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HomeMy WebLinkAbout09/26/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, SEPTEMBER 26, 2011 The following are the minutes for the regular meeting of the City Council 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. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor David Mwihia, Church of All Nations. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, and Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson removed Resolutions 2011 -101, 2011 -103, and 2011 -104 in that the properties have been brought into compliance. Nawrocki requested to speak on the budget, the newsletter, and the manager's evaluation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS none CONSENT AGENDA City Manager Walt Fehst took the Council members through the Consent Agenda items. Nawrocki requested to remove items E, F, G, and J for discussion. A. Approve minutes of the September 12, 2011 City Council meeting Motion to approve the minutes of the September 12, 2011 City Council meeting. B. Minutes of Boards and Commissions Motion to accept the minutes of the August 3, 2011 Library Board meeting. C. Approve Gambling Permit, Immaculate Conception Church event; November 12, 2011 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a 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 budget. Motion 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. Motion 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. City Council Minutes Monday, September 26, 2011 Page 2 of 11 E. Adopt Resolution 2011 -96, being a Resolution regarding the Labor Agreement between the City and Law Enforcement Labor Services, Local 311 - removed F. Adopt Resolution 2011 -097 being a resolution establishing amount of city share and amount of special assessments on projects to be levied. — removed G. Authorize submittal of conditional use application for LED Signage for City Hall - removed H. Approval of attached list of rental housing applications. Motion 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 Motion to approve the items as listed on the business license agenda for September 26, 2011 as presented. J. Review payment of the bills. - removed Motion by Williams, second by Schmitt, to approve the Consent Agenda items, with the exception of items E, F, G, and J. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2011 -96, being a Resolution regarding the Labor Agreement between the City and Law Enforcement Labor Services, Local 311 Linda Magee, Assistant to the City Manager /Human Resources Director, stated that this reflects the same increase, given to the other unions, in wages: 0% increase for 2011 and 1% for 2012 and the same increase to insurance of $30 in 2011 and $30 for 2012. Longevity is exclusive to police and was adjusted by the same percentage as were wages and job assignments. Police officers deferred compensation moved to $425 on a matching basis (to now be in line with union non - exempt employees. Sick leave severance pay was the same as other groups, as was vacation accrual allowing accumulation up to one and one -half times their annual vacation. Court time, which is exclusive to police officers, increased from a two hour minimum to a three hour minimum at time and one-half. This is in line with other cities. Motion by Nawrocki, second by Schmitt, to waive the reading of Resolution 2011 -96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, 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. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2011 -097 being a resolution establishing amount of city share and amount of special assessments on projects to be levied. Nawrocki asked if the amount to be assessed is per foot or lot. Hansen stated the charge is on a per unit basis. It is a six percent decrease from the rates presented at the improvement hearing. The exact numbers will be available at the hearing next Monday. The full street reconstruction is approximately $2,900 and seal coating is $299. Hansen stated that the resolution contains two parts, one is the part that is assessed, and the other is the city portion. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -097, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, September 26, 2011 Page 3 of 11 Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -097, being a resolution establishing the amount of City share and special assessments on projects to be levied. Upon vote: All ayes. Motion carried. G. Authorize submittal of conditional use application for LED Signage for City Hall Nawrocki stated he is opposed to this at a time when people are hurting in the community. We need to cut back when we can. Schmitt asked what fund this would come from. Fehst stated from the capital improvement fund. Schmitt stated she is opposed to this on principle. Several businesses have asked for a sign on a pylon and we have denied them. Now we would upgrade to the same thing we have denied. Fehst stated that LED signs are allowed for institutions and schools districts, and the design guidelines are for Central Avenue businesses. Hansen stated that the City Planner has indicated that this is allowed by ordinance. Fehst stated that we could lower the pillars. The concern was a proliferation of signs on Central Avenue. This may not be good, as people are afraid to change signs because they would have to go smaller. This request is not under those guidelines. Diehm asked if Schmitt preferred the monument sign. Schmitt stated yes. Diehm asked why staff is recommending this. Hansen stated primarily the cost, $100,000 for the monument sign versus a larger sign, from 4x6 to 4x9, on the existing pylons for $30,000. Schmitt referred to the NE Bank sign removal. Diehm gave the history of the ordinance changes and indicated they could now have a sign that changes every ten seconds. Diehm stated she was the lone dissenter on the time change, but it went forward. She indicated other municipal buildings that have LED signs. Diehm stated that she is in favor of a monument sign, but to be cost conscious she would agree to this sign. Schmitt questioned lowering the sign. Fehst indicated concerns about positioning the sign for the best view. Hansen stated that it could be lowered, but adjacent parking would need to be considered. Nawrocki asked if this would be bigger than allowed. Hansen stated it would be 36 square feet and the ordinance allows 50 square feet. Fehst stated it would be smaller than the existing sign. Nawrocki referred to past requests from NE State Bank and the Credit Union, which were turned down. Fehst stated that they may have wanted a scrolling sign. Peterson stated they have a sign controlled from inside their building. Peterson stated that the industry has changed. We want to keep people informed. We began to look at this because when there is ice and it is slippery, an employee climbs a ladder to change the letters. If there is a slip and fall, we would have more expense than the cost of a sign and we could change a LED sign more often. We looked into this for safety. We have talked about the Planning and Zoning Commission re- addressing the sign ordinance. Motion by Diehm, second by Williams, to authorize staff to prepare and submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage to replace the letter board sign located at 590 40th Avenue. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. J. Review payment of the bills. Motion by Nawrocki the approval of the bills with the exception of A & C small engines. Nawrocki stated that Council member Williams is associated with this firm. Peterson indicated that this has been addressed before and Williams is not required to abstain from that vote. City Council Minutes Monday, September 26, 2011 Page 4 of 11 Peterson called for a second to the motion. Motion dies for lack of a second. Motion by Diehm, second by Williams, 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. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -105, 4001 University Avenue NE, being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated this is for repairs to the parking lot. We are working with the owners at this time. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2011 -105 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, 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. Upon vote: All ayes. Motion carried. 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 approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated that 4116 Reservoir is a license revocation due to failure to schedule a re- inspection. 3006 Gauvitte is a license revocation due to failure to schedule an inspection, submit the license application, and pay the fees. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2011 -100 and 102 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2011 -100 and 102, 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. Upon vote: All ayes. Motion carried. C. Second Readin_ of Ordinance No. 1603 an Ordinance Pertainin• to Chapter 6 Section 56, Purchases and Contracts. Motion by Diehm second by Williams, 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 Schmitt, to adopt Ordinance No. 1603, being an Ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights. Nawrocki stated that originally he indicated he would vote against this. There should be some kind of control on expenditures. He indicated his concern regarding expenditures for the same company that is broken up into several parts to avoid exceeding the $15,000 manager's approval limit. There should be some type of control. Diehm indicated that would be included in the City Council Minutes Monday, September 26, 2011 Page 5 of 11 authorization resolution and requested a copy for the Council to review and consider including an annual aggregate amount. This does not impact the request of the Charter Commission. Jim Hoeft, City Attorney, indicated that the Council sets the initial amount and is the body approving the subsequent purchases. If the body feels there is intent to violate the spending authority, you can address that. This issue is a housekeeping matter, but left to your discretion. Nawrocki stated that each new council should revisit the spending limit. He indicated that some items have been removed from the Charter, such as requirements for the first meeting of the year. Fehst indicated that most charter cities have set the spending limit at $25,000, but he requested it only be set at $15,000. Upon vote: All ayes. Motion carried. 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 for MSC garage floor repairs and coating Hansen gave the background on Council approval to obtain an assessment of the floor. The consulting engineer estimate was $152,000. Five bids were given out and five were returned. There was a difference in the two low bids of $88. One issue is that staff budgeted $70,000 for this in 2010. At that time we used the estimate from 2006 and had not done major repairs since 1988. We did not budget enough to cover this work. The bids came in close to the engineer's estimate, but to award the contract we need to amend our budget up to $155,000 to cover the work. It is concrete repair, rebar repair on the top and bottom surface, and a new traffic coating, which includes removal of the current surface and application of four layers of a new epoxy surface to eliminate salt penetration. Nawrocki stated he thought this was to be under $100,000. Hansen stated the hope was for that amount, but did not turn out to be so. This is maintenance to continue the life of the floor. Fehst stated that the loads were not adhered to because we were not made aware of them initially. Nawrocki stated that when it was built we did not have the heavy vehicles we have today. Diehm questioned how often a budget increase like this happens. Fehst stated that we generally stay within the budget. We could put this off and add more funds next year, but there are funds in the general government fund. Schmitt asked the time length of the project and if we could do half of the project this year and the other half next year. Hansen stated it would take about six weeks and was not bid in halves. Our intent, because of the season and the need for the epoxy to cure, is to have this done in October. Motion by Diehm, second by Schmitt, 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. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -098, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, 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- City Council Minutes Monday, September 26, 2011 Page 6 of 11 51108 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. 2. Bids for 2011 Hart Boulevard trail and alley improvement projects Hansen stated that Council authorized staff to look at pricing. In this case, the bids came in high and we recommend packaging this with a future project. Schmitt questioned League of Minnesota Cities grants for trails. Hansen stated that we have applied for trail grants through the DNR, but the grants go to trails with regional significance. Nawrocki questioned why the bids were so far off the estimates. Hansen stated that we only received two bids and it may be due to the time of year. Nawrocki referred to the time it takes to prepare bids. Motion by Schmitt, second by Williams, 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. Upon vote: All ayes. Motion carried. C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the city survey is now on line and a notice explaining it will be sent out with the water bills. There are ten questions, which are limited by the League of Minnesota Cities (LMC), but there is an area for additional comments. We will take responses until December 10. Diehm questioned when the new website will be available. Fehst indicated it may be ready by the end of October. Hansen stated that web site training will be held the first week in October. Peterson indicated that Council members received the detailed budget worksheets at this meeting. The Finance Director requests these be studied and indicates they will be discussed next Monday night. Fehst stated that all departments will be represented. Nawrocki indicated budget levy amounts for area communities as listed in the Anoka County newspaper. Fehst indicated that most of these communities are adding back to make up for the Market Value reduction by the State. Nawrocki again requested that the budget process take into account the financial situation our citizens are in. Peterson stated that the survey now available is very timely. We are in a five year plan to remove dependence on Local Government Aid (LGA). When he began, 45 percent of the budget was LGA and fiscal disparities. That is disappearing. The State Legislature has now eliminated the market value homestead credit. We were to receive $500,000 to $600,000, but we received about $200,000. When the State would have helped us build here, we did not. Now we are paying for projects ourselves. We are not taxing back for the loss of the market value homestead credit. Schmitt suggested placing an article on our web site describing market value credit. Fehst stated that the Finance Director is preparing a presentation on this for Monday's budget work session. Fehst explained how we will not be impacted. Nawrocki gave the history of things completed over the years. To say things were not done is a misstatement. He stated concern about the impact of the levy. Fehst responded by listing the reduction in personnel since he began working in Columbia Heights. Diehm read an article from the green sheet regarding police statistics from the State. We are City Council Minutes Monday, September 26, 2011 Page 7 of 11 supportive of our police department and we are trying to provide a community where people want to live and where property values are protected. With all of the pressure to watch the budget, we also need to be cognizant to protect our property values. Nawrocki stated that one out of eight homes have gone through tax forfeiture. Nawrocki questioned when he would see the newsletter draft. He stated concern about the budget article. Report of the City Attorney — nothing to report. CITIZENS FORUM Peterson reported on his fundraising adventure for the Lee Carlson Mental Wellness Center, by spending the night on the Top Valu Liquor Store roof. State Senator Barb Goodwin also participated. He thanked the Fire Department and Assistant Chief Larkin for their help. It was a success. Schmitt stated his granddaughter sang the National Anthem beautifully. Peterson stated: "Don't forget our service men and women; keep them in your thoughts and prayers. We attended the 65 anniversary of the Falldin Post celebration. They are a good organization. Don't take ourselves too seriously and do a random act of kindness." ADJOURNMENT Ma or Peterson adjourned the meeting at 8:07 p.m. Patricia Muscovitz CM City ' eel( 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. 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 (11/2) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one -half times (11/2) 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. City Council Minutes Monday, September 26, 2011 Page 8 of 11 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 (11/2) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one -half times (11/2) 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 term 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. 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. $158.121mo. 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 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 City Council Minutes Monday, September 26, 2011 Page 9 of 11 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. RESOLUTION NO. 2011 -097 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS 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 $362,470. - $362,470. General, Capital, State Aid and Utility Funds Zone 5 Street Seal Coat, Project 1101 $ 13,040. $130,395. $143,435. 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. City Council Minutes Monday, September 26, 2011 Page 10 of 11 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 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 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. 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: 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. 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: City Council Minutes Monday, September 26, 2011 Page 11 of 11 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: Failure to schedule a rental property inspection and 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; 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. 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. 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: 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. 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. City Project No. 1108 shall be funded from the General Government Building fund.