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HomeMy WebLinkAbout08/13/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Gary L.Peterson 590 40ih Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at:www.ci.columbia-heights.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 p.m. on Monday, August 13, 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/APPT. SECRETARY PRO TEM Invocation by Pastor Dan Thompson, Assembly of God Church MOTION: Move to appoint Carole Blowers as Secretary Pro-Tem for the August 13, 2012 City Council meeting. 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. Introduction- Joe Omellas, Public Works Maintenance Worker B. Introductions - Fire Department Paid on Call Fire Fighters C. Library Teen Volunteer Recognition 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 the minutes of the July 23, 2012 City Council meeting. p5 MOTION: Move to approve the minutes of the July 23, 2012 City Council meeting. B. Accept Board and Commission minutes MOTION: Move to accept the Library Board meeting minutes of July 3, 2012. p15 MOTION: Move to accept the Park and Recreation Commission meeting minutes of June 27, 2012. p17 C. Establish the Canvass of the 2012 Primary Election-Aug. 16 at 6:00 p.m. p20 MOTION: Move to establish the Canvass of the 2012 Primary Election results for Thursday, 2 City Council Agenda Monday,August 13,2012 Page 2 of 3 August 16, 2012 beginning at 6:00 p.m. in the City Council Chambers. D. Establish date for 2012 public special assessment levy hearing for: Zone 6 Seal Coat program, Zone 7 Street Rehabilitation, alley and sidewalk construction, and delinquent accounts p20 MOTION: Move to establish Monday, October 1, 2012 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project#1201 Zone 6 Seal Coat Project,to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2012 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project#1202 Zone 7 Street Rehabilitation, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2012 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project#1111 Concrete Alley Construction, and City Project #1209 Sidewalk Construction, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 1, 2012 at 6:45 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts,to be held in the City Council Chambers. E. Approve Final Payment for Zone 6 Seal Coat Project No. 1201 p22 MOTION: Move to accept the work for 2012 Seal Coat, City Project No. 1201 and authorize final payment of$148,138.50 to Allied Blacktop Company of Maple Grove, Minnesota. F. Grant agreement with Anoka County for improvements to the Recycling Center p24 MOTION: Move to accept the Recycling Enhancement Grant in the amount of$50,000 with Anoka County for improvements to the Recycling Drop-off Center, and, furtheimore, to authorize the Mayor and City Manager to enter into an agreement for the same. G. Adopt Resolution 2012-102 authorizing the City of Columbia Heights to enter into Traffic p27 Control Signal Agreements No. 01592R and 01593R with MnDOT and Anoka County MOTION: Move to waive the reading of Resolution No. 2012-102, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-102, being a resolution authorizing the City of Columbia Heights to enter into Agreement Nos. 01592R and 01593R with MnDOT and Anoka County for replacement and maintenance of the Traffic Signal System on TH 47 at 40th Avenue and TH 65 at 49th Avenue. H. Accept LaBelle Park Master Plan p55 MOTION: Move to accept the Master Plan as prepared by the Park Planning firm of Brauer and Associates, based upon a recommendation of the Park and Recreation Commission. MOTION: Move to authorize the preparation of plans and specs for the boardwalk removal and shoreline restoration, based upon a recommendation of the Park and Recreation Commission. I. Approve Business License Applications p70 MOTION: Move to approve the items as listed on the business license agenda for August 13, 2012 as presented. 3 City Council Agenda Monday,August 13,2012 Page 3 of 3 J. Approve Rental Licenses p72 MOTION: Move to approve the items listed for rental housing license applications for August 13, 2012 in that they have met the requirements of the Property Maintenance Code. K. Review payment of the bills p80 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 144442 through 144692 in the amount of$1,701,01 0.58. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS 7.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10.ADJOURNMENT 4,— Walter R. Fehst, City Manager WF/pvm 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,JULY 23, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Dana Caraway, Pastoral Assistant, Church of All Nations, 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 Peterson indicated there are only two remaining license revocation requests— Resolutions 2012-89 and 2012-92. Motion by Nawrocki to add Council Corner to the Agenda. Peterson called for a second. Second by Williams. Diehm asked if we have come to an agreement on the Council Corner guidelines. Nawrocki stated he will continue to bring it up. It is important that members of the council have the opportunity to bring things of city business up at the meeting. Fehst stated that citizens always have an opportunity to speak at the meeting. Peterson stated that at the last meeting Mr. Nawrocki spoke about items of city business for 25 to 30 minutes without Council Corner. Nawrocki stated that he has questions that he asks. Williams withdrew his second. Diehm stated that this has been discussed and the majority of Council members asked that this be limited to five minutes, be reasonable, be respectful of their fellow Council members and not interrupt, and once you have had your five minutes you would pass the mike and not speak again. Because we could not get unanimous consent, we felt we would not be putting it on the agenda. She misses bringing up community tidbits, but unless we can all agree on our own rules, we will not do so. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. National Night Out- August 7, 2012 Peterson read the Proclamation for the 29th Annual National Night Out on Tuesday, August 7, 2012. Officer Terry Nightingale, indicated we currently have 54 evening events scheduled. Last year there were 41 events. Nawrocki asked if there would be a meeting about Council members riding along to the events. Nightingale stated they can meet at the Police Station at 5:30 p.m. He gave the background of the event. Last year we had over 1,000 attend the event. He stated that he is the coordinator for this event. Diehm asked if people watching tonight could still sign up to have an event. Nightingale stated they can do so on our web site or Facebook. Making it to all of the parties can be a staffing challenge. Diehm thanked him for his hard work to coordinate this event. Nightingale reminded the public of the upcoming community picnic at Ramsdell Park. Peterson stated that he has received many comments on the good job Officer Nightingale does. B. Recognition of Young Artist Showcase winners - Sister City 5 City Council Minutes Monday,July 23,2012 Page 2 of 10 Peterson explained the Young Artist Showcase event sponsored by our Sister Cities Committee. He read a letter from the Sister Cities International Committee indicating that Christine Wilda was chosen as one of the top ten artists nationwide and that her art will tour the country for one year. Peterson presented her with the award from the International Committee. Christine Wilda stated this was an honor and that she just returned from the Washington DC recognition today. Diehm asked how she got interested in art, as she is very, very talented. Wilda stated that it began when she was little and last year she did a large painting that made her very happy. Schmitt asked what medium she used. Wilda stated this was a digital piece. C. Presentation-Auditors David Mol, CPA, Tautges Redpath, stated this report is the audit of the 2011 financial statements. The financial statements are audited with State and Federal standards. The result is a clean opinion on the 2011 financial statements. Columbia Heights received the Government Finance Officers Association(GFOA) award for excellence in Financial Reporting for 2010. Mol indicated that we gain an understanding of internal controls. One item was noted: Recreation revenue documentation does not always have a clean audit trail. Mole listed the guidelines for compliance with MN Legal Compliance Audit Guide. We selected a sample of transactions to test for compliance with statutory provisions. There were no findings of noncompliance. Federal program compliance requirements are for expenditures exceeding $500K. The pedestrian bridge and the HUD operating subsidy contributed to requiring this report. Samples of transactions were tested for compliance. There were no findings of noncompliance in 2011. Mol reviewed the required communication to those charged with governance, which includes items not included in the other areas, any changes or standard differences since the previous year and accounting estimates in the financial statements including OPEB liability and value of land. Financial statement misstatements identified during the audit were two immaterial timing differences. There were no disagreements with management and no difficulties encountered in performing the audit. He referenced financial results of the audit summary. There was a net decrease in fund balance of$370,000. Mol stated that there are new categories on how you report fund balance, which he listed as non-spendable, restricted, unrestricted—committed, assigned, unassigned, and the total. He explained the meaning of the unassigned fund balance. Mol showed a power point presentation slide on the water operating revenue and expenses, indicating that revenue did increase. He explained the sewer operating fund differences. He showed the liquor operations revenue and expenses. Sales increased four percent. The gross margin percent increased from 23.75% to 24.50%, and there was a net income increase of$80,000 over the prior year. Nawrocki questioned a difference in liquor totals and asked where the money comes from to pay the building bonds. Mol stated from the Liquor fund; net operations pay the interest on the debt. Nawrocki discussed property taxes and levies. Mol explained that taxes and levies are not always equal. Joseph Kloiber, Finance Director, referred to tax increment levy funds. Mol pointed Council member Nawrocki to the correct page to indicate these amounts and explained the reason for the audit is to demonstrate compliance of individual funds. Schmitt thanked Kloiber for answering her questions previously and commended him for paying a bond off early. She stated that in 2010 we had a 3% salary increase for the fire department and asked if that is common for the twin cities area. Fehst stated that included the 2009 increase because they did not settle until the following year. Kloiber stated that the retro payment only went back to October 2010. Schmitt asked if contracts are coming due. Fehst stated yes. Schmitt asked if that is typical. Mol stated a one year period may not be typical. Fehst explained that we look for a similar rate with all of the unions. Schmitt questioned the statement that we have no alternative source of water supply. Kloiber stated that the CAFR is for bonding. Buying water 6 City Council Minutes Monday,July 23,2012 Page 3 of 10 from Minneapolis does not allow leverage to switch suppliers. Fehst discussed buying from other sources or having our own source. We have spoken to the City of Fridley and they would be open to discussions on water sources. Nawrocki stated that water in Fridley requires a water softener. Kloiber gave credit to Assistant Finance Director Jackie Senko for her work on the audit. Mol indicated that additional detail on the audit can be provided or Council members can meet with him for further review. Nawrocki referred to the increase in the chart showing the number of employees. Kloiber stated this information can be provided in detail following the meeting. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve the minutes of the July 9, 2012 City Council meeting. Motion to approve the minutes of the July 9, 2012 City Council meeting. B. Accept Board and Commission minutes Motion to accept the June 6, 2012 Library Board meeting minutes. Motion to accept the July 10, 2012 Planning and Zoning Commission meeting minutes. Motion to accept the April 25, 2012 Park and Recreation Commission meeting minutes. C. Approval of the attached list of rental housing licenses Motion to approve the items listed for rental housing license applications for July 23, 2012 in that they have met the requirements of the Property Maintenance Code D. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 23, 2012 as presented. E. 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 144272 through 144441 in the amount of $691,749.77. Motion by Williams, second by Diehm, to approve the Consent Agenda. Upon vote: All ayes. Motion carried. Nawrocki presented a check for meals for himself and his wife to attend the community picnic and the employee picnic. He requested a receipt. Fehst stated that is not what was intended, but it is appreciated. PUBLIC HEARINGS A. Adopt Resolutions 2012-89, 4344 2nd Street N.E., 2012-92, 5005 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. Fire Chief Gary Gorman listed the violations on the properties. The property on 2nd Street has about 14 items to repair, and 7th Street has not completed their initial inspection. Nawrocki stated he checks the properties on the list. Most items from this agenda were removed. There should be an earlier cut-off time. Diehm stated that the Fire Department agrees, but calling each Council member on the day of the meeting may be difficult. Schmitt stated that most of the properties 7 City Council Minutes Monday,July 23,2012 Page 4 of 10 were just missing their inspection and the property does not need to be checked. Jim Hoeft, City Attorney, stated there has been a change to revoke on vacant properties handed down by the District Court Judge. We revoke the ability to have a license. So if it is vacant, it cannot be rented until they reapply. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2012-89, and 92 being ample copies available to the public. Nawrocki renewed his request to be advised by telephone of properties taken off the agenda by late Monday morning. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2012-89, and 92, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2012-082 and Resolution 2012-083 being Resolutions Approving the Site Plan and a 150-square foot area variance for signage for the building located at 5150 Central Avenue. Jeff Sargent, City Planner, stated this project is to reface the building at 5150 Central Avenue, which required a site plan approval, and they would like to add more signage. This building will have eight offices and eight retail areas in the second and third level. The Planning Commission approved this with a 2-1 vote. The descending vote felt there was not enough of a hardship to approve this. Nawrocki referred to current signs in the windows and the free standing sign. Peterson stated this would be an asset to our community. Schmitt stated that our Design Guidelines and our ordinance are probably not up to date and that is why people need to ask for a variance. She asked when this would be reviewed. Sargent stated a building is limited by its size, not by the number of businesses. We also look at the overall aesthetics. This ratio is not gaudy, especially in a higher vehicle speed zone. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-082, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-082, approving the Site Plan for the construction of a new facade for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-082. Nawrocki questioned the addition of the third story. Sargent stated this will only extend the facade of the building. There will not be a third floor added. Sargent explained the current signs and the mesh tubing to be added to the facade. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-083, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-083, approving a 150- 8 City Council Minutes Monday,July 23,2012 Page 5 of 10 square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1 for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-083. Nawrocki stated there is garbage behind the building. He asked if there is a stall to be added. Peterson stated that is for the next item. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. C. Adopt Resolution 2012-084 being Resolution for the Approval of a 6-foot drive aisle width variance, the 5-foot side yard setback variance, and a variance to allow two (2) less parking stalls than the minimum requirement for the property located at 4347 Central Avenue NE. Sargent stated this is the former Anderson Heating building. As the use is being changed, we require that the building and property come into compliance. This is proposed to be a tire repair/sale facility. We would require parking lot stripping. The parking requirement would be eleven stalls. The variance would alleviate two parking stalls. Because this is an auto facility, it could be argued that the business does not fit on the property. This is a small property and there is no room on the property for the additional two parking stalls. The Planning Commission approved this on a 3-0 vote. Nawrocki stated there is trash in the back of the building. Sargent stated that there would be nine parking stalls, 9 feet by 18 feet. Schmitt questioned the service bay. There will be one bay, but there is space for two more bays. Sargent stated that would require more parking. We do not define what a service bay is. We made sure the conditions of approval address how the parking stalls are used. Schmitt asked if it would be better to have three stalls inside to repair vehicles, rather than have them sitting in the parking lot. Peterson felt it would make sense to allow three bays as they will be working out of one door. Sargent stated that would require a six stall variance. Peterson stated that he did want to add another garage door. Sargent stated that he agreed to work with one bay. If he needs more bay area, he can come back and ask for an additional variance. Nawrocki stated that additional bays would require more workers and more parking. Nawrocki questioned the drive aisle. Sargent stated that is the area to get into and out of a parking stall. Nawrocki questioned the setback variance. Sargent stated that is also for parking. Ramona Anderson, 4132 Stinson, questioned limiting this business to one work bay. Peterson stated there would be one bay, one overhead door, and room to have two additional cars in the bay area. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2012-084, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2012-084, approving the 6-foot drive aisle width variance; the 5-foot side yard setback variance for parking; and the variance to allow two (2) less parking stalls than the minimum requirement for the building located at 4347 Central Avenue NE, subject to the conditions outlined in Resolution No. 2012-084. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS 9 City Council Minutes Monday,July 23,2012 Page 6 of 10 Report of the City Manager Fehst stated that we received a letter from Senator Al Franken, congratulating us for receiving the City of Excellence Award. Congressmen Ellison is scheduling a meeting regarding fire departments on August 10th in Minneapolis. Nawrocki stated that the 50th and University shopping center has had an overflowing trash vat since last Thursday. Fehst stated that the Fire Chief has monitored the situation and it appears there are not enough pickups here. This also may be caused by others dropping trash on this property. It will be picked up tomorrow morning. Nawrocki questioned the towing contract, stating that keeping the current contract should be checked out legally by speaking to the League of Minnesota Cities (LMC). There needs to be Council action to continue the contract. Hoeft stated that he spoke with State Auditor's office and the Attorney General's office, and the city is in compliance with all laws and regulations. This is a service contract and does not require a low bidder. Schmitt stated that the LMC Attorney indicated that once a bid was presented, it has to stay as a bid, but indicated he did not have all of the facts. Hoeft stated that if Council so wishes, he can speak to the LMC Attorney again. Diehm stated there was a motion that did not pass, so the existing contract stays in place. Schmitt stated she was asked why she did not vote for this proposal. She spoke of the more than generous support that Jeff's Bobby and Steve's (JBS) has given this city. The JBS tow truck could come from Columbia Heights or from another city. People have commented to her that these vehicles are being parked on a non-hard surface. She was told this will be paved when they have the money. This is against our ordinance. How do we vote for something that is against our ordinance? That is why she voted no. Fehst stated it was grandfathered in because there was not a significant change in usage. There is only a $15 difference versus an additional 5.5 mile drive to get your vehicle. Fehst stated that he was questioned as to why he brought this to the Council. It was to eliminate debate. Fehst indicated that he is required to continue a service. The Council could reconsider this, but the result may be the same. Fehst stated that Council member Williams could vote on this, but chooses not to. Nawrocki asked who Hoeft spoke to at the LMC. Hoeft stated Chris Smith, Research Analysis. Nawrocki stated that the newsletter article on the budget does not refer to any property tax increase. He again told of the newspaper article he spoke of at the last meeting regarding reducing employees. Nawrocki questioned the hiring of the new Library Director. Fehst stated he visited both cities where the candidates were directors. There is a final decision pending. Nawrocki suggested considering the acting director. Peterson stated we are working through the process. Williams referred to the Heights Happening acknowledgment of the Award of Excellence we received and indicated we should add the GFOA award. People need to see the professional financial excellence of our city. Report of the City Attorney CITIZENS FORUM Catherine Vesley, 5135 Matterhorn Drive, referred to the Sister Cities Art Program, stating that the judges are volunteers and rotate. She wanted us to appreciate that this is a national committee award and suggested the Council write a letter to the International Sister Cities Committee thanking them for this program. Peterson asked that we remember our service men and women. Keep them in your thoughts and 10 City Council Minutes Monday,July 23,2012 Page 7 of 10 prayers. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:06 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012-89 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 Fred Sila(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4344 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 June 14,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 3,2012 inspectors for the City of Columbia Heights,inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 14,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 11,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall repair front door screen b. Shall immediately replace/repair the missing/non-working smoke detector in this unit. On the main floor, upstairs, and basement c. Shall install an approved CO detector in the upstairs d. Shall repair/replace the front steps e. Shall replace the broken windows on basement,south side f. Shall remove the siding in the back yard g. Shall install address numbers in the following location(s)—rear h. Shall remove all/any vehicles from landscaped areas of the property. Vehicles can only be parked on concrete or asphalt/tar parking pads or driveways. In back i. Shall repair/replace the screen(s)on the building j. Shall scrape and paint wherever there is peeling paint on the structure. 2 11d floor,rear, window in front k. Shall replace all/any missing storm windows on the building 1. Shall repair/replace the rotten trim on the garage service door m. Shall scrape and paint wherever there is peeling paint on the structure. Trim around the door in rear n. Shall install address numbers in the following location(s)—numbers in front must be a contrasting color 5. That all parties, including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11627A is hereby revoked. 11 City Council Minutes Monday,July 23,2012 Page 8 of 10 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2012-92 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Brad Truong(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 5005 7`h Street NE,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 June 27,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 21,2011 inspection office staff sent a letter requesting the owner of the property 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 June 27,2012 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: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 F11488 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION NO.2012-082 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUILDING LOCATED AT 5150 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS WHEREAS,a proposal (Case#2012-0701)has been submitted by David Lu, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new building facade for the property located at 5150 Central Avenue NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on July 10,2012; 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 12 City Council Minutes Monday,July 23,2012 Page 9 of 10 NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,that the Planning and Zoning Commission accepts and adopts the following findings: 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 year after the approval date,subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials,maps,drawings and descriptive information shall become part of the permit. RESOLUTION NO.2012-083 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR DAVID LU WHEREAS,a proposal(Case#2012-0701)has been submitted by David Lu to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 150-square foot area variance for wall signage per Code Section 9.106(P)(13)(a)1. WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10,2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the community and its Comprehensive Plan,as well as any concern related to traffic,property values,light,air,danger of fire,and risk to public safety,in the surrounding area; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography,or other conditions of the specific parcel of land involved,strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant,however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment,use,development or value of property or improvements in the vicinity. FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become part of this variance and approval;and in granting this variance the city and the applicant agree that this variance 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: 13 City Council Minutes Monday,July 23,2012 Page 10 of 10 1. All application materials,maps, drawings,and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO.2012-084 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR YOUSEF ABUHEKAL WHEREAS,a proposal(Case#2012-0702)has been submitted by Yousef Abuhekal to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b); a 5-foot side yard setback variance for parking per Code Section 9.110(C); and a variance to allow two(2) less parking stalls than the minimum requirement per Code Section 9.106(L)(10). WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10,2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the community and its Comprehensive Plan,as well as any concern related to traffic,property values,light,air,danger of fire,and risk to public safety, in the surrounding area; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography,or other conditions of the specific parcel of land involved,strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant,however,is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment,use,development or value of property or improvements in the vicinity. FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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 application materials,maps,drawings,and descriptive information submitted with the application shall become part of the permit. 2. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in the designated off-street parking area than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires,or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited,unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors,gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. 14 APPROVED AS AMENDED 8/1/12 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES July 3,2012 The meeting was called to order by Chair Patricia Sowada,at 6:30 p.m. Members present were:Nancy Hoium, Steve Smith,Patricia Sowada,Barbara Tantanella,and Catherine Vesley.Also present: Library Director Becky Loader and Children's Librarian Mai Kao Xiong.Not Present: City Council Representative Tami Diehm and Recording Secretary Stacey Hendren. The Board welcomed Mai Kao Xiong to the meeting. The Board wished Loader a happy retirement and presented her with roses. The minutes of the June 6,2012 Board meeting were approved as mailed. The bill list dated 6/13/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The bill list dated 6/20/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The bill list dated 6/27/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2012 accounting dated 7/3/12 was reviewed. The Board noted accrued salaries and the expected replacement of two computers. Old Business: 1. The Library Task Force conducted a successful listening session on June 25th. Summaries will be available after the next meeting. On June 18th,Cindy McCleary presented information on marketing and design. McCleary discussed cost estimates based what the library needs and currently owns. The Task Force will conduct field trips to get ideas. Eric Brown, Contegrity Group, spoke on construction estimates. The Board discussed the space needs study that is 24 years old which doesn't include computer stations,and the positive reaction to a drive-up book drop. 2. The Board considered the Jamboree booth a success. Many surveys were handed out and many kids received tattoos and bookmarks. 3. Attendance for the"Live at the Library"program was down this year,though the performers were very good. The Board discussed possible changes in the future including a series of events and different dates. Anoka County Libraries have new staff assigned to the Legacy funds who will be looking at the event and possible alternatives. 4. The budget hearing will take place on July l lth Loader felt that there are few necessary changes and a report will be made at the August meeting. 5. Thirty-nine applications were received for the Page position. Six interviews will take place the week of July 9th Loader will come back to assist with interviews and Ramon Gomez will train the Pages,with help from other staff as needed. 1- 7/3/12 15 New Business: 1. The May crossover statistics were reviewed by the Board. The Board discussed the cost of a self-check machine. A self-check machine would be considered in a new building. 2. The Board reviewed the Unique Management Status Report for May. The Library has received over $4,000 back in materials. The Board discussed the theft ring that is currently being investigated. Loader notified the Board that Columbia Heights has lost over$1,000 in materials. 3. The Board discussed the"Community Engagement"article ,noting the Task Force as a key to successful and well managed community engagement effort. The volunteerism of the millennial generation was discussed. 4. A resolution in recognition of Gianna Ritzko was read and reviewed by the Library Board. Ritzko graduated from St. Anthony High School in June 2012 and will continue to work as a Library Page while attending St. Catherine's University in the fall. The Resolution was offered for consideration by Hoium. Hoium moved to approve the resolution in recognition of Gianna Ritzko. The motion was seconded, and passed. Items from the Floor: 1. The Board was reminded of the meeting at City Hall on July 10,2012 from 10-10:45 to meet and interview the candidates for Library Director. Questions were suggested by Loader for the Board to ask and the Board discussed how to approach the interviews. Loader and Hendren will be in attendance. Board members will ask the following questions; Sowada on grant writing,Tantanella on community engagement, Hoium on administrative experience, Smith on building campaigns, and Vesley on strategic planning. Board members should contact Linda Magee,or Walt Fehst the next morning with comments. 2. The Board discussed the auditors and the fact that the library now has a sufficient amount in the reserve account. There being no further business, the meeting was adjourned at 7:58 p.m. Respectfully submitted, Catherine Vesley 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. 2- 7/3/12 16 City of Columbia Heights Park and Recreation Commission June 27,2012 Eileen Evans called the meeting to order at 5:34 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director; Gary Peterson, Mayor; Keith Windschitl,Recreation Director; Deanna Saefke, Secretary APPROVAL CONSENT AGENDA Evans asked about whether or not dogs are allowed at Silver Lake Beach in the swimming beach area. Hansen stated that it is a City Ordinance that dogs are not allowed in the swimming beach area. He indicated if the Commission wanted to add signage to state that it could be done,but it would only be enforced at a low level of priority. Evans asked if it is acceptable for Commission Members to approach people at the parks. Hansen replied that as a public citizen they can inform people of the rules or policies within the parks. Motion by Hoium, second by Payne, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS None at this time. OLD BUSINESS A. Sullivan Lake smoking and bike use policy. Windschitl reminded the Commission about the history with a resident concern with Medtronic employees smoking near the Sullivan Lake trail. Medtronic has issued a campaign for employees with concern to park users. Windschitl has been in contact with the resident and with multiple employees at Medtronic to work out what he believes will be a solution to fit all parties involved. Hoium asked what the exact issue is with the smoking. Windschitl replied that the resident's concern is while walking on the path the smokers are on or next to the path and walkers need to go through the smoke. Stroik indicated there is not a no smoking ordinance in any area of the park other than the ones indicated where youth activities may occur. Windschitl agreed and indicated to both parties involved that he does not want to put additional signs in the park area. Hoium stated that there is no policy that indicates you cannot smoke near the park trails. Windschitl agreed that if any additional policy or changes to the current tobacco free policy were to occur it would be voted on by the Commission. Hansen indicated that the other concern from this resident was regarding use of bikes on the trials. Current guidelines from MNDot on a combined usage trail recommend a trail to be ten feet wide. Hansen stated that none of the trails within City parks are ten feet wide. The trail at Sullivan Lake on the north loop is separated in two five foot wide trails and then combines to an eight foot wide trail around the rest of the park. The resident has had incidents where bikes are coming close to pedestrians and potential for incidents. There is no ordinance that regulates bicycles in or on the trials; there is guidance from MNDot,but no enforceable ordinance. The other issue is that when regulations are put in place with no ability to enforce the City incurs liability issues. Hansen stated that the parks and trails are a use at your own risk area. In 2003 or 2004 an analysis was taken of all the signage at Sullivan Lake Park, it was at that time decided by the Park&Recreation Commission to remove many of the signs due to sign proliferation. 17 Park& Recreation Commission June 27, 2012 Page 2 Peterson asked if there was a line down the middle of the trail. Hansen replied no. He indicated that there are possibly conflicting signs around the park and suggested for them to be updated. Stroik replied that any no smoking or no biking signage doesn't belong in the park unless the City is going to make that a policy. Hansen replied that if the Commission did want to move forward with any regulations it would go through to the City Council as an ordinance. For any type of signage to be enforceable the only group responsible for that type of authority would be the police. Education and etiquette can be shared,but park users are there at their own risk. McDonald replied that this type of situation with bike users and walkers happen at all kinds of parks throughout the state. Payne asked if there is ten feet of space around Sullivan Lake for a trail. Hansen replied that the ten feet wide trail is a guidance,however if the trail was on a state aide road it would be requirement. He indicated that Sullivan Lake Park will be due for some trail maintenance and work in the future as there are roots coming up through the trail. Motion by Payne, second by Greenhalgh,that the Park& Recreation Commission does not recommend any new signage at Sullivan Lake Park and removal of old signage with outdated info'illation. Motion amended by Hoium,second by Payne, that there is no violation of the Tobacco Free Policy in this particular instance for Sullivan Lake Park. Upon vote: All ayes. Motion carried. NEW BUSINESS A. Adopt a Park: Policy Development Hansen reported that a general policy was created. He asked the Commission to review the generic policy and report back at the next meeting with any comments or changes. The purpose of the Adopt a Park policy will be to help keep the parks clean and to have help in reporting any damages at the parks. Hansen passed out a copy of the general Adopt a Park policy and an introductory letter for those who give a one year commitment to the Adopt a Park program. Evans stated that it is important to go out to the parks on a regular basis and more than 3 times per season. Hansen replied that it would be discussed on how frequent the park should be cleaned. He indicated that it would be phrased to have a park clean up in the beginning of the spring season to pick up the winter garbage prior to seasonal cutting and that the frequency of the cleanup might be phrased as a minimum of three times per year. Hansen will discuss the policy at the next scheduled meeting. McDonald asked if any groups have shown interest in the program. Hansen replied that eight to ten groups have expressed interest and six or seven parks have been requested. Windschitl indicated there have been questions if the City would be provided garbage bags and other supplies for these volunteer groups. Hansen replied that pickers, 5 gallon pails,bags and gloves if people want would be provided. Windschitl reported that there would be an article about the Adopt a Park program in the Heights Happenings City Newsletter. REPORTS A. Recreation Director Windschitl reported that on July 25 at 5:30 p.m. the Police Department will be having a neighborhood picnic and park rededication at Ramsdell Park. He asked if the Commission would be able to meet at 5:00 p.m.prior to the event for the regularly scheduled Park&Recreation Commission meeting. 18 Park& Recreation Commission June 27, 2012 Page 3 B. Public Works Director/City Engineer None at this time. C. Commission Members Stroik asked if the park sign at Ostrander Park could be replaced. Hansen replied yes. Evans reported that the latch on the portable restroom at Silver Lake Beach is broken. Hansen replied that it will be reported to On-Site Sanitation. Evans adjourned the meeting at 5:58 p.m. to hold the LaBelle Park public meeting at 6:00 p.m. in the public safety building training room. PUBLIC MEETING A. LaBelle Park Public Meeting Hansen thanked the thirty residents for attending the meeting and introduced City Staff and the Park&Recreation Commission Members. He explained the process of park improvements and the master planning process. The aerial photograph showed the current conditions with an inventory and analysis of the park area. LaBelle Park also includes the Circle Terrace playground. Hansen also displayed two park concepts. This park is a passive park; the goal is to preserve the natural state of the park setting with no expansion. Hansen directed comments to be emailed to him, or made at the public library where the concepts will be displayed until July 15. Hansen discussed the two park concepts and proposed changes to LaBelle Park. Public Comments Will the path be re-graded? Will the boardwalk be removed or gates put in to block off the current area? Will trees be removed or brush removed to see the lake better? Where a portable restroom would be placed? The playground in concept 1 has the playground too close to 42"d Avenue. In favor of removing the boardwalk area due to poor behavior in that area. The east side of the park along the Circle Terrace hill is filled with junk and can it be cleaned up? Remove the floating pier for maintenance and liability reasons. The plans look great and are happy that the City is making improvements at the park. Would like to see brush removed to have views of the lake. The geese are a problem along the trails. Cattails are taking over the water surface. Is there an issue with water quality or why would the well need to be sealed? There are weeds and burrs along the sides of the walking trail on the east side. Would like to see the removal of plant material in the lake. Would like to see an open green space for kids to play soccer, football or other type of lawn games. Will these improvements affect property taxes? Will any lighting be added? There are a lot of bad activities that occur,especially in the basketball court. Would the memorial be relocated? Would like to see removal of the rotted out boardwalk area before any improvements are made? Additional trees are not needed. Add grills and picnic tables. What is the plan for the sculpture? Hansen responded to the comments and concerns. He encouraged additional comments via email or leaving comments at the library until July 15. Hansen informed the group that the comments and input will be reviewed by the park planner, City Staff,and the Park& Recreation Commission. The City Council will then be presented with a final plan to vote on. He stated that the earliest construction would begin is in 2013 depending on funding. Source funding is from redevelopment within the City and typically not property taxes. Hansen adjourned the meeting at 7:00 p.m. Deanna Saefke, Recreation Clerk Typist II 19 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 13, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL 74/---- ITEM: Establish Meeting Date to BY: Patty Muscovitz BY: Canvass 2012 Primary Election Results NO: DATE: July 26, 2012 DATE: It is necessary to establish a date to canvass the 2012 Primary Election results. It is recommended the canvass meeting be scheduled for Thursday, August 16, 2012,beginning at 6:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish the Canvass of the 2012 Primary Election results for Thursday, August 16, 2012 beginning at 6:00 p.m. in the City Council Chambers. COUNCIL ACTION: 20 CITY COUNCIL LETTER Meeting of: August 13, 2012 GENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ESTABLISH DATE FOR 2012 PUBLIC BY: K. Hansen BY: SPECIAL ASSESSMENT LEVY HEARING FOR: DATE: 8/7/12 DATE: ZONE 6 SEAL COAT PROGRAM, ZONE 7 STREET REHABILITATION, ALLEY AND SIDEWALK CONSTRUCTION, AND DELINQUENT ACCOUNTS. Background: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2013 tax statement, the assessment hearing needs to be held on or before October 15, 2012. Analysis/Conclusions: Staff is recommending Monday, October 1, 2012 for the Assessment Hearings on the following projects: 1. Zone 6 Seal Coat 2. Zone 7 Street Rehabilitation 3. City Project#1111 Concrete Alley Construction and City Project#1209 Sidewalk Construction 4. 2012 Delinquent Accounts Recommended Motion: Move to establish Monday, October 1, 2012 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project#1201 Zone 6 Seal Coat Project, to be held in the City Council Chambers. Recommended Motion: Move to establish Monday, October 1, 2012 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project#1202 Zone 7 Street Rehabilitation, to be held in the City Council Chambers. Recommended Motion: Move to establish Monday, October 1, 2012 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project#1111 Concrete Alley Construction, and City Project#1209 Sidewalk Construction, to be held in the City Council Chambers. Recommended Motion: Move to establish Monday, October 1, 2012 at 6:45 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. COUNCIL ACTION: 21 CITY COUNCIL LETTER Meeting of: August 13, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS jor_Zior ITEM: FINAL PAYMENT FOR ZONE 6 SEAL COAT BY: K.Hansen BY: PROJECT NO. 1201 DATE: 8/7/12 DATE: Background: The contractor has completed the 2012 Seal Coat project. This program consisted of applying an asphalt emulsion and cover aggregate on bituminous streets in Zone 6. Analysis/Conclusions: Approximately 50%of the seal coat is being funded through assessments and 50% is being paid for by the infrastructure fund. Staff recommends final payment to the contractor, as work has been completed in accordance with the contract documents. Recommended Motion: Move to accept the work for 2012 Seal Coat, City Project No. 1201 and authorize final payment of$148,138.50 to Allied Blacktop Company of Maple Grove, Minnesota. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 22 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2012 STREET SEAL COAT PROJECT ZONE 6 CITY PROJECT NU B ER 1201 August 8, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONO' . BLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted of bituminous seal coat application. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $139,000.00 CHANGE 0' i ERS $ 9,473.75 FINAL CONTRACT AMOUNT $148,473.75 FINAL WORK APPROVED $148,138.50 ALL PRIOR PAYMENTS ($ 0.00) BALANCE DUE $148,138.50 Sincerely, li'N) C OF C t LUMBIA HEIGHTS .-- Ke n R. a -sen City Engineer 23 CITY COUNCIL LETTER Meeting of: August 13, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS _ ITEM: GRANT AGREEMENT WITH BY K. Hansen BY ANOKA COUNTY FOR IMPROVEMENTS DATE: 8/8/12 DATE: TO RECYCLING CENTER Background: Anoka County again offered a Recycling Center Enhancement Grant Program for 2012. City staff submitted a grant application in June and requested $50,000 to install a drive-thru with an exit driveway and a used oil tank for residents. The Anoka County Board of Commissioners reviews and approves grant requests from various localities in the county (see attached award letter). The City is not required to match the grant funds below $50,000. The Recycling Center provides a convenient method for local residents and businesses to recycle items such as scrap metal, used oil and filters, tires, cardboard,paper, cans, and bottles. Recycling materials gathered at the center are added to our SCORE report community tonnages. Analysis/Conclusions: The Recycling Center grant was developed by Anoka County to improve recycling facilities throughout the county and to increase promotion of recycling opportunities for residents. Currently there is only one gate for entry into the drop-off center. This requires residents to park on the street and walk their items into the center or back their vehicle into the center for large loads. There are potential hazards with vehicles backing into the center at the same time there are people walking past for drop-off. The proposed plan will allow vehicles to enter the center from Madison Street and exit onto 38th Place, at an estimated cost of$48,000 (see attached overlay of the proposed design). This will greatly increase the convenience to residents as they will only need to drive through the center and drop-off materials. A container for residential used oil at a cost of$2,800 is proposed for the Recycling Center as well, versus the current practice of dumping oil into the City shop tank. The shop tank was not designed for dumping directly into the tank and residents have to climb a ladder to dump into a small spout at the top of the tank. Another benefit of the new layout plan is that additional square feet will be dedicated to the drop-off center allowing other items to be collected, such as a `hard' plastics bin. This work was previously bid under the 2012 Street Rehabilitation Program as an alternate. Recommended Motion: Move to accept the Recycling Enhancement Grant in the amount of$50,000 with Anoka County for improvements to the Recycling Drop-off Center, and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Grant Award Letter Proposed Design Overlay COUNCIL ACTION: 24 * .... Co TY OF ANO A OFFICE OF COUNTY BOARD OF COMMISSIONERS GOVERNMENT CENTER 2100 3RD AVENUE STE 700-ANOKA,MN 55303-5024 NO A (763)323-5700 CCOUNTY July 24, 2012 -IsCriiVE1 JIM A.KORDIAK County Commissioner JUL 27 2012 District#4 naLIC WORKS Jesse Davies Special Projects Coordinator City of Columbia Heights 590-40 Ave NE Columbia Heights, MN 55421 On July 24, 2012,the Anoka County Board approved the recommendations made by the grant review team for the 2012 Recycling Enhancement Grant Program. The team met on July 13, 2012, and was made up of Sherry Fiskewold, City of Oak Grove;Wanda Brown, City of Spring Lake Park; Carolyn Smith and myself. The team was impressed with the proposals and felt they offered great improvements to existing recycling efforts. After reviewing the eight applications,the committee recommended a total allocation of$245,557.94. The specific allocations are as follows: Andover $50,000.00 Coon Rapids $25,620.74 Anoka $10,008.20 East Bethel $29,210.00 Blaine $25,065.00 Lino Lakes $25,654.00 Columbia Heights $50,000.00 Ramsey $30,000.00 While we were not able to fully fund all of the requests, we believe that these allocations will provide needed resources to further our goal of increasing the amount of material recycled in the county and providing innovation and efficiency for our recycling activities. Grant amendments to our 2012 Residential Recycling Agreements will be provided shortly. Carolyn Smith will be in touch with you to assist you in these efforts. We thank you for your initiative and I look forward to working together with you on these projects. Sincerely, , I . ti ro 1 m Kordiak, Chair 1i9,,,m4t. Waste Management and Energy Committee JK:kr FAX: 763-323-5682 Affirmative Action/Equal Opportunity Employer TDD/TTY: 763-323-5289 25 I B612 CONCRETE CURB AND GUTTER REMOVE 25' CURB CONSTRUCT CONCRETE REMOVE BITUMINOUS CURB & GUTTER RESTORE TURF WITH APRON SEED & BLANKET RE—GRADE SITE ADJUST EXISTING STORM MANNHOLEE CASTING DEPRESSED CONTAINMENT AREA 38TH I PLACE B612 CONCRETE EXIT 93,5 CURB AND GUTTER /.'x w 195.5 111 ' � , ,�4" CONCRETE �/ � •, \ ,y*,i 11 r Z 2B3 F.Y kF; 6�i 1� n' / Ya-19569 1-i.�� \` � Z ,� ����I�f ��� GRIVE AISLE �. O m 1 t .9',z of ",, x,;:e . /� l 186.25(EX)K u 195.70/ q� f .19672 105.X C Illi1�_ . �'_—-397,05_1'714 MI.197 0 MATCH EXISTING I 0000 i iii._ )7159) 1 REMOVAL & CONSTRUCTION OF PROPOSED FENCE (1) CONCRETE STEP (BY OTHERS) CONCRETE MEDIAN 8612 CONCRETE ALTERNATE #20 CURB AND GUTTER CITY — RECYCLING YARD SCALE 1'= to 26 CITY COUNCIL LETTER Meeting of: August 13,2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2012-102 AUTHORIZING THE BY: Kevin Hansen BY: CITY OF COLUMBIA HEIGHTS TO ENTER INTO DATE: 07/26/2012 DATE. TRAFFIC CONTROL SIGNAL AGREEMENTS NO. 01592R AND 01593R WITH MNDOT AND ANOKA COUNTY Background: Near the end of 2007, Mn/DOT informed us that signal projects had been scheduled for reconstruction on TH's 65 and 47 in 2012 and in 2013. Prior to awarding a contract for the project, a traffic control signal agreement(prepared by Mn/DOT) for construction cost/operation,power and maintenance between the State,Anoka County and the City of Columbia Heights must be fully executed. Current Mn/DOT policy determines the cost participation, operation and maintenance responsibilities. Cost percentages are based on the percentage of legs controlled by each roadway authority. Attached are Traffic Control Agreements 01592R and 01593R for TH 47 (University Avenue at County State Aid Highway No. 2 (40th Avenue NE) and TH 65 (Central Avenue) at County State Aid Highway No. 4 (49`x'Avenue NE). Analysis/Conclusions: The Traffic Signal Agreement by MnDOT is attached and details the construction of the project and ongoing maintenance of the signal systems including: • Signal indications with light emitting diodes (LED). • Inductive loop detection installed within nonmetallic conduit(NMC) • Emergency vehicle preemption systems (EVP- detectors, confirmatory lights and cabinet equipment). • Luminaires over the appropriate mainline signal poles (un-metered power). • Signal poles will be galvanized steel,painted. Pedestal shafts and bases will be anodized aluminum. • Appropriate pedestrian crossings with Accessible Pedestrian Signals (APS) (audible pedestrian push buttons), LED countdown pedestrian indications, and pedestrian curb ramps with truncated domes. Note: Pedestrian curb ramp work usually requires replacing sidewalk and curb & gutter adjacent to the curb ramp areas. • LED Mast am signs (Street names). • Crosswalk pavement markings. • Interconnection between 49th Avenue and 52nd Avenue on Central Avenue will be perpetuated. • Maintenance Responsibilities: MN/DOT will be responsible for operation and major maintenance including EVP. The City is responsible for minor signal maintenance and for minor luminaire maintenance, including relainping, cleaning and painting of the poles and mast arms and internally lit street name signs. The City's share of the signal system replacement is $131,125.50, with funding provided through State Aid. Staff recommends adopting the resolution that authorizes the City of Columbia Heights to enter into Traffic Signal Agreement Nos. 01592R and 01593R with the Minnesota Department of Transportation and Anoka County for TH 47 (University Avenue at County State Aid Highway No. 2 (40th Avenue NE) and TH 65 (Central Avenue) at County State Aid Highway No. 4 (49`''Avenue NE). Recommended Motion: Move to waive the reading of Resolution No. 2012-102, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012-102,being a resolution authorizing the City of Columbia Heights to enter into Agreement Nos. 01592R and 01593R with MnDOT and Anoka County for replacement and maintenance of the Traffic Signal System on TH 47 at 40`x'Avenue and TH 65 at 49th Avenue. Attachments: Resolution 2012-102,Agreement Nos.01592R and 01593R COUNCIL ACTION: 27 RESOLUTION NO. 2012-102 AUTHORIZING AGREEMENT NOS. 01592R AND 01593R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND ANOKA COUNTY FOR THE REPLACEMENT AND MAINTENANCE OF THE EXISTING TRAFFIC CONTROL SYSTEM ON TRUNK HIGHWAY 47 AT 40TH AVENUE AND TRUNK HIGHWAY 65 AT 49TH AVENUE WHEREAS, the traffic control systems on TH 47 at 40th Avenue NE and TH 65 at 49th Avenue NE have reached their useful life; and, WHEREAS, MnDOT has planned to reconstruct the existing traffic controls systems; and, WHEREAS, the cost of the improvements are apportioned based upon MnDOT's Signal Participation Cost Share Policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights to enter into an agreement with the State of Minnesota, Department of Transportation and the County of Anoka for the following purposes: To provide for payment by the City to the State for the City's share of the costs of the Signal System, APS, EVP System and Internally Lit Signs construction and other associated construction to be performed on Trunk Highway No. 47 (University Avenue) at 40th Avenue NE within the corporate limits of Columbia Heights under State Project No. 0205-97 and State Aid Project No. 113-010-019 (TH 47=1565) and Trunk Highway No. 65 (Central Avenue) at 49th Avenue, State Project No. 0207-96 and State Aid Project No. 113-010-018 (TH 65=005), in accordance with the terms and conditions set forth and contained in Agreement Nos. 01592R and 01593R, copies of which were before the City Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreements and any amendments, and thereby assume for and on behalf of the City of Columbia Heights all of the contractual obligations contained therein. Dated this 13th day of August, 2012 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 28 Minnesota Depa ent of Transportation Page 1 of 2 " � Metropolitan Division Traffic Engineering Allan Espinoza Phone#:(651) 234-7812 Waters Edge Building, 2nd Floor South Fax#: (651) 234-7850 1500 West County Road B-2 Roseville, Minnesota 55113-3105 Date: July 23,2012 To: Kevin Hansen,Columbia Heights Public Works Director(or successor) 590 40t Avenue NE Columbia Heights,MN 55421 (763)706-3705 �n , From: Allan Espinoza Subject: Agreement No. 01592R JUL 2 5 2012 S.P. 0205-97 (T.H. 47=156) PUBIC WORKS S.A.P. 113-010-019 Dear Mr. Hansen, Enclosed, for your review, please find four (4) original 1-sided copies and one original 2-sided copy of Traffic Control Agreement 01592R between the State, Anoka County, and the City of Columbia Heights. Recommended Council resolutions are included also. Once the four (4) original 1-sided copies have been approved, please forward them to the proper officials for execution. Each original agreement must be accompanied by an original Council resolution. Please expedite the process as time is of the essence. The original 2-sided copy is for City of Columbia Heights records. Please return the four (4) original executed agreement and resolution copies to me for execution by MnDOT. When the agreements and resolutions have been fully executed by MnDOT, an original copy will be sent to Anoka County and Columbia Heights. I have sent a duplicate package to Doug Fischer at Anoka County. If you have any questions,please call me. Respectfully, Allan Espinoza Metropolitan District Traffic Engineering 29 Page 2 of 2 CC: Doug Fischer,Anoka County Engineer(or successor) 1440 Bunker Lake Road,NW, Andover, MN 55304 (763) 862-4213 Doug.fischer@co.anoka.mn.us Wayne Norris, WE* Mark Lindeberg, WE* Gayle Gedstad, WE* Cindy Krumseig, WE* Maryann Kelly Sonnek, CO* Steve Misgen, WE* Chris Bosak, WE* Linda Heath,MESU* James Deans, CESU* Mike Gerbensky, WE* Dick Pientka, CO* Lanette Zaiger, CO* District File, Control Section#0205 * =Electronic Copy 30 Mn/DOT Contract No: 01592R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF COLUMBIA HEIGHTS And ANOKA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number(SP): 0205-97 City: Total Obligation $76,464.00 State Aid Project Number: 113-010-019 Trunk Highway Number(1'H): 47=156 System I.D. 20670 County Total Obligation $57,240.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and City of Columbia Heights acting through its City Council("City")and Anoka County acting through its Board of Commissioners("County"). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal Pole Mounted Luminaires'and Interconnect("Signal System"),and Internally Lit Signs(Internally Lit Signs), on Trunk Highway No.47(University Avenue)at County State Aid Highway No. 2 (40th Avenue NE), in the City of Columbia Heights,Anoka County,Minnesota,according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 0205-97(T.H.47=156)("Project"); and 2. The State will install an Emergency Vehicle Pre-emption System ("EVP System")and Accessible Pedestrian Signals("APS") as part of the new Signal System; and 3. The State will furnish a cabinet and controller("State Furnished Materials"),according to the Project Plans, to operate the Signal System covered under this Agreement; and 4. The City and County wish to participate in the costs of the Signal System,APS,Internally Lit Signs,EVP System construction, State Furnished Materials lump sum amounts, and associated construction engineering; and 5. The City, at its cost and expense,wishes to have the Traffic Control Signal System painted; and 6. The City and the State will participate in the operation and maintenance of the new Signal System,APS, EVP System,and Internally Lit Signs. 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation,the following clauses: 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law;Jurisdiction;Venue; and 14. Force Majeure. -1- 31 Mn/DOT Contract No: 01592R The terms and conditions set forth in Article 3. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement,but may be terminated by another Agreement between the parties. 1.4. Plans,Specifications,Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 0205-97 (T.H. 47=156)are on file in the office of the Commissioner of Transportation at St. Paul,Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits.Preliminary Schedule"I" is on file in the office of the City Engineer and County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction,Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract,and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction,which may include City and County participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City and or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System,Internally Lit Signs,and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System,Internally Lit Signs,and EVP System on Trunk Highway No.47 (University Avenue)at County State Aid Highway No. 2(40th Avenue NE). 3.1. City Responsibilities A. Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System,and Internally Lit Signs. B. Minor Signal System Maintenance. The City will provide for the following,without cost to the State. i. Maintain the signal pole mounted luminaires and all internal components,including replacing the luminaires and lamps when necessary. ii. Replace the Signal System L.E.D. indications. iii. Clean the Signal System controller cabinet and service cabinet exteriors. -2- 32 Mn/DOT Contract No: 01592R iv. Clean and paint the Signal System and luminaire mast arm extensions. v. Relamp,maintain and operate the Internally Lit Signs. 3.2. State Responsibilities A. Interconnect; Timing; Other Maintenance. The State will maintain the interconnect and signing, and perform all other Signal System,APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed,operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles,as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units,if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii.above are violated, and such misuse or violation continues after the City receives written notice from the State,the State may remove the EVP System. Upon removal of the EVP System(s)pursuant to this Paragraph,all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. Right of Way Access.Each party authorizes the other parties to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. i. This agreement will supersede and terminate the operation and maintenance terms of Agreement No. 69741, dated January 13, 1993,between the City,the Cities of Blaine,Fridley, and Minneapolis, and the County and the State for the intersection of Trunk Highway No. 47(University Avenue)at County State Aid Highway No. 2(40th Avenue NE).The Cities of Blaine,Fridley,and Minneapolis will be sent a letter of termination for this intersection. ii. This agreement will supercede and terminate the EVP operation and maintenance terms of Agreement No. 76694,dated September 22, 1997, between the City and the State for the intersection of Trunk Highway No.47(University Avenue)at County State Aid Highway No. 2(40th Avenue NE). 4. Basis of City and County Cost 4.1. SCHEDULE "I". The Preliminary SCHEDULE "I" includes all anticipated City and County participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City and County Participation Construction. The City and County will participate in the following at the percentages indicated. The City and County will be billed for the match of their cost participation as shown on the Schedule "I". City and County costs will include an amount equal to all City and County participation construction, State Furnished Materials,painting,Internally Lit Signs,and associated construction engineering. -3- 33 Mn/DOT Contract No: 01592R A. Signal System,APS, and State Furnished Materials on Trunk Highway No.47(University Avenue)at County State Aid Highway No. 2 (40th Avenue NE). i. 25 Percent will be the City's rate of cost participation. ii. 25 Percent will be the County's rate of cost participation. B. EVP System on Trunk Highway No.47 (University Avenue)at County State Aid Highway No.2 (40`1 Avenue NE). 50 Percent will be the City's rate of cost participation. C. Internally Lit Signs on Trunk Highway No. 47(University Avenue) at County State Aid Highway No. 2 (40th Avenue NE). 100 Percent will be the City's rate of cost participation. D. 100 Percent will be the City's rate of cost participation for painting of the Signal System on Trunk Highway No.47(University Avenue)at County State Aid Highway No. 2(40`h Avenue NE). 4.3. Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes,Additional Construction,Etc. The City and County,respectively,will share in the costs of construction contract addenda,change orders and supplemental agreements that are necessary to complete the respective City and or County participation construction covered under this Agreement, including any City and or County requested additional work and plan changes. The State reserves the right to invoice the City and or County for the cost of any additional City and or County requested work and plan changes,construction contract addenda, change orders and supplemental agreements,and associated construction engineering before the completion of the contract construction. 5. City and County Cost and Payment 5.1. City and County Cost. $76.464.00 is the City's estimated share and$57,240.00 is the County's estimated share of the costs of the contract construction, State Furnished Materials, painting,Internally Lit Signs, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I"was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised SCHEDULE "I"based on construction contract unit prices. 5.2. Conditions of Payment. The City and County will pay the State their respective full and complete lump sum amounts, as shown in the Revised SCHEDULE "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised SCHEDULE "I". 5.3. The City and County's receipt of a written request from the State for the advancement of funds.The City's and County's payment will not be due until after January 15,2013. 5.4. Acceptance of the City and County's Cost and Completed Construction.The computation by the State of the amount due from the City and County will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be final,binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. 5.5. Final Payment,Additional City and County Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement,the State will prepare a Final SCHEDULE "I" and submit a copy to the City and County. The Final SCHEDULE "I" will be based on final quantities of any additional City and or County requested participation construction -4- 34 Mn/DOT Contract No: 01592R items and the construction engineering cost share due to additional requested work.The computation by the State of the amount due from the City and County will be final,binding and conclusive. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Allan Espinoza,Mn/DOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 County Road B2 West,Roseville, MN 55113 Telephone: (651)234-7812 Fax: (651)234-7850 E-Mail: allan.espinoza@state.mn.us 6.2. The County's Authorized Representative will be: Name/Title: Doug Fischer,Anoka County Engineer,(or successor) Address: 1440 Bunker Lake Road,NW,Andover,MN 55304 Telephone: (763) 862-4213 E-Mail: Doug.fischer @co.anoka.mn.us 6.3. The City's Authorized Representative will be: Name/Title: Kevin Hansen, Columbia Heights Public Works Director(or successor) Address: 590 40th Avenue NE, Columbia Heights,MN 55421 Telephone: (763) 706-3705 E-Mail: Kevin.Hansen @ci.columbia-heights.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement,executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, City and County.No other understanding regarding this Agreement,whether written or oral,may be used to bind the parties. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. -5- 35 Mn/DOT Contract No: 01592R 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05,subdivision 5,the City and County's books,records, documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City, County and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to all data provided under this Agreement, and as it applies to all data created,collected, received, stored,used,maintained,or disseminated by the City and County under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County or State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 13. Termination. 13.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the perfo«uance of contract construction under the Project. Termination must be by written or fax notice to the City and County. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to, unusually severe weather,fire,floods, other acts of God, labor disputes,acts of war or terrorism,or public health emergencies. [The remainder of this page has been intentionally left blank] -6- 36 Mn/DOT Contract No: 01592R IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers . COUNTY OF ANOKA By Rhonda Sivarajah, Chair Board of Commissioners Dated; ATTEST By Jerry Soma County Administrator Dated: APPROVED BY By: Douglas W. Fischer, PE • County Highway Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: -7- 37 Mn/Dot Contract No. 01592R CITY OF COLUMBIA HEIGHTS DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By By State Design Engineer Date Title Approved as to form and execution: Date By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date -8- 38 CITY OF COLU :IA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 01592R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 47 (University Avenue)at County State Aid Highway No. 2 (40th Avenue NE) within the corporate City limits under State Project No. 0205-97. IT IS FURTHER RESOLVED that the and the critic) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Columbia Heights at an authorized meeting held on the day of , 2012, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2012 (Signature) Notary Public (Type or Print Name) My Commission Expires (Title) 39 ANOKA COUNTY RESOLUTION IT IS RESOLVED that Anoka County enter into Mn/DOT Agreement No. 01592R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the Traffic Control Signal(s) construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 47 (University Avenue)at County State Aid Highway No. 2 (40th Avenue NE) within the corporate City limits of the City of Columbia Heights under State Project No. 0205-97. IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Anoka County at an authorized meeting held on the day of , 2012, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2012 (Signature) Notary Public (Type or Print Name) My Commission Expires (Title) 40 I 1 I 0 0 0 0 a 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 O'O O O O O O C O C d 0 0 0 0 0 O rY r � A D O 0 0 N N tU 0 � W O J 0 06 0 '.0 0 o to 06 (. - N u? ,---, N 06 0 vi■o Et U 1 4, V) VI N 0 r^* r N N. N N O _O ++ O, rn 1 y.,� AY N O 0 d o o U mt N O N O N 6 N O 9 C..) N at 0 0 0 0 0 0 0 0 0 0 0 h 0 0 0 0 — CI' v: 0 0 0 0 0 , c 0 0 0., in H 'u O 0,00 0 0 v.) 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IF) °` Metropolitan Division Traffic Engineering Allan Espinoza Phone #:(651) 234-7812 Waters Edge Building, 2"d Floor South Fax#: (651) 234-7850 1500 West County Road B-2 Roseville, Minnesota 55113-3105 Date: July 23, 2012 To: Kevin Hansen,Columbia Heights Public Works Director(or successor) 590 40th Avenue NE Columbia Heights,MN 55421 (763) 706-3705 From: Allan Espinoza Subject: Agreement No. 01593R JUL 2 x" 01 S.P. 0207-96 (T.I-I. 65=005) S.A.P. 113-010-018 PUBLIC WORKS Dear Mr. Hansen, Enclosed, for your review, please find four (4) original 1-sided copies and one original 2-sided copy of Traffic Control Agreement 01593R between the State, Anoka County, and the City of Columbia Heights. Recommended Council resolutions are included also. Once the four (4) original 1-sided copies have been approved, please forward them to the proper officials for execution. Each original agreement must be accompanied by an original Council resolution. Please expedite the process as time is of the essence. The original 2-sided copy is for City of Columbia Heights records. Please return the four (4) original executed agreement and resolution copies to me for execution by MnDOT. When the agreements and resolutions have been fully executed by MnDOT, an original copy will be sent to Anoka County and Columbia Heights. I have sent a duplicate package to Doug Fischer at Anoka County. If you have any questions,please call me. Respectfully, Allan Espinoza Metropolitan District Traffic Engineering 42 Page 2 of 2 CC: Doug Fischer,Anoka County Engineer(or successor) 1440 Bunker Lake Road,NW, Andover, MN 55304 (763)862-4213 Doug.fischer@co.anoka.mn.us Wayne Norris, WE* Mark Lindeberg, WE* Gayle Gedstad, WE* Cindy Krumseig, WE* Maryann Kelly Sonnek, CO* Steve Misgen, WE* Chris Bosak, WE* Linda Heath,MESU* James Deans, CESU* Mike Gerbensky, WE* Dick Pientka, CO* Lanette Zaiger, CO* District File, Control Section#0207 * =Electronic Copy 43 Mn/DOT Contract No: 01593R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF COLUMBIA HEIGHTS And ANOKA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number(SP): 0207-96 City: Total Obligation $54,661.50 State Aid Project Number: 113-010-018 Trunk Highway Number(1'R): 65=005 System I.D. 21153 County: Total Obligation $59,062.50 This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and City of Columbia Heights acting through its City Council("City")and Anoka County acting through its Board of Commissioners("County"). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal Pole Mounted Luminaires and Interconnect("Signal System"),and Internally Lit Signs(Internally Lit Signs), on Trunk Highway No. 65 (Central Avenue)at County State Aid Highway No.4(49th Avenue NE), in the City of Columbia Heights,Anoka County, Minnesota,according to State-prepared plans, specifications and special provisions designated by the State as State Project No.0207-96(T.H. 65=005) ("Project"); and 2. The State will install an Emergency Vehicle Pre-emption System("EVP System")and Accessible Pedestrian Signals("APS")as part of the new Signal System; and 3. The Project includes salvaging and reinstalling an in-place traffic signal control cabinet and controller, according to the Project Plans,to operate the Signal System covered under this Agreement;and 4. The City and County wish to participate in the costs of the Signal System,APS,Internally Lit Signs,EVP System construction, and associated construction engineering;and 5. The City, at its cost and expense,wishes to have the Traffic Control Signal System painted;and 6. The City and the State will participate in the operation and maintenance of the new Signal System,APS, EVP System, and Internally Lit Signs. 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms;Plans 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses: 8.Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law;Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. Signal System and EVP System Operation and Maintenance -1- 44 Mn/L1OT Contract No: 01593R will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans,Specifications,Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 0207-96 (T.H. 65=005)are on file in the office of the Commissioner of Transportation at St.Paul,Minnesota,and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits.Preliminary Schedule "I" is on file in the office of the City Engineer and County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction,Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract,and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction,which may include City and County participation construction covered under this Agreement, and will enter into any necessary addenda,change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda,change orders and supplemental agreements to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City and or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State deteiniines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System,Internally Lit Signs,and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System,Internally Lit Signs, and EVP on Trunk Highway No. 65 (Central Avenue)at County State Aid Highway No.4(49th Avenue NE). 3.1. City Responsibilities A. Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System,EVP System,and Internally Lit Signs. B. Minor Signal System Maintenance. The City will provide for the following,without cost to the State. i. Maintain the signal pole mounted luminaires and all internal components,including replacing the luminaires and lamps when necessary. ii. Replace the Signal System L.E.D. indications. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal System and luminaire mast arm extensions. v. Relamp, maintain and operate the Internally Lit Signs. -2- 45 Mn/DOT Contract No: 01593R 3.2. State Responsibilities A. Interconnect; Timing; Other Maintenance. The State will maintain the interconnect and signing, and perform all other Signal System,APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State,and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01,subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are,in the opinion of the State,being misused or the conditions set forth in Paragraph ii. above are violated,and such misuse or violation continues after the City receives written notice from the State,the State may remove the EVP System. Upon removal of the EVP System(s)pursuant to this Paragraph,all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. Right of Way Access.Each party authorizes the other parties to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This agreement will supersede and teiniinate the operation and maintenance terms of Agreement No. 76965,dated June 11, 1998 between the City and the State for the intersection of Trunk Highway No. 65 (Central Avenue)at County State Aid Highway No. 4 (49th Avenue NE). 4. Basis of City and County Cost 4.1. SCHEDULE "I". The Preliminary SCHEDULE"I"includes all anticipated City and County participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement,and is based on engineer's estimated unit prices. 4.2. City and County Participation Construction. The City and County will participate in the following at the percentages indicated. The City and County will be billed for the match of their cost participation as shown on the Schedule "I". City and County costs will include an amount equal to all City and County participation construction, State Furnished Materials,painting,Internally Lit Signs, and associated construction engineering. A. Signal System and APS on Trunk Highway No.65 (Central Avenue)at County State Aid Highway No.4 (49th Avenue NE). i. 18.75 Percent will be the City's rate of cost participation. ii. 31.25 Percent will be the County's rate of cost participation. B. EVP System on Trunk Highway No.47 at County State Aid Highway No.2 (40th Avenue NE). 50 Percent will be the City's rate of cost participation. C. Internally Lit Signs on Trunk Highway No.47 at County State Aid Highway No. 2 (40th Avenue NE). 100 Percent will be the City's rate of cost participation. -3- 46 Mn/DOT Contract No: 01593R D. 100 Percent will be the City's rate of cost participation for painting of the Signal System on Trunk Highway No.47 at County State Aid Highway No. 2(40th Avenue NE). 4.3. Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes,Additional Construction,Etc. The City and County, respectively,will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the respective City and or County participation construction covered under this Agreement, including any City and or County requested additional work and plan changes. The State reserves the right to invoice the City and or County for the cost of any additional City and or County requested work and plan changes,construction contract addenda,change orders and supplemental agreements,and associated construction engineering before the completion of the contract construction. 5. City and County Cost and Payment 5.1. City and County Cost.$54,661.50 is the City's estimated share and$59,062.50 is the County's estimated share of the costs of the contract construction, State Furnished Materials,painting,Internally Lit Signs, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I"was prepared using estimated quantities and unit prices,and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised SCHEDULE "I"based on construction contract unit prices. 5.2. Conditions of Payment. The City and County will pay the State their respective full and complete lump sum amounts, as shown in the Revised SCHEDULE "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised SCHEDULE "I". B. The City and County's receipt of a written request from the State for the advancement of funds. The City's and County's payment will not be due until after January 155 2013. 5.3. Acceptance of the City and County's Cost and Completed Construction.The computation by the State of the amount due from the City and County will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be final,binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. 5.4. Final Payment,Additional City and County Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement,the State will prepare a Final SCHEDULE "I" and submit a copy to the City and County. The Final SCHEDULE "I" will be based on final quantities of any additional City and or County requested participation construction items and the construction engineering cost share due to additional requested work.The computation by the State of the amount due from the City and County will be final,binding and conclusive. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Allan Espinoza, Mn/DOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 County Road B2 West,Roseville,MN 55113 Telephone: (651)234-7812 Fax: (651)234-7850 E-Mail: allan.espinoza @state.mn.us -4- 47 Mn/DOT Contract No: 01593R 6.2. The County's Authorized Representative will be: Name/Title: Doug Fischer,Anoka County Engineer,(or successor) Address: 1440 Bunker Lake Road,NW,Andover,MN 55304 Telephone: (763) 862-4213 E-Mail: Doug.fischer @co.anoka.mn.us 6.3. The City's Authorized Representative will be: Name/Title: Kevin Hansen;Columbia Heights Public Works Director(or successor) Address: 590 40th Avenue NE, Columbia Heights,MN 55421' Telephone: (763)706-3705 E-Mail: Kevin.Hansen @ci.columbia-heights.mn.us 7. Assignment;Amendments; Waiver; Contract Complete 7.1. Assignment.None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, City and County.No other understanding regarding this Agreement,whether written or oral,may be used to bind the parties. 8. Liability;Worker Compensation Claims 8.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City and County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City, County and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to all data provided under this Agreement, and as it applies to all data created,collected, received, stored,used,maintained, or disseminated by the City and County under this Agreement.The civil -5- 48 Mn/DOT Contract No: 01593R remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County or State. 12. Governing Law;Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 13. Termination. 13.1.By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project.Termination must be by written or fax notice to the City and County. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to,unusually severe weather,fire,floods,other acts of God, labor disputes,acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- 49 Mn/DOT Contract No: 01593R IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. COUNTY OF ANOKA By Rhonda Sivarajah, Chair Board of Commissioners Dated: ATTEST By Jerry Soma County Administrator Dated: APPROVED BY By: Douglas W. Fischer, PE County Highway Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: -7.- 50 Mn/Dot Contract No. 01592R CITY OF COLUMBIA HEIGHTS DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By State Design Engineer By Date Title Approved as to form and execution: Date By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date -8- 51 CITY OF COLUMBIA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 01593R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 (Central Avenue) at County State Aid Highway No. 4 (49th Avenue NE)within the corporate City limits under State Project No. 0207-96. IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIYICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Columbia Heights at an authorized meeting held on the day of , 2012, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2012 (Si )gnature Notary Public (Type or Print Name) My Commission Expires (Title) 52 ANOKA COUNTY RESOLUTION IT IS RESOLVED that Anoka County enter into Mn/DOT Agreement No. 01592R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 (Central Avenue)at County State Aid Highway No. 4 (49th Avenue NE) within the corporate City limits of the City of Columbia Heights under State Project No. 0207-96. IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Anoka County at an authorized meeting held on the day of , 2012, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2012 ..., (Signature) Notary Public (Type or Print Name) My Commission Expires (Title) 53 11 1 , I ‘tr--9 t'--:0 0 C I 0 000 0 0 C0 trt c, . vi ea 74 -4-4 ni 6 6 6 NC -" = V 00 oo r- 1/40 -....' Awy 0 :. CD 0 0 ,-., et 1/40 0 co 0 -s..+ E2 (..) C) c° W.. te""r) '4:),.C."' ''9, 0 = y.9 tr 0i C4 ,.... N rec 0 (..4 0 V un trt It) m to V) U 69 .69 69 49 64 '4 ea . .,- co CV „....,. ea I CZ cai" ....... I N 0 -. .... 0 a; 0 cz 1 0 O .. -o., e. Q 'A•I I It'tf c.> e \::, :\- 0 't ,'1 c.0 0) '4'. ''''• .0; • cs O 0 , C t..: (0 O ..- U g., a. -,.. 0.. --. 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'-' 0 = - .'"2 1473 C.7) I 0 ,..9 • 00 , z 0 ci., el LT) i- I 0,)....41,b 0 9 0 tA 1 .•' '>'-, E :to a I o an E ,0 2 g cis ci) w •-.)! 0 01 ,., .3 ,,, — 7 , ‹? d0,1 ol v E- tn 0 1/4,0 0 r4_ an i, g . g ' ' Vi ..g' kri E bt 70 0 — a c .... 0 (.a.d.., 2 0 al ' c‘-1 i 0 0 co ,-. - 1 I r'l "-I I I':-'I Rj R .° )I V) ri)1 E- co - i :..`..) 1 , ....,;:„........,...... ea f 1 : ' ' 1 i : ! ; 1 1 1 , i , 1 i :. , ' , 1 • 1 1 ■ i 1 ' 1 1 : 1 , . 54 CITY COUNCIL LETTER Meeting of: August 13,2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: LABELLE PARK MASTER PLAN BY K. Hansen BY: DATE: 8/7/12 DATE: Background: Since 2007,the Park& Recreation Commission has used a process of public input and review, forming a basis for the creation of Master Plans for the redevelopment of City parks. To date, Sullivan Lake Park, Silver Lake Beach Park and Ramsdell Park have all had Master Plans prepared. Based on the completed Master Plans, construction plans and specification were prepared for each park. The park planning firm of Brauer and Associates has prepared the Master Plans and final construction plans for each. In 2012, the Parks budget has funds established for the planning process of another City park, LaBelle Park, as selected by the Park& Recreation Commission. Analysis/Conclusions: A similar Master Planning process has now been completed, considering condition of the park and amenities,park features and unmet needs,past Commission and public discussions/review, and uses. The Commission held an informational meeting for LaBelle Park in June with two Concept Plans presented and reviewed. Following that meeting, the concept plans were placed on the City web site and at the Library,and the park neighborhood was re-notified(via postcard) to allow time for additional comments. The Commission reviewed all public comments at their July regular meeting for a final recommendation to the City Council. Copies of comments received via email, phone or letter are attached. Based upon the review process,staff would recommend the Master Plan include the following elements: 1. New pond overlook 2. Boardwalk removal with pond slope stabilization 3. Medium-sized picnic shelter 4. New playground 5. Trail modifications 6. Relocate and update park memorial 7. New Circle Terrace playground 8. Rain gardens/infiltration basins for water quality 9. Site landscaping/hillside erosion control The site amenity (existing and proposed) that has received the most negative comment is the basketball court. The Commission recommended removing this from the Master Plan. The only other plan element that received some negative comment was the coexistence of a half basketball court with a children's playground at Circle Terrace. The concept plans provided a site layout for each—a new basketball court or a new playground,but not together. Both staff and the Commission are recommending a reoriented playground for this area. Recommended Motion: Move to accept the Master Plan as prepared by the Park Planning firm of Brauer and Associates,based upon a recommendation of the Park and Recreation Commission. Recommended Motion: Move to authorize the preparation of plans and specs for the boardwalk removal and shoreline restoration,based upon a recommendation of the Park and Recreation Commission. Attachments: Public Comments about LaBelle Park Labelle Park Master Plan KH:sms COUNCIL ACTION: 55 13 ' ... C C a) CU 01 0 0- _C . 0. 2 .. 171) 0- In ..0 0 C aj 0 2u E a', ar -r.. '47; fc 0 2 a, 0.. a a 0 ...-, > 6 o a) ..., ,... . ti < 0 w c L._ c a m .c 0) •- .0 w co v) 0 - c c co ro , 2 Ow .C . 4-,I.) .0 4- M L. 0 < 0- .0 0 13 (I) C 4-, c — CU OD N fa Ln 0 0 C.) 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Columbia Heights, MN. 55421 RESIDENT INPUT FOR LABELLE PARK IMPO ENTS: I live adjt •---nt to L: lie Park at the Parkview Villa Apartments,and I Id like to see the following things done to improve the use, appearance, and public health of the park: 1. Please remove I trim down, and then maintain at a yeht, all of the high brush and - s currently growing along the western shoreline of LaBelle pond, so that people tiralkinp on the paths could a all see the water. The view of the •ond is almost total! blocked for walken-...Lal•;Am bkmittp side by uncontrolled brush crowth. Mother option, (if funds were available for shoreline t er uar control and ; •;Ion control as needed, might be accomplished by replanting the shoreline with native plants and grasses that have a natural, I —height, that •uld preserve the view of the pond. This might also reduce the cost of repeated - ring of the overgro brush an weeds along the western shoreline and improve the apo rance of LaBelle Pond. The Saint Paul Parks Department su -sskilly ad.. [- this native plant planting - along '•ns of Lake Como, 2. Please reduce the number of Canada ; - as much as -sible in the Park.Wal ; are fouled nu trotts, unh Ithy droppings the ge- t. 3. Pk; .: do wha - -r is necessary to t, • ; or replace all rotten and da ;• .• •• chi (such as the old me r- out dock 1 . yy), so that ALL of the - bly unsightly chain link fencing •-;„ be memo ;• the side shoreline. 4. Please continue, and if p•-; .ibis, in -ase the police patrols (es•; `ally at night) through the park. 4 de Thank you for the • • •• nity to have an Input. 7) Dennis Novak LiVe ‘1"44Ad:7-- 965 40th Avenue NE. Apt.414 Columbia Heights, MN. 55421 ,r) /1/1 Lee' oT-E- 4 4— i=-2- I-3 iN/ # L 191),P-s 11‘ /8et 7-y rn c To c fir itz Rz-Jv A Do Li '4“ /1/412- 143 AiiO3 (" 81., ,Pg o r7L Pziilv LABELLE PARK PLANNED IMPROVEMENTS: RESIDENT INPUT JULY 5, 2012 FOR: Review and consideration by city staff and the city council of Columbia Heights. From: Dennis Novak, a resident of Columbia Heights. (I live on the - - side of LaBelle Park, at 965 40th Ave. NE. Apt 414.) I attended the public meeting held on June 27th, 2012 for resident input on future plans for Labelle Park. One of the things made clear by the city representative, was that there is no promise that:all of the funds for all of the planned improvements will be available. Because of this I have prioritized the items I feel are mast important to improving the use and appearance of the park: HIGHEST PRIORITY: 1. PLEASE CLEAN UP AND REMOVE ALL OF THE OVERGROWN BRUSH ALONG ALL OF THE WEST SIDE OF LABELLE POND'S SHORELINE,AND AFTERWARD, PLEASE M/UNTAIN THE SHORELINE BRUSH /PLANT GROWTH AT A MAXIMUM HEIGHT OF 3 FEET OR LESS SO THAT PEOPLE CAN ACTUALLY SEE THE WATER AS THEY WALK ALONG THE PATH. gOCCASSIONAL"VIEW POINTS OF THE WATER THAT ARE PLANNED IN THE CONCEPT PLANS FOR THE PARK, ARE NOT T NG FULL ADVANTAGE OF THE POND'S BEAUTIFUL WATER VIEW THERE WAS CONSIDE •LE SUPPORT AT THE MEETING BY RESIDENTS FOR THE REMOVAL, AND LOW-CUT-HEIGHT MAINTENANCE OF SHORELINE BRUSH AND OVER GRO H THAT BLOCKS THE VIEW OF THE WATER ON THE Si SIDE OF THE POND. LARGE, MATURE SHORELINE TREES SHOULD REMAIN, BUT MOST LIMBS CR5 NG BELOW 8 FEET TO 10 FEET OFF THE GROUND SHOULD BE REMOVED TO PREVENT BLOCKING THE VIEW OF THE WATER. SMALL T' S SHOULD BE OVED TO FURTHER OPEN UP POND VI S ALONG THE WEST SHORE WAL AY. 2. PL E DO NOT PLANT ANYMORE TREES AN ERE IN THE PARK. OPEN AREAS OF THE PARK ARE NEEDED SO T KIDS HAVE OPEN SPACES TO RUN AROUND IN ETC.ALSO, TREES MEAN VI BLOCKAGE,AND TOO MUCH S E, WHICH ALSO MEANS NOT ENOUGH SUNLIGHT FOR THE GRASS TO GROW. PAGE 1 0F4 59 3. PLEASE REMOVE ALL EXISTING 13• •GED AND ROTTED WOOD STRUCTURES FROM AROUND THE STERN EDGE OF LABELLE POND. REMOVE ALL OF THE CHAIN LINK FENCE IN CONJUNCTION WITH THE REMOVAL OF THE DELAPITATED WOODEN STRUCTURES. 4.A HEAVY DUTY CHAIN LINK FENCE ALONG THE EASTERN PROPERTY LINES OF THE PARK, WOULD PROVIDE A BARRIER FROM DEBRIS AND TRASH BEING TOSSED DOWN THE HILL AND ONTO PARK PROPERTY BY RESIDENTS BORDERING THE PARK'S EAST SIDE. 5. PLEASE CONTINUE TO REMOVE AS MANY GEESE AS POSSIBLE—.AND PLEASE CONSIDER EARLIER AND MORE FREQUENT REMOVALS OF GEESE FROM THE PARK IF POSSIBLE. PLEASE NOTE THAT EGG DESTRUCTION WAS USED WITH SUCCESS IN OTHER COUNTIES TO HELP KEEP THE NUMBER OF GEESE LOW. PLEASE ALSO NOTE THAT A MINNEAPOLIS STAR AND TRIBUNE ARTICLE ON THIS SUBJECT IS Al IACHED FOR YOUR CONVIENENCE. I WOULD ALSO ENCOURAGE THE FOLLOWING MODERATE PRIORITY IMPROVEMENTS, IF MORE FUNDS " AVAI :LE: 1. SUBST a IALLY IMPROVE THE LIGHTING ALONG THE ENTIRE WALKWAY AROUND E. POND,AND ALSO IN THE PLAY AREAS. 2. ADD MORE BENCHES ON BOTH SIDES OF THE WAL AY, ESPECIALLY ON THE EASTERN SIDE OF THE POND. 3. ADD MORE SH RECEPTICLES WH NEEDED. 4. REMOVE THE BASK = L COURTS PAGE 2 OF 4 60 IF EVEN a RE FUNDS DO BECOME AVAILABLE FOR A COMPLETE RENOVATION AND FULL IMPLIMENTATION OF THE IMPROVEMENTS PROPOSED IN THE CONCEPT PLANS FOR LABELLE PARK, THEN PLEASE NOTE THE LIKES AND DISLIKES I NOTED BELOW FOR EACH OF THE CONCEPT PLANS: IN REFERENCE TO: CONCEPT PLAN#1: 1. I like all 3 pond (d- I patio style) overlooks as proposed in con.- t plan#1,. 2. 1 very much like the proposed NON-GRASSED clay-court type surface area for Bocce Ball and other gam; requiring a hard grassless surface. 3. I support the proposal in concept plan#1 to move the perimeter pond walkway in the Northwest section of the pond, slightly a .y from the water, to reduce geese fouling the walkway, BUT ONLY IF THE BRUSH BET- EN THE WAL AY AND THE SHORE IS KEPT LOW.AGAIN, I'M CERTAIN T RESIDENTS WANT NO VIEW BLOCKAGE OF THE POND. 4. 1 support replanting the shoreline with native (waterside)tolerant pant types to control erosion, PROVIDED they are all —height when mature—no taller than 3 feet. THIS WAS DONE H CONSIDE LE SUCCESS AT LAKE COMO IN ST. PAUL. A GENERAL SUGGESTION for the control of g that should be -rched for Its effectiven : I believe that a low, very strong, rigid fence of perhaps 2 sr 3 feet in height—maximum that runs continuously through the I. brush along the entire - - -side shore line could greatly serve to stop g;; - exiting the ; er in these problem a - ; The low plantings along • • sides of the fence (along a fence that is perhaps g n etc. in color) •uld hide the fence, keeping its visual impact to a minimum. The fe could be located, only where ed, so as to leave so ; c . -n a - :s along the pond perimeter unfen - , thereby providing a -ptable a ;; . for g;-;- and ducks to tong ; -,where park offici=,Is determine they •uld not be a nui, ; ce. PAGE 3 OF 4 61 IN REFERENCE TO: CONCEPT P *2: 1. As outlined in concept plan #2, 1 agree that rerouting the trail at the NORTHEAST corner of the pond, to feller the existing cut-though path is a very g . idea. 2. 1 feel that the proposed "Pier'extending into the pond, as shown in concept plan #2, is a very bad idea. It is inherently dangerous to children who may be unatten , making it a liability for the city. It will eventually become a maintenance cost issue,just as the existing old rotted wooden pond walk is now. No pier is needed to vi- such a small body of water. Waterside decks are adequate to take in panoramic views. Also, geese and ducks find piers to be useful for rest areas, and you will have the same problem you currently have with geese droppings on the I ,ys. Thank you for the opportunity to give my input on the proposed Labelle Park improvements. Sincerely, Dennis Novak 96540th Ave. NE. Apt. 414 Columbia Heights, MN. 55421 PAGE 4 OF 4 62 July 12, 2012 qECEIVEC ziv, PUBLIC WORKS Public Works Engineering City of Columbia Heights 590 40th Avenue K.E„ Columbia Heiahts, MR 55421 Re LaBelle Park Renovation It has been brought to Ay attention that there are extensive proposals for renovations and additions to LaBelle Park. 1 ar certainly awn'e that th4 area needs to be maintained to preserve t wetlands and keep the area safe. I am, however, also concerned that the proposed additions at the north, end of the park ray cause even more crime, noise, and pollution, The park is the "front yard or backyard" of the condo building where I reside. Wik= do dwzerve to 3iva in a pem,gall environment, especially at night. More, ere too many condos and houoss 3n the Immediate vicinity that would b impacted by groups gathea'ing in the proposed locati.on6. Please consider these issues as you go forward with this process. Very truly yours, kiVC44f-e_ • Diane Pfeifer 1011 41st Avenue N.E. f307 Col , •ia Heights, MN 55421 63 AGNES M. RILEY 1011 41st Avenue N.E. #322 Columbia Heights, MN 55421 July 12, 2012 RECEIVED Public Works Engineering City of Columbia Heights JUL 1 6 202 5S0 40th Avenue N.B. Columbia heights, MN 55421 PUBLIC WORKS Re z LaBelle Perk Master Plan Project Alter reviewing the concept plans for the LaBelle Park Projeet, I approve of many of the proposals, My objection is to Concept l'e eyteneive playground and activity expansion on the northwest corner. It eppeare the City is cvine the noise end other problems .J:rom the besketbell eeurt on 4151 Avenue to too north end. What On this eccempIish if there ere objections premently to the basketbell court aed behavior there? The plan states *'the NIT corner of,' the park berose the more actve. . . .fenoinq surrounds the playground" (how ugly) . Concept 2 uses the very odd word of f'rebustg to describe the "playgrouLd woven into the netutel exees" , Whet does robust mean? Extensive? Mucl more equipment? Improvement of equipment? Or as with aonovpt 1 . does it rear expansioe? Trees on the lot arc newly planted. A picnic area, and - ltee is expansive and not eeitable in the location. Ni. : there are scme tables at the NW end. ; I, and others, have lived at LaBelle condomini '1. for many years and overlook, observe and live with the park. I live on the northeast end and am concerned, about development on the north. w: - present at the dedication of this park, with the then Senator Mondale speaking, and appreciated its beauty right from the beginning. La: 11e Park is a JEia, in Columbia Heights. The City must know -- but does the design firm? -- that ; :elle Pond is a dedicated wetland under the authority of the Rice Creek Watershed District with the City having jurisdiction and responsibility for the care of the property. There are laws and regulations which state that wetlands cannot be d- "aged during construction, landscaping and other activities. This, therefore, is not the average park. The City must protect and enhance this area and foster st ,ardship tnd appreciation of the protected wetland environment. This wetland is a natural feature, a unique ecologioal unit that holds flood waters, has purification features, and PROTECTS unique pl . ts and animals. 64 LaBsIle Park Master Plan 2 If this was the intent when LaBelle Park and Pond were established. it should continue to be a quiet, peaoetul enclave that protects nature and allows the enjoyment of nature. This park is for e enjoyment and is not a recreational park. These attributes would be the ones which cuntribute to the lives of the people in Columbia Heights now and for future generations. These criteriam must be considered when these renovations are being considered. P.$1;r:11_,z_QaDlarail There 117 no need for LaBelle Park to have organized sports, games, basketball courts and other activities of the many other parks in Columbia Heights, some of which have space unused. The City may not know that the :Large grass area in the park fronting the 1011 condos i5 used by the charter school on 41st and central for its gym classes. Thar neans every hoar K new class of students are playing games , runnin9 , shouting/ and screaming and residents listen to that all day. This area is not a dedicated playground. How will an additional playground affect this situation? Will, the charter gohool take it over for its activities? Hvs Brauer & Associates , the land use and planning fi design company hired to design ths park plans, observed the usage of the park? Did they just develop the plans on how they 'thinkte the space should be used? From my obeervation, the use is as follows: the small tots playground is used mostly by toddlers and young children aocsawm114 . r - AgiglI (this is very important) and some older children like those from the charter school. There are trees buffering this area. People of all ages sit on the benches to talk, observe the pond or geese or just enjoy nature. On the large grassy area, next to Condo property, children or adults throw frisbees, play baseball, or do other activities for a .linited amount of time during AUXUMA hours. People of all ages walk on the trail, walk their dogs, walk to the bus, or bicycle. Teacher-accompanied students do a walk-about studying nature. Viers has been no noise or problems because there is no long-term congregation of people. Although overlook areas fit into the park, a picnic area and a shelter used longer-term with possible liquor, do not it in. A few t; sles located in a quiet area, like at present, would be suitable. 65 LaBelle Park Master Plan 3 ggara.V01211.4. Residents of the three condo buildings of LaBelle Park consist of working and retired '.)eople and there are no children. Real estate values here, as in other areas, have declined. The improved overlook/patio area on 41st Avenue would enhance values, Where gangs or groups of people could "hang out and create aischief where the police woua be called would not be a good thing. I invite city staff, council, and park board membsrs and the public to walk by the pond to fpg1 ita eveoiainess, Keep the park, quiet. peaceful and be iU4 th its many trees -- our North Woods in the iro ra5ntain it with necessary repairs and improverpnt E. such ar- crooion vac: elgae control. Remerober the orioinal intended pv,r:vose of this dedicated wetlands area . Thank you for the opportunity to provide input. Very tru:y youa-s, 44rICO M. Riley LthMr_ comPsnig Keep this a "dark sky" area, no additional lighting, no harsh bright liOts. If necessary, only hooded path lights. Hight views of darkened trees and sky should not be polluted by extensive lighting. Will the Japanese pavillion be kept? It is distinctive. Use drought tolerarm plantings for the environment and to eolve costs. Re Concept 2 when a pier was originally installed, it was a very pleasant attraction. I question if it would now be a safety hazard with children falling in the water, Children in the park are not always supervised. In the concept plans, the 1011 and 1000 buildings on 41st Avenue, are shown in shadow effect, not clearly drawn. For the next hearing and subsequent plans, show the buildings clearly so the configuration of park developments and their relation to the buildings can be seen more clearly. 66 1011 41st Avenue N.B. #222 Columbia Heights, MN 55421 July 12, 2012 Public Works Engineering City of Columbia Heights 590 40th. Avenue N.B. Columbia Heights, MN 55421 RE: LaBelle Park Master Plan 3'; AI 11 a resident of LaBelle Pa.rk Condos, 1011 buildim and live at the northeast end. facing the at Tberoftre, l; look Over and am, adjacent to the proposed large pla:yground and pimic and shelter area I do not. suppcgrt this development because it would affect the peace and quiet of the area kesRdent t. use their balconies and open their 1,,,indows to enjoy the park, and fresh air. We presently have 110'46' frella the charter athool, using the grass area for their gyril classes all day lug. The basketball court. area cm 4h1. Avenue has bad problems and it seems these would be transferred. to the north end of 42nd Avenue. I want to keep the park peacelui and quiet for all to enjoy. Sincerely, 77c-42-67e--) Shirley Neon 67 ABELLE PARK L F" V F O L U COLUMBIA T S, MN PARKiLAsOcu—•,tm _ 701 EN SOUTH SUITE 301 MI N NEAPOLIS, MN S:p14 Trail Modifications Trail system is slightly modified with a few new segments and alignments Playground and pedestrian lighting is added. An updated playground meeting current Park Monument Sign standards for safety and ADA guidelines is woven among the trees for a more natural feel, r Hillside improvements while still leaving sightlines from the parking Improvements should be made area open for safety. Elf' along the steep slopes to stabilize Lawn Area :` the slopes,clean up the debris and Lawn space left as open area or it can 1 ,1?n d en ti re-establish vegetation. accommodate a game court such as bocce �,, k ball,horseshoes,etc. { Rain Gardens/Infiltration Basins —I : ' Rain gardens or infiltration basins are . . # created in select locations to catch ,* +� and cleanse runoff prior to the water '> ,'�' Pond Overlooks y'iiii y^ }, Refer to Enlargement Plan t _ » t , , fit. 2x dV g�`S: f i 1� 7 z • ff , c ' -1 -" -s ,..: A)40 Ilk-, , --;,,' .i.'-'...!: .,-!„,-.... - ,.- a � s E l 1r' l t ..4: '1-''''' 3 1 'REF t fi 00 ,,t_-4 �' of 1. 1 gil ,, .A. 0/ " At J J- 9 •. � ,I 6 r: ,;. , Circle Terrace Playground The existing amenities are removed and replaced ' with a small playground with seating areas and ,; ornamental fencing placed around for improved •: aesthetics as well as safety ; f , Trail Seating Benches are placed along the trail in select I locations for the best viewing of the pond. i s .. .. �`: I * Pond Edge Improvements.r. , Improvements should be made around the pond edges to stabilize/reduce steep slopes,remove undesirable plant + species and incorporate lower growing native vegetation. \- z, ,- , %" :. - '" 40th Avenue 40th venue The sidewalk along 40th Avenue is replaced with a wider trail and the deck overlook is removed. T 0 00 120" 100' IN '.."'"."".C”.„1,..Sae Preliminary Master Plan ABELLE PARK L CITY J C LU COLUMBIA H EIGHTS, M( S writ&AmocvEC,Lm. ENIA AVE SOUTH-SUITE 300 MINNEAPOLIS,MN 554, Parking Lot Landscaped Shelter Patio Seat Stairs Trail Pond Edge Beds Wall } _ it T'? - )y 0 x' is 32 ............ exAttwUde . . Upper Overlook Section .. .. �Accessible Trail �." ti al An accessible trail(under 5% ' .,,_rr ,• slope)provides access to the patio •overlook and park loop trail system rs g .:!;0,7,3.1r;" from the parking lot. ?"' 4 - } , Pond Edge ..„„„ The pond edge is stabilized in •.g4 areas of erosion and steep slopes '' ems• ',,,4 r .,, , with an ongoing maintenance r- program put in place to control =' �`'f `� invasive plants,enhance lower „ growing native plants(under 36') 1 and open views of the pond in t. r, , select areas. ._- Upper Overlook Patio . -- . . --.. \•A shelter structure and arbors on ` fi ;' Y + -Al,•a concrete patio used for day to y { _, day seating or larger gatherings ..---- f? p � : overlook the pond. - ` y r :' Rain Gardens/infiltration Basins: '' mss, Rain gardens or infiltration basins are <, created to catch and cleanse runoff :` a i prior to the water entering the pond. a yir �' .: a LaBelle Memorial •' �' A new memorial structure is placed s F in a more significant location for • s high visibility. 4'rAR • r Lower Overlook Patio - -` 4 A more natural appearing overlook "' �, = �� is placed along the pond edge with ',■ a y various seating areas and garden ?z x x r i j :; spaces meant to attract birds and p r .';. . ' butterflies. ; 4'-' 1+s•, } 0. a .1. 91,::::, ' Overlook Enlargement Plan CITY COUNCIL LETTER Meeting of August 13, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO DATE: August 8, 2012 BY: A`'" BACKGROUND/ANALYSIS Attached is the business license agenda for the August 13,2012 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. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for August 13, 2012 as presented. COUNCIL ACTION: TO CITY COUNCIL August 13, 2012 70 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG Metro Heating &Cooling 255 Roselawn Ave E, St. Paul $60 *Door Service Co. of T.C. 2025 Gateway Cir, Centerville $60 Legacy Mechanical 27393 128th St NW, Zimmerman $60 Professional Mechanical Ser 8851 E. Research Ctr Rd. New Hope $60 Diverse Construction Ser. 82 38th Ave NE, Columbia Hts $60 *Palen Contracting 4700 Lexington Ave, Shoreview $60 71 CITY COUNCIL LETTER Meeting of August 13, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: August 13, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for August 13, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 72 COLUMBIA HEIGHTS List of Rental Lic to ,.''''"'Ir")t-%4/) FIRE DEPARTMENT ins Approve by City Council 2012 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10016 4007 MAIN ST NE Mariani, Marcea F12033 3222 39th Avenue South $ 150.00 Minneapolis, MN 55406 10049 4524 MONROE ST NE Laux,Vicky F11878 11980 Eldorado Street N.E. $ 150.00 Blaine, MN 55449 10054 3820 TYLER ST NE MDC 2000 F11997 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10062 4217 QUINCY ST NE Ludwig, Robert F11947 1149 Pond Curve $ 150.00 Waconia, MN 55387 10082 4762 HEIGHTS DR NE Scott, Kevin F11923 4101 Longfellow Avenue $ 150.00 Minneapolis, MN 55407-3439 10102 550 LOMIANKI LN NE McCrea, Pamela F11659 2200 Merrimac Lane N $ 150.00 Plymouth, MN 55447-2168 10106 3721 VAN BUREN ST NE Sentyrz Jr., Walter F11884B 1612 2nd Street N.E. $ 150.00 Minneapolis, MN 55413-1138 10117 4347 MAIN ST NE Vagts, Wayne F11802 1055 Magnolia Ln N $ 150.00 Plymouth, MN 55441 10129 4151 STINSON BLVD NE Williams, Robert F12020 4047 Cleveland Street $ 150.00 Columbia Heights, MN 55421 10133 4003 MAIN ST NE Dorko, Kenneth F11926 5072 Clearview St. NE $ 150.00 Fridley, MN 55421 10149 5056 WASHINGTON ST NE Koch, Kenneth F11880 4042 Arthur Street N.E. $ 150.00 Minneapolis, MN 55421 08/08/2012 13:44 Page 1 73 007 2007', List of Rental Lic to `"M Approve by City Council F 2012 825 41st Avenue N,E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10189 4807 JEFFERSON ST NE Yard, Joe F11979 8181 East Fish Lake Road $ 150.00 Maple Grove, MN 55311 10209 3708 2 1/2 ST NE Cel Monton LLC F11639 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10210 4453 7TH ST NE Brickner, Rick F11935 6230 Hwy 65 NE Sutie#103 $ 150.00 Fridley, MN 55432 10214 1843 39TH AVE NE Rowe, Jason F12029 1721 Fulham ST Apt G $ 150.00 Lauderdale, MN 55113 10228 4749 5TH ST NE Cel Monton, LLC F11998 1845 Stinson PKWY#102 $ 150.00 Minneapolis, MN 55418 10251 4104 7TH ST NE Dahl, Ryan F11665 3939 Quincy Street N.E. $ 150.00 Columbia Heights, MN 55421 10261 3972 TYLER ST NE Rombalski,Jason F11955 1500 Toledo Ave. N. $ 150.00 Golden Valley, MN 55422 10287 4242 2ND ST NE Peske, Richard F11954 5444 Colfax Ave S $ 150.00 Minneapolis, MN 55419 10317 5006 6TH ST NE Singel, Dan F12010 938 Dawn Ave $ 150.00 Shoreview, MN 55126 10326 4213 3RD ST NE BRPII F11946 2533 8th Street NE $ 150.00 White Bear Township, MN 55110 10363 3815 2 1/2 ST NE Al Saadon, Muna F11543 8931 Farnsworth Avenue N. $ 150.00 Brooklyn Park, MN 55443 08/08/2012 13:44 Page 2 74 ,na, s:or' List of Rental Lic to <._. FIRE DEPARTMENT Approve by City Council Ins Sion Dints' .u::°., 2012 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10366-RY328 ORENDORFF WAY NE Ahadome, Edmond F11681 328 NE ORENDORF WAY $ 150.00 Columbia Heights, MN 55421 10382 3710 VAN BUREN ST NE Alzubi,Amer F11816 1524 Sugar Loaf Trail $ 150.00 Brooklyn Park, MN 55443 12008 1035 45TH AVE NE Turner, Joe F11993 4501 Polk St $ 150.00 Columbia Heights, MN 55421 12010 4613 TAYLOR ST NE Thoreson, Steven F11952 4615 Taylor Street $ 150.00 Columbia Heights, MN 55421 12014 3948 3RD ST NE Field,Alma F12090 3952 3rd Street NE $ 150.00 Columbia Heights, MN 55421 12018 1091 POLK CIR NE Small, Stephanie F12016 1091 Polk Circle $ 150.00 Columbia Heights, MN 55421 12032 5240 WASHINGTON ST NE Kronstedt, Kenneth F12005 5240 Washington Street $ 150.00 Columbia Heights, MN 55421 12120 1035 POLK PL NE Koponen, Robert&Susan F11943 1035 Polk Place $ 150.00 Columbia Heights, MN 55421 12136 1214 43 1/2 AVE NE Sandsness, Patsy F12022 1216 43-1/2 Avenue NE $ 150.00 Columbia Heights, MN 55421 12173 1237 43 1/2 AVE NE Sieger, Martin F11738 1239 43-1/2 Avenue NE $ 150.00 Columbia Heights, MN 55421 12185 1043 POLK PL NE Sturdevant, Joseph F12006 6182 Heather Circle $ 150.00 Fridley, MN 55432 08/08/2012 13:44 Page 3 75 ear znm' List of Rental Lic to get FIRE Approve by City Council ,,: Divist 2012 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-708-8156-Fax:763-706-8151 20000 4622 JOHNSON ST NE Frauly, Karen & Bill F12017 3717 Reservoir Blvd $ 150.00 Columbia Heights, MN 55421 20003 4029 2ND ST NE Urban Enterprises, Inc. F11887 4542 Nicollet Ave. $ 150.00 Minneapolis, MN 55419 20003 4029 2ND ST NE Sybesma, Stuart F11887 30855 Minnesota Ave $ 150.00 Lindstrom, MN 55045 20003 4029 2ND ST NE Sybesma, Dean F11887 562 78th Ave NE $ 150.00 Spring Lake Park, MN 55432 20007 4636 TAYLOR ST NE Vandeveer, Robert F11734 1052 93rd Lane $ 150.00 Coon Rapids, MN 55433 20033 4619 TAYLOR ST NE Okerstrom, Tom F11737 6601 Edgewood St $ 150.00 Rockford, MN 55373 20048 500 40TH AVE NE Landi, Maria F11918 2413 1/2 Central Avenue NE $ 150.00 Minneapolis, MN 55418 20062 1013 43 1/2 AVE NE Corbin, David F11984 2158 131st Av NW $ 150.00 Coon Rapids, MN 55448 20072 4513 TAYLOR ST NE Van Blaricom, Stanley F11896A 118 Balsam Lane N. $ 150.00 Plymouth, MN 55441 20073 4529 TAYLOR ST NE Van Blaricom, Stanley F11896B 118 Balsam Lane N. $ 150.00 Plymouth, MN 55441 20076 4636 JOHNSON ST NE Frauly, Karen & Bill F12017A 3717 Reservoir Blvd $ 150.00 Columbia Heights, MN 55421 08/08/2012 13:44 Page 4 76 „3. .„,,,„,„ ..` List of Rental Lic to • ° FIRE DEPARTMENT Approve by City Council . 2012 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20078 4630 TAYLOR ST NE Cedar Management F11977 7260 University Avenue $ 150.00 Fridley, MN 55421 20078 4630 TAYLOR ST NE Anderson, Gary F11977 10394-308th Ave NW $ 150.00 Princeton, MN 55371 20099 1065 POLK PL NE Harris, Jay F11922 16600 86th Ave. N. $ 150.00 Maple Grove, MN 55311 20100 3825 JOHNSON ST NE Majewski, John F11957 105 12th Avenue NW $ 150.00 New Brighton, MN 55112 20108 3736 3RD ST NE Klick, Wade F11585 17003 Weaver Lake Drive $ 150.00 Maple Grove, MN 55311 20119 4817 5TH ST NE Knoll, Amy F11811 4819 5th Street $ 150.00 Columbia Heights, MN 55421 20121 1204 CHEERY LN NE DH Properties F11996 8555 1st Ave NW $ 150.00 Rice, MN 56367 20121 1204 CHEERY LN NE Cobb, Eric F11996 4542 Nicollet Ave $ 150.00 Minneapolis, MN 55419 20141 3902 RESERVOIR BLVD NE Yang, Joseph F11600 12371 Holly Street NW $ 150.00 Coon Rapids, MN 55448-2655 20161 3804 3RD ST NE Hozempa, Mike F11958 3861 3rd Street NE $ 150.00 Columbia Heights, MN 55421 20174 212 42ND AVE NE Bluhm, Rory F12030 2009 W. Broadway Avenue STE#400 $ 150.00 Forest Lake, MN 55025 08/08/2012 13:44 Page 5 77 .7 2.. List of Rental Lic to FIRE Approve by City Council Ins ti DIvIst . ;- 2012 825 41st Avenue N,E,-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-6151 20176 4108 MADISON ST NE Anderson, Erik F12088 18531 Jivaro St $ 150.00 Oak Grove, MN 55303 20206 4912 TYLER ST NE Sanford, Ron F11945 386 Lancasater Lane $ 150.00 Champlin, MN 55316 20214 4637 PIERCE ST NE South Cross Market Inc. F11974 1500 Southcross Drive West $ 150.00 Burnsville, MN 55306 20214 4637 PIERCE ST NE Shacker, Alnajjar F11974 1515 Quebec Avenue N. $ 150.00 Champlin, MN 55316 20230 3985 JOHNSON ST NE Rifai, Samiha F11937 608 37th Ave NE $ 150.00 Minneapolis, MN 55421 20238 3930 JOHNSON ST NE Koponen, Robert F11942 1035 Polk Place $ 150.00 Columbia Heights, MN 55421 20277 4512 MONROE ST NE Wilcox, Cynthia F11777 PO Box 16641 $ 150.00 Minneapolis, MN 55416 20278 4518 FILLMORE ST NE Abdelhakim, Ahmed F12013 8220 5th St $ 150.00 Spring Lake Park, MN 55432 20282 3731 PIERCE ST NE Abdel-Karim, Hytham F11947A 708 Cleveland Ave Suite#160 $ 150.00 New Brighton, MN 55112 20318 1069 POLK PL NE Rifai, Samiha F11938 608 37th Ave NE $ 150.00 Minneapolis, MN 55421 30003 1675 44TH AVE NE Crest View Corporation F11895 4444 Reservoir Blvd. N.E. Attn: Talia Aramalay $ 530.00 Columbia Heights, MN 55421 08/08/2012 13:44 Page 6 78 2ao7 List of Rental Lic to 1:4 '. Approve by City Council � .KK x«>>;: 2012 825 41st Avenue N.E,-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-106-8151 30008 841 41ST AVE NE Columbia Court Town Homes F11981 853 41st Ave NE $446.00 Columbia Heights, MN 55421 30064 3853 EDGEMOOR PL NE Prokopiuk, Michael F11720 3130 Buchanan Street $ 160.00 Minneapolis, MN 55418 30131 4643 UNIVERSITY AVE NE Lemke, Lorraine F12014B 2809-116th Avenue NE $248.00 Blaine, MN 55449 30133 4655 UNIVERSITY AVE NE Lemke, Lorraine F12014A 2809-116th Avenue NE $248.00 Blaine, MN 55449 30157 4649 UNIVERSITY AVE NE Lemke, Lorraine F12014 2809-116th Avenue NE $248.00 Blaine, MN 55449 34001 4635 UNIVERSITY AVE NE Sekizovic, Maumer F12025 PO Box 21314 Apt#3 $ 150.00 Columbia Heights, MN 55421 34003 4241 3RD ST NE MBP, LLC F11941 11417 Hastings Street N.E. $ 150.00 Blaine, MN 55449 34012 4201 MONROE ST NE Avery, Alan F12015 4201 Monroe Street NE $ 150.00 Columbia Heights, MN 55421 Total#of Licenses 74 08/08/2012 13:44 Page 7 79 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: August 13,2012 . 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 144442 through 144692 in the amount of$ 1,701,010.58. 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