A. Approve minutes of the August 22, 2011 City Council meeting. Motion to approve the minutes of the August 22, 2011 City Council meeting. B. Approve Transfer of Funds from General Fund to Police Dept Budget re Grant Reimbursement and Overtime Details Motion to transfer the following: $7,161.49, the amount received as reimbursement under the JAG grant; $3,500.00, the amount received from District 13 for traffic enforcement at the Summer Academy; $2,405.00, the amount received for overtime details at Unique Thrift; $346.88, the amount received for a security detail at Heights Theater; and $75.00, the amount received from Global Academy for a security detail at their 5K event from the General Fund to the Police Department 2011 Budget, Overtime line item. C. First Reading of Ordinance No. 1603, being an Ordinance Amending Chapter 6, Section 56 of the City Charter Pertaining to Purchases and Contracts - removed D. Adopt Resolution 2011 -92 being a Resolution ordering preparation of a report for the Zone 7 street rehabilitation program, City project 1202 - removed E. Adopt Resolution 2011 -93 being a Resolution ordering preparation of a report for the Zone 6 street seal coat program, City project 1201 - removed F. Authorization to purchase an LED sign for City Hall - table to September 26, 2010 City Council meeting. Motion to table authorization for the purchase of one LED sign to the September 26th City Council meeting. G. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for September 12, 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 September 12, 2011 as presented. I. Review payment of the bills. Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 14167 through 140514 in the amount of $1,068,131.19. City Council Minutes Monday, September 12, 2011 Page 3 of 11 Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of C, D, and E. Upon vote: All ayes. Motion carried. C. First Reading of Ordinance No. 1603, being an Ordinance Amending Chapter 6, Section 56 of the City Charter Pertaining to Purchases and Contracts Diehm stated that previously the Charter Commission forwarded a recommended change to add the $15,000 spending limit, which was not approved by Council. This language would remove the $3,000 spending limit number, as it is outdated. Nawrocki indicated he would vote against it and likes the comparison listed. Diehm stated that the voters overturned that wording to allow the Council to make the decision. Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1603, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Diehm, to schedule the second reading of Ordinance No. 1603, being an ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights for September 26, 2011, at approximately 7 p.m. in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -92 being a Resolution ordering preparation of a report for the Zone 7 street rehabilitation program, City project 1202 Kevin Hanson, Public Works Director, indicated this resolution directs staff to prepare a feasibility report for Zone 7 Street Rehabilitation. This area is south of 40` Avenue between Central and University and west of University from 37 to 35 Avenues. It will look at the type of road treatment necessary. Nawrocki questioned if this would be assessed. Hansen stated that would be determined at a future meeting. The city has used assessments for partial funding. Nawrocki stated that Jefferson and Main Street are state -aid streets and would not be included. Schmitt questioned the multi -city bidding program. Hansen stated that is only for the seal coating program. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -92, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -92, being a resolution ordering preparation of a report for the Zone 7 Street Rehabilitation Program, City Project 1202. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2011 -93 being a Resolution ordering preparation of a report for the Zone 6 street seal coat program, City project 1201 Hansen stated this traditionally follows the street reconstruction. Zone 6 is 40` to 44 Avenues between Central and University. This is through the multi -city bidding program. He referred to the map in the Council packet. Nawrocki indicated that there would be a hearing before the work is authorized. Motion by Schmitt, second by Diehm, to waive the reading of Resolution 2011 -93, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to adopt Resolution 2011 -93, being a Resolution ordering preparation of a report for the Zone 6 Street Seal Coat Program, City Project 1201. Upon vote: All ayes. Motion carried. 9 City Council Minutes Monday, September 12, 2011 Page 4 of 11 PUBLIC HEARINGS A. Adopt Resolution 2011 -91, 581 49th Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights Fire Chief Gorman indicated this abatement has been a several month process of dirt being removed from under the house and then spread in the yard. The owner has ordered sod, but must wait two weeks for it to arrive. The owner is cooperating, but the request is to continue with the resolution in case progress does not continue. Diehm asked if there was a permit pulled for the excavation. Gorman stated yes. He has completed other construction on the site and is working very cooperatively with our department. Schmitt questioned how long this has been going on. Fehst stated it has been three years, with a lot of sweat equity. They have been less than open to suggestions from the Building Official. Nawrocki stated that the address listed on cable is incorrect. Motion by Nawrocki, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2011 -91 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution Number 2011 -91 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2011 -95 being a resolution adopting a proposed budget for the year 2012, setting the proposed City levy, approving the HRA levy, and establishing a budget hearing date forproperty taxes payable in 2012. Peterson stated we would like to have Council member Williams here for this discussion and moved on to the next item. B. Bid Considerations Adopt Resolution 2011 -94 being a Resolution accepting bids and awarding the contract for 2011 Sanitary Sewer Lining, city project 1104 Hansen stated this is part of our annual sanitary sewer lining project to address deficiencies in our sanitary sewer pipe system and to eliminate inflow and infiltration (I &I). We bid two alternates; one is to line the connection points and the other is the emergency repair on 40` Avenue at Main Street. This line is in significantly bad shape. When staff estimated the work, it was less than the current rate of $30 per foot. There are two scenarios: we would consume the 2011 budget amount and include the 2012 budget or reject the bids. The normal bid is $150,000, but with the alternates it is more than that. Rebidding is not recommended, as similar projects are being bid at this same amount. It is a priority to reline the pipes between University and Main Street. Nawrocki asked if there is a lot more lining to be done in the city. Hansen referred to the I &I payments to the Met Council. This would work toward our requirement. There are a lot of old clay tile pipes that we are trying to correct. Nawrocki stated that we were paying an $85,000 penalty. When do we catch up and not have to pay this fine and will we get credit for this year. Hansen stated we would catch up at the end of 2012 and would receive credit for this year. Nawrocki questioned if the Metro Council program would be extended. Hansen stated it was already extended one year for us to complete the program. The Met Council will look at the result of the corrections taken in peak seasons. Over the last ten years we have focused on the worst areas of the city. Televising logs will show what needs to be done in 2013. Nawroct6 questioned the heavy rain issues in the Jackson Pond City Council Minutes Monday, September 12, 2011 Page 5 of 11 area. Hansen stated that area was lined in 2003. We are also focused on the replacement and lining of man holes. Schmitt questioned the pipe issues on 40` Avenue. Hansen stated the break was a 40 foot section that required a 60 foot replacement. We need to do this additional work to prevent a further collapse. Schmitt asked if this can be done before winter. Hansen stated yes. Motion by Nawrocki , second by Schmitt, to amend the 2011 budget to include the proposed 2012 budget for Public Works sanitary sewer construction of $125,000 for sanitary sewer lining and $25,000 for I/I reduction. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to waive the reading of Resolution 2011 -94, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution 2011 -94, being a resolution accepting bids and awarding the contract for 2011 Sanitary Sewer Lining, City Project No. 1104 including Alternate 1 and Alternate 2 to Insituform Technologies USA, Inc., of Chesterfield, Missouri based upon their low, qualified, responsible bid in the amount of $296,606.40 with funds to be appropriated from Fund 652 -51104 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. C. New Business and Reports Fehst stated that the Council consensus at the work session was to reject seeking legal bids at this time. Nawrocki indicated that action cannot be taken at a work session. City Attorney Jim Hoeft indicated that the meetings are properly noticed and action can be taken. It has been past practice to not do so. Motion by Nawrocki to seek legal bids for the city. Nawrocki stated that our contract is 15 years old. He referred to the survey completed and the differences due to contingencies. Diehm stated that the attorney to the city that pays less does not attend both Council meetings. Schmitt stated this was discussed at the work session, with the Finance Director indicating the audit services be would reviewed next year. Fehst indicated that if Council was dissatisfied with the legal service we receive, he would agree. We are getting one of the best prices and we are getting the best service. Nawrocki indicated that the City of Fridley has some lower hourly rates and they have a larger area. Nawrocki indicated that maybe we should not require the attorney to attend Council meetings. Schmitt indicated that it is too late in the budget cycle to go out for bids this year and next year it should be reviewed earlier. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Nawrocki to go out for financial service bids. Peterson indicated the need to keep a continuity this year considering that we have a new finance director. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki indicated displeasure with coverage of the budget in the fall city newsletter and requested to see the proposed winter article before it us published. 11 City Council Minutes Monday, September 12, 2011 Page 6 of 11 Schmitt stated that the budget will be posted on the internet. Fehst stated that after the approval it will also be available at the library. Peterson indicated that regarding the City Manager's review, he has only received a written response from Council member Schmitt and his own response. Schmitt questioned the process. Fehst stated that it would be of limited utility. He has been in the business 40 years. He referred to his difference in opinions with Council member Nawrocki and even offered to take any Council member to lunch and pay for it to hear negative or good comments on his perfoi trance. Diehm indicated that she has filled out her foiiir and agreed thata personal meeting to discuss concerns and praises would be best. Fehst stated his belief in daily reviews and discussion with employees as topics arise. Reviews based on actual items are the most productive. Schmitt stated she would prefer a one -on -one session, like is done in the regular business world. Nawrocki stated that this should be done as a group. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Nawrocki, Schmitt, and Asst. Community Development Director Sheila Cartney attended the local business meeting and he highlighted discussion items. Nawrocki referred to trash around transit benches. Some have trash receptacles and some do not. The benches are getting bad. Examples are the NW corner of 40 and Central and 47 and Central. Fehst stated that people have torn them apart for the aluminum. Peterson stated that he saw shelter work being completed today. Report of the City Attorney — nothing to report CITIZENS FORUM Peterson again gave the dates for the Falldin anniversary program on Sept. 24 and Patriots Day on September 16. He also indicated that on September 16 he will spend the night on the Top Valu liquor store roof to raise funds and awareness for the Lee Carlson Center for Mental Wellness. They serve about 300 people in Columbia Heights. Senator Barb Goodwin will also join him on the roof. Peterson returned to discussion of the proposed budget levy. Diehm indicated that this is our preliminary levy number. We can reduce the amount, but will not be able to go higher than this amount. Following this, budget hearing meetings will begin with department heads. Fehst reviewed the adopted four year plan that was amended to a five year plan to reduce our dependency on Local Government Aid (LGA). Our financial rating has increased by two points. This will be the third year of the plan with a recommended 3.98 percent increase. In 2010 we had a zero percent increase, in 2011 we had a one percent increase, and 2012 allowed a two percent increase. We are under two percent over all. Employees did not receive an increase in 2011 and have also taken furloughs. Fehst stated that he has taken a month without pay this year and will probably do so next year. We will receive $875,000 in LGA; however, the market value homestead credit was eliminated completely. Fehst stated that the comment "because of this there will be a tax increase" is not correct. With the shuffle of rates, we believe this will favor the lower valued homes. Joe Kloiber, Finance Director, referred to points made in the City Manager's budget message, indicating that the 3.98 percent levy increase is part of the five year plan, with the level of services approximately the same. With the loss of the market value homestead credit, the budget will require the use of $220,000 more in reserve funds. Despite using additional fund balance monies, we are still projected to be within the 12 City Council Minutes Monday, September 12, 2011 Page 7of11 State Auditor's guideline of working capital, through the end of 2013. Nawrocki gave the 2008 statistic increases and referred to the debt service owed. He referred to the possibility of new debt with the Library Board requesting a study for a new library and a new city hall. Diehm clarify the issue indicating they considered a resolution to request the appointment of a citizen task force to talk about the possibility of a new library. That would not require spending money. It would be a request for Council support to look at this. Nawrocki stated that it included a new city hall, which we do not need. Diehm stated that this would be for a group of citizens to discuss. Diehm indicated that Council member Nawrocki obtained this information as a member of the Friends of the Library. It has not been presented to this body. Nawrocki indicated that the financial detail of this book does not equal last year's book. It does not include the use of $416,000 in fund balance and does not talk about the County levy of over $200,000 a year. The average home owner will have a tax increase, due to the loss of market value homestead credit (MVHC). Fehst stated that we will not tax to recoup that amount, as other cities will do. The loss of market value homestead credit and local government aid was discussed. Nawrocki stated that we need to cut our budget, as homeowners have had to do. Nawrocki stated that this is a staff budget, not a council budget. We need more time to discuss the budget than two meetings. The budget levy does not include the previous debt service amounts certified to the County. Nawrocki questioned the amount of existing reserves. Nawrocki stated that in these tough times, one out of every eight homes in our community has or is facing foreclosure. He requested the proposed levy be zero. Fehst referred to the audit report. Some years we have decreased the fund balance by as much as $904,000 and some years it has increased. He referred to the cost to maintain a police department, the reductions in state aid, and the reduction in personnel. We do have services to provide. Nawrocki indicated his belief that we could eliminate the Community Development Director and not fill the IS position. Nawrocki requested to know the MOE levy required by State Statute for the library. Schmitt stated that the proposed budget levy is a 3.98% increase over last year and asked what portion of the increase is due to personnel costs. Kloiber stated that the expenditure tax increase is two percent. We could calculate the portion contributed to personnel. Diehm indicated that it is a significant amount. Fehst stated that 47 or 48 percent of the budget is personnel costs in the police and fire departments. Substantial changes would only incur by reducing personnel. Kloiber stated that the 3.98 percent is the increase of the proposed 2012 levy compared to the 2011 levy. The two percent increase is the increase of the proposed expenditures compared to 2011. The two percent is not half of the 3.89 percent. Kloiber indicated that the levy is only a portion of the revenue that funds expenditures. Schmitt stated that the police have not yet signed a contract. Fehst stated they are having meetings and leaning toward going forward with their contract, which includes a zero increase for this year and one percent for next year, but they have not yet voted. Nawrocki explained bonded indebtedness and the use of reserve funds. He questioned when we will run out of reserve funds to pay that debt. Kloiber indicated that some of the debt is always intended to have other sources of funding. It is planned and designed to collect funds over the life of the bond. We are required to certify the levy amount at 105 percent for the bond. Any year you do not cancel the debt you collect more than is needed and so there will always be some reserves. It was designed as part of the five year plan to phase out LGA from the operating budget and as it continues to be received it is available to take down this debt. Nawrocki stated that we should look to cut expenditures. Schmitt stated she has submitted budget questions, which have been answered. There will be more 13 City Council Minutes Monday, September 12, 2011 Page 8 of 11 answers in the detailed budget. She stated her concern that this is almost a four percent increase. The county and school district levies are going down. She would like to see us work on reducing this amount. Reducing it by one percent is less than $100,000. Diehm agreed that the detailed budget will give us a better sense as to what each department is doing. Councils have added things back into the budget. This resolution is a plan to work with. It is a staff budget at this point, as that is their job. Now we need to look at this. As an initial plan, it is good. Diehm requested copies of the budget questions and answers submitted by Schmitt. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -95 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -95, being a resolution adopting a proposed budget, setting the General, Library, and EDA proposed levy, establishing a budget hearing date for property taxes payable in 2012 of December 12, 2011 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $218,343. Motion to amend by Nawrocki to reduce the levy by $375,000 and prior to final consideration staff comes back with $375,000 in expenditure reductions. Peterson called for second to the amendment. Motion to amend dies for lack of a second. Council member Williams arrived at 9:29 p.m. Diehm described the current motion. Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. Peterson stated "Don't forget our service men and women. Don't take ourselves too seriously; you only have one life and if you work it right, that is enough ". ADJOURNMENT Mayor Peterson adjourned the meeting at 9:32 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2011 -92 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 7 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1202 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1202 ZONE 7 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other 14 City Council Minutes Monday, September 12, 2011 Page 9 of 11 improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2011 -93 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 6 STREET SEAL COAT PROGRAM - CITY PROJECT NO. 1201 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 6 that have not been rehabilitated under the street program, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1201 ZONE 6 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2011 -91 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Zeleaem Bekele (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 581 49 Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 22, 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 July 13, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 22, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 2, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all /any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; PALLETS, LARGE DIRT PILE, LARGE PILE OF CONCRETE CHUNKS, MISC GARBAGE, FENCE POSTS, METAL GATE, CONCRETE BLOCKS. ETC. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 581 49 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 581 49 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -94 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2011 SANITARY SEWER LINING, CITY PROJECT NO. 1104, TO INSITUFORM TECHNOLOGIES USA, INC. 15 City Council Minutes Monday, September 12, 2011 Page 10 of 11 WHEREAS, pursuant to an advertisement for bids for City Project No. 1104, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternate 1 Alternate 2 Base Bid plus Alternates 1 & 2 Insituform Technologies USA, Inc. $211,911.40 $22,707.50 $61,987.50 $296,606.40 Lametti & Sons, Inc. $434,672.00 $48,349.70 - - WHEREAS, it appears that Insituform Technologies USA, Inc. of Chesterfield, Missouri 63005 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Insituform Technologies USA, Inc. in the name of the City of Columbia Heights, for the 2011 Sanitary Sewer Lining, City Project No. 1104, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. RESOLUTION 2011 -95 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2012, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2012 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2012 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund 10,420,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 1 60,797 Capital Improvement 325,505 Capital Equipment Replacement Funds 374,021 Construction Funds 1,707,400 Central Garage Fund 648,232 Liquor Operating 8,450,146 Liquor Capital/Non- Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Storm Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Expense Including Interfund Transfers 34,018,534 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2012 Revenue General Fund 10,420,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 160,797 Capital Improvements 325,505 16 City Council Minutes Monday, September 12, 2011 Page 11 of 11 Capital Equipment Replacement Funds 374,021 Construction Funds 1,707,400 Central Garage Fund 648,232 Liquor Operating 8,450,146 Liquor Capital/Non- Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Storm Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Revenue Including Interfund Transfers 34,018,534 Section C. The following sums of money are levied for the current year, collectable in 2012 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,590,129 Estimated Library Levy 765,195 Estimated EDA Fund Levy 84,811 Total 8,440,135 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2012 in the amount of $218,343. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 12, 2011 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2012 that is higher than the tax rate calculated for the City for taxes levied in 2010 collectable in 2011. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $44,200 and General Obligation Bond Series 2006A in the amount of $102,990, and that the County Auditor is authorized to cancel the related Bond Levies in their entirety for taxes payable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of $225,000 and that the County Auditor is authorized to cancel $225,000 of the related Bond Levy for taxes payable in 2012, leaving a balance of $435,300 to be levied for taxes payable in 2012 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $103,973, and that the County Auditor is authorized to cancel $103,973 of the related Bond Levy for taxes payable in 2012, leaving a balance of $126,274 to be levied for taxes payable in 2012 for Series 2009A. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. 17 rfs, .v - 7 '� N Approved 4. !; 9/7/11 s COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES August 3, 2011 The meeting was called to order by Vice Chair Nancy Hoium, at 6:32 p.m. Members present were: Nancy Hoium, Steve Smith, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. Not present: Barbara Tantanella, and Patricia Sowada. The Library Board welcomed Boy Scout Sam Stockwell and his mother Audrey Stockwell to the meeting. The minutes of the July 6, 2011 Board meeting were approved as mailed. The bill list dated 7/20/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/10/11 of 2011 bills was reviewed from the floor. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 8/3/11 was reviewed. Old Business: 1. Progress on maintenance projects continues. a. Pipes were wrapped 8/3/11. b. Radiator covers will be painted and old sensors will be removed on. 8/4/11. c. The Purchase Order to paint the stained ceiling in the Boardroom is ready, and the fee will be billed to the boiler project. d. The wiring for the lower level air conditioner has been fixed temporarily. Repairs will be scheduled. 2. Training on the coin op for the public copier took place 8/3/11 after the installation of a new mother board. Jesse Hauf, IS, will cut to the new printer 8/4 and begin training on the print manager. Loader explained the purpose of the print manager. 3. The new furniture and Gates Grant computers were installed on 8/2/11. All computers are the same model and Hauf will be able to perform updates remotely. With the Gates Grant, the Library added two internet terminals and one catalog terminal. Loader and Ramon Gomez will complete Tech Atlas for the Gates Grant and send photographs of the new computers to Jym Wroblewski at the State. Tech Atlas is inventory software that must be completed once all computers are installed. Vesley asked about future updates through the Gates Foundation. Loader stated that the Grant only covers hardware and not upgrades. Smith asked how the Grant funds were distributed. Loader stated that the funds were distributed based on need through the State. 4. The Community Picnic on July 19 was very successful, but hot. Attendance was down due to the extreme heat index. The Library gave away tattoos, bookmarks and talked about library services. The Board was pleased with the report and hopes the Police Department continues to sponsor the annual event. 1 18 5. The Linder's fundraiser for the Library Foundation earned $495.99, which is equal to the amount earned last year. 6. At the July 25 City Council meeting, Renee Dougherty, Adult Services Librarian, presented statistics and information concerning e -book and audio book services. The presentation was very well received by the Council. The Library plans on bringing the summer Volunteens, led by Dan Kleinfehn, to an August Council meeting. 7. Smith refinished a small table from the original library. The table has traveled with the Library through many locations and is probably from the 1930's. Along with books, the Silver Lake School Mothers' Club solicited donations of furniture, so the table may have come from a patron's home. The table is labeled, #249, though the origin of this number is still being investigated. Loader will add a brass plate telling of the table's history and the table will be used in the East Room. New Business: 1. Loader and Hendren presented a PowerPoint that displayed images and texts concerning areas of the Library building that need maintenance. The Board recommended pairing the PowerPoint with a second that shows the positive sides of the building, including the new computers and the many programs offered by the library. Once this is completed, the Board would like to bring the two presentations to a City Council work session. 2. The June crossover statistics were reviewed by the Board. 3. The Board reviewed the Unique Management Status Report. Loader presented a table prepared by Hendren comparing collection patrons from the first 7 months of 2009, when accounts were handled in- house, to the first 7 months on 2011, with accounts being handled by Unique Management Services. The statistics show that more money was received when accounts were handled in- house. The benefits of UMS are a large savings in staff time, as well as the budget neutrality agreement, where CHPL never pays more than is received back from Collections patrons. 4. Loader and Marlene Moulton Janssen, ACL director, prepared a proposal for the Board concerning the fees Columbia Heights will be charged for the Overdrive e -book service. The proposal lists $2,500 for initial start -up of the collection, plus a fee based on a percentage of circulation to cover the Overdrive interface and collection expenses. This percentage will be evaluated every July for the next year's budget. ACL negotiated the contract with Overdrive and CHPL was included as a participating site. Hoium made a motion to accept the terms of the County proposal. It was seconded, and passed that the proposal be accepted. 5. The Board appreciated the summary of Legacy funding prepared by Mary Oliver and Monica Campbell of ACL. The summary shows how the money was spent, used, and how many people were affected. Loader stated that ACL did a great job of matching the events to the areas of the County where they were held. The possibility of Legacy funding sub grants did not pass in the legislature. Loader will keep the Board apprised of any changes. 2 19 6. A resolution requesting the formation of a task force for the purpose of planning a new building to house the public library and city hall was read and reviewed by the Library Board. The Board discussed the timing of the request. Diehm stated that now was a good time for a task force due to the need to prepare for the building possibility and the low funding needs of a task force. The Resolution was offered for consideration by Hoium. Hoium moved to approve the resolution requesting that the City Council form a task force for the purpose of planning a new building to house the public library and city hall. The motion was seconded, and passed. The joint resolution must be approved by the Library Foundation and Friends of the Library before further action can be made. 8. The Board appreciated the thank you letter to the Friends and is impressed by all the Friends do for the Library. Items from the Floor: 1. Due to budget cuts in the Washington County Library system, the Lake Elmo library has had hours and services reduced. The City Council of Lake Elino has passed a resolution to separate from the Washington County system and to create a library levy. Due to this action, the MELSA directors are reviewing the associate library member agreement. CHPL has had a contract with ACL utilizing this agreement since 1972. Loader and Moulton- Janssen have discussed the associate member agreement and will monitor the situation. 2. The Board reviewed the statistics for the Summer Reading Club. As of July 30` CHPL had 819 children and teens registered in the program. 3. Dan Kleinfehn has received his teaching license, yet plans to continue working as a Page after his summer Children's Assistant position ends on September 9 4. Photos from the Jamboree parade were passed around to Board members. 5. Board members were reminded of the Pancake Breakfast at the Lighthouse of Columbia Heights on Friday, August 5` Proceeds from the breakfast benefit the Library Foundation. There being no further business, the meeting was adjourned at 8:10 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 3 20 CITY COUNCIL LETTER Meeting of September 26, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Gambling Permit, Immaculate BY Scott Nadeau,? BY / NO. Conception Church event; Nov 12, 2011 DATE: September 19, 2011 DATE: BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for an event to be held on November 12, 2011. Activities to be included are bingo and raffles. ANALYSIS /CONCLUSION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held November 12, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. COUNCIL ACTION: 21 Minnesota Lawful Gambling page 1 of 2 5111 L.G220 Application for Exempt Permit Application fee if_a_PPiii.Cation postmarked or received' An exempt permit may be issued to a nonprofit organization that: less than 30 days nore than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# Organization name Previous gambling permit number Church of the Immaculate Conception X-01151 Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit organization. Check one Fraternal Religious Veterans Other nonprofit organization Mailing address City State Zip Code County 4030 Jackson St NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Daytime phone number Email address Fr. Eugene Tiffany Attach a copy ofONE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. n onprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certificate must be obtained each year from, Secretary of State, Business Services Div., 180 State Office Building, St, Paul, MN 55155 Phone: 651-296-2803 0IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copses of both of the following: a . IRS letter showing your parent organization G a nonprofit 501(c) organization with a group ruling, and h. the charter or letter from your parent organization recognizes.) your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Church of the Immaculate Conception Address (do not use PO box) City or township Zip Cade County 4030 Jackson St NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) November 12, 2011 (Raffle drawing held November 12, 2011) Check the box or boxes that indicate the type of gambling activity your organleation will conduct: 1 Bingo 1 Raffles Paddlewheels* Pull-Tabs Tipboardsi Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board, EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn,us and click on List of Licensed Distributors, or call 651-639-4000. 22 LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL U IT OF GOVERNMENT ACK L G T 0. If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application, A township official is not required to sign the application. X The application is acknowledged with no waiting ..,_..._.The application is acknowledged with no waiting period. period. The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days. permit after 30 days (60 days for a 1st class city). The application is denied. _The application is denied, 't iC�B't� 3,'/� Print county name _ Print city name ,0_0..t4i ,.l4. + On behalf of the county, I acknowledge this application, ` Signature of county personnel receiving application On behalf of the city, I acknowledge this application. Signa ur of city pers. ,fir -I receiving application _ a 1 0 . Title Date_, Title14(t, ,pgoti _ i") -01( (Optional) TOWNSHIP: On behalf of the township, 1 acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE Print form and have CEO sign The information provided in this application is complete an. ". � to to the best of my knowledge. I acknowledge that the financial report will be comp/-, ed and e=turned to the Boar. within 30 days of the date of our gambling activity, A' a Chief executive officer's signature ._ �+"" . .II lie -- °�.._._._ Date, '!'! Complete a separate application for each gambling evefit; Financial report and recordkeeping « one day of gambling activity („-- required « two or more consecutive days of gambling activity A financial report form and instructions will « each day a raffle drawing is held be sent with your permit, or use the online fill -in form available at Send application with, www.gcb.state.mn,us. Within 30 days of the « a copy of your proof of nonprofit status, and activity date, complete and return the application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. Questions? To Gambling Control Board Call the Licensing Section of the Gambling 1711 West County Road 5, Suite 300 South Control Board at 651-639 -4000. Roseville, MN 55113 This form will be made available in alternative format i.e. large print, Braille) upon request. Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to Board members, Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the information; Minnesota's Control Board (Board) to determine your other information provided will be Department of Public Safety; Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management & Budget, and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; howeve r, if your Board issues the permit, all regulatory agencies; anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit, all information to the information; individuals and agencies for and, as a consequence, may refuse to issue provided remains private, with the which law or legal order authorizes a new use or a permit. If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested, the Board will be name and address which will and anyone with your written consent. able to process your organization's remain public, application. Reset Form 23 • Internal Revenue Service Department of the Treasury P. O. Box 2598 Cincinnati, OH 45201 Date: JUL 28;2009 Person to Contact: Roger Meyer Toll Free Telephone Number: 877 - 829 -5500 United States Conference of Catholic Bishops 3211 4 Street, N.E. Washington, D.C. 20017 -1194 Dear Sir or Madam: In a ruling dated March 25, 1946, we held that the agencies and Instrumentalities and all edt cattonal, charitable and religious institutions operated, supervised, or controlled by or In connection with the Roman Catholic Church In the United States, its territories or possessions appearing in The Official Catholic Directory 1946, are entitled to exemption from Federal income tax under the provisions of section 1 01(6) of the internal Revenue Code of 1939, which corresponds to section 501(c)(3) of the 1986 Code. This ruling has been updated annually to cover the organizations added to or deleted from the Directory. The Official Catholic Directory for 2009 shows the names and addresses of all agencies and instrumentalities and all educational, charitable, and religious institutions operated by the Roman Catholic Church in the United States, its territories and possessions In existence: at the time the Directory was published. it is understood that each of these is a non -profit organization, that no part of the net earnings thereof inures to the benefit of any individual, that no substantial part of their activities is for promotion of legislation, and that none are private foundations under section 509(a) of the Code. Based on ail information submitted, we conclude that the agencies and instrumentalities and educational, charitable, and religious institutions operated, supervEsed, or controlled by or In connection with the Roman Catholic Church in the United States, Its territories or possessions appearing in The Official Catholic Diary for 2009 are exempt from Federal income tax under section 501(c)(3) of the Code. Donors may deduct contributions to the agencies, instrumentalities and institutions referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to them or for their use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning January 1, 1984, unless specifically excepted, you and your subordinates must pay tax under the Federal Insurance Contributions Act (FICA) for each employee who is paid $100 or more In a calendar year, as indexed for inflation. You and your subordinates are not liable for the tax under the Federal Unemployment Tax Act (FUTA). • 24 The conditions concerning the retention of your group exemption as sot forth In our previous determination letter dated August 17, 1983, remain in full force and effect. Sincerely, 6 ;st. gy 11 err Cindy W- •ft Manager, Exempt Organizations Determinations • 25 Ems, AR'x "' *fi `7esus Christ is the sc yesterday, today and, forever." Heb. 13:8 + Archdiocese of w Saint " Paul and eapolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original deteiiuination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. es ids, 7 ,,,, ,.. L a :- •• . Eisenzrwmet Chancellor for Civtlfairs Enclosures 26 226 SUMMIT AVENUE • ST. PALL, MINNESOTA 55102 -2197 * TEL: (651) 291 -4405 * FAX: (651) 290 -1629 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date: Fire Sept. 26, 2011 No. ITEM: Approve Transfer of Funds from General Fund to Fire BY: Gary Gorman Dept. Budget No: DATE: September 26, 2011 Background: The Minnesota Board of Firefighter Training and Education provides reimbursements of costs associated with firefighter training and certification. The funds are appropriated by the State Legislature from the Fire Safety Account and are dispersed through an application process. The Fire Dept. must pay for the training up front in order to be reimbursed. The Fire Dept. applied for $8000.00 of these funds to use for Firefighter I, Firefighter II, and Haz -mat Operation certification classes for new Paid -on -Call firefighters and Fire Officer I classes for some of our current firefighters. The first motion is to move this reimbursement from the General Fund into the Fire Department training budget. The second reimbursement motion is due to Federal FCC changes to radio band widths the forced the City to replace the radio equipment in our warning sirens to meet the requirements. Anoka County Emergency Management worked with a local vendor to bid for all of the sirens in the County in order to bring the cost down for the municipalities and then applied for Federal grant money, through the State of Minnesota, that covered 100% of the costs of this work. Again, the City had to pay the costs up front to be reimbursed. RECOMMENDED MOTION: Move to transfer $8,000.00, the amount received from the Minnesota Board of Firefighter Training and Education, from the General Fund to the Fire Department 2011 budget training line item. RECOMMENDED MOTION: Move to transfer $1773.80, the amount received from Anoka County, from the General Fund to the Fire Department 2011 budget repair and maintenance services line item. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: LELS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: POLICE OFFICERS DATE: September 15, 2011 DATE: NO: The labor agreement between the City and Law Enforcement Labor Services (LELS), representing Police Officers, terminated on December 31, 2010. Negotiations between the City's negotiating team and LELS resulted in LELS filing for mediation. Mediation was held on August 26, 2011, and resulted in a mutually acceptable labor agreement for calendar years 2011 and 2012. The proposed changes are as follows: Wages: 2011: 0% adjustment over 2010 wages 2012: 1% adjustment over 2011 wages Insurance: 2011: $775 per month (2010 = $745 per month) 2012: $805 per month Longevity: 2011: 0% adjustment over 2010 2012: 1% adjustment over 2011 Job Assignments: Investigator, School Liaison Officer, Corporal, and Drug Task Force Officer Pay: 2011: 0% adjustment over 2010 2012: 1% adjustment over 2011 Field Training Officer: Employees assigned as Field Training Officers shall receive .20 hour of compensatory time for each hour of their shift spent performing Field Training Officer duties (Current: .15 hour). Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $425 per full-time employee for 2011; $425 per full-time employee for 2012. (2010= $325) Sick Leave Severance: Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment year 1-5: 20% During employment year 6-10: 33% During employment year 11-19: 40% During employment year 20+: 50% COUNCIL ACTION: 28 CITY COUNCIL LETTER Meeting of: September 26, 2011 Page 2 of 2 Pages AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: LELS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: POLICE OFFICERS DATE: September 15, 2011 DATE: NO: All such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations (currently 1/3 cash payout). Vacation Accrual Vacation leave may not be accumulated to any amount greater than one and one-half times an employee's annual vacation. (Currently addressed in Personnel Policy—inserts same language in contract.) Court Time Effective January 1, 2012, an employee who is required to appear in Court during his/her scheduled off-duty time shall receive time and one-half (1 3) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one-half times (1 ) the employee's base pay rate. An extension or early report to a regularly schedule shift for Court appearance does not qualify the employee for the three (3) hour minimum. (Currently, 2 hour minimum at one and one-half times base pay.) Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2011 and 2012. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011-96, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011-96, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2011 and 2012. COUNCIL ACTION: 29 RESOLUTION 2011 -96 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers 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 the 2011- 2012 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 Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of , 2011. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk Attachment: Three page proposal to Law Enforcement Labor Services, Inc. dated August 26, 2011 30 August 26, 2011 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 311) POLICE OFFICERS AS A RESULT OF MEDIATION 1. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his /her scheduled off -duty time shall receive time and one -half (11/4) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one -half times (11/4) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. Effective January 1, 2012, an employee who is required to appear in Court during his /her scheduled off -duty time shall receive time and one -half (11/4) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one -half times (11/4) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. For Anoka County Attorney's Office cases, when a Police Officer is off duty and has been notified that his or her testimony may be necessary, the Police Officer shall receive two hours of standby compensation at straight time (to be paid or taken as compensatory time at the Officer's election) for each day that he or she is to continue calling for instructions. 2. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of seven hundred and seventy -five ($775) dollars per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long tern disability insurance for calendar year 2011. 17.2 The EMPLOYER will contribute up to a maximum of eight hundred and five ($805) dollars per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2012. 17.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 31 3. ARTICLE XXI LONGEVITY Employees with continuous employment shall receive a supplementary pay in the amount set forth below: 2011 2012 After four (4) years of continuous employment $ 93.92/mo. $ 94.86/mo. After eight (8) years of continuous employment $156.55/mo. $158.12/mo. After twelve (12) years of continuous employment $219.16/mo. $221.35/mo. After sixteen (16) years of continuous employment $281.78/mo. $284.60/mo. 4. ARTICLE XXIII SICK LEAVE 23.4 Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment year 1 -5: 20% During employment year 6 -10: 33% During employment year 11 -19: 40% During employment years 20 +: 50% All such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. 5. ARTICLE XXV VACATION 25.4 Vacation leave may not be accumulated to any amount greater than one and one -half times an employee's annual earned vacation. 6. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 2011, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 2012. 7. APPENDIX A 1. WAGE RATES a. Effective January 1, 2011 After 36 months of continuous employment $5593.00 per month Top Patrol Rate Start .65% of Top Patrol Rate After 6 Months 70% of Top Patrol Rate After 1 Year 80% of Top Patrol Rate After 2 Years 90% of Top Patrol Rate After 3 Years Top Patrol Rate 32 b. Effective January 1, 2012 After 36 months of continuous employment $5,649.00 per month Top Patrol Rate Start .65% of Top Patrol Rate After 6 Months 70% of Top Patrol Rate After 1 Year 80% of Top Patrol Rate After 2 Years 90% of Top Patrol Rate After 3 Years Top Patrol Rate c. Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the three year rate of pay. d. As a form of additional compensation, the City will contribute $1 per permanent and probationary full -time employee toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2011 and $425 for calendar year 2012. 2. a. Employees classified or assigned full time by the EMPLOYER at its sole discretion to the following job positions, will receive per month the amounts set forth below opposite the assignment or such amount pro rated for less than a full month in addition to their regular wage rate: 2011 2012 Investigator (Detective) $152 $154 School Liaison Officer $152 $154 Drug Task Force Officer .... $152 $154 Corporal $152 $154 b. Employees assigned as Field Training Officers shall receive .20 hour of compensatory time for each hour of their shift spent performing Field Training Officer duties. 33 CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2011-097 BEING A BY Kevin Hansen BY: 4/.,,,- 1/4 RESOLUTION ESTABLISHING AMOUNT OF CITY DATE: 9/22/11 DATE: SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED Consistent with Minnesota Statutes and City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is done annually and staff considers this a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -097, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -097 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. Attachment: Resolution 2011 -097 COUNCIL ACTION: 34 RESOLUTION NO. 2011 -097 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of August, 2011, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2011, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION PORTION _ TOTAL 2011 Street Rehabilitation Project 1102 $303,370. $372,885. $676,255. 2011 Street Rehabilitation Project 1102 General, Capital, State Aid and Utility Funds $362,470. - _ $362,470. Zone 5 Street Seal Coat, Project 1101 $ 13,040. $130,395. $143,435. Passed this 26 day of September, 2011 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 35 CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: LED SIGNAGE FOR CITY HALL BY: Kevin Hansen BY: ��-� DATE: 9/26/11 DATE: The liquor stores on Central and 37 Avenues have constructed color LED signs. LED signs provide an excellent and cost - effective method of advertising the liquor store business and providing an additional resource for information. The sign that staff is recommending would be similar in display area, with a metal frame and City identification on top. The existing posts would be fitted with shrouding for improved appearance. Staff has received two price quotes from three competitive sign companies to install an LED sign that would fit on top of the existing pylons, replacing the current letterboard sign at City Hall. The proposed sign would provide full color display on both sides. Staff has been working with the three vendors and their proposals to ensure that we receive the best quality, most cost - effective sign to fulfill our needs. Two vendors have submitted proposals and the third expects to provide one by the end of the month. At this time it is estimated that the cost of the sign, with installation, will be $27,000 to $30,000. Before the sign can be installed we need to submit an application to the Planning & Zoning Commission for a conditional use permit. Staff is planning to put this on the October Planning & Zoning agenda for review and approval. RECOMMENDED MOTION: Authorize staff to prepare and submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage to replace the letterboard sign located at 590 40 Avenue. Attachment: Conditional Use Application COUNCIL ACTION: 36 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be fiIIed out by City: CASE NO.: DATE RECEIVED: APPLICABLE ORDINANCE NO.: 9.104(H) DATE OF LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: City of Columbia Heights City Hall: LED sign PROJECT ADDRESS/LOCATION: 590 40 Ave LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page ifnecessary): 590 40 Ave, Columbia Heights, MN 55421 PRESENT USE OF PROPERTY: Municipal Services - City Hall PROPOSED USE OF PROPERTY: Municipal Services - City Hall REASON FOR REQUEST (please attach a written narrative describing the intended use ofthe property and justification for your request. Describe any modifications and/or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive PIan.) APPLICANT Kevin Hansen PHONE 783-706'3705 FAX 763-706-3701 E-MAIL Kev|n.Haneen@oi.c0|unnbimheighta.rnn.us CELL N/A ADDRESS 637 38 Ave NE CITY Columbia Heights STATE MN ZIP 55421 FEE OWNER OF PROPERTY City of Columbia Heights ADDRESS 590 40 Ave PHONE 763-700-3000 FAX 763-706-3637 CITY Columbia Heights STATE MN ZIP 55421 Page 1 of 2 37 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee $ TOTAL AMOUNT RECEIVED $ CITY RECEIPT NUMBER DATE RECEIVED Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: Walt Fehst, City Manager, 09/26/2011 APPLICANT SIGNATURE DATE Gary Peterson, Mayor, 09/2612011 PROPERTY OWNER SIGNATURE (If different from Applicant) DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 38 CITY COUNCIL LETTER Meeting of September 26, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY Gary Gorman BY: 1 Licenses NO: DATE: September 20, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for September 26, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 39 W7 tam Print Rental Licenses to COLUMBIA HEIGHTS ,e,fai.. approve by CC ins. ti. Division 825 41st Avenue N.E, - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax 763 - 746 -8151 10054 3820 TYLER ST NE MDC 2000 F11226 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10054 3820 TYLER ST NE Cities Home Rentals F11226 1845 Stinson Pkwy #212 $ 150.00 Minneapolis, MN 55418 10099 4134 7TH ST NE Warfa, Muhidin F11362 3853 Keyes Street $ 150.00 Columbia Heights, MN 55421 10140- RY3807 GAUVITTE ST NE Greenway, Arvella F11255 829 Thornton St SE $ 150.00 Minneapolis, MN 55414 10214 1843 39TH AVE NE Rowe, Jason F11180 1721 Fulham ST Apt G $ 150.00 Lauderdale, MN 55113 10241 3962 5TH ST NE Saykally, Jessica F11292 1543 Deleware Avenue $ 150.00 St. Petersberg, FL 33703 10306 4422 7TH ST NE Anglin, Bobby F11305 414 66th ST SW $ 150.00 Waverly, MN 55390 12009 1274 CIRCLE TERRACE BLVD NE Ahmed, Sarfaraz F11095 1274 CIRCLE TERRACE BLVD NE $ 150.00 Columbia Heights, MN 55421 12011 1077 POLK CIR NE Collins, Roger F11240 63 Oakwood Drive $ 150.00 New Brighton, MN 55112 12079 4601 TAYLOR ST NE Corbett, Chad F11186 4603 Taylor Street NE $ 150.00 Columbia Heights, MN 55421 12090 952 44 1/2 AVE NE George, Gary F11184 950 44 -1/2 Avenue $ 150.00 Columbia Heights, MN 55421 09/20/2011 10:59 Page 1 40 A do Print Rental Licenses to y , , approve by CC tot ins ti Division 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763 -7O6 -8151 12161 4527 TAYLOR ST NE Langie, Dorothy F11235 4525 Taylor Street NE $ 150.00 Columbia Heights, MN 55421 12185 1043 POLK PL NE Sturdevant, Joseph F11219 6182 Heather Circle $ 150.00 Fridley, MN 55432 20019 633 51ST AVE NE Therrien, Thomas F11314 21655 Co. Road 117 $ 150.00 Corcoran, MN 55374 20031 4038 MADISON ST NE Holmbeck, Aaron F11281 2575 Union Avenue $ 150.00 Garner, IA 50438 20034 4401 JACKSON ST NE Maciaszek, Rose F11290 2882 Rice Creek Terrace $ 150.00 New Brighton, MN 55112 20035 4407 JACKSON ST NE Maciaszek, Rose F11290B 2882 Rice Creek Terrace $ 150.00 New Brighton, MN 55112 20057 4241 2ND ST NE On Time Contractors, Real Estate Div. LL F11303 809 Main Street $ 150.00 Hopkins, MN 55343 20062 1013 43 1/2 AVE NE Corbin, David F11181 2158 131st Av NW $ 150.00 Coon Rapids, MN 55448 20084 3732 3RD ST NE Brookline Enterprises, LLC F11183 3600 American Boulevard West #400 $ 150.00 Bloomington, MN 55431 20093 4616 TAYLOR ST NE HNA Properties F11191 4930 Pennine Pass N.E. $ 150.00 Columbia Heights, MN 55421 20095 3813 PIERCE ST NE Lamere, Gerald F11242 5080 Mulcare Drive $ 150.00 Columbia Heights, MN 55421 09/20/2011 10:59 Page 2 41 �� cc),„,„ COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC Ins ,‘ ti Divial e2m41st Avenue m.E.- Columbia Heights, wm e542,' Ph: 7ou-7uo-81mm' Fax: 7on'rm6-o`m1 20100 3825 JOHNSON ST NE Majewski, John F11250 1U512th Avenue NVV $ 150.00 New Brighton, MN 55112 20103 3722 3RD ST NE Rasmussen, Einer F11288 9524 Clinton Ave So $ 150.00 Bloomington, MN 55420 20123 840 50TH AVE NE Tohey, Joesph F11380 544 Summit Street NE $ 150.00 Fridley, MN 55421 20126 1141 CHEERY LN NE Jamu|.Khu|id F11003 1274 Circle Terrace Blvd. N.E. $ 150.00 Columbia Heightu, MN 55421 20132 1355 CIRCLE TERRACE BLVD NE Heights Homes, LLC F11087 13803 193rd Cir NW $ 150.00 Elk River, MN 55330 20151 1356 CIRCLE TERRACE BLVD NE N & G Properties LLC F11128 3450 Lexington Avenue 0/0 Donovan Gilbert SuiIelOOO Shonevievv, MN 55126 20151 1356 CIRCLE TERRACE BLVD NE Kienzle, Kris F11128 552 NW 24th Circle $ 150.00 Camas, WA 98607 20176 4108 MADISON ST NE Anderson, Erik F11263 18531 Jivaro St $ 150.00 Oak Grove, MN 55303 20185 4641 TAYLOR ST NE Six of One, LLC F11189 39 Pheasant Ln $ 150.00 North Ooko, MN 55127 20194 381O3RDSTNE Anderson, Kim F11254 1080 Sherwood Rd. $ 150.00 Shoreview, MN 55126 20227 1807 41ST AVE NE Town Development LLC F11122 1360 University Avenue W. $ 150.00 St. Puu|, MN 55104 09/20/20I1 10:59 Page 3 42 am 20 0 7 Print Rental Licenses to u ' approve by CC ! ,k:. , sten 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 - 706 -8151 20227 1807 41ST AVE NE Caputo, Steven F11122 1413 Salinas PI $ 150.00 Santa Barbara, CA 93103 20268 804 51ST AVE NE Siowieja Propeties, LLC F11301 708 Cleveland Avenue SW #160 160 $ 150.00 New Brighton, MN 55112 -3550 20268 804 51ST AVE NE Sowieja, Bryan F11301 708 Cleveland Avenue SW #160 160 $ 150.00 New Brighton, MN 55112 -3550 20388 1242 CIRCLE TERRACE BLVD NE Gutmann, Sheila F11007 4054 Birch Knoll Drive $ 150.00 White Bear Lake, MN 55110 Total # of Licenses 37 09/20/2011 10:59 Page 4 43 CITY COUNCIL LETTER Meeting of September 26, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: September 20, 2011 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the September 26, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011 and a Temporary Liquor License for Immaculate Conception's Fall Festival November 12th. At the top of the license agenda you will notice a phrase stating *Signed Waiver Faun Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for September 26, 2011 as presented. COUNCIL ACTION: 44 TO CITY COUNCIL September 26, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2011 BLDG Royal Plumbing Inc 14 Orchard Heights, Ct. Faribault $60 *EMC Services 321 Dean Ave E, Champlin $60 Northridge Plumbing Co. 6960 Madison Ave W, Golden Val $60 *Affordable Comfort dba Apollo Htg 6510 Hwy 36 Blvd, Oakdale $60 *Superior Htg & AC 3731 Thurston Ave NW, Anoka $60 *Professional Mech Services 624 Central Ave, Osseo $60 *Plumbing Czars LLC 12000 3 St NE, Blaine $60 TEMPORARY LIQUOR Immaculate Conception Church 4030 Jackson St $100 For event November 12, 2011 45 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September 26, 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 list of claims paid covering check number 140515 through 140689 in the amount of $ 1,073,197.68 . 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Cn 0 z • 0 0 Cn •• H CO O H 0 H a (� H H 0 W H a Z < 0 a 0 U W H a Cu N N Q Q I Ff 00 0 0 g 0 0 0 i H CITY COUNCIL LETTER Meeting of September 26, 2011 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman Abatement BY: DATE: September 20, 2011 DATE: NO: 11 -105 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2011 -105 — 4001 University Avenue for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -105 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2011 -105 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 55 RESOLUTION 2011 -105 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bonnie Eason (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4001 University Avenue NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 8, 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 May 24, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 8, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 15, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the parking lot that is deteriorated and falling apart 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4001 University Avenue NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 56 1. The property located at 4001 University Avenue NE constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 57 CITY COUNCIL LETTER Meeting of September 26, 2011 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ' ITEM: Adopt Resolution For BY: Gary Gorman BY: W ., Revocation DATE: September 20, 2011 DATE: NO: 11 -100 to 11 -104 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2011 -100 — 4116 Reservoir Blvd. 2011-101 — 4124 5 Street 2011 -102 — 3806 Gauvitte Street 2011 -103 — 4420 -22 Monroe Street 2011 -104 — 4630 Taylor Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -100, 101, 102, 103 and 104 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011 -100, 101, 102, 103 and 104 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 58 RESOLUTION 2011 -100 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 Duncan McClellan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4116 Reservoir 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 August 31, 2011 of an public hearing to be held on September 26, 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 July 20, 2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 31, 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 schedule an rental license reinspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10734 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. 59 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2011 -101 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 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 August 30, 2011 of an public hearing to be held on September 26, 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 August 30, 2011, after two extensions, 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 September 15, 2011 inspectors for the City of Columbia Heights performed a final inspection of 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. 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 F11038 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 61 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 62 RESOLUTION 2011 -102 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 Wells Fargo Bank N. A. (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3806 Gauvitte 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 August 12, 2011 of an public hearing to be held on September 26, 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 July 28, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 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 schedule a rental property inspection b. Failure to submit an application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3806 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; 63 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 64 RESOLUTION 2011 -103 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 Duncan McClellan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4420 -22 Monroe 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 August 8, 2011 of an public hearing to be held on September 26, 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 June 29, 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 August 8, 2011, after two extensions, 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 September 15, 2011 inspectors for the City of Columbia Heights performed a final inspection of 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/replace the front door that does not seal b. Shall re- secure the counter top in the kitchen c. Shall repair the leak in the bathroom window d. Shall repair /replace the tile in the bathroom e. Shall repair /replace the living room floor that is coming up and loose f. Shall have a licensed electrician repair the electrical outlet in the kitchen that is not working 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 65 1. The rental license belonging to the License Holder described herein and identified by license number F11374 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2011 -104 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 Gary Anderson (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4630 Taylor 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 September 1, 2011 of an public hearing to be held on September 26, 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 July 27, 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 September 1, 2011, after two extensions, 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 September 13, 2011 inspectors for the City of Columbia Heights performed a final inspection of 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 broken window in the kitchen b. Shall repair /replace the screen(s) on the building 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 F11176 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on 67 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 CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE BY: CHARTER NO. 1603, AN ORDINANCE COMMISSION DATE: PERTAINING TO CHAPTER 6, DATE: 9 -19 -11 SECTION 56, PURCHASES AND CONTRACTS NO: The Charter Commission previously presented a proposed amendment to the City Council regarding this chapter and section of the City Charter on May 9 and May 7, 2011, and it was not approved. Since that time, the Charter Commission members have held discussions on this specific chapter /section, and they are now presenting a different proposed amendment which eliminates any reference to a dollar amount, and inserting the words "the current amount set by the council ". The first reading by the City Council was held on this latest version of Chapter 6, Section 56 on September 12, 2011. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1603, being an ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights. COUNCIL ACTION: 69 ORDINANCE NO. 1603 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 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. 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 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 the current amount set by the council. 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. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: September 12, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 70 CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS r ITEM: RESOLUTION NO. 2011 098, BEING A BY: Kevin Hansen BY: �: :` RESOLUTION ACCEPTING BIDS AND DATE: September 20, 2011 DATE: AWARDING A CONTRACT FOR MSC GARAGE FLOOR REPAIRS AND COATING Background: The City has routinely spot repaired the garage floor and applied a protective epoxy coating to preserve the structural integrity of the concrete slab on a regular basis, at approximately 5 -year intervals. A protective coating was last applied in 2006 following completion of the MSC Renovation Project and prior to that in 2000. Continued floor maintenance work has been budgeted for in the 2011 Public Works Central Garage budget. The Council previously authorized staff to prepare bidding documents and seek bids. Analysis /Conclusions: The Municipal Service Center was constructed in 1971 for Public Works operations. The building's main floor is used for parking of light duty vehicles and equipment repair. At the time of construction the concrete floor was not coated with a protective traffic coating. It is believed that within a few years following construction, a protective coating was applied and has since been redone on approximately 5 -year cycles to preserve the integrity of the reinforced floor. In the last couple of years the concrete surface has experienced significant spalling, delamination, and deterioration of the reinforcing steel (where visible). Since the floor is nearing 40 years of service, a report was prepared by Stork Twin City Testing to conduct a condition analysis. The report details the process, testing and analysis that may be summarized as follows: • Condition analysis of the concrete slab, including concrete strength. o The concrete was tested in three areas and was found to have good compressive strength. The floor slab was designed with minimal thickness range of 7 to 8-1/2 inches. Through repairs in the last 15 years, staff has found actual slab thickness to be 5 inches in isolated areas. • Perform a salt analysis by testing concrete samples for chloride impact to determine corrosion impacts. o As the slab is reaching 40 years of use in a salt environment (i.e., plow trucks), it is expected to find chloride in the concrete. Chloride testing found excessive values in two of three test areas. • Perform a delamination survey. o Delamination/spalling was found throughout the top surface of the slab and in isolated areas of the underside. Bidding documents were prepared based on Stork Twin City Testing recommendation consisting of reinforcing steel replacement and concrete repairs, followed by a 4 -coat type epoxy traffic coating. Five contractors or suppliers requested copies of the bidding documents. Five bids were received and publicly read aloud at the September 15, 2011 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. The low bid of $154,212 was submitted by SPS Infrastructure — and only $88 separated the next low bid of $154,300. 'I� CITY COUNCIL LETTER Meeting of: September 26, 2011 AGENDA SECTION BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION NO. 2011 -098, BEING A BY: Kevin Hansen BY: RESOLUTION ACCEPTING BIDS AND DATE: September 20, 2011 DATE: AWARDING A CONTRACT FOR MSC GARAGE FLOOR REPAIRS AND COATING Page Two Staff had budgeted $70,000 in the 2011 Central Garage budget for the concrete repair and traffic coating work, which was based on similar work in the past, and prior to the detail floor study report being conducted. A detailed analysis of the condition of the floor was conducted in 2011 by Buildings Consulting Group (BCG), which recommended an project repair budget of $152,000. The bidding documents followed the BCG recommendations with spot concrete rehabilitation, rebar replacement and a new multi -layer type traffic coating have been placed in 5 -year cycles. The last major concrete rehabilitation of the MSC concrete floor was done in the late 1980s. Recommended Motion: Move to amend the 2011 Public Works budget by 85,000 from Fund 411 — General Government Building for a total 2011 budget of $155,000 for MSC floor repairs and traffic coating. Recommended Motion: Move to waive the reading of Resolution 2011 -098, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2011 -098 being a resolution accepting bids and awarding the 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108, to SPS Infrastructure, Inc. of St. Paul, Minnesota based upon their low, qualified, responsible bid in the amount of $154,212.00 with funds to be appropriated from Fund 701 -51108 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Minutes of the Bid Opening Resolution 2011 -098 COUNCIL ACTION: 1 2 RESOLUTION 2011 -098 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2011 MSC MAINTENANCE GARAGE FLOOR STRUCTURAL CONCRETE REPAIRS AND WATERPROOF COATING PROJECT, TO SPS INFRASTRUCTURE, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1108, MSC Garage Floor Repairs and Coating Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid SPS Infrastructure, Inc. $154,212 Cy -Con, Inc. $154,300 Restoration Systems, Inc. $162,980 Western Waterproofing Co. $178,790 TMI Coatings $191,200 WHEREAS, it appears that SPS Infrastructure, Inc. of St Paul, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with SPS Infrastructure, Inc. in the name of the City of Columbia Heights, for the 2011 Municipal Service Center Maintenance Garage Floor Structural Concrete Repairs and Waterproof Coating Project, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 1108 shall be funded from the General Government Building fund. Passed this 26 day of September, 2011 CITY OF COLUMBIA HEIGHTS Offered by: Second by: Roll call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 73 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, September 15, 2011, 10:00 a.m. 2011 Municipal Service Center Maintenance Garage Floor City Project 1108 Pursuant to an advertisement for bids for the 2001 Municipal Service Center Maintenance Garage Floor, City Project 1108, an administrative meeting was held on September 15 at 10:00 a.m. for the purpose of bid opening. Attending the meeting were: Todd Butts, SPS Infrastructure, Inc. Ben Grandbois, Western Waterproofing Co. Lesley Bona, Cy -Con, Inc. Kevin Hansen, City Engineer Steve Synowczynski, Shop Foreman Kathy Young, Assistant City Engineer Bids were opened and read aloud as follows: Bidder Base Bid SPS Infrastructure, Inc. $154,212 Cy -Con, Inc. $154,300 Restoration Systems, Inc. $162,980 Western Waterproofing Co. $178,790 TMI Coatings $191,200 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 74 CITY COUNCIL LETTER Meeting of: 9/26/11 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: BIDS FOR 2011 HART BOULEVARD TRAIL BY: K. Hansen BY: f' AND ALLEY IMPROVEMENT PROJECTS DATE: 9/21/11 DATE: Background: On June 13, 2011, the City Council authorized staff to seek bids for the Hart Boulevard Trail. Staff received authorization from Mn/DOT to advance the project on September 9, 2011, following plan review and revisions. Three other small construction projects were combined with the trail project to create a larger project and generate more interest from contractors. The other projects are explained in detail below. Plans and specifications were prepared and advertised for bids in the Sun Focus on September 1, 2011 and in the Construction Bulletin on September 12, 2011. Twenty-four contractors or suppliers requested copies of the bidding documents. Only two bids were received and publicly read aloud at the September 22, 2011 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis /Conclusions: The bids received by the City exceeded the Engineer's Estimates. Staff provided flexibility in the construction time frame by allowing non - critical projects to be constructed in the spring; however, the bid amounts were still high. Staff recommends rebidding the projects with the next phase of street rehabilitation work within a larger scope of work. Hart Boulevard Trail - Additionally, by using Municipal State Aid Funds on the Hart Boulevard Trail project, the State Aid review process added both extra items, such as additional grading, fencing, special bituminous mix and extra contract administration required of the Contractor. Alley Failure - The north 135' of the alley between 4 and 5` Streets, from 42 to 43 Avenues, is currently closed to traffic due to pavement failure. The north end of the alley is very steep. The edges of the concrete panels in the alley and the underlying soil have eroded away leaving large voids below the concrete. This end of the alley was slated for repairs with the Miscellaneous Concrete project; however, the damage is too severe. A temporary repair will be done so the alley is passable for the winter months. Petitioned Alley - The south 155' of the alley between Jackson and Van Buren Streets, from 40 to 41 Avenues ponds water and has been a drainage and surface condition problem for many years. Staff received a petition from the Credit Union, representing 50% of the fronting owners, to reconstruct the alley. Under current policy, the alley construction costs would be assessed to adjacent property owners. Failed Storm Sewer - The storm sewer projects consist of 1) replacing 80' of 12" vitrified clay pipe on Hart Boulevard at 37 Avenue because a section of the pipe has collapsed and 2) replacing a manhole cone section at the intersection of Innsbruck Parkway and Johnson Street. The deteriorated cone section has caused the soils under the concrete street to erode and left large voids below the concrete. 75 CITY COUNCIL LETTER Meeting of: 9 26/11 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: BIDS FOR 2011 HART BOULEVARD TRAIL BY: K. Hansen BY: AND ALLEY IMPROVEMENT PROJECTS DATE: 9/21/11 DATE: Page Two The project was bid in such a manner that any or all of the projects could be awarded to the low bidder by the City Council. Recommended Motion: Move to reject bids for the 2011 Street and Alley Improvements, City Project Numbers 1110 - Hart Boulevard Trail, 1111 - Alley Construction, Jackson to Van Buren Streets, north of 40 Avenue, 1112 - Alley Construction, 4 to 5 Streets, south of 43 Avenue, and 1113 - Miscellaneous Storm Sewer Project, and to rebid the work in 2012. Attachments: Bid opening minutes COUNCIL ACTION: 76 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, September 22, 2011 at 10:00 a.m. 2011 Street and Alley Improvements City Project 1110, 1111, 1112, 1113 Pursuant to an advertisement for bids for 2011 Street and Alley Improvements, City Project No. 1110, 1111, 1112 and 1113, an administrative meeting was held on September 22, 2011 at 10:00 a.m. for the purpose of bid opening. Attending the meeting were: Graham Parsons, Midwest Asphalt Corporation Jon Mitchell, New Look Contracting Mike Lenarz, Neenah Foundry Kathy Young, Assistant City Engineer Bids were opened and read aloud as follows: Bidder Project 1110 Project 1111 Project 1112 Project 1113 New Look Contracting $125,693.95 $ 75,701.00 $ 37,289.50 $108,772.50 Midwest Asphalt $121,733.50 $ 79,489.00 $ 50,929.00 $ 97,774.00 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 77