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HomeMy WebLinkAbout01/28/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayo Gary L.Peterson 590 40"Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Counci/members Visit our websiteat:www.cl.colurnbia-heirhts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manazer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,January 28,2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Bill Hugo, St. Matthew Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. Citizen's Award of Commendation—Mr. Timothy Wiles B. Winter Programming coming to the Library in January and February - Mai Kao and Elaine Mamaril. 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 January 14 2013 Council Meeting Pg 7 MOTION: Move to approve the minutes of the January 14, 2013 Council Meeting. B. Establish Date for Annual Local Board of Appeal and Equalization Pg2 0 MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 22, 2013, at 6:00 PM in the City Council Chambers. C. Accept Board and Commission Meeting Minutes Pg2 2 MOTION: Move to accept December 5, 2012 minutes of the Library Board. D. Approve Gambling Permits, Immaculate Conception Church: Bingo and Raffle Event on March Pg24 17, 2013 and Fun Fest on August 2-4, 2013 3 City Council Agenda Monday,January 28,2013 Page 2 of 4 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 17, 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 2-4,. 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Transfer of Funds for Toward Zero Death grant reimbursement from General Fund to Pg3 5 Police Dept Overtime Line Item#1020 MOTION: Move to transfer the$4,054.42 received as reimbursement for overtime expended on the Toward Zero Death initiative from the General Fund to the Police Department Budget, Overtime Line Item 1020. F. Authorization to Purchase Police Vehicles Pg3 6 MOTION: Move to authorize the purchase of two 2013 Ford Police Interceptor vehicles, one utility vehicle and one sedan, under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of$51,093.00 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. MOTION: Move to authorize the Police Chief to expend up to $31,376.00 to set up and outfit two marked patrol cars. G. Approve Final Compensating Change Order and Final Payment for Miscellaneous Concrete Pg3 7 Proi ects#1000 and#I 100 MOTION: Move to approve final compensating change orders and accept the work for 2010 and 2011 Miscellaneous Concrete Repairs and Installations, City Projects#1000 and#1100, and authorize final payments of$795.56 and $2,954.71 respectively to Ron Kassa Construction, Inc. of Elko, Minnesota. H. Authorization to Seek Bids for the 2013 Miscellaneous Concrete Replacement and Installation pg4 6 Project MOTION: Move to authorize staff to seek bids for the 2013 Miscellaneous Concrete Replacement and Installation Project. I. Adopt Resolution 2013-011 Approving Joint Powers Agreement QPA) for Geographic Pg4 7 Information System Services MOTION: Move to waive the reading of Resolution 2013-011, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-11 being a resolution approving the Joint Powers Agreement for GIS services. 4 City Council Agenda Monday,January 28,2013 Page 3 of 4 J. Authorize Final Payment for Sanitary Sewer Lining Project 1104 pg5 g MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1104, and to authorize final payment of$14,511.58 to Insituform Technologies USA, Inc. of St Louis, Missouri. K. Authorization to Seek Bids for 2013-2014 Dutch Elm Oak Wilt Emerald Ash Borer Diseased Pg6 0 Tree and Hazardous Tree Removal Program MOTION: Move to authorize staff to seek bids for the 2013-2014 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. L. Public Works Blanket Orders for 2013 Purchases Pg6l MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2013 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching/paving City streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky& Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. M. Approve Business License Applications Pg62 MOTION: Move to approve the items as listed on the business license agenda for January 28, 2013 as presented. N. Reissue rental license to Federal National Mortgage Association for rental property located at Pg64 1301-03 Circle Terrace Boulevard MOTION: Move to issue a rental-housing license to Federal National Mortgage Association to operate the rental property located at 1301-03 Circle Terrace Boulevard in that the provisions of the Property Maintenance Code have been complied with. O. Approve the items listed for rental housing license applications for January 28 2013 in that they Pg6 5 have met the requirements of the Property Maintenance Code MOTION: Move to approve the items listed for rental housing license applications for January 28, 2013 in that they have met the requirements of the Property Maintenance Code. P. Review Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council Pg67 has received the list of claims paid covering check number 146598 through 146747 in the amount of$1,812,243.22. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS Pg75 A. Adopt Resolutions 2013-05 4056-58 5th Street N E 2013-06 1000 Peters Place N E and 2013-08, 230 44th Avenue 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 5 City Council Agenda Monday,January 28,2013 Page 4 of 4 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2013-05, 06, and 08 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2013-05, 06, and 08 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. B. Adopt Resolutions 2013-09 3843 Haves Street N E and 2013-10 5011 University Avenue N E Pg82 being declarations of nuisance and abatement of violations within the City of Columbia Heights MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2013-09, and 10 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2013-09, and 10 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2013-012 Approving Amendment No Pg87 1 to Water Agreement with the Cite Of Minneapolis MOTION: Move to waive the reading of Resolution 2013-012,there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-012 being a resolution approving Amendment Number 1 to the Water Agreement between the cities of Minneapolis and Columbia Heights and authorizing the Mayor and City Manager to execute amended agreement. 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 Walter R. Fehst, City Manager WF/tal 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,JANUARY 14,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,JANUARY 14,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson of Heights Church gave the invocation. 2. OATH OF OFFICE/PLEDGE OF ALLEGIANCE The City Clerk/Council Secretary, Tori Leonhardt administered the Oath of Office to Mayor Gary Peterson, Councilmember Robert "Bobby" Williams, and Councilmember Bruce Nawrocki. 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added Nomination for Council President under New Business. Nawrocki informed the councilmembers, staff and residents about the upcoming pancake breakfast which will be held on Friday, February 1, 2013 from 8:30 AM-10:00 AM at the Lighthouse of Columbia Heights located at 3801 Hart Blvd. Cost is $3.00 per person with all proceeds going to the "Friends of Columbia Heights Public Library" organization. Nawrocki stated he wanted some additional information in regards to the events that happened at the smoke shop next to Sarna's on 40th Avenue. He would like copies of any permits that have been issued to the business. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS GUESTS 5. CONSENT AGENDA Councilmember Nawrocki asked that items A, C, and I be pulled from the consent agenda for further discussion. City Manager, Walt Fehst, took the councilmembers through the remaining items on the consent agenda. A. Approve the minutes of the December 10 2012 Council Meeting_Removed B. Accept Board and Commission Meeting Minutes Motion: Move to accept November 7, 2012 minutes of the Library Board. Motion: Move to accept January 4, 2013 minutes of the Planning and Zoning Commission, C. Designate 2013 Official Legal Newspaper for the City of Columbia Heights - Removed D. Adopt Resolution 2013-01, being a Resolution Designating Official Depositories for the City__gf Columbia Heights Motion: Move to waive the reading of Resolution 2013-01, there being ample copies available to the public. 7 City Council Minutes Monday,December 10,2012 Page 2 of 13 Motion: Move to adopt Resolution 2013-01, being a Resolution Designating Official Depositories for the City of Columbia Heights. E. Adopt Resolution 2013-02, being a Resolution to Accept Certain Donations received by the City of Columbia Heights Motion: Move to waive the reading of Resolution 2013-02, there being ample copies available to the public. Motion: Move to adopt Resolution 2013-02,being a Resolution to Accept Certain Donations received by the City of Columbia Heights. F. Appoint Donna Schmitt as Council Liaison for the Mississippi Water Management Organization for 2013 Motion: Move to approve the Mayor's appointment of Donna Schmitt to the Mississippi Water Management Organization for 2013. G. Appoint Gary Peterson, Bruce Nawrocki, and Bobby Williams to the HRA and EDA vacant positions Motion: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki and Bobby Williams to the vacant HRA positions. Motion: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki and Bobby Williams to the vacant EDA positions. H. Appoint the Mayor and City anager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2013 Motion: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2013. I. Authorize the Mayor and City Manager to enter into a three-year Fire and EMS service contract with the City of Hilltop - Removed J. Approval of attached list of rental housing applications Motion: Move to approve the items listed for rental housing license applications for January 14, 2013 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion: Move to approve the items on the business license agenda for January 14, 2013 as presented. L. Establish John P. Murzyn Hall rental rates for 2014 Motion: Move to adopt the 2014 John P. Murzyn Hall rental rates as outlined by the Park and Recreation Commission at their meeting of December 12, 2012. M. Review Payment of Bills Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 146143 through 146597 in the amount of $2,032,448.16. 8 City Council Minutes Monday,December 10,2012 Page 3 of 13 Fehst wanted bring attention to and thank the Booster Club, as they have been the biggest contributor to the City of Columbia Heights and the School District. They have donated over a million dollars over the years. Motion by Diehm, seconded by Williams, move to approve the consent agenda with the exceptions of items A, C and I as presented. Upon Vote: All ayes, Motion carried. Item A(Removed from consent) Discussion on Approval of City Council Minutes of December 10, 2012. Nawrocki stated he wanted two important items added to the minutes in regards to the budget. In spite of a lot of the reductions to properties in the city, Finance Director Kloiber stated there was approximately a $400,000 increase in property taxes for the general fund for the city. Second, in the twenty-one communities in Anoka County, the City of Columbia Heights is in the upper third when it comes to property taxes per given value home site. Motion by Nawrocki, seconded by Deihm, to amend and approve the City Council Minutes of December 10, 2012 by adding to the minutes the following comments by Nawrocki. (1) In spite of a lot of the reductions to properties in the city, Finance Director Kloiber stated there was approximately a$400,000 increase in property taxes for the general fund for the city. (2) In the twenty-one communities in Anoka County, the City of Columbia Heights is in the upper third when it comes to property taxes per given value home site. Fehst stated again, as he did in the last meeting, that if you look at the median property value in the city and the amount of taxes assessed, the City of Columbia Heights is among the lowest compared to one hundred and eighty other cities in the area that offer approximately the same services. Upon Vote: All ayes; Motion carried. Item C, (Removed from consent)Discussion on Designating 2013 Official Legal Newspaper for the City of Columbia Heights. Fehst stated the City did receive a request from the Anoka County Record to be considered as the City's Official Legal Newspaper and both he and the city attorney looked at the distribution of the paper and felt it did not have the circulation and distribution that the Sun Focus has, along with the fact it was a bi-weekly paper. Nawrocki asked if we contacted the Northeaster. Nawrocki also stated there was an error on page 43 in the price quote listed from the Sun Focus. It stated $9.90 per column inch and it should be $10.90 per column inch. He questioned the delivery of the Sun Focus to rental properties. Fehst stated 99% of people get the paper on a weekly basis and this is important. It is a hard copy that goes to the door directly. Motion by Williams, seconded by Schmitt move to approve Designating the Sun Focus as the 9 City Council Minutes Monday,December 10,2012 Page 4 of 13 Official Legal Newspaper for the City of Columbia Heights. Upon Vote: All ayes; motion carried. Item I, (removed from consent) authorize the Mayor and City Manager to enter into a three- year Fire and EMS service contract with the City of Hilltop. Councilmember Nawrocki would like a better explanation of how the City calculates the dollar amount for this each year. Fehst said there is a formula based on the number of calls, capital equipment costs and the population. The amount that we charge now, would be less than this amount; however we feel it is important to recognize the cost of living and service level that we have been giving these past years and would to maintain that. Nawrocki asked what numbers are used in the formula. Chief Gorman stated it is hard to say what those numbers are exactly as it is based on our budget and since labor agreements are not settled yet, we do not have final numbers yet. This was a fair way of getting a contract in place and try to settle the difference. Motion by Williams, seconded by Diehm to authorize the Mayor and City Manager to enter into a three year Fire and EMS service contract with the City of Hilltop. Upon Vote: All ayes. Motion carried. Mayor Peterson added to the agenda Nomination for Council President. Motion by Williams, seconded by Schmitt to nominated Deihin for Council President for 2013. Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolution 2013-04, 1036 Gould Avenue NE being a declaration of nuisance and abatement of violations within the City of Columbia Heights Fire Chief Gary Gorman indicated that the Fire Department received information from Anoka County Social Services that the property was uninhabitable. On December 13, 2012, the Fire Department received an administrative search warrant. Notice was then given to the owner and Anoka County that the property was deemed uninhabitable and the owner/occupant could no longer stay in the property due to living conditions. The County tried on several occasions to place the owner/occupant in a different location, but the owner/occupant refused to cooperate. On January 7, 2012 the Fire Department arrived at the property with the Building Official, Police, Social Services and Allina Health Care. The owner/occupant was transported to Faiiview/Riverside for a mental health evaluation. On January 8, 2013 the Fire Department sent statement of cause to the registered owner of the property and is seeking approval of the immediate abatement of the hazardous situation located at 1036 Gould Avenue NE. They went in and winterized the property. The city did three previous interior abatements on this property. Schmitt asked if it was last January when the city did something similar and talked to the son. Are they still communicating with you? Gorman indicated that this time around, no, the family stepped back and the city initiated this abatement, however, the occupant initiated her move out of the property. She had already called 10 City Council Minutes Monday,December 10,2012 Page 5 of 13 Excel and CenterPoint to disconnect services. Nawrocki stated he drove up and down the alley and looked at the property and wanted to know what the problem was with the property since he was unable to see anything. Gorman stated the problem is the living conditions with the interior of the property. It is unclean and unhealthy due to garbage. Peterson asked if there was anyone present at the meeting tonight in regards to this property. There being none. Motion by Diehm seconded by Williams, move to close the public hearing and to waive the reading of Resolution Number 2013-04, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm seconded by Williams, move to adopt Resolution Number 2013-04, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon Vote: All ayes. Motion carried. B. Approve Resolution 2013-03, Parking Variance for Proposed Daycare at 4347 Central Avenue Community Development Assistant Director, Sheila Cartney stated, at this time the applicant is requesting a variance to parking requirements in association with locating a daycare center at 4347 Central Avenue NE. She is required to have thirteen and has nine. The variance request is as follows: A variance to allow four(4) less parking stalls than the minimum required per Code Section 9.106 (L)(10). The applicant is also requesting approval of shared parking with the property to the south per Code Section 9.106(L)(9). The applicant wishes to locate her business in the former Anderson's Heating and AC building located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of business previously at that location, the new business would have to comply with all the minimum requirements of the City Code pertaining to off-street parking. The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property,justifying the parking setback and drive aisle width variances that were previously granted in July 2012. The need for the 4-stall parking variance is strictly a function of the type of business that wishes to locate on the premises. The applicant plans to bus students with cargo vans to and from the daycare lessening the need for parking and she has permission from the adjacent property owner, Sarah's Tobacco, for shared parking up to six stalls. There is an existing sidewalk for the drop off. Outdoor play area will be fenced in. The Planning and Zoning Commission held a Public Hearing for the request on January 2, 2013 and recommended approval with a 4-0 vote. Staff also recommends approval. Nawrocki asked if they expect to have thirty-four kids, how many employees will there be? Cartney replied that there will be six employees and the owner will pick up the majority of the students from school and from home with two vans and the employees would park to the south. There is also a place to play that will be fenced in. Schmitt asked why the school is not dropping off at the facility, are they too close? 11 City Council Minutes Monday,December 10,2012 Page 6 of 13 Saynab Yusus, 7555 Van Buren Street, applicant for the variance, stated sometimes the school will bring them, but it will be her plan to be bringing the children. Motion by Williams seconded by Schmitt, move to waive the reading of Resolution 2013-03, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Williams seconded by Schmitt, move to approve Resolution 2013-03, approving a variance from certain conditions of the City of Columbia Heights Zoning Code for property at 4347 Central Avenue. Upon Vote: All ayes. Motion carried. Motion by Williams seconded by Schmitt, move to approve shared parking for the proposed daycare with the property to the south(4329 Central Ave). Upon Vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions-none B. Bid Considerations- none C. New Business and Reports Nawrocki wanted to let everyone know, the Friends of the Library, who is made up of volunteers, meets at library and their goal is to raise money for books. On Friday, February 1s` from 8:30— 10 AM, they will be sponsoring a pancake breakfast at The Lighthouse of Columbia Heights. This is the senior facility located at 3801 Hart Blvd. The cost is$3 per person, which includes pancakes, sausage,juice and coffee. There is no charge for seconds. All proceeds go to organization. He encourages all to attend. Nawrocki stated there have been some problems with the Smoke shop located on 40th Avenue and would like to know what the results were. He would like a copy of permits and any requirements and ordinances that they have for their operation. He would like to know if there was a fine or penalty imposed from the last incident. Fehst stated the police had gone to property and there were too many people in the facility and previously they had some problems with the purchase of marijuana in the parking, but this was not related to this last incident. Gorman stated the owner was very cooperative and that night there were approximately ninety occupants in the building and the occupancy load is around sixty,the doors were locked door during business hours and the location of fire extinguisher was not to code. They are waiting for a court date and then he will follow up with the outcome. Nawrocki said he has heard of noise complaints from the residents in the back of the building. We need to give some extra consideration to the residential area. City Attorney, Jim Hoeft, stated there is a criminal complaint filed against the business owner and the property owner. There have been charges filed. Nawrocki indicated he follows the reports of the library committee and he gathers their intent is to make a recommendation for a new building, not to talk about costs or how to raise the money. We need to get some estimates on costs and where the money will come from. Fehst indicated he wanted to update the council on a meeting that is being suggested. Diehrn stated she is 12 City Council Minutes Monday,December 10,2012 Page 7 of 13 anxious to hear what the committee has come up with in terms of recommendations. Rather than having them spend a lot of time on cost and payment, let them come back to us and tell us what they found, see if we agree and then we can give them some direction on where to go from here. Fehst stated the nature of their last few meetings has been to focus on a recommendation to give to council, so they have requested to have a special City Council meeting Thursday, January 24th at 6:30pm with the Library Board and Library Task Force for the purpose of considering the possibility of purchasing the office building at the corner of 40t''Avenue and University. This building would house City Hall, the Library and Senior Housing on the upper levels. About 70% of space is available now. They would like us to at least consider the prospect. This would provide about 20,000 square feet on first floor and additional space on the south east side. Nawrocki stated parking for library maybe a problem. Fehst stated they could add more parking on the south west side. Fest indicated he was asked to have the Council call a Special Meeting to include the Library Task Force and Library Board, so everyone will receive the information at the same time and to see what develops. Nawrocki indicated he strongly disagrees with moving forward on this without knowing what the costs are going to be. Motion by Deihm, seconded by Schmitt, move to set a Special City Council Meeting on Thursday, January 24, 2013 at 6:30 PM with the Library Board and Library Task Force. Upon Vote: All ayes. Motion carried. 8. ADMINISTRATIVE REPORTS Report of the City Manager— Fehst indicated the Local Government Annual Meeting will be on Wednesday, January 30th at Murzyn Hall and box lunches will be offered. The meeting starts at 6pm and dinner will be served at 6:15 PM, as the meeting is taking place. We will have public safety officers there, story boards up in various areas of the last ten years, and the chief will get up and discuss issues of crime activity. Part one and part two crimes have dropped and we are in the middle of the pack. We are moving in right direction. Owe that to the support and efforts of the Mayor and City Council who allowed money to be put in budget to handle this proactively and holding our officers accountable for each and every shift. Nawrocki stated there has been a decrease in crime because they have more ways to track down the prep's. Nawrocki stated that the City of Fridley has a program with a little tighter control on expenses within their departments such as, who gets paid to go to meetings and who does not. He would like the City Manager to check into the way that Fridley handles their-budgeting of this and report back with some information. Report of the City Attorney -None 10. CITIZENS FORUM Mayor Peterson indicated the Columbia Heights Activity Fund will be starting a new program with building a monument in the round-a-bout at Huset parkway. It will be called the Heritage Tower, honoring our community and the diverse cultures of people who came here before them from all over the world. There will be four separate sides to the monument. They will start with a fund raiser, selling sponsorships, and bricks, along with holding a press conference on Thursday, January 24, and will continue to raise money and awareness with upcoming events and fundraisers. The 13 City Council Minutes Monday,December 10,2012 Page 8 of 13 project is proposed to be completed in May 2013. Peterson also wanted the community to be aware of the new posters that are being displayed at City Hall, the Recreation Department and the Library. The poster is about how to build a community and what a community means. He strongly encourages everyone to come out and read one of the three posters that are hung in the city. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:05 PM, Tori Leonhardt, City Clerk/Council Secretary 14 City Council Minutes Monday,December 10,2012 Page 9 of 13 RESOLUTION NO.2013-001 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED,that Northeast Bank,Wells Fargo Bank of Minnesota,N.A.,and U.S.Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED,that checks,drafts,or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer-Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks,drafts,or other withdrawal orders, BE IT FURTHER RESOLVED,that Northeast Bank,Wells Fargo Bank of Minnesota,N.A.,and U.S.Bank are hereby requested,authorized and directed to honor checks,drafts or other orders for the payment of money drawn in this corporation's name,including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof,when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer-Finance Director and that Northeast Bank,Wells Fargo Bank of Minnesota,N.A,,and U.S.Bank shall be entitled to honor and to charge this corporation for all such checks,drafts or other orders,regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto,if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED,with respect to limited-purpose imprest bank accounts at Northeast Bank,the applicable signatories in the foregoing part of this resolution,for both original and facsimile signatures,shall be any two of the three persons listed above. BE IT FURTHER RESOLVED,that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s)with it,be and are hereby continued in full force and effect,except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED,that all transactions,if any,relating to deposits,withdrawals,re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be,and the same hereby are,in all things ratified,approved and confirmed. BE IT FURTHER RESOLVED,that any bank designated above as a depository,may be used as a depository for investment purposes,so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 50 15 City Council Minutes Monday,December 10,2012 Page 10 of 13 RESOLUTION NO.2013-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS,the City Of Columbia Heights has received the following donations, BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights,that the City of Columbia Heights accepts these donations,subject to the donor-prescribed terms listed: Date Donor Doc ft Amount Purpose 5/2112012 FRIENDS OF COL. HGTS 142855 600.00 COMM DEV 411012012 HEDERMAN,DANNY 142467 50.00 FIRE 6115/2012 RIFAI,SAMIHA 143078 200.00 FIRE 8/6/2012 ALERUS FINANCIAL 143609 100.00 FIRE 12119/2012 SOWADA,PATRICIA A 145379 100.00 FIRE 31512012 LIBRARY 142144 59.97 LIBRARY 3/12/2012 LIBRARY 142203 214.99 LIBRARY 3/1912012 LIBRARY 142248 117.00 LIBRARY 3/19/2012 LIBRARY 142249 100.00 LIBRARY 3126/2012 LIBRARY 142304 294,60 LIBRARY 412/2012 LIBRARY 142378 120.28 LIBRARY 4/9/2012 LIBRARY 142443 10.00 LIBRARY 41912012 FRIENDS OF THE SAINT PAU 142454 500.00 LIBRARY 5/21/2012 LIBRARY 142856 25.00 LIBRARY 8/612012 MURZYN,RUSSELL 143618 725.00 PARKS 61712012 ALERUS FINANCIAL 143019 100.00 POLICE 3,316.84 6/20/2012 Anonymous 143122 300.00 FIREWORKS 7/1112012 COL HGTS LIONS CLUB 143348 500.00 FIREWORKS 6/28/2012 CRESTVIEW MANAGEMENT SE 143206 25.00 FIREWORKS 716/2012 KORDIAK,JIM 143299 25,00 FIREWORKS 612212012 Anonymous 143148 400.00 HEIGHTS IDOL 7/11/2012 COL HGTS ATHLETIC BOOSTE 143349 17,000.00 RECREATION 7/1812012 SPORTS STAR PHOTOGRAPHY 143417 906.62 RECREATION 1131/2012 SHAMROCK CASINO TOURS 141873 20.00 SENIOR PROGRAM 2/3/2012 PETERS,MARILYN 141904 6.00 SENIOR PROGRAM 2/312012 HEDERMAN,DANNY 141905 50.00 SENIOR PROGRAM 615/2012 SHAMROCK CASINO TOURS 142993 20.00 SENIOR PROGRAM 7/10/2012 A. NORMAN&CO, INC. 143338 235.00 SENIOR PROGRAM 19,487.62 22,804,46 Passed this l4th day of January,2013 Offered by: Seconded by: 53 16 City Council Minutes Monday,December lO`2Ol2 Page ll of 13 RESOLUTION NO. 2013-03 RESOLUTION APPROVING AVARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR0AYNAB Y0S0F WHEREAS, npropomo1 (Cuoo # 2013-0101) has been submitted by Sa}moblluaufto the City Council requesting o variance from the City of Columbia Heights Zoning Code ut the following site: ADDRESS: 4347 Central Avenue NB DESCRIPTION:LEGAL On file ut City Hall. RELIEF:THE APPLICANT SEEKS THE FOLLOWING /\ variance to allow four(4) less parking stalls than the minimum requirement per Code Section V.lOb (|L)(l0). WHEREAS, the Planning Commission has held u public hearing uu required by the City Zoning Code on January 2` 20l3; 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 bruffic` property values, light, air, danger nffire, and risk to public safety, iothe surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Conzu\ onino: l. Because of the particular physical surroundings, or the shape, onofignru{ioo` topography, orother conditions ofthe specific parcel of land involved, strict adherence to the provisions of this article would cause practical ditGuzldoo in conforming to the zoning ordinance. The applicant, however, in proposing 10 use the property in n rcomoonblo manner not permitted by the zoning ordinance. 2. The conditions upon which the vmri0000 is based are unique to the apcclfio parcel of land involved and are generally not oypUoohle to other properties within the 000zc zoning classification. 9. The practical difficulties are caused 6mthe provisions of this article and have not been created 6« any person currently having o legal interest inthe property. 4. The granting of the variance is in harmony with the general purpose and izdou1 of the Comprehensive Plan. 5. The granting of the variance will not bematerially dobicuocUo] to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 17 City Council Minutes Monday,December 10,2012 Page 12 of 13 FURTHER,BE IT RESOLVED, that the City Council approves shared parking with the adjacent parcel to the south at 4329 Central Avenue and 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. A contract for the shared parking shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. 3. At least 75 square feet of outside play area shall be provided for each child under care. 4. Short-term parking of vehicles engaged in loading and unloading of children shall be provided as close as practical to the principal entrance. RESOLUTION 2013-04 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Diane P. Egli (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1036 Gould Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 8, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on November 21, 2012 the Fire Department received information from Anoka County Social Services that the property was uninhabitable. 2. That on December 13, 2012 the Fire Department received an administrative search warrant. Contact was made with Anoka County Social Services and the owner, Diane P. Egli to notify them that the property was deemed uninhabitable and the owner/occupant could no longer stay in the property due to living conditions. Anoka County tried on several occasions to place Diane in a different location. Diane refused to cooperate. FD advised Diane that we would be removing her from the property on 1/7/13 and that it was in her best interest to work with the County on placement. 3. That on January 7, 2013 the Fire Department arrived at property with Building Official, Police, Social services, and Allina. Diane was transported to Fairview/Riverside for a mental health evaluation. The Building Official posted the property uninhabitable. Diane will not be able to return 18 City Council Minutes Monday,December 10,2012 Page 13 of 13 home without the property being completed cleaned and the Building Official's approval. Diane stated she was having power and gas shut off to the house. The City had the water shut off and hired a contractor to winterize the property. 4. That on January 8, 2013 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 1036 Gould Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1036 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1036 Gould Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 19 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting o£ January 28, 2013 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Date for BY: Walt Fehst BY: Annual Board of Appeal DATE: January 24, 2013 DATE: NO: Anoka County has requested that we select the date for the required annual Board of Appeal and Equalization. The available date for the City of Columbia Heights is Monday,April 22, 2012 at 6:00 p.m. in the City Council Chambers. Staff recommends the Council adopt the following motion: Recommended Motion: MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 22, 2012, at 6:00 p.m. in the City Council Chambers. COUNCIL ACTION: 20 Important Information Rear i Assessment and Classification Property This may affect your 2014 property tax payments. Notice is hereby given that the Board of Appeal and Equalization for the City of Columbia Heights shall meet on April 22, 2013, 6:00 p.m., at Columbia Heights City Hall. The purpose of this meeting is to determine whether taxable property in the jurisdiction has been properly valued and classified by the assessor, and to determine whether corrections need to be made. If you believe the value or classification of your property is incorrect, please contact your assessor's office to discuss your concerns. If you are still not satisfied with the valuation or classification after discussing it with your assessor, you may appear before the local board of appeal and equalization. The board shall review the valuation, classification, or both if necessary, and shall correct it as needed. Generally, an appearance before your local board of appeal and equalization is required by law before an appeal can be taken to the county board of appeal and equalization. Given under my hand this day of . 2013. Clerk of the City of Columbia Heights APPROVED 1/2/2013 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES December 5,2012 The meeting was called to order by Chair Patricia Sowada,at 5:27 p.m. Members present were:Nancy Hoium, Steve Smith,Patricia Sowada,Barbara Tantanella,and Catherine Vesley.Also present: City Council Representative Tami Diehm,Renee Dougherty,Acting Library Director,and Recording Secretary Stacey Hendren. The Library Board commended Dougherty for doing a wonderful job as Acting Library Director. The minutes of the November 7,2012 Board meeting were approved as mailed. The bill list dated H/7/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The bill list dated 11/21/12 of 2012 bills was reviewed. It was moved,seconded,and passed that the bills be paid. The bill list dated 12 5/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The Board discussed the carpet expenditure. The remaining funds will be used to install gutters in the front and back of the library. Dougherty notified the Board of plans to replace the carpet in the adult reading room in 2013. The 2012 accounting dated 12/5/12 was reviewed. Old Business: 1. Dougherty updated the Library Board on the Task Force progress. Leo A. Daly presented the space needs program at the last meeting and is recommending a building between 20,000 and 25,000 square feet. Dougherty stated that the Task Force will prepare their presentation in January, and has four scenarios to consider including: renovation,new library construction,new library/city hall construction,and creative reuse of the building at the Mady's site. The Board received the packet of predesign concepts and discussed benefits and detriments including the age of the Mady's building,having the library directly on Central with no buffer,potential site costs, and proximity to schools. 2. According to Hoeft the library may discontinue or limit proctoring services as they deem appropriate. Dougherty describes proctoring as an important service and notified the Board that Columbia Heights is the only library in the area offering the service. The Board discussed the possibilities of limiting the service to Columbia Heights residents,requiring a period of advanced notice,or limiting the service to certain hours. The Board indicated that they would support Dougherty's decision. No changes were made to the current proctoring service procedure. New Business: 1. The Board reviewed the October crossover statistics. The Board discussed the use of the shelf check machine at Anoka County Libraries. 1- 12/5/12 22 2. The Board reviewed the Unique Management report and noted the limited progress from month to month. 3. Dougherty notified the Board that the Library has contracted with Anoka County Libraries to use the disc polishing machine at Library Support Services. The machine is able to polish and fix scratches on DVDs and audio CDs. The contract will allow the Library to extend the life of the audio/visual collection. 4. Dougherty notified the Board that Ramon Gomez's(library clerk)baby was born on November 30`x'. Gomez will be working limited hours for the next few months. Items from the Floor: 1. The Board received a thank you letter for their donation to the Foundation fundraiser. 2. Sowada thanked the library staff,on behalf of the Sister Cities,for the display space and brochure of Polish library materials during the month of October. There being no further business,the meeting was adjourned at 7:17 pan. Respectfully submitted, Stacey R. Hendren Recording 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 eniployn7ent 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- 12/5/12 23 CITY COUNCIL LETTER Mee tin of January 28,2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Gambling Permits, BY: Scott Nadeau— BY: NO, Immaculate Conception Church DATE: January 23,2013 DATE, Bingo and Raffle Event on March 17,2013 and Fun Fest on August 2-4,2013 BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted two requests for gambling permits. One is for a bingo and raffle event on March 17, 2013. The other is for their Fun Fest, scheduled for August 2-4, 2013. Activities to be included are bingo and raffles at the bingo event,and bingo,raffles and pull-tabs at Fun Fest. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the two $25 permit fees, the following actions are recommended. RECOMMENDED MOTIONS: MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 17,2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo,raffles and pull-tabs at their Fun Fest event being held August 2-4,. 2013 at 4030 Jackson Street NE,Columbia Heights; and furthermore,that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. COUNCIL ACTION: 24 MINNESOTA LAWFUL GAMBLING 12/12 Page I of 2 LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: Application fee(non refundable) -conducts lawful gambling on five or fewer days,and - awards less than $50,000 in prizes during a calendar year, If a121211cation posted or received, less than 30 days more than 30 days if total prize value for the year will be$1,500 or less,contact before the licensing specialist assigned to your county. $10the event before the$50 e event 0 ORGANIZATION INFORMATIOW 'Organization name Previous gambling permit number Minnesota tax ID number, if any Federal employer ID number(FEIN), if any — Os L41 - 0-70 3,9Sj Type of nonprofit organization. Check one. — Fraternal X Religious ---Veterans _Other nonprofit organization Mailing address city State Zip code County — /{030 'TktY"g 0 V, S+ NC MW !SSLIQ) A n DK c,- Name of chief executive officer [CEO] Daytime phone number E-mail address -7 V3- 0 V2L NONPROFIT STATUS . Attach a copy of ONE of the following for proof of nonprofit status. —Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, IVIN 55103 Phone: 651-296-2803 —IRS income tax exemption [SOI(c)] letter In your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500, IRS-Affiliate of national,statewide,or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization Is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMA' Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. C l%"C C%, o� 44-e-'-M r,-%,.-C-.,A +,- Cane: ,&0 it Address [do not use PO box) City or township Zip code County 40'10 7YAc-Yso, St NE: 5943.1 A"OKC\ Date[s] of activity. For raffles, Indicate the date of the drawing, ffl#.rc,1, 11) 010\3 M0,CCAO'"?, 2011) Check each type of gambling activity that your organization will conduct. -)�-Bingo* X Raffle —Paddlewheels* —Pull-tabs* —Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mrn.us and click on Distributors under the WHO'S WHO?LIST OF LICENSEES, or call 651-639-4000. 25 LG220 Application for Exempt Permit 12/12 Page 2 of 2 LOCAL UNIT OF-G VET E T ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located In a township „„ „The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application Is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to Issue a permit after 30 [60 days for a 1st class city], days. _The application is denied.1 L The application is denied. Print city name di✓ u`Y1 i a t Print county name � Slgn of city ne� Signature of county personnel i �. Irn Title it . �x�j �� °v f5r rr Date t-.2�,)�i Title Date TOWNSHIP.If required by the county. On behalf of the township, I acknowledge that the organization Is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application,per Minnesota Statutes 349,166.] Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE':. The information provided In this application Is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. j Chief executive officer's signature 5ZI,1411, �� pate 12- I I„3 Print name REQUIREMENTS : ' . Complete a separate application for: Financial report and recordlceeping required ® all gambling conducted on two or more consecutive days,or A financial report form and instructions will be sent with your o all gambling conducted on one day, permit,or use the online fill-in form available at Only one application is required if one or more raffle drawings www.gcb.state.mn.us. are conducted on the same day Within 30 days of the event date, complete and return Send application with, the financial report form to the Gambling Control Board. _a copy of your proof of nonprofit status,and Questions? _application fee(non refundable). Make check payable to Call the Licensing Section of the Gambling Control Board "State of Minnesota." at 651-639-4000. To: Gambling Control Board This form will be made available in alternative format(i.e•large print,Braille) 1711 West County Road B, Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The Information requested on this All other information provided will be pri- General; Commissioners of Administration, form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and Control Board(Board)to determine your organization's Board issues the permit. when the Board Revenue; Legislative Auditor,national and qualifications to be involved in lawful gambling activities in Issues the permit,all Information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order;other indi- supply the information;however, if your organization Issue a permit,all Information provided viduals and agencies specifically authorized refuses to supply this information,the Board may not be remains private,with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; Individuals and agencies as a consequence,may refuse to Issue a permit, if your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested,the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers,Board staff whose work requires notice was given;and anyone with your name and address will be public information when received access to the Information; Minnesota's written consent. by the Board. Department of Public Safety;Attorney `Jesus Christ is the same yesterday, todeay and forever."Hett.13:8 Archdiocese of Saint Paul and Mineapolis October 20,2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights,MN 55421-2929 Dear Father Kunnel. The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28,2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic .Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States,are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic,Directory fof 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status,please contact me. Thank you. $sf7�g�rds, . Eisenzimmej Chancellor for Civt fairs Enclosures 226 Su.mxuT AvENUE . ST. PAUL, M1NNEs0TA 5`5102-21 27 ' TEL. (651) 291-4405 PAX: (651) 290-1629 lrtterrrat Reventle Department of the Treasury P.0.8ox 25M CincinniM,ON 45201 o,ta. JUL 28<8cq person to Contact: Roger Mayer Tog Fr"Telephone Number 877-M-6500 United States Conference of Cathoric BWqx Employer Ideaffleation Number 3211 e Street N.E. 53-0196617 Washington,D.C.20017-1194 Group Exemption Number. Dear Sir or Madam: In a ruling dated March 25, 1946,we heid that tho agencies and instrumentalities and all edLicaflonal, charitable and rallgious insftAws operated,supervised,or controlled by of In connection with the Roman Catholic Church In the United States,its territories or possessions appearing In Me Of COftk OLTLIaly 1946,are entitled to exemption from Federal incorne tax under the provisions of section 101(6)of the Internal Revenue Code of 1939,wh1oh corresponds to$ecWn Sol(0)(3)of the 1986 Code. Thts ruling has been updated anndaffy to cover ft organbzgons added to or detated from the Directoty. Ae Oftial CaMollb Dime 10Tfor 2OW shows the names and addresses of ad agendas and Instrumentalities and all educational,charitable,and retOous Instituffons operated by the Roman Catholic Church In 11he United States,Its te"Odes and possessions In existence at the time the Directory,was published. It is understood that each of these is a norf-profit organization,that no gait of the net earnkVs thereof inures to the benefit of any Indheidual,t1ftat no sLfttantjaj W of their at is for promotion of legislation,and that none are private foundations under sec#on 6W(a)of ft Code, eased on all Information submitted,we conclude that the-agencies and insturnentalffies and educationak diadtable,and religious Institution operated,wpervLsed,or ccx**IW by or In connection with the Roman Catholic Church in the United States,Its terdtafts or possessions appeadng in 77w Oftlat CadWic Vkecoy kw 2009 are exempt from Federal k*XT*tax under Section 501(d)(3)of tt*Code. Donors may deduct contributions to the agencies,instrumentalities and institution referred to abave, as provided by section 170 of ft Code, Beqxsts.legacies,devises,transfers,or gigs to ftm or for ftir use are deductible for Federal estate and gift tax purposes If they meet the applicable provisions of sections 2D55,2106,and 2522 of the Code, 6091nnft Januaty f, 1984,unless specifically excepted, and your subordinates must pay You a tax under the Federal Insurance Contributions Act(PICA)for each employee who is paid$100 or more In a calendar year,as indexed for inflation. You and your subordinates are not liable for the tax under the Federal Unampkqrnent Tax Act(FUTA). 28 The conditions concerning the retention of your group exsmpCion as set forth In our previous determination letter dated August 17, 1983,remain In full force acrd effect. 6A'Sincerely, Cindy W Manager,Exempt Organtzagorns Determinations 29 MINNESOTA LAWFUL GAMBLING 12112 Page 1 of 2 LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: Application fee(non refundable) - conducts lawful gambling on five or fewer days,and If application posted or received: - awards less than $50,000 In prizes during a calendar year, less than 30 days more than 30 days if total prize value for the year will be$1,500 or less,contact before the event before the event the licensing specialist assigned to your county. $100 $SO ORGANIZATION INFORMATION Organization name Previous gambling permit number — C ip,"C 1, cad Minnesota tax ID number, if any Federal employer ID number(FEIN), if any 0035S(49 1­41- 070385cl Type of nonprofit organization. Check one. — Fraternal Religious Veterans _Other nonprofit organization Mailing address City State Zip code County 5#- NC (2 0 k 4A.1\.,&, ",C MW 515(Aa I RnOKO, Name of chief executive officer(CEO] Daytime phone number E-mail address -%3-'73Z-12to(aa or% NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from., Secretary of State, Business Services Div., 60 Empire Drive, Suite 100,St. Paul, MN 55103 Phone: 651-296-2803 IRS Income tax exemption (501(c)) letter In your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS-Affiliate of national,statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION' Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Ci u-r6, v� ti–e Canc-e or.. Address [do not use PO box] City or township Zip code County 14020 mac KSon S# NE his 551421 Date[s] of activity. For raffles, indicate the date of the drawing. Nuc0t4v.5* Q,3 4'A 1 .2013 ('Ra*lts 8,r#-wk',,t 1,60 A%-5,,sA­ 4, ;Iokl) Check each type of gambling activity that your organization will conduct. Bingo* `7< Raffle —Paddlewheels* )( Pull-tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull-tabs, and Upboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.rnn.us and click on Distributors under the WHO'S WHO?UST OF LICENSEES, or call 651-639-4000. 30 LG220 Application for Exempt Permit 12112 Page 2 of 2 LOCAL UNIT OF:GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period, The application is acknowledged with no waiting period. __.Jhe application is acknowledged with a 30 day waiting The application Is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period,and allows the Board to Issue a permit after 30 [60 days for a 1st class city]. days. _The application is denied. The application Is denied. Print city name L­Jaw!)I&, ile(4 id-, Print county name Sfgnat cit perso n Signature of county personnel CYX Title Elate Title PC TOWNSHIP.If required by the county. On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349,166.] Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided In this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief executive officer's signature. /7C Date_0_1 ZI 2- Print name REQUIREMENTS .: Complete a separate application for: Financial report and recordliceeping required • all gambling conducted on two or more consecutive days,or A financial report form and instructions will be sent with your • all gambling conducted on one day. permit,or use the online fill-in form available at Only one application is required if one or more raffle drawings www.gcb.state,mn,us, are conducted on the same day Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board, —a copy of your proof of nonprofit status,and Questions? —application fee (non refundable). Make check payable to Call the Licensing Section of the Gambling Control Board "State of Minnesota." at 651-639-4000. To: Gambling Control Board This form will be made available in alternative format(i.e.large print Braille) 1711 West County Road B, Suite 300 South upon request, Roseville, MN 55113 1 Data privacy notice. The Information requested on this All other information provided will be pri- General;Commissioners of Administration, form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and Control Board(Board)to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor,national and qualifications to be Involved In lawful gambling activities In issues the permit,all information provided International gambling regulatory agencies; Minnesota, Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order;other indi- supply the information;however,if your organization Issue a permit,all information provided v1duals and agencies specifically authorized refuses to supply this Information,the Board may not be remains private,with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; Individuals and agencies as a consequence,may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a organization supplies the Information requested,the Board organization are available to; Board mem- new use or sharing of Information after this will be able to process the application. Your organization's bers,Board staff whose work requires notice was given;and anyone with your name and address will be public Information when received access to the information; Minnesota's written consent. by the Board. Department of Public Safety;Attorney 3 1 ;`Jesus Christ is the same yesterday, today can d forever."Heh,13:8 Archdiocese of Saint Paul and Minneapolis October 20,2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421-2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Croup Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Croup Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States,are tax exempt, The Church of the ,Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009.A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status,please contact me. Thank you. s� g, rds, e `J � Eisenzitar er C ancellor for CivILAhairs Enclosures 226 sUvI�IIT AVEN-uE • $T. PAUL, MINNESOTA 55102-21P�• TEL: (651) 29i-4405 FAX: (651) 290-1629 Internal Ralftnue-*,owe* Department of.the Treasury P.0.80X 2WS Cincinnati,ON 45201 JUL 28-Zoaq Person to Contact, Roger Mayor TW Free Telephone Number 877-829-6500 United States Conference of Catholic Bich" Employer fdonfilication Number: 3211 4;'Sir eet,KE 53-0196617 Washington,D.C.20017-1194 Group Exemption Number*. 0928 Doar Sir or Allada m., In a ruling dated March 25, 1946,we held that the agencies and Insimmentalfts eM all adubattonal, charfWbte and M11000S institutions operated,supervised,or corttrolted by or In connection with the Roman Cathol;o Church In the United States,its territories Or possessions aPPeaft In The Off Ml C8ffidk Vkt!ckry 1946,are entitled to exemption from Federal trK*ma tax under the provisions of section 101(6)Of the trftmal Revenue Code of IM,which corresponds to section 501(0)(3)of the 1986Code. This ruling has been updated annually to cover the organizations added to Or deleted from the Dkoctoty. Ae OftW CaMolld Dimc(ory for 2009 shows the names and addresses of ad agencies and Instrumentalities and all educationak chartlable,and rer-00u$WUtAWS Operated by the Roman Catholic Church in the United States,ft territodes and possessions in existence at the time the Directory was Published. ft Is understood that each of those is a next-profit organization,that no Pait of the net earnings thereof inures to the benefit of any Wrvidual,that no substantial pad of their activities is for promlion of legislation,and that none are private foundations under section SW(a)of the Code, Based on all Inkmmation submitted,we conclude that the agencies and InStrUrnentaliffes and educational,diarttable,and rallglous ins"ons operated,supervised,or controlled by or In connection with the Roman Catholic Church in the United States,Its territories or pos&mions appearfng In 7be Ofikial CaMolk 01 r for 2009 are exempt from Federal hOWA tax under section 501(c)(3)of the Coda. Donors may deduct coniftutions to the agencies,irrstrurnerrtaTtlies a nd in ff ns ref to a s tutio referred bov 0, as provided by section 170 of the Code. Bequ"ts.legacies,,devbe%transfers,or gifts to them or for fth-use we deductible for Federal estate and gift tax purposes if they meet the aWicaWe provisions Of sections 2D55,2106,and 2522 of the Code. ginning January 1, 1984,unless WcffiGglly mepted,yo'u and your subordinates mEzl pay tax under the Federal Insuranc*ContdNtions Act(FICA)for each employee who is paid VOO or more in a calendar year,as indexed for inflation. You and your subordinates are not I!aW for the tax under the Federal unemployment Tax Act(FUTA). 33 The conditions concerning tha retention of you group exemption as sat forth in our previous determination letter dated August 17, 1983,remain to Putt farce and effect. Sincerety, Cindy w tt Manager,Exempt Organizations Ueterminattons 34 CITY COUNCIL LETTER Meeting of January 28,2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAJ,�f ITEM:Approve Transfer of Funds for Toward Zero BY: Scott Nadeau BY: Death grant reimbursement from General Fund DATE January 23,-26IJ DATE: to Police Dept Overtime Line Item#1020 NO: BACKGROUND The Columbia Heights Police Department has been participating in the statewide Toward Zero Death program. We have been reimbursed by Coon Rapids,the agency coordinating the grant, in the amount of $4,054.42 for the overtime expended on that initiative. ANALYSIS/CONCLUSION The$4,054.42 was deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the Police Department Budget, Overtime line item. RECOMMENDED MOTION: Move to transfer the$4,054.42 received as reimbursement for overtime expended on the Toward Zero Death initiative from the General Fund to the Police Department Budget, Overtime Line Item 1020. COUNCIL ACTION: 35 CITY COUNCIL LETTER Meeting o Janu4!_y 28,2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVA ITEM: Authorization to Purchase Police Vehicles BY: Scott Nadeau BY: I.,IO DATE January 23,2013 DATE: BACKGROUND As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable vehicle fleet,the Police Department requests authorization to purchase two Ford Police Interceptor patrol vehicles. The purchase of two marked squad cars per year allows the department to keep the fleet in better working order,and aids in controlling costs on replacement parts. This also allows the marked squads to be rotated out of the police fleet at a reasonable period and rotated into another department in the city,who in turn get a better operating vehicle for conventional uses. The State of Minnesota has awarded the contract for the delivery of ford police vehicles for 2013 to Nelson Auto Center of Fergus Falls, MN. The Police Depastrnent is requesting:to purchase the following vehicles: I -2013 Ford Police Interceptor Utility vehicles @$26,253.00 e. 1 -2013 Ford Police Interceptor Sedan vehicles @$24,353.00 e. I—Ford Interceptor Utility Service Manual$4$7.00 Total: $51,093.00 The Police.Department is also requesting authorization to expend up to$31.376.00 for outfitting and setting up these vehicles for patrol use. This amount includes the standard scat-up as has bean done in the past. plus the purchase of necessary equipment for the squads including laptop computers,ticket printers and radar units. This is the amount that was budgeted in the Police Department's 2013 Capital Equipment budget. ANALYSIS/CONCLUSION It is our.recommendation to the Council that new marked patrol vehicles be purchased,with a total purchase price to be $51,093.00. The Police; Department is also requesting authorization to expend tip to $31,376.00 for outfitting and setting up thesc vehicles. RECOMMENDED MO'T'IONS MOTION: Move to authorize the purchase of two 2013 Ford Police Interceptor vehicles,one utility vehicle and one sedan, under the State of Minnesota bid,with funding to come from 431.42100.5150, in the amount of$51,093.00 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. MOTION: Move to authorize the Police Chief to expend up to$31,376.00 to set up and outfit two marked patrol cars. COUNCIL ACTION: 36 CITY COUNCIL LETTER Meeting of: January 28, 2013 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: FINAL COMPENSATING CHANGE ORDER BY: K.Hansen BY: AND FINAL PAYMENT FOR MISCELLANEOUS DATE: 1/23/13 DATE: CONCRETE PROJECTS#1000 And#1100 Background: The Contractor has completed the 2010 and 2011 Miscellaneous Concrete Repairs and Installations. This annual program consisted of curb and gutter, street, alley, driveway, and sidewalk improvements/repairs throughout the City. A spreadsheet with the fund distribution is attached. Retainage was held on both of these projects. Retainage was held on the 2010 project until some boulevard restoration was completed. Inadvertently, final payment was not made on the project once the work was completed. Retainage was held on the 2011 project because not all of the scheduled work was completed in 2011. This work was included with the 2012 project as bid prices remained the same for 2012. Analysis/Conclusions: The Miscellaneous Concrete Program is set up on an annual basis with a preliminary estimate of quantities for the entire year. The quantities of work will vary from year to year based upon actual work performed in the two phases (late spring and fall). Staff recommends approval of final compensating change orders and final payments to Ron Kassa Construction, Inc. and acceptance of the work. A copy of the change orders and the Engineer's Reports of Final Acceptance are attached. Recommended Motion: Move to approve final compensating change orders and accept the work for 2010 and 2011 Miscellaneous Concrete Repairs and Installations, City Projects#1000 and#1100, and authorize final payments of$795.56 and$2,954.71 respectively to Ron Kassa Construction, Inc. of Elko, Minnesota. Attachment: 2010 Change Order 2011 Change Order 2010 Engineer's Report of Final Acceptance 2011 Engineer's Report of Final Acceptance 2010 Fund Distribution Spreadsheet 2011 Fund Distribution Spreadsheet COUNCIL ACTION: 37 FINAL COMPENSATING CHANGE ORDER Project: 2010 Miscellaneous Concrete Re airs and Installations Ci Project: 1000 Owner: City of Columbia Heights Date of Issuance: Jan 23,2013 637 38"'Avenue N.E. Columbia Heights,MN 55421 Contractor: Ron Kassa Construction, Inc. Engineer: City Engineer 6005—250"'Street East Elko,MN 55020 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. No. Item Description Unit Quantit Unit Price Total Price 1 Remove curb and gutter L.F. 230 $ 6.00 $ 1,380.00 2 Construct curb and gutter L.F. 237 $ 18.50 $4,384.50 3 Remove and construct 8"street S.F. 256 $ 4.95 $ 1,267.20 4 Remove and construct 6"driveway S.F. 360 $ 5.30 $ 1,908.00 5 Remove and construct 4"sidewalk S.F. 843 $ 4.80 $4,046.40 6 Remove and construct x-walk strip S.F. 291 $20.00 $ 5,820.00 $18,806.10 Purpose of Change Order: The contract has been modified to include additional quantities for installation of curb and gutter, street,driveway and replacement of hazardous sidewalk. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 66,803.25 Previous Change Orders No._to No._ Net Change from Previous Change Order: None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $66,803.25 Net Increase(Decrease)of this Change Order: Net Increase(Decrease) of Change Order: $ 18,806.10 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 85,609.35 Recommended Approved By: By: City Engineer Ron Kassa Construction,Inc. City Manager Walt Fehst Mayor Gary Peterson Date of Council Action 38 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2010 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NUMBER 1000 January 23, 2013 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Ron Kassa Construction, Inc. The work consisted of curb and gutter, street, alley, driveway, and sidewalk improvements/repairs throughout the City. The contractor has substantially 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 $66,803.25 CHANGE ORDER $18,806.10 FINAL CONTRACT AMOUNT $85,609.35 FINAL WORK APPROVED $85,605.40 ALL PRIOR PAYMENTS ($84,809.84) BALANCE DUE $ 795.56 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 40 00 00 00 O0000 0 F- 0 0 C?ll� O O 0 q m q c q z —toNo cfj D N o 0 0 0 M N co O 00 N L6 6 LLJ 0 O O Z 00 NM tNp 00 6i rn o Z 't D ol 0 MLr! Z < oo a co 0— z �2 O co 0u� 00 00 O o to O oD O O N c> :2 0 61> cD 00 0 0 ol c6 (D N O O o 0 M oR � O 0 < D cly QR cl! Z D rn 0 P < F- 00 C) 0- , Cl ui Z D Z O ol LL LLJ F- LLI z 0 0 C, UJ `o 6 0 < 45 Z w > E > E > 2 2 0 0 o 0 0 o 0 E E c E c E c E o o w 0 w 0 0 o 0 0 FINAL COMPENSATING CHANGE ORDER Project: 2011 Miscellaneous Concrete Re airs and Installations Ci Project: 1100 Owner: City of Columbia Heights Date of Issuance: Jan 23,2013 637 38t1i Avenue N.E. Columbia Heights,MN 55421 Contractor: Ron Kassa Construction, Inc. Engineer: City Engineer 6005—250t"Street East Elko,MN 55020 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. No. Item Description Unit Quantit Unit Price Total Price I Remove curb and gutter L.F. 141 $ 6.50 $ 916.50 2 Construct curb and gutter L.F. 351 $ 18.50 $ 6,493.50 3 Construct 8"street S.F. 651 $ 3.70 $2,408.70 4 Remove and construct 6"driveway S.F. 284 $ 5.30 $ 1,505.20 5 Remove and construct 4"sidewalk S.F. 1,810 $ 4.70 $ 8.507.00 $19,830.90 Purpose of Change Order: The contract has been modified to include additional quantities for installation of curb and gutter, street(drainage swale for JPM parking lot),driveway and replacement of hazardous sidewalk. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 39,264.70 Previous Change Orders No._to No._ Net Change from Previous Change Order: None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 39,264.70 Net Increase(Decrease)of this Change Order: Net Increase(Decrease)of Change Order: $ 19,830.90 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 59,095.60 Recommended Approved By: By: City Engineer Ron Kassa Construction,Inc. City Manager Walt Fehst Mayor Gary Peterson Date of Council Action 42 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2011 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NUMBER 1100 January 23, 2013 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Ron Kassa Construction, Inc. The work consisted of curb and gutter, street, alley, driveway, and sidewalk improvements/repairs throughout the City. The contractor has substantially 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 $39,264.70 CHANGE ORDERS $ 19,830.90 FINAL CONTRACT AMOUNT $ 59,095.60 FINAL WORK APPROVED $ 59,094.18 ALL PRIOR PAYMENTS ($ 56,139.47) BALANCE DUE $ 2,954.71 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 44 C,0 0 O et Z) 0 0 2 M 14 V I F- C) 0 C5 Oa C, a 0 C) Z) 0O 00 O 0 00 C)C, C? M C! < Z) 00 00 � 00 0 4.0 "� "*0:LQ 00 z C, Z) q 0 U) < 0 D 0 cq 0(q q cq co 00 D :2 0 O M(1) < F 1 2 LO (1) Z) O M 0 0 O O .y. 0 m m 0— Z V cli 0 < F V 06 C) m Iq < o CY N - N C Z < D w 0 C) r-: 0 Iq z[if vi D Z D U- w > LLJ z a m Z 0 U) D LU n C N OU N U u OE z w > > 2 > 2 2 O 0 o 0 v y E E c E E w 0 0 0 w 0 T 0 w Lt I C)I aflol x1ol CITY COUNCIL LETTER Meeting of January 28, 2013 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: K. Hansen BY: FOR THE 2013 MISCELLANEOUS CONCRETE DATE: 1/23/13 DATE: REPLACEMENT AND INSTALLATION PROJECT The City has an ongoing annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk, and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works budget, such as in the Water Fund for the replacement/repairs of concrete removals caused by water main breaks or Street or State-Aid Departments for concrete street panels. Recommended Motion: Move to authorize staff to seek bids for the 2013 Miscellaneous Concrete Replacement and Installation Project. COUNCIL ACTION: 46 CITY COUNCIL LETTER Meeting of JanuaKy 28 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-011 BY: Kevin Hansen BY: APPROVING JOINT POWERS AGREEMENT DATE: 1/23/13 DA (JPA)FOR GEOGRAPHIC INFORMATION SYSTEM SERVICES Background: This joint powers agreement proN ides the cities of Andover, Fridley and Columbia Heights the opportunity to share the services of a Geographic Information System (GIS) specialist. Each city participates in the program individually,as their GIS needs require. The City of Fridley requested the Joint Powers Agreement be updated as it has expired. The agreement was last approved by the cities in 1996. Analysis/Conclusions: The Public Works Department budgets for the services of a GIS Specialist approximately one day a week. The work primarily involves maintaining the City's base map and special projects. Routine maps are done by Engineering Department staff. Examples of special projects include the census maps used by the Library for the Task Force,foreclosed housing maps used by Community Development,and cataloging the sanitary sewer video tapes for easy retrieval. In addition, Columbia Heights benefits from experience of work done in other communities. Recommended Motion: Move to waive the reading of Resolution 2013-011,there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-011 being a resolution approving the Joint Powers Agreement for GIS services. Attachments: Resolution 2013-011 GIS JPA COUNCIL ACTION: 47 RESOLUTION 2013-011 RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM(GIS) SERVICES WHEREAS, the cities of Andover, Fridley and Columbia Heights wish to provide GIS Services in an efficient and cost-effective manner; and WHEREAS,the Agreement provides for the cities to jointly and cooperatively contract for GIS Services; and WHEREAS, the City Council has determined that approving the Agreement is reasonable, prudent, and in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: The Joint Powers Agreement is approved and the Mayor and City Manager are authorized and directed to execute the Agreement. Passed this 28th day of January, 2013. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: B Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 48 GIS JOINT POWERS AGREE NT This Agreement is made and entered into by and between the City of Andover, a Minnesota municipal corporation, the City of Fridley, a Minnesota municipal corporation, and the City of Columbia Heights, a Minnesota municipal corporation. RECITALS WHEREAS, the parties hereto desire to jointly and cooperatively exercise their powers to provide geographic information systems and data as efficiently and cost-effectively as possible;and WHEREAS, the parties hereto previously executed a GIS Joint Powers Agreement in 1996(the"1996 JPA Agreement'),which has lapsed;and WHEREAS, despite the lapse of the 1996 JPA Agreement, the parties hereto continued to jointly and cooperatively contract for a common geographic information systems and data; and WHEREAS, the parties desire to reaffirm their commitment to such joint and cooperative activity concerning common geographic information systems and data, and memorialize their joint and cooperative activity and agreement with respect to such activity; NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: -1- 49 I. PARTIES The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, as may be amended from time to time. II, DEFINITIONS For the purpose of this Agreement, the terms defined in this Article have the meanings given to them. Section 1. "Board"means the board of directors established by Article V. Section 2. "Council"means the governing body of eachgovernmental unit. Section 3. "GIS"means geographic information systems. Section 4. "GIS Provider" means the person or firm hired to provide GIS technical assistance to the Organization and fulfill the tasks generally described in Section IV of this Agreement. Section 5. "Member" means the governmental unit which has entered into and become a party to this Agreement. Section 6. "Members"means all the governmental units which have entered into and become a party to this Agreement. Section 7. "Organization" means the joint and cooperative organization created by this Agreement and comprised of the Members of this Agreement. III. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to coordinate efforts to provide GIS services to the Members and provide joint funding of a GIS Provider. IV. SCOPE OF SERVICES -2- 50 This Organization shall be responsible for organizing and updating databases for use with GIS software, updating of GIS base maps, and providing custom GIS applications based on the need of each of the Members. Furthermore, the Organization shall provide various forms for training of GIS users, develop proposals that will enable individual Members to seek quotes for various data gathering input to their respective GIS systems, analyze each Member's GIS hardware,and render advice relative to the networking of each Member's hardware. V. GOVERNING BOARD The governing body of the Organization shall be a Board consisting of three persons, each of whom shall be the City manager/administrator of each Member or their designees. The Board shall not have the authority to issue bonds. VI. MEETINGS Section 1. Board members shall meet at least once annually for the purpose of evaluating the work of the GIS Provider as well as defining the scope and cost of work to be completed in the next calendar year. Said meeting shall be held on or before October 1St, of each year, or on such other day as the Board may mutually agree upon. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted by this Agreement. It may contract with any of its Members, or others, to provide space, services or materials on behalf of the Organization. VII. DISTRIBUTION OF BENEFITS All benefits of the GIS Provider services are to be allocated among the Members of the Organization in a manner and in proportion as mutually agreed upon by the Members based upon their individual usage of the services. The GIS Provider will strive to accomplish the items in -3- 51 the Scope of Services relevant to all Members before performing additional, individual Member- specific tasks. The GIS Provider will be available to meet with the representative of each of the Members to discuss progress being made on each of the items listed in the Scope of Services and each Member's specific tasks. VIII. FINANCES Section 1. Members shall contribute to the cost of a contract with a GIS Provider for the performance of tasks identified under the Scope of Services in proportion to the benefit of service each Member receives from the GIS Provider. Each Member shall be provided with a quarterly summary of costs incurred under this Agreement, and will pay amounts due within thirty(30)days of receiving said summary. Section 2. The Organization's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Columbia Heights to act as depository for the Organization's funds. There shall be no disbursement of Organization funds from the City of Columbia Heights depository account without the prior written approval of at least two Board members. Section 3. The City of Columbia Heights will receive invoices from the GIS Provider and pay the GIS Provider on a monthly basis for the work performed, in accordance with this Agreement. The City of Columbia Heights shall be responsible for maintenance of any grant revenue or other revenues collected by the Organization. Interest collected on funds held on behalf of the Organization shall be the property of the Organization. Section 4. The Board shall make a financial accounting report to the Members at least once a year. The books and records of the Organization shall remain open and available for inspection by Members at all reasonable times. -4- 52 Section 5. An annual budget shall be adopted by the Board at the organizational meeting and the annual meeting each year. Copies of the budget shall be mailed promptly to the City manager/administrator of each Member. The budget shall be deemed approved by each Member with the exception of any Member who, at any time prior to the annual meeting, gives notice in writing to other Members that it is withdrawing from the Organization. IX. INDEMNIFICATION Each Member shall fully indemnify and hold harmless the other Members against all claims, losses, damages, liability, lawsuits,judgments, costs and expenses by reason of action or inaction of its employees assigned to the Organization. The Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by Minnesota Statutes,Chapter 466. To the fullest extent permitted by law, this Agreement is intended to be, and shall be, construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unity" for the purposes of liability, as set forth in Minn. Stat. §471.59, Subd. la(b). Nothing herein shall be construed to waive or limit any immunity availability to any Member, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. Under no circumstances shall a Member be required to pay on behalf of itself or other Members, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 relative to any third party claim. The statutory limits of liability for some or all of the Members may not be added together or stacked to increase the maximum amount of liability for any third party claim. -5- 53 X. DURATION This Agreement shall become effective upon the execution by all Members listed in Paragraph 1 of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. This signed Agreement shall be filed with the City Clerk in the City of Andover, who shall notify all Members in writing of its effective date. Section 1. This Agreement shall continue in full force and effect, automatically renewing annually, unless and until terminated pursuant to Section 2 of this Article. Section 2. This Agreement can be terminated at any time upon the prior written agreement of two-thirds(213)of the Board members. Section 3. Upon termination of this Agreement, all property of the Organization, and any proceeds from the sale thereof, shall be distributed to the Members in proportion to the contributions of each Member of this Agreement. Section 4. Governmental units wishing to become Members after the effective date of this Agreement may be admitted only upon the favorable vote of two-thirds (213) of the votes of the Board members. Financial contributions and responsibilities of any newly admitted Member shall be prorated to the date of membership as determined by the Board. IN WITNESS W7E317EREOF, the undersigned governmental units, by action of their governing bodies,have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. [The remainder of this page is intentionally left blank.] -6- 54 CITY OF ANDOVER SIGANTURE PAGE Approved by the City Council CITY OF ANDOVER 520_ By Title Date of Signature By Title Date of Signature -7- 55 CITY OF FRIDLEY SIGNATURE PAGE Approved by the City Council CITY OF FRIDLEY , 20— By Mayor Date of Signature By City Manager Date of Signature -8- 56 CITY OF COLUMBIA HEIGHTS SIGNATURE PAGE Approved by the City Council CITY OF COLUMBIA HEIGHTS , 20— By Title Date of Signature By Title Date of Signature -9- 57 CITY COUNCIL LETTER Meeting of: January 28, 2013 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM:FINAL PAYMENT FOR SANITARY SEVER BY: K.Hansen By: � LINING,PROJECT 1104 DATE: 1/23/13 DATE: Background: On September 12, 2011, the City Council awarded the annual sanitary sewer lining program to Insituform Technologies USA, Inc. This annual program rehabilitates sections of sanitary sewer pipe that have cracked or broken joints or sections, contain root intrusion or have infiltration present. This was a combined project for years 2011 and 2012. This project consisted of lining the following segments: 1. 985 L.F. of 10"VCP on 4th Street, 40th Ave (CSAH 2)to 1St MH south of 42"d Ave 2. 815 L.F. of 8"VCP on 4"' Street, 1 st MH south to 2"d MH north of 42"d Ave 3. 1,315 L.F. of 10"VCP on 5th Street, 40th Ave (CSAH 2)to 42"d Ave 4. 330 L.F. of 8" VCP on 5th Street, 42"d Ave to 1St MH north of 42"d Ave 5. 1,644 L.F. of 8"VCP on 6th Street, 40th Ave (CSAH 2)to 1St MH north of 42"d Ave 6. 520 L.F. of 8"VCP on Washington Street, 1St MH south to 1St MH north of 42"d Ave 7. 333 L.F. of 10"VCP on 42"d Avenue, 5th St to 6th St 8, 665 L.F. of 8"VCP on 42nd Avenue, 6th St to Washington St 9. 775 L.F. of 8"VCP on 40th Avenue, 2"d St to University Ave In addition, the following wye connections from the sanitary main to the service lateral were lined: 1. 23 connections on 6th Street from 40th Ave to 42"d Ave. Analysis/Conclusions: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Insituform Technologies USA, Inc. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 1104, and to authorize final payment of$14,511.58 to Insituform Technologies USA, Inc. of St Louis, Missouri. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 58 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2011 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 1104 January 23, 2013 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Insituform Technologies USA, Inc. The sanitary sewer work consisted of lining the following mains: 1. 985 L.F. of 10"VCP on 4th Street, 401h Ave (C SAH 2) to I"MH south of 42nd Ave 2. 815 L.F. of 8" VCP on 4'h Street, I't MH south to 2nd MH north of 42nd Ave 3. 1,315 L.F. of 10"VCP on 5th Street, 401h Ave(CSAH 2)to 42nd Ave 4. 330 L.F. of 8" VCP on 5'h Street, 42nd Ave to I"MH north of 42nd Ave 5. 1,644 L.F. of 8" VCP on 6th Street, 401h Ave (C SAH 2)to I"MH north of 42nd Ave 6. 520 L.F. of 8" VCP on Washington Street, I st MH south to I"MH north of 42nd Ave 7. 333 L.F. of 10"VCP on 42nd Avenue, 5th St to 6" St 8. 665 L.F. of 8" VCP on 42nd Avenue, 6'h St to Washington St 9. 775 L.F. of 8" VCP on 40th Avenue, 2nd St to University Ave In addition, the following wye connections from the sanitary main to the service lateral were lined: 1. 23 connections on 6th Street from 40'h Ave to 42nd Ave. 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 $296,606.40 CHANGE ORDER $ 0.00 FINAL CONTRACT AMOUNT $296,606.40 FINAL WORK APPROVED $290,231.50 ALL PRIOR PAYMENTS ($275,719.93) BALANCE DUE $ 14,511.58 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 59 Meeting CITY COUNCIL LETTER o[ AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS DATE: January 18, 2013 DAT ITEM: AUTHORIZATION TO SEEK BIDS BY: K. Hansen BY: FOR 2013-2014 DUTCH ELM, OAK WILT, EMERALD ASH BORER DISEASED TREE AND HAZARDOUS TREE REMOVAL PROGRAM Background: Staff requests authorization 10 seek bids for the 20l3-20l4 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. This isnoongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers o two-year period. The current contract ended December 3l` 20]2, Analysis/Conclusions: Funding for tree removal comes from the General Fund for trees on public rights-of-way or land. Funding for privately owned trees is funded 25%by the General Fund with property owners paying for the other 75%. In 2Ul2, the City's tree contractor removed 253 trees, 10g public and l44 private and io20ll` 244 trees were removed, 103 private and 144 public. RECOMMENDED MOTION: Move to authorize staff to seek bids for the 2013-2014 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. COUNCIL ACTION: 60 CITY COUNCIL LETTER Meeting of: January 28 2013 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: PUBLIC WORKS BLANKET BY: K. Hansen BY: F .t ORDERS FOR 2013 PURCHASES DATE: December 27,2012 DATE: Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of$15,000. Staff is requesting authorization to process blanket purchase orders for 2013 to cover the items described herein. Analysis/Conclusions: The adopted 2013 Public Works budget has the following amounts established for: 2013 Budgeted Amounts • De-icing salt for sanding operations $ 36,160 • Fuel for City vehicles $170,830 • Bituminous asphalt for patching and paving $ 59,774 • Water Service Stop Box Repairs $ 65,610 Public Works Department purchases de-icing salt off of the State of Minnesota Contract,which is bid for the 2012-2013 winter season for multiple municipalities. The 2012-2013 contract for salt is in effect from June 8,2012 until June 7,2013, so the vendor and unit price may change. The current contract supplier is Cargill. In the past,the City has purchased its unleaded and diesel fuel off of the Anoka County Cooperative Purchasing Contract. This year the fuel purchasing is offered as a State of Minnesota Contract,with multiple cities and counties participating. The City will purchase 70%of its fuel off the state contract and the remainder off the lowest available purchasing contract,which in recent years has been Anoka County.For street patching and repairs,staff obtains unit price bids for asphalt materials annually,and in 2012,the primary source was Commercial Asphalt,but is subject to mix(type) availability on high demand days. For delinquent accounts and foreclosed properties,the City snakes water stop box repairs in accordance with City ordinance.Pricing for curb stop repairs is provided on a unit price basis for a one-year term through 2013. Recommended Motion: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2013 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching.'paving City streets and alleys from Commercial Asphalt,or City of St. Paul,or T.A. Schifsky& Son's. • Curb stop and service repairs,for delinquent accounts and foreclosed properties. KH:bt COUNCIL ACTION: 61 CITY COUNCIL LETTER Meeting o£ January 28, 2013 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: January 23 2013 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the January 28,2013 Council meeting. This agenda consists of applications for Contractor licenses for 2013. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 28,2013 as presented. COUNCIL ACTION: TO CITY COUNCIL January 28, 2013 62 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2013 BLDG *Mike Larson Master Plumber 5120 Hooper Lk Rd, Deephaven $60 *KFS Plumbing 28564 Lily St NW, Isanti $60 *Tschida Bros Plumb 1036 Front Ave, St Paul $60 The Heating Guy 3004 Ottawa So. St Louis Pk $60 7 Metro Htg & AC 609 150th Ave, Ham Lake $60 Jay Hawk Mech 3307 No 2nd St, Mpls $60 *Hoffman Htg 5660 Memorial Ave N, Stillwater $60 *Centerpoint Energy 9320 Evergreen Blvd, Coon Rap $60 *Aspen Air 308 SW 15th St, Forest Lk $60 *Priority Plumb 14270 201 st Ave NW, Elk River $60 *Tim's Quality Plumbing 523 Central Ave, Osseo $60 *Adam's On Time PI 13791 Jonquil Ln N, Dayton $60 *AC Tompkins PI & Htg 16445 221St Ave SW, Elk River $60 *GR Danielson 1551 164th Ln NE, Ham Lake $60 *Soderlin PI & Htg 3612 Cedar Ave So, Mpls $60 *Overland Contracting Inc 587 Sigman Rd NE, Conyers GA $60 *Matt's Tree Service 2751 Hennepin Ave, Mpls $60 63 CITY COUNCIL LETTER Meeting of January 28, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE 41,�V#1 NO: DATE: January 22, 2013 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Property Maintenance Codes has been resolved. RECOMMENDED MOTION: Move to issue a rental-housing license to Federal National Mortgage Association to operate the rental property located at 1301-03 Circle Terrace Boulevard in that the provisions of the Property Maintenance Code have been complied with. COUNCIL ACTION: 64 CITY COUNCIL LETTER Meeting of January 28, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: January 22, 2013 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 28, 2013 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 65 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC Inspection Division ouo*1m Avenue KE.-opmrnmm Heights,mw ss*a1-Ph:r63-ra"1nm'Fmcrso-7m6-mn1 10125 4030QU|NCYST Azizi. VVahar F12200 147O2 Excelsior Blvd.#1372 $ 150.00 Minnetonka, PWN55345 10128 4117 JEFFERSON ST 5a]ady. Naaroen F12218 4117 Jefferson $ 150.00 Columbia Heights, MN 55421 10136 65847THAVE Ootrovvaki. Bnent F12172 1370 Pike Lake Court $ 150.00 New Brighton, K8N551i2 10145 4311 RESERVOIR BLVD Hinrichs, Eric F12180 425Q Arthur StNE $ 372.50 Columbia Hoighto, MN 55421 10175 4000 WASHINGTON ST Bona. Brian F12182 5333 University Ave $ 150.00 Fridley, MN55421 10333 5000MULCAREDR Soawe||. Dawa F12176 4128 Tyler Street NE $200.00 Columbia Hoights, MN 55421 10381 421AST|NSONBLVD Kelly, Renee F12293 1505 East Crystal Lake Road $ 150.00 Burnsville, K4N553OS 10375 4332 6TH ST Kie|er Construction &Holdings LLC F12177 368U Holly Lane#10 $ 150.00 Plymouth, MN55447 10383 1205 44 1/2 AVE Jn||e. Chriata F12047 75 Bushey Rd. $ 150,00 Pittsfield, yWA01201 10308 086431/2AVE Pin0ui|. Jooe F12280A 738 Quincy S( NE $ 150.00 Minneapolis, K4N55413 30092 3838yWCK[NLEYST Hart Lakes Apartments, LLC F12205B 5402Parkda|eOrSTE.#200 $470.00 St. Louis Park, K8N55410 Total#o[Licenses 01/22/2013 11:40 Page 1 66 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 28, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 146598 through 146747 in the amount of$ 1,812,243.22. 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2013-05, 06, and 08 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2013-05, 06, and 08 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 75 RESOLUTION 2013-05 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 Anthony Brown(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 4056-58 5th 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 November 26, 2012 of an public hearing to be held on January 28, 2013. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 15,2012 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 November 26,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 15, 2013 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall the kitchen cabinets that the laminate peeling off,shall repair all drawer fronts in the kitchen, 4058 b. Shall replace all missing light cover/globes in all bedroom, 4058 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 F12187 is hereby revoked. 76 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2013 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 77 RESOLUTION 2013-06 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 KSR Investments, LLC (Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 1000 Peters Place 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 December 6,2012 of an public hearing to be held on January 28, 2013. Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 31,2012 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 snail to the owner at the address listed on the Rental Housing License Application. 2. That on December 6,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 17, 2013 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall repair_THE REAR ENTRY DOOR to close and latch under its own power 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 F 11796 is hereby revoked. 78 2'. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2013 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 79 RESOLUTION 2013-08 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 Jose Pinguil (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 230 44`b Avenue N.E. Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 31, 2012 of an public hearing to be held on January 28, 2013. Now,therefore, in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 14, 2012 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. On November 21, 2012 the Building Official performed an inspection on the property. The property failed that inspection and as of this date no reinspection has been scheduled. A letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 31, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F12289 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; 80 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2013 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 81 CITY COUNCIL LETTER Meeting of January 28, 2013 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:�( Abatement G°- DATE: January 22, 2013 DATE: NO: 13-09 to 13-10 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2013-09—3843 Hayes Street 2013-10— 5011 University Avenue for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2013-09, and 10 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2013-09, and 10 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations fiom the properties pursuant to City Code section 8.206. COUNCIL ACTION: 82 RESOLUTION 2013-09 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of the property owned by Wells Fargo Bank NA (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3843-43-1/2 Hayes Street NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 29, 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 October 24, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 29, 2012 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 16, 2013 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair all rodent holes in the structure B. Shall repair/replace roof C. Shall repair all siding D. Shall remove all scrub growth on the property E. Shall remove the dead tree(and all of the tree stump(s))on the property to within 2-4 inches below ground level 5. That all parties,including the owner of record and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3843-43-1/2 Hayes Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 83 3. That all applicable rights and periods of appeal as relating to the owner of record,occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3843-43-1/2 Hayes Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2013 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 84 RESOLUTION 2013-10 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of the property owned by Hot Market/Sadiq Sherai Punjani (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5011 University Avenue NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on December 26, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 9, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on December 26, 2012 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 17, 2013 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace the broken front window 5. That all parties,including the owner of record and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5011 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record,occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 85 ORDER OF COUNCIL 1. The property located at 5011 University Avenue constitutes a nuisance pursuant to City Code, 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2013 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 86 CITY COUNCIL LETTER Meeting o£ JanuaKy 28 2013 AGENDA SECTION: OTHER ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER AND RESOLUTIONS PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-012 BY: Kevin Hansen BY: ' APPROVING AMENDMENT NO. 1 TO WATER DATE: 1/23'13 DATE: AGREEMENT WITH THE CITY OF MINNEAPOLIS Background: The City of Columbia Heights entered into a long-term contract with the City of Minneapolis Water Works (MWW) for the supply and purchase of water in 2004. Section 4 of the agreement stipulates that Columbia Heights would maintain its water system from the point of delivery, including the meter. Columbia Heights has owned and maintained the`Master Meter,'in accordance with the contract provisions.This includes testing and calibrating for accuracy every two years in accordance with national AWWA standards. Public Works staff was contacted by the Director of the MWW related to transferring ownership and the maintenance of our master meter—see attached MWW letter dated September 6, 2012. A contract amendment is attached that proposes to change Section 4 — Measurement, and Section 9 — Indemnification to the extent that Minneapolis both owns and maintains the master meter. The MWW has proposed this amendment for meter ownership for each of their municipal or wholesale customers. Staff recommends approval of the resolution accepting the amendment as it will result in a net cost savings to the City of Columbia Heights in both bi-annual maintenance costs(estimated at$2,800 every two years) and meter replacement costs(estimated at$30,000). Meter testing was last performed in 2012 and the master meter expected replacement,based on a 20-year life, would be in 2026. Recommended Motion: Move to waive the reading of Resolution 2013-012, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-012 being a resolution approving Amendment Number 1 to the Water Agreement between the cities of Minneapolis and Columbia Heights and authorizing the Mayor and City Manager to execute amended agreement. Attachments: Resolution 2013-012 Amendment Number 1 to Water Agreement MWW letter dated September 6`h, 2012 COUNCIL ACTION: 87 RESOLUTION 2013-012 RESOLUTION APPROVING AMENDMENT NUMBER 1 OF WATER AGREEMENT BETWEEN THE CITIES OF MINNEAPOLIS AND COLUMBIA HEIGHTS WHEREAS, the City of Minneapolis operates a municipal water system known as the Minneapolis Public Works—Division of Water Treatment and Distribution Services; and WHEREAS, on June 1, 2004 the City of Minneapolis and the City of Columbia Heights entered into an Agreement entitled"Minneapolis—City of Columbia Heights Water Agreement" for the City of Minneapolis to supply water to the City of Columbia Heights; and WHEREAS, the City of Minneapolis and the City of Columbia Heights deem it appropriate to make amendments to Section 4 and Section 9 of that agreement defining Master Meter Maintenance; and WHEREAS,the City Council has determined that approving the Amended Agreement is reasonable,prudent, and in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: Amendment Number I to the Water Agreement is approved and the Mayor and City Manager are authorized and directed to execute the Amended Agreement. Passed this 28th day of January, 2013 Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: B Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 88 y AMENDMENT ER 1 MINNEAPOLIS—CITY OF COLUMBIA HEIGHTS WATER AGREEMENT—2404 AMIENDMIENT TO CONTRACT NO.C-20603 This agreement is made and entered into as of the day of ,by and between the City of Minneapolis,a Minnesota home rule charter city in Hennepin County,Minnesota(City)and the City of Columbia Heights,a Minnesota Municipal Corporation(Columbia Heights) WIT SSET : RECITALS Whereas,the City of Minneapolis operates a municipal water system known as the Minneapolis Public Works—Division of Water Treatment and Distribution Services;and, Whereas,the City of Minneapolis and the City of Columbia Heights have previously entered, into an Agreement for the City to supply water to the City of Columbia Heights to be effective the 1" day of June 2004 entitled"Minneapolis—City of Columbia Heights Water Agreement;and WHEREAS, the City of Minneapolis and the City of Columbia Heights deem it appropriate to make amendments to that agreement as specified herein. Now THEREFORE,it is mutually agreed as follows: That Section 4 Measurement is amended to read as follows: The water delivered pursuant to this Agreement shall be measured by meters to be furnished and maintained by the City of Minneapolis at its own cost and expense at existing locations. Such meters shall be subject to periodic inspection and testing by the City of Minneapolis according to American Water Works Association(AWWA)Standards for frequency of testing,accuracy and tolerances of such meters. The cost of testing shall be paid by the City of Minneapolis. That Section 9 Indemnification by Minneapolis is amended to read as follows: Indemnification by Minneapolis Minneapolis agrees to indemnify and save City of Columbia Heights harmless for any and all claims based on the quality of the water supplied to City of Columbia by Minneapolis, as described in Section 8 of this Agreement,which arise or may result from Minneapolis' operations or the actions or neglect of Minneapolis'officers,employees or agents pursuant to this Agreement, or from the use,installation,maintenance,and repair of Minneapolis facilities, inside or outside of Minneapolis or the reading of City of Minneapolis'master meters by Minneapolis personnel,and will assume the defense of any actions arising therefrom in which City of Columbia Heights is made a party defendant. City of Columbia Heights shall give Minneapolis prompt notice of such action. The forgoing indemnification,and any liability assumed by Minneapolis as a result thereof,shall be 89 subject to the limits of liability and other provisions set forth in Minnesota Statutes,Chap. 466. BE IT FURTHER RESOLVED,That the existing meters for Columbia Heights shall become the property of the City of Minneapolis and this amendment shall be effective January 1,2013. 90 fN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESSETH City of Minneapolis City of Columbia Heights Department Responsible for By Administering this Agreement Department of Public Works ITS Department Director By: Approved as to Form: US: Assistant City Attorney Finance Officer/Designee Date 91 ISeptember 6,2012 Minneapolis Uty of Lakes Department of Public Works Steven A Kotke,P.E, City Engineer Director Kevin Hansen 350 South 5th Street-Room 203 Public Works Director,City Engineer Minneapolis MN 55415 637 381h Avenue NE Office 612 673-3000 Columbia Heights, MN 55421 Fax 612 673-3565 M 612 673-2157 RE: Master Meter in Columbia Heights Dear Mr. Hansen: The City of Minneapolis is interested in owning and maintaining the water meter to Columbia Heights from Minneapolis. The current contract calls for Columbia Heights to furnish and maintain the master meter. The contract also calls for Columbia Heights to provide periodic testing at Columbia Height's cost with monitoring by Minneapolis. Minneapolis is willing to take responsibility for the future testing of the meter,replacement of the meter, and the associated costs with monitoring of the testing by Columbia Heights, If Columbia Heights is willing to transfer ownership of the master meter to Minneapolis, Minneapolis will take all future responsibility for the master meter. If Columbia Heights is interested in this arrangement, I will write a MOU as an addendum to our contract to provide for this change. If there are questions,please call me at 612-673-2418. Sincerely, Bernie R. Bullert Director—Minneapolis Water Treatment&Distribution Services Department of Public Works ff e 1 br=M= city Information and Smicas www.d.minneapolis.mn.us; columbiaheightsmastermeter.doex Affirmative Action Employer 92