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HomeMy WebLinkAbout02/27/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS M vor 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- heiihts.mn.us Robert A. Williams Bruce Nawrocki Tammera Dichm 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, February 27, 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. (TDD /706 -3692 for deaf or hearing impaired only) • 1. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Rev. David Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes p7 MOTION: Move to approve the minutes of the February 13, 2012 City Council meeting. B. Accept minutes of the Boards and Commissions MOTION: Move to accept the October 26, 2011 minutes of the Park and Recreation Commission C. Ratification of tenpeople appointed to Library Task Force p18 MOTION: Move to ratify appointment of the ten people listed to the Task Force to study the replacement of the Library building either with a single building or a joint facility with City hall. D. Authorization to seek bids for the 2012 Miscellaneous Concrete Replacement and Installation p19 Project MOTION: Move to authorize staff to seek bids for the 2012 Miscellaneous Concrete Replacement and Installation Project E. Adopt Resolution 2012 -018, being a Resolution approving plans and specifications and ordering p20 advertisement for bids for the 2012 Street Rehabilitation Project 3 City Council Agenda Monday, February 27, 2012 Page 2 of 4 MOTION: Move to waive the reading of Resolution 2012 -018, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012 -018 approving plans and specifications and ordering advertisement for bids for 2012 Street Rehabilitation Project, Zone 7, City Project Number 1202. F. Approve construction of right turn lane from 50th Avenue NE onto northbound TH 65 (Central Avenue) p22 MOTION: Order the construction of a right turn lane on 50th Avenue NE onto northbound TH 65 (Central Avenue) in the 2012 Street Zone Improvement Program. G. Adopt Resolution 2012 -020, being a Resolution requesting MSAS construction funds for other local transportation uses p26 MOTION: Move to waive the reading of Resolution 2012 -020, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012 -020 requesting Municipal State Aid System construction funds for other local transportation uses. H. Adopt Resolution 2012 -019, being a Resolution declaring the intent to bond for Zone 7 Street p 28 Rehabilitation Project, City Project 1202 MOTION: Move to waive the reading of Resolution 2012 -019, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012 -019, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for Zone 7 Street Rehabilitation Project, City Project 1202. I. Approve final payment for MSC garage floor repairs and coating, Project 1108 p30 MOTION: Move to accept the work for 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108 and authorize final payment of $14,430.86 to SPS Infrastructure, Inc. of Saint Paul, Minnesota. J. Adopt Resolution No. 2012 -23, being a resolution reconfi���iing precinct boundaries and p32 designated polling places. MOTION: Move to waive the reading of Resolution No. 2012 -23, there being amble copies available to the public. MOTION: Move to adopt Resolution No. 2012- 23, being a resolution reconfirming precinct boundaries and designated polling places. K. Adopt Resolution 2012 -17, being a Resolution establishing Property Maintenance Inspection fees. MOTION: Move to waive the reading of Resolution No.2012 -17, there being ample copies p36 available to the public. MOTION: Move to adopt Resolution No. 2012 -17, being a Resolution establishing Property Maintenance Inspection fees. L. Approval of the attached list of rental housing licenses p 38 MOTION: Move to approve the items listed for rental housing license applications for February 27, 2012 in that they have met the requirements of the Property Maintenance Code. 4 City Council Agenda Monday, February 27, 2012 Page 3 of 4 M. Approve Business License Applications p40 MOTION: Move to approve the items as listed on the business license agenda for February 27, 2012 as presented. N. Review payment of the bills 42 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 142484 through 142625 in the amount of $480,877.29. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2012 -21, 4054 2nd Street N.E. being a Resolution of the City Council of the p50 City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2012 -21, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2012 -21 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. B. Adopt Resolution 2011 -22, 3809 Buchanan Street NE being a declaration of nuisance and p53 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2012 -22 there being ample copies available to the public MOTION: Move to adopt Resolution Number 2012 -22 being a resolution 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 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Approve Capital Equipment replacement of Unit #69: Ford single axle 35,000 GVW dump truck and attachments, from the State of Minnesota purchasing contract p56 MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement for Unit #69: One (1) new International single axle 41,000 GVW dump truck chassis from Astleford International of Minneapolis in the amount of $76,898; and purchase the dump box, reversible front plow, belly plow, wing plow and sander from Truck Bodies and Equipment International, Inc. of Lake Crystal, MN in the amount of $75,850 for a total price of $1 52,748.45 plus sales tax. C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 5 City Council Agenda Monday, February 27, 2012 Page 4 of 4 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF /pvm 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 13, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m., Monday, February 13, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor Dan Thompson, Columbia Heights Assembly of God Church Present: Mayor Peterson, Council member, Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion of a letter regarding the City web site map. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. ILander presents a Columbia Heights documentary - by Hannan Minhas Peterson spoke of a student documentary called "Why I love Columbia Heights" by Hannan Minhas. He was invited to the meeting for a showing of his documentary. Minhas spoke of his interest in computers and living in the United States. When he was introduced to you -tube his interest turned to making videos through ILander. The video was shown and Mayor Peterson presented Minhas with a Certificate of Appreciation. CONSENT AGENDA 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 January 18, 2012 Seal Coat Hearing. Motion to approve the minutes of the January 18, 2012 Street Rehab Hearing. Motion to approve the minutes of the January 23, 2012 City Council meeting. B. Accept minutes of the Boards and Commissions Motion to accept the January 4, 2012 minutes of the Library Board. Motion to accept the October 20, 2011 minutes of the Charter Commission. Motion to accept the February 8, 2012 minutes of the Planning and Zoning Commission. C. Approve 2012 Council /Staff Liaison Assignments Motion to approve the 2012 Council /Staff Liaison Assignments. Fehst stated that these will not change from 2011. He listed the liaison positions. D. Approve Gambling Permits, Immaculate Conception Church: Bingo Event on March 24, 2012 and Fun Fest on August 10, 11 and 12, 2012 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 24, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 7 City Council Minutes Monday, February 13, 2012 Page 2 of 8 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull -tabs at their Fun Fest event being held August 10, 11 and 12, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. E. Adopt Resolution 2012 -15, being a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of $117,160. Motion to waive the reading of Resolution 2012 -15 there being ample copies available to the public. Motion to adopt Resolution 2012 -15, being a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of $117,160. Fehst stated that our lien would be the first. This was a grant from Anoka County to improve the house. Nawrocki questioned the difference in the amount of the loan in the documents. Fehst stated the amount of work was $5,000 and the loan was $2,000. Scott Clark, Community Development Director, stated the Single Family Deferred Loan program was approved by Council. This goes with the property until the time of the sale at a two percent interest rate. F. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for February 13, 2012 as presented. G. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for February 13, 2012 in that they have met the requirements of the Property Maintenance Code. H. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142200 through 142483 in the amount of $3,013,089.50. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Donna Johnson, 4626 Pierce Street, questioned how 4625 Pierce, which is in the name of Fannie Mae, can be a rental property. If there is a problem, where do you go? Clark stated there is a specific contact for the license on the application. Johnson stated that a vacant house on Fillmore Street flooded and is quite a mess. Nothing has been done. Clark stated that that property is abandoned and vacant. The license was revoked and it will have to pass re- inspection prior to being occupied. Nawrocki questioned why the water was not shut off at the meter. Fehst stated that the resident just walked away from the house. Upon vote, All Ayes. Motion carried. PUBLIC HEARINGS A. Liquor Application for Columbia Grill at 4005 Central Ave Clark gave the liquor license revocation history for the Star Bar. The owner did not reopen the business, and the shopping center has looked for someone to take over the business. The current 8 City Council Minutes Monday, February 13, 2012 Page 3 of 8 request by Lee Laadahl includes refurbishment of the business. Mr. Laadahl did some work there on occasion, but is not affiliated with the past owner. Staff met with him regarding the city's expectations. He has been involved in the restaurant business since 1974 and there was a clear background check completed. Nawrocki questioned if they can afford the requirements for external cameras and how much of the parking lot will they be required to cover? Clark stated this is a partial list of requi=rements that the Star Bar had for language. We want a camera that shows the area in front of the business. Requirements are at the Council's discretion. This would give a minimum level of security to assist with the reputation of the prior business. Clark stated that this is the only facility in our city that has a liquor license as a bar, and does not include a restaurant. Nawrocki referred to complaints from Parkview Villa regarding noise from the business. Clark stated those concerns and considerations were discussed. Schmitt questioned the security person walking the parking lot and cameras. She suggested that the security person stay at the door. Williams commented on Laadahl's 38 year background in the field and stated that he is aware of possible problems. Schmitt indicated the desire to remove requirement number two and asked to hear from the applicant. Laadahl stated the requirement was due to the Police Department's concern. There will be security and the door will be covered. He agreed that the parking lot has to be addressed. Fehst questioned the status of the current charitable gambling group at this location. It is his understanding that they have not renewed their permit since October of 2009 and they need to be a local organization of not less than ten years. Peterson stated that they were a local organization, but since moved out of Columbia Heights. Jim Hoeft, City Attorney, stated that is a question we are not prepared to answer at this time. Nawrocki stated that several organizations left this business because of theft problems. Schmitt again questions who would walk the parking lot for security. Hoeft stated that the intent is that "someone" check the parking lot. Motion by Nawrocki, second by Williams, to approve a Liquor License for Laadahl LLC at 4005 Central Avenue per conditions as stated on Attachment A, dated February 13, 2012 and entitle "Conditions for Approval of Liquor License for Laadahl LLC -4005 Central Ave ". Upon vote: all ayes. Motion carried. B. Adopt Resolution 2012 -016 being Resolution for the Approval of a Conditional Use Permit for a minor automobile repair facility at 836 — 40th Avenue NE. Jeff Sargent, City Planner, stated that Tybang Ttransmission is requesting a Conditional Use Permit. Staff did have some concerns, as this is along 40 Avenue and does not meet our land use goals. It is zoned properly for this use. A neighbor indicated concern regarding alley congestion. One resident stated that it is a business and should be allowed to be a business. There are 13 conditions attached to the permit. Nawrocki stated his agreement with the recommendations. He is not for creating new plans for this area. We need to be concerned about the number of vehicles there will be at this location as he 9 City Council Minutes Monday, February 13, 2012 Page 4 of 8 visited their business on 42 and Central and there were an excessive number of vehicles. They should not use 40 Avenue or Jackson Street for parking. Sargent stated that this concern was discussed. There will be no more than one vehicle outside waiting for repair. Our conditions require vehicles to be repaired must be located inside a building. There is room inside for four vehicles. The requirements are to protect the current residential neighborhood. We do not want inoperable vehicles located outside of the facility. Peterson stated that they understand the restrictions. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012 -016, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012 -016, approving the Conditional Use Permit for a minor automobile repair facility located at 836 — 40th Avenue NE, subject to the conditions outlined in Resolution No. 2012 -016. Schmitt questioned item #6 regarding keeping the garage door closed as that is an unreasonable expectation in the summer. Sargent showed an aerial picture of the location. The doors would have to remain closed if they are working on a vehicle, being aware of the noise from the business. Peterson wished him success in his endeavor. Schmitt questioned his feeling regarding having the door closed during their operation. The owner indicated it would be very uncomfortable. Schmitt stated that is highly restrictive. Diehm questioned if the bay noise would be directed at the residential area. Schmitt stated this is only one bay door. Diehm stated that if this is a problem, the owner could request a review. It would be more difficult to add the restriction at a later time. Schmitt asked Williams if Auto World is allowed to keep their doors open. Williams stated yes. Nawrocki stated that the Auto World doors do not face a residential area. Peterson stated he felt this would be self- regulating. Sargent stated that these conditions are not monitored every day and are for allowing action if complaints are received. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes, 1 nay. Motion carried. ITEMS FOR CONSIDERATION - A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Nawrocki questioned that Parkview Villa checking accounts do not receive interest at Northeast Bank. He indicated banks that do pay interest on checking accounts. He requested that staff speak to the bank. Nawrocki reported on meetings he attended; the Chamber meeting on January 20 with the Governor and Legislators and the NorthStar meeting on February 2nd ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Aeon will meet with Parkview Villa residents regarding the disposition of the property. The current Property Manager, Laura Shiek, will be leaving and Jennifer Eels will be the interim manager. The CD Block Grant Home fund grant was turned down by Anoka County. These funds have been reduced substantially each year. Eon has applied prematurely. We will reapply next January. 10 City Council Minutes Monday, February 13, 2012 Page 5 of 8 Nawrocki again indicated that there are trash containers by many shelters along Central Avenue and that there needs to be a container placed at 47` and Central. Nawrocki referred to a letter from Rebecca Dixson, a Girl Scout leader, indicated that the city map on our web site does not show the location of the current police and fire station. They requested that information be updated. Report of the City Attorney — nothing to report. CITIZENS FORUM Kathy Brown, PO Box 17371 Lot 215, St. Paul, MN 55117 -0370, indicated she had a sump pump malfunction at her Columbia Heights home. She indicated she is disabled and needed to move things from her home for repairs and was issued a citation for outside storage. She moved the items back into the home and in December rented a Pod to place the items in while repairing the home. She stated that she called the city for instructions on the POD. She stated that she called the Public Works Department and Jeff Sargent, City Planner. Sargent indicated to her that she could have a storage pod for six months. It was delivered on December 3, 2011. In February she received notice to remove the pod as it is limited to 30 days. She received a call from Assistant Fire Chief John Larkin indicating she could keep the Pod until February 29` She stated she was told she could have it for six months. Brown stated she has left a message for the City Attorney and spoke to the Mayor about this. Fehst stated his understanding she spoke to Sargent who thought the time limit might be six months, but she was directed to contact the Fire Department, which handles the property maintenance regulations. Complaints are received if Pods remain more than sixty days. Fehst stated that Larkin gave her an extension until the end of the month. We have cited other properties for this and do not want to set a precedent. She stated that she recorded the phone call. Fehst requested that Brown call him and play the recording of the phone call. Diehm stated City policy to not make decisions during Citizens Forum and encouraged staff to work with Ms. Brown. Brown referred to a citation received for her classic vehicle, which she felt was unjust. She stated that she needs help, not citations. Fehst stated his intention is to follow the property maintenance policy. COUNCIL CORNER Peterson stated there was a gentleman's agreement to try Council Corner again. He requested Council members keep their comments to five minutes. Schmitt stated that tomorrow night is St. Timothy's free community dinner from 5:30 to 6:30 p.m. Empty Bowls will be held on March 29 at Murzyn Hall to support our local food shelf. On February 18` Kathy Kelly, Superintendent of Schools, will receive a VH 1 Administrator Award for musical education. Fehst stated that some of the equipment is from the tax exempt trust of the Columbia Heights Activity Fund. Williams wished everyone a nice Valentine's Day tomorrow. Williams spoke to Ms. Brown and sympathized with her and apologized for the incorrect citation on her antique car. He stated that he received a complaint that city hall is now locked up. 11 City Council Minutes Monday, February 13, 2012 Page 6 of 8 Diehm stated her pleasure with presence tonight of the high school student with his video. The ILander web site is impressive with high quality stories. She encouraged everyone to look at it. Diehm stated that March is food shelf awareness month and encouraged everyone to attend the SACA events. She listed statistics from the food shelf and encouraged support of our local food shelf. Nawrocki stated that over $100,000 was spent on City Hall security and now people cannot even enter through the 40 Avenue door. We have gone overboard in security. We have three liquor stores that do not have this kind of security. He indicated he still wants information on the Library Citizens Task Force and Citizens Academy. He attended the first two meetings, but the third meeting place was changed and he was not informed. Nawrocki again requested liquor store profit information. He requested to have utility rate increase information in the newsletter, but it was not included. Nawrocki stated that the City Manager was gone on vacation without giving Council the information that he was leaving. It is imperative that the manager give this information in case of an emergency. Peterson indicated that Council Corner will end. Diehm stated the City Manager is entitled to take time off and that Council members have his cell phone number and he can be reached wherever he is. Peterson stated "Don't forget our service men and women, don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 8:57 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary Resolution 2012 -15 City of Columbia Heights resolution to agree to the subordination of the city mortgage to summit mortgage for property at 4932 6 street in the amount of $117,160. Recitals WHEREAS, the City is the owner and holder of a mortgage currently encumbering the property located at 4932 6` Street, dated May 28, 2008 and recorded July 30, 2008 as Anoka County Registrar of Titles Document No. 495761.003 in the original amount of $2,838.50; and, WHEREAS, Summit Mortgage is the owner and holder of a Mortgage given by Ryan Palmer, as Mortgagor, currently encumbering the property, dated November 18, 2011, recorded December 5, 2011, as Anoka County Registrar of Titles Document No. 506475.006; and, WHEREAS, Summit Mortgage has requested that the City subordinate the City Mortgage to the Summit Mortgage; and, WHEREAS, the City has agreed to subordinate the City Mortgage to the Summit Mortgage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 12 City Council Minutes Monday, February 13, 2012 Page 7 of 8 1. The City hereby covenants and agrees that the City Mortgage shall be considered, and in all respects shall be, subordinate to the Summit Mortgage and any extensions or renewals of the Summit Mortgage; provided, however, that the amount of this subordination shall not exceed the amount of indebtedness outstanding under the Summit Mortgage of $117, 160.00, with interest thereon as provided in Summit's promissory note, together with all other costs or expenses advanced pursuant to the terns of Summit Mortgage or Summit's promissory note. 2. The City Council authorizes and directs staff to take all actions and execute any documents necessary to carry out the intent of this resolution. RESOLUTION NO. 2012 -016 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0201) has been submitted by Tybang Transmission to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 836 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(c), to allow a minor automobile repair business in the CBD, Central Business District at 836 — 40 Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 8, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Due to the change of occupancy of the building, the building will have to be fitted with a fire - suppression sprinkler system prior to the tenant operating the business. This item requires a separate building permit from the city. 2. The party wall, as well as the wall separating the shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building permit from the city. 3. Should the tenant wish to continue to store the dumpster outdoors, a masonry enclosure must be constructed to meet minimum code requirements. 13 City Council Minutes Monday, February 13, 2012 Page 8 of 8 4. If over 3 vehicles are stored within the building, a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must be designated and striped accordingly. 6. During business hours when work is being performed on vehicles, the garage service door must remain closed at all times with the exception of moving the vehicles in and out of the service bay. 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on 40` Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on -site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited, unless allowed by conditional use. 11. The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. 12. Any newly - installed rooftop equipment must be screened from view from adjacent properties. 13. An environmental management plan, including a storm water management and drainage plan, shall be submitted and approved to address the impact of the facility on the environment. 14 City of Columbia Heights Park and Recreation Commission October 26, 2011 Tom Greenhalgh called the meeting to order at 5:41 p.m. ROLL CALL Members present: Tom Greenhalgh; Justin Grussing; Stan Hoium; Kevin McDonald; David Payne Staff Present: Kevin Hansen, Public Works Director; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary APPROVAL CONSENT AGENDA Greenhalgh asked what the findings were of the Honeywell energy audit report. Windschitl replied that he has not received the report presentation. The preliminary results look really good and show that the City has saved money. He invited the members to attend the audit report formal presentation from Honeywell to the Mayor and City Manager if they desired. Motion by Payne, second by Grussing, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS None at this time. OLD BUSINESS A. Ramsdell Park Tour Hansen began the meeting at 5:25 p.m. with a guided tour of Ramsdell Park. He provided details of the improvements to the park and new amenities. The commission members were very pleased with the final results of the project. Hansen indicated Ramsdell Park has a few items left to finish according to the plan. The scoreboard is two weeks behind for delivery. The light fixtures will receive new heads. Staff has received numerous reports on increased dogs in the park and plan to install doggie stations within Ramsdell Park. One or two more benches will be placed around the walking trail. Greenhalgh asked if bleachers will be installed at the ballfield. Hansen replied yes, that the Columbia Heights School District has paid for one and the City has paid for a second one. He indicated the School District paid $89,000 toward the project which is one third of the entire project. Greenhalgh stated this project has been a nice cooperation between the two groups. Payne indicated concern regarding the field slope. Hansen replied that the field splits in both directions from the pitcher's mound and the outfield splits in a radial direction. The slope is 1% per the specifications of the national softball association. B. Future Park Development Hansen indicated a future master plan would help with budgeting and development plans. He stated the Park Development Fund is near empty. Hoium asked if money is budgeted in to that account each year. Hansen replied yes. He stated there is enough money in the Park Development Fund to prepare a master plan for LaBelle Park. 15 Park & Recreation Commission October 26, 2011 Page 2 Hansen reported the availability of a nationwide grant for playground equipment. It is approved on a first come first served basis. This is a fifty /fifty matching grant for up to $20,000. Hansen would like to apply for this grant to replace the playground equipment at McKenna Park. Windschitl infoiiiied the Commission that he receives many requests for updates at McKenna Park because it is so frequently used. Hansen indicated that McKenna Park has the oldest playground. Windschitl stated that the proceeds from the upcoming Taste of Columbia Heights Mayor's Holiday Kickoff will be benefiting the playground equipment at McKenna Park. Motion by Payne, second by Hoium, to request for the City Council to accept the grant for playground equipment at McKenna Park and to support a budget amendment for the 50/50 cost share for playground equipment at McKenna Park. Upon vote: All ayes. Motion Carried. Hansen reported that staff receives frequent complaints regarding the appearance of LaBelle Park, specifically the boardwalk area. Members discussed the condition and appearance of the park. They agreed that the condition of the boardwalk does need to be addressed. Hansen indicated master planning can take up to twelve to fifteen months. Motion by Hoium, second by McDonald, to prepare a master plan for LaBelle Park. Upon vote: All ayes. Motion Carried. NEW BUSINESS A. John P. Murzyn Hall rental rates for 2013 Windschitl referred to the memo regarding the rental rates and updated policies for John P. Murzyn Hall. The rental rates would stay the same and there would be no increase overall from 2012 to 2013. With regards to the rental policy staff recommends the following changes. Windschitl indicated these changes will need to be approved by the City Council. Regarding a security officer during events, the current rule of thumb is that the officer begins their shift one hour after the alcohol service begins. Windschitl is recommending that an officer be present for all large events whether or not alcohol is being served and that they begin their shift at the beginning of the bar or dinner service. The renter will continue to pay for this service. Windschitl indicated that many time renters are asking to drop items off prior to their rental time or wanting to leave things behind after the rental time ends and pick up at a later date. Often times if items are left behind the renters will come to pick them up in the middle of staff cleaning causing a secondary mess and cleaning needing to be redone. Currently there is no set fee for this service. He is recommending a storage fee of $100 plus tax to be charged for any items delivered prior to or left after the rental time. If the storage room is damaged or left unclean the renter may be charged the full rental fee for the room. Windschitl stated the pop /CO2 usage is currently billed to renters at a fee of $100 for the entire event. He suggested to keep the fee at $100 plus tax for groups up to 200 people and to increase the fee to $150 plus tax for groups over 200 people. The fee for the Columbia Heights Lion's Club when bartending would increase slightly to $40 plus tax for groups up to 200 people and $70 plus tax for groups over 200 people. Windschitl reported the current pop system through Shamrock Group has renewed their prices on the State Contract, but we are the only entity within the State using their service. In 2013 the whole pop system may need to change depending on what future prices may be. 16 Park & Recreation Commission October 26, 2011 Page 3 In regards to a cancellation fee, Windschitl indicated that many rental facilities have a fee set to cover the administrative services. The current policy states in the case of a cancellation, down payments are nonrefundable unless the date is re- rented. For any future cancellation he is suggesting for the refund to be 80% of the down payment. Hoiuin asked if by implementing these new policies it would decrease the number of rentals. Windschitl replied that most facilities that he is aware of have these types of fees. He believes that by changing these policies it will increase the security of a rental and cut down on inconveniences for staff overall. Motion by Payne, second by McDonald, to accept the proposed changes for John P. Murzyn Hall Rental Policy. Upon vote: All ayes. Motion Carried. REPORTS A. Recreation Director Windschitl reported the new fire alarm at John P. Murzyn Hall is being installed. B. Public Works Director /City Engineer Nothing to report at this time. C. Commission Members Peterson reported details regarding the upcoming Taste of Columbia Heights Mayor's Holiday Kickoff on Friday, November 18 The event will include many local restaurants with food samples for $2. A portion of the proceeds will go toward the McKenna Park playground equipment. Windschitl stated the fee should be waived due to a portion of the revenue going back to the City. Motion by Greenhalgh, second by Payne, to waive the fee for the Taste of Columbia Heights Mayor's Holiday Kickoff. Upon vote: all ayes. Motion carried. Payne requested for the Comprehensive Plan for Huset Park be taken in to consideration in the near future for continued improvements. Greenhalgh agreed that he would like to see the plan for updates continued. ADJOURNMENT Greenhalgh adjourned the meeting at 6:10 p.m. Deanna Saefke, Recreation Clerk Typist II 1 7 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: Consent ORIGINATING CITY MANAGER'S NO: DEPARTMENT: Mayor APPROVAL & Library ITEM: Ratification of ten people BY: G. Peterson & R. Loader BY: MRL l appointed to Library Task Force DATE: 2/22/2012 DATE: 2/22/12 NO: Nineteen applications were received to be considered for appointment to the Task Force to study the replacement of the Library building either with a single building or a joint facility with City hall. The applications were carefully reviewed, and the following people were chosen by the Mayor for appointment to the Task Force. Jane Bona Kathleen Collopy Tricia Conway Marna Gomez Nile Harper Halimo Ismail David Larson Mike McGee Muhidin Warfa Colleen Werdien All of them have been contacted to see if they are still interested and available to serve. All responded affirmatively. MOTION: Move to ratify appointment of the ten people listed above to the Task Force to study the replacement of the Library building either with a single building or a joint facility with City hall. COUNCIL ACTION: 18 CITY COUNCIL LETTER Meeting of February 27, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: K. Hansen BY:, FOR THE 2012 MISCELLANEOUS CONCRETE DATE: 2/22/12 DATE: REPLACEMENT AND INSTALLATION PROJECT The City has an ongoing annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk, and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works budget, such as in the Water Fund for the replacement /repairs of concrete removals caused by water main breaks or Street or State -Aid Departments for concrete street panels. Recommended Motion: Move to authorize staff to seek bids for the 2012 Miscellaneous Concrete Replacement and Installation Project. COUNCIL ACTION: 19 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGE NO: PUBLIC WORKS ITEM: RESOLUTION 2012 -018 APPROVING BY: K. Hansen BY G PLANS AND SPECIFICATIONS AND ORDERING DATE: 2/22/12 DATE: ADVERTISEMENT FOR BIDS FOR THE 2012 STREET REHABILITATION PROJECT Background: A Public Improvement Hearing for the 2012 Zone 7 Street Rehabilitation Project was held on January 18, 2012. The City Council ordered improvements for Mill and Overlay on 3rd Street from 42 " Avenue to 44` and Summit Street from 5 Street to 40 Avenue. Analysis /Conclusions: The proposed utility construction remains essentially unchanged from the work presented at the Public Improvement Hearing. Overall, the condition of the water main and sanitary sewer is acceptable. Work on catch basins and pipe within the construction area will be conducted where recommended based upon field inspections. The proposed funding for this work is as follows: Storm Sewer Construction Fund $17,000. Water Construction Fund $ 5,000. Sanitary Sewer Construction Fund $ 5,000. Final plans and specifications for the Street Rehabilitation Improvements, including utilities, are substantially complete. The bid opening is scheduled for April 3, 2012 with City Council award on April 9, 2012. Recommended Motion: Move to waive the reading of Resolution 2012 -018, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -018 approving Plans and Specifications and ordering Advertisement for Bids for 2012 Street Rehabilitation Project, Zone 7, City Project Number 1202. Attachment: Resolution 2012 -018 COUNCIL ACTION: 20 RESOLUTION 2012 -018 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2012 STREET REHABILITATION PROJECTS, ZONE 7, CITY PROJECT NUMBER 1202 WHEREAS, pursuant to a resolution passed by the Council on January 18, 2012, the City Engineer has prepared plans and specifications for Mill and Overlay on 3 Street from 42n Avenue to 44 Avenue and on Summit Street from 5th Street to 40 Avenue; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2012 Street Rehabilitation, Zone 7, City Project Number 1202 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, April 3, 2012 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, April 9, 2012 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Passed this 27 day of February 2012. CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 21 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CONSTRUCTION OF RIGHT TURN LANE BY: Kevin Hansen BY: DATE 01/31/2012 DATE. 4/1/114------ FROM 50 AVENUE NE ONTO NORTHBOUND TH 65 (CENTRAL AVENUE) Background: Staff prepared a site layout plan and submitted a Cooperative Agreement Application for funding the construction of a right turn lane on 50 Avenue, east of Central Avenue, in September of 2011. The proposed work is similar to the right turn lane on 50 Avenue, west of Central Avenue, installed by the City in 2008. Staff was notified in early January of 2012 that the application did not rank for funding (see attached). Analysis /Conclusions: The Cooperative Agreement application referenced above followed State requirements for the design with an estimated construction cost of $80,000 to $90,000 as detailed below: 1. Proposed Construction The work would involve developing a right turn (RT) lane within the northerly ROW and existing casements. Thc current mad width is 32 feet, and adding a RT lane would modify the width to 40 feet. This would provide for a 14 foot eastbound lane, a 12 foot through /left turn lane, and a 14 foot RT lane. Existing catch basins would need to be moved along with the loop detectors and wiring for the signal system. This work would also require minor modifications to the new ALDI's driveway access as the taper is being developed through this area — again similar to the work that was conducted at the liquor store orr the west side. Staff has reviewed 50 Avenue and conducted additional traffic counts with ALDI's now open. This intersection does not have designated lanes due to the current width. Those are summarized on the attached aerial photograph. In taking the traffic counts, staff did observe that the westbound lane does experience an occasional, but not regular, backup (9 -12 vehicles observed) and the frontage road will experience a delay also with up to five vehicles waiting to exit onto 50 Avenue. During these backups the vehicles do not clear the intersection during the green and have to wait for the next green cycle. The traffic counts indicate a similar number of right turning (RT) and left turning (LT) movements — this suggests the intersection would see an operational improvement from a designated RT lane. Another consideration, and as recommended by the Traffic Commission, would be to make the frontage road a one -way to the Jimmy John's south property line (see attached site layout). This would require customers from the retail strip center to exit onto Central Avenue at the drive access midway between 49 and 50 Avenues. At the Traffic Commission hearing on June 6, 2011 for 50 Avenue, the owner of the retail strip center voiced opposition to removing the northbound lane onto 50 Avenue from the frontage road. Without the Cooperative Agreement funding, staff has developed a new site layout that fits in a turn lane but does not require modifications to the ALDI's drive entrance off 50 or moving components of the signal system. It would involve curbing removal on the south side of the roadway to attain a minimum width for the eastbound lane, left turn/thru, and right tum lane. It would also require moving the catch basins and a hydrant to accommodate the new curb location. The estimated cost of this revised layout is $42,000. 2. Project Funding/Methodologv The turn lane on the west side of 50 Avenue was funded with liquor store funds. For the east side proposal, City Infrastructure funds could be used. Recommended Motion: Order the construction of a right turn lane on 50 Avenue NE onto northbound TH 65 (Central Avenue) in the 2012 Street Zone Improvement Program. Attachment: MnDOT Cooperative Agreement Letter — 01/04/12 Traffic Count - aerial Revised Site Layout COUNCIL ACTION: 22 01"Qt Minnesota Department of Transportation ( ( Metro Distr Office Tel ict : 651-234-7768 'S. ii3 O1 ) Office of State Aid Office Fax 651-234-7765 op 1500 West County Road B2 ' gregory.ksrn@state.mn.us Roseville, MN 55113-3174 January 4, 2012 Mr. Kevin Hansen, P.E. City of Columbia Heights 637 38 Avenue NE Columbia Heights, MN 55421-3806 RE: Request for FY 2013 Municipal Agreement Program Funding TH 65 at 49 and 50 Avenues City of Columbia Heights Dear Mr. Hansen: '... I am writing to inform you of the decision reached on December 21, 2011 by the Fiscal Year (FY) 2013 Municipal Agreement Program Selection Committee regarding the above referenced project After considering 16 candidates submitted for•inclusion in the F 2013 Program, the Selection Committee reached the decision not to fund the referenced project. The folloWing process was utilized to arrive at that decision. •. . . •. . . • : . . We utilized a selection process this year thetranked eacheftheijibject proposals within the four investment categories (Support Community.Develbpnient; Improve Safety, InipreVe Mobility and Maintain Existing Infrastructure) and then the projects were compared across categories by the Selection Committee to prioritize • proposals for funding. Proposals were cegbrized under one or more.of•the Investment categories based on primary benefit (s). The goal was tehaVa:balance across:the investment categories and not have a strict hierarchy determine selection priorities. The final step was then determining what funding, if any, would be offered to each project. ' !.:-.... . ... . . . • • . . . - •• • .: , . . . . . . . . These steps were followed until avaliable:funditighad' been This project was categorized as a Safety/Mobility project which the Committee fehwere the primary benefits. We had many excellent projects submitted this year and unfortunately funding Was completely allocated before the committee was able to put any towards this project, It is recommended that you continue to work with your Mn/DOT Area Manager/Engineer on this project. If you have any questions about the selection process please feel free to contact me. , Sincerely, /C.,,—....„ Gregory 14t Acting Cooperative Agreement Engineer cc; Greg Coughlin, Mn/DOT-Metro State Aid * Wayne Norris, Mn/DOT-Area Manager * Mark Lindeberg, Mn/DOT-Area Engineer * File , . * Electronic Copy Only An equal opportunity employer 23 i - may', -- � I, � ' LJ CC f zH- W U G Z Z y a < i m I 1 / / / / f / l o - P 1 /! / 1, ( I w If 11 1111 I - l 4 11 Z /I I1 ' / Il1 o2u 1 r 11 11 1 Z I1 w l III, 1: « l - 1 Q rn O Ii O 1 ' O 1 / I I . 1 ! � '11 II _ lit 11 t / u ,ill _ I' 1 11 G� 1� II < i L �� ilk I Ir 1/, u 1 /, I 1 - 1, ,I I " W 1 If 11 1I I I ,. B!' I 11 ��> � H. . iI 3 I I p ,, W 1 I I w x 1.l H ? � '' 1 i .w '' di 1 I 1 6 W 1 1 ; ii k y , 1' ,1E o =1i w I i i , a , 1 4� _ �) 0 �� !!'''I l i w II -) 1 N 1 - \ it a V f3Gry E 5 � ITF C F '' a F � uctl III nC T y , o 1. _ � iL � , tie, ! �� r r \! \/ --- _ -)]N t Jfyb 1 Nd1N3 ) -_ I AN 'N.v'. 1�d1N�J ,, p = F ,_ / ,, 1 s a; W ID o E c ,-Z Z 0 w s C 0 --- LC CC W Lc Z a E ° ID C fV Z 6 O 1--7 -,-, F„ d "7 0 0 _ E w CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2012 -020 REQUESTING BY: K. Hansen BY: is %a MSAS CONSTRUCTION FUNDS FOR OTHER DATE: 2/22/12 DATE: LOCAL TRANSPORTATION USES Background: In 1999, the Commissioner of Transportation declared the City's MSA System complete. This allows the City to utilize the population apportionment of the annual construction allotment for local street construction. These funds are intended to supplement the Infrastructure Fund for the annual Street Rehabilitation Program. Analysis /Conclusions: MnDOT requires a resolution requesting funds for other local uses to be approved annually after the State - Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain MSAS funds that will supplement the City's Infrastructure Fund for street rehabilitation projects. With the smaller project approved for 2012, the City is planning to request about $50,000. Other years, the City typically requests about $270,000 when (or the maximum amount available). Currently, the lesser amount is sufficient to supplement the Infrastructure Fund and still provide resources for other construction projects. Recommended Motion: Move to waive the reading of Resolution 2012 -020, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -020 requesting Municipal State Aid System construction funds for other local transportation uses. Attachment: Resolution 2012 -020 COUNCIL ACTION: 26 RESOLUTION 2012 -020 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.62 MSAS miles are currently authorized, and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City -owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 3 Street, 42n Avenue to 44 Avenue Summit Street, 5 Street to 40 Avenue Passed this 27 day of February 2012 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 27 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2012 -019 DECLARING THE BY: Kevin Hansen /Joe Kloiber BY: INTENT TO BOND FOR ZONE 7 STREET DATE: 2/22/12 DATE: REHABILITATION PROJECT, CITY PROJECT 1202 Background: At the improvement hearing on January 18, 2012, the Council ordered the improvement of Zone 7 Street Rehabilitation project. Plans and specifications have been completed by staff and are being submitted to Mn/DOT for review and approval prior to bidding. To provide adequate project funding, it is possible that bonding will be utilized to cover the project over a 2 to 3 -year cycle. Bonds for street rehabilitation projects were most recently issued in 1999, 2003, 2006 and 2009. Analysis /Conclusions: Currently cash available to fund the construction from city inter -fund loans is limited. For this reason, there is the potential for bonding for the 2012 Street Rehabilitation Improvements Program. The fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This was done for the Zone Street Rehabilitation construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. Recommended Motion: Move to waive the reading of Resolution 2012 -019, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -019, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for Zone 7 Street Rehabilitation Project, City Project 1202. Attachments: Resolution 2012 -019 COUNCIL ACTION: 28 RESOLUTION 2012 -019 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City ") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1202 consisting of Zone 7 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $200,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. Passed this 27 day of February 2012 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 29 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: FINAL PAYMENT FOR MSC BY K. Hansen BY: GARAGE FLOOR REPAIRS AND COATING, DATE: 2/22/12 DATE: PROJECT 1108 Background: The contractor has completed the 2011 MSC Garage Floor Repairs and Coating project. This work consisted of concrete repairs on the main floor of the MSC. The repairs included partial and full depth concrete repairs of the structural slab, and partial depth repairs of several supporting beams and columns. Supplemental reinforcing steel bars were added during the repairs when the existing bars were deteriorated. After completion of the concrete repairs, a 3 -coat urethane /epoxy traffic coating was applied to the surface. Analysis /Conclusions: Staff recommends final payment to the contractor, as work has been completed in accordance with the contract documents. Recommended Motion: Move to accept the work for 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108, and authorize final payment of $14,430.86 to SPS Infrastructure, Inc. of Saint Paul, Minnesota. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 30 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2011 MSC GARAGE FLOOR REPAIRS AND COATING CITY PROJECT NUMBER 1108 February 22, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to SPS Infrastructure, Inc. The work consisted structural concrete floor, beam and column repairs and floor coating of the main floor at the MSC. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $154,212.00 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $154,212.00 FINAL WORK APPROVED $144,308.55 ALL PRIOR PAYMENTS ($129,877.69) BALANCE DUE $ 14,430.86 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 31 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Resolution confirming BY: Walt Fehst BY: �� ,,o �o existing precinct boundaries DATE: February 27, 2012 DATE: NO: Background: The MN Supreme Court released Legislative and Congressional redistricting plans on Tuesday, February 21, 2012. Columbia Heights remains in the 5` Congressional District and in a single legislative district (40 — Senate and 41B — House). Election procedures require the reestablishment of voting precincts in the City after the legislature has been redistricted, at least 15 weeks prior to the State Primary. Existing precincts must be reconfirmed by Council action. There have been no boundary changes for our City. Therefore, there is no need to change any precinct boundaries, only the requirement to reestablish existing precincts. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2012 -23, there being amble copies available to the public. MOTION: Move to adopt Resolution No. 2012- 23, being a resolution reconfirming precinct boundaries and designated polling places. COUNCIL ACTION: 32 RESOLUTION 2012 -23 RESOLUTION CONFIRMING EXISTING ELECTION PRECINCT BOUNDARIES AND POLLING PLACES Whereas, the legislature of the State of Minnesota has been redistricted; and Whereas, the voting precincts in the City must be reestablished or reconfirmed after the legislature has been redistricted: Now, Therefore, Be It Resolved by the City Council of the City of Columbia Heights, Anoka County, State of Minnesota that: 1. The City be divided into eight voting precincts effective with the August 14, 2012 State Primary Election, and 2. That the boundaries of the precincts are hereby established pursuant to Minnesota Statute 204B.14 subdivision 3C, and 3. That the polling places of the precincts are hereby established pursuant to Minnesota Statute 204B.16, and 4. That such boundaries and polling places shall be as follows: Precinct 1 described as follows: Beginning at the intersection of 44 Avenue and Main Street, south along the center line of Main Street to 40 Avenue, west along the center line of 40 Avenue to the west boundary of Columbia Heights, south along the western boundary of Columbia Heights to 37 Avenue east along the center line of 37 Avenue to 5th Street, north along the center line of 5 Street to 39 Avenue, northeast along the center line of 39 Avenue to Jefferson Street, north along the center line of Jefferson Street to 40 Avenue, west along the center line of 40 Avenue to 7 Street, north along the center line of 7 Street to 44 Avenue, west along the center line of 44 Avenue to the center line of Main Street. The polling place for Precinct 1 shall be John P. Murzyn Hall located at 530 Mill Street. Precinct 2 described as follows: Beginning at the intersection of 44 Avenue and 7 Street, south along the center line of 7 Street to 40 Avenue, east along the center line of 40 Avenue to Jefferson Street, south along the center line of Jefferson to 39 Avenue, west along the center line of 39 Avenue to 5 Street, south along the center line of 5 Street to 37 Avenue, east along the center line of 37 Avenue to Central Avenue, north along the center line of Central Avenue to 44 Avenue, west along the center line of 44 Avenue to the center line of 7 Street. The polling place for Precinct 2 shall be Immaculate Conception Catholic Church located at 4030 Jackson Street. Precinct 3 described as follows: Beginning at the intersection of 42" Avenue and Central Avenue, south along the center line of Central Avenue to 37 Avenue, east along the center line of 37 Avenue to Hayes Street, north along the center line of Hayes Street to 40 Avenue, west along the center line of 40 Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to 42" Avenue, west along the center line of 42" Avenue to the center line of Central Avenue. The polling place for Precinct 3 shall be Parkview Villa located at 965 40 Avenue NE. 33 Precinct 4 described as follows: Beginning at the intersection of 42 Avenue and Central Avenue, east along the center line of 42n Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to McLeod Street, west along the center line of McLeod Street to north along the center line of McLeod Street to 45 Avenue, west along the center line of 45 Avenue to southwest corner of Keyes Park, north along the western boundary of Keyes Park to 46 Avenue, east long the center line of 46 Avenue to the Minneapolis Water Works, north along the boundary of the Minneapolis Water Works to 49 Avenue, west along the center line of 49 Avenue to Fillmore Street, northwest along the center line of Fillmore Street to 50 Avenue, west along the center line of 50 Avenue to Central Avenue, south along the center line of Central Avenue to the center line of 42 Avenue. The polling place for Precinct 4 shall be Highland Elementary School located at 1500 49 Avenue Ne. Precinct 5 described as follows: Beginning at the intersection of Hayes Street and 37 Avenue, east along the center line of 37 Avenue to Stinson Boulevard, north along the center line of Stinson Boulevard to 45 Avenue, west along the center line of 45 Avenue to the Minneapolis Water Works, west along the southern boundary of the Minneapolis Water Works to Keyes Park, west along the southern boundary of Keyes Park to McLeod Street, south along the center line of McLeod Street then east along the center line of McLeod Street to Reservoir Boulevard, southwest along the center line of Reservoir Boulevard to 40 Avenue, east along the center line of 40 Avenue to Hayes Street, south along the center line of Hayes Street to the center line of 37 Avenue. The polling place for Precinct 5 shall be First Lutheran Church located at 1555 40 Avenue NE. Precinct 6 described as follows: Beginning at the intersection of Stinson Boulevard and 45 Avenue, north along the center line of Stinson Boulevard to the northern boundary of Columbia Heights, west along the northern boundary of Columbia Heights to Central Avenue, south along the center line of Central Avenue to 50 Avenue, east along the center line of 50 Avenue to Fillmore Street, southeast along the center line of Fillmore Street to 49 Avenue, east along the center line of 49 Avenue to Johnson Street, south along the western border of the Minneapolis Water Works to 46 Avenue, west along the center line of 46 Avenue to northwest corner of Keyes Park, south along the western boundary of Keyes Park to 45 Avenue , east along the center line of 45 Avenue to the southern boundary of Minneapolis Water Works, east along the southern boundary of Minneapolis Water Works to 45 Avenue, east along the center line of 45 Avenue to the center line of Stinson Boulevard. The polling place for Precinct 6 shall be Highland Elementary School located at 1500 49 Avenue NE. Precinct 7 described as follows: Beginning at the intersection of 7 Street and 44 Avenue, east along the center line of 44 Avenue to Central Avenue, north along the center line of Central Avenue to 53 Avenue, west along the center line of 53 Avenue to 7 Street, south along the center line of 7 Street to the center line of 44 Avenue. The polling place for Precinct 7 shall be Valley View Elementary School located at 800 49 Avenue NE. 2 34 Precinct 8 described as follows: Beginning at the intersection of Main Street and 44 Avenue, east along the center line of 44 Avenue to 7 Street, north along the center line of 7th Street to 53 Avenue, west along the center line of 53r Avenue to University Avenue, south along the center line of University Avenue to 45 Avenue, west along the center line of 45` Avenue to Main Street, south along the center line of Main Street to the center line of 44` Avenue. The polling place for Precinct 8 shall be Valley view Elementary School located at 800 49 Avenue NE. Passed this 27 day of February, 2012 by the Columbia Heights City Council. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk/Council Secretary 3 35 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting Date: February 27, 2012 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: City Manager's Fire Approval: No. ai, ITEM: Resolution Establishing Property Maintenance BY: Gary Gorman Inspection Fees No: DATE: February 27, 2012 Background: All rental property goes through a re- licensing process that starts 45 days prior to the current license expiration date. Each month approximately 15 to 20 properties reach their expiration date without meeting the necessary requirements to be re- licensed. These properties then start the license revocation process that may culminate with a Public Hearing at a City Council meeting. Fire Department staff makes many efforts to contact the property owners just prior to the expiration date and after the expiration date to get their licensing requirements met. Part of the revocation process is the requirement to send letters to the owner and tenants along with posting the property and tenant units with the hearing notice. City administrative staff is also spending time with these properties by having to schedule them on the Council agenda only to have them pulled off on the final days, or hours, prior to the Council Meeting. Staff is recommending that a late fee be initiated to off set some of the cost of staff time, materials and postage used to bring these properties into compliance. Staff is recommending a Licensing Late Fee of $100.00 be added to the property maintenance inspection fee schedule. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2012 -17, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2012 -17, being a Resolution establishing Property Maintenance Inspection fees. COUNCIL ACTION: 36 RESOLUTION NO. 2012-17 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 2005 WHEREAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides for the establishing of fees; and WHEREAS, the City has authorized changes to property maintenance fees from time to time; and WHEREAS, the City finds there is a need to modify the property maintenance fee structure at this time; and THEREFORE, BE IT RESOLVED, that the property maintenance fee structure listed below shall be adopted and effective March 1, 2012. RENTAL LICENSING FEES Rental property license - 1 unit $150.00 per unit Rental property license — 2 units $75.00 per unit Rental property — 3 units $50.00 per unit Rental property — 4 units $40.00 per unit Rental property license - 5 thru 10 units $50.00 per building plus $23.00 per unit Rental property license - 11 thru 30 units $50.00 per building plus $18.00 per unit Rental property license — over 30 units $50.00 per building plus $12.00 per unit License Reinstatement after Revocation /Suspension Five times annual license fee License Transfer Fee $25.00 Licensing Late Fee $100.00 ABATEMENT FEES Immediate Abatement Administrative Fee $75.00 per abatement Abatement Administrative Fee $200.00 per abatement Passed this 27th day of February, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 37 CITY COUNCIL LETTER Meeting of February 27, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL j 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 February 27, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 38 u�us ail: , sou; COLUMBIA HEIGHTS Rental Lic List to Approve FIRE DEPARTMENT by City Council 2012 f aun 825 41st Avenue N.E. - Columbia Heights, MN 55421 Ph: 763 -706-8156 - Fax: 763 -706 -8151 10196 4620 5TH ST NE Elvester, Andrew F11473 2401 Forest Meadow Cir. $ 150.00 Minnetonka, MN 55305 10237 4105 MADISON ST NE Que, Ying F11486 2600 26th Avenue S. #100 $ 150.00 Minneapolis, MN 55406 10340 4933 6TH ST NE Klier, Jessica F11471 478 Earl St. $ 150.00 St. Paul, MN 55106 Total # of Licenses 3 02/22/2012 09:14 Page 1 39 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 22, 2012 BY:�', BACKGROUND /ANALYSIS Attached is the business license agenda for the February 27, 2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012, and a temporary Liquor License for Immaculate Conception. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 27, 2012 as presented. COUNCIL ACTION: 40 TO CITY COUNCIL Feb 27, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG Drobnick's Construction Clean Up 17611 Kettle River Blvd, Forest Lk $60 *Mill City Electric Inc. 7580 Commerce Ln NE, Fridley $60 *Southtown Plumbing Inc. 6636 Penn Ave So, Richfield $60 MMH Plumbing Inc. 3060 62 St SW, Waverly $60 *Steinkraus Plumbing Inc. 112 E 5th St, Chaska $60 *AM Plumbing 27479 109 St NW, Zimmerman $60 *Galaxy Mechanical 4920 173' Ave NE, Ham Lake $60 *Majestic Htg & AC 8800 Royal Crt NW, Ramsey $60 *St Marie Sheet Metal PO Box 32148, Fridley $60 *Team Mechanical 3508 Snelling Ave, Mpls $60 *Swenson Htg & AC 12723 320 Ave NW, Princeton $60 *Central Htg & Cool 26009 Nightingale St NW, Isanti $60 *Trent's Mechanical 1285 114 Ave, Coon Rapids $60 *LeRoy Signs 6325 Welcome Ave, Brk Pk $60 *Western Tree Service 23712 150 St. Paynesville $60 TEMPORARY LIQUOR POL Immaculate Conception Church 4030 Jackson St, Col Hts $60 For event of March 24, 2012 41 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 27, 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 142484 through 142625 in the amount of $ 480,877.29. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 42 U) W * * * * * * H 0 3 Z FC 3 3 O CL * 3 H rx 3 3 W W 3 * x * * O * * r.G U 3 * H * * W N 3 3 P+ * 3 U] > M * * 'T a r- * * P, U o * 3 U U 3 * 1 * * w U) P * 3 H O 000 * * C CLH In cr * 3 U • o in * * ,C H 0C a l 3 3 OWO U 3 * if) 0 * * N - O * * 0 l0 a * * Z N * * H d' * * * * * * H H H * * U) CL l0 * * a } } } } }� } } N } } }, * * * * * * 4A .4 44 444.11 4444 * * a +J +J -0 +J +J +J 1J +J +) -0 -W -0 -0 a) * 3 H 0 * 0000* U ro Cr) Z o * y * 0 V' m 4-J * Zi mi l. 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Whereas, license holder is the legal owner of the real property located at 4054 2 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 17, 2012 of a public hearing to be held on February, 27 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 13, 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 17, 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 February 21, 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 repair all items listed in the inspection report from the Building Official 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11387 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on 51 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 52 CITY COUNCIL LETTER Meeting of February 27, 2012 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY Gary Gorman BY: Abatement > ' DATE: February 21, 2012 DATE: NO: 12 -22 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2012 -22 — 3809 Buchanan 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 Number 2012 -22 there being ample copies available to the public RECOMMENDED MOTION: Move to adopt Resolution Number 2012 -22 being a resolution 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: 53 RESOLUTION 2012 -22 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 Terrence Jones (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3 809 Buchanan 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 January 26, 20121. 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 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 January 26, 2012 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 February 16, 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 storm window on the rear, 1st floor window B. Shall secure the garage service door that was found open 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 3809 Buchanan 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. 54 ORDER OF COUNCIL 1. The property located at 3809 Buchanan 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 55 CITY COUNCIL LETTER Meeting of: February 27, 2012 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CAPITAL EQUIPMENT REPLACEMENT BY: Kevin Hansen BY: OF UNIT #69: FORD SINGLE AXLE 35,000 GVW DATE 02/16/2012 DATE: DUMP TRUCK AND ATTACHMENTS, FROM THE STATE OF MINNESOTA PURCHASING CONTRACT Background: Public Works existing vehicle #69 is a Ford single axle 35,000 GVW dump truck purchased in 1997 for $63,000. It is equipped with a front plow, belly plow and spinner type sander. This is a primary truck used for public works maintenance operations. It is 15 years old with 53,326 miles recorded. Since July of 2001, which is as far as the maintenance records go back, $63,400 has been spent on repair parts and labor. The Vehicle Maintenance Supervisor has rated the body condition as fair with some rust and the mechanical condition as declining. It is difficult to locate parts for this particular make and model of dump truck. The 2012 Capital Equipment Replacement budget allocated $170,705 for the replacement of Unit #69 and attachments. Analysis /Conclusions: During the last 12 years the city has replaced dump trucks and attachments with the goal of improving productivity and lowering cost by reducing the amount of manpower and equipment required to conduct city wide plowing and ice control operations. The replacement for Unit #69 will provide the ability to dispatch a wing truck to each quadrant and the main drags of the city. Staff recommends the disposal of Unit #69 via auction to obtain the highest value. Staff recommends replacement of Unit #69 single axle dump truck and attachments with a single axle 41,000 GVW dump truck equipped with a reversible front plow, belly plow, rear wing plow and spinner type sander, snatching our recent dump truck purchases. A complete copy of the State of Minnesota specifications is available from the Public Works office. RECOMMENDED MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement for Unit #69: One (1) new International single axle 41,000 GVW dump truck chassis from Astleford International of Minneapolis in the amount of $76,898; and purchase the dump box, reversible front plow, belly plow, wing plow and sander from Truck Bodies and Equipment International, Inc. of Lake Crystal, MN in the amount of $75,850 for a total price of $152,748.45, plus sales tax. COUNCIL ACTION: 56