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HomeMy WebLinkAbout03/26/2012 Regular MeetingCITY OF COLUMBIA HEIGHTS Mayor 590 40" Avenue NE, Columbia Heights, ARN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Gary L. Peterson Councilmembers Visit our website at. www.ci.colutnbia-hfki ts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 26, 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 Jeremiah Rice from Oak Hill Baptist /The Point. 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. Library - Staff Appreciation 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 MOTION: Move to approve the minutes of the March 12, 2012 City Council meeting. p 7 B. Accent Minutes of the Boards and Commissions MOTION: Move to accept the February 1, 2012 Library Board minutes. p. 16 C. Adopt Resolution 2012 -024 Authorizing Application to the MN DNR for a Local Trail Grant MOTION: Move to waive the reading of Resolution No. 2012 -024, there being ample copies p 18 available to the public. MOTION: Move to adopt Resolution No. 2012 -024, being a Resolution authorizing the Public Works Director to submit an application to the Department of Natural Resources Local Trail Program for eligible funds for trail improvements and designating the Director of Public Works as the primary contact for the program. 3 City Council Agenda Monday, March 26, 2012 Page 2 of 4 D. Adopt Resolution 2012 -028, Approving the Joint Powers Agreement (JPA) with the Mississippi p 20 Watershed Management Organization MOTION: Move to waive the reading of Resolution 2012 -028, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012 -028, Being a Resolution Approving the Joint Powers Agreement and Officially Designating the City of Columbia Heights' Membership in the Mississippi Water Management Organization. E. Consider Implementing the National League of Cities Service Line Warranty Program Motion: Move to approve the Marketing Agreement with Utility Service Partners implementing p. 87 the NLC Service Line Warranty Program in Columbia Heights, and authorizing the Mayor and City Manager to enter into an agreement with Utility Service Partners for the NLC Service Line Warranty Program. F. Adopt Resolution 2012 -031, Being a Resolution Awarding Street Striping; Resolution 2012-029 Being a Resolution Awarding Crack Sealing, Resolution 2012 -030 Being a Resolution p. 94 Awarding Seal Coating Motion: Move to waive the reading of Resolution 2012 -031, there being ample copies available to the public. Motion: Move to adopt Resolution 2012 -031, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Street Striping Project to AAA Striping Service, based upon their low, qualified, responsible bid in the amount of $17.84 per gallon for Street Markings and $100.00 per gallon for Symbol Markings with an estimated cost of $6,300 to be appropriated from Fund 212 -43190 -4000 and $700 to be appropriated from Fund 101- 43170 -4000. Motion: Move to waive the reading of Resolution 2012 -029, there being ample copies available to the public. Motion: Move to adopt Resolution 2012 -029, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Crack Sealing Project to American Pavement Solutions based upon their low, qualified, responsible bid in the amount of $0.56 per lineal foot for crack sealing with an estimated cost of $4,500 to be appropriated from Fund 415 -51201 -4000, and $3,000 to be appropriated from Fund 430 - 46323 -5185. Motion: Move to waive the reading of Resolution 2012 -030, there being ample copies available to the public. Motion: Move to adopt Resolution 2012 -030, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Seal Coating Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $2.65 per gallon of emulsion and $0.82 per square yard of aggregate with an estimated cost of $69,500 to be appropriated from Fund 415 -51101 -5185 and $69,500 to be appropriated from Fund 430- 46323 -5185. 4 City Council Agenda Monday, March 26, 2012 Page 3 of 4 G. Adopt Resolution 2012 -032, Being a Resolution Restricting Parking on 49th Avenue at P. 100 Columbia Heights High School Motion: Move to waive the reading of Resolution 2012 -032, there being ample copies available to the public. Motion: Move to adopt Resolution 2012 -032, Being a Resolution Restricting Parking for 50' on the north side of 49th Avenue NE (CSAH 4) at the intersection of Fillmore Street and west of Johnson Street, and for 50' on the south side of 49th Avenue NE (CSAH 4) east of Fillmore Street and on both sides of the driveway access to the high school athletic fields, and restricting parking for 30' on the east side of Fillmore Street NE north of 49th Avenue, based on the recommendation of the City Engineer in cooperation with Independent School District #13 and the Anoka County Traffic Engineering Manager. H. Approve Attached List of Rental Housing Applications MOTION: Move to approve the items listed for rental housing license applications for March 26, 2012 in that they have met the requirements of the Property Maintenance Code. p. 103 Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 26, 2012 as presented. p. 124 J. Review Payment of the Bills 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 142817 through 142977 in the p 126 amount of $552,648.17. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2012 -34 for 4345 5th Street N E 2012 -35 for 4008 2nd Street N E and 2012 -36 for 4219 7th Street N.E., being Resolutions of the City Council of the City of Columbia Heights Approving Rental License Revocation for Failure to Meet the Requirements of the Property Maintenance Codes p. 134 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012 -34, 35, and 36 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2012 -34, 35, and 36 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney City Council Agenda Monday, March 26, 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. Linda L. Magee, Acting City Manager LLM/cjb 9 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MARCH 12, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 12, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALLANVOCATION Pastor Bob Lyndes, Crest View Communities 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 Mayor Peterson added the Approval of Premises Permit Application for the Columbia Heights Athletic Boosters to conduct Charitable gambling activities at Mr. BBQ, 4811 Central Avenue to the Consent Agenda as item I. Mayor Peterson added former City Manager Malcolm Watson to speak on the history of garbage service in our community to Presentations, Item B. Motion by Nawrocki to add council corner to the agenda. Fehst stated it will be on the next work session agenda to be discussed again. Nawrocki stated that people expect to hear the good news and the bad news and he brings up some bad news. Nawrocki stated he would have items for the Manager to answer. Peterson stated that some Council members do not adhere to the five minute rule. We will discuss a time limit at a work session. Motion failed for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION ANNOUNCEMENTS, GUESTS A. Love Your Library - Buy a Heart Bob Odden, Friends of the Library member, stated they have declared March as "Love your Library" month, giving patrons or residents a chance to replace classic library books through a donation for the full amount or partial amount of a specific book. It is $10 a year to be a member and the Friends meet the first Monday of the month. Everyone is welcome to join. Miscellaneous Nawrocki stated he attended the Local Government Officials meeting which discussed Hazardous Mitigation, I35 lane study update, comprehensive services on violent crimes, and fiscal disparities. B. History of garbage service in our community — Malcolm Watson. Fehst stated the Legislature was looking at cities that provide organized waste hauling to have, inverse condemnation. Fehst indicated the problem with many hauler trucks on city streets rather than just one truck. Some providers feel they have lost business in communities. We have saved possibly millions of dollars using our type of single hauler business. Malcolm Watson, 1717 49`h Avenue NE, a Columbia Heights resident and former City Manager stated garbage service began when a hog farmer offered to pick up garbage for free if it was in metal containers. Then we went to licensed garbage haulers with several drivers going up and down each street. This brought about the change to require all citizens to pay for refuse service City Council meeting minutes Monday, March 12, 2012 Page 2 of 9 with a contract through the lowest, responsible bidder. It became necessary to have mandatory service as people were dumping garbage elsewhere. Since that time, having a single refuse hauler has worked well. He also referred to the Kiwanis recycling center proceeds, which help children in our area. Watson stated on St. Patrick's Day, the Legion on Central Avenue will hold a St. Patrick's Day event. Nawrocki also gave a little history on the garbage collection process CONSENT AGENDA Nawrocki requested to remove items D & E 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 February 27, 2012 City Council meeting. B. Accept minutes of the Boards and Commissions Motion to accept the March 6, 2012 Planning and Zoning Commission minutes. C. Re- appointments to Boards and Commissions Motion to reappoint Tantanella and Vesley to three year terms on the Library Board; Olson to a four year term on the Traffic Commission; McDonald and Payne to five year terms on the Park and Recreation Commission; and Szurek to a four year term on the Planning and Zoning Commission. D. Authorize purchase of replacement Fire Department chiefs /command vehicle - removed E. Adopt Resolution No. 2012 -27 being a Resolution approving an Alternative Fee Structure for Wine License - removed F. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for March 12, 2012 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 12, 2012. 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 142626 through 142816 in the amount of $632,705.86. I. Approval of Premises Permit Application for the Columbia Heights Athletic Boosters to conduct charitable gambling activities at Mr. BBQ 4811 Central Avenue Motion to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Mr. BBQ, 4811 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception 0 City Council meeting minutes Monday, March 12, 2012 Page 3 of 9 of items D and E. Upon vote: All ayes. Motion carried. D. Authorize purchase of replacement Fire Department chief s /command vehicle Fire Chief Gorman stated the vehicle to be replaced would go to the Public Works Department for review and placement elsewhere. Gorman stated that in an SUV the temperature is consistent, whereas in a car trunk medicines and equipment can freeze. This is the vehicle to be used by the Fire Chief and will be the command vehicle. Motion by Williams, second by Diehm, to authorize the purchase of a 2012 Chevrolet Tahoe 4x4 from Thane Hawkins Polar Chevrolet in the State of Minnesota Purchasing Contract amount of $32,750.95; and to equip the vehicle with lights, siren, radio, and computer mount in an amount not to exceed $7500; and a graphics package not to exceed $300. Funding shall be from the Fire Capital Equipment fund 439 - 42200 -5150. Upon vote: All ayes. Motion carried. E. Adopt Resolution No. 2012 -27 being a Resolution approving an Alternative Fee Structure for Wine License Nawrocki stated opposition to a reduction in the license fee. This should be discussed at the end of the year will all fees. Schmitt stated this applies because the ordinance was recently changed, so the fee also needs to be reevaluated. Motion by Diehm, second by Williams, to waive the reading of Resolution #2012 -27 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to approve Resolution 2012 -27, being a Resolution amending Ordinance Section V, Section 5.505 (G) to reduce on -sale wine license fees from $2,000 to $1,200 for restaurants ranging from 25 to 74 seats and maintaining a $2,000 license fee for facilities that are at, or exceed 75, seats. Nawrocki stated that the current fee is what the requestor knew the cost would be. Peterson stated there were others that fall under the new wine /seating ordinance. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012 -025 being Resolution for the Approval of a Site Plan for O'Reilly Auto Parts Store located at 3700 Central Avenue. Jeff Sargent, City Planner, stated that the EDA has worked with O'Reilly Auto on the request to develop on this property. The site plan was brought before the Planning and Zoning Commission. They decided it was too far from our guidelines and the request failed by a 3 — 2 vote. Sargent covered the differences: they propose to point the main entrance toward the parking lot. This type business requires on -site parking; our guidelines state that no more than 40% of the frontage be for parking and this case it is over that by 11 -12 percent; all doors and windows need to be transparent. Sargent showed drawings of the multiple frontage fagade. He stated that O'Reilly's only wants the north side to be transparent and request the rest of the windows be opaque. They would still appear to be windows. Sargent showed drawings of the proposed site plan. They do not want the public to see directly into the storage areas. Staff recommended the plan be approved requiring specific windows to be opaque. City Council meeting minutes Monday, March 12, 2012 Page 4 of 9 Nawrocki listed several businesses that do not enter onto Central Avenue. He asked if there are arrangements to have a bus stop on this corner. Sargent stated that would be a Met Transit decision. Nawrocki indicated that the bench should stay. Schmitt questioned the lack of windows. Sargent listed the Design Guidelines and stated the Planning and Zoning Commission's (P &Z) concern that the majority of windows be transparent. Schmitt recommended this be discussed the next time the Design Guidelines are reviewed. She referred to other businesses and window types. Williams stated the bus stop will not be affected by this business. Sargent stated he would contact Metro Transit. Schmitt stated that the new bus shelters kiosks will be much smaller than we now have on Central Avenue. Nawrocki urged that we pursue the matter of a bus shelter. Schmitt indicated that we would be required to pay for it. Nawrocki disagreed. Wendy Stoes, 3711 Van Buren #4, spoke of screening the property and indicated the exits would be right into the residential area. She requested privacy be considered on the alley side of the plan. She indicated that the bus bench is used. Peterson stated that privacy fences can collect debris and begin decaying within a year. He stated that plantings would be preferred. This is a commercial establishment and we want it to be successful. It is unfortunate that Central Avenue lots are shallow. Stoes asked if two exits on the alley are required. Sargent stated the site plan is what the owner feels is the best fit for the property. Our ordinance does not limit the number of exits. Mark Wold, Zimmerman MN and representing O'Reilly Auto, stated if the City requests a fence they would put one in, but it will not hold up. The exits were arranged for the maximum amount of parking. The trash container would be at the back exit. Wold gave the history of this request, beginning with the EDA meeting. He stated that the windows need to be opaque, as most of the inventory is stored auto parts. He suggested possibly designing one corner of the building on Central Avenue with windows showing a small display. Diehm requested to hear what others present thought. Nawrocki questioned space available for a bus shelter. He suggested the Public Works Director speak to the MTC about a shelter for this area. Jim King, 3717 Van Buren, stated he was excited to see this development and agreed that fences are not always the best and are a maintenance problem. A vinyl fence would be low maintenance, but the residential area is higher than the commercial area and a six foot fence would not be enough. Tall pines would begin at six feet and grow taller. He suggested more pine trees. Bill Janeck, 3713 Van Buren, stated he wants a fence on the alley. He felt the back of the building on Central Avenue would not be attractive. He read the definition of "screen ". It should not have an opening. Chris Little, 5502 Lomianki Lane and previous property owner, stated that O'Reilly's has put a lot of thought into this plan. The lot is only 109 feet wide. This requires a shared alley. You need an entrance for delivery, making a contiguous barrier impossible. They are placing the building 10 City Council meeting minutes Monday, March 12, 2012 Page 5 of 9 where the Design Guidelines require it be. It would not make sense to have delivery trucks back out on to Central Avenue. Wold stated there will only be one 38 foot truck delivering daily, six days a week. Tim Garner, District Manager, stated deliveries are done half during the afternoon and half are during the evening. Nawrocki asked where deliveries are made. Wold stated deliveries will be made on the north side through an overhead door. It is not a loading dock. Nawrocki asked where the three houses of the concerned residents were located. Diehm pointed them out. Sargent indicated there are non - coniferous trees that could be changed to coniferous to help with screening. Peterson stated it is commercial property that will pay commercial taxes and they have the right to use the alley. He pointed out residential cars improperly parked in the alley. Everyone has the right to use their property, but we all need to get along. They have put in three fronts to make this building look good. Nawrocki referred to the telephone pole in the picture. Wold stated that pole would be moved. Motion by Diehm, second by Williams, to close the public hearing and waive the reading of Resolution 2012 -025, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012 -025, approving the Site Plan for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3700 Central Avenue, subject to the conditions outlined in Resolution No. 2012 -025. Diehm asked if the applicant had concerns about the residents request to provide trees with year round screening. Wold stated they have no objections. He requested to work with staff to make the windows on the east side non - transparent with transparent windows on the east corner. He stated that they would all be windows. Sargent stated concern that this would require the plan be brought back to P &Z. Jim Hoeft, City Attorney stated this resolution requires the windows be transparent and it should state a percentage of window opacity. Sargent stated they are now meeting the 20 percent requirement. A change would require a general statement that it come back for staff approval. Diehm indicated the developer could work toward staff approval and if they have a concern they can appeal back to the Council. Schmitt referred to item #14 - sidewalk. Sargent stated this is a "super" sidewalk that is reinforced and would require replacement in kind. Schmitt questioned #15 — alley. The size does not refer to any increase. Sargent stated that the alley will be destroyed and it must be replaced in -kind. Diehm requested to add #17, indicating that the fmal landscape plan be subject to approval of the planning department, anticipating the addition of trees. Nawrocki requested to add that the developer work with Metro Transit to have a bus shelter as close to the building as possible. Peterson stated staff will work with them. Hoeft stated that we have no right to require a bus stop on private property. Sargent again showed the plan which If City Council meeting minutes Monday, March 12, 2012 Page 6 of 9 shows the State's property and that this is at the State's discretion. Nawrocki asked that we work with them. Hoeft indicated there are two amendments to the motion — condition #2 be reworded to indicate that the window requirements for the east elevation of the building would be subject to staff approval and add #17 that the final landscape plan would be subject to staff approval. Diehm and Schmitt indicated, as the maker and second of the motion, they are fine with the addition to Resolution No. 2012 -025 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. B. Adopt Resolution 2012 -026 being Resolution for the Approval of a Conditional Use Permit for a used auto sales facility located at 5009 University Avenue Sargent stated Gold Star Taxi occupies this space and requests the allowance to be a used car dealer. He wants to purchase vehicles to replace his taxies that he stores on a lot in NE Minneapolis. If he were to sell a vehicle from this property, it would be within the guidelines and would be inside of the building. The P &Z recommended approval on a 5 -0 vote. Nawrocki asked what is in the garage now. Sargent stated he was not aware of the current use.. Schmitt asked how many businesses in Columbia Heights have a car sales license. Sargent stated there was an amendment to used car lots, stating they need a Condition Use Permit (CUP) and must keep cars in an enclosed building. Since the amendment, there have been no new requests. There are a few licenses that were grandfathered in. Williams asked about the amended ordinance limitations. Sargent stated the ordinance requires a CUP and the vehicles must be in an enclosed building. Diehm stated that staff indicated this meets the requirements with the four conditions set forth. Nawrocki asked for verification that the space is actually available for vehicle storage. Motion by Diehm, second by Williams, to close the public hearing to waive the reading of Resolution 2012 -026, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012 -026, approving the Conditional Use Permit for a used auto sales facility located at 5009 University Avenue NE, subject to the conditions outlined in Resolution No. 2012 -026. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports ADMINISTRATIVE REPORTS Report of the City Manager W City Council meeting minutes Monday, March 12, 2012 Page 7 of 9 Fehst stated that the Library task force is meeting tonight for the first time. Nawrocki stated that he has received copies of the application of appointed members, but has not received copies of applicants not appointed. Nawrocki stated that he is still waiting for a liquor financial report. Fehst stated that Council member Nawrocki has received the summary information and additional information will be available at the end of this month. Nawrocki referred to the Police financial report given to Council. Do the police figures include the debt service for their building? Fehst stated that you can not compare the police report to liquor operations. Peterson stated that the Finance Director invited Council member Nawrocki to meet with him for an explanation. Nawrocki referred to receiving the October Park and Recreation Commission minutes at the last meeting. The Council should receive minutes as non - approved. Fehst stated that if there is information that needs to be acted on, non - approved minutes can be given to the Council for consideration before Council action. Nawrocki stated that the bus bench on 47th and Central Avenue has not been cleaned. Fehst stated there will be a trash basket placed there. He has asked the County Commissioner to make community service workers available to clean up Central. Fehst stated that we had attempted an Adopt -A -Park program, and he would like to reactivate this program. Williams stated he was at Heights Manor and they indicated they would like to participate in the Adopt a Park program. Report of the City Attorney — nothing to report CITIZENS FORUM Harold Hoium, 4200 3rd Street, stated concern that if the bus stop on 37th and Central was moved near the building cars would back up behind the bus. He also stated concern that the pedestrian signal on 40th and Central should have signage warning that people are crossing so the people crossing do not get stuck in the median. Peterson stated "Don't forget our service men and women; keep them in your thoughts and prayers. Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:07 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2012-025 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRCTION OF AN O'REILLY AUTO PARTS STORE LOCATED AT 3700 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MN WHEREAS, a proposal (Case #2012 -0302) has been submitted by O'Reilly Auto Parts Store, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS. 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 7,500 square foot auto parts store located at 3700 Central Avenue NE. Wl City Council meeting minutes Monday, March 12, 2012 Page 8 of 9 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan 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 site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of- way. 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 yew ° after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The final design of the windows on the East elevation shall be subject to final approval by City staff. 3. Three sides of the dumpster enclosure must be constructed of masonry- and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge (SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right -of -Way (ROW) shall be by 4 inches of topsoil /sodding. 9. Catch basin inlet protection shall be provided on 37"' Avenue. 10. All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11. All work within the Public ROW shall be inspected by the City Engineering Department. 24 -hour advanced notice of an inspection is required. 12. The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. 13. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue 14. The concrete sidewalk on Central Avenue was a special design, which included a 6 -inch thickness with 1/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15. If disturbed during construction, the existing concrete alley shall be restored in -kind, full width, joint to joint, and shall meet City requirements. 16. It is recommended to televise the existing sanitary sewer services to verify adequacy. 17 The landscape plan shall include coniferous trees along the alley to help screen the parking lot from neighboring residential properties. The final landscape plan shall be subject to City Staff approval. RESOLUTION NO. 2012-026 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GOLDSTAR TAXI TO ALLOW A USED CAR DEALERSHIP IN THE GENERAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0303) has been submitted by Nabil Ali to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: 14 City Council meeting minutes Monday, March 12, 2012 Page 9 of 9 ADDRESS. 5009 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(d), to allow a used car dealership in the GB, General Business District at 5009 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 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 pen-nit 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. All vehicles for sale on the property must be kept indoors at all times. 2. Outdoor vehicle display areas within the public right -of -way are prohibited. 3. The outdoor storage of inoperable, junk vehicles and /or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107 (C)(7). RESOLUTION NO. 2012-27 RESOLUTION AMENDING CITY ORDINANCE ARTICLE V, SECTION 5.505 (G) RELATING TO ON -SALE WINE LICENSE FEES WHEREAS, on January 9, 2012 the City Council approved Ordinance amendments that allow the minimum seating capacity for on -sale wine licenses to be reduced from 75 to 25 seats; and WHEREAS, the City Council recognizes that small restaurants will have more limited wine sales: and WHEREAS, the City Council desires to attract and make smaller restaurants successful within the community; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the following on- sale wine license fee amendments be made to Article V, Section 5.505 (G). 1. On -sale wine license fees for restaurants ranging from 25 to 74 seats be set at $1,200 2. On —sale wine license fees for restaurants at or exceeding 75 seats be set at $2,000 15 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 1, 2012 Approved 3/7/12 The meeting was called to order by Chair Patricia Sowada, at 6:31 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. The minutes of the January 4, 2012 Board meeting were approved as amended. The bill list dated 1/1 1/12 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 1/18/12 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 1/25/12 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 2/1/12 was reviewed. Loader highlighted line items that varied from their budgeted amount. The bill list dated 1/11/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 1/18/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 1/25/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2012 accounting dated 2/1/12 was reviewed. Old Business: 1. The A/C controls are installed, but there has been difficulty regulating temperature in the lower level. Tim Barnes, Facilities Maintenance Supervisor, is working on the problem. The Boardroom has been painted. 2. Twenty -one applications for the Task Force were received and are being reviewed. The Mayor will make a recommendation to the City Council in February. The Board discussed the set -up and meeting procedure for the Task Force. 3. Sowada extended a special thanks to the Board for coining to the strategic planning meeting and stated how impressed she was with the meeting's progress. The Board reviewed the strategic planning meeting record and the draft proposals. Once the planning is completed, the changes and the plan will be approved at an official meeting. The Board scheduled the next strategic planning work session for February 29a' at 6:30 p.m. 4. Training continues with the newly hired Page and Aide. Loader will meet with the new employees on February 3rd to go over scheduling and review training. The regular schedule for all staff, including the approved addition of 2 hours to the Library Clerk schedule, will begin on February 6`' 5. Changes are being made to the Citizens' Academy agenda based on feedback from participants. Board members will begin and end the Library portion of the program, and Foundation and Friends members will be available for questions. A PowerPoint presentation will run in the background while Hendren and Kelly Olson, Children's Clerk, will take pictures and assist where needed. Loader, Dougherty, and Xiong have prepared the presentation for participants. 1101 New Business: 1. The December crossover statistics were reviewed by the Board. Loader thanked Sherry Oaks, ACL, for preparing these statistics. 2. The Board reviewed the Unique Management Status Report for December and was notified that the Library currently has a single patron owing nearly $3000. Items from the Floor: 1. Sowada presented to the Board two articles from the Star Tribune. The first concerns the difficulties patrons are having with One - Click, the provider of our audiobook service. The second article was about Marlene Moulton- Janssen, ACL Director. 2. Loader notified the Board that the Friends of the Library will again sponsor Love Your Library month in March and are meeting on February 6`" to plan the event. 3. Loader was recently approached by Eric Brown from Contegrity Group, who has offered to donate his time to the Task Force concerning construction costs. 4. Loader notified the Board of a potential personal conflict with the April meeting. Renee Dougherty, Adult Services Librarian, will run the meeting in her possible absence. There being no further business, the meeting was adjourned at 7:35 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 17 Meeting of March 26, 2012 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: RESOLUTION 2012 -024 BY: K. Hansen BY: AUTHORIZING APPLICATION TO THE MN DATE: 3/21/2012 DATE: DNR FOR A LOCAL TRAIL GRANT Background: In 2012 the Minnesota Department of Natural Resources will continue its local initiatives and have grant programs available, barring further funding cuts. As part of the DNR application requirements, the DNR requires that cities applying for grants provide a resolution supporting the application and naming an authorized official to act on the city's behalf. The same resolution for grant applications was approved by the council in 1999, 2000, 2001, and 2010, and was not placed on a work session by staff, considering it routine in nature. Analysis /Conclusions: The attached resolution provides for the City to submit for such funding and specifically names the Director of Public Works as the primary contact for the program. After review by the City Public Works department, it is proposed to submit applications for the following project: ❖ Hart Boulevard between 37th and 39"' Avenues, and ❖ 39b Avenue between Hart Boulevard and Cleveland Street The routing is consistent with the City's Pedestrian and Bicycle Mobility Plan. The grant eligible projects were developed from the 2010 Zone 5 work. All grants are matching, in that 75% of the eligible costs, up to the individual program maximum grant amount, may be reimbursed. The city's share of the matching grant funding would be a combination of Developer contributions, Park Development Funds and in -kind services (where possible) by Public Works personnel. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2012 -024, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2012 -024 being a Resolution authorizing the Public Works Director to submit an application to the Department ofNatural Resources Local Trail Program for eligible funds for trail improvements and designating the Director of Public Works as the primary contact for the program. Attachment: Resolution 2012 -024 COUNCIL ACTION: RESOLUTION 2012 -024 SUPPORTING RESOLUTION APPLICATION AN, ACCEPTANCE TO DEVELOP THE PROPOSED TRAIL PROJECT WHEREAS, the City Council of Columbia Heights supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct 1,000 feet of paved trail known as the Hart Lake Trail from 37th Avenue to 39th Avenue along the west side of Hart Boulevard, and to construct 200 feet of paved trail known as the 39th Avenue Trail along the south side of 39th Avenue between Hart Boulevard and Cleveland Street. The trail system is located adjacent to Hart Lake and will connect 37th Avenue to Prestemon Park, and WHEREAS, the City of Columbia Heights has a Development Agreement to received payment from the Lighthouse of Columbia Heights Development for the purpose of developing the Hart Lake Trail, that will be of immediate benefit to the residents of this assisted living establishment, and WHEREAS, the City of Columbia Heights is committed to promoting active living and healthy lifestyles among residents of the City of Columbia Heights and is consistent with the City's Pedestrian and Bicycle Mobility Plan. NOW, THEREFORE, BE IT RESOLVED, if the City of Columbia Heights is awarded a grant by the Minnesota Department of Natural Resources, the City of Columbia Heights agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above - referenced project. The City of Columbia Heights will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Columbia Heights names the fiscal agent for the City of Columbia Heights for this project as: Joseph Kloiber Finance Director City of Columbia Heights 59040 th Avenue NE Columbia Heights, MN 55421 BE IT FURTHER RESOLVED, the City of Columbia Heights hereby assures the above trail will be maintained for a period of no less than 20 years. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby authorized to apply for and execute such agreements as are necessary to implement those projects receiving DNR Local Trail Connection Grant Funding on behalf of the City. Passed this 26th day of March, 2012 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk CITY OF COLUMBIA HEIGHTS 19 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of: March 26, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: MISSISSIPPI WATERSHED BY: Kevin Hansen BY: MANAGEMENT ORGANIZATION — JOINT DATE: March 19, 2012 DATE: POWERS AGREEMENT (JPA) Background: The Six Cities Watershed Management Organization (SCWMO) was officially dissolved in 2011. The City of Columbia Heights subsequently requested that the Mississippi Water Management Organization (MWMO) extend its boundaries to include the land area in Columbia Heights that was formally in the SCWMO, via resolution. The City of Fridley has done the same in 2011. Analysis /Conclusions: The Mississippi Watershed Management Organization boundaries include the Mississippi River as it runs through Minneapolis, as well as the land that drains to the river. The MWMO contains portions of the cities of Lauderdale, Minneapolis, St. Anthony, St. Paul, and the Minneapolis Park and Recreation Board. The WMO operates under a JPA, similar to the SCWMO, but is the only WMO in the State that has taxing authority, similar to a Watershed District (WD). A boundary extension requires the MWMO to amend its JPA for the purpose of inclusion of the respective portion of the City of Columbia Heights, as well as Hilltop and Fridley. Staff has been meeting with the MWMO staff to review the JPA. The updated JPA was distributed by the MWMO in January (attached letter) and has now been reviewed by the City Attorney and is herein presented to the Council for review and consideration. The following comments or issues are highlighted: • Article III - Changing from a 5 to 7 member board. One additional from Columbia Heights and Hilltop and one from Fridley. • Article V — MWMO provides project funding equitably among members based on member contributions. • Article VII — JPA duration is 20 years or until 2031. It should be noted that BSWR requires the WMO to review and update its plan every 10 years. It should also be noted that no provision for opting out is provided. The MWMO Executive Director, Doug Snyder, advised that this change would not be considered. Finally, the dissolution (of the WMO) distribution language has been modified, but this is acceptable as well. The City of Fridley approved the JPA at their March 12, 2012 regular meeting. As a reminder, the tax impact for the Mississippi WMO for a median home value of $150,000 would add $29.07 annually to the property taxes (using 2010 data). Recommended Motion: Move to waive the reading of Resolution 2012 -028, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -028 being a resolution approving the Joint Powers Agreement and officially designating the City of Columbia Heights' membership in the Mississippi Water Management Organization. Attachments: Resolution 2012 -028 MWMO letter dated 1/25/2012 Area MAP MWMO JPA (redline and clean versions attached) COUNCIL ACTION: 20 RESOLUTION 2012 -028 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATON WHEREAS, the cities of Minneapolis, St. Paul, Lauderdale, and St. Anthony Village and the Minneapolis Park and Recreation Board are parties to a joint powers agreement entitled Joint and Cooperative Agreement for the Mississippi Watershed Management Organization (the "Agreement "); and WHEREAS, the Agreement provides for the creation of a watershed management organization pursuant to, and in accordance with Minnesota Statutes, Sections 10313.201 to 10313.253 (the "Mississippi Watershed Management Organization" or "MWMO "); and WHEREAS, the cities of Columbia Heights, Fridley, and Hilltop wish to join the MWMO; and WHEREAS, the current parties to the Agreement are willing to accept the cities of Columbia Heights, Fridley, and Hilltop as members of the MWMO, incorporating into the territory of MWMO those parts of the cities of Columbia Heights, Fridley, and Hilltop located south of the boundary of the Rice Creek Watershed District that were formerly included within the jurisdiction of the Six Cities Watershed Management Organization; and WHEREAS, the parties have proposed an amended joint powers agreement that would include, in addition to the original members of the MWMO, the cities of Columbia Heights, Fridley, and Hilltop (the "Amended Agreement); and WHEREAS, the City Council has determined that approving the Amended Agreement is reasonable, prudent, and in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: I . The Amended Agreement is approved and the Mayor and City Manager are authorized and directed to execute the Amended Agreement. 2. Upon completion of Appendix A of the Amended Agreement, which is the legal description of the jurisdictional area of the N1WMO, including those parts of the cities of Columbia Heights, Fridley, and Hilltop located south of the boundary of the Rice Creek Watershed District that were formerly included in the jurisdictional area of the Six Cities Watershed Management Organization, the City Clerk is directed to deliver a copy of the executed Amended Agreement to the Executive Director of the MWMO together with a certified copy of this resolution. Passed this 26th day of March, 2012 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk 21 CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson The Middle Mississippi River Watershed Management Organization (DBA Mississippi con wr ss oue s. Watershed Management Organization / MWMO) is asking each of its current members and potential new members to review and approve the updated Joint and Cooperative aude °case Agreement (hereafter "agreement ") for the organization. We request each member -Car (,n C n- Gerbig organization return a signed resolution by the end of April 15, 2012 to the MWMO to ensure that a levy for 2013 may be generated over the new area covered by the agreement. Diane Hrrstede P.1 nneepclis Attached you will find copies of the agreement with and without strikeouts and -�eue °.ion Boa�c underlines, maps of the existing and new areas, a draft legal description, and a copy of the scntt l eeiard by -laws with strikeouts - for information purposes only. spin-: r. �thorr Jerrj i aust The changes to the agreement result from a request by the cities of Columbia Heights, Fridley, and Hilltop to enter into the agreement with current members because the Six Matt ! pss Cities IX'MO has dissolved. The current agreement has been in effect since 2011. The five current members are the cities of Lauderdale, Minneapolis, Saint Anthony Village, and Saint Paul and the Minneapolis Park & Recreation Board. Each member must review and reauthorize the agreement for the watershed to move the agreement forward for final approval. A resolution has been provided for this purpose. There is no new fiscal impact to existing members The levy provides the MWMO with all its administrative and program and project funds. Since 2002, the watershed has contributed more than $18,000,000 to capital projects and programs with its members. The M `MO has not requested its members to contribute to the operating budget (Article V, Subd. 1 of the agreement) since 2001, when the MWMO first began use of its levy under the authority of Minnesota Statutes, Sections 275.066 (21), 103B.211 and 103B.241. Therefore, this section of the agreement has been removed. W The remaining changes In the agreement result from moving from a five- to seven - member board, adding the area to the legal description, and updating citations. I am available to attend committee or council meetings, as needed, to help move the review through each member's agreement authorization process. Please contact me or Mr. LeFevere with any questions you may have regarding the documents. Thank you for your assistance with this request. Sincerely, Douglas Snyder Executive Director Contact information Douglas Snyder, Executive Director MWMO 2522 Marshall Street NE Minneapolis, hIN 55418 -3329 (612) 465 -8780 ext 205 Office (612) 360 -7747 Mobile dsnyder @mwmo.org 23 Charlie LeFevere, attorney Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 Office (612) 337 -9215 Direct clefevere@Kennedy-Graven.com rl Wj HILLTOP jL / | | / 247575v-56 CLL MDI 60-1 25 Table of Contents Membership Page 1 Article I Legal Purpose 2 Article II Definitions 3 Article III Board of Commissioners 5 Article IV Powers and Duties of the Board of Commissioners 7 Article V Budget and Financial Matters 11 Article VI Capital Projects 13 Article VII Duration 15 Article VIII Dissolution 16 Article IX Amendments 17 Article X Effective Date 18 Member Authorization 19 Legal Description Appendix A Watershed Boundaries Appendix B 247575v56 CLL MD 160-1 K101 Membership This Agreement entered into as of the date of execution by and among the following: Cities of Columbia Heights Fridley Hilltop Lauderdale Minneapolis St. Anthony Village Saint Paul, and the Minneapolis Park and Recreation Board for the establishment of a Watershed Management Organization. The aforementioned cities and the Minneapolis Park and Recreation Board shall hereinafter be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.253 and WHEREAS, the Members desire to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.24253; NOW THEREFORE, the parties to this Agreement do mutually agree as follows: 247575v-56 CLL MD 160-1 27 I Article I Legal Purpose The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle Mississippi River Watershed Management Organization of January 1997, the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of January 2002, and the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of May 2011. The purpose of the Mississippi Watershed Management Organization, as provided for in this Agreement, is to provide for the wise, long -term management of water and associated land resources within the watershed through implementation measures that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Mississippi Watershed Management Organization seeks to: (a) protect, enhance, and restore the quality and quantity of surface and ground water resources within the Mississippi Watershed Management Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage and retention systems; (c) efficiently utilize public capital expenditures needed to correct and control flooding and water quality problems; (d) identify and plan for means to use protect and improve surface and ground water quality; (e) establish more uniform local policies and official controls for surface and ground water management; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management programs. A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the boundaries of the Mississippi Watershed Management Organization are included pursuant to Minnesota Rules 0;8410.0030, Subpart l .B a a Ap dft i*v A und-B- s c vts . ? � g� p�° u y' x saaa.� 247575v36 CLL MD 160-1 i 2 247575v-56 CLL MD 160-1 w Article II i $ 11- For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" i- smeans the Mississippi Watershed Management Organization. Subdivision 2: "Commission" sha fleamneans the governing body of the Organization and shall consist of a Commissioner or Alternate from each of its Members. Subdivision 3: "Commissioner" r,. a ie means any person appointed to the Commission by each Member's governing body, or in the Commissioner's absence, the Alternate. Subdivision 4: "Alternate" 1- means any person appointed to the Commission by each Member's governing body to represent the Member in the absence of the Commissioner. Subdivision 5: "Council" &> t11 ff mneans the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 6: "Member" or "Member Community" shft4-iiieaiimeans any city, county, or special purpose government entity within the watershed that enters into this Agreement. Subdivision 7: "Agreement" ha4 Hwe- means this Agreement. Subdivision 8: "Plan" r1 a1, m ^r neans the Watershed Management Plan adopted by the Mississippi Watershed Management Organization. Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped 247575v-56 CLL MD160 -1 u 4 areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal description identified in Appendix A. Subdivision 10: "Act" ��mmeans the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 10313.201 to 10313.22-54 -253. Subdivision 11: "Budget" means a statement of the expected income and expenses of the Organization for each Year. The Commission may divide the Budget into an Administrative Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other administrative expenses, and a Programs and Projects Budget, covering the programs and projects of the Organization, including capital projects. Subdivision 12: "Capital Improvement Project" sha nea ,weans a physical improvement project required by the Act to be included in the capital improvements program of the Plan. Subdivision 13: "Majority" U'ha be def ned aUmeans greater than half of the quorum. Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit with a drainage area whosethe boundaries of which include all the land area draining to a point. Subdivision 15: "Year" sha4-m ears from January 1 to December 31. Subdivision 16: "Quorum" s . +new neans the number of Commissioners or Alternates required to be present for business to be legally transacted. This number shall be any number that is greater than half of the Members. Any number less than a quorum may adjourn a scheduled meeting. Subdivisoin IT "Executive Director" means the Organization's administrator appointed by the *T41 • *a of 247575v§6 CLL MD 160-1 31 5 Board of Commissioners Subdivision 1: The governing body of the Organization shall be its Commission, which shall consist of 4veseven ( -57) voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes, Section 10313.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (15) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council that appointed or had the right to appoint the Commissioner. The With the exception of the City of Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the Member to the Commission. The Council of the City of Columbia Heights, after consultation with the Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of Columbia Heights and Hilltop. Each Commissioner shall serve until his or her successor is appointed. Subdivision 2: A Commissioner may not be removed from the Commission except for just cause by the Council that made the appointment. Subdivision 3: Member Councils may select and appoint alternates to the Commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Alternate may vote and act in the Commissioner's place. The Alternate shall serve a term concurrent with the Member's Commissioner. Subdivision 4: Each Member's Council shall, within thirty (30) days of appointment, file with the Executive Director of the Commission a record of the appointment of its Commissioner and Alternate. The Organization shall notify the Board of Water and Soil Resources of Member appointments and vacancies within thirty (30) days after receiving notice from the Member. 247575v-56 CLL MD 160-1 32 0 Subdivision 5: In accordance with Minnesota Statutes, Section 10313.227, the Council of each Member shall determine the eligibility and qualifications of its Commissioner and Alternate. However, the term of each Commissioner shall be the calendar year. Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter 13D. Subdivision 8. The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regular or special meeting of the Commission provided that a ten (10) day prior notice of the proposed amendment has been furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent. Subdivision 9: The Commission may create such committees, task forces or working groups as needed to accomplish its mission. Subdivision 10: The commission may set such compensation for its Commissioners as it deems appropriate, provided such compensation does not exceed the compensation allowed for managers of watershed districts under Minnesota Statutes, Section 103D.315, subd. 8. However, no member's Council is prevented from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. 247575056 CLL MD160 -1 33 7 Subdivision 1: The Commission shall employ -h an Executive Director and may delegate to the Executive Director any power or authority that may be delegated to a city manager in a Minnesota Plan B statutory city The Commission shall employ such other persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may also incur expenses and expenditures necessary and incidental to the effectuation and /or implementation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote of the quorum present. Subdivision 3: The Commission shall have an established Citizen Advisory Committee and Technical Advisory Committee to provide input and to serve in an advisory role. Subdivision 4: The Commission shall review and approve a Local Water Management Plan for each of its Member Communities as established under Minnesota Statutes, Chapter 103B. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement projects delineated in the Watershed Management Organization Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibility of proposed capital improvement projects with other existing policies, programs, and projects within the MWMO and across its boundaries. In particular, compatibility with neighborhood association and community council plans in the project area should be considered. An informal review should occur at least two months before the capital improvement project proposal is approved in the MWMO budget. 247575v-56 CLL MD 160-1 34 8 Subdivision 7: The Commission shall develop a comprehensive Watershed Management Or-gaiiizatieii Watefsh.ed Mann t Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and improvement of the watershed, and shall establish specific implementation strategies to realize these goals and policies. Subdivision 8: The Commission shall have the power to contract with any governmental unit, private or nonprofit association to accomplish the purposes for which it is organized. Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans, money or other property from the United States, the State of Minnesota, a unit of government or any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses /fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 10: The Commission may establish and maintain devices for acquiring and recording hydrologic and water quality data within the watershed. Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem necessary for the protection of the Organization. Subdivision 12: The Commission shall have the authority to invite governmental entities within the area of the watershed to join the Organization. Furthermore, any governmental entities within the area of the watershed may petition for membership in the Organization. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of filing by the last Council resolution approving the addition. As Members are added to the Organization, there shall be created one voting Commissioner. 9 247575vM CLL h1D160 -1 35 I Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to carry on its activities either with an individual Member or elsewhere. Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that the watershed is being polluted, the Commission may take appropriate action to alleviate the pollution including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with permission of the property owner, or when a search warrant for access to the property is not required. The Commission shall be liable for actual damages resulting therefrom, subject to the limitations of Minnesota . Statutes, Chapter 466. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Chaptef 4164-1-1.5 Section 466.05. In accordance with Minnesota Statutes, Section 471.59, Subd. la(b) the Organization is considered a single governmental unit and the total liability for the Members and the Organization shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or technical consultant services before retaining the services of a consultant or extending annual service agreements. 247575v36 CLL MD160 -1 m Subdivision 18: The Commission may designate one or more national or state bank or trust companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public �monles to act as depositories for the Organization's funds. No funds may be disbursed without the signature of two officers. The Treasurer shall be required to file with the Secretary of the Commission a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Commission. The Commission shall pay the premium on said bond. Subdivision 19: The Commission may acquire real or personal property, conduct programs and projects, and exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and to carry out the obligation of a watershed management organization under the Act. Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to the county auditor of each county having territory within the watershed. Taxes may be levied for any purpose authorized by the Act in accordance with procedures specified in the Act, and subject only to the limitations set forth in the Act and this Agreement. The Commission shall also have the authority to certify for payment by the counties all or any part of the cost of a capital improvement contained in the capital improvement program of the Plan, in accordance with Minnesota Statutes, Section 1038.251. 247575v36 CLL MD160 -1 37 11 Article V 111-MM, Subdivision 1: A proposed preliminary budget will be presented to the Commission at its Commission shall hold at least one public hearing on the proposed preliminary budget prior to adoption of the preliminary budget. At least 30 days' notice to Members and such other public notice as is directed by the Commission shall be given prior to the hearing. The Commission will hear all comments and objections to the proposed preliminary budget from any Member as well as comments from the public. The Commission may adopt the preliminary budget as proposed or modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a Subdivision 2: The Commission has the duty to make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a financial audit report or section that includes a balance sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and any additional statements considered necessary for full financial disclosure; and the status of all effl 1 Organization's projects and work within the watershed; copies of said report shall be transmitted to the clerk, or appropriate staff member of each Member's Council. 247575v-56 CLL MD 160-1 0 12 Subdivision Member- UN ... '... . ,.. . . . ... . . .. .. Agreement. The Commission will endeavor to equitably apportion the expenditure of Commission funds for projects and programs among the Members' jurisdictions, giving due regard to the financial contributions from tax levies within each Member's jurisdiction as well as the merit of each project and program according to criteria established in the Plan or approved by the Commission. 247575v-56 CLL MD 160-1 39 13 Article VI Capital Projects Subdivision 1: The Members recognize that on -going capital expenditures will be required to solve some of the water resource problems within the watershed. For the purposes of this Agreement, capital improvement projects are those determined necessary to implement the Organization's Capital Improvement Program, Subdivision 2: Capital Projects will be financed over the entire watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against the entire watershed. Subdivision 4: Approval of capital improvement projects shall require a majority vote of the quorum present and other such bodies as required by law. Capital improvement projects shall be financed in accordance with Minnesota Statutes, Chapters 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes, Section 10313.205 SubdivisiiaiiSubd, 3 as part of the Watershed Management Plan. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management n ,ga —, ff) z�r�, +She ��a ag°N r *Plan is amended to include such projects. Implementation of the Capital Improvement Program will begin upon adoption of the ,A, + 1 a R r �, Watershed Management Plan subject to the availability of funding. Subdivision 6: All capital improvement projects need to be listed in the Watershed Management Plan. 247575v56 CLL MD 160-1 W 14 Subdivision 7: Funding for any and all capital improvement projects may only occur if the project(s) is in the approved capital budget. Subdivision 8: If a Member is responsible for the completion of a capital project, the Organization's approved share of the project cost coming from its tax levy will be reimbursed to the Member from actual tax revenues received in a manner agreed to. The Member being reimbursed for project costs by the Organization shall agree to be responsible for providing any requested documentation of costs requested by the Organization or its auditors. 247575v36 CLL MD 160-1 E 15 Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may be continued thereafter upon the agreement of all Members. 247575v36 CLL MD 160-1 M 16 Article VIII i i Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Commission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If, within 90 days of the date the notice was given, a majority of Members' Councils has ratified said resolution; then the Organization shall be dissolved and this Agreement shall be terminated. the Organization in the preceding full calendar year 247575v36 CLL MD160 -1 43 17 Article I Any Member may recommend to the Commission amendments to this Agreement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment shall be the date on which the last Member's Council ratifies the amendment and is filed with the Executive Director of the 247575v36 CLL MD160 -1 44 18 /_•PTO:/ Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Executive Director of the Commission. The effective date of the Agreement shall be the date on which the last Member to ratify files its resolution of ratification. Upon adoption of this Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil Resources a copy of the Members" ratification resolutions and a copy of the signed Agreement. IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. 247575v-56 CLL MD 160-1 45 m- Attest: m Gary Peterson, Mayor Walt Fehst, City Manager 247575v-5-6 CLL MD 160-1 Dated: 20 Dated: , 20 46 20 390VASIM I'm Attest: Scott Lund, Mayor Debra Skogen, City Clerk 247575v--'-6 CLL MD 160-1 Dated: 20 Dated: 20 47 PAI mmI i1 USE Attest: Ruth Nelsen, City Clerk 247575v-,')6CLL MD160-1 Dated: , 20 Dated: .20 a.*] 22 City of Lauderdale RIN Attest: Jeffrey Dains, Mayor Heather Butkowski, City Administrator 247575v36 CLL MDI60 -1 Dated: , 20 Dated: 20 49 23 City of Minneapolis By: R.T. Rybak, Mayor Attest: City Clerk Countersigned: Finance Officer Approved as to Form By: Assistant City Attorney 247575v-56 CLL MD 160-1 Dated: , 20 Dated: .20 Dated: 20 Dated: , 20 611J 24 City of St. Anthony Village By: Dated: , 20 Jerry Faust, Mayor Attest: Dated: , 20 Michael Mornson, City Manager 247575v -6 CLL MD160 -1 51 25 City of Saint Paul Chris Coleman, Mayor Dated: , 20 Attest: Dated: , 20 Director of Finance and Management Service Approved as to Form LO Reyne Rofuth Assistant City Attorney 247575v-56 CLL MD160 -1 Dated: 20 52 26 Minneapolis Park and Recreation Board Attest: John Irwin, President MPRB Don Siggelkow, Board Secretary Approved as to Form, Legality, and Execution MPRB Attorney 247575v-56 CLL MD 160-1 53 Dated: , 20 Dated: , 20 Dated: 20 27 Appendix A: Legal Description 247575v36 CLL MD160 -1 6*1 Appendix B: Mississippi Watershed Management Organization Map CLL- 247575v2 MD160 -1 247575v3b CLL MD160 -1 55 Document comparison by Workshare Professional on Tuesday, January 03, 2012 1:35:02 PM Input: Document 1 ID PowerDocs:HDOCSOPEN/24757515 Description DOCSOPEN-#247575-v5- Deletions Joint—&—Cooperative Agt;_MD160-1 Document 2 ID PowerDocs:HDOCSOPEN/247575/7 Description DOCSOPEN-#247575-v7- lJoint & Cooperative Agt;__MD160-1 Rendering set IStandard 01 Legend: Insertion Dele6efi N4eved-fi�am Moved to Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 86 Deletions 69 Moved from 0 Moved to 0 Style change 0 Format changed 01 Total changes 155 M. 247575 CLL MD 160-1 City of Columbia Heights City of Fridley City of Hilltop City of Lauderdale City of Minneapolis City of St. Anthony Village City of Saint Paul Minneapolis Park and Recreation Board 57 2012 Table of Contents Page Membership I Article I Legal Purpose 2 Article II Definitions 3 Article III Board of Commissioners 5 Article IV Powers and Duties of the Board of Commissioners 7 Article V Budget and Financial Matters 11 Article VI Capital Projects 13 Article VII Duration 15 Article VIII Dissolution 16 Article IX Amendments 17 Article X Effective Date 18 Member Authorization 19 Legal Description Appendix A Watershed Boundaries Appendix B 247575 CLL MD 160-1 Membership This Agreement entered into as of the date of execution by and among the following: Cities of Columbia Heights Fridley Hilltop Lauderdale Minneapolis Saint Anthony Village Saint Paul, and the Minneapolis Park and Recreation Board for the establishment of a Watershed Management Organization. The aforementioned cities and the Minneapolis Park and Recreation Board shall hereinafter be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.253 and WHEREAS, the Members desire to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.253; NOW THEREFORE, the parties to this Agreement do mutually agree as follows: 247575 CLL MD160 -1 59 1 Article I Legal Purpose The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle Mississippi River Watershed Management Organization of January 1997, the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of January 2002, and the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of May 2011. The purpose of the Mississippi Watershed Management Organization, as provided for in this Agreement, is to provide for the wise, long -term management of water and associated land resources within the watershed through implementation measures that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Mississippi Watershed Management Organization seeks to: (a) protect, enhance, and restore the quality and quantity of surface and ground water resources within the Mississippi Watershed Management Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage and retention systems; (c) efficiently utilize public capital expenditures needed to correct and control flooding and water quality problems; (d) identify and plan for means to use protect and improve surface and ground water quality; (e) establish more uniform local policies and official controls for surface and ground water management; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management programs. A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the boundaries of the Mississippi Watershed Management Organization are included pursuant to Minnesota Rules 8410.0030, Subpart I.B. 247575 CLL MD160 -1 •/ 2 Article II Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" means the Mississippi Watershed Management Organization. Subdivision 2: "Commission" means the governing body of the Organization and shall consist of a Commissioner or Alternate from each of its Members. Subdivision 3: "Commissioner" means any person appointed to the Commission by each Member's governing body, or in the Commissioner's absence, the Alternate. Subdivision 4: "Alternate" means any person appointed to the Commission by each Member's governing body to represent the Member in the absence of the Commissioner. Subdivision 5: "Council" means the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 6: "Member" or "Member Community" means any city, county, or special purpose government entity within the watershed that enters into this Agreement. Subdivision 7: "Agreement" means this Agreement. Subdivision 8: "Plan" means the Watershed Management Plan adopted by the Mississippi Watershed Management Organization. Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped 247575 CLL MD 160-1 61 9 areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal description identified in Appendix A. Subdivision 10: "Act" means the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 10313.201 to 103B.253. Subdivision 11: "Budget" means a statement of the expected income and expenses of the Organization for each Year. The Commission may divide the Budget into an Administrative Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other administrative expenses, and a Programs and Projects Budget, covering the programs and projects of the Organization, including capital projects. Subdivision 12: "Capital Improvement Project" means a physical improvement project required by the Act to be included in the capital improvements program of the Plan. Subdivision 13: "Majority" means greater than half of the quorum. Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit with a drainage area the boundaries of which include all the land area draining to a point. Subdivision 15: "Year" means from January 1 to December 31. Subdivision 16: "Quorum" means the number of Commissioners or Alternates required to be present for business to be legally transacted. This number shall be any number that is greater than half of the Members. Any number less than a quorum may adjourn a scheduled meeting. Subdivisoin 17: "Executive Director" means the Organization's administrator appointed by the Commission. 247575 CLL MD160 -1 62 4 Article III Board of Commissioners Subdivision 1: The governing body of the Organization shall be its Commission, which shall consist of seven (7) voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes, Section 10313.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (15) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council that appointed or had the right to appoint the Commissioner. With the exception of the City of Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the Member to the Commission. The Council of the City of Columbia Heights, after consultation with the Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of Columbia Heights and Hilltop. Each Commissioner shall serve until his or her successor is appointed. Subdivision 2: A Commissioner may not be removed from the Commission except for just cause by the Council that made the appointment. Subdivision 3: Member Councils may select and appoint alternates to the Commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Alternate may vote and act in the Commissioner's place. The Alternate shall serve a term concurrent with the Member's Commissioner. Subdivision 4: Each Member's Council shall, within thirty (30) days of appointment, file with the Executive Director of the Commission a record of the appointment of its Commissioner and Alternate. The Organization shall notify the Board of Water and Soil Resources of Member appointments and vacancies within thirty (30) days after receiving notice from the Member. 247575 CLL MD160 -1 63 5 Subdivision 5: In accordance with Minnesota Statutes, Section 10313.227, the Council of each Member shall determine the eligibility and qualifications of its Commissioner and Alternate. However, the term of each Commissioner shall be the calendar year. Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter 13D. Subdivision 7: At the first meeting of the Commission and each calendar year thereafter, the Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regular or special meeting of the Commission provided that a ten (10) day prior notice of the proposed amendment has been furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent. Subdivision 9: The Commission may create such committees, task forces or working groups as needed to accomplish its mission. Subdivision 10: The commission may set such compensation for its Commissioners as it deems appropriate, provided such compensation does not exceed the compensation allowed for managers of watershed districts under Minnesota Statutes, Section 103D.315, subd. 8. However, no member's Council is prevented from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. 247575 CLL MD160 -I •, 2 Article IV Powers and Duties of the Board of Commissioners Subdivision 1: The Commission shall employ an Executive Director and may delegate to the Executive Director any power or authority that may be delegated to a city manager in a Minnesota Plan B statutory city. The Commission shall employ such other persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may also incur expenses and expenditures necessary and incidental to the effectuation and /or implementation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote of the quorum present. Subdivision 3: The Commission shall have an established Citizen Advisory Committee and Technical Advisory Committee to provide input and to serve in an advisory role. Subdivision 4: The Commission shall review and approve a Local Water Management Plan for each of its Member Communities as established under Minnesota Statutes, Chapter 10313. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement projects delineated in the Watershed Management Organization Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 5: The Commission shall make a reasonable attempt to assess the compatibility of proposed capital improvement projects with other existing policies, programs, and projects within the MWMO and across its boundaries. In particular, compatibility with neighborhood association and community council plans in the project area should be considered. An informal review should occur at least two months before the capital improvement project proposal is approved in the MWMO budget. 247575 CLL MD160 -1 65 7 Subdivision 7: The Commission shall develop a comprehensive Watershed Management Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and improvement of the watershed, and shall establish specific implementation strategies to realize these goals and policies. Subdivision 8: The Commission shall have the power to contract with any governmental unit, private or nonprofit association to accomplish the purposes for which it is organized Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans, money or other property from the United States, the State of Minnesota, a unit of government or any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses /fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 10: The Commission may establish and maintain devices for acquiring and recording hydrologic and water quality data within the watershed. Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem necessary for the protection of the Organization. Subdivision 12: The Commission shall have the authority to invite governmental entities within the area of the watershed to join the Organization. Furthermore, any governmental entities within the area of the watershed may petition for membership in the Organization. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of filing by the last Council resolution approving the addition. As Members are added to the Organization, there shall be created one voting Commissioner. Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to carry on its activities either with an individual Member or elsewhere. 247575 CLL MD160 -1 M. 8 Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that the watershed is being polluted, the Commission may take appropriate action to alleviate the pollution including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with permission of the property owner, or when a search warrant for access to the property is not required. The Commission shall be liable for actual damages resulting therefrom, subject to the limitations of Minnesota Statutes, Chapter 466. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Section 466.05. In accordance with Minnesota Statutes, Section 471.59, Subd. la(b) the Organization is considered a single governmental unit and the total liability for the Members and the Organization shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or technical consultant services before retaining the services of a consultant or extending annual service agreements. Subdivision 18: The Commission may designate one or more national or state bank or trust companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public monies to act as depositories for the Organization's funds. No funds may be disbursed without the signature of two officers. The Treasurer shall be required to file with the Secretary of the 247575 CLL MD160 -1 M 0 Commission a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Commission. The Commission shall pay the premium on said bond. Subdivision 19: The Commission may acquire real or personal property, conduct programs and projects, and exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and to carry out the obligation of a watershed management organization under the Act. Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to the county auditor of each county having territory within the watershed. Taxes may be levied for any purpose authorized by the Act in accordance with procedures specified in the Act, and subject only to the limitations set forth in the Act and this Agreement. The Commission shall also have the authority to certify for payment by the counties all or any part of the cost of a capital improvement contained in the capital improvement program of the Plan, in accordance with Minnesota Statutes, Section 103B.251. 247575 CLL h1D160 -1 •i 10 Article V Budget and Financial Matters Subdivision 1: A proposed preliminary budget will be presented to the Commission at its July meeting. The Commission shall hold at least one public hearing on the proposed preliminary budget prior to adoption of the preliminary budget. At least 30 days' notice to Members and such other public notice as is directed by the Commission shall be given prior to the hearing. The Commission will hear all comments and objections to the proposed preliminary budget from any Member as well as comments from the public. The Commission may adopt the preliminary budget as proposed or modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a proposed tax levy for the ensuing year on or before September 15 of each year. The preliminary budget shall then be certified by the Executive Director of the Organization on or before September 15 to the clerk of each Member's Council and each of the County Auditors. The Commission shall adopt a final budget and certify a tax levy to the Counties by December 31 of each year. Subdivision 2: The Commission has the duty to make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a financial audit report or section that includes a balance sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and any additional statements considered necessary for full financial disclosure; and the status of all Organization's projects and work within the watershed; copies of said report shall be transmitted to the clerk, or appropriate staff member of each Member's Council. Subdivision 3: Projects or other necessary expenditures that cannot be accomplished through the ad valorem tax levy shall be addressed by mutual agreement of the affected Members outside of this Agreement. The Commission will endeavor to equitably apportion the expenditure of Commission funds for projects and programs among the Members' jurisdictions, giving due regard to the financial 247575 CLL MD160 -1 �1 11 contributions from tax levies within each Member's jurisdiction as well as the merit of each project and program according to criteria established in the Plan or approved by the Commission. 247575 CLL MD 160-1 70 12 Article VI Capital Projects Subdivision -1: The Members recognize that on -going capital expenditures will be required to solve some of the water resource problems within the watershed. For the purposes of this Agreement, capital improvement projects are those determined necessary to implement the Organization's Capital Improvement Program. Subdivision 2: Capital Projects will be financed over the entire watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against the entire watershed. Subdivision 4: Approval of capital improvement projects shall require a majority vote of the quorum present and other such bodies as required by law. Capital improvement projects shall be financed in accordance with Minnesota Statutes, Chapters 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes, Section 10313.205 Subd. 3 as part of the Watershed Management Plan. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Plan is amended to include such projects. Implementation of the Capital Improvement Program will begin upon adoption of the Watershed Management Plan subject to the availability of funding. Subdivision 6: All capital improvement projects need to be listed in the Watershed Management Plan. 247575 CLL MD160 -1 71 13 Subdivision 7: Funding for any and all capital improvement projects may only occur if the project(s) is in the approved capital budget. Subdivision 8: If a Member is responsible for the completion of a capital project, the Organization's approved share of the project cost coming from its tax levy will be reimbursed to the Member from actual tax revenues received in a manner agreed to. The Member being reimbursed for project costs by the Organization shall agree to be responsible for providing any requested documentation of costs requested by the Organization or its auditors. 247575 CLL MD 160-1 72 14 Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may be continued thereafter upon the agreement of all Members. 247575 CLL NID160 -1 73 15 Article VIII Dissolution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Commission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If, within 90 days of the date the notice was given, a majority of Members' Councils has ratified said resolution; then the Organization shall be dissolved and this Agreement shall be terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all property. All property of the Organization shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible Members of the Commission as follows: assets shall be apportioned and distributed in the percentage of the tax levy within the jurisdiction of each Member received by the Organization in the preceding full calendar year. 247575 CLL MD 160-1 ffli 16 Article IX Amendments Any Member may recommend to the Commission amendments to this Agreement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment shall be the date on which the last Member's Council ratifies the amendment and is filed with the Executive Director of the Organization. 247575 CLL MD 160-1 75 17 Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Executive Director of the Commission. The effective date of the Agreement shall be the date on which the last Member to ratify files its resolution of ratification. Upon adoption of this Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil Resources a copy of the Members' ratification resolutions and a copy of the signed Agreement. IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 10313.211 and 471.59. 247575 CLL MD160 -1 of 18 City of Columbia Heights LO Attest: Gary Peterson, Mayor Walt Fehst, City Manager 247575 CLL MD160 -1 Dated: 20 Dated: .20 77 19 City of Fridley r Attest: Scott Lund, Mayor Debra Skogen, City Clerk 247575 CLL MD160 -1 Dated: 20 Dated: .20 EN 20 City of Hilltop By: Dated: , 20 Jerry Murphy, Mayor Attest: Dated: , 20_ Ruth Nelsen, City Clerk 247575 CLL MD160 -1 0 21 City of Lauderdale Attest: Jeffrey Dains, Mayor Heather Butkowski, City Administrator 247575 CLL MD160 -1 Dated: .20 Dated: , 20 i/ 22 City of Minneapolis By: R.T. Rybak, Mayor Attest: City Clerk Countersigned: Finance Officer Approved as to Form By: Assistant City Attorney 247575 CLL MD160 -1 Dated: 20 Dated: .20 Dated: 20 Dated: , 20 i 23 City of Sk Anthony Village LO Attest: Jerry Faust, Mayor Michael Mornson, City Manager 247575 CLL MDI60 -1 Dated: 20 Dated: .20 0 24 City of Saint Paul UIA Chris Coleman, Mayor Dated: 20 Attest: Dated: , 20 Director of Finance and Management Service Approved as to Form Reyne Rofuth Assistant City Attorney 247575 CLL MD160 -1 Dated: , 20 25 Minneapolis Park and Recreation Board LIM Attest: John Irwin, President MPRB Don Siggelkow, Board Secretary Approved as to Form, Legality, and Execution ROM MPRB Attorney 247575 CLL MD160 -1 Dated: , 20 Dated: , 20 Dated: 120 26 Appendix A: Legal Description 247575 CLL NID160 -1 ER Appendix B: Mississippi Watershed Management Organization Map CLL- 247575v2 MD160 -1 247575 CLL MD160 -1 0 Meeting of March 26, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY: Kevin Hansen BY: ITEM: CONSIDER IMPLEMENTING THE NATIONAL LEAGUE OF CITIES SERVICE DATE 03/20/2012 DATE: LINE WARRANTY PROGRAM Background: Following a League of Minnesota Cities meeting in 2011, Councilmember Schmitt obtained information published by the National League of Cities (NLC) offering a low cost protection program for property owners' sewer and water lines. The program is called NLC Service Line Warranty Program Detailed information on the program is available on the NLC website at the specific URL: h service -line- warranty The program is administered through Utility Service Partners, Inc. (USP) and is available to cities in almost all states, see attached two -page brochure. The program details were also discussed at the February 6th Work Session. Analysis /Conclusions: The program is advertised as a warranty, but is essentially an insurance policy that helps pay for private utility line repairs. The program costs between $4.50 -$5.50 a month (each), offers no deductible, and is capped at $4,000 each sewer and water service, per occurrence. There are no annual or lifetime caps for coverage. The Cities' involvement requires approving the attached agreement and reviewing /approving the Press Release, campaign letters and publications used in the City. USP entirely administers the program, including customer contacts, billing and arranging contractors when needed for repairs. A FAQ two -page brochure is also included that provides details on the Warranty Plan and implementation in the City. The City Manager and Public Works staff did meet with the USP regional account manager who explained the background and details of the program. Currently in the State of Minnesota, only the City of Buffalo has the program available. The program is available to residential property, and USP is currently working on extending the program to commercial or business properties. It should be noted that CenterPointe offers a protection service plan that also offers coverage for sewer drain emergency cleaning at $5.20 a month. Recommended Motion: Move to approve the Marketing Agreement with Utility Service Partners implementing the NLC Service Line Warranty Program in Columbia Heights, and authorizing the Mayor and City Manager to enter into an agreement with Utility Service Partners for the NLC Service Line Warranty Program. Attachment: USP Brochure USP FAQ USP Marketing Agreement dated March 21, 2012 COUNCIL ACTION: wwcjm=A 88 Bringing Solutions and Savings to Cities BUILDING PEACE OF MIND, ONE COMMUNITY AT A TIME The NLC Service line Warranty Program, administered by Utility Service Partners, Inc. (USP), is an affordable home protection solution for your residents offered at no cost to the city It helps city residents save thousands of dollars on the high cost of repairing broken or leaking water or sewer lines. The city also receives a share of the revenues collected. Residents, who have not set aside money to pay for an unexpected, expensive utility line repair, now have an opportunity to obtain a low -cost warranty that will pro- vide repairs for a low monthly fee, with no deductibles or service fees The work is performed by licensed, lo- cal plumbers who will call the customer within one hour of filing a claim. The repair is performed professionally and quickly, typically within 24 hours. USP provides a personally staffed 24/7 repair hotline for residents, 365 days a year. Ti ••i Once your city agrees to participate in the program, start up is simple The program is designed for a quick launch, taking up little of your city employees' valuable time. USP administers the program and is responsible for marketing, billing, customer service, and perform- ing all repairs to local code. To learn more about this program, visit NLC's website at www.nlc.org /enterpriseprograms or contact Denise Belser, Program Director, at belser @nlc org or (202) 626 -3028. Call your State League or NLC to sign up for the program This program is offered by Utilities Service Partners, Inc. (USP). USP is solely responsible for the implementation and operation of the ggram �. 1041111111016111 " • L414:731 The company was originally formed in 1998 within Columbia Energy to provide service line warranties for its utility customers USP was formed in September 2003 to purchase Columbia Service Partners from Columbia Energy. USP continues to expand the product offerings and grow the business through city and utility partnerships. USP is a proud member of the Better Business Bureau. ♦ M � M y. • a• R • • ,RR - - - The NLC Service Line Warranty Program will be introduced throughout the contiguous United States in phases over the next 18 months. Please see our National Roll -Out Schedule map for details regarding your state How are our citizens notified of the program? USP mails each resident a campaign letter which outlines the cities' endorsement, followed by a reminder letter two weeks later to ensure the highest response rate. USP only solicits through direct mail — no telemarketing is ever employed. All homeowners will have the option to enroll in the program, regardless of the age of their residence. USP desires to enter into a co- branded marketing services agreement with each city The agreement provides for the use of the city name /logo, in conjunction with USP's logo, on marketing materials sent to citizens. The city is endorsing USP as the service provider for the warranty program. When do you solicit residents? Through the years, we have found the optimal times to invite citizens to participate are in the Spring and Fall of each year Does NLC or USP sell or rent the personal information of residents that enroll in the program? No. Neither the NLC nor USP will sell or rent the names of prospective customers or participants. How much does the resident pay for this service? Each warranty is sold separately and the price range is generally between $4 and $5 a month per product. How much will residents save by using the warranty program? While costs for water line and sewer line repairs can vary, the average cost of repairing a broken water line or sewer line may range from $1,200 to over $3,500. Will this program cost the city any monel Not a cent. USP pays for all marketing materials and program administration. Furthermore, USP will pay the city a royalty for every resident that participates in the program! What benefit does the city receive from endorsing these programs? By endorsing the USP programs, the city is able to reduce residents' frustration over utility line failures by bringing them low -cost service options. 96% of survey respondents say that their image of the city is enhanced because the warranty program is offered as a service by the city. These programs also generate extra revenue for the city through the royalty that is paid by USP to the city Finally our programs help to stimulate the local economy. USP only uses local contractors to complete the repairs which helps to keep the dollars in the local community. RESPONSIBILITIES ••• -RR• • Utility Service Partners (USP) administers the program and is responsible for all aspects of the program including marketing, billing, customer service, and performing all repairs to local code. What are the city's responsibilities? We ask each city to work with USP to provide the following; 1) a copy of the city seal, if available, for the solicitation letterhead 2) the city's return address for outer envelope (this ensures a high "open- rate ") 3) the name, title and signature sample of the designated solicitation signor and 4) the appropriate zip codes of the city to allow USP to purchase a mailing list of the residents. Why does the city have to provide a city seal, address and signature? We have found that while the letter is written in such a manner as to leave no doubt that it is a USP program (the USP logo is on the enrollment form), the city address drives a very high "open- rate" and the city seal and signature lend credibility to the offer, thus driving a much higher enrollment rate. .E Will we get o lot of calls from citizens when they get the letter? A press release provided by USP and bsuo hz the first mailing will help alleviate citizen concerns, which ohook] nsoK in nominal calls hz city hall, How will citizens know what iscovered? All customers receive o set rf terms and conditions upon enrollment in o utility warranty program. They have 30 6ovs from the date of enrollment to cancel and receive a full refund. What items are included as port of the water line vvornanh/8 The external water warranty covers the underground service line from the point of connection to the oih' main line to the water meter, |t also covers the underground service line between the water meter and the exterior foundation o(the home. If any part oFthe line is broken and leaking, U5PwiU repair or replace the line in order to restore the service Coverage caps /iuhad in the terms &con6itinnx are per occurrence oxfollows: $4.000 plus on additional $5OO for public sidewalk cutting, if necessary What henlo are included as part "Jthe sewer line warrant/? The external sewer line warranty covers the underground service line from the point of connection |o the city main line hz the point of entry to the home If any U of Hne line is broken and leaking, U5PwUl repair or replace the line in order to restore the service Coverage caps listed in the terms & conditions are per occurrence oufollows. $4,0O0 plus onadditional $4,OOO for public street cutting, if necessary The Coveraqe Cap looks adequate but io there on annual or lifetime restriction on how much you will pay k>repair? No. Unlike some other warranties ovoi|o6le, we provide you with the full coverage per incident. \Ae will pay upto your coverage amount each and every time you need us. We do not deduct prior repair expense from your coverage cap or limit the amount vvo will pay annually. Doesn't Homeowner's Insurance cover this typ of repair? Typically, no Most homeowner policies will pay to repair the damage created by failed utility lines but they generally do not pay to repair the actual broken pipes or lines. We encourage you to call your insurance company to determine your actual coverage. 91 USP will provide basic restoration to the site. This includes filling in the holes, mounding the trench (to allow for settling) and raking and seeding the affected area. Restoration does not include replacing trees or shrubs or repairing private paved/concrete surfaces This is outlined in the terms & conditions sent to the customer. If the line is broken and leaking, U8P will repair the leaking of the line according hz the current code. However, U3Pio not responsible for bringing working lines up to code that are not in need of repair. Will citizen have long hold time when reporting oclaim? No. Repair calls receive the highest priority and are answered 24/7 Repair calls are connected hzo live agent through a voice recognition unit (VRU). Will the customer always get live operator when they call? &s Customers are directed to select hospeak with either service or claims agent and will then be directed to o live What is the claims process? Program participants call toll-free P number b file o claim uwrm3eots the contractor, who ix required tncontact the customer within one hour cf receiving the io6toschedule o time to begin the repairs. Tmico|ly, repairs are completed within 24 hours. Emergencies receive priority handling. Who performs the repair work? USP retains local, professional plumbers to perform all the service line repair work. How selective are you when choosing contractors tz conduct repairs? U3P only selects contractors who share our commitment b excellence in customer service. Scorecards are maintained for each contractor, tracking the customer satisfaction rating for work performed. Customer feedback is shared with our contractors and any contractor with o low customer satisfaction rating is removed from the network, March 21, 2012 The Honorable Gary Peterson Mayor City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 RE: Marketing Agreement with Utility Service Partners Private Label, Inc. d/b /a Service Line Warranties of America ( "SLWA ") Dear Mayor Peterson: We have discussed entering into a marketing agreement between the City of Columbia Heights (the "City ") and SLWA. SLWA provides affordable utility service line warranties to consumers. It is SLWA's understanding that, in consideration of SLWA offering its external sewer and external water line warranties (the "Warranties ") at a 10% discount from its standard rates to the Residents (as defined below) the City has agreed to cooperate with SLWA in marketing SLWA's services to City's residents and homeowners (the "Residents ") as described below: 1. City hereby grants to SLWA a non - exclusive license to use City's name and logos on letterhead and marketing materials to be sent to the Residents from time to time, and to be used in advertising, all at SLWA's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. 2. As consideration for such license, SLWA shall offer the Warranties to the Residents at a rate that is 10% less than its standard rate for Warranties offered elsewhere. 3. The term of this marketing agreement will be for one year from the date of the execution of the acknowledgement below and this agreement will then renew on an annual basis unless one of the parties gives the other advance written notice of at least 90 days that it does not intend to renew this marketing agreement. City may terminate this marketing agreement 30 days after giving notice to SLWA that SLWA is in material breach of this agreement if such breach is not cured during such 30 -day period. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this marketing agreement after which time, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall indemnify, hold harmless, and defend City, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a "Claim ") resulting from the negligence or willfulness of SLWA in connection with, arising out of or by reason of this marketing agreement, provided that the applicable indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder may participate in its, his, or her own defense, M but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. If City agrees that the foregoing fully and accurately describes the agreement between City and SLWA, please arrange to have a duly authorized representative of City execute and date the acknowledgement below in each of the duplicate original versions of this letter and return one to me in the enclosed self - addressed stamped envelope. If you have any questions or wish to further discuss this marketing agreement, please do not hesitate to contact Oscar Arras via email at OArras @utilitysp.net or by phone at (214) 632- 6947. Very truly yours, Utility Service Partners Private Label, Inc. Print Name: _ Philip E. Riley, Jr. Title: President & CEO Print Name: Brad H. Carmichael Title: Vice President Acknowledged and Agreed: City hereby acknowledges and agrees that the foregoing letter fairly and accurately describes the agreement between City and SLWA as of the date of this acknowledgement. City of Columbia Heights, MN: By: Date: Print Name: Title: 93 CITY COUNCIL LETTER Meeting of: March 26, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS BY: K. Hansen BY: ITEM: ADOPT RESOLUTION 2012 -031 AWARDING STREET STRIPING, RESOLUTION 2012 -029 DATE: 3/20/2012 DATE: AWARDING CRACK SEALING, AND RESOLUTION 2012 -030 AWARDING SEAL COATING Background: In 2005, City Council authorized staff to enter into a Joint Powers Agreement (JPA) with the Cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Fridley to seek bids for street maintenance, including street striping, crack sealing and seal coating. In subsequent years, the JPA has been amended to include the cities of Anoka, Circle Pines, East Bethel, Ham Lake, and Mahtomedi. For Columbia Heights, crack sealing and seal coating are annual maintenance projects to help preserve the integrity and extend the life of the bituminous streets. The City Council authorized staff to seek bids at the Improvement Hearing on January 18, 2012. The City has been bidding with the north metro cities for eight years. Plans and specifications for the street maintenance project were advertised for bids in the Coon Rapids Herald on February 10 and 17, 2012 and in the Construction Bulletin on February 13 and 20, 2012. Bids were received and publicly read aloud at the March 2, 2012 bid opening. A copy of the bid tabulation is attached. STREET STRIPING Company Amount AAA Striping Service $ 168,086.72 Traffic Marking Service $ 185,346.16 Highway Technologies $ 216,208.72 CRACK SEALING Company Amount American Pavement Solutions $ 124,768.56 Allied Blacktop $ 142,592.64 Asphalt Surface Technologies $ 182,696.82 SEAL COATING Base Bid Amount Alternate Bid Amount Company (Trap Rock) Granite Allied Blacktop $ 1,439,133.92 $ 1,304,392.88 Pearson Brothers $ 1,440,093.10 $ 1,372,722.58 Asphalt Surface Technologies $ 1,517,634.04 $ 1,392,517.36 Analysis /Conclusions: STREET STRIPING: The JPA low bid was submitted by AAA Striping Service of St. Michael, Minnesota in the amount of $168,086.72 (total for all cities). From the bid prices in 2011, the cost of street striping increased $1.52 per gallon to $17.84. For the City of Columbia Heights, the estimated costs are $6,300 budgeted in State Aid Maintenance and $700 budgeted in the General Fund — Traffic Signs and Signals. ., CITY COUNCIL LETTER Meeting o£ March 26, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS BY: K. Hansen BY: ITEM: ADOPT RESOLUTION 2012 -031 AWARDING STREET STRIPING, RESOLUTION 2012 -029 DATE: 3/20/2012 DATE: AWARDING CRACK SEALING, AND RESOLUTION 2012 -030 AWARDING SEAL COATING Continued — Page 2 CRACK SEALING: The JPA low bid was submitted by American Pavement Solutions of Green Bay, Wisconsin in the amount of $124,768.56 (total for all cities). From the bid prices in 2011, the cost of crack sealing increased $0.09 per lineal foot to $0.56. For the City of Columbia Heights, the estimated cost is $4,500 to be appropriated from Zone 7 Seal Coat project, and $3,000 to be appropriated from City Infrastructure Fund SEAL COATING: The JPA low bid was submitted by Allied Blacktop of Maple Grove, Minnesota, in the amount of $1,439,133.92 (total for all cities) for Trap Rock, with an alternate bid of $1,304,392.88 (total for all cities) for Granite cover aggregate. Public Works recommends accepting the base bid amount. From bid prices in 2011 the cost of the trap rock aggregate increased $0.09 per square yard to $0.82 and granite aggregate increased $0.10 per square yard to $0.68. The cost of the polymer modified asphalt emulsion increased $0.30 per gallon to $2.65. For the City of Columbia Heights the estimated costs are $69,500 to be appropriated from Zone 6 Seal Coat assessment project and $69,500 to be appropriated from Citv Infrastructure Fund. Recommended Motion: Move to waive the reading of Resolution 2012 -031, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -031, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Street Striping Project to AAA Striping Service, based upon their low, qualified, responsible bid in the amount of $17.84 per gallon for Street Markings and $100.00 per gallon for Symbol Markings with an estimated cost of $6,300 to be appropriated from Fund 212 - 43190 -4000 and $700 to be appropriated from Fund 101- 43170 -4000. •1 1 �; • Recommended Motion: Move to waive the reading of Resolution 2012 -029, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -029, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Crack Sealing Project to American Pavement Solutions based upon their low, qualified, responsible bid in the amount of $0.56 per lineal foot for crack sealing with an estimated cost of $4,500 to be appropriated from Fund 415 -51201 -4000, and $3,000 to be 95 CITY COUNCIL LETTER Meeting of. March 26, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS BY: K. Hansen BY: ITEM: ADOPT RESOLUTION 2012 -031 AWARDING STREET STRIPING, RESOLUTION 2012 -029 DATE: 3/20/2012 DATE: AWARDING CRACK SEALING, AND RESOLUTION 2012 -030 AWARDING SEAL COATING appropriated from Fund 430 - 46323 -5185. Continued — Page 3 Recommended Motion: Move to waive the reading of Resolution 2012 -030, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -030, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Seal Coating Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $2.65 per gallon of emulsion and $0.82 per square yard of aggregate with an estimated cost of $69,500 to be appropriated from Fund 415- 51101 -5185 and $69,500 to be appropriated from Fund 430 - 46323 -5185. Attachments: Resolutions COUNCIL ACTION: 99 RESOLUTION 2012 -031 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2012 STREET MAINTENANCE, STREET STRIPING PROJECT TO AAA STRIPING SERVICE WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2012 Traffic Markings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping Service $ 168,086.72 Traffic Marking Service $ 185,346.16 Highway Technologies $ 216,208.72 WHEREAS, it appears that AAA Striping Service of St. Michael, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping Service on behalf of the City of Columbia Heights for 2012 Street Striping, according to the specifications for said project and accepting AAA Striping Service Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. City Street Striping Project shall be funded with 90% State Aid maintenance funds and 10% general fund. Passed this 26t' day of March, 2012 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk 97 CITY OF COLUMBIA HEIGHTS I: Mayor Gary L. Peterson RESOLUTION 2012 -029 WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2012 Crack Sealing, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount American Pavement Solutions $ 124,768.56 Allied Blacktop $ 142,592.64 Asphalt Surface Technologies $ 182,696.82 WHEREAS, it appears that American Pavement Solutions of Green Bay, Wisconsin is the lowest responsible bidder. NOW �. RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with American Pavement Solutions on behalf of the City of Columbia Heights for 2012 Crack Sealing, according to the specifications for said project and accepting Crack Sealing Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. City Crack Sealing Project shall be funded with 65% project funds and 35% infrastructure fund. Passed this 26a' day of March, 2012 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk CITY OF COLUMBIA HEIGHTS wo Mayor Gary L. Peterson RESOLUTION 2012 -030 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2012 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2012 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rocky Granite Allied Blacktop $ 1,439,133.92 $ 1,304,392.88 Pearson Brothers $ 1,440,093.10 $ 1,372,722.58 Asphalt Surface Technologies $ 1,517,634.04 $ 1,392,517.36 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY OF COLUMBIA HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2012 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 50% assessments and 50% infrastructure fund. Passed this 26h day of March, 2012 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk 0 CITY OF COLUMBIA HEIGHTS I: . Mayor Gary L. Peterson CITY COUNCIL LETTER meeting ot: March Z6,2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY PUBLIC WORKS MANAGER ITEM: RESOLUTION 2012 -032 RESTRICTING BY: Kevin Hansen BY: PARKING ON 49TH AVENUE AT THE COLUMBIA DATE: 3/20/2012 DATE: HEIGHTS HIGH SCHOOL CAMPUS Background: City staff has been contacted by several residents during the 2011/12 school year about visibility concerns on 49"' Avenue NE near the Columbia Heights High School caused by vehicles parking too close to the intersections. Analysis and Conclusions: Staff met with representatives of the School District. While the School District wants to maintain parking on 49"' Avenue, they have also noticed the problem and are in agreement with the proposed parking restrictions. 49 "' Avenue is Anoka County State Aid Highway 4. Staff discussed the proposal with Jane Rose of the Anoka County Highway Department. Anoka County suggested parking be eliminated on the north side of 49 "' Avenue between Fillmore Street and Johnson Street, but is willing to try the proposed parking restrictions. Based upon review with the ISD 13 staff and Anoka County, staff recommends the proposed parking restrictions: North side of 49t" Avenue NE Restrict 50' west and east of Fillmore Street Restrict 50' west of Johnson Street South side of 49t" Avenue NE Restrict 50' east of Fillmore Street Restrict 50' west and east of H.S. driveway to athletic fields East side of Fillmore Street NE Restrict 30' north of 49 "' Avenue Recommended Motion: Move to waive the reading of Resolution 2012 -032, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012 -032, being a resolution restricting parking for 50' on the north side of 491' Avenue NE (CSAH 4) at the intersection of Fillmore Street and west of Johnson Street, and for 50' on the south side of 49"' Avenue NE (CSAH 4) east of Fillmore Street and on both sides of the driveway access to the high school athletic fields, and restricting parking for 30' on the east side of Fillmore Street NE north of 49t" Avenue, based on the recommendation of the City Engineer in cooperation with Independent School District #13 and the Anoka County Traffic Engineering Manager, Attachment: Resolution 2012 -032 Map COUNCIL ACTION: iffill RESOLUTION NO. 2012-032 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS ON 49TH AVENUE NE, CSAH 4, AND ON FILLMORE STREET NE NEAR THE COLUMBIA HEIGHTS HIGH SCHOOL IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, THIS RESOLUTION was passed this 26th day of March, 2012, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNES SETH: WHEREAS, there is considerable pedestrian and vehicle traffic along 49th Avenue NE, CSAH 4 near the Columbia Heights High School; and WHEREAS, existing on street parking on 49th Avenue and Fillmore Street does not provide for adequate visibility at the intersections. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles at the following locations: North side of 49th Avenue NE CSAH 4 50' West and East of Fillmore Street 50' West of Johnson Street South side of 49th Avenue NE CSAH 4 50' East of Fillmore Street 50' West and East of H.S. driveway to athletic fields East side of Fillmore Street NE 30' North of 49th Avenue Passed this 26th day of March, 2012 Offered by: Seconded by: Roll Call: ATTEST: City of Columbia Heights, Minnesota Patricia Muscovitz, CMC City Clerk on Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of March 26, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: March 20, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for March 26, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 103 Print Rental Licenses to FIRE DEPARTMENT approve by CC Inspection _ 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 - 706 -8151 m 10047 4224 JACKSON ST NE Ali, Mir F11549 2330 45th Avenue NE $ 150.00 Columbia Heights, MN 55421 10067- RY3865 KEYES ST NE Aden, Amal F11548 3865 Keyes $ 150.00 Columbia Heights, MN 55421 10174 4058 QUINCY ST NE O'Malley, Emilie F11530 225 Eagle Parkway $ 150.00 St. Paul, MN 55102 10362 4601 CHATHAM RD NE Grier, Tori F11541 1343 Horseshoe Ct. $ 150.00 White Bear Township, MN 55110 12035 5208 WASHINGTON ST NE Olin, Jennifer F11547 5210 WASHINGTON ST NE $ 150.00 Columbia Heights, MN 55421 12053 3943 TYLER ST NE Brown, Marlene F11531 3943 Tyler Street $ 150.00 Columbia Heights, MN 55421 20022 4610 WASHINGTON ST NE Wieman, Bret F11512 251 17th Avenue SW $ 150.00 New Brighton, MN 55112 20054 5218 WASHINGTON ST NE Olin, Richard F11532 10682 Washington Blvd. NE $ 150.00 Blaine, MN 55434 20169 4518 WASHINGTON ST NE Miller, William F11472 14628 18th Ave Southwest $ 150.00 Seattle, WA 98166 20183 5228 WASHINGTON ST NE Peterson, Darwin F11491 2323 145th Lane NE $ 150.00 Ham Lake, MN 55304 30040 965 40TH AVE NE City of Columbia Heights HRA F11523 590 40th Avenue N.E. $1802.00 Columbia Heights, MN 55421 03/20/2012 11:49 Wi111 Page 1 COLUMBIA HEIG,KTS FIRE DEPARTMENT Inspection Division 825 41st Avenue N.E. -Columbia Heights, MN 55421 -Ph: 763-706-8156- Fax: 763-706-8151 30072 3915 LOOKOUT PL NE Dang, Danny P.O Box 10565 White Bear Lake, MN 55110 30090 3801 VAN BUREN ST NE Audulov, Allison 2136 Cedar Grove Trail Eagan, MN 55122 03/20/2012 11:49 MIR Print Rental Licenses to approve by CC F11515 $248.00 F11526 $160.00 Total # of Licenses 13 Page 2 NOTE: PAGE NUMBERS 106 TO 123 ARE INTENTIONALLY LEFT BLANK CITY COUNCIL LETTER Meeting of March 26, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 21, 2012 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the March 26, 2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012. 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. Move to approve the items as listed on the business license agenda for March 26, 2012 as presented. COUNCIL ACTION: wa TO CITY COUNCIL March 26, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG *Allweather Roof Marsh Heating & AC *Gardner Plumbing LLC *Anderson Htg Spiess Plumbing Servey Plumbing Inc *Legacy Mechanical Kuehn Roofing Sys 2101 E 26th St. Mpls $60 6248 Lakeland Ave N, Brk. Park $60 1086 Glenhill Rd. Shoreview $60 1628 Co Highway 10, Sp Lk Pk $60 493 Bear Ave S, Vadnais Hts $60 10609166 1h St W, Lakeville $60 9714 Woodcrest Ct, Monticello $60 14815 Aberdeen St. Ham Lake $60 *Arbor Barber Inc. PO Box 22222, Robbinsdale $60 125 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 26, 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 142817 through 142977 in the amount of $ 552,648.17. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 126 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13:12:53 Check History GL050S- V07.12 COVERPAGE GL540R ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** L E A N N O * * ** L E A N N O * * ** L E A N N O * * ** L E A N N O ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Report Selection: Optional Report Title ....... 03 /26/12 COUNCIL LISTING INCLUSIONS: thru Fund & Account .............. thru Check Date .................. thru Source Codes. ............... thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 142817 thru 142977 Project ..................... thru Vendor ........ ............. thru Invoice ..................... thru Purchase Order .............. thru Bank.. ...................... thru Voucher .................... thru Released Date ............... thru Cleared Date ............. .. thru Include Exp /Rev Closing Entries N thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP L LEANNO O1 P4 Y S 6 066 10 Y Y 127 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13 Check History GL540R -VO7 12 PAGE 1 03/26/12 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT ACE HARDWARE 142817 03/14/12 6.39 AMERIPRIDE LINEN INC 142818 03/14/12 248.74 ANOKA COUNTY CHIEFS OF P 142819 03/14/12 290.00 ANOKA CTY - CENTRAL COMM 142820 03/14/12 142.50 ASPEN MILLS, INC. 142821 03/14/12 479.25 ASTLEFORD INTERNATIONAL 142822 03/14/12 161.62 AVALAR MN REAL STATE 142823 03/14/12 50.11 BELLBOY BAR SUPPLY 142824 03/14/12 17.99 BELLBOY CORPORATION 142825 03/14/12 10,390.04 BERNICK'S WINE 142826 03/14/12 949.37 BRAUN INTERTEC CORP 142827 03/14/12 1,412.00 BUILDING FASTENERS 142828 03/14/12 74.59 CAMBI /FAUSTO & NUBE 142829 03/14/12 39.99 CAMDEN PET HOSPITAL, INC 142830 03/14/12 756.60 CAPITOL BEVERAGE SALES L 142831 03/14/12 17,161.18 CENTURYLINK BUSINESS SER 142832 03/14/12 35.33 CHISAGO LAKES DISTRIBUTI 142833 03/14/12 2,381.14 CITY OF MINNEAPOLIS 142834 03/14/12 204.00 CITY WIDE LOCKSMITHING I 142835 03/14/12 75.00 CITY WIDE WINDOW SERVICE 142836 03/14/12 78.00 CRABTREE COMPANIES INC 142837 03/14/12 4,237.41 CROWN TROPHY 142838 03/14/12 52.66 DAKOTA COUNTY RECEIVING 142839 03/14/12 134.00 DELEGARD TOOL CO. 142840 03/14/12 353.42 ED'S TROPHIES INC 142841 03/14/12 178.16 EVERWOOD COMPANY 142842 03/14/12 76.22 FARNER - BOCKEN 142843 03/14/12 6,196.80 FIRENET SYSTEMS, INC 142844 03/14/12 282.15 FIRST STUDENT INC 142845 03/14/12 238.48 FLAT ROCK GEOGRAPHICS LL 142846 03/14/12 6,524.19 FLEX COMPENSATION, INC 142847 03/14/12 125.00 FOTH INFRASTRUTRE &ENVIRO 142848 03/14/12 800.00 G & K SERVICES INC 142849 03/14/12 113.47 GENUINE PARTS /NAPA AUTO 142850 03/14/12 69.36 GHERAU /SHAWN 142851 03/14/12 500.00 GLASS & MIRROR INC 142852 03/14/12 275.00 HAWKEYE REAL STATE INC 142853 03/14/12 12.77 HD SUPPLY WATER WORKS 142854 03/14/12 1,399.80 HEIGHTS ELECTRIC INC. 142855 03/14/12 280.93 HOHENSTEINS INC 142856 03/14/12 280.50 HOME DEPOT 42802 142857 03/14/12 73.09 JJ TAYLOR DIST OF MN 142858 03/14/12 20,322.25 JOHNSON BROS. LIQUOR CO. 142859 03/14/12 1,223.74 KOLOSKY /STEVE 142860 03/14/12 80.20 LEAGUE OF MINNESOTA CITI 142861 03/14/12 60.00 MAC QUEEN EQUIPMENT CO. 142862 03/14/12 3,141.04 MARCO, INC 142863 03/14/12 22.50 128 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13 Check History GL540R- V07.12 PAGE 2 03/26/12 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT MENARDS CASHWAY LUMBER -F 142864 03/14/12 14.86 MID- AMERICA SALES ASSOCI 142865 03/14/12 1,221.11 MIDWAY FORD 142866 03/14/12 186.51 MINNEAPOLIS FINANCE DEPT 142867 03/14/12 79,871 22 MINNEAPOLIS PARK & REC B 142868 03/14/12 405.00 MN CHAPTER IAAI 142869 03/14/12 250.00 MN CHIEFS OF POLICE ASSO 142870 03/14/12 325 00 MUNICI -PALS 142871 03/14/12 25.00 MURZYN /JOHN 142872 03/14/12 150.00 OFFICE DEPOT 142873 03/14/12 174.32 PINPOINT LOCATORS INC 142874 03/14/12 350.00 QUALITY WINE & SPIRITS 142875 03/14/12 9,369.46 RELIABLE RACING SUPPLY I 142876 03/14/12 1,839.74 RIGS AND SQUADS INC 142877 03/14/12 849.69 S & T OFFICE PRODUCTS IN 142878 03/14/12 304.46 SARNA'S 142879 03/14/12 220.00 SOUTHERN WINE & SPIRITS 142880 03/14/12 22,236.07 SPECIALTY TURF & AG INC 142881 03/14/12 133.59 STREICHER'S GUN'S INC /DO 142882 03/14/12 164.98 T- MOBILE INC 142883 03/14/12 945.99 TEE JAY NORTH INC 142884 03/14/12 740.50 TENNANT COMPANY 142885 03/14/12 314.42 THYSSENKRUPP ELEVATOR CO 142886 03/14/12 165.00 TRIO SUPPLY COMPANY 142887 03/14/12 172.66 TWIN CITIES JUNK HAULING 142888 03/14/12 457.00 U.S. BANK 142889 03/14/12 1,712.50 UNIFORMS UNLIMITED INC 142890 03/14/12 113.17 US BANK HOME MORTGAGE 142891 03/14/12 55.61 USA MOBILITY WIRELESS IN 142892 03/14/12 45.42 VEOLIA ES SOLID WSTE MDW 142893 03/14/12 115,975.14 VER -TECH INC 142894 03/14/12 96.18 VERIZON WIRELESS 142895 03/14/12 130.12 VOLUNTEER FIREFIGHTERS B 142896 03/14/12 187.00 WATER CONSERVATION SRVCS 142897 03/14/12 649.98 WEBCO SECURITY INC 142898 03/14/12 1,585.28 WHOLESALE TRUCK -TRLR PR 142899 03/14/12 188.11 WIRTZ BEVERAGE MINNESOTA 142900 03/14/12 2,980.30 WIRTZ BEVERAGE MINNESOTA 142901 03/14/12 7,136.87 XCEL ENERGY (N S P) 142902 03/14/12 61.00 NORTHEAST BANK CREDIT CA 142903 03/14/12 0.00 ACE HARDWARE 142904 03/21/12 38.41 AMERICAN STAMP WORKS INC 142905 03/21/12 15.50 AMERIPRIDE LINEN INC 142906 03/21/12 58.49 ANOKA COUNTY - ES 142907 03/21/12 750.00 ANOKA COUNTY LIBRARY 142908 03/21/12 276.05 ANOKA COUNTY PROPERTY RE 142909 03/21/12 46.00 ASPEN MILLS, INC. 142910 03/21/12 59.90 129 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13 Check History GL540R- VO7.12 PAGE 3 03/26/12 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT ASTLEFORD INTERNATIONAL 142911 03/21/12 59.96 BAKER & TAYLOR 142912 03/21/12 3,802.97 BAKER & TAYLOR ENTERTAIN 142913 03/21/12 429.65 BATTERIES PLUS 142914 03/21/12 44.78 BERNICK'S WINE 142915 03/21/12 739.47 BOUND TREE MEDICAL LLC 142916 03/21/12 117.60 BRODART 142917 03/21/12 36.04 C & L EXCAVATING INC 142918 03/21/12 107,992 94 CAPITOL BEVERAGE SALES L 142919 03/21/12 6,050.68 CATCO PARTS SERVICE 142920 03/21/12 8.81 CENTER POINT ENERGY 142921 03/21/12 952.01 CENTURYLINK 142922 03/21/12 452.13 CHISAGO LAKES DISTRIBUTI 142923 03/21/12 1,139.12 CLIA LABORATORY PROGRAM 142924 03/21/12 150.00 CROWN TROPHY 142925 03/21/12 15.81 DALCO ENTERPRISES INC 142926 03/21/12 36.73 EHLERS & ASSOCIATES INC 142927 03/21/12 292.50 FRIDLEY YOUTH SPORTS ASS 142928 03/21/12 280.00 FSH COMMUNICATIONS, LLC 142929 03/21/12 60.00 G & K SERVICES INC 142930 03/21/12 112.10 GENUINE PARTS /NAPA AUTO 142931 03/21/12 214.47 GS DIRECT 142932 03/21/12 61.60 HILLTOP TRAILER SALES IN 142933 03/21/12 185.86 HOHENSTEINS INC 142934 03/21/12 4,343.93 INNOVATIVE OFFICE SOLUTN 142935 03/21/12 60.13 JEFF,BOBBY & STEVES AUTO 142936 03/21/12 325.00 JJ TAYLOR DIST OF MN 142937 03/21/12 7,264.68 JOHNSON PROS. LIQUOR CO. 142938 03/21/12 33,357.58 KIRKUS REVIEW 142939 03/21/12 199.00 LEAGUE OF MN CITIES INS 142940 03/21/12 1,000.00 LIBRARY JOURNAL 142941 03/21/12 157.99 LIEBERMAN /AARON 142942 03/21/12 120.00 LINDSTROM CLEAN &CONSTRU 142943 03/21/12 11,340.84 LOFFLER COMPANIES INC 142944 03/21/12 761.87 MCCOY /LEROY 142945 03/21/12 208.23 MEDTOX LABORATORIES, INC 142946 03/21/12 48.00 MENARDS CASHWAY LUMBER -F 142947 03/21/12 1,232.83 MIDWAY FORD 142948 03/21/12 350.62 MINNEAPOLIS OXYGEN CO. 142949 03/21/12 13.64 MN DEPT OF LABOR & INDUS 142950 03/21/12 100.00 NEEDHAM DISTRIBUTING CO 142951 03/21/12 488.40 NEW FRANCE WINE COMPANY 142952 03/21/12 547.50 OFFICE DEPOT 142953 03/21/12 144.61 ON SITE SANITATION INC 142954 03/21/12 3S3.79 ONE -CALL CONCEPT- GOPHER 142955 03/21/12 96.55 PAT KERNS WINE MERCHANTS 142956 03/21/12 66.00 PAUSTIS & SONS WINE COMP 142957 03/21/12 504.15 130 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13 Check History GL540R- V07.12 PAGE 4 03/26/12 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT PHILLIPS WINE & SPIRITS 142958 03/21/12 8,436.14 PIONEER PRESS 142959 03/21/12 273.00 PREMIUM WATERS INC 142960 03/21/12 75.59 RR GILPIN PLUMBING INC 142961 03/21/12 816.00 RYDBERG /SCOTT 142962 03/21/12 49.50 SINN /GREG 142963 03/21/12 65.00 STAPLES ADVANTAGE 142964 03/21/12 195.85 STAR TRIBUNE 142965 03/21/12 78.00 STREICHER'S GUN'S INC /DO 142966 03/21/12 159.99 THELEN INC 142967 03/21/12 281.35 UNIQUE MANAGEMENT SERVIC 142968 03/21/12 35.80 VINIFERA IMPORTS LTD 142969 03/21/12 688.10 VINOCOPIA INC 142970 03/21/12 257.90 WINE MERCHANTS 142971 03/21/12 5,081.38 WINTER /JOSEPH 142972 03/21/12 14.73 WIRTZ BEVERAGE MINNESOTA 142973 03/21/12 8,962.62 WOODFILL /ANNE 142974 03/21/12 114.00 WW GRAINGER,INC 142975 03/21/12 160.70 XCEL ENERGY (N S P) 142976 03/21/12 5,416.48 ZAYO ENTERPRISE NETWORKS 142977 03/21/12 110.88 552,648.17 131 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2012 13 Check History GL540R- VO7.12 PAGE 5 03/26/12 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT REPORT TOTALS: 552,648.17 RECORDS PRINTED - 000684 132 ACS FINANCIAL SYSTEM 03/22/2012 13:12:53 Check History FUND RECAP: FUND -- -- DESCRIPTION --------------- -- --- -- --- - -- DISBURSEMENTS 101 GENERAL 22,229.63 201 COMMUNITY DEVELOPMENT FUND 2,252.14 204 EDA ADMINISTRATION 42.53 240 LIBRARY 5,761.73 261 AFTER - SCHOOL PROGRAMS 286.57 315 SULL- SHORES:TX GO BONDS2008A 425.00 340 GO IMPROV /REV BONDS 2006A 231.25 341 GO STREET REHAB BONDS 2007A 431.25 343 GO PUB SAFETY CTR BOND 2008B 425.00 372 HUSET PARK AREA TIF (T6) 292.50 411 CAPITAL IMP -GEN GOVT. BLDG 1,585.28 415 CAPITAL IMPRVMT - PIR PROJ 119,957.00 420 CAP IMPROVEMENT - DEVELOPMENT 73.06 601 WATER UTILITY 82,644.92 602 SEWER UTILITY 418.05 603 REFUSE FUND 115,999.20 604 STORM SEWER UTILITY 126.98 609 LIQUOR 181,173.54 631 WATER FUND DEBT SERVICE 150.00 634 STORM SEWER DEBT SERVICE 50.00 652 SEWER CONSTRUCTION FUND 2,212.00 701 CENTRAL GARAGE 6,782.33 720 INFORMATION SYSTEMS 860.15 875 FISCAL AGENCY: GIS RANGER 6,524.19 883 CONTRIBUTED PROJECTS -OTHER 588.87 884 INSURANCE 1,000.00 887 FLEX BENEFIT FUND 125.00 TOTAL ALL FUNDS 552,648.17 BANK RECAP: BANK NAME DISBURSEMENTS - - -- - --------- ---- --- ---- - - - - - -- BANK CHECKING ACCOUNT 552,648.17 TOTAL ALL BANKS 552,648.17 133 CITY OF COLUMBIA HEIGHTS GL060S- V07.12 RECAPPAGE GL540R CITY COUNCIL LETTER Meeting of March 26, 2012 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: March 20, 2012 DATE: NO: 12 -34 to 12 -36 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2012 -34 — 4345 5th Street 2012 -35 — 4008 2nd Street 2012 -36 — 4219 7th Street For failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012 -34, 35, and 36 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012 -34, 35, and 36 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 134 RESOLUTION 2012 -34 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by JZ Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4345 5th Street, 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 March 1, 2012 of an public hearing to be held on March 26, 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 May 1, 2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 1, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule an rental license reinspection with the Building Official 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 F11104 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; 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. 135 Passed this day of 2012 Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk 136 Mayor Gary L. Peterson RESOLUTION 2012 -35 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Glen Stauffacher (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4008 2nd 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 March 1, 2012 of an public hearing to be held on March 26, 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 February 12, 2012 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 March 1, 2012 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 The rental license belonging to the License Holder described herein and identified by license number U4008 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; 137 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: Attest: Patricia Muscovitz, CMC City Clerk go Mayor Gary L. Peterson RESOLUTION 2012 -36 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Joseph G. Geshick (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4219 7a' 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 March 1, 2012 of an public hearing to be held on March 26, 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 February 17, 2012 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 March 1, 2012 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 The rental license belonging to the License Holder described herein and identified by license number U4219 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; 139 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: Attest: Patricia Muscovitz, CMC City Clerk WILI Mayor Gary L. Peterson