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HomeMy WebLinkAbout01/23/2012 Regular Session CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.cLcolumbia- heiehts.mn.us Robert A. Williams Bruce Nawrocki Tammcra 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, January 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. ('1')D /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor Bob Lyndes, Crest View Communities 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of POC Firefighter Tim Ryan B. Allina Stork Pin Awards C. Library - Winter Jackets (adult) and Book Warms (children) reading programs 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes p6 MOTION: Move to approve the minutes of the January 9, 2012 City Council meeting. B. Establish Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012 at p14 6:00 p.m. MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012, at 6:00 p.m. in the City Council Chambers. C. Appointment to the Economic Development Authority. p15 MOTION: Move to approve the Mayor's appointment of Gerald Herringer to the vacant six year EDA position. D. Approve Raffle, Little Voyageurs' Montessori School, St. Timothy's Church p16 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to 3 City Council Agenda Monday, January 23, 2012 Page 2 of 3 be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 29, 2011; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Authorize Purchase of Police Vehicles p22 MOTION: Move to authorize the purchase of two 2013 Ford Police Interceptor Sedan vehicles under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $49,380.22 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. MOTION: Move to authorize the Police Chief to expend up to $30,553.00 to set up and outfit two marked patrol cars. F. Approve Public Works Blanket purchase orders for 2012 budgeted items p24 MOTION: Move approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2012 budget amounts for: • De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky & Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties G. Adopt Resolution 2012 -14, being a Resolution authorizing MnDOT Agreement 99724R for the signal replacement on TH 65 at 50th Avenue. MOTION: Move to waive the reading of Resolution No. 2012 -14, there being ample copies 1)25 available to the public. MOTION: Move to adopt Resolution 2012 -14, being a resolution authorizing the City Of Columbia Heights to enter into Agreement No. 99724R with MnDOT for the replacement of the traffic signals on Trunk Highway 65 at 50th Avenue. H. 2012 Agreement for Residential Recycling Program with Anoka County p36 MOTION: Move to authorize the Mayor and City Manager to execute the 2012 SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and with funding available up to $49,630 as reimbursement for eligible expenses. I. Approval of attached list of rental housing applications. p44 MOTION: Move to approve the items listed for rental housing license applications for January 23, 2012 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for January 23, P48 2012 as presented. K. Review payment of the bills p 50 MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142029 through 142199 in the amount of $1,144,471.39. 4 City Council Agenda Monday, January 23, 2012 Page 3 of 3 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2012 -08, 3900 Jackson Street NE, and 2012 -09, 4414 Quincy Street NE being declarations of nuisance and abatement of violations within the City of Columbia Heights. p58 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012 -08, and 09 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2012 -08, and 09 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. B. Adopt Resolutions 2012 -10, 4223 7th Street N.E., 2012 -11, 5005 7th Street N.E., 2012 -12, 3807 Pierce Street N.E., and 2012 -13, 1827 41st Avenue, being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the p63 requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012 -10, 11, 12, and 13 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2012 -10, 11, 12, and 13 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. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT 4 �, f Walter R. Fehst, City Manager WF /pvm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JANUARY 9, 2012 The following are the minutes for the regular meeting of the City Council held at 7:05 p.m. on Monday, January 09, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Pastor Jeremiah Rice, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Motion by Nawrocki to place "Council Corner" back on the agenda. Peterson suggested discussing this at the next work session. Motion died as no second was received. Nawrocki requested to discuss the budget, newsletter, citizens academy, and library task force under the Manager's Report. Peterson stated that he and the City Manager attended the Air Force Reservists of the 934th Airlift Wing deployment at the guard center. 122 soldiers are being deployed to the Persian Gulf for four months. It was a moving experience. Fehst stated several Congressmen and Mayors, along with the families, were in attendance. Nawrocki stated he had the same experience, on the other side, when he was drafted for the Korean War. Fehst referred to the difference technology makes today in deployments. Peterson wished them the best. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS CONSENT AGENDA Nawrocki requested to remove items D and F for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve City Council meeting minutes Motion to approve the minutes of the December 12, 2011 City Council meeting. B. Accept Board and Commission meeting minutes. Motion to accept the December 7, 2011 Library Board meeting minutes. C. Adopt Resolution 2012 -001, being a resolution designating official depositories for the City of Columbia Heights. Motion to waive the reading of Resolution 2012 -001, there being ample copies available to the public. Motion to adopt Resolution 2012 -001, being a resolution designating official depositories for the City of Columbia Heights. 6 City Council Minutes Monday, January 09, 2012 Page 2 of 8 D. Designating an Official Newspaper for 2012 - removed E. Adopt Resolution 2012 -002, being a resolution to accept certain donations received by the City of Columbia Heights. Fehst thanked all of the donors and complimented the Boosters that have donated over $1,000,000 over the years, the Gates Foundation for library computers, and the Columbia Heights Activity Fund. Motion to waive the reading of Resolution 2012 -002, there being ample copies available to the public. Motion to adopt Resolution 2012 -002, being a resolution to accept certain donations received by the City of Columbia Heights. F. Adopt Resolution 2012 -03, being a Resolution authorizing application for the 2012 CDBG Grant. - removed G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 9, 2012 as presented. H. Review payment of the bills Motion that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received the list of claims paid covering check number 141654 through 142028 in the amount of $1,253,172.59. Nawrocki referred to the almost $3,000 paid for food for city events and that the budget for next year was increased, while Councilmembers were removed from any meal reimbursement. Motion by Nawrocki, second by Schmitt, to approve the Consent Agenda items, with the exception of items D and F. Upon vote: All ayes. Motion carried. D. Designating an Official Newspaper for 2012 Nawrocki indicated that the Sun newspaper was bought out by ECM. Should we contact the new owners and question things like if delivery will still be free. Fehst stated he is not sure how this will affect us, but we could contact them. Residents will receive a notice with their next utility bill indicating the phone number to call if they do not receive the Sun Focus newspaper. Motion by Nawrocki second by Diehm to designate Sun Focus News as the official City newspaper for 2012 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2012 -03, being a Resolution authorizing application for the 2012 CDBG Grant. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012 -03, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012 -03, being a Resolution of the City Council of Columbia Heights authorizing application for 2012 Anoka County Community Development Block Grant (CDBG) funding for the purpose of providing private commercial revolving loan funds in the amount of $100,000; and furthermore, to submit said application to Anoka County. 7 City Council Minutes Monday, January 09, 2012 Page 3 of 8 Scott Clark, Community Development Director, stated this was discussed by the EDA. They are applying for CDBG funding of $100,000. If so allocated, it would be for a revolving loan fund. This would come back to the EDA with the final rules and regulations. This helps the amount of equity that a resident can put into the loan. Nawrocki questioned if, in the past, we received $500,000. Fehst stated it was about $200,000 a year when he started working here. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012 -04, 1036 Gould Ave NE, being a declaration of nuisance and approving abatement of violations within the City of Columbia Heights. Fire Chief Gary Goiman stated this property came to our attention through Anoka County investigating the welfare of the homeowner at this address. The conditions suggested an intervention by us. We inspected the property with the owner's permission. We found conditions of the property unacceptable and the Building Official posted the property uninhabitable. This is to start the process for abatement. It is not our intention to do the abatement. The son has contacted us and hopes to clean up the property. Motion by Nawrocki, second Williams, to close the public hearing and to waive the reading of Resolution No. 2012 -04, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second Williams, to adopt Resolution No. 2012 -04, being a Resolution of the City Council of the City of Columbia Heights declaring 1036 Gould Ave NE 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. Second Reading to Adopt Ordinance No. 1605, Amending On Sale Wine License Requirements for Restaurants Motion by Diehrn, second by Williams, to waive the reading of Ordinance 1605, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance 1605, being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to on -sale wine licenses and requirements within the City of Columbia Heights. Schmitt stated that a resident called with concerns. She questioned the difference in classifications. Clark showed the different options for the On/Off Sale liquor licenses, club licenses, and temporary licenses. Restaurants must provide proof that 60 percent of their income in food sales. This is not a hard alcohol license. As questioned: the Star Bar does not have to meet the 60 percent requirement, as they have a hard liquor license. Nawrocki stated his opposition to the ordinance, as we do not need a lot of little beer joints. He indicated that staff said this is for economic development to attract more restaurants. We have a lot of restaurants now. Nawrocki asked if this would affect Jeff, Bobby and Steve's Auto World restaurant. Peterson stated it would affect any present or future restaurant with at least 25 seats. Nawrocki questioned if Williams would abstain on this matter. The City Attorney indicated that Council member Williams would not need to abstain. Voting is at Council member Williams discretion. 8 City Council Minutes Monday, January 09, 2012 Page 4of8 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Mayor Peterson, aye. 4 ayes — 1 nay. Motion carried. Williams indicated that if Auto World came forward with an application, he would abstain. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that we received a grant for the cleanup of the Root property. Peterson stated that we did not receive the MnDOT grant for the construction of a right turn lane from 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue). Fehst indicated that through physical observations there do not appear to be backups at that comer. We will continue observations. Nawrocki stated that traffic does back up at the intersections and cars have to wait through the next light cycle. He referred to possible future changes along Central Avenue being discussed by the Metropolitan Council. Nawrocki indicated some cities in Anoka County reduced or did not raise their levy. Budget information given did not indicate a utility rate increase. He stated that his questions on liquor store expenses and profitability should be answered at a public meeting and referred to the State Auditor's article on "Municipal Liquor Stores — avoiding pitfalls ". Nawrocki questioned when the draft newsletter would be available. Fehst indicated that staff articles were to be submitted last Friday. Nawrocki indicated his desire to be on the mailing list for notices and materials for the citizen academy and library task force. The library task force should be appointed by the City Council. The number of members should be decided by the Council. Members should not come from the Library's committees, but should be open to members of other boards or commissions. We need more publicity encouraging residents to apply. Diehm stated there was an article in the Sun Focus asking for applicants. Peterson stated that our Finance Director closely oversees and monitors our liquor store operations on a daily basis. Nawrocki stated that the two hearings on street rehabilitation will be held on January 18. Report of the City Attorney — Nothing to report CITIZENS FORUM Peterson stated: "Don't forget our service men and women. They are stationed all over the world protecting our freedoms. Thank them for their service. Don't take yourself too seriously and do a random act of kindness. " ADJOURNMENT Mayor Peterson adjourned the meeting at 7:49 p.m. Patricia Muscovitz CMC City Clerk 9 City Council Minutes Monday, January 09, 2012 Page 5 of 8 RESOLUTION NO. 2012 -001 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor, City Manager, Treasurer- Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor, City Manager, Treasurer- Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. RESOLUTION NO. 2012-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor - prescribed terms listed: DOC DATE DONOR REF AMOUNT PURPOSE THE KORDIAK SENIOR 2/9/11 COMPANY 137861 25.00 PROGRAM COLUMBIA SENIOR 2/11/11 HEIGHTS ASSEMBL 137882 100.00 PROGRAM SENIOR 2/16/11 NORTHEAST BANK 137932 100.00 PROGRAM COLUMBIA SENIOR 3/9/11 HEIGHTS ACTIVIT 138068 100.00 PROGRAM SENIOR 4/1/11 ZALLAR,BARBARA 138261 12.00 PROGRAM SHAMROCK SENIOR 4/1/11 CASINO TOURS 138262 20.00 PROGRAM 10 City Council Minutes Monday, January 09, 2012 Page 6 of 8 COLUMBIA SENIOR 4/1/11 HEIGHTS LIONS C 138263 100.00 PROGRAM COLUMBIA SENIOR 4/1/11 HEIGHTS ATHLETI 138264 2,000.00 PROGRAM WASHBURN- SENIOR 4/19/11 MCREAVY 138436 100.00 PROGRAM COLUMBIA SENIOR 4/19/11 HEIGHTS POST NO 138437 300.00 PROGRAM SENIOR 6/7/11 BREKKE,SANDRA 138948 3.00 PROGRAM SHAMROCK SENIOR 6/7/11 CASINO TOURS 138949 20.00 PROGRAM SENIOR 6/22/11 LILA RYTI 139095 25.00 PROGRAM NEMER,FIEGER & 5/16/11 ASSOC. IN 138706 500.00 RECREATION COLUMBIA 6/14/11 HEIGHTS ATHLETI 139010 20,000.00 RECREATION COLUMBIA 9/27/11 HEIGHTS WOMEN 0 140290 275.00 RECREATION THE KORDIAK 6/20/11 COMPANY 139060 25.00 FIREWORKS 6/20/11 NORTHEAST BANK 139061 100.00 FIREWORKS CREST VIEW 6/20/11 CORPORATION 139062 50.00 FIREWORKS COLUMBIA HGTS 8/3/11 LIONS CLUB 139552 1,000.00 FIREWORKS 6/7/11 PALS 139966 100.00 FIREWORKS 6/27/11 BORK,SETH 139157 200.00 HEIGHTS IDOL COLUMBIA 6/27/11 HEIGHTS WOMEN 0 139158 100.00 HEIGHTS IDOL 6/27/11 KORDIAK,JIM 139159 25.00 HEIGHTS IDOL Subtotal Fund 881 Contributed Projects - Recreation 25,280.00 1/3/11 Walmart 137560 1,000.00 FIRE 6/28/11 Centerpoint Energy 139163 1,250.00 FIRE Lighthouse of 7/6/11 Columbia Heights 139251 226.00 FIRE 8/24/11 Walgreens 139811 276.00 FIRE 10/7/11 Eugene Heffner 140518 405.00 FIRE 10/18/11 Perry, Gloria 140702 50.00 FIRE Frances A Benson 11/21/11 Trust 141255 50.00 FIRE Columbia Heights 11 /21/11 Rental 141256 150.00 FIRE 3/7/11 Anonymous 138047 128.92 LIBRARY 3/21/11 Anonymous 138156 159.80 LIBRARY 3/28/11 Anonymous 138205 400.93 LIBRARY 4/4/11 Anonymous 138283 LIBRARY City Council Minutes Monday, January 09, 2012 Page 7 of 8 173.99 Gates Foundation (Via 4/11/11 State of MN) 138346 2,600.00 LIBRARY Friends of Columbia 7/6/11 Heights Library 139246 600.00 LIBRARY 10/10/11 TIAA -CREF 140552 500.00 LIBRARY 4/27/11 Stockwell, Gary 138506 300.00 PARKS Columbia Heights 12/13/11 Activity 141459 1,200.00 PARKS 3/4/11 Alerus Financial Bank 130833 100.00 POLICE 6/28/11 Centerpoint Energy 139163 1,250.00 POLICE Subtotal Fund 883 Contributed Projects - Other 10,820.64 GRAND TOTAL 36,100.64 RESOLUTION 2012- 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2012 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE PURPOSE OF PROVIDING COMMERCIAL REVOLVING LOAN FUNDS IN THE AMOUNT OF $100,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY WHEREAS, the City has a significant number of small vacant commercial buildings, and WHEREAS, the City has identified goals and objectives through the EDA to continue efforts to improve the Central Avenue and other business corridors, and WHEREAS, the City is seeking Community Development Block Grant (CDBG) funds in an amount up to $100,000 for a commercial revolving loan fund, and WHEREAS, the direct financial assistance to for - profit business is listed as a high priority in the County's five year plan, and WHEREAS, the use of CDBG grants are consistent with the program's national objective of benefiting low and moderate income people, and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2012 Community Development Block Grant Program to be submitted by January 12, 2012; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that the City Manager or as required, and the Mayor, is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $100,000 for a commercial revolving loan fund RESOLUTION 2012 -04 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 Diane P. Egli (Hereinafter "Owner of Record "). 12 City Council Minutes Monday, January 09, 2012 Page 8 of 8 Whereas, the owner of record is the legal owner of the real property located at 1036 Gould Avenue, 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 posted on the property to the owner of record on January 6 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 20, 2011, the Building Official received a letter for Anoka County Human Services describing uninhabitable conditions of the property listed above. 2. That on January 5, 2012, the Building Official, the Fire Department, and Anoka County were granted access by the owner and the property was detennined to be, and posted as, uninhabitable by the Building Official. 3. That on January 6, 2012, notice of a Public Hearing was posted on the property. 4. That on January 6, 2012, a letter of explanation and requirements was mailed and posted on the property by the Building Official. 5. 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 meet the conditions set forth by the Building Official as stated in letter of January 6, 2012 6. That all parties, including the owner of record and any occupants or tenants, have been given 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 1036 Gould 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 1036 Gould 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. ORDINANCE NO. 1605 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ON -SALE WINE LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 5, Article 5, Section 5.505 (B) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 5.505 On -Sale Wine Licenses (B) "On -sale wine" licenses shall be granted only to restaurants which are conducted in such a manner that at least 60% of the annual gross receipts of the establishment must be derived from or attributable to the sale of food. Such establishment shall have facilities for seating not less than 75 25 guests at one time. A hotel shall be eligible for an on -sale wine license provided that, of that part of the total annual gross receipts attributable to or derived from the serving of food and wine, 60% or more of the annual gross receipts for a license year is the serving of food, the dining area must seat a minimum of 75 25 people at tables, and the hotel must have a minimum of ten rooms. Chapter 5, Article 5, Section 5.505 (K)(6) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 5.505 On -Sale Wine Licenses (K) No license shall be granted to any person: (6) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 13 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Date for BY: Walt Fehst By ° Annual Board of Appeal DATE: January 17, 2012 DATE: NO: Anoka County has requested that we select the date for the required annual Board of Appeal and Equalization. The available date for the City of Columbia Heights is Monday, April 9, 2012 at 6:00 p.m. in the City Council Chambers. Staff recommends the Council adopt the following motion: Recommended Motion: MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012, at 6:00 p.m. in the City Council Chambers. COUNCIL ACTION: 14 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVA ITEM: Appoint EDA BY Gary L. Peterson BY: ' NO: DATE: January 17, 2012 DATE: Background: The EDA term of Gerald Herringer has expired. The Enabling Resolution states that "members shall be appointed by the Mayor with approval of the City Council ". Recommended Motion: MOTION: Move to approve the Mayor's appointment of Gerald Herringer to the vacant six year EDA position. COUNCIL ACTION: 15 CITY COUNCIL LETTER Meeting of January 23, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE r APPROVAL: ITEM: Approve Raffle, Little Voyageurs' BY: Scott Nadeaj/� BY: Montessori School, DATE: January 13,2012 DATE: St. Timothy's Lutheran Church NO. BACKGROUND The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51' Avenue NE, has submitted a request to conduct a raffle on April 27, 2012 in that same location. A background check has been conducted on the Chief Executive Officer, Gina Cisneros. ANALYSIS /CONCLUSION Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee, the Police Department has no objection to the request. RECOMMENDED MOTION MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51" Avenue, Columbia Heights, on April 29, 2011; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. COUNCIL ACTION: 16 Minnesota Lawful Gambling Page 1 of 2 5/11 LG220 Application for Exempt Permit Application fee If application postmarked or received. An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Little Voyageurs' Montessori School, Inc. X-34356 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 825 51st Avenue NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Daytime phone number Email address • lsneros 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 . Dc n'L huve a copy? This certificate must be obtained each year fron Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 ,IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your cream:e'en under a parent organization, attach copies of both of the following: . IRS it2UfY 'hot-vit.g your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Little Voyageurs School Address (do not use PO box) City or township Zip Code County 825 51st Avenue NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) April 27, 2012 Friday Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* 1 Raffles Paddlewheels* Pull-Tabs* Tipboards* Gambling equipment for pull-tabs, bingo paper, tipboards, and paodlewhPels 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. .014.01.M.011•■ 1 7 LG220 Application for Exempt Permit Page 2 oft 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking 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. ,/ The application is acknowledged with no waiting The application is acknowledged with no waiting eriod, 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 aftcar 30 days (60 days for a 1st class cit permit after 30 days, y) ' The application is denied. _The application is denied. Print county name Print city name _ .44 .' ► On behalf of the county, 1 acknowledge this application. Signature of county personnel receiving application On behalf of the city, I acknowledge this application. Si. a ure of city p �s receiving application ilk Title .._--__..._ ---- -- --- _____ ---- - Tit!. ,, 1,141.,, __,O(,(,S.L te (.- (Optional) TOWNSHIP: On behalf of the township, I 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 applicati is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be comple aPd retur to the Board within 30 days of the date of our gambling activity. l /JI ha Chief executive officer's signature • i01-- l..t 1.J� Date .Complete a separate application for each gambling event: 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: Gornhlinu Control Bourd Call the Licensing Section of the Gambling 1711 West C::ounty Road 0, 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 1 8 Internal Revenue Service Department of the Treasury District Director Date: September 5, 1978 Employer Identification Number: A .�, i.. - ing: June 30 Form 990 Required: Yes El No Person o c 801 Little Voyageurs' Montessori School, Inc. Gaiovnik 825 - 51st Avenue N.E. Contact Telephone Number: Columbia Heights, Minnesota 55421 Dear Applicant: Based on information supplied, and assuming your operations will be as sta.<: in your application for recognition of exemption, we have determined you are exe7: from Federal income tax under section 501(c)(3) of the Internal Revenue Code. We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code. because you are an organization described in section s 509(a)(1) & 170(b)(1)(A)(ii). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. • Generally, you are not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act. If you have paid FICA taxes without filing the waiver, you should contact us. You are not liable for the tax imposed under the Federal Unemplorlent Tax Act (FUTA). Since you are not a private foundation, you are not subject to the exr,ise taxes under Chapter 42 of the Code. However, you are not automaticall exempt, from other Federal excise taxes. If you have any questions about excise, en,piDy:ent, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code Bequests, legacies, devises, transfers, or gifts to you or for your 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. The box checked an the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income tax. If Yes is checked, you are required to file Form 990 only if your gross receipts each :. :a» are normally more than $10,000. If a return is required, it must be filed by 15th day of of the fifth month after the end of your annual accounting period. the law imposes a penalty of $10 a day, up to a maximum of $5.000, when a return is filed la'a, unless there is reasonable cause for the delay. 316 N. Robert St., St. Paul, Minn. 55101 `Over' Letter 947(D0) (5 -77) 19 You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990 —T. In this letter, we are not determining whether any of your present or. proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, • District rector Tuition paid to you is not decutible for Federal income tax purposes. cc: Gerald S. Duffy 580 Northwestern National Bank Building St. Paul, Minnesota 55101 Letter 947(D0) (5 -77) 20 . . ■ ' LITTLE VOYAGEURS MONTESSORI SCHOOL 17-910 'ill KAREN SMITH 825 - 51ST AVE, NE i / 9 .7 16 1 ' % MINNEAPOLIS, MN 55421-1747 DATE - t ' PO%fil(i)(1)PE ' •■1 - ,....4.9.40 ilf Ar. ‘ -#44 ,' ' ..% ...• $25 ..... Ar -° -.• - ' --'` 4 - - -Ar -410r- ' / P • ARS 8 1.1 e /1 Ili 1,11 islii,nirs. . IldF11.111111 gi . Ali of MI serving youTM / Ifl I - - -- -- - - - __ ... 1 1, - -- -- -- --- - 1 21 CITY COUNCIL LETTER Meeting of January 23, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE \ APPROVAJ r ITEM: Authorization to Purchase Police Vehicles BY: Scott Nadeau ,5 BY: �/% —. NO. DATE January 11, 2012 DATE: BACKGROUND As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable vehicle fleet, the Police Department requests authorization to purchase two Ford Police Interceptor patrol vehicles. The purchase of two marked squad cars per year allows the department to keep the fleet in better working order, and aids in controlling costs on replacement parts. This also allows the marked squads to be rotated out of the police fleet after four years of service and rotated into another department in the city, who in turn get a better operating vehicle for conventional uses. The State of Minnesota has awarded the contract for the delivery of Ford police vehicles for 2012 to Nelson Auto Center of Fergus Falls, MN. It should be noted that Ford has discontinued the manufacturing of the Crown Victoria line of police vehicles. Ford has replaced it with the Ford Police Interceptor Sedan. This vehicle is safety rated for pursuit driving in an all -wheel drive configuration. This feature will significantly improve the winter driving ability over the previous Crown Victoria. The Ford Police Interceptor is priced higher than were the Crown Victorias. The Police Department is requesting to purchase the following vehicles: 2 - 2013 Ford Police Interceptors Sedans @ $24,446.61 1 —2013 Ford Police Interceptor Electrical Service Manual @ $ 487.00 Total: $49,380.22 The Police Department is also requesting authorization to expend up to $30,553.00 for outfitting and setting up these vehicles for patrol use. This amount includes the standard set -up as has been done in the past, plus the purchase of necessary equipment for the squads including laptop computers, ticket printers and radar units. This number has increased as much of the equipment that would have previously transferred from the old squad will not fit and will need to be purchased new. This is the amount that was budgeted in the Police Department's 2012 Capital Equipment budget. ANALYSIS /CONCLUSION It is our recommendation to the Council that new marked patrol vehicles be purchased, with a total purchase price to be $49,380.22. This number is lower than the estimated price of $25,000.00 per vehicle. The Police Department is also requesting authorization to expend up to $30,553.00 for outfitting and setting up these vehicles. 22 Council Letter re Vehicle Purchase Meeting of January 23, 2012 Page 2 RECOMMENDED MOTIONS MOTION: Move to authorize the purchase of two 2013 Ford Police Interceptor Sedan vehicles under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $49,380.22 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. MOTION: Move to authorize the Police Chief to expend up to $30,553.00 to set up and outfit two marked patrol cars. COUNCIL ACTION: 23 CITY COUNCIL LETTER Meeting of: 1/23/2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ,�y� ITEM: PUBLIC WORKS BLANKET ORDERS FOR 2012 BY: K. Hansen BY: ''`' PURCHASES DATE: January 3, 2012 DATE: Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $15,000. Staff is requesting authorization to process blanket purchase orders for 2012 to cover the items described herein. Analysis /Conclusions: The adopted 2012 Public Works Budget has the following amounts established for: 2012 Budgeted Amounts • De -icing salt for sanding operations $44,146 • Fuel for City vehicles $144,133 • Bituminous Asphalt for patching and paving $57,416 • Water Service Stop Box Repairs $65,610 Public Works Department purchases de -icing salt off of the State of Minnesota Contract, which is bid for the 2011 -2012 winter season for multiple municipalities. The 2011 -2012 contract for salt is in effect from June 8, 2011 until June 7, 2012, so the vendor and unit price may change. The current contract supplier is Cargill. In the past, the City has purchased its unleaded and diesel fuel off of the Anoka County Cooperative Purchasing Contract. This year the fuel purchasing is offered as a State of Minnesota Contract, with multiple cities and counties participating. The City will purchase 70% of its fuel off the state contract and the remainder off the lowest available purchasing contract, which in recent years has been Anoka County. For street patching and repairs, staff obtains unit price bids for asphalt materials annually and in 2011, the primary source was Commercial Asphalt, but is subject to mix (type) availability on high demand days. For delinquent accounts and foreclosed properties, the City makes water stop box repairs in accordance with City ordinance. Pricing for curb stop repairs is provided on a unit price basis for a one -year term through 2012. Recommended Motion: Move approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2012 budget amounts for: • De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky & Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. KH:bt COUNCIL ACTION: 24 CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: Resolution 2012 -14 Authorizing The City Of BY: Kevin Hansen BY: j/ Columbia Heights To Enter Into a Traffic Signal Agreement DATE: 01/18/12 DATE: No. 99724R with MnDOT. Background: Near the end of 2007, Mn/DOT informed us that signal projects had been scheduled for reconstruction on TH's 65 and 47 in 2012 and in 2013. . Prior to awarding a contract for the project, a traffic control signal agreement (prepared by Mn /DOT), for construction cost /operation/ power and maintenance, between the State and the City of Columbia Heights must be fully executed. Current Mn/DOT policy determines the cost participation, operation and maintenance responsibilities. Cost percentages are based on the percentage of legs controlled by each roadway authority. Attached is Signal Agreement 99724R for 50 Avenue on TH 65. Analysis /Conclusions: The Traffic Signal Agreement by MnDOT is attached and details the construction of the project and ongoing maintenance of the signal systems including: • Signal indications with light emitting diodes (LED). • Inductive loop detection installed within nonmetallic conduit (NMC) • Emergency vehicle preemption systems (EVP - detectors, confirmatory lights and cabinet equipment). • Luminaires over the appropriate mainline signal poles (un- metered power). • Signal poles will be galvanized steel, painted. Pedestal shafts and bases will be anodized aluminum. • Appropriate pedestrian crossings with Accessible Pedestrian Signals (APS) (audible pedestrian push buttons), LED countdown pedestrian indications, and pedestrian curb ramps with truncated domes. Note: Pedestrian curb ramp work usually requires replacing sidewalk and curb & gutter adjacent to the curb ramp areas. • LED Mast arm signs (Street names). • Cross walk pavement markings. • Interconnection between 49a, Ave and 52nd Ave will be perpetuated. • Maintenance Responsibilities: MN/DOT will be responsible for operation and major maintenance including EVP, the City is responsible for minor signal maintenance and for minor luminaire maintenance, including relamping, cleaning and painting of the poles and mast arms and internally lit street name signs. At the work session of November 7 2011, Council asked staff to contact MnDOT to provide additional background on the project and necessity. MnDOT provide d the following response, along with another project scheduled in 2012: Mn /DOT Metro District has signal preservation funding that is intended to replace the signals before they become unreliable or maintenance costs become prohibitive. The current service life for traffic signals is considered to be about 25 years. We schedule signals for replacement that are approaching, or have already exceeded, their 25 year service life. The signal at 50 was installed in 1981 and will be 31 years old in 2012. The new signal system will comply with current design standards and include the latest technology. The signals will have LED signal indications, APS (Audible) push buttons, PVC loop detectors, countdown pedestrian indications, galvanized signal poles, flashing left turn arrows, and pedestrian facilities (curb ramps w /truncated domes) meeting current ADA requirements. COUNCIL ACTION: 25 CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: Resolution 2012 -14 Authorizing The City Of BY: Kevin Hansen BY: Columbia Heights To Enter Into a Traffic Signal Agreement DATE: 01/18/12 DATE: No. 99724R with MnDOT. S.P. 0207 -101 Also to let you know that there will be another state funded (no City cost participation) construction project (Advanced Traffic Management Systems - ATMS) scheduled for late summer of 2012. The project will connect (9) traffic signals from 52nd Ave to 40th Ave with fiber optic interconnect cable. The purpose of the project is to improve traffic flow and reduce delays to the traveling public through an Advanced Traffic Management System along the signalized arterial. The (9) signals will be tied into the main trunk fiber that runs along the freeway system and to the Regional Traffic Management Center (RTMC). The fiber optic interconnection and upgraded traffic signal controllers will enable the traffic signals to be better monitored, which will help our Signal Operations people to optimize the signals to reduce delays and improve air quality. Traffic surveillance cameras will be installed at each signalized intersection. The cameras will be used to continuously verify the signal optimization. The City's share of the signal system replacement is $129,924, with funding provided through State Aid. Staff recommends adopting the resolution that authorizes the City of Columbia Heights to enter into a Traffic Signal Agreement No. 99724R with the Minnesota Department of Transportation for Central Avenue, TH 65, at 50 Avenue. Recommended Motion: Move to waive the reading of Resolution No. 2012 -14, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -14, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 99724R with MnDOT for the replacement and maintenance of the Traffic Signal System on Trunk Highway 65 at 50th Avenue. Attachment: Resolution 2012 -14 Agreement No. 99724R COUNCIL ACTION: 26 RESOLUTION NO. 2012-14 AUTHORIZING AGREEMENT NO. 99824R WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT and MAINTENANCE OF THE EXISTING TRAFFIC CONTROL SYSTEM ON TRUNK HIGHWAY 65 AT CENTRAL AVENUE WHEREAS, the traffic control system on TH 65 at 50 Avenue NE has reached its useful life; and, WHEREAS, MnDOT has planned to reconstruct the existing traffic controls system; and, WHEREAS, the cost of the improvements are apportioned based upon MnDOT's Signal Participation Cost Share Policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State for the City's share of the costs of the Signal System, APS, EVP System and Internally Lit Signs construction and other associated construction to be performed on Trunk Highway No. 65 (Central Avenue) at 50 Avenue NE within the corporate limits of Columbia Heights under State Project No. 0207 -93 and State Aid Project No. 113- 010 -021 (TH 65 =005), in accordance with the terms and conditions set forth and contained in Agreement No. 99824R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Dated this 23rd day of January, 2012 Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 27 Mn'DOT Contract No: 99724R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And COLUMBIA HEIGHTS TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (SP): 0207 -93 Total City Obligation Trunk Highway Number (TH): 65 =005 $129,924.00 State Aid Project (SAP): 113 - 010 -021 Signal System ID 21154 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and Columbia Heights acting through its City Council ( "City "). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Street Lights, Interconnect, and Signing ( "Signal System "), on Trunk Highway No. 65 (Central Avenue) at 50 Avenue Northeast, in Columbia Heights, Anoka County, Minnesota, according to State - prepared plans, specifications and special provisions designated by the State as State Project No. 0207 -93 and State Aid Project No. 113 -010 -021 (T.H. 65= 005)( "Project "); and 2. The State will install an Emergency Vehicle Pre - emption System ( "EVP System ") and Accessible Pedestrian Signals ( "APS "), and perpetuate the interconnection on Trunk Highway No. 65 (Central Avenue) between 49 Avenue and 52nd Avenue as part of the new Signal System; and 3. The State will furnish a traffic control cabinet, controller and four 5- section Cluster Signal Indications ( "State Furnished Materials "), according to the Project Plan, to operate the Signal System covered under this Agreement; and 4. The City has elected to have the signal poles painted (green base and yellow pole; mast anus will be unpainted); all at the cost and expense of the City; and 5. At the request of the City and the State agrees, Internally Lit LED mast arm signs (Internally Lit Signs) will be installed as a part of the Signal System; all at the cost and expense of the City; and 6. The City wishes to participate in the costs of the Signal System, APS, and EVP System construction, State Furnished Materials lump sum amounts, the signal pole painting, and the Internally Lit Signs on Trunk Highway No. 65 (Central Avenue) at 50 Avenue Northeast, and associated construction engineering; and the City and the State will participate in the operation and maintenance of the new Signal System, APS, EVP System, and Internally Lit Signs; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State -1- 28 Mn, DOT Contract No: 99724R Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. and Article 4. Signal System and EVP System and Internally Lit Signs Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 0207 -93 and State Aid Project No. 113 - 010 -021 (T.H. 65 =005) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 0207 -93 and State Aid Project No. 113- 010 -021 (T.H. 65 =005) according to the Project Plan. 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plan. The State will oversee the construction of the Internally Lit LED mast arm signs. 2.3. Plan Changes, Additional Construction, Etc. • The State will make changes in the Project Plan and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City participation construction covered under this Agreement. • The City may request additional work or changes to the work in the Plan as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or Plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System, EVP System, and Internally Lit Signs on Trunk Highway No. 65 (Central Avenue) at 50 Avenue Northeast. 3.1. City Responsibilities • Power. The City will be responsible for the hook -up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Internally Lit Signs. • Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the luminaires and all its components, including replacing the luminaires when necessary. ii. Replace the Signal System L.E.D. indications and relamp the street lights. -2- 29 Mn /DOT Contract No: 99724R iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal System and luminaire mast ann extensions. Painting will be in accordance with Mn /DOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer. v. Relamp, maintain and operate the Internally Lit Signs. 3.2. State Responsibilities • Timing and Other Maintenance. The State will maintain the signing (excluding the Internally Lit Signs), and perform all other Signal System, APS, interconnect, and street light maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. • EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. of this article are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreement. This agreement will supersede and terminate the traffic control signal and EVP operation and maintenance terms of Agreement No. 76965, dated June 11, 1998, between the City and the State, for the intersection of Trunk Highway No. 65 (Central Avenue) at 50` Avenue Northeast. 4. Basis of City Cost 4.1. SCHEDULE "I ". The Preliminary SCHEDULE "I" includes all anticipated City participation construction items, State Furnished Materials lump suin amounts and the construction engineering cost share for the traffic signal items covered under this Agreement, and is based on engineer's estimated unit prices. It also includes all anticipated City participation for the signal pole painting and Internally Lit Signs. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated: • 50 Percent will be the City's rate of cost participation for the Signal System, APS, EVP System and Lump -sum State Furnished Materials on Trunk Highway No. 65 (Central Avenue) at 50' Avenue Northeast. • 100 percent will be the City's rate of cost participation for the signal pole painting. • 100 percent will be the City's rate of cost participation for the Internally Lit Signs. -3- 30 Mn /DOT Contract No: 99724R 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement for the traffic signal items. 4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders and supplemental agreements, and associated construction engineering before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. • $129,924.00 is the City's estimated share of the costs of the contract construction, Lump -sum State Furnished Materials, signal pole painting, Internally Lit Signs, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I ". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised SCHEDULE "I" based on construction contract unit prices. 5.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount as shown in the Revised SCHEDULE "I ", after the following conditions have been met: • Execution of this Agreement and transmittal to the City, including a copy of the Revised SCHEDULE u • The City's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. 5.4. Final Payment, Additional City Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" will be based on final quantities of any additional City requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City will be final, binding and conclusive. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name /Title: Allan Espinoza, Mn /DOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 City Road B2 West, Roseville, MN 55113 Telephone: (651) 234 -7812 Fax: (651) 234.7850 E -Mail: allan.espinoza @state.mn.us -4- 31 Mn/DOT Contract No: 99724R 6.2. The City's Authorized Representative will be: Name/Title: Kevin Hansen, Columbia Heights Director of Public Works /City Engineer, (or successor) Address: 590 40 Avenue NE, Columbia Heights, MN 55421 Telephone: (763) 706 -3705 Fax: (763) 706-3601 E -Mail: Kevin. Hansen @ci.columbia- heights.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey City, Minnesota. -5- 32 Mn /DOT Contract No: 99724R 13. Termination. 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- 33 Mn /DOT Contract No: 99724R CITY OF COLUMBIA HEIGHTS DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Mayor Date: Approved: By: By: (State Design Engineer) Title: Date: Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: -7- 34 CITY OF COLUMBIA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 99824R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the Signal System, APS, EVP System, and Internally Lit Signs construction and other associated construction to be performed on Trunk Highway No. 65 (Central Avenue) at 50 Avenue Northeast within the corporate city limits of Columbia Heights under State Project No. 0207 -93 and State Aid Project No. 113- 010 -021 (T.H. 65 =005). IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of Columbia Heights at an authorized meeting held on the day of , 2012, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this (Signature) day of , 2012 (Type or Print Name) Notary Public (Title) My Commission Expires 35 CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: 2012 Agreement for Residential Recycling Program BY: K. Hansen BY: with Anoka County DATE: 1/10/12 DATE: Background: The MN State legislature's SCORE (Select Committee On Recycling and the Environment) raises funds through solid waste management fees and taxes. This money is partially granted to counties for developing recycling improvement programs. The attached Agreement for Residential Recycling Program (hereafter referred to as the `SCORE agreement') with Anoka County covers the 2012 calendar year. The 2012 SCORE Agreement with Anoka County authorizes the City to apply for funding for the residential recycling program and the City's recycling drop -off center as well as collections of problem materials (i.e., tires, oil filters, fluorescents). The agreement further specifies that Columbia Heights is eligible to receive reimbursements up to $49,630 for eligible expenses specifically related to recycling and waste abatement activities. Analysis /Conclusions: The City received the full amount of the allotment per the previous agreement of $51,546. The 2012 funding was reduced by $1,916 due to changes in the calculation used by Anoka County Integrated Waste Management Department. The funding calculation is figured per household. The 2010 Census reduced the number of occupied housing units in Columbia Heights by over 300 and the rate /household was reduced by 5 cents. The calculation is as follows: 7,926 households (based on 2010 census) multiplied by $5/household (Anoka County set rate) = $39,630 plus a $10,000 base (per municipality) totals $49,630. The main commitments of the City are to meet the recycling tonnage goal of 1,755 tons in 2012, an increase of 148 tons. In addition, the City agrees to promote recycling through various means including one mailer (focused exclusively on recycling) to all households. Furthermore, to receive these funds the City must submit substantiating data in semi - annual reports and abide by the state statutes regarding recyclable materials and mixed municipal solid waste. If the City does not achieve the tonnage goal, the grant amount will not be affected as long as an acceptable plan is developed to increase recycling the following year. Recommended Motion: Move to authorize the Mayor and City Manager to execute the 2012 SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and with funding available up to $49,630 as reimbursement for eligible expenses. Attachments: Integrated Waste Management Department Cover Letter Copy of 2012 Agreement for Residential Recycling Program COUNCIL ACTION: 36 COUNTY OF ANOK A Integrated Waste Management Department Goverment Center 2100 3rd Avenue, STE 340 Anoka, Minnesota 55303-5032 763-323-5730 * Fax 763-323-5731 IITAMOvk Athl .) \:° E-1$ * recycle *co.anokammus 40 **1 itm1 www,AzokaCounty.ustrecycle 7 December 8, 2011 too Jesse Davies Speeial Projects Coor. :tor Oa. 1 21,111 590 - 40 Ave NE Columbia Heights 1 55421 Dear Jesse; pljetIC 'WORKS The Anoka County Board of Comnlissioners approved 2012 Municipal Goals, SCORE Municipal Reimbursement Funding Allocations an November 22, 2011 In addition staff w: . authorized to prepare Residential Reeycling Pro!) Agreements. The Anoka County Ay - mats are based on the following: O 2012 Municipal Residential Recycling Goal — The abatement goal has increased from 175 pounds per person per year to 180 pounds per person per year. The increase is due to the new recycling goals in the new Metropolitan Solid Waste Man: :ement Policy Plan. The population is based on the 2010 Census. Specific goals are listed in the chart on the reverse side of this memo. • 2012 SCORE Municipal Reimbursement Funding Allocation — The 2012 SCORE allocation is a base of $10,000 and $5.00 per household, a reduction of 5 cents per household. Specific allooations are in the chart on the reverse side of this memo. Anoka, County is expecting a frdl SCORE payment of $407,827 : a spring SCORE payment of $407,827. The proposed 2012 municipal funding includes the additional payment expected to be received in the spring of 2012. If the second payment is not received the funding allocation will be reduced accordingly. O 2012 Contracts — The 2012 residential recycling program contracts are included in this mailing. Please note the language in Section 7 regarding the SCORE funding, Section 7. Notwithstanding any provision to the contraty, the County reserves the right to reduce the g provided here' # er in the event insufficient SCORE # are available. If the spring SCORE payment of $407,827 is not received or is reehiced, the County may reduce the project maximum amount payabk to the , 1c4nality. The County will prompaY no* the Municipality in the event that the project maximum will be reduced Please have die mayortt4 n board chair Ind clerk/administrator sign all th copies of the anent and return to Anoka County to complete the si tore process en the . entente . completely signed, an original copy will be mailed back to you and Anoka County will retain two copies for its fides. Thank you! Sincerely, de Carolyn Smith Solid Waste Abatement Specialist Mir lee Action / Equal Opportunity Employer Printed on 50% r= *ad paper of which 30% la past-consumer 37 2012 SCORE Funding 4 . Goals S10,000 Base per municipality and $5.00 per household Goal based on 180# per person per year 2012 funding is based on receiving an additional spring payment of $407,827. If this spring 1 payment is not received, the 2012 funding total will be one half the total for each municipality. Municipality Contract # : : Population Goal 2012 Funding Andover 2011-0428 9,811 30,598 2754 $ 59,055.00 Anoka 2011-0429 7,060 17,142 1543 $ 45,300.00 Bethel 2011-0430 174 466 42 $ 10,870.00 Blaine 2011-0433 21,077 57,186 5147 $ 115,385.00 Centerville 2011-0431 1,315 , 3,792 341 1 $ 16,575.00 Circle Pines 2011-0432 2,006 4,918 443 $ 20,030.00 Columbia Heights 2011-0434 7 926 19,496 1755 $ 49,630.00 Columbus 2011-0435 1,416 3,914 352 $ 17,080.00 Coon Rapids 2011-0436 23,532 61,476 5533 $ 127,660.00 East Bethel 2011-0441 4,060 11,626 1046 $ 30,300.00 Fridley 2011-0442 11,110 I 27,208 2449 $ 65,550.00 Ham Lake . 2011-0443 5,171 1 15,296 1377 $ 35,855.00 Hilltop 2011-0444 380 I 744 67 $ 11,900.00 1 Lexington : 2011-0445 787 1 2,049 184 $ 13,935.00 I Lino Lakes I 2011-0446 6,174 I 20,216 1819 $ 40,870.00 Linwood 2011-0447 1,884 5,123 461 $ 19,420.00 Nowthen 2011-0448 I 1,450 4,443 400 $ 17,250.00 I Oak Grove 2011-0449 2,744 8,031 723 $ 23,720.00 Ramsey 2011-0450 8,033 23,668 2130 $ 50,165.00 St Francis 1 2011-0451 2,597 1 6,234 561 $ 22,985.00 1 Spring Lake Park 2011-0452 2,520 7,218 650 $ 22,600.00 Total 121,227 , 330,844 29,776 $ 816,135.00 Population and Household count based on 2010 Census. Total SCORE allocation is $815, 654, $481.00 has been added to round up to $5.00 per HH. ee ? 1 0L 38 Anoka County Contract # 2011-0434 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2012, notwithstanding the date of the signatures of the parties, be - en the COUNTY OF ANOKA, State of Minnesota, hereinafter refe • to as the "COUNTY', and the CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "MUNICIPALITY. WITNESSETH: WHEREAS, Anoka County will receive $407,827.00 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter *SCORE funds") prior to the effective date of this Agreement and WHEREAS, Anoka County anticipates receiving an additional $407,827.00 in SCORE funds in the spring of 2012; and WHEREAS, the County wishes to assist the Municipality in m::ting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement 'solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2012 through December 31, 2012, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. 'Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials In a manner that precludes further use. e, "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. g. 'Yard waste' shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 39 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1755 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. 11. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material an the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2012, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING, The Municipality shall submit the following reports semiannually to the County no later than July 20, 2012 and January 20, 2013: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other p- or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. 2 40 c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activiti- : no later than July 20, 2012 and January 20, 2013. Costs not billed by January 20, 2013 will not be eligible far funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $49,630.00. The project maximum for eligible expenses shall be computed as follows: a. A base a •unt of $10,000.00 for recycling activities only; and b. $5.00 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to rr Lice the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $407,827.00 is not r .ived or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with 'requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts'and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that ail funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid wa- recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Ag - - ment. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, a - ss to the records of the Municipality at reasonable hours, including all books, records, documents, and a • unting procedu - and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENE PROVISIONS. a. In performing the provisions of this Agre- ent, both parties agree to comply with all applicable federal, state or local 1- -, ordinances, rules, regulations or standards 3 41 established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and suboontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing :ges rates as certified by said Department. e. It is understood and agreed that the entire Agreement Is contained herein and that this Agreement supe :des all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with ail laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agr; :trent are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. Nothing in this Agreement shall be construed as creating the relationship of co- partn , joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by 4 42 the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County u -r this Agreement. The Municipality ag - to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of Its public officials, officers, agents employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written ag - ment of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA By:, By: Rhonda Sivarajah, Chair Name: Anoka County Board of Commissioners Title: Date: Date: By: Jerry Soma By: County Administrator Municipality's Clerk Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 5 43 CITY COUNCIL LETTER Meeting of January 23, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: - Licenses NO: DATE: January 13, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 23, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 44 2007 COLUMBIA HEIGHTS Print Rental Licenses to Ins ti DI t { FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. Columbia Heights, MN 55421 - Ph: 763- 706 -8156 - Fax: 763 -706 -8151 10161 3911 ULYSSES ST NE Nelson, Bernie F11418 1121 177th Lane NE $ 150.00 Ham Lake, MN 55304 10163 4041 HAYES ST NE Bestland, Allen F11487 17979 Nixon Dr NW $ 150.00 Elk River, MN 55330 10192 3911 VAN BUREN ST NE Equitron Holdings, LLC F11354 2809 Cliff Road E $ 150.00 Burnsville, MN 55337 10218 999 41ST AVE NE Wasik, Thomas F11474 2605 NE 2nd Street NE $ 150.00 Minneapolis, MN 55418 10245 3815 VAN BUREN ST NE Allen, David F11381 PO Box 402 $ 150.00 Moose Lake, MN 55757 -0402 10248 1468 LINCOLN TER NE Lake, James F11429 4520 Wellington Lane N $ 150.00 Plymouth, MN 55442 10253 4236 POLK ST NE Erickson, Gordon F11352 4633 South Samantha Dr. $ 150.00 Souix Falls, SD 57106 -7560 10254 4116 RESERVOIR BLVD NE McClellan, Duncan F10734 1767 18th Avenue N.W. $ 150.00 New Brighton, MN 55112 10265 801 37TH AVE NE Medina, Luis F11448 21330 Ibis St $ 150.00 Oak Grove, MN 55011 10316 4913 6TH ST NE Rodrigue, Neil F11482 3335 Pierce St NE $ 150.00 Minneapolis, MN 55418 10321 4243 WASHINGTON ST NE Stone, Dennis F11247 5656 Girard Avenue S. $ 150.00 Minneapolis, MN 55419 01/13/2012 12:28 Page 1 45 A COLUMBIA HEIGHTS Print Rental Licenses to let FIRE DEPARTM approve by CC Ins u2s4nst Avenue w�.' Columbia Heights, MN so421- Ph: rwo-7na-81eo- Fax: no-7om*1m 10326 4213 3RD STNE BRP|| F11253 2533 8th Street NE $ 150.00 White Bear Township, MN 55110 10337 1637 37TH AVE NE Schmidt, Hans F11464 3845 Johnson St $ 150.00 Columbia Heighto, MN 55421 10352 4346 6TH ST NE Olayinka, Sunday F11468 10410 Stonky creek Dr $ 150.00 Woodbury, MN 55129 10353 62051ST AVE NE Leuaig|e.Chrinhon F11461 1818VV. Belmont Ave. $ 150.00 Chicago, IL 60657 10358 1260 46TH AVE NE Atomnua.Bu|a F11460 1260 46TH AVE NE $ 150.00 Columbia Heighto, MN 55421 10357 1200 PIERCE TER NE Po|ham.LLC F11483 1185 Pierce Terrace $ 150.00 Columbia Heights, MN 55421 10358 4956 JACKSON ST NE Zhaqui, Jose F11481 252S Portland Ave S. $ 150.00 Minneapolis, MN 55404 10350-RY3856LA BELLE STNE Richter, Casey F11466 41AS. Pearl St. $ 150.00 Denver, CO 80209 12027 3861 EDGEMOOR PL NE Amonavioiuo.Eva|dan F111O1 38S1EdQemoor Pl. N.E.#1 $ 150.00 Columbia Heighto, MN 55421 20041 13U8 CIRCLE TERRACE BLVD NE Musick, Jaamina F11405 6480 Riverview Terrace $ 150.00 Fridley, MN 55432 20050 4628 POLK ST NE Shoemiller Properties, LLC F11127 5930 June Avenue N. $ 150.00 Brooklyn Center, MN 55429 01/13/2012 12:28 Page 2 46 Print Rental Licenses to FIRE approve by cc `_ ous41st Avenue w.E,- Columbia Heights, wmns*21- Ph: 7m3-ru6-a1ms- Fax: rnu-7uoa1m 20086 1400 CIRCLE TERRACE BLVD NEOkoro, Robert F11106 8725 Stratford Crossing N. $ 150.00 Brooklyn Center, MN 55443 20120 679 46TH AVE NE Hanson, Aimee F11115 72SO University Avenue Suite #340 $ 150.00 Fridley, MN 55432 20131 1401 CIRCLETERRACE BLVD NEAAMPM, Inc. F11250 2Q29 4th Ave S101 $ 150.00 Minneapolis, MN 55408 20137 4008 CLEVELAND ST NE Brownrigg, Thomas F11478 420O West 113thStreet $ 150.00 Bloomington, MN 55437 20206 4Q14 TYLER STNE Sanford, Ron F11323 386 Lancasater Lane $ 150.00 Champlin, MN 55316 20248 454OTYLERSTNE Hecker, Daniel F11413 116585OdhStN $15O.00 Lake Elmo, ;WN55042 20254 1349 CIRCLE TERRACE BLVD NE Crystal Corporation F11293 8343Ti||e#Loop $ 150.00 Manassas, VA 20110-8312 20414 1313 CIRCLE TERRACE BLVD NE Musick, Jasmina F11275A 6480 Riverview Terrace $ 150.00 Fridley, MN 55432 30102 4640 POLK ST NE Sekizovic, Maumer F11443 PO Box 21314 Apt #3 $ 188.00 Columbia Heights, MN 55421 Total # of Licenses 31 01/13/2012 12:28 Page 3 47 CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: January 18, 2012 BY: s BACKGROUND /ANALYSIS Attached is the business license agenda for the January 23, 2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012 and 2 new locations for Courtesy Benches.. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 23, 2012 as presented. COUNCIL ACTION: 48 TO CITY COUNCIL January 23, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2012 BLDG Terry Nelson Plumbing Inc 17033 Argon St NW, Andover $60 Piperight Plumbing Inc 10710 Mississippi Blvd NW, CoonRap $60 *Sowada & Barna Plumbing 21058 Davenport St, Cedar $60 *TLC Plumbing 14780 Hallmark Dr, Apple Valley $60 *Dave's Heating & AC 1601 37 Ave NE, Col Hts $60 *Bruno Professional Glass 2247 No Park Dr #2, St Paul $60 *Benclunark Plumbing 5952 Asher Ave E. Inver Gr Hts $60 Priority Plumbing 17325 Euclid Ave, Farmington $60 *Centerpoint Energy 9320 Evergreen Blvd, Coon Rapids $60 *LBP Mechanical 315 Royalston Ave, Mpls $60 North Country Interiors 118 2 Ave So. So St Paul $60 David's Auto 573 40 Avenue, Col. Hts $60 *Sharp Heating 7221 University Ave, Fridley $60 *Louis DeGideo Services 21033 Heron Way, Lakeville $60 *Weld & Sons Plumbing 3410 Kilmer Ln N, Plymouth $60 *Karkela Construction 4806 Park Glen Rd, St Louis Pk $60 *H.O. Soderlin Plumb /Htg 3612 Cedar Ave S, Mpls $60 *Rainbow Tree Care 11571 K -Tel Dr, Minnetonka $60 *Nick's Tree Service 9000 Foxline Dr, Corcoran $60 COURTESY BENCHES PW Benchmark 8844 Central Ave, Blaine $50 (for 2 new locations) 49 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 23, 2012 . 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 142029 through 142199 in the amount of $ 1, 144,471.39 . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 50 H 0 4 3 g 3 3 0 a, 4 4 H w 4 # W W 3 3 Z > # 3 O 3 4 g U # # H 3 -K a (N # # a4 H 3 3 u) 3 3 L() a h 3 3 C4 0 ✓ 3 3 U I 3 3 C=, U1 124 # 3 HO U O O 3 3 0.4 H Ill O' # 3 0 y, O in # 3 � .. 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(00 Z Q 0 x 0H a .aHU �CH>+0 ••a. -aaZX m Ucna w,� W Z z 0 < H Z Q a� < <0 W a a H H a w H g H •• a O 1 x < <W W < a H H H H a a m Xoa a , H I O 0 •• x w U N a U W Z H a W H H W W z a W a H o U 0 H a >c a W 0 Zr U m Z£ 0FCFCa1a1HE .a a W a rho U W WOZ0H r�HCz Hr�r� <r�W W HHrr�H W ZHW OFCa a 0 x .a ZN W a Q C0Ur l0 U) .� W na,c HUU0 CO CO∎- UHw0 0G W < U-, < a z U > rn a a H Q 1 (.(; 1 01 KC Cr) \ H H N d' N L!1 O H H N Ul O H N M M H n LP N H H O U H I 0 0 0 0 H N �' LD N r-I r-1 N 0 0 0 0 0 D\ 0 H 0 O N O L O 1I N 0 H 00 c07 O Q,0 01 00 1 HN NN N NNNM,1'C a'l000OLO1D1O1DN 1 0 000 OD H W 00 1 W H CITY COUNCIL LETTER Meeting of January 23, 2012 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman :1// Abatement DATE: January 13, 2012 DATE: NO: 12 -08 to 12 -09 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2012 -08 — 3900 Jackson Street 2012 -09 — 4414 Quincy Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012 -08, and 09 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012 -08, and 09 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 58 RESOLUTION 2012 -08 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 Shafer Richardson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3900 Jackson Street 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 November 29, 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 October 18, 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 November 29, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 10, 2012 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 replace the missing soffit on the southwest corner of the east office building 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 3900 Jackson Street 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. 59 ORDER OF COUNCIL 1. The property located at 3900 Jackson Street 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2012 -09 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 Scott Nichols (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4414 Quincy Street 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 December 29, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 15, 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 December 29, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 10, 2012 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Depai tinent, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair /remove /replace all /any sections of fence that on damaged /deteriorated 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 4414 Quincy Street 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. 61 ORDER OF COUNCIL 1. The property located at 4414 Quincy Street 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 CITY COUNCIL LETTER Meeting of: January 23, 2012 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY Gary Gorman Revocation DATE: DATE: NO: 12 -10 to 12 -13 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2012 -10 — 4223 7 Street 2012 -11 — 5005 7 Street 2012 -12 — 3807 Pierce Street 2012 -13 — 1827 41 Avenue 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 2012 -10, 11, 12, and 13 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012 - 10,11, 12, and 13 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: 63 RESOLUTION 2012 -10 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 Bernard Szymczak (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4223 7 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 November 30, 2011 of an public hearing to be held on January 23, 2012. 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 15, 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 November 30, 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 a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 FE- 4223 -11 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; 64 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 2012 Offered by: Second by: Roll Call: Mayor Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 65 RESOLUTION 2012 -11 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 Brad Truong (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 5005 7 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 December 5, 2011 of an public hearing to be held on January 23, 2012. 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 November 21, 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 December 5, 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 a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 U50057TH 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; 66 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 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 67 RESOLUTION 2012 -12 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 Aren Dela (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3807 Pierce 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 January 5, 2012 of an public hearing to be held on January 23, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 30, 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 January 5, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 17, 2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall replace the missing sheet rock in the garage b. #3807 Shall replace the missing /non- working smoke detector in the this unit c. Shall install an approved CO detector in unit # 3807 d. Shall have a licensed electrician repair the open wiring /outlets in the basement ceiling e. Shall install an approved CO detector in unit # 3809 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 68 1. The rental license belonging to the License Holder described herein and identified by license number F11428 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 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 69 RESOLUTION 2012 -13 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 Federal Home Loan Mortgage (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1827 41 Avenue 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 December 15, 2011 of an public hearing to be held on January 23, 2012. 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 November 14, 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 December 15, 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 a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 U1827 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; 70 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 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 71