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HomeMy WebLinkAbout10/14/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40'n Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at.-wnov.cLcolunabia-heiel¢ts.mn.us Robert A. Williams Bruce Nawrocld Tammera Diehm Donna Schmitt City Manager Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 14, 2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia eights, MN. The City of o um is Heights does not discriminate on the basis of isa i ity in the admission or access to, or treatment or employment in, its services,programs,or activities. Upon request,accommodation will be provided to allo w ind ividuals with disabilities to p articipate in all Ci ty o f Co lumbia Heig hts'sery ices,p rograms,an d activities. Au xiliary aid s for d isabled p ersons are av ailable u pon req uest wh en th e req uest is made at least 9 6 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 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. Proclamation: Family Promise Week- October 20th -27th Pg 6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council Meeting Minutes of September 23,2013 Pg 7 MOTION: Move to approve the City Council Meeting Minutes of September 23, 2013. B. Accept Board and Commission Meeting Minutes Pg17 MOTION: Move to accept the September 4, 2013 Library Board Meeting Minutes. C. Adopt Resolution 2013-74, Regarding LELS Labor Agreement--Police Officers P919 MOTION: Move to waive the reading of Resolution 2013-74, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-74, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2013 and 2014. D. Grant Agreement between the City_ of Columbia Heights and the Anoka County HRA Regarding pg24 Disbursement of Levy Funds MOTION: Move to approve Grant Agreement by and between the City of Columbia Heights and the Anoka County Housing and Redevelopment Authority dated October 14, 2013, regarding 3 City Council Agenda Monday,October 14,2013 Page 2 of 3 the Disbursement of Levy Funds. E. Approve Funding Agreement with MWMO in the Amount of$795,000 and Authorize the P93 0 Preparation of Plans and Specifications/Design Engineer MOTION: Move to enter into a funding agreement with the Mississippi Watershed Management Organization (MWMO) for the Jackson Pond improvements for an approved amount not to exceed $795,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MOTION: Authorize the preparation of plans and specifications and move to accept a professional services agreement with WSB &Associates for complete design,bidding, and construction management services for the Jackson Pond improvements in the amount of$59,814; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. F. Adopt Resolution 2013-89 being a resolution ordering_preparation of a Feasibility Report for the Pg4 0 Alley Rehabilitation Program MOTION: Move to waive the reading of Resolution 2013-89, there being ample copies available for the public. MOTION: Move to adopt Resolution 2013-89, being a resolution ordering preparation of a Feasibility Report for Alley Rehabilitation Program. G. Approve Gambling Permit: Immaculate Conception Church bingo event for November 17, 2013 Pg4 6 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 at their event being held November 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. H. Approve Transfer of Funds for AHDTF Overtime Grant Reimbursement,Recycled brass from Pg52 Range, Overtime Details g CHHS,Detox Transports, and TZD Grant reimbursement from General Fund to Police Department line items MOTION: Move to transfer$9,922.87 received as reimbursement under the Safe and Sober grant (TZD), and the $586.68 received as AHDTF overtime, and the $420 received for detox transports, and the $4,526.00 received from School District#13 for security and traffic enforcement details be transferred to line item 1020, Overtime from the General Fund to the Police Department 2013 Budget: MOTION: Move to transfer $466.36 received from the recycling of spent brass shell casings recovered from the range be transferred to line item 2070, Training and Instructional Supplies. I. Approve Business License Applications Pg54 MOTION: Move to approve the items as listed on the business license agenda for October 14, 2013, as presented. J. Payment of Bills Pg56 4 City Council Agenda Monday,October 14,2013 Page 3 of 3 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 149567 through 149818 in the amount of$1,315,529.08. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Second Reading of Ordinance 1613, being an Ordinance establishing an Art Commission Pg66 MOTION: Move to waive the reading of Ordinance 1613,there being ample copies available to the public. MOTION: Move to approve Ordinance 1613, being an Ordinance establishing an Art Commission. 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 5 CITY OF COLUMBIA HEIGHTS PROCLAMATION Family Promise Week October 20th — 27th, 2013 Whereas, the Family Promise group in Anoka County, along with its friends and supporters are excited about kicking off Family Promise Week; and, Whereas, the Anoka County Family Promise Group is the only charitable non- profit that offers services to homeless families that come from cities across the county; and, Whereas, Family Promise week is an opportunity not only to draw attention to family homelessness and the local volunteer-driven solution affiliates provide, but also to thank and celebrate volunteers, congregation and affiliates; and, Whereas, it is an opportunity to come together to celebrate the life-changing work that we are individually and collectively doing. Now, therefore, I, Mayor Gary L. Peterson, on behalf of the Family Promise Group in Anoka County, do hereby call upon all citizens of Columbia Heights to join the Family Promise Group in Anoka County, its volunteers and affiliates in supporting Family Homelessness Awareness. Be it further resolved that the week of October 20th—27 th is hereby proclaimed "Family Promise" week in the City of Columbia Heights. Proclaimed this 14th day of October, 2013. Mayor Gary L. Peterson 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,SEPTEMBER 23,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY, SEPTEMBER 23,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40TH AVENUE N.E.,COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:02 PM. Members Present: Mayor Peterson, Council member Schmitt, Council member Williams, Council member Diehm, and Council member Nawrocki. Staff Present: City Manager Walt Fehst, Public Works Director Kevin Hansen, City Attorney Jim Hoeft, Finance Director Joseph Kloiber, and City Clerk/Council Secretary Tori Leonhardt. Pastor Dan Thompson of Heights Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki ipdicated he would have some items to add under the City Managers report. 4. PROCLAMATIONS,PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. Proclamation-Polish American Heritage Month Mayor Peterson read the Proclamation for Polish American Heritage Month and presented it to Dolores Strand. Strand and Gloria Bergstrom, accepted the Proclamation and in return presented an urn containing dirt from the Lomianki cemetery. The brass plate reads, in part, "In memory of the crew members of the Frantic 7, they gave their lives while flying a mission of mercy'. They flight and crew were lost over Warsaw on September 18, 1944. The earth from the cemetery symbolizes their supreme sacrifice and is signed by the Consulate General of the Republic of Poland in New York. Strand went on to say how much Lomianki has grown over the years. Strand thanked the Mayor and Council for keeping up the tradition of recognizing Polish History Month and stated they have received a proclamation from the City every year since 1995. Mayor Peterson stated he has traveled to Poland in the past and remarked that it was a wonderful trip and a wonderful place to visit. William thanked the Sister Cities members and stated he too went on the trip and he had not previously realized that the pilot survived the crash. He thanked the members for all the work that they are doing. B. Proclamation - Spinal Cord Injury Awareness Month Mayor Peterson declared September 2013 as Spinal Cord Injury Awareness Month and presented the proclamation to Del Bahtuoh and Karen Quarmmen from MNSCIA. Bahtuoh thanked the Mayor and Council for the proclamation and for allowing them to be here tonight. Bahtuoh stated he has a spinal cord injury as a result of a gunshot wound in 1995. The organization is trying to bring awareness and support to spinal cord injuries. 7 City Council Meeting Minutes Monday, September 23,2013 Page 2 of 10 5. CONSENT AGENDA Councilmember Nawrocki asked that items B, C, and F be removed from the consent agenda for further discussion. City Manager Walt Fehst took the Council members through the remaining items on the Consent Agenda. A. Approve City Council Meeting Minutes of September 9, 2013 MOTION: Move to approve the City Council Meeting Minutes of September 9, 2013. B. Adopt Resolution No. 2013-67, Pertaining to Cable Renewal Proceedings-REMOVED C. Adopt Resolution 2013-76 being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied-REMOVED D. Approval of the attached list of rental housing licenses MOTION: Move to approve the items listed for rental housing license applications for September 23, 2013 in that they have met the requirements of the Property Maintenance Code. E. Approve the Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 23, 2013 as presented. F. Payment of Bills-REMOVED Motion by Williams, seconded by Nawrocki, to approve the Consent Agenda items with the exception of items B, C, and F that were removed for further discussion. Upon Vote:All Ayes. Motion Carried. Discussion: Item B: Adopt Resolution No. 2013-67,Pertaining to Cable Renewal Proceedings Council member Nawrocki asked why he was just receiving the letter now that was dated June 6, 2013. Magee asked Nawrocki if he was asking as to why the City Council did not receive the letter earlier. Nawrocki replied yes. Magee indicated that the letter was addressed to the City Manager and we have six months from receipt of the letter to commence renewal proceedings. Acting on the resolution before them tonight satisfies that requirement.Nawrocki asked for an explanation of the letter. Magee referred the question to Steve Guzzetta, the City's attorney for cable matters. Guzzetta explained to the Council that the letter we are talking about is the Comcast Reservation of Formal Renewal Rights letter under the 1984 Federal Cable Communications.Policy Act. The cable operator has to send out a formal renewal letter within a 30-36 months window of the franchise expiration to preserve their statutory rights to a formal renewal procedure. Comcast did send the letter within the 30-36 month window. Guzzetta stated the recommendation is to adopt Resolution 2013-67, in order to comply with the Federal Cable Act.Nawrocki asked why the Telecommunications Committee is no longer active and feels we should reactivate this committee to review this. We should use this committee to make recommendations to us. Williams stated it probably makes sense to have a committee. Fehst indicated the committee did not really participate in the past renewal negotiations. These 8 City Council Meeting Minutes Monday,September 23,2013 Page 3 of 10 particular franchise contract negotiations are typically a redo of what was previously done and there are very little changes. A lot of the significant things that were needed were amended or altered in the previous renewal. Fehst anticipates within the next 3-4 months the negotiations should be complete. Magee stated she echoed the City Managers comments. The Telecommunications Committee did not sit at the negotiation table;we brought a recommended renewed franchise to them. Guzzetta agreed we do not have a large group negotiating as this is "too many cooks in the kitchen". Nawrocki emphasized it is important to hear the views of the people that live in the community and have them be involved. He felt the committee members were committed and dedicated and brought feelings of the community to the City. A lot of people are dropping cable because the rates are too high. Maybe we should get a feel if another system would be able to meet the needs of the people in the community. Nawrocki stated he believes the committee technically exists and was not deactivated. Magee commented that the commission became inactive as of March 12, 2012, and all commission members' terms have technically expired. Guzzetta stated a lot of communities hold public hearings during the process to provide for community input and then bring those comments back to the negotiating table. Schmitt stated she was not here for the last process, but asked if the library and the schools are involved in this process. Guzzetta stated the City is the franchising authority and the City enters into the franchise agreement with Comcast, but they do take into consideration the needs of the library and the schools. Schmitt added that one of her neighbors was on the committee and he stated it was not worthwhile or needed. She feels it would be beneficial to have an open forum and have the community come in and make comments. Diehm agreed that we should hold a public open house/open forum to gather those comments from the citizens. Motion by Diehm, seconded by Schmitt,to waive the reading of Resolution 2013-67,there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Schmitt, to adopt Resolution 2013-67,being a Resolution Concerning the Commencement of Renewal Proceedings Under the Cable Communications Policy Act of 1984. Motion by Nawrocki to amended the Resolution to reactivate the commission. Motion dies for lack of a second. Upon Roll Call Vote: Schmitt aye; Williams aye; Diehm aye;Nawrocki nay; Peterson aye. 4 Ayes; 1 Nay. Motion Carried. Nawrocki stated he wants to get the community involved into the process and we should reactivate this commission. Peterson stated this commission is not active any longer and staff does not feel it would be beneficial. Item C: Adopt Resolution 2013-76 being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Proiects to be Levied Motion by Diehm, seconded by Williams,to waive the reading of Resolution 2013-76, There being ample copies available for the public. Upon Vote: All ayes.Motion Carried Motion by Diehm, seconded by Williams,to adopt Resolution 2013-76 being a Resolution establishing amount of City share and amount of special assessments on projects to be levied. Nawrocki would like the City Manager to explain what residents will be affected, how the project is coming along, and how the numbers are working out compared to the amounts given at 9 City Council Meeting Minutes Monday,September 23,2013 Page 4 of 10 the original hearing. Fehst replied the numbers will not exceed the original amounts given at the hearing. The property owners are responsible for 70%or$2,800 per household and the City would pay 30%. On the portion that deals with Stinson Avenue, the City of New Brighton will pay 100%of their share on the east side of the road that has been approved, Anoka County will pay 100%of their portion on Stinson Avenue, and City of Columbia Heights will pay their portion. The actual concrete work has been completed and they are in the process of sanding the cracked areas that were not replaced. Diehm commented that residents were asked to indicate if they had sprinkler lines and she would add that next time we also ask if they have invisible fencing lines as those fence lines were cut in multiple areas. Upon Vote: All ayes. Motion Carried. Item F: Payment of Bills Nawrocki questioned the refund to the liquor license holder for Columbia Grill; we recently received a letter from a resident that some of the salaries of the previous employees had been held back from them. Fehst corrected Nawrocki stating that this deals with a different business and the one he is thinking of was the business on 401h Avenue and Central Avenue. Motion by Diehm, seconded by Williams, that in accordance with Minnesota Statute 412.271, subd. 8,the City Council has received the list of claims paid covering check number 149397 through 149566 in the amount of$788,111.88.Upon Vote: All ayes. Motion Carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2013-82, 4931-33 Jackson Street N.E., 2013-84, 3912 Reservoir Blvd.N.E. and 2013-85, 3915 Ulysses Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Gorman indicated that Resolution Number 2013-79, Resolution Number 2013-80, and Resolution Number 2013-83 were removed from the Public Hearings as the properties indicated have been brought into compliance. As far as 4933 Jackson Street the abatement is for the gravel driveway along the north side of the property, 3912 Reservoir Blvd is for a tree stump in the yard and the owner is working on it, and 3915 Ulysses Street have it listed as a family exempt rental and we do not believe it is being rented to family any longer plus there is a long list of repairs that need to be completed. Schmitt reported she drove by the property on Reservoir and stated the tree has been removed. Gorman replied that they were out there this morning, but have not completed the back fill yet. Joyce Meyers, owner of the properties located at 4931-33 Jackson Street, approached the Council and stated she does not use that part of the driveway. She feels the City needs to look at what other cities are doing with allowing residents to use pavers as opposed to black top and cement. Meyers brought up about her wildlife situation and problems she has had with the City. Hoeft stated we cannot discuss this issue, as she has a legal case against the City. Gorman stated that they realize that she does not use this area on a regular basis; therefore she can put grass, sod, or any other type of landscaping in that area. Gorman reiterated that class five is used for roads and is not an approved landscaping and we are not asking her to put in a hard surface. Meyers brought up the subject of the wildlife/weeds situation. Hoeft stressed again,we are not discussing the vegetation as we are in litigation with this matter. 10 City Council Meeting Minutes Monday, September 23,2013 Page 5 of 10 Motion by Nawrocki, seconded by Williams,to close the public hearing and to waive the reading of Resolution Numbers 2013-82, 2013-84 and 2013-85,there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Schmitt to remove Resolution 2013- 80, 3913 Reservoir Blvd as she stated the tree has been removed. Gorman stated he would have to do an inspection and make sure the hole has been properly filled. Schmitt withdrew her motion. Motion by Nawrocki, seconded by Williams,to adopt Resolution Numbers 2013-82,2013-84, and 2013-85 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. Upon Vote: All ayes. Motion Carried. B. Adopt Resolution 2013-78, 3915 Ulysses Street N.E.,2013-81, and 4528 Monroe Street N.E. being a Resolution 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. Gorman stated they are recommending revocation at 3915 Ulysses Street as they believe it is no longer being rented to a family member and 4528 Monroe Street for failure to renew their license. Nawrocki stated he believes there are a lot of weeds in the boulevard at 4528 Monroe Street and that should be looked at. Motion by Williams, seconded by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2013-78 and 2013-81, there being ample copies available to the public. Upon Vote:All ayes. Motion Carried. Motion by Williams, seconded by Schmitt,to adopt Resolution Numbers 2013-78 and 2013-81, being resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,Article IV, Section 5A.408(A) of the rental licenses listed. Upon Vote: All ayes. Motion Carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions (1) Adopt Resolution 2013-86, being a Resolution providing for the issuance and sale of general oblijzation improvement and utility revenue bonds, series 2013A, in the approximate aggregate principal amount of$3,500,000. Kloiber explained to the Mayor and the Council that in the budget work session in September it was stated that the City had planned for a bond issue in early 2014 and our representatives felt it was best to accelerate the issue into 2013 because the rates are down. As we move forward with the process, our bond council brought it to our attention that we have two paths within our Charter that we can take; we can either do it by Resolution or a less timely and costly method of an Ordinance. Steve Bubul with Kennedy and Graven introduced Martha Ingram, also a bond attorney, who will be taking over for him by the end of the year. Bubul explained the Charter has had these two different provisions to issue bonds, by resolution or ordinance, for a long time. If done 11 City Council Meeting Minutes Monday,September 23,2013 Page 6 of 10 by ordinance it is subject to the referendum process,which applies to an ordinance in general, and if done by a resolution, you have all the powers under state law to issued bonds without a referendum. Revenue supported bonds can be passed by state law. The reason they are recommending looking at this now, is because it is an opportune time to look at it with rates being low and these are revenue supported bonds. Their recommendation is to follow state law as you will save money, time, and it does not preclude you from using funds in the future. Nawrocki commented that under normal circumstances, if it was not for the library next year, we would normally not be talking about seeking bonding at this time and would not be doing it until next year. Kloiber stated Nawrocki was correct and that a small portion of the bond is for assessments and a large portion is refunding outstanding 2006 bonds. The refinancing will save us money as the interest rate is lower. Nawrocki stated no matter what you call it, it is still money that we are getting from the residents. Bubul stated that yes you are right in the fact that the source of the money it is paid by the people that pay their utility bills, but the utilities are run like an enterprise basis and everyone pays their utility bills as opposed to not everyone paying property taxes. Nawrocki opposed going the resolution route as he feels we are trying to bypass the citizen's ability to comment as opposed to doing it by an ordinance. He thinks that is wrong and the real reason this was brought forward is to try to keep the ability to levy the normal maximum levy amount of$10,000,000 to help with the library next year. We are going too far too fast. We need to take into account the seniors in the community as we have some of the lowest household incomes in the seven county area. Williams asked if the utility improvement revenue bonds are what are used to clean our water lines and sanitary lines. Kloiber stated we are not borrowing here to clean and line projects. The better example would be the water tower re-sanding and re-blasting that costs a half a million dollars or more. This money would be used for concrete street rehabilitation,water tower rehabilitation, Chatham Road Lift Station, Labelle Pond, Silver Lake Pond reconstructions, storm pipe rehabilitation and storm pipe replacement. Fehst stated these are not new items that we would be bonding for and we have not bonded since 2009. This is similar to what we have been doing in the last 50-60 years, as these are major ticket items. Williams asked how much of the outstanding bond will we be paying off with this bond. Kloiber answered there is approximately $1.3 million outstanding on the current bond but we are only going to refinance about$840,000 of it. Schmitt asked if we had an estimate of the interest rate. Mark Ruff from Ehlers and Associates stated the interest rate on these bonds should be around 2%. The existing rate is 4%. Diehm wanted to address three comments that were made; One, she does not feel this is an effort to avoid anything and is pleased to see that this is brought before them as going for bonds is what our colleagues do. Even if we follow this in the way of funding for a new library, we are not taking away anyone's right to a referendum or trying to be sneaky,we are trying to be efficient. Secondly, as to why it is a good idea to consider this now is to maximize our flexibility and it is imperative that we take actions to be flexible in the future, and third as far as the ability to pay,we need to take advantage of the lower interested rate and we as Council have to do whatever we can to preserve the property values in the city by making it a better place. Diehm stated she is whole heartedly in support of this. Motion by Diehm, seconded by Williams,to waive the reading of Resolution 2013-86,there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams,to adopt Resolution 2013-86, being a resolution 12 City Council Meeting Minutes Monday,September 23,2013 Page 7 of 10 providing for the issuance and sale of general obligation improvement and utility revenue bonds, series 2013A, in the approximate aggregate principal amount of$3,500,000. Nawrocki stated he is going to vote against this as he is concerned with the tax load on the residents of the city. Malcolm Watson, 1717 49th Avenue, historically 62 years ago he discovered a lot of properties had gone tax delinquent and they were properties where special assessments had been levied. The City had to make up for it by additional taxes. Watson questioned the need for the $3.5 million dollars because in the past we used what we needed to pave the way as our needs arose. Watson stated his utility bill has increased over the years and wanted to know if this was going to affect his utility bill by doing this with the bonds. Watson asked what projects the City has in mind or what expenditures do they have that cannot be met by a levy. He feels that it would be better understood by residents if the Council stated: here is where the money needs to be spent and this is where we need some additional funding. Williams replied we are paying off higher bonds with the money as well as part of the money going to street rehabilitation, water tower rehabilitation, Chatham Road Lift Station, Labelle Pond, Silver Lake Pond reconstruction, storm pipe rehabilitation and pipe replacement. Watson also wanted to know what the possibility would have been to put an additional tax on the utility bills until it is paid off, instead of paying off bonds. Kloiber pointed out that when we were initially planning this bond issue the rough number we were working with first was $3.2 million and it is actually closer to $2.8 million and of that$800,000 is refinancing and is only$2 million of new money. Relative to the last 10— 15 years we are paying more as we go with utilities and historically the City bonded for these same things. We used our own cash and redeemed the 2003 bonds early. By going this way we do not have to have a 10% increase now and can spread out the payments over time. Schmitt stated she appreciates what Kloiber has done here tonight. As a homeowner in Heights they took advantage of refinancing their home at a lower rate and for Kloiber to find a way to reduce the bond debt from 4%to 2%is great. Fehst added that the area that was particularly hid hard last year with the increase in taxes because of the reassessments will be readdressed a little bit by the assessor this year. He asked that you also keep in mind that the fiscal disparities have been increasing and basically 28% of property taxes come out of the fiscal disparities pool. Upon Vote: Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye, Nawrocki; nay, Peterson; aye. 4 Ayes, 1 Nay. Motion Carried. (2) First Reading of Ordinance 1613, being an Ordinance establishing an Art Commission Fehst stated we have Keith Roberts here tonight who approached the City about establishing an Art Commission along. Roberts, along with Liz Bray, looked at different cities that currently have an Art Commission in place and what their requirements were. Fehst indicated we tried to create an ordinance that is pretty general and call out the items that were too elaborate. We have a very diverse community and we have people who are interested in being on this commission. We are proposing that this commission is one that we would go to and ask their opinion and would be advisory to the Council. Keith Roberts, former School Board member, addressed the Council and thanked them for 13 City Council Meeting Minutes Monday,September 23,2013 Page 8 of 10 supporting the arts in Columbia Heights. He sees the art commission allowing the arts to continue in the community. We have community members receiving awards and at this would be an opportunity to recognize them. Hopkins has a very successful art fair which brings people to their restaurants and other businesses, essentially bringing people and money into the community. Many libraries display art work, we have a community theatre, and rock bands that are competing in this area. Diehm indicated that she is very excited for this opportunity;they really become conversation pieces in the community and will be a great addition. Nawrocki stated the City Manager indicated he was going to do some research with other commissions and wanted to know what he came up with. Fehst stated the ordinance is what they came up with and it is taking the best of the best of the area cities. Bray stated Hutchinson was the city that they looked at that was the most like our community. Nawrocki was concerned if this was a proper function for city government and if this will lead to them wanting the City to add money into the commission. Nawrocki believes art is in the eyes of the beholder and means a lot of different things to different people. He indicated he has toured a lot of different art centers in the United States and outside of the United States and is not sure this is what the city needs. Roberts replied that the purpose of the commission is not to dictate what art is, but is to encourage opportunities and growth in the city. Mayor Peterson called the point. Nawrocki expressed that he feels that the Council should pick the commission members to help insure that a wider range of community interests are met and it should be added to the ordinance and no tax payer money will not be used to fund the commission. Motion by Diehm, seconded by Williams,to waive the reading of Ordinance 1613, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams,to set the Second Reading of Ordinance 1613 for Monday, October 14, 2013 at approximately 7:00 PM in the City Council Chambers. Mayor Peterson explained that the Uptown Art Fair brings in a lot of money to the community and by establishing this commission we would have a draw to our own community. He recently went to the Latino Art fair that was at the school district and thought it was fantastic. He stated they had art, dancing, and food. Peterson mentioned that Douglas Padilla was in attendance and was one of the founders of Art-a-World and he asked the Mayor why there is not anything like this in Columbia Heights. Peterson informed him about the possibility of establishing an art commission and he stated he would be interested in being a consultant to the commission. Schmitt thought that it was great that they are proposing a rotating 3-year term commission and was curious as to how they were going to address that residency is not required to be on commission. Diehm added that she was thinking about some possibilities in regards to that and it could be someone who owns a business in Columbia Heights and has*a vested interest but does not necessarily live in Columbia Heights. Schmitt continued to say that she feels most members should be residents of Heights or need to have a connection to the city. Maybe there could be a special position on the commission for advisors from outside the City. Nawrocki was concerned that it may be a matter of time before the residents are going to be paying for tax dollars going toward this commission. Fehst wanted to make sure that everyone understands that right now,there is no budget for this commission. 14 City Council Meeting Minutes Monday,September 23,2013 Page 9 of 10 Motion by Nawrocki to amend the Ordinance to state that the commission members must be Columbia Heights residents and that they are appointed by the Council and Mayor. Motion for lack of a second. Schmitt stated she appreciates that you can promote this to visitors and to the outside community since this is something that our website is lacking. Maybe that is something we could add to our website. Schmitt agrees with Nawrocki that yes,there will be some money that will be spent to maintain the areas around the art, but it should be minimal. She also encouraged Roberts to apply to be on the Art Commission. Jeff Diehm, 5125 St Moritz Drive, addressed the Council and stated he came down here tonight after watching the meeting on cable in support of establishing this art commission. Diehm was upset that the idea that someone on this council was not in support of this because that someday we might have to spend money on it someday in the future. He feels this would be an opportunity to beautify the city. He supports and applauds the Council in the support of citizens that want to do things that enhance the appeal of the city. If at some time they come before the Council and ask for money let's deal with it at that time and not stop a group of people that want to benefit the city. Williams called the question. Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye,Nawrocki; nay,Peterson; aye. 4 ayes; 1 nay. Motion Carried. B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reminded the Council that there is a brief executive session following the Council meeting tonight to discuss a proposal of the purchase of the building at Central and 40th Avenue. Nawrocki stated he has sat on the Council for many years and he has always looked at if things are good for the community. He also brought up that on the northwest corner of 6th Street the homeowners did a partial hedge trimming, but it does not appear to be enough. Fehst stated the owners have cut half of it and the City has informed them they need to cut the other half. Nawrocki made it a matter of record that the street lights are out at Upland Crest and Forest Drive and Highland. Fehst understood the reason why the street light at Mulcare took so long was there were issues with loose wiring. Nawrocki stated his other question deals with the Anoka County high speed internet that is now in place and operating and he is questioning what our experience is with it and if there have been any cost savings to us. Fehst indicated he would get the council member information on that. Schmitt made a note that if you notice a street light out, go to our website and go to the Public Works department and you can click on Xcel energy and indicate where the light is out. Report of the City Attorney 15 City Council Meeting Minutes Monday,September 23,2013 Page 10 of 10 City Attorney Jim Hoeft gave a brief overview of the Executive Session from September 9, 2013. Nawrocki stated he would like to get a copy of the statute that deals with closed meetings. Hoeft asked the City Clerk/Council Secretary if she could print out the statute for Nawrocki. Leonhardt indicated she would supply that information to Council member Nawrocki. 9. CITIZENS FORUM Harold Hoium, 4200 3rd Street, informed the Council there is a bridge that goes across Central Avenue and 42"d and the stairs are full of trash and there are weeds and branches in the way. He would also like the power company to move the light pole over closer to the fence so it lights up the stairs and mentioned at 37th and 47th the grass is getting too high and needs to be trimmed. Nawrocki informed the Council that the Lions clean up a couple times a year around Central Avenue and hopefully they will clean up the trash. Nile Harper, 1437 Glacier, asked if it was possible for the City Manager to give some more insight as to what the discussions have been with the property owner at 40th and Central. Fehst replied it is an executive session item and the City has had two offers that they rejected and now we have a new offer. Jeff Diehm, 5125 St Moritz Drive, wanted to say that the cost of money right now is pretty low relatively speaking and feels it is important that we take advantage of that. He applauded the Finance Director and the Council on their bonding issue decision as this makes good financial sense. In terms of the library he applauded the citizens and the Council's on their decision to consider a new library this at this time. Since we are at a time when the cost of money is low, although it will be difficult for some citizens, we are a community and a new library appeals to the families that take their children to different communities to use their libraries and high school kids that need to use the computers at our current library and can't. Diehm stated we will build a new library and only hopes the Council takes a proactive approach and takes advantage of the low cost to borrow money. Mayor Peterson announced that there are still Twins tickets available for$5 and if you would like to attend call the Recreation Department tomorrow morning. You are to meet at Murzyn Hall between 5:30 and 6:00 PM to board the bus. Peterson also announced that in 2006 we erected the Peace Clock on 40th and Central, in 2009 the Always on Guard statue at Public Safety Building, and now we have the Heritage Tower and Hentges Legacy Garden. Tomorrow we will be putting down the engraved bricks that people have purchased. The Peterson asked that we keep our service men and women in our thoughts and prayers and do a random act of kindness. Through this we have gotten the reputation of being a City of Peace and we are going to play off that and spread the word. Mayor Peterson indicated he has some shirts that have the clock tower embroidered on them and if someone gives him a call, he will give them a shirt while supplies last. He asked that we be proud of our community. 10.ADJOURNMENT 9:45 PM. 16 COLUMBIA HEIGHTS PUBLIC LIBRARY APPROVED BOARD OF TRUSTEES 10/2/13 MINUTES September 4, 2013 The meeting was called to order by Chair Patricia Sowada, at 6:31 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, and Catherine Vesley. Also present: Library Director Renee Dougherty, and Recording Secretary Stacey Hendren.Not present: City Council Representative Tami Diehm. The minutes of the August 7, 2013 Board meeting were approved as mailed. The bill list dated 8/7/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/14/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/21/13 was reviewed. It was moved, seconded, and passed that the bills be paid. Dougherty highlighted the purchase of shelving for the children's department. The library was able to purchase additional shelving due to a discount received through our State Library Services contract. The 2013 accounting dated 9/4/13 was reviewed. Old Business: 1. Dougherty and Linda Magee, Human Resources, interviewed 5 candidates for the children's librarian position, 2 individuals were invited back for a second interview, and a conditional offer has been extended. 2. Members of the Task Force will be in attendance at the Library Foundation spaghetti dinner to answer questions. The City Council is continuing to discuss options for a new library. 3. Dougherty and Barb Kondrick, Adult Services Librarian,prepared a resolution for the Mayor to honor national library card sign-up month. The proclamation will be read at the September 91h City Council meeting. Dougherty provided a hand-out to the Board to demonstrate the value of library services by comparing the annual per capita cost to a visit to the state fair or a night of entertainment. Another possible demonstration would detail the cost of services currently available at the library if they were purchased on the open market. The Board requested a hand-out be prepared to give away at the spaghetti dinner. Dougherty provided two comparison reports to the Library Board. The first compares the local revenue per capita for libraries in the seven county metro area. The second report shows program attendance, children's material circulation, service hours per week, revenue per capita, and other revenue for the four independent libraries in the metro area. Dougherty noted that Columbia Heights is on par with Ramsey and Carver Counties, and lower than Hennepin County in regards to per capita local revenue. Reports were generated from the Institute of Museum and Library Services Public Library Survey Data Source and use 2011 annual report data. 1-9/9/13 17 New Business: 1. The Board reviewed the July crossover statistics. Smith noted the high statistic for staff handled checkout at Columbia Heights. It was noted that Columbia Heights does not have a self-check machine. Circulation and computer usage were up, while the gate count was down. Dougherty clarified that the library utilizes volunteers to deliver materials to "outreach"patrons. 2. The Board reviewed the Unique Management report for July. 3. Members of the Board were asked to attend the Latino Arts Festival on September 21St or the ACCapp Headstart parent meeting on October 3`a to promote library services and answer questions. Members will notify Dougherty if they are available. Items from the Floor: 1. Dougherty shared with the Board the recent controversy at the Anoka Hennepin School District and Anoka County Libraries regarding the book"Eleanor&Park." The book had been recommended for the district's summer reading program for teens. Based on parent objections to language and content as well as concern about using Legacy funding for author events, the planned appearances of author Rainbow Rowell at the Blaine High School and Northtow Library have been cancelled. The book will remain in the Anoka and Columbia Heights Public Library collections. 2. Smith reported on his recent opportunity to deliver"Meals on Wheels" with U.S. Representative Keith Ellison. 3. The Library Board received copies of the fall events calendar. There being no further business, the meeting was adjourned at 7:08 p.m. 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 employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services,programs, and activities. 2- 9/9/13 18 CITY COUNCIL LETTER Meeting of: October 14, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION 2013-74, BY: LINDA L. MAGEE BY: LELS LABOR AGREEMENT -POLICE OFFICERS DATE: September 30, 2013 DATE: NO: The labor agreement between the City and Law Enforcement Labor Services (LELS) , representing Police Officers, terminated on December 31, 2012. Negotiations between the City's negotiating team and LELS resulted in LELS filing for mediation. Mediation sessions were held and resulted in a mutually acceptable labor agreement for calendar years 2013 and 2014. The proposed changes are as follows: Wages: 2013: 2`1- adjustment over 2012 1:7ages, effective May 1, 2013 2014: 2' adjustment over 2013 wages, effective January 1, 2014 Insurance: 2013: $835 per month (2012 = $805 per month) 2014: $865 per month Effective the first of the month following council ratification of the contract, long term disability insurance will not be offered or provided. Longevity: 2013: 2% adjustment over 2012, effective May 1, 2013 2014: 2% adjustment over 2013, effective January 1, 2014 Job Assignments: Investigator, School Liaison Officer, Drug Task Force Officer, and Corporal Pay: 2013: 2`< adjustment over 2012, effective May 1, 2013 2014: 2€< adjustment over 2013, effective January 1, 2014 Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $425 per full-time employee for 2013; $425 per full-time employee for 2014. (2012= $425) Holidays: Effective January 1, 2014, addition of three premium holidays (currently nine premium holidays) . Overtime: Effective January 1, 2014, receive time and one-half to attend training and/or department meetings scheduled during off-duty hours (currently department meetings paid at time and one- half; training paid at straight time) . Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2013 and 2014. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-74, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2013 and 2014. COUNCIL ACTION: 19 RESOLUTION 2013-74 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES,LOCAL 311,POLICE OFFICERS WHEREAS,negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2013 and 2014. WHEREAS, changes to the current contract are attached, and a copy of the 2013-2014 contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of , 2013. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Tori Leonhardt, City Clerk/Council Secretary 20 September 24, 2013 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES,INC. (LOCAL NO.311) POLICE OFFICERS 1. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of eight hundred and thirty-five ($835) dollars per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2013. Effective the first of the month following council ratification of the contract, long term disability insurance will not be offered and/or provided. 17.2 The EMPLOYER will contribute up to a maximum of eight hundred and sixty-five ($865) dollars per month per(permanent and probationary full-time) employee for group health and group dental, including dependent coverage, and life insurance for calendar year 2014. 17.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 2. ARTICLE XXI LONGEVITY Employees with continuous employment shall receive a supplementary pay in the amount set forth below: Effective Effective May 1,2013 January 1, 2014 After four(4) years of continuous employment................ $ 96.76/mo. $ 98.70/mo. After eight(8) years of continuous employment............... $161.28/mo. $164.51/mo. After twelve (12) years of continuous employment........... $225.78/mo. $230.30/mo. After sixteen (16) years of continuous employment........... $290.29/mo. $296.10/mo. 3. ARTICLE XXII HOLIDAYS In lieu of holidays, employees shall be paid twelve(12) eight-hour days per year. Employees required to work on any of the following nine holidays: New Year's Day, President's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on such holiday. Effective January 1, 2014, in lieu of holidays, employees shall be paid twelve(12) eight-hour days per year. Employees required to work on any of the following twelve holidays: New Year's Day, Martin Luther King Day, President's Day, Easter, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on such holiday. 21 September 24,2013 4. ARTICLE XIII OVERTIME 13.7 Training shall be paid at straight time. Department meetings shall be paid as follows: Designated Training portion: Straight time Designated Department Meeting portion: One and one-half time the employee's regular base rate Department meetings do not qualify for the two hour minimum under Article XV. Effective January 1, 2014, training and/or department meetings scheduled during an employee's scheduled off-duty hours shall be paid at one and one-half(1 1/2) times the employee's regular base pay rate. A change to an employee's scheduled shift to attend trainings and/or department meetings does not qualify an employee for time and one-half. 5. ARTICLE XXIX DURATION This AGREEMENT shall be effective as of January 1, 2013, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 2014. 22 APPENDIX A September 24, 2013 1. WAGE RATES a. Effective May 1, 2013 After 36 months of continuous employment..............................$5,762.00 per month Top Patrol Rate Start... ........................................................................65%0 of Top Patrol Rate After 6 Months............................................................. 70%of Top Patrol Rate After 1 Year.................................................................80%of Top Patrol Rate After 2 Years................................................................90%of Top Patrol Rate After 3 years..........................................................................Top Patrol Rate b. Effective January 1, 2014 After 36 months of continuous employment..............................$5,877.00 per month Top Patrol Rate Start... ........................................................................65%of Top Patrol Rate After 6 Months............................................................. 70% of Top Patrol Rate After 1 Year.................................................................80% of Top Patrol Rate After 2 Years................................................................90%of Top Patrol Rate After 3 Years.........................................................................Top Patrol Rate C. Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the three year rate of pay. d. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2013 and $425 for calendar year 2014. 2. a. Employees classified or assigned full time by the EMPLOYER at its sole discretion to the following job positions, will receive per month the amounts set forth below opposite the assignment or such amount pro rated for less than a full month in addition to their regular wage rate: Effective Effective May 1, 2013 January 1, 2014 Investigator(Detective).................................. $157 $160 School Liaison Officer.................................... $157 $160 Drug Task Force Officer................................. $157 $160 Corporal................................................... $157 $160 b. Employees assigned as Field Training Officers shall receive .20 hour of compensatory time for each hour of their shift spent performing Field Training Officer duties. 23 CITY COUNCIL LETTER Meeting o£ October 14, 2013 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Grant Agreement Between the City and BY: Scott Clark BY: Anoka County HRA Regarding Levy DATE: October 8, 2013 Disbursement Background: In 2008 and 2013 the City entered into an agreement (unwritten except by resolution)to have the Anoka County Housing Redevelopment Authority levy annual funds for housing and redevelopment activities (with the understanding the City's EDA is the transacting body for the initial expenditures). These agreements run for a five year period and the City currently has started a new five year period (first period 2008-2012 and the second 2013-2017). The Anoka County/City process to obtain these funds is threefold: 1) The City submits a request for a program reimbursement and the Anoka County HRA agrees that the program meets statutory objectives 2) The City executes a particular program and expends the funds for the same 3) The City submits a request for reimbursement. In 2012 the EDA purchased the Mady's property with the understanding that the City would use their Anoka County levy funds as the source for the acquisition. Due to the significant cash outlay the reimbursement from the County will cover multiple years and will extend both into future years and cross over from the first five year period to the second. Per this agreement, Anoka County will advance the total funds from the first year period plus anticipated funds from 2013 and 2014 to cover the total funds. For the record,the following uses have been approved by the City for reimbursement: 1) 37th and Central- $100,000 2) GMHC- 3805 2nd Street and Rehab Match- $106,647 3) Make Heights Your Home- $9,556 4) DEED Root Grant- $10,000 5) Mady's Purchase-Anticipated $753,000 (unobligated funds from 2008 through 2014) After 2014 the City will need to reconcile a 2015 payment which would include not only reimbursing acquisition costs but any holding costs associated with the property. Recommendation: Staff recommends approval of the Grant Agreement as written. Recommended Motion: Motion to Approve Grant Agreement By and Between the City of Columbia Heights and the Anoka County Housing and Redevelopment Authority Dated October 14, 2013 Regarding the Disbursement of Levy Funds. COUNCIL ACTION: 24 Anoka County Contract# GRANT AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE ANOKA COUNTY HRA REGARDING DISBURSEMENT OF LEVY FUNDS THIS AGREEMENT is made by and between the City of Columbia Heights,Minnesota (the "City") and the Anoka County Housing and Redevelopment Authority (the "ACHRA"), both political subdivisions of the State of Minnesota, dated October 14, 2013. RECITALS WHEREAS,the City of Columbia Heights (the "City") and its Economic Development Authority("EDA"), by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals within the City of Columbia Heights; and, WHEREAS,the City's EDA approved a Purchase Agreement for the acquisition of 3927 Central Avenue (the "Property") as a key redevelopment site,with the purpose of substantial redevelopment of the City's downtown area; and WHEREAS,the Columbia Heights City Council adopted a Resolution (2012-51) requesting that the ACHRA dedicate the annual ACHRA levy collected for fiscal years 2008- 2012 for the purchase of the Property; and WHEREAS,the City also wishes to dedicate the annual ACHRA levy collected in the City for the tax levy payable in 2013 and 2014; and WHEREAS,the Project is a necessary acquisition for the City of Columbia Heights, to promote significant redevelopment goals for the downtown area; and WHEREAS,the ACHRA has established economic development activities, redevelopment, and improvement goals as a priority for funding in its area of operation; and 25 WHEREAS,the parties believe that the Project is in the best interests of the ACHRA and the City and the health, safety, morals, and welfare of their residents and in accord with the public purposes and provisions of applicable federal, state, and local laws under which the Project has been undertaken; and WHEREAS, on January 8, 2013, the ACHRA Board of Trustees approved entering into this Agreement; NOW,THEREFORE,IT IS HEREBY AGREED: 1. Purpose. The purpose of this Agreement is to provide ACHRA funding for an economic development project in the City of Columbia Heights, State of Minnesota, with the purpose of substantial improvement and redevelopment of the City's downtown area. 2. Term. The terns of this Agreement shall commence upon execution by the parties and end on December 31, 2014, unless earlier terminated as provided herein. 3. City to Remain in Taxing Jurisdiction. For so long as this Agreement remains in full force and effect, the City shall remain in ACHRA's taxing jurisdiction. 4. ACHRA Obligations. a. ACHRA shall pay to the City all levy funds apportioned to the City,which are available for use to date. b. The parties further acknowledge that,pursuant to statutory authority, ACHRA anticipates allocation of an annual levy in the jurisdiction of the City to fund ACHRA activities in 2013 and 2014. The ACHRA agrees to provide a loan to the City from the ACHRA general fund, so the City may dedicate to the Project that amount of the anticipated levy proceeds from the City for years 2013 and 2014. C. Notwithstanding any provision in this Agreement to the contrary,the maximum amount payable by the ACHRA to the City pursuant to this Agreement shall not exceed the City's levy funds available for use to date,plus any pledged levy funds advance for years 2013 and 2014. 2 26 5. Waiver. The waiver of any of the rights and/or remedies arising under the terms of the Agreement on any one occasion by any party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of the Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. 6. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 7. Entire Agreement Clause. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations with respect to the grant of funds provided herein. This Agreement is not intended to supersede or modify other agreements relating to the financing of the Project. 8. Modification. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. 9. Notices. All notice's or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to the City and the ACHRA at the following address: To the City: City of Columbia Heights 590 -401h Ave.NE Columbia Heights,MN 55421 Attn.: City Clerk-Administrator 3 27 To the ACHRA: Anoka County Housing and Redevelopment Authority 2100 Third Avenue Anoka, MN 55303 Attn.: Executive Director IN WITNESS WHEREOF,the parties have executed this Agreement on the date above written. CITY OF COLUMBIA HEIGHTS ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: _ Gary L. Peterson By: Mayor ACHRA Board Chair Dated: Dated: ATTEST: By: Tori Leonhardt City Clerk-Administrator Karen Skepper Executive Director Dated: Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: By: City Attorney Assistant County Attorney I.I CIVAT MCVCICirrl-HRA-Real EstatelCo!Hts Grant Agreement 8.19.13.docx 4 28 This Page Intentionally Blank 5 29 CITY COUNCIL LETTER Meeting of: October 14, 2013 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: APPROVE FUNDING AGREEMENT WITH BY: K. Hansen BY: MWMO IN THE AMOUNT OF $795,000 AND DATE: 10/03/2013 DATE: AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS/DESIGN ENGINEER Background: Jackson Pond is located east of Quincy Street between 43rd and 44th Avenues and has served as a retention pond for several decades. The pond itself has experienced repeated flooding(overtopping) during high intensity short duration storm events. In 2008, a detailed feasibility report was accepted by the Council. The report recommended the reconstruction of the pond and turning it into a dry pond with a lift station. The modeling performed at that time would increase the pond capacity to that of a 100-year storm event. The directive by the Council at that time for the project to proceed was to secure an outside funding source. A. MWMO Funding Agreement: The City of Columbia Heights officially became a member of the Mississippi Watershed Management Organization (MWMO) in March of 2012. One of the primary goals of the MWMO is to provide funding to the member communities for stormwater projects that support the organization's water quality goals. As a new member, City staff worked with the MWMO to identify potential projects for funding through the MWMO CIP. The board approved funding for Jackson Pond in 2013 based on the 2008 (original) Feasibility Report in the amount of$500,000 (2012 MWMO action). The MWMO requires a Feasibility Report for any project receiving capital funding. The original Jackson Pond Feasibility Report recommended turning the pond into a dry pond with a lift station. While this was done to improve localized flooding, it did not address water quality. Staff updated the Jackson Pond report in 2013 to incorporate water quality measures, meeting the MWMO goals. The updated cost estimate, with water quality improvements, is now at$795,000. At their regular meeting in September,the MWMO approved additional funding. Attached is the agreement between the MWMO and the City of Columbia Heights for the Jackson Pond improvements in an amount not to exceed $795,000, which would support design, construction and inspection. B. Authorization to Prepare Plans/Design Engineer Staff is anticipating approximately a 5-6 month timeframe from beginning the design to bidding to contract award, and about a 4-5 month timeframe for construction. With funding in place, staff is requesting authorization to proceed to the design phase. Since the project inception, staff has worked with the same project engineer and design engineer, who are now with the consulting firnl of WSB &Associates. Staff requested a proposal from WSB &Associates for complete design, bidding, and construction management services for the project. WSB provided a proposal of$59,814 Because of their familiarity with the project,preparing both engineering reports, their 15-year background in Columbia Heights with our storm water system, and detailed knowledge of the 30 CITY COUNCIL LETTER Meeting of: October 14, 2013 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: APPROVE FUNDING AGREEMENT WITH BY: K. Hansen BY: MWMO IN THE AMOUNT OF $795,000 AND DATE: 10/03/2013 DATE: AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS/DESIGN ENGINEER Page Two modeling that will be used in designing Jackson Pond, staff is recommending acceptance of the professional services agreement in the amount of$59,814 from WSB &Associates. This amount represents 7.52% of the estimated project cost, representing a significant value to the project. Recommended Motion: Move to enter into a funding agreement with the Mississippi Watershed Management Organization (MWMO) for the Jackson Pond improvements for an approved amount not to exceed $795,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Recommended Motion: Authorize the preparation of plans and specifications and move to accept a professional services agreement with WSB &Associates for complete design, bidding, and construction management services for the Jackson Pond improvements in the amount of$59,814; and, furthermore,to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: NWMO Agreement MWMO Draft Agreement Reimbursement Form 31 CITY COUNCIL LETTER Meeting of: October 14,2013 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: APPROVE FUNDING AGREEMENT WITH BY: K. Hansen BY: MWMO IN THE AMOUNT OF $795,000 AND DATE: 10/03/2013 DATE: AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS/DESIGN ENGINEER COUNCIL ACTION: 32 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION CAPITAL PROJECT AGREEMENT MWMO Agreement#208-13-01 City of Columbia Heights Document# Project Title: Jackson Pond Reconstruction Amount: $795.000 not to exceed) Grantee: Cite of Columbia Heights Address: 636—38th Ave. NE,Columbia Heights,MN 55421-3835 Contact: Kevin Hansen,City Engine Phone Number: 763-706-3705 Email Address: kevin.hanseng_ci.columbia-heights.mn.us THIS AGREEMENT is between the Mississippi Watershed Management Organization (MWMO) and the City of Columbia Heights (Grantee). I. BACKGROUND 1.1 Minnesota Statutes Sections 103B.201 to 103B.252 establish the Metropolitan Area Watershed Management Act and related Water Resources Protection and Management Programs ("the Act"). 1.2 MWMO desires to conduct programs and projects to meet statutory and rule requirements for implementing a comprehensive watershed management plan. 1.3 Grantee is a political subdivision and local government unit of Minnesota. 1.4 Grantee is eligible to obtain MWMO funds to accelerate implementation of MWMO's Plan,Goals,and Policies. 1.5 MWMO has approved Grantee to receive funding to implement a project within MWMO boundaries. II. DUTIES AND CONDITIONS 2.1 MWMO will grant to Grantee up to the maximum of$795,000.00,which funds may be used only for expenses incurred in performing work("Project") specified in Attachment One of this Agreement,which is incorporated by reference,or as approved in writing by MWMO staff. All other expenses and costs incurred by Grantee in completing the Project will be the responsibility of Grantee. Administrative costs incurred by Grantee including,but not limited to,compensation and benefits of Grantee staff,are not eligible for reimbursement under this Agreement. 1 33 2.2 Grantee will act in all respects as an independent contractor under this Agreement. MV'MO will not be an employer,partner,or co-venturer with Grantee for any purpose and will have no responsibility or liability for the acts or omissions of Grantee. Nothing in this Agreement authorizes Grantee to act as an agent or representative of MW'MO for any purpose. 2.3 Prior to commencing the Project,Grantee will obtain written,executed easement agreements from pertinent property owners,if any,impacted by the Project. 2.4 Grantee will submit progress reports to IVIWMO every six (6)months on the status of the Project. A final report is due to M\X'MO within ninety(90) days after completing the Project or the end of the term of this Agreement,whichever occurs first.The final report must be submitted to the MWM0 using the MV MO Report Form. Outstanding reimbursement requests and the correlating financial information must be submitted with the final report in order to receive the final payment under this Agreement. The final report shall include as-built plan sheets for grading,plantings,and stormwater management best management practices. III. PROJECT BUDGET The projected budget for the project is $795,000. MXVMO will reimburse eligible project expenses that do not exceed a combined total of$795,000. The balance of the project funds is Grantee's responsibility. IV. TERMS OF PAYMENT 4.1 MWMO will disburse funds to Grantee on a reimbursement basis. Grantee's payment requests must be accompanied by supporting invoices or documentation that relate to activities in the approved Project. Subject to MWMO's approval of the payment request,MWMO will disburse the requested amount to Grantee within three (3)weeks after receipt of a written payment request. All work performed under this Agreement will be performed in accordance with all applicable federal, state,and local laws,including any amendments thereto. Grantee will use the proceeds of this Agreement only for the eligible costs of the Project. Grantee agrees that cost overruns are the responsibility of Grantee. 4.2 Reimbursements Grantee should use M`X'MO's Reimbursement Request Form to request reimbursements. A copy of all relevant invoices must be submitted with the Reimbursement Request Form. Expenses incurred on or after the date of this Agreement are eligible for reimbursement. The amount reimbursed shall not exceed $500,000 including any contingencies. Administrative costs incurred by Grantee including,but not limited to,compensation and benefits of Grantee staff,are not eligible for reimbursement under this Agreement. V. TERM OF AGREEMENT This Agreement will be effective when all necessary approvals and signatures have been obtained and will terminate on December 31,2014,or the date when all obligations have been satisfactorily fulfilled by both parties,whichever occurs first. MW'MM will not be obligated to reimburse any expenses incurred after the end of the Agreement or to pay any payment requests more than ninety (90) days after the end of the Agreement. VI. CANCELLATION Either party may cancel this Agreement upon thirty (30) days'advance written notice to the other party. Grantee will be entitled to reimbursement of eligible expenses appropriately incurred or obligated in compliance with this Agreement up to the date of termination. 2 34 VII. ASSIGNMENT Grantee will not assign or transfer any rights or obligations under this Agreement without the prior written consent of M\XrMO. Grantee may contract with others to complete the Project. However,Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with contractors or subcontractors or an approved assignment to a sub-grantee. VIII. AMENDMENTS Any amendments to this Agreement must be in writing and executed by both parties. Amendments to the Project work plan or budget must be in writing and formally approved by the MWMO Executive Director before the amendments are effective. IX. INDEMNIFICATION Grantee agrees to defend,indemnify,and hold harmless MW'IO,its officials,officers,agents, and employees from any liability,claims,counterclaims,causes of action,judgments,damages,losses,costs,or expenses, including reasonable attorney's fees (hereinafter"Claim"),resulting from any act or omission of Grantee,its contractors or subcontractors or any party directly or indirectly employed by them or any party that directly or indirectly benefits from the activities specified in this Agreement,or anyone for whose acts or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform fully,in any respect,all obligations under this Agreement. Grantee explicitly reserves,and does not waive,all protections,limits,defenses or iminunities available under Minnesota Statutes Chapter 466 or any other applicable state or federal law or doctrine. In the event that MW'MO learns that a Claim has been made or may be made for which MWMO will seek or is likely to seek defense or indemnification from Grantee or will likely request that Grantee hold MWMO harmless,MWMO agrees promptly to notify Grantee of the Claim and cooperate with Grantee in the defense of the Claim. X. INSURANCE Grantee agrees at all times during the tern of this Agreement and beyond,when so required,to have and keep or cause to have and be kept in force,and to cause all contractors and subcontractors to do likewise,the following minimum insurance coverages under either a purchased insurance or self-insurance program: A. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,500,000 Products-Completed Operations Aggregate $1,500,000 Personal and Advertising Injury $1,500,000 Each Occurrence— Combined Bodily Injury and Property Damage $1,500,000 B. Automobile Liability—Combined single limit each $1,500,000 occurrence for bodily injury and property damage covering owned,non-owned,and hired automobiles. C. Workers'Compensation and Employer's Liability: i. Workers'Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. 3 35 ii. Employer's Liability.Bodily Injury by: Accident—Each accident $100,000 Disease—Policy Limit $500,000 Disease—Each Employee $100,000 D. Professional Liability(if applicable)—Per Claim $1,000,000 --Aggregate $2,000,000 The required limits for any self—insurance program of the Grantee shall be the lesser of the limits shown above or the liability limits of the Grantee under Minnesota Statutes Chapter 466. Any applicable professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement.The Grantee will require that any contractors furnish certificates of insurance to the Grantee for the insurance coverages listed above,and provide updated certificates as coverages expire. The Grantee will require that any contractors obtain certificates of insurance from their subcontractors for the insurance coverages listed above,and obtain updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages may be used to provide the required insurance limits. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance that may be needed in connection with this Agreement. Copies of insurance certificates or statements of self- insurance will be submitted to the M\XMC)upon written request. XV. ACCOUNTING AND RECORD-KEEPING For all expenditures of funds made pursuant to this Agreement, Grantee will keep financial records,including properly executed contracts,invoices,and other documents that detail the nature and propriety of the expenditures. Accounting methods will be in accordance with generally accepted accounting principles. Grantee agrees that MWMO,the State Auditor,or any of their duly authorized representatives,at any time during normal business hours,and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit,excerpt,copy,and transcribe any books,documents,papers,records, etc.,that are pertinent to the accounting practices and procedures of Grantee and involve transactions relating to this Agreement. These materials shall be maintained and access rights will be in force and effect during the period of this Agreement and for six (6)years after its termination or cancellation. XVI. REAL PROPERTY If real property is acquired or improved with grant funds,MWMO may require the recording of covenants or restrictions on the use,maintenance, and development of the property as MWMO deems necessary and appropriate to assure the Project's continuing public benefit. XVII. NONDISCRIMINATION Grantee agrees and will require contractors and subcontractors,material suppliers,and vendors to agree not to discriminate in hiring by reason of race,creed,or color or otherwise violate the provisions of Minnesota Statutes X181.59,which section is incorporated by reference. 4 36 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. For the City of Columbia Heights/Grantee: By: Its: Date: and By: Its: Date: For the Mississippi Watershed Management Organization/Grantor: By: Its: Chair Date: and By: Its: Treasurer Date: 5 37 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION AGREEMENT Attachment One MWMO Agreement#208-13-01 City of Columbia Heights Document# Project Title: Jackson Pond Reconstruction 1. Project Description and Purpose The City of Columbia Heights constructed Jackson Pond in 1965 as a means to control local flooding. Twenty-six flood-prone homes were removed to install it. Over time,the retaining wall surrounding the pond has almost totally collapsed and flood storage needs have increased. In 2008,the City of Columbia Heights commissioned a feasibility study to identify and analyze options to improve the pond and increase flood storage. The City did not have the financial capacity to make recommended improvements,however. In 2013,the City updated the feasibility study. The recommendations include removing the remaining sections of the retaining wall,re-grading the side slopes,excavating a stilling basin on the north side of the pond,and installing a lift station to provide additional volume control. To improve water quality,the study recommends installing a below-ground iron-enhanced filtration system,which will reduce phosphorus before stormwater runoff is released into the Mississippi River from the 158-acre sub- watershed tributary to Jackson Pond. A map showing the project location is shown in Exhibit A,attached and made a part of this Agreement. 2. Scope of Work,Description of Tasks [describe the tasks for each category and add others needed] Design and Engineering Excavation of Fill(regulated and unregulated) Ke grading Side Slopes Excavate a Stilling Basin on North Side of Pond Lift Station Iron-enhanced filtration system(belowground) 38 For MWMO use only Form Received: MWMO REIMBURSEMENT FORM ORGANIZATION INFORMATION Name of Organization: Legal Name(if different): Address: City,State,Zip: Employer Identification Number: Primary Phone: Secondary Phone.. Fax: Contact person regarding this application: Title: Phone: E-mail: PROJECT INFORMATION Project Title: Capital Project/Program ❑ Stewardship Fund Project ❑ REIMBURSEMENT INFORMATION Payment Description Paid to Whom Payment Amount Total Reimbursement Request: ***Receipts must be attached for all payments. AUTHORIZATION Signature: Date: Name: Title: MWMO Reimbursement Form 39 CITY COUNCIL LETTER Meeting o£ October 14, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-89 BEING A BY: K. Hansen BY: RESOLUTION ORDERING PREPARATION OF A DATE: 10/09/2013 DATE: FEASIBILITY REPORT FOR AN ALLEY REHABILITATION PROGRAM Background: Two citywide cycles of the Street Rehabilitation Program have now been completed. The Program was suspended for two years for the evaluation of the City's concrete streets (2013) and our alleys (2014). The concrete street rehabilitation program is now complete. The City of Columbia Heights has 17 miles of alleys, 7 miles of bituminous and 10 miles of concrete construction. The last major work was conducted in 1999 with the completion(previously gravel)or the reconstruction of 15 alley segments (by block). The policy the Council established at that time was that new or fully reconstructed alleys would be constructed of concrete. Certain alley segments are deteriorating at an accelerated pace. Staff has been providing patching, or thin overlays to extend their life—really on the premise to buy some time until full reconstruction. For reconstruction, staff recommends continuing the policy of concrete considering narrow widths,and trash and recycling is now picked up in the alleys. In 2012, all of the bituminous alleys were tested (falling weight deflectometer) and rated. Attached is the listing of the alley segments, test results and recommendations. Staff highlighted alley segments on the basis of frequency of maintenance as candidates for reconstruction. Analysis/Conclusions A. RECONSTRUCTION: Attached is an engineer's estimate of a typical alley reconstruction using concrete. The cross section used to calculate quantities was the same used in 1999 as those have held up well. Other considerations such as drainage were not included with general estimate, but would be considered on a specific alley segment basis during design. Also included in the estimate sheet is a range of costs that a typical property may be facing under a 100% assessment scenario. A range of costs for a new concrete alley would be $115,000 to $130,000 using 2013 bid prices. Assessing 100% of the alley to adjacent property owners would result in an average assessment of$5,500 to $6,000 per lot. B. MAINTENANCE Existing concrete alleys, found to be in adequate to good condition should have their cracks cleaned and sealed to extend the life of the pavement. Staff would recommend this under a separate crack sealing program to be funded out of the infrastructure fund. Recommended Motion: Move to waive the reading of Resolution 2013-89, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2013-89, being a resolution ordering preparation of a Feasibility Report for an Alley Rehabilitation Program. 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Z J U O1 Q C �� co II nU c m CO O d a > T N (� > W O Co y a c c z f6 c H to � ID N � C � o r U r r c m J d c M N � N : � o 3 U a a=i u4 W J J a E m o D O Z 00 x U � h Q m IIn p d Q. d a c = aoi o N 2 U N 0 m = C l6 O N N _ t •0- aci O v U ti m 0 Z Alley Cost Estimate Typical 630' Residential Alley NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL 1 Mobilization L.S. $5,000.00 1 $5,000.00 2 Remove curb and gutter L.F. $7.00 80 $560.00 3 Remove concrete walk S.F. $2.00 200 $400.00 4 Remove concrete driveway S.F. $3.00 1,500 $4,500.00 5 Remove concrete alley apron S.F. $4.00 160 $640.00 6 Remove bituminous driveway S.Y. $10.00 200 $2,000.00 7 Remove bituminous alley S.Y. $10.00 830 $8,300.00 8 Remove bituminous pavement S.Y. $10.00 20 $200.00 9 Sawcut concrete full-depth L.F. $5.00 600 $3,000.00 10 Sawcut bituminous full-depth L.F. $3.00 380 $1,140.00 11 Common excavation, CV(P) C.Y. $20.00 485 $9,700.00 12 Granular borrow, CV C.Y. $20.00 210 $4,200.00 13 Agg. base CL-5 or CL-7, CV C.Y. $35.00 155 $5,425.00 14 Bituminous patch special, 3" S.Y. $50.00 170 $8,500.00 15 4"Concrete walk S.F. $4.00 200 $800.00 161 Concrete curb and gutter L.F. $16.00 80 $1,280.00 17 6"Concrete driveway S.F. $5.00 1,500 $7,500.00 18 8"Concrete alley S.F. $6.00 7,600 $45,600.00 19 Topsoil with sod S.Y. $15.00 135 $2,025.00 Concrete Alley $110,770.00 5% Contingency $5,538.50 10% Engineering $11,077.00 $12� Average 50' Lot $5,307.73 24 Parcels For Comparison: 2012 Alley 16.86/S.F. $128,136.00 (Inc Eng) Estimated Centerline ID Location Parcels Assessment AL35D124 Madison St. Monroe St. 40th Ave. 41st Ave. 23.26 $5,476.59 AL35AO85 Monroe St. Quincy St. 42nd Ave. 43rd Ave. 24.00 $5,307.73 AL25CO40 Polk St. Taylor St. 46th Ave. 47th Ave. 22.00 $5,790.25 AL35AO88 VanBuren St. Cental Ave. 42nd Ave. 43rd Ave. 23.00 $5,538.50 AL35AO91 Monroe St. Quincy St. 41st Ave. 42nd Ave. 24.00 $5,307.73 AL35AO87 Jackson St. VanBuren St. 42nd Ave. 43rd Ave. 21.00 $6,065.98 AL25CO39 Tyler St. Polk St. 46th Ave. 47th Ave. 22.46 $5,671.66 AL26AO01 Jefferson St. Madison St. 49th Ave. 50th Ave. 22.00 $5,790.25 AL35D126 Jackson St. Van Buren St. 40th Ave. 41stAve. 17.66 $7,213.22 AL2613007 Service Dr. 4th St. 49th Ave. 50th Ave. 22.40 $5,686.85 AL35D125 Monroe St. Quincy St. Monroe St. 41 st Ave. 18.86 $6,753.55 240.64 Average for 11 alleys $5,822.93 44 RESOLUTION NO. 2013-89 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT ON ALLEY IMPROVEMENTS WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve bituminous alleys in the city by complete reconstruction, and; WHEREAS,the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to Jr, Council with all convenient speed advising the Council in a prelininary way as towhether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. Passed this 14t" day of October, 2013 Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 45 CITY COUNCIL LETTER Meeting of October 14, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Gambling Permit: Immaculate BY: Scott Nadea BY: NO. Conception Church event,Nov 17.2013 DATE: October 3, 1013 DATE: BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for a bingo event to be held on November 17,2013. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the$25 permit fee, the City Manager recommends the following action. RECOMMENDED 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 at their event being held November 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. COUNCIL ACTION: 46 MINNESOTA LAWFUL GAMBLING 1/13 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 -awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or If total prize value for the year will be$1,500 or less,contact the licensing more before the event$50; otherwise$100. specialist assigned to your county. ORGANIZATION INFORMATION Organization name Previous gambling permit number Church of the Immaculate Conception X-01151 Minnesota tax ID number, if any Federal employer ID number(FEIN), if any 8353667 41-0703859 Type of nonprofit organization. Check one. Fraternal X Religious Veterans Other nonprofit organization Mailing address City State Zip code County 4030 Jackson St. NE Columbia Heights MN 55421 Anoka Name of chief executive officer[CEO] Daytime phone number E-mail address John J. Mitchell 763-788-9062 jitchell@immac-church.org 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. X 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. Church of the Immaculate Conception Address [do not use PO box] City or township Zip code County 4030 Jackson St. NE Columbia Heights 55421 Anoka Dates] of activity. For raffles, indicate the date of the drawing. November 17, 2013 (R-K-le dr"w:,c, uo-jember V7,ao%3) Check each type of gambling activity that your organization will conduct. X 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.mn.us and click on Distributors under the WHO'S WHO?LIST OF LICENSEES, or call 651-639-4000. 47 LG220 Application for Exempt Permit 1/13 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. 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. The application is denied. Print city name Print county name Signature of city personnel Signature of county personnel Title Date 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 Local unit of government must sigl 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 tot oard within 30 dslys of the event date. Chief executive officer's signature � -�� � Date c%ZY113 Print name � M t fC ke REQUIREMENTS Complete a separate application for: Financial report and recordkeeping 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 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 48 Internal Revenue Service Department of the Treasury P.O.Box 25W Cincinnati,ON 45201 Date: JUL $8.zoog Person to Contact: Roger Meyer Toil Frey Telephone Number: 877-529-5500 United States Conference of Catholic Bishops Employer fderrtiftcation Number. 3211 4Y'Street;N.E 53-0196617 Washington,D.C.20017-1194 Group Exemption Number: 0928 Dear Sir or Madam: In a ruling dated March 25, 1946,we held that the agencies and instrumentalities and all educational, charitable and religious institutions operated,supervised,or controlled by or In connection with the Roman Catholic Church in the United States,Its territories or possessions appeasing in The OftCial Cefhofic Directory 1946,are entitled to exemption from Federal income tax under the provisions of section 101(6)of the internal Revenue Code of 1939,which corresponds to section 501(c)(3)of the 1986 Code. This ruling has been undated annually to cover the organizations added to or deleted from the Directory. 7�he Ofhsial Catholic Directory for 2009 shows the names and addresses of all agencies and instrumantaliiies and ail educational,charitable,and religious Institutions operated by the Roman Catholic Church in the United States, Its territories and possessions In existence at the time the Directory was published. it is understood that each of these is a non-profit organization,that no part of the net earnings thereof inures to the benefit of any individual,that W substantial part of their activities is for promotion of legislation,and that none are private foundations under section 509(a)of the Code. Based on all information submitted,we conclude that the agencies and instrumentalities and educational,diaritable,and religious institutions operated,supervised,or controlled by or In connection with the Roman Catholic Church in the United States,Its territories or possessions appearing in The Of trial Catlrofk 01mctory for 2009 are exempt from Federal irumv tax sunder sector 501(c)(3)of the Code. Donors may deduct contributions to the agencies,instrurnentalfties and Institutions referred to above, as provided by section 170 of ft Code. Bequests,lagac'im devises,transfers,or gifts to them or for their use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2656,2106,and 2522 of the Code. Beginning January 1, 19K unless specihcaily excepted,you and your subordinates must pay tax under the Federal insurance Contributions Act(FICA)for each employee who is paid$100 or more In a calendar year,as indexed for inflation. You and your subordinates are not halite for the tax under the Federal Unemployment Tax Act(FUTA). 49 The conditions concerning the retention Of your group exemption as set forth in our previous determination letter dated August 17, 1963, remain in full for-09 and effect Sincerely, t Cindy W ft Manager, Exempt Organizations Determinations 50 Jesus Christ is the same yesterday, toddy and forever."Heo.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 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 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. �srds, Eisenzi'rnmef Chancellor for Civil,.Aairs Enclosures 226 Summrr AVENUE • ST. PAUL, M1NNES0IA 55102-219 1 TEL: (651) 29I-4405 FAx: (651) 290-1629 CITY COUNCIL LETTER Meetin of October 14,2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Transfer of Funds for AHDTF BY: Scott Nadeau BY: Overtime Grant Reimbursement,Recycled DATE October 9,2013 DATE: brass from Range, Overtime Details @ CHHS, Detox Transports,and TZD Grant reimbursement from General Fund to Police Department line items NO: BACKGROUND The Police Department has received a check from Anoka County in the amount of$586.68 as reimbursement for the overtime of our AHDTF Officer for the second quarter of this year. The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers. The Police Department collected and recycled the brass shell casings from its range and received a check from National Recycling in Hugo in the amount of$466.36. The Police Department has assisted School District #13 with security details for the high school's graduation and the recent Latino Arts Festival, as well as traffic enforcement during the Summer Academy earlier this summer. For these details,we were reimbursed in the amount of$4,526.00. In the second quarter of 2013,the Columbia Heights Police Department transported 14 intoxicated persons to detox centers outside of Anoka County. Per our agreement with Anoka County, we are reimbursed $30 per patient transported in 2013. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received a check for $420.00 as reimbursement for these transports. The Columbia Heights Police Department has been participating in the statewide Safe and Sober (Toward Zero Deaths, or TZD)program. We have received two reimbursements from Coon Rapids,the agency coordinating the grant, in the amounts of $4,362.59 and $5,560.28 (for a total of$9,922.87) for the overtime expended on that initiative. ANALYSIS/CONCLUSION The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2013 Police Department Budget as follows: (1) The $9,922.87 received as reimbursement under the Safe and Sober grant(TZD), and the $586.68 received as AHDTF overtime,and the$420 received for detox transports,and the$4,526.00 received from School District #13 for security and traffic enforcement details be transferred to line item 1020, Overtime. This total is $15,455.54. (2) The $466.36 received from the recycling of spent brass shell casings recovered from the range be transferred to line item 2070, Training and Instructional Supplies, the line item from which training ammunition is purchased. 52 Mayor and Council Page 2 October 14,2013 RECOMMENDED MOTION Move to transfer the following from the General Fund to the Police Department 2013 Budget: (1) The$9,922.87 received as reimbursement under the Safe and Sober grant(TZD),and the$586.68 received as ARDTF overtime,and the$420 received for detox transports,and the$4,526.00 received from School District #13 for security and traffic enforcement details be transferred to line item. 1020, Overtime. This total is $15,455.54. (2) The $466.36 received from the recycling of spent brass shell casings recovered from the range be transferred to line item 2070, Training and Instructional Supplies, the line item from which training ammunition is purchased. COUNCIL ACTION: 53 CITY COUNCIL LETTER Meeting of. October 14, 2013 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: October 8, 2013 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 14, 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 October 14, 2013 as presented. COUNCIL ACTION: F;a TO CITY COUNCIL October 14, 2013 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2013 BLDG Total Refrigeration 949 So. Concord St. So St Paul $60 *Palma Plumbing Inc 373 Colleen Dr. Vadnais Hts $60 *Glowing Hearth&Home 100 Eldorado Dr. Jordan $60 RZ Plumbing Inc. 7306 19a' St. Princeton $60 *Citywide Plumbing LLC 3318 167 'Lane NW,Andover $60 Paladin Plumbing LLC 13963 45`b Place NE. St Michael $60 Underdahl's Htg&AC 408 Arrowhead Dr, Lino Lk $60 *Pronto Htg&AC 7588 Washington Ave S, Eden Prairie $60 Polar Plumbing Inc. 6087 46th St N, Oakdale $60 *Spectrum Sign Systems 9278 Isanti St NE,Blaine $60 55 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 14, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 149567 through 149818 in the amount of$ 1,315,529.08. 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(B)Definition For the purposes of this Ordinance, Public Art is hereby defined as: (1) Within Commercial Zoning Districts, physical artwork which is viewable by the general public, whether on public or private land or buildings, whether owned by an individual, legal business entity of the City of Columbia Heights. (2) Physical artwork which is viewable by the general public installed on land owned by the City of Columbia Heights. (C)Statement of Purpose The purpose of this ordinance is to encourage the display of public art in the City of Columbia Heights and to provide a mechanism for the inclusion of public art and memorial structures throughout the city primarily in parks and open spaces. Public art can play a vital role in transforming the community. (1) Generating Economic Impact (a) Attracting new audiences (b) Supporting marketing efforts (c) Attracting media attention (d) Returning dollars to local economy for fabrication and installation (e) Enhancing cultural tourism in our area (2) Establishing Unique Identity (a) Giving character to a setting (b) Representing the history and importance of a place (c) Creating an iconic image for future generations (d) Physically represent our values or aesthetic (3) Building Community, Creating Civic Pride (a) Engaging local stakeholders in planning, design, and execution (b) Encouraging community to participate in creating their own public spaces (c) Demonstrating the strengths of a community (d) Empowering individuals who don't usually have a role in decision- making 66 (4) Supporting Great Art (a) Setting the bar for cultural developments (b) Demonstrating aesthetic sophistication (c) Attracting artists/activity to our neighborhoods (D)Purpose, Values, and Goals The mission of Columbia Height's Public Art Commission (PAC) is to help enrich the lives of the citizens of, and visitors to, Columbia Heights by strategically integrating public art into City planning, services, design and infrastructure. The following values and goals shall guide the City in making decisions regarding public art. City Departments, project committees,panels, the Columbia Heights Public Arts Commission, and other interpreters of these goals and values should apply them as appropriate to each project, artist and affected neighborhoods. Review criteria for all policy areas of public art shall be based on these values and goals. (1) Encourage excellence in the city's visual design and public arts: (a) Enhance the aesthetic environment of public places within the City through engaging, unique, and high quality public artworks (b) Insure consideration of aesthetic issues in local decision making (c) Recruitment of qualified artists (2) Strengthen community identity, place, and assets: (a) Build awareness of community history, cultures, landscape and the "Minnesota Hometown" image (b) Develop artworks that are integrated into City building and streetscape/development projects and are compatible with their settings (c) Encourage building architecture to be consistent with the character of the area and history of the City (d) Build Columbia Heights to be recognized as a regional cultural center (3) Contribute to Columbia Heights's health and vitality: (a) Promote Columbia Heights as a community that provides its citizens with a high quality of life (b) Invite visitors to Columbia Heights as a popular art destination (c) Develop mechanisms for encouraging partnerships with and among the City's neighborhoods, commercial areas, and City's cultural/heritage organizations (d) Provide places for art (lakes, parks, gardens, architecture, facilities, streetscapes, trails, roadways, and art-related enterprises) (e) Promote working space for artists (0 Develop and maintain safe artworks (4) Involve a broad range of people and communities: (a) Enable opportunities for all citizens, neighborhoods, and organizations to participate in the planning, creation, and equal access to the cultural experiences and artworks (b) Preserve and celebrate the City's diversities of neighborhoods, ethnicity, race, age, religion, and gender 67 (c) Provide pedestrian-friendly neighborhoods (5) Value artists and artistic processes: (a) Provide a range of creative opportunities for artists with varying degrees of experience (b) Ensure the ongoing integrity of artworks and respect the creative rights of artists (c) Involve artists directly in the concept, design, and creation of artworks (6) Use resources wisely: (a) Develop and manage projects in a cost-effective manner (b) Use City funds to leverage private investment in public art and use public art to leverage private investments in other City ventures (c) Secure and utilize the various funding sources available for public art programs (E)Responsibility and Authority (1) The commission serves as an advisory to the City Council. (2) The commission does not require its own By-laws. (3) The Mayor appoints and the Council ratifies. (4) The PAC shall be comprised of 5-7 members serving on terms of 3-6 years with no more than two consecutive. It is recommended to stagger member terms. (5) Commission officers include: Chair, Vice Chair, and Secretary. (6) Residency is not required to serve on commission. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 68