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Home My WebLink About04-25-2016 CCPThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 25, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Invocation provided by Rachel Schwenke, First Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. 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 Minutes of the City Council pg MOTION: Move to approve the minutes of the City Council meeting of April 11, 2016 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning & Zoning meeting of April 6, 2016 MOTION: Move to accept the minutes of the Library Board meeting of March 2, 2016 C. Consideration of approval of attached list of rental housing applications. Pg 20 MOTION: Move to approve the items listed for rental housing license applications for April 25, 2016, . in that they have met the requirements of the Property Maintenance Code. Mayor COLUMBIA Gary L. Peterson Councilmembers HEIGHTS Robert A. Williams Bruce Nowrocki City of Columbia Heights Donna Schmitt 59040 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 JohnMurzyn,Jr. City Manager Visit our website at: www.columbiaheightsmn.gov 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, April 25, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Invocation provided by Rachel Schwenke, First Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. 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 Minutes of the City Council pg MOTION: Move to approve the minutes of the City Council meeting of April 11, 2016 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning & Zoning meeting of April 6, 2016 MOTION: Move to accept the minutes of the Library Board meeting of March 2, 2016 C. Consideration of approval of attached list of rental housing applications. Pg 20 MOTION: Move to approve the items listed for rental housing license applications for April 25, 2016, . in that they have met the requirements of the Property Maintenance Code. City of Columbia Heights City Council Agenda April 25, 2016 Page 2 D. Approval of Gambling Permit, Immaculate Conception Church, Fun Fest Aug 5 -7, 2016 pg 30 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held August 5, 6 and 7, 2016 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. E. Approve Resolution No. 2016 -42 Approving State of MN Joint Powers Agreements pg 37 MOTION: Move to approve Resolution No. 2016 -42, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. F. Adopt Resolution 2016 -43 Approving a Master Partnership Contract With MNDOT pg 55 MOTION: Move to waive the reading of Resolution 2016 -43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -43 being a Resolution approving the Master Partnership Contract with MnDOT. G. Adopt Resolution 2016 -44 Accepting Bids and Awarding a Contract for the 2016 Miscellaneous Concrete Repairs and Installations, City Project 1600 pg 72 MOTION: Move to waive the reading of Resolution 2016 -44, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -44 being a Resolution accepting bids and awarding the 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, to Create Construction, based upon their low, qualified, responsible bid in the amount of $29,679.50 from Fund 415 - 51600 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. H. Approve Gambling Permit, Athletic Boosters, All America City fundraiser May 20, 2016 pg 75 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 the Columbia Heights Athletic Boosters to conduct bingo and a raffle at the May 20 fundraiser at the Public Safety Building in support of the City's All America City application. Furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. I. Approve Business License Applications pg 79 MOTION: Move to approve the items as listed on the business license agenda for April 25, 2016. J. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 81 received the list of claims paid covering check number 160849 through 161011 in the amount of $ 1,034,519.33. MOTION: Move to approve the Consent Agenda items. 2 City of Columbia Heights City Council Agenda April 25, 2016 Page 3 8. PUBLIC HEARINGS pg 89 A. First reading of Ordinance No. 1626, being and Ordinance amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights. MOTION: Waive the reading of Ordinance No. 1626, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1626, amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights, for Monday, May 9th, 2016 at approximately 7:00pm in the Council Chambers of Columbia Heights City Hall. pg 103 B. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 4744 4th Street NE for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2016 -39, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2016 -39, being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed; 4744 4th Street NE. C. Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties a 4237 Quincy St NE. pg 106 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2016 -41, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2016 -41, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions pg 120 a. Second Reading of Ordinance 1627, Conveyance of Certain Real Property to the EDA MOTION: Move to waive the reading of Ordinance No. 1627, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1627, being an ordinance authorizing the conveyance of certain real property located at 4618 Polk Street. B. Bid Considerations a. Adopt Resolution 2016 -45 Accepting Bids and Awarding A Contract for the 2016 Street pg 124 Rehabilitation Zone 2 and State Aid Street Overlay Project, City Projects 1602 and 1605 MOTION: Move to waive the reading of Resolution 2016 -45, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -45 being a resolution accepting bids and awarding the 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay Program, City Project Numbers 1602 and 1605, including Alternate 1 for unit priced private construction, Midwest Asphalt Corporation of Hopkins, Minnesota based upon their low, qualified, responsible bid in the amount of $667,238.80 with funds to be appropriated from Fund 415 - 51602 -5185 and 415 - 51605 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. City of Columbia Heights City Council Agenda C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. CITIZENS FORUM April 25, 2016 Page 4 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. 12. ADJOURNMENT 10�.. Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 11, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday April 11, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota CALL TO ORDER Mayor Peterson called the meeting to order at 7:05 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Lauren McClanahan; Public Works Supervisor, Gary Gorman; Fire Chief, John Larkin; Assistant Fire Chief, Keith Dahl; Economic Development Manager, and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Max Richter, Community United Methodist Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Fire Department S.A.F.E.R. Grant Update John Larkin, Assistant Fire Chief reported the S.A.F.E.R. Grant has proven to be very beneficial to the Fire Department. Improvements include meeting OHSA and NFPA standards, Preparation & Prevention and Public Education. The Department will be partnering with the Red Cross to distribute free smoke detectors to interested residents. Larkin reported the Fire Department averages more than 5,000 inspection actives annually, with $180,000 revenue generated. The additional staff provides the ability for the department to meet responsibilities, while limiting overtime costs. City Manager Walt Fehst explained the grant is for two years, and council may want to consider the continued support for programs following the grant period. Councilmember Murzyn, Jr. announced Columbia Heights High School will be performing the musical, Grease. B. Arbor Day Proclamation Mayor Peterson read the proclamation. Lauren McClanahan; Public Works Supervisor accepted the proclamation, and invited to the public to an Arbor Day event April 29th at Lomianki Park. . C. Mayor's Prayer Breakfast Proclamation Mayor Peterson read the proclamation, and announced this is the 17th Prayer Breakfast in the City. Loaves and Fishes will be assisting with the food. D. Terchen Taksham Rinpoche Proclamation Mayor Peterson read the proclamation. 7. 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 Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of March 28, 2016 MOTION: Move to approve the minutes of the City Council worksession of April 4, 2016 B. Accept Board and Commission Minutes MOTION: Move to accept the EDA minutes of March 7, 2016 MOTION: Move to accept the EDA goal- setting meeting minutes of March 15, 2016 C. Ratification of Huset Park Second Amended and Restated Development Contract. *Removed for Discussion D. Accept Bids And Award 2016 -2017 Tree Removal Contract. *Removed for Discussion E. Being an Ordinance Authorizing the Conveyance of Certain Real Property by the City of Columbia Heights to the Columbia Heights Economic Development Authority located at 4618 Polk Street. *Removed for Discussion F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 11, 2016 G. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 160703 through 160848 in the amount of $ 364,826.97. City Manager Walt Fehst suggested removing item C for discussion. Councilmember Nawrocki requested removing items D and E for discussion. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve the consent agenda items A, 8, F and G. All Ayes, Motion Carried. The following items were removed for discussion: C. Ratification of Huset Park Second Amended and Restated Development Contract. Martha Ingram; Kennedy & Graven clarified that the EDA adopted a resolution ratifying the second amended and restated development contract, the City will also need to adopt the resolution. Ms. Ingram reported during negotiations the City, the EDA and Dominium discussed the possibility of refunding the EDA's Bonds, which were originally issued to finance the public infrastructure for the Huset Park development. At the beginning of 2016, however, the Redeveloper expressed renewed interest in the refunding. The parties have negotiated a new Section 3.5(b) to the contract adding the following; The EDA will issue refunding bonds to achieve debt service savings, the Redeveloper will pay all costs associated with the issuance of the refunding bonds and the Redeveloper will pay an administrative fee of $100,000 to the EDA, to be deposited into a redevelopment fund designated by the EDA and the City. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016 -37, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -37, Resolution Ratifying the Approval of a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates 1, LLLP for the "Redeveloper Parcels" at Huset Park Senior Living. All Ayes, Motion Carried. D. Accept Bids and Award 2016 -2017 Tree Removal Contract City Manager Walt Fehst reported the cost will decrease by $2 per inch diameter as a result of rebidding the contract. Councilmember Nawrocki questioned the difference between the tree only and stump only quote. Lauren McClanahan, Public Works Supervisor explained typically the tree and stumps are removed, occasionally that is not the case. Councilmember Nawrocki questioned the policy for removing trees on private property. McClanahan stated diseased tress need to be removed, and the City will pay up to 25% of the cost. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to award the 2016 -2017 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran, MN, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only, and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. E. Being an Ordinance Authorizing the Conveyance of Certain Real Property by the City of Columbia Heights to the Columbia Heights Economic Development Authority located at 4618 Polk Street. Councilmember Nawrocki questioned why we need to transfer the title to the EDA. Keith Dahl; Economic Development Manager explained the lot at 4618 Polk St was not transferred to the EDA, however the buyer has purchased the property from the EDA, along with five other properties. The costs to transfer are minimal. City Attorney Jim Hoeft explained the EDA has entered into a legal obligation with the developer, it was unknown that the lot had not been transferred back to the EDA from the City. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1627, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to set the second reading of Ordinance No. 1627, being an ordinance authorizing the conveyance of certain real property located at 4618 Polk Street, for April 25, 2016 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion Carried. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst announced he City is a finalist for the All America City Award. Fehst stated he thinks the City has a good chance of winning. Councilmember Nawrocki reported he attended the Anoka County quarterly meeting, Flood Plain Insurance, Public Safety Data system, Zayo, Rental Rooms in private homes, and medical marijuana were discussed. Councilmember Nawrocki questioned if residents of Heights Manor will have access from the building, the recent Greensheet indicated Stinson Boulevard is closed. City Manager Walt Fehst stated he will check with the Public Works Director. Councilmember Nawrocki asked for an update on 39th Ave between Quincy and Jefferson. Fehst reported staff continues to follow -up with property owners. Councilmember Nawrocki commented the dumpsters at the 4111 Central Building are overfull. Nawrocki also reported that an unlicensed vehicle has been parked at the property. Manager Fehst reported the vehicle is no longer there. Councilmember Nawrocki asked for an update regarding the cleaning of the plaque honoring James LaBelle. Mayor Peterson reported he is waiting to hear back from Mr. Mros, who cleaned it in the past. Manager Fehst reported the Police Department may have a contractor as well. Mayor Paterson suggested the City take responsibility to get the LaBelle plaque, and the Clock Tower plaque cleaned. 11. CITIZENS FORUM Olufola Ogundare, 4660 Heights Dr. reported he trimmed branches from a dangerous tree on his property. A letter was received from the City requiring the branches to be removed. Mr. Ogundare moved the branches to his backyard, assuming that would be acceptable. Because the branches were not removed from the property, the City removed the branches, and an $1,875 fine was assessed. Mr. Ogundare requested the council would reconsider the fine. City Manager Fehst stated he would look into the issue, and took Mr. Ogundare's contact information. 12. ADJOURNMENT Mayor Peterson reminded us to remember our service men and women, and our police officers and fire fighters, and to keep them in our thoughts and prayers. Meeting adjourned at 8:29 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2016 -37 RESOLUTION RATIFYING APPROVAL OF A SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The City, the Columbia Heights Economic Development Authority (the "Authority "), and Columbia Heights Leased Housing Associates I, LLLP (the "Developer ") have negotiated a Second Amended and Restated Contract for Private Redevelopment (the "Contract ") to allow for the redevelopment of certain Richardson dated as of October 25, 2004, as previously amended and restated (the "Prior Contract "), regarding redevelopment of certain property within the City located in the area known as Huset Park (the 1.02. The City previously approved the Contract on October 12, 2015, subject to modifications that do not alter the substance of the transaction, and the Redeveloper has acquired the Redevelopment Property, but the Contract has not been fully executed. 1.03. The Authority, the City and the Redeveloper have proposed to modify Section 3.5 of the Contract to allow for the refunding of the Authority's outstanding Tax Increment Revenue Bonds, Series 2007, to achieve debt service savings. This revision constitutes a modification that alters the substance of the transaction, and as such requires the approval of the Authority and City. 1.04. The Council has reviewed the Contract as proposed to be revised and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Ratification of Approval; Further Proceedings. 2.01. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. Ordinance 1627 (First Reading) BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BY THE CITY OF COLUMBIA HEIGHTS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 4618 POLK STREET NE. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 4618 Polk Street NE: Sheffields Second Subdivision, City of Columbia Heights Lot 11 and North 10 feet of Lot 12, Block 2, Sheffields 2 d Subdivision SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. DRAFT MINUTES OF PLANNING AND ZONING COMMISSION APRIL 6, 2016 7:00 PM The meeting was called to order at 7:08 pm by Chair Szurek. Commission Members present- Buesgens, Holum, and Szurek Members Absent: Fiorendino and Schill Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Holmbeck told commission members that Adam Schill has been appointed to serve on the Commission, but was unable to attend this meeting due to illness. Motion by Buesgens, seconded by Holum, to approve the minutes from the meeting of March 2, 2016 All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2016 -0401 APPLICANT: Craig Eilers, White Castle Restaurant LOCATION: 5055 Central Avenue REQUEST: Site Plan Approval Craig Eilers, White Castle Restaurants, has applied for Site Plan Approval. The applicant is proposing to tear down the existing White Castle Restaurant and reconstruct the restaurant on the property located at 5055 Central Avenue NE., Columbia Heights, MN 55421. The proposed plan will result in an updated and modern White Castle Restaurant on the commercial site. The existing building is 2,475 square feet. The new building will be 2,865 square feet, and 390 square feet larger than the existing building. The proposed site plan will include a number of site improvements including the new building, trash enclosure, parking lot, landscaping and lighting and menu board signage. A narrative provided by the applicant, and was included in the agenda packets. ZONING ORDINANCE The property located at 5055 Central Avenue NE., is located in the General Business Commercial Zoning District. The properties to the north, south, east and west are also located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for commercial use. Reconstructing the commercial restaurant on the site is consistent with the goals and intent of the comprehensive Plan. 10 P & Z Minutes Page 2 April 6, 2016 DESIGN GUIDELINES Holmbeck explained the subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. In general, the proposed buildings meet the design guidelines. Signage will be addressed when the applicant or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building will be located approximately 54 feet from the sidewalk along Central Avenue. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building is less than 40 feet in width. The proposed building will be 38.23 feet wide. • Building height shall be a minimum of 22 feet. The proposed building will be 27.4 feet tall at the tower and 18.8 feet tall to the parapet. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan meets this guideline on the front and sides of the building, however there are no windows on the rear side of the building. • The building should have a well - defined front facade with primary entrances facing the street. The proposed building will have a well- defined front facade, with the primary entrance facing Central Avenue. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, coincide with the company's recognizable restaurant brand, and should complement the surrounding area. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of two primary colors: blue and yellow. • All buildings should be constructed of high- quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo 11 P & Z Minutes Page 3 April 6, 2016 • brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with brick and stone. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN 1. Parking The proposed plan identifies 31 parking stalls for the restaurant. Staff believes this number is adequate, as it exceeds the minimum zoning requirement. For convenience food service establishments, the Zoning Code requires 6 parking spaces plus one per 40 square feet of dining/service area, plus 6 stacking spaces for each drive thru lane. By this standard, the plan exceeds the required 29 required spaces with an additional 2 spaces (900 sq. ft. of service area/40 =22.5 or 23 spaces + 6 stacking spaces =29). 2. Access The site will be served by two access points off Central Avenue onto 51St Court. The property itself will be served by three entrances off 51St Court. The property currently has 4 access points one to the north, one to the south, and two on the east side of the property. The applicant is proposing to close the north east access point to allow for additional parking. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. The applicant is proposing to construct an ADA compliant sidewalk from the front of the building to the sidewalk along Central Avenue, providing pedestrian connectivity to the surrounding area. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. P & Z Minutes Page 4 April 6, 2016 b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for commercial development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan for meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Holmbeck reviewed the conditions listed in the motion for approval. Questions from members: Szurek said she would like to see a sample or rendering of the colors that will be used for the new building. Holmbeck stated that the building is primarily white with stripes that go around the building. She said the building is a new design with an exterior that will be stone and brick and she showed the members a drawing. Buesgens stated that the building and menu board are being demolished and replaced. She wondered if they were also replacing the current pylon sign. Holmbeck said the owners planned on re- facing the existing sign. Buesgens asked if the Commission could make it a requirement to replace the sign with a monument sign. Szurek agreed that it should be a monument sign as the building is being replaced and she thought that was required according to the Design Guidelines. Holmbeck said it could be added as a condition of approval if the commission members decide to enforce that recommendation. Hoium questioned the access points and position of the building. Holmbeck reviewed the placement of the building on the site and where the drive -up area is located as well as the access points from the surrounding streets. She noted that one access that is currently used in the northeast corner of the property will be eliminated. Mr. Eilers from White Castle told members that the existing building was constructed in 1978 and the drive - through was added in 1986. He said the building needs updating and renovations so they have decided to re- build it using the new proto -type design. He said the exterior will be stone and brick and be more aesthetically appealing than the old enameled metal siding that is on the existing building. He showed members samples of the materials that will be used. 13 P & Z Minutes Page 5 April 6, 2016 Szurek stated that she was concerned that vehicles must drive through the entire site in order to pick up an order. Eilers stated that the menu board will be on the back side of the building. 90% of their buildings are designed this way and it has worked well for them. Szurek asked him when they plan to start. He responded that they hope to demolish the building in July and start construction in August. He said the whole process should take about 4 months so they should be open again before year end. There was another short discussion regarding the monument sign and it was decided to add it to the list of conditions of approval. Public Hearing Opened. No one was present to speak on this. Public Hearing Closed. Motion by Buesgens, seconded byHoium, to waive the reading of Resolution No. 2016 -PZ02, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Buesgens, seconded byHoium , to adopt Resolution No. 2016 —PZ02, being a resolution approving a Site Plan, for the proposed Wliite Castle Restaurant, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 4. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated March 29, 2016. 5. All City Storm Water Management requirements shall be achieved for this property. 6. Site and elevation plans included in this submittal, dated February 16, 2016 shall become part of this approval. 7. All other applicable local, state, and federal requirements shall be met at all times. 8. That the applicant must replace the pylon sign with a monument sign according to the Design Guidelines. Maximum size of the sign will be determined by staff. All ayes. MOTION PASSED. 14 P & Z Minutes Page 6 April 6, 2016 RESOLUTION NO.2016 -PZ02 A Resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2016 -0401) has been submitted by Craig Eilers on behalf of White Castle Restaurant, to the Planning and Zoning Commission requesting Site Plan Approval from the City of Columbia Heights at the following site: Address: 5055 Central Avenue NE., Columbia Heights, MN 55421 Legal Description: On file at City Hall. The applicant seeks the following: Site Plan Approval for a proposed commercial building to be located at 5055 Central Avenue NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on April 6`l', 2016. Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City Staff regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Now, therefore, in accordance with the foregoing, and all Ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights snakes the following: FINDINGS OF FACT The site plan conforms to all applicable requirements of this article. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with any applicable area plan. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the pen-nit. Conditions Attached: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 4. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated March 29, 2016. 5. All City Stonn Water Management requirements shall be achieved for this property. 6. Site and elevation plans included in this submittal, dated February 16, 2016 shall become part of this approval. 7. All other applicable local, state, and federal requirements shall be met at all times. 15 P & Z Minutes Page 7 April 6, 2016 Passed this 6"' day of April, 2016 Offered by: Buesgens Seconded by: Hoium Roll Call: All ayes Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary OTHER BUSINESS 1. Temporary Event Permits and Interim Use Permits Holmbeck explained that staff has created a Temporary Events Permit application for special events that are held for less than 30 days such as church festivals, Ramadan tents, etc. These permits will be issued by staff and will be used for tracking the events and also to gather information from the applicant to ensure public safety. These Temporary Events Permits will not replace Interim Use Permits that will still come before the Planning & Zoning Commission for approval. Interim Use Permits are required for garden centers, Christmas tree sales, and fireworks sales. 2. Ordinance No. 1626, Text Amendment (update)- Amending City Code of 2005 relating to Automotive Uses. Holmbeck stated that this Ordinance was brought before the City Council in March. The Council tabled adoption of the Ordinance since it didn't specifically address Auto parts stores. When it was discussed at the last work session the City Council also wanted language in the Ordinance to include motorcycle shops. Staff will bring this back to the Council at the April 25th meeting. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary 16 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 2, 2016 Approved 4/6/2016 The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella and Catherine Vesley. Also present was Library Director Renee Dougherty, Recording Secretary Renee Rewitzer and Bryan Olson from the "Anoka County Record." Absent was Council Liaison Gary Peterson. The minutes of the February 3, 2016, Board meeting were approved. The bill list dated February 2, 2016, was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated February 17, 2016, was reviewed. It was moved, seconded, and passed that the bills be paid. The March 2, 2016, accounting sheet was reviewed. Old Business: Update on New Library Construction Construction is roughly on schedule; the building is now fully enclosed. Dougherty said that bid packages for furniture and technology would be brought to the City Council for approval on March 14. The technology packages include all public and staff computers equipment, wireless access points, printers, and telephone equipment. RFID Update The City Council approved the contract with 3M /Bibliotheca. The contract will be divided into two parts with different delivery dates. Part one of the contract is the purchase of the book and media RFID tags, the purchase of one staff antenna workstation, and one -month rental of a mobile tagging station. Part two includes security gates, self -check stations and two additional staff stations. The Foundation voted to fund up to $65,000.00 for the RFID project. The equipment will arrive during the week of March 7. Staff will begin tagging the collection as soon as they have been trained. Barb Kondrick is assembling volunteers to assist the process. The majority of tagging should be completed in one month. 17 Service Hours Dougherty suggested that a more consistent schedule would be appreciated by library visitors and sought Board feedback. Dougherty handed out a spreadsheet of library hours from adjacent Hennepin County, Ramsey County and Anoka County Library branches for comparison with the Columbia Heights Public Library. Smith asked when the library is most busy and Dougherty said Monday through Wednesday are the busiest days with usage lessening on Thursday, Friday and Saturday. Dougherty offered to do a budget analysis to see how to staff the new hours within the existing 2016 budget. Vesley said she'd like to see Saturday data usage statistics and also stated that there should be consideration of the new location and its proximity to the Heights Theater; patron usage might increase. Smith asked if there would be staffing changes at the new library. Dougherty said theoretically the library would not need as many part time staff as we have at present. The board prefers an early opening on Thursdays. Their second priority would be to adjust closing time later on Thursday evenings. Third priority would be to examine Saturday hours. Dougherty wants to maintain consistent Saturday hours year round instead of making seasonal changes during the summer months. The board consensus is to have the library open consistently, Monday through Friday, at 9 a.m. Dougherty will bring Saturday usage statistics to the April board meeting for further discussion. New Business: Credit Card Payment Anoka County Library is working with Sirsi /Dynex and a third -party vendor named ProPay to accept credit card payments. Dougherty would like Columbia Heights Library to join this program if possible. Details of costs were shared with the Board. Dougherty shared that the library collects approximately $14,000 of fines and fees each year. More fines and fees might be paid if the library had the ability to accept credit and debit cards. The board replied they would be interested in looking into the program. City Annual Report Dougherty handed out copies of the report to the board. They remarked on circulation counts, computer usage, and patron visits. Items from the Floor: • Dougherty handed out the February — April Club Book flyer. Club Book is a program hosted by the library systems in the Twin Cities metro are to bring award - winning and bestselling authors to library audiences. • eBooks Minnesota (www.ebooksmn.org) is a joint project of Minitex and the Minnesota Department of Education, State Library Services. eBooks Minnesota is an online ebook collection for all Minnesotans. There are no digital rights 18 management required for these titles and no limit to the number that can be checked out at a time. Readers can keep the title as long as they wish. There is no cost for libraries to use this collection of 2500 titles. The collection was made possible in part by funding from the Minnesota Department of Education through a grant from the Institute of Museum and Library Services. • In addition, the Minnesota Digital Library is collaborating with the Digital Public Library of America to increase online access to collections held by cultural organizations across the state. By working together on this national initiative, state institutions can offer users access to millions of items — photographs, maps, manuscripts, audio - visual materials, and more —from libraries, archives, and museums across Minnesota and the United States. The app is available through iTunes, Google Play or Kindle Fire. There being no further business, the meeting was adjourned at 7:22 p.m. Respectfully submitted, Renee J. Rewitzer 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. Attachments: Hours of Area Libraries, City Annual Report 19 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: STAFF RECOMMENDATION: Approval of attached list of rental housing applications. RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications for April 25, 2016, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: List of Rental Licenses to Approve (TIF) 20 Print Rental Licenses tmapprove COLUMBIA HEIGHTS by CC_2016 � � �� O� � 8� �� J� �� (� J� � �� 8� � - azs41st Avenue ws" Columbia Heights, MIm5s4zz"m,pect|ors76y-7oa-81ss°mm7Gs-70s*z51"8rei,^pectmns@uodumba'heights.mn.us 10007 39I9PULKST Dettnan'Alex F15292 3654 6th Street N $175.00 __________________________________________________ Minneapolis, MIN SS412 10009 435l 6TH 3T Cosco Property 3LLC F15074 6J93Peiony Lane N $175.08 __________________________________________________ Maple Grove, MIN 5S311 10017 4l43 7TH ST Ashrafzadehkian,Ghn|amreza F15212A 5D17 Beard Ave N $175.00 _______________________________________________ Minneapolis, MIN 5S41O _ 10021 13294lSTAVE Swanson, Ray F15223 3]344Oth Avenue S. $175.00 ________________---- Minneapolis, MN5S4O6 _____________________________ 10023 4932 4TH ST Miller, David F15013 31SS Pierce Street $ l75.0O _________________________________________________ Minneapolis, MN554I8 18030 4301k4CLEODST Oxpina,Gretchen F15194 138018|uewin0Dr $175.00 __________________________________________________ Rogers, MIN 55374 I0039 3O58 TYLER 3T Fairfield Investments F15112 2817 Anthony Lane S.#2D3 $175.00 __________________________________________________ St. Anthony, K4NS5418 10040'KY S3OHUSETPKWY Hippert, Scott FI5023 g31 Abbeville Dr. $175.00 __________________________________________________ St. Louis, K4O6313O 10041 4O44 RESERVOIR BLVD Donnelly, Mike F15152 33Demont Avenue VV $175.00 __________________________________________________ Little Canada, MN5SI17 10044 4852K4ONROEST Blomberg, Thomas F15068 96lHi||windRd. $175.00 ___________________________________________ Fridley, MN55432 ----- _____ 20057 13O6451/2AVE Reichow'Char|es F15157 1l671 Alder 3tNVV $175.00 -- ----- '' --------------------------------------- Coon Rapids, K4NS5448 10070 4732 UPLAND CREST Hawkeye Real Estate, Dave GaUug|y F15014 9OO Broadway Avenue $175.00 St. Paul Park, MN5SU71 __________________________________________________ 21 04/18/2016 10u1 Page I Print Rental licenses to approve COLUMBIA HEIGHTS by CC 2016 FIRE DEPARTMENT 825 41st Avenue NE , Columbia Heights, MN 55421 G Inspections 763 -706 -8156 - Fax 763 - 706 -8151 v fireinspections@ci.columbia-heights.mn.us 10076 1400 PARKVIEW LN Boujnikh, Lahoucine F15174 977 118th Avenue NE $ 175.00 Blaine, MN 55434 10089 2005 43RD AVE Schantz, Bradley F15126 195 Lakeview Rd E $ 175.00 Chanhassen, MN 55317 10092 1107 42ND AVE MSRI Assets Co, LLC F15107 8300 N Mopac Expressway #200 $ 175.00 Austin, TX 78759 10095 1020 44TH AVE Boujnikh, Lahoucine F15174A 977 118th Ave NE $ 175.00 Blaine, MN 55434 10144 260 MAUREEN LN Kerns, David and Kim F15111 231 Ability Point Court $ 175.00 Henderson, NV 89012 10145 4311 RESERVOIR BLVD Hinrichs, Eric F15211 4259 Arthur St NE $ 175.00 Columbia Heights, MN 55421 10150 973 GOULD AVE Biddle, Brad F15244 1847 Kohlman AVE $ 175.00 Maplewood, MN 55109 10153 -107 101141ST AVE Clennon, Julie F15064 2425 Holy Name Drive $ 175.00 Medina, MN 55391 10162 4201 MAIN ST I1-12 Properties Illinois, LP F15150 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10178 3839 VAN BUREN ST Kucera, Gavin F15056 1654 29th Avenue NW $ 175.00 New Brighton, MN 55112 10209 3708 2 1/2 ST Cel Monton LLC F15058 1845 Stinson Parkway $ 175.00 Minneapolis, MN 55418 10210 2227 FOREST DR Olson, Karen F15166 977 Summit Ave #A $ 175.00 St. Paul, MN 55105 ----------------- ----------------- - 22 04/18/2016 10:31 Page 2 Print Rental Licenses to approve COLUMBIA HEIGHTS by CC 2016 FIRE DEPARTMENT I> e P Iff 0 Ir 1 029 J 9'V I a I CPU 82Avenue NE - Columbia Heights, MN 55421 - Inspections 763 - 706 -8156 o Fax 763 -706 -8151 a fireinspections @ci.columbia- heights.mn.us ------------------------------------------------------ 10234 4445 2ND ST Koch, Ken F14979 23407 Painter Ave $ 175.00 Port Charlotte, FL 33954 10246 4513 5TH ST Phillips, Branden F15195 3241 Scott Ave N $ 175.00 Golden Valley, MN 55422 10249 1440 PARKVIEW LN I1-13 Property Minnesota, LP F15149A 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10250 1000 41ST AVE Kociscak, William F15042 6980137th Ave. NW $ 175.00 Ramsey, MN 55303 10268 4725 4TH ST Tainter, James F15012 PO BOX 68092 $ 175.00 Minneapolis, MN 55418 10271 3915 3RD ST WEINKAUF, TODD F15198 3915 3RD STREET NE $ 175.00 Columbia Heights, MN 55421 10272 1032 44TH AVE Irshad, Rukhsana F15202 52116th St NE $ 175.00 -------------------------------------------------- Columbia Heights, MN 55421 10277 1415 43RD AVE BARER Investment Group F15121 16715 12th Ave N $ 175.00 Plymouth, MN 55447 10286 -217 101141ST AVE Peterson, Karen F15196 4949 6th Street N.E. $ 175.00 Columbia Heights, MN 55421 10315 4129 6TH ST MNSF Minneapolis LLC F14969 4064 Colony Rd #340 $ 175.00 Charlotte, NC 28211 10346 1070 GRANDVIEW CT Kurak, Thomas F15147 15001 Sunfish Lake Blvd. $ 175.00 Ramsey, MN 55303 10349 5005 7TH ST Truong, Brad F15015 2619 Landera Ct. $ 175.00 Pearland, TX 77584 -----------------.—.-------------------------- - --- -- 23 04/18/2016 10:31 Page 3 Print Rental licenses to approve COLUMBIA HEIGHTS by CC 2016 FIRE DEPARTMENT 825 41st Avenue NE � Columbia Heights, MN 55421 - Inspections 763 - 706 -8156 v Fax 763 -706 -8151 a fireinspections @ci.columbia- heights.mn.us 10366 -RY 328 ORENDORFF WAY Ahadome, Edmond F15059 16515 54th Ct N $ 175.00 Plymouth, MN 55446 10372 4747 UPLAND CREST Ketcham, David F15163 8928 Almquist Way $ 175.00 Inver Grove Heights, MN 55077 10375 4332 6TH ST Kieler Construction & Holdings LLC F15108 3600 Holly Lane #10 $ 175.00 Plymouth, MN 55447 10394 542 SUMMIT ST Hampton Investments, Inc. F15118 2817 Anthony Lane S. #203 $ 175.00 ---------------------------------------------------- St. Anthony, MN 55418 10424 4609 FILLMORE ST Hawi, Gutama F15172 4531 Fillmore St NE $ 175.00 Columbia Heights, MN 55421 10428 5239 4TH ST I1-13 Property Minnesota, LP F14990 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10431 4337 ROYCE ST IH2 Property Illinois, LP F14987C 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10432 979 44 1/2 AVE I1-12 Property Illinois, LP F14989 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10435 3940 3RD ST I1-12 Property Illinois, LP F14987D 1270 Eagan Industrial Rd #160 $ 175.00 Eagan, MN 55121 10437 1234 44TH AVE RHA 3, LLC F15105 1611 County Rd B West #104 $ 175.00 Roseville, MN 55113 10441 1070 GRANDVIEW CT Spencer, Robert F15170 1070 Grandview Ct #102 $ 175.00 -------------------------------------------------- Columbia Heights, MN 55421 12000-NC 5037 MADISON ST Danko, Andrew F15133 5037 Madison Street $ 175.00 Columbia Heights, MN 55421 04/18/2016 10:31 Page 4 Print Rental Licenses to approve OOLUMBIA HEIGHTS by CC 2016 FIRE DEPARTMENT 825 41st Avenue NE a Columbia Heights, MN 55421 - Inspections 763-706-8156v Fax 763- 706 -8151 v fireinspections @ci.columbia- heights.mn.us 12006 3879 POLK ST Brockway, Charles F15138 3881 Polk Street NE $ 175.00 Columbia Heights, MN 55421 12012 1337 CIRCLE TER BLVD Carroll Jr., Kenneth F15197 1337 Circle Terrace Blvd. N.E. $ 175.00 Columbia Heights, MN 55421 12019 5055 JACKSON ST McNutt, Mary Jo F15212 5057 Jackson Street NE $ 175.00 Columbia Heights, MN 55421 12021 3817 HAYES ST Calico, Ralph F15171 37 7th Ave NE $ 175.00 Minneapolis, MN 55413 12027 4600 FILLMORE ST Halek, Jane F15231 4602 Fillmore Street $ 175.00 Columbia Heights, MN 55421 12035 4606 FILLMORE ST Xiong, Amy F15140 4608 Fillmore St $ 175.00 --------------------------------------------------- Columbia Heights, MN 55421 12037 4056 5TH ST Ahmed, Mohamed F15219 4058 5th St NE $ 175.00 Columbia Heights, MN 55421 12091 4450 TYLER PL Buecksler, Caleb F15057 4452 Tyler PI NE $ 175.00 Columbia Heights, MN 55421 15021 5032 WASHINGTON ST Czichray, Hildegard F15153 5038 NE WASHINGTON ST $ 55.00 Columbia Heights, MN 55421 15023 5134 WASHINGTON ST Bursch, Angel F15233 5136 NE WASHINGTON ST $ 55.00 Columbia Heights, MN 55421 15024 4600 JEFFERSON ST Picken, Jennifer F15159 4600 Jefferson Street $ 55.00 Columbia Heights, MN 55421 15033 4456 7TH ST Norberg, Rita FE15205 4458 Reservoir Blvd NE #219 $ 55.00 Columbia Heights, MN 55421 -- --- ----- — --- --------------------- ------ - - - - -- - - - -25 - - -- 04/18/2016 10:31 Page 5 Print Rental Licenses to approve COLUMBIA HEIGHTS by 0C_2016 FIRE DEPARTMENT I evReTlo» D11WIGNOW 825 41st Avenue NE d Columbia Heights, MN 55421 6 Inspections 763- 706 -8156 a Fax 763 -706 -81514, fireinspections @ci.columbia- heights.mn.us 15048 3916 ULYSSES ST Olson, Georgia FE15216 3916 Ulysses Street NE $ 55.00 Columbia Heights, MN 55421 15051 1726 42ND AVE Berg, Julie F15181 1036 42nd Avenue $ 55.00 Columbia Heights, MN 55421 15058 212 40TH AVE Renewcon Development LLC, Tim Flak FE15206 16059 Wake ST NE $ 55.00 Ham Lake, MN 55304 15083 4615 CHATHAM RD Damerow, Allen F15199 619 Driftwood Ct. $ 55.00 New Brighton, MN 55112 20014 666 47 112 AVE Toussi, Farrokh F14919 3060 Poppler LN $ 175.00 Eagan, MN 55121 20044 5229 7TH ST Matthes, Edwin F15169 545 54th Avenue $ 175.00 Fridley, MN 55421 -1246 20047 3959 RESERVOIR BLVD Wegman, James F15240 191140th Avenue $ 175.00 Columbia Heights, MN 55421 20054 5216 WASHINGTON ST Olin, Richard F15053 10682 Washington Blvd. NE $ 175.00 Blaine, MN 55434 20070 4500 TYLER ST Van Blaricom, Stanley F15217 118 Balsam Lane N. $ 175.00 Plymouth, MN 55441 20074 5109 WASHINGTON ST Majewski, John F15164 105 12th Av. N.W. $ 175.00 New Brighton, MN 55112 20085 3963 POLK ST Chong, Hyo F15203 3401- 78th Avenue North $ 175.00 Brooklyn Park, MN 55443 20130 5128 WASHINGTON ST Chamberlain Capital, LLC F14967 11578 Chamberlain Court $ 175.00 Eden Prairie, MN 55344 ------- - - - - -- ------------------------------ - - - - -- - - -- 26 04/18/2016 10:31 Page 6 Print Rental Licenses to approve COLUMBIA HEIGHTS by CC 2016 FIRE DEPARTMENT EMSPHOTHOW D11WHeff®w 825 41st Avenue NE a Columbia Heights, MN 55421 • Inspections 763 - 706 -8156 s, Fax 763 - 706 -8151 - fireinspections @ci.columbia- heights.mn.us 20133 4975 TYLER ST Cornelius, Chris F15122 7890 Queensland Ln. N $ 175.00 Maple Grove, MN 55311 20139 936 42ND AVE Steffl, Mark F15207 4845 Diane Dr. $ 175.00 Minnetonka, MN 55343 20141 1343 CIRCLE TER BLVD Habeck, Chad F15253 4107 Reservior Blvd. $ 175.00 Columbia Heights, MN 55421 20142 5110 WASHINGTON ST Harlan, Brad F15144 1799 Chatham Ave $ 175.00 Arden Hills, MN 55112 20144 5146 WASHINGTON ST Harlan, Brad F15144C 1799 Chatham Ave $ 175.00 Arden Hills, MN 55112 20146 5037 JACKSON ST Harlan, Brad F15144D 1799 Chatham Ave $ 175.00 Arden Hills, MN 55112 20148 4512 WASHINGTON ST Clark, Harold F15035 562 38th Avenue NE $ 175.00 Columbia Heights, MN 55421 20152 5140 WASHINGTON ST Harlan, Brad 1799 Chatham Ave Arden Hills, MN 55112 F15144E $ 175.00 20154 5200 WASHINGTON ST Harlan, Brad F15144F 1799 Chatham Ave $ 175.00 Arden Hills, MN 55112 20159 4622 7TH ST Gebhardt, Rick F14978 3465 Owasso Street $ 175.00 Shoreview, MN 55126 20169 4518 WASHINGTON ST Miller, William F14999 1462818th Ave Southwest $ 175.00 Seattle, WA 98166 20179 1715 37TH AVE Bogatir Construction & Properties LLC F15021 1515 Oak Ave $ 175.00 Redwood City, CA 94061 27 04/18/2016 10:31 Page 7 Print Rental Licenses to approve COLUMBIA HEIGHTS by 0 2016 FIRE DEPARTMENT E S.FECT30 L'1179 90 825 41st Avenue NE • Columbia Heights, MN 55421 a inspections 763 - 706 -8156 e Fax 763 - 706 -8151 a fireinspections @ci.columbia- heights.mn.us 20202 4600 JOHNSON ST Johnson St. Rentals F14603 4728 Debra Ct. $ 175.00 Shoreview, MN 55126 20243 3816 BIRD ST Youngren, Mark F15070 2430 154th Ave NW $ 175.00 Andover, MN 55304 20334 4522 TYLER ST Findell, Donald F15245 6850 Siverts Lane $ 175.00 Fridley, MN 55432 30002 3754 3RD ST Brown, Penelope F14975 4819 Azelia Avenue N. Apt #11 $ 237.00 Brooklyn Center, MN 55429 30004 543 40TH AVE ART Properties Management F14976 543 40th Avenue #5 $ 263.00 Columbia Heights, MN 55421 30006 -NC 3839 TYLER ST Parker, Theodore F15154 3839 Tyler Street $ 185.00 Columbia Heights, MN 55421 30026 3969 5TH ST Frlj, Nedim F15084 8401 Center Drive NE $ 286.00 Spring Lake Park, MN 55432 30032 940 39TH AVE ULLR, LLC F15177 3853 Central Ave NE $ 286.00 Columbia Heights, MN 55421 30039 501 MILL ST Carpio, Wilson F15094 4034 Cleveland St NE $ 185.00 Columbia Heights, MN 55421 30040 965 40TH AVE Parkview Ltd Partnership F14923 965 40th Ave $2245.00 Columbia Heights, MN 55421 30055 1400 47TH AVE Demetrious, Martha F15028 11159 Holland circle $ 175.00 Eden Prairie, MN 55347 30059 4347 TYLER PL Chies, Nancy F14922 1530 Rice Creek Road $ 185.00 Fridley, MN 55432 04/18/2016 10:31 Page 8 Print Rental Licenses to approve COLUMBIA HEIGHTS by "2016 FIRE DEPARTMENT 825 41st Avenue NE m Columbia Heights, MN 55421 - Inspections 763 - 706 -8156 e Fax 763 - 706 -8151 � fireinspections @ci.columbia- heights.mn.us 30106 4458 RESERVOIR BLVD Crestview Corporation F14984 4444 Reservoir Blvd. N.E. $1165.00 Columbia Heights, MN 55421 30116 4619 TYLER ST Marth, Mary F15200 4215 41st Avenue S $ 185.00 Minneapolis, MN 55406 34007 -109 1000 41ST AVE Williams, Dwayne F15146 1171 Burke Ave W Apt. #109 $ 175.00 Roseville, MN 55113 Total # of Licenses: 99 29 04/18/2016 10:31 Page 9 €CH COLUMBIA - HEIGHTS- AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Gambling permit, Immaculate Conception Church, Fun Fest Aug 5 -7, 2016 DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Scott Nadeau /April 21, 2016 j BY /DATE: BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for bingo and raffle at their annual Fun Fest to be held August 5, 6 and 7, 2016. STAFF RECOMMENDATION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee, the following action is recommended. RECOMMENDED MOTION(S): MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held August 5, 6 and 7, 2016 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. ATTACHMENTS: Gambling permit application Certificate of Exemption Letter from Archdiocese 30 16 -32 Gambling council fetter MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 5J15 An exempt permit may be issued to a nonprofit Application Fee (non - refundable) organization that: Applications are processed in the order received, If the a lication conducts Lawful gambling on five or fewer days, and PP • awards Jess than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year. application fee is $100; otherwise the fee Is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 - 539 -1900. service, nor are telephone requests for expedited service accepted. QRGIANIZATION INFORMATION Organization Previous Gambling Name: Immaculate Conception Church and School Permit Number: X- 01151 -16 -20 Minnesota Tax ID Federal Employer ID Number, if any: 41- 0743859 Number (FEIN), if any: Mailing Address: 4030 Jackson St NE City: Columbia Heights State: MN zip_ 55421 County: Anoka Name of Chief Executive Officer (CEO): John I. Mitchell Daytime Phone: 763- 788 -9062 Email: )mitcheil @immac- church.org NONpRO�iT STATUS Type of Nonprofit Organization (check one): Fraternal ED Religious Q Veterans Other Nonprofit Organization Attach a copy of Q,O,g of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: INN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651 -296 -2803, or toll free 1- 877 -551 -6767 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 toll free at 1 -877- 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization fails under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING.PREMISES 01F,OR,00'1ON Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Immaculate Conception Church and School Address (do not use P.O. box): 4030 Jackson St. NE City or Township: Columbia Heights zip: 55421 county: Anoka Date(s) of activity (for raffles, indicate the date of the drawing): August 5, 6 7, 2016. Raffle Drawing August 7, 2016 Check each type of gambling activity that your will conduct: �organization Bingo* El Paddlewheels* 1 Paddlewheels* i Pull -Tabs* F—]Tipboards* Raffle (total value of raffle prizes awarded for the calendar year: $3,000.00 ) * 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.mn.gov /gcb and click on Distributors under List of Licensees, or call 651- 539 -1900. 31 LG220 Application for Exempt Permit s /1s Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLE1GMENT (required) before submitting application to the Minnesota Gambling CowltrDl Board) 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 (60 days for a 1st class city). 30 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: information, the Board may not be able to TOWNSHIP (if required by the county) which law or legal order authorizes a new use or On behalf of the township, I acknowledge that the organization address which will remain public. Private data is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or as a consequence, may refuse to issue a permit. The city or county must sign before given; and anyone with your written consent. If your organization supplies the Information submitting application to the deny an application, per Minn. Statutes, section 349.213.) access to the information; Minnesota's Depart - Gambling Control Board. This form will be made available in alternative format (i.e. large print, Print Township Name: Signature of Township Officer: Title: bate: CHIEF EXECUTIVE OFFICER'S SWkAf *J ,(regq!red) The information provided in this application is complete and accurate to the best of my knowledge, I acknowledge that the financial report will be completed and returned to the Board within 30 days the event date. ' �of r � R6' Chief Executive Officer's Signature: ✓�G l Date: (SilKature mug�be CEO's signature; designee may not sign) �/ Print Name: ✓cy`t Lt �1 ^ / iC�'j� REQUIREMENTS MAIL,APPLICATION :NP ATTACHMENTS. - Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day, Only one application is required if one or more raffle drawings are ___y_ application fee (non - refundable ). If the application is postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit, Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3 -1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651- 539 -1900. Data privacy notice: The Information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities In Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all Information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the Information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An Equal Opportunity Employer MINNESOTA- REVENUE Certificate of Exemption ST3 Purchaser: Complete this certificate and give it to_ the seller. Seller: .lf this certificate is not fully completed;.ybu- must charge sales tax., Keep this certificate as part of your records. This is a blanket certificate,, unless one of the boxes.-below-is checked, and remains in force as long as the purchaser continues making purchases, or until otherwise,cancelled by the purchaser. InCheck if this certificate is for a single purchase and enter the related invoice / purchase order # I—`? If-you are a contractor.and have a purchasing agent agreement with an- exempt organization, check the box to make multiple LJ purchases for a specific job: Enter the exerhpt entity, name and specific project: Exempt entity name Project description >` Marne of purchaser 01 Accommodation and food services 11 : Transportation and warehousing Immaculate Conception Church 02 . Agricultural, forestry, fishing, hunting 12 Utilities '8 . usiness address City , state Tip code 04 Finance and insurance 4030 Jackson St NE .Columbia Heights MN 55421 15 Professional services ' -.Purchasers tak ID number State of issue Country of Issue a " 41- 07.03859 MN 08 Real estate If no tax* ID number, FEIN Drivers ficense number /State Issued ID number 09 Rental and leasing A., enter one ofthe.foilowing: i.' I t state ofrssue number 20 Other (exp?alnl ' Na.T6 or sel ier from whom you-are Purchasing, leasing or renting —' I industrial production /manufacturing' car: B Specific government exemption (from list on back) 1 Direct pay permit # Seller's address City State Tip code >` .TYP& of business: Circle the number thdt describes your business. 01 Accommodation and food services 11 : Transportation and warehousing 02 . Agricultural, forestry, fishing, hunting 12 Utilities 03 Construction - 48 Wholesale trade 04 Finance and insurance 14 Business services a. .� 05 Information; publishing and communications 15 Professional services ' =, _ -06 Manufacturing. 16 education and healthcare services a " 07 Mining 17 Nonprofit organization 08 Real estate 18 Government 09 Rental and leasing 1g Not a business (explain) 10 Retail trade 20 Other (exp?alnl ' Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) I industrial production /manufacturing' car: B Specific government exemption (from list on back) 1 Direct pay permit # K Multiple points of use (services, digital goods, or X : C. Tribal government (nine} - computer software delivered electronically) D Foreign diplomat V L Direct maif .a� . Charitable organization # 8353667 M Other (enter number from beckpage) a�•:.: • F ,Religious or educational organization # N Percentage exemption ' G Resale ❑ Advertising (enter percentage) % H Agricultural production [] Utilities (enter percentage) 1 declare that the• information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY- If ._ you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other �.:,. than those being claimed you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) �=• S gnature of authorized " chaser nt name her Title Pate 33 Stock 2:,00030 (Rev. 6/08) Forms and fact sheets are available on our website at wwwAt•,aes.State.inn.us Jesus Christ is the sane yesterday, today and forever;" HeD. 13:8 Archdiocese of Saint Paul and IV hmeap olis 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 pj7cial 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. Eisenzunrne�- ir for Civlk, airs Enclosures 34 internal Reveenue 5etvlce P. U, Box 2508 Clnd'rtnatl, OH 45201 Date: JUL $ 8 12009 United States Conference of Cathornc BWm>p& 321140 Street, ME. Washington, D.C. 20017-1194 ©gar Sir or Madam: Department of the Tra"ury Person to Contact, Roger Meyer Toff Freo Telephone (dumber. 877 - 829 -6500 Employer iderrtifIcafton Mumtber: 53-01966:17 Group Exemption Numbe ra 0928 In a rururg dated Mamch 2,5, 1946, we heki that the agencies and instrumentalities and all educational, charitaMe and rel€giotrs Irhstf€trtions operated, supervised, or controlled by or in care sactian with tfte Rmnan Cathono Chumh in the United States, its territories or possesstDm appearing In 77q (}NCIal Caffx%lk Dkgctory 7944, are entitled to ex mpffon from Federal 1"M nu tax under Me provwons of section 101(6) of fire trdernal Revenue Code of 1939, which corm to section 5M (c)(3) of the 1986 Code,. This ruling has been updated anntially to cover the organb:ations added'to or deleted from 7tte Ditecioty. 77* Of fal Cafhatk DlreMfyfor20W shoves the names ,and addresses of all agancias and tnsirunteltWtft s and all educational, chadtaltle, and rer0ous insuh&ons operated by file RorrM Ca#i10W Church in the United States, Its tenitorles and possessions in existerm at the time the DfreetDq was publ€ led, t# Is understood that each of these is a non -pro torgartization, t#tat no past of the net earnings iihereof hjures to the benefit of any Individual, tint no subs ntial part of ffteir ages is forprorrnotlon of legWation, and that none are prfvwe foundatlon.s under secdon 509(a) of Ole Code. Based On all Information submitted, we conclude that tha•agencies and jr*h -V Wntaiities and educa8onat, ttraritabfe, and reiiglous irhstitWons operated, supervised, or controlled by or In connection with the Roman Catholic Church in the United States, Its t ` or ssiorts appearing tit The Ofirrarat Caftfk DYr�ry far 21709 afe exempt from Federal hu*rne tans under sectlon 501(0)(3) of the Cade. Donors may deduct coWbWons to the agencies, Wztumersiaiitles and ifrsf loons refr}treci to above, as provided by section 170 of the code. Bag sis, tegaciss, d'evises, lrathsfers, or gifts ft> f lMn or for ti+air tree are daduc#lE-4e for Federal esiale and gift tax purposes if they meet the app5cable proutskm Of sec130ns 2055, 2106, and 2522 of the Cade. S,egfrinkg Jantigry 1, 1984, ur dess specffcalty exfrepted, you and your subordmates muss pay tax ufufer the Federal l� Corrtrrbuiions Act (FICA) for each employee who is paid $-100 or more in a calendar year, as indexed for iatlatiorh, You and yoursubordinates are riot rMW for the tax uthder the FOferal Uaerrrpfoyrrnent Tax Act (FUTA). 35 1 size corKrIU0ns conceming the retention of your group exemption as set forth to our previous determination lettardated August 17, 7883, reamarn in full farce and effect. SIncereiy, Cindy W Manager, Exempt Organ'¢atlons Determinations ° 36 rC� COLUMBIA - - HEIGHTS- AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Resolution No, 2016 -42 Approving State of MN Joint Powers Agreements DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Scott Nadeau /April 21, 2016 BY /DATE: BACKGROUND: The City's current Master Joint Powers Agreement (JPA) with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension (MN BCA) expires soon. This will require executing a new Joint Powers Agreement. Our current Court Amendment expires with the current Joint Powers Agreement, so a new Court Amendment will need to be executed as well. This action requires a Resolution of the City Council. STAFF RECOMMENDATION: The Joint Powers Agreement and the Court Amendment have been reviewed by myself and City Attorney Jim Hoeft. Our recommendation is that the Council adopt Resolution 2016 -42 Approving State of Minnesota Joint Powers Agreements with City of Columbia Heights. RECOMMENDED MOTION(S): MOTION: Move to approve Resolution No. 2016 -42, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. I-ii•t_To :I►A1411 i State of Minnesota Joint Powers Agreement Authorized Agency Court Data Services Subscriber Amendment to CJDN Subscriber Agreement 37 16 -38 Council letter re BCA JPA Resolution 2016 -42 RESOLUTION NO. 2016-42 A resolution of the City Council for the City of Columbia Heights, Minnesota, Approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department Whereas, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the Police Captain is appointed as the Authorized Representative's designee. 3. That the City Attorney James Hoeft, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Attorney's legal assistant is appointed as the Authorized Representative's designee. 4. That Gary Peterson, the Mayor for the City of Columbia Heights, and Katie Bruno, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 38 Resolution re JPA with BCA SWIFT Contract # 107114 MN0020400 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Columbia Heights on behalf of its Police Department ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 39 SWIFT Contract # 107114 MN0020400 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://apl2.dps,mn.gov/cidn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x,state.mn.us/sites/beaservicecatalog/default.4§px. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions /mniis/ Documents /BCA - Policy- on- Appr_o_. -riate- Use -of- Systems- and- Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@,state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must 40 SWIFT Contract # 107114 MN0020400 keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy, The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Six Hundred Thirty Dollars ($630.00) or a total annual cost of Two Thousand Five Hundred Twenty Dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Chief Scott Nadeau, 825 41" Avenue NE, Columbia Heights, MN 55421- 3882, (763) 706 -8100, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 41 SWIFT Contract # 107114 MN0020400 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Star. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are teievant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 42 SWIFT Contract # 107114 MN0020400 Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other parry's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. 5 43 SWIFT' Contract # 107114 MN0020400 The parties indicate their agreement and authority to execute this Agreement by signing below. L AGENCY Name: Gary L. Peterson Signed: Title: Mayor Date: Name: Katie Bruno Signed: Title: City Clerk Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 44 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ( "Subscriber Amendment ") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ( "BCA ") and the City of Columbia Heights on behalf of its Police Department ( "Agency "), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ( "Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 107114, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement "), Certain BCA systems and tools that include access to and /or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and /or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and /or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 45 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement ") between the Court and the BCA. b. "Court Data Services " means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website {for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP /IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 46 L "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and /or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and /or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 47 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. Subscriber's access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual. who is permitted use of and /or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and /or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 48 7. LICENSE AND ]PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court. Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey," d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub - section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 49 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and /or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 6 50 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 51 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 52 hereunder shall be deemed to have been received when personally delivered in writing or seventy - two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON - WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber maybe merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby, 9 53 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Gary L. Peterson Signed: Title: Mayor Date: Name: Katie Bruno Signed: Title: City Clerk Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: _ Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: lin 54 0 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016 -43 APPROVING A MASTER PARTNERSHIP CONTRACT WITH MNDOT DEPARTMENT: Public Works CITY MANAGER' APP OVAL: BY /DATE: Kevin Hansen / April 20, 2016 BY /DATE: BACKGROUND: Attached is a Master Partnership Agreement with MnDOT. The Master Partnership Contract provides a framework for MnDOT and the City of Columbia Heights to provide payment to each other for services rendered. A few routine services are included in the contract and all other services are accomplished through the execution of work orders. The Agreement form was initiated by MnDOT at the end of 2015. Examples of the work that would be covered by the agreement are: Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, and Materials Testing. Other work provided by either party, such as engineering and design, would require a separate agreement specific to the project. Examples of this would be traffic signal replacement. We currently need the agreement in place to cover City requested services for state lab, materials and bituminous plant testing for our 2016 project work. STAFF RECOMMENDATION: Approve the Master Partnership Agreement with MnDOT. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -43, there being ample copies available to the public. Move to adopt Resolution 2016 -43 being a Resolution approving the Master Partnership Contract with MnDOT. ATTACHMENT(S): MnDOT Cover Letter Resolution 2016 -43 Master Partnership Agreement 100265 55 Minnesota Department of Transportation 19�NNESprq J6 y� Metro District Office of State Aid Telephone: 651 - 234 -7773 �Q 1500 West County Rd B2 sharon.lemay @state.mn.us OF T"No Roseville, MN 55113 -3174 To: Local Agency RE: Proposed Master Partnership Contract Attached is a proposed master partnership contract along with a sample City Resolution. The Master Partnership Contract provides a framework for Mn /DOT and Local Agencies to provide payment to each other for services rendered. A few routine services are included in the contract and all other services are accomplished through the execution of work orders. If acceptable, please print 3 copies and arrange to have the Master Contract presented to your City Council for their approval and execution. Please ensure that the original signatures of the officials authorized to execute this contract on their behalf are obtained on all four copies of the agreement. A signature acknowledgment must be included either on the signature page or attached as a separate document. (it is suggested that all signers use blue ink so that the original signatures are obvious and will not be mistaken for photo copies.) Please provide signatures only under the Local Government heading. Also required is a new resolution passed by the City Council authorizing its officials to sign and execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else signs in the named official's place, the agreement will not be executed.) This resolution must be contain the notarized signature of the individual certifying the resolution. Sample forms and language are enclosed with this letter. Please provide three original versions of a resolution including signatures and City /County stamp. Work Orders do not need City Council approval unless the City Council stipulates that in their resolution. Generally only the City Engineer needs to sign Work Orders. To expedite the approval process, the executed agreements and resolutions should be returned to me to obtain further signatures. Please note that no work shall be performed by Mn /DOT personnel until the full execution of the agreement. After execution by Mn /DOT and other State officials, a copy of the agreement will be returned to you. If you have any questions or require additional information, please feel free to contact me at 651- 234 -7773. Sincerely, Sharon LeMay, Metro State Aid An Equal Opportunity Employer 0 0 0 56 RESOLUTION NO. 2016 -43 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate delivery of transportation services and maximize the efficient delivery of such services at all levels of government. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT WHEREAS, MnDOT and local governments are authorized by Minnesota Statues sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the Mayor and City Manager are hereby authorized and directed to execute such contract and any amendments thereto. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Columbia Heights without further approval by this Council. ORDER OF COUNCIL Passed this 25th day of April, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secreta 57 MnDOT Agreement # 1002065 STATE OF MINNESOTA AND CITY OF COLUMBIA HEIGHTS MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the "State" and the City of Columbia Heights, acting through its City Council, hereinafter referred to as the "Local Government." Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes. §§ 15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to snake arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a "road authority" as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.3.9, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. Minn. Stat. § 174.02, subd. 6, authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation - related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a "Work Order" contracts. 7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terns that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. Page 1 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 58 MnDOT Agreement # 1002065 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terins of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully- executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2. Technical Services 2.1. Technical Services include repetitive low -cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Govermnent without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2.1.1.Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an infonnal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perfonn the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to perfornance of the services, the State will charge the Local Government the State's then - current rate for performing the Technical Services. The then - current rate may include the State's normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 59 MnDOT Agreement # 1002065 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. § 16C.08, subd. 1, professional /technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, enviromnental documentation, right -of -way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional /technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous hill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be perfonned by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be perfonned by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man -made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be perfonned by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully- executed work order in place. If work commences without a fully- executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific Page 3 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 60 MnDOT Agreement # 1002065 project /engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.2. The work order will also identify specific deliverables required, and tiinefraines for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The party requesting the work will be referred to as the "Requesting Party" and the party performing the work will be referred to as the "Providing Party." Each work order will set forth particular requirements for that project /engagement. 4.1. Terms Applicable to ALL Work Orders. The terns in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to snake any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and /or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State's option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non - payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terns of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all pen-nits and sanctions that may be required for the proper and lawful performance of the work. Page 4 of 14 CM Master Partnership Contract (CM Rev. 10'05,2015) 61 MnDOT Agreement # 1002065 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State - approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de -icing and anti -icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right -of -way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and ]must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights /anti - discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally - assisted contracts 4.3.7. Unless otherwise agreed in a Work Order, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction pen-nits. 4.3.8. The Providing Party may approve ]minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right -of -way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being perfonned in a safe, proper and skillful manner, or if the contractor is violating the terns of any law, regulation, or permit applicable to the work. The State will have no Page 5 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 62 MnDOT Agreement # 1002065 liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terns of all permits issued for the project including, but not limited to, NPDES and other environmental permits. 4.3.12.4 All improvements constructed on the State's right -of -way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly detennine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and /or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the perfonnance of project work under a work order contract, time is of the essence. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary labor additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $50,000.00. Page 6 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 63 MnDOT Agreement # 1002065 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will snake prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will snake payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1002065 and Invoice Number # # # # ## Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terns of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or perfonned in violation of federal or state law. Page 7 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 64 MnDOT Agreement # 1002065 9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this ]vaster contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. § 11513.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property Page 8 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 65 MnDOT Agreement # 1002065 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty -free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subd.s of the state of Minnesota and to transportation- related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is )made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and /or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action Page 9 of 14 CM Master Parmership Contract (CM Rev. 10/05/2015) 66 MnDOT Agreement # 1002065 The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affinnative action plan for the employment of ]minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full -time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400 - 5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full -time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ( "Commissioner ") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400 - 5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400 - 5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non - compliance. The specific criteria for approval or rejection of an affirnative action plan are contained in various provisions of Minn. R. Parts 5000.3400 - 5000.3600 including, but not limited to, parts 5000.3420 - 5000.3500 and 5000.3552 - 5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affinnative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirnative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Page 10 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 67 MnDOT Agreement # 1002065 Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor inust notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terns of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400 - 5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. § 15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors Page 11 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 68 MnDOT Agreement # 1002065 The parties must snake prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one -half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or tenninated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all honey due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terns or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily perfonned. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, detennined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Tennination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is tenninated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the Page 12 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 69 MnDOT Agreement # 1002065 payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terns of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank — signature page follows] Page 13 of 14 CM Master Partnership Contract (CM Rev. 10/0512015) 70 LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: Title: Date: By: Title Date: MnDOT Agreement # Title Date: Date: Page 14 of 14 1002065 COMMISSIONER OF TRANSPORTATION (with delegated authority) Division Director COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division CM Master Partnership Contract (Chi Rev. 10/05 /2015) 71 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016 -44 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2016 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1600 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: / BY /DATE: Kevin Hansen / April 19, 2016 r BY /DATE: ' , BACKGROUND: Staff prepared specifications for the Annual Miscellaneous Concrete Repair Program to replace /install concrete throughout the city. Plans and specifications were advertised for bids in the Focus on April 8, 2016 and electronically through Quest Construction Data Network. Five contractors requested a copy of the bidding documents. Three bids were received and publicly read aloud at the April 19, 2016 bid opening. A copy of the bid opening minutes is attached. ANALYSIS /CONCLUSIONS: The low bid was submitted by Create Construction of Maple Grove, Minnesota, in the amount of $29,679.50. The unit prices are lower than the Engineer's Estimate and about 35% lower than last year. Staff contacted the Contractor's references and received good reviews. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk, alley and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks. STAFF RECOMMENDATION: Based upon the bids received, Create Construction of Maple Grove, Minnesota is the low, qualified, responsible bidder. Staff is recommending award of the bid to Create Construction. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -44, there being ample copies available to the public. Move to adopt Resolution 2015 -44 being a Resolution accepting bids and awarding the 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, to Create Construction, based upon their low, qualified, responsible bid in the amount of $29,679.50 from Fund 415 - 61500 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): Resolution 2016 -44 Bid Opening Minutes 72 RESOLUTION NO. 2016 -44 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1600, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Create Construction $ 29,679.50 New Look Contracting, Inc. $ 56,984.00 Sunram Construction, Inc. $ 86,733.50 It appears that Create Construction, 18517 100th Avenue N., Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Mayor and City Manager are hereby authorized and directed to enter into a contract with Create Construction in the name of the City of Columbia Heights, for the 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, for a bid amount of $29,679.50 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to retain the deposit of the successful bidder and the next lowest bidder until the contract has been signed. City Project No. 1600 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. ORDER OF COUNCIL Passed this 25th day of April, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secreta 73 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, April 19, 2016, 2:00 p.m. 2016 Miscellaneous Concrete Repairs and Installations City Project 1600 Pursuant to an advertisement for bids for 2016 Miscellaneous Concrete Repairs and Installations, City Project 1600, an administrative meeting was held on April 19, 2016 at 2:00 p.m. for the purpose of bid opening. Attending the meeting was: Kevin Hansen, City Engineer Sue Schmidtbauer, Public Works Secretary Ryan Sunram, Sunram Construction Bids were opened and read aloud as follows: Bidder Base Bid Create Construction $ 29,679.50 New Look Contracting, Inc. $ 56,984.00 Sunram Construction, Inc. $ 86,733.50 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 74 t C� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Gambling Permit, Athletic Boosters, All America City Fundraiser, May 20, 2016 DEPARTMENT: Police CITY MANAGER'S APPR VAL: BY /DATE: Scott Nadeau /April 21, 2016k BY /DATE: BACKGROUND: The Columbia Heights Athletic Boosters have submitted a request for a gambling permit for bingo and a raffle at the All America City fundraiser scheduled to be held at the Public Safety Building on May 20, 2016. STAFF RECOMMENDATION: The Athletic Boosters have previously been granted a permit to conduct charitable gambling activities. This application would allow them to conduct off -site gambling (bingo and raffle) at the Public Safety Building during this fundraising event. The following action is recommended. RECOMMENDED MOTION(S): 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 the Columbia Heights Athletic Boosters to conduct bingo and a raffle at the May 20 fundraiser at the Public Safety Building in support of the City's All America City application. Furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. ATTACHMENTS: Gambling permit application 75 16 -40 Boosters gambling letter for May20 event V April 21, 2016 City of Columbia Heights Mr. Walt Fehst 530 Mill Street NE Columbia Heights, MN 55421 Dear Mr. Fehst, mbia Heights Athletic Boo 530 Mill Street N. E. Columbia Heights, MN 55421 As you are aware, the Columbia Heights Athletic Boosters have been asked to participate in the fundraiser event on May 20, 2016 regarding the city award ceremony in Denver, CO. The Columbia Heights Athletic Boosters would like to help with this fundraiser by raising funds for the youth that will be attending this event. In doing so, the CHAB will operate a raffle and bingo at the Columbia Heights Public Safety Building. Attached you will find the Application to Conduct Off -Site Gambling that must be signed by the Lessor at the bottom of page one (in this case, because it is a City Building, Mayor Peterson, or the Chief of Police, or the Fire Chief can sign), and it also must have City Council approval on the top of page two. Please contact me if you have any questions regarding this matter. 1 look forward to hearing from you and working with the City of Columbia Heights on this event that is sure to be a success? Sincerely, Suzy Vescio, Gambling Manager Columbia Heights Athletic Boosters 76 MINNESOTA LAWFUL GAMBLING 6 115 Page 1 of 2 L.G230 Application to Conduct Off -Site Gambling No Fee ORGANIZATION INFORMATION Organization Name: Columbia Heights Athletic Boosters License Number: 02072 Address: 630 Mill Street NE City: Columbia Heights , MN Zip: 55421 Gambling Manager Name: Suzy Vescio Daytime Phone: 763 -706 -3743 Chief Executive Officer (CEO) Name: Kevin Gilbertson Daytime Phone: 612-209-0854 GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. From 05 / 20 / 16 to Check the type of games that will be conducted: Raffle ❑ Puil -Tabs Bingo ❑Tipboards Paddlewheel GAMBLING PREMISES 1 Name of location where gambling activity will be conducted: e'iw'ylr t-ti JiWvlf" PROI C S -4 �1__ P)k,,Lj 1"64 Street address and City (or township): _ s75 r11�� G � ( ] Zip: c)� > ( County: A _ • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy, 63 on County Road 42). Does your organization own the gambling premises? 7Yes If yes, a lease is not required. El No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a tease agreement is not required for raffles) Rent to be paid for the leased area: $ 0 _ (if none, write "0 ") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: All gambling operations will be run by the Columbia Heights Athletic Boosters, with the help of volunteers, and overseen by the Gambling Manager. Lessor's Signature: Date: Print Lessor's Name: CONTINUE TO PAGE 2 77 LG230 Application to Conduct Off -Site Gambling r'ltS Da 7of9 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: Columbia Heights County Name: Date Approved by City Council: Date Approved by County Board: Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes.) Signature of City Personnel: Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG2005 Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as state this app'c 'onF Signature of CEO (must be CEO's signature; designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Suite 300 South Questions? Contact a Licensing Specialist at 651- 539 -1900. 1711 West County Road B Roseville, MN 55113 Fax: 651- 639 -4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply private data about your organization are available to: Board members, this Information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the Information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; Individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public, and anyone with your written consent, an squat Upportunity Employer 78 C,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7I MEETING DATE APRIL 25 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: April 20, 2016 BY /Date: / BACKGROUND /ANALYSIS Attached is the business license agenda for the April 25, 2016 Council meeting. This agenda consists of applications for 2016 Contractor Licenses. 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 April 20, 2016 as presented. 79 Apr 25, 2016 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL April 25, 2016 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2016 BLDG B & B Plumbing Inc 25593 109th St NW, Zimmerman $60 *Swenson Htg 12723 320th Ave, Princeton $60 *Dave Perkins Cont 19745 Nowthen Bled, Ramsey $60 Signs by RSG 5060 Highway 10, Ramsey $60 80 Page 2 C9 O N LO N L Q LL O Z W W 75 J_ U z O U H z W Q LL) 0 W U z Q z LL Q O N W z z_ 2 LL O LLI Q U) PM kIN O z Q LL O H z Z) O U CO F- 2 O W 2 m 2 Z) J O U LL O U Y U a) t U C W > O U m Q E U O (n a) a) a) a) L cn U 0 U U a) co O N ti N N d' a) f6 U) m O N N c _c .,r a) U C fa 0 U U ca cu a) O WE c O 0 ce) M O L Nr co O r EA O C O E m m c O r O c O 00 O O a) a) C a) E E 0 U a) L L a) L f6 C C 2 W Q In G Z) J O U LL O U a) 0 O) m U) a) O f0 U (6 O a) a) O c O c c6 a) c E m x m c m a) m ca N a) � 0 U � a) cu A� n W L O H N 00 U) W * + * ; r CD a4 w w * co o a U ?+ H k p� N k k O k H O a oo -k * U 00 -Y U > t 4 I -x ko Ga CO P: -X �' 10 OOO -x i; -ri0 un w - a > O (n Haa H C7 C7 K H U a �o a o k k H 0 N C� '� 71 75 � r 5 7� 04 + a p u u H H u )a u u sa u u u u U) «. x .J�x4Jx 4CVV4J4J.C� K , H ? * 0 0 0 0 x U m z z O>1 u z � x 0 q oo -P zzzz* o O U x U o x * z z z z* w x o s4 U FC FC FC * N N k Y \ }J a' C O U -k W W W W* N F u) 14 C' a v a a -. aaaa O + 1, o + 4J (0 i< C 0 0 x C 0 U ti * U WLn -x 4-) U . . . . . . . . 0 w 040 El .. * x .H a . . . . . . o v Ln -* -* H W U U a U U 0 4-) q H D C O a •ri ?) 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Lv I :4 0.1 U a U I Wz EU W4+i-1H WHWWD14 DW WEr102PDX a W I U :z rt U) I zFC CFC 0.1 El Ox a s rx a E�i: w o 0 E3z H r14 P+ Z M W 4 FC I � W r1 r.GO QEH5400FC4H99WWEH Z W 0 4 4 Hl U I x 4 Q I (9a Wcnr-4 g. r4 9UUruUS��U:U),a3U)UW HNUH44 r.� Wx z I U r-� H\ W xW N Q ❑ I FC �' ^•4 I x FC U)\ ',z z I HHCNO H to w in O(n O H NM d' of H N. H to O O M -v r E Z z I Z E U w D D I 00 o d•kD l0 vHN M cn 00000 in Ln O O N M w w w O FC FC I FC, O <C) Ga ru 1 rI N NNNNNM T v' �o Io to l9 101010 [- [- rO W w E Q I 0.1 E 00 00 C� COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8A MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER RITEM: First reading of Ordinance No. 1626, being and Ordinance amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL:f BY /DATE: Elizabeth Holmbeck, April 15, 2016 BY /DATE: - . Ll 2/, � Z A ��/ BACKGROUND: This past November, the City Council voted to approve Emergency Interim Ordinance No. 1622, imposing a moratorium on all auto related uses throughout the City of Columbia Heights for 6 months (180 days). The moratorium was approved to allow for City staff to study the need for changes to the City's Zoning Code as it relates to auto uses. Staff is proposing Ordinance No. 1626, which includes changes to the City's Zoning Code that would restrict where auto uses can locate, define motor vehicle parts stores, include motorcycle related uses, and require a minimum lot size for new development. The proposed Ordinance would disallow any new auto uses in the Central Business Zoning District and require that any new auto related development (excluding motor vehicle parts stores) be located on a lot with a minimum size of one acre in all other applicable districts. The proposed Ordinance requires two public hearing readings to be held on April 25th, 2016 and May 9th, 2016. Below I have a brief summary of each of the sections in the proposed Ordinance. In the attached Ordinance No. 1626, the proposed changes are underlined and highlighted in red. Section 1: (9.103 Definitions) Creates a definition for motor vehicle parts stores and disallows the use to locate in the Central Business Zoning District. Section 2: (9.107 Specific Development Standards) • Requires that any new automobile convenience facility be located on a minimum of one acre in applicable districts. • Motorcycle repair is added to the major and minor automobile repair, specific development standards. • Automobile and motorcycle repair must be located on a minimum of one acre of land. • Motorcycle sales and rental is added to the new and used automobile sales /rental specific development standards. • Automobile and motorcycle sales and rental uses must be located on a minimum of one acre of land. Section 3: (9.110 Commercial Districts) • Motorcycle repair is added as a permitted use in the General Business Zoning District. • Motor vehicle parts stores are added as a permitted use in the General Business Zoning District. • Motorcycle sales and rental (new and used) is added as a Conditional Use in the General Business Zoning District. • New minor automobile repair is disallowed in the Central Business Zoning District. 89 April 25th, 2016 City Council Meeting City of Columbia Heights - Council Letter Page 2 Section 4: (9.111 Industrial Districts) • Motorcycle repair major and minor, is added as a permitted use in the Light Industrial Zoning District. • Motor vehicle parts stores are added as a permitted use in the Light Industrial Zoning District. • Motorcycle repair major and minor, is added as a permitted use in the General Industrial Zoning District. • Motor vehicle parts stores are added as a permitted use in the General Industrial Zoning District. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance No. 1626 on first consideration. RECOMMENDED MOTION(S): Motion: Waive the reading of Ordinance No. 1626, there being ample copies available to the public. Motion: Move to establish the second reading of Ordinance No. 1626, amending City Code of 2005 relating to automotive related uses within the City of Columbia Heights, for Monday, May 9th, 2016 at approximately 7:00pm in the Council Chambers of Columbia Heights City Hall. ATTACHMENTS: 1. Ordinance No. 1626 2. Zoning Map 90 ORDINANCE NO. 1626 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO AUTOMOTIVE RELATED USES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: § 9.103 DEFINITIONS. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: MOTOR VEHICLE PARTS STORE. Any building or premise used for the purpose of selling and storing any component, product or system of an automobile, motorcycle or truck vehicle. SECTION 2: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. § 9.107 (3) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) Automobile convenience facility. (a) The use shall be served by a major collector or higher functional classification of roadway. (b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) The storage of inoperable vehicles on the site is prohibited. (d) The sale or repair of vehicles shall be prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. (g) Wherever fuel pumps are installed, pump islands shall be installed. (h) A transportation management plan shall be submitted to address off - street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. 91 (i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor- tight fittings to eliminate the escape of gas vapors. (k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. (1) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right -of -way line on collector roadways and no less than 80 feet from the intersecting right -of -way line on arterial roadways. (n) All new Automobile Convenience Facilities must be located on a minimum of one acre of land. § 9.107 (4) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (4) Automobile and motorcycle repair, major. (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited. 92 (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor - tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new Maior Automobile and Motorcycle Repair facilities must be located on a inimum of one acre of land. § 9.107 (5) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (5) Automobile and motorcycle repair, minor. (a) All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. 93 (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor - tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. All new Minor Automobile and Motorcycle Repair facilities must be located on a minimum of one acre of land. § 9.107 (6) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (6) Automobile and motorcycle sales /rental, new. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display for used cars and motorcycles shall be limited to 30% of the total outdoor display area for a new car or motorcycle dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off - street parking spaces needed for the public and employees. (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right -of -way are prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (f) Outdoor vehicle display shall be within a designated area that is hard - surfaced. 94 (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. (j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor - tight fittings to eliminate the escape of gas vapors. All new Automobile and Motorcycle Sales /Rental (new) facilities must be located on a minimum of one acre of land. § 9.107 (7) City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (7) Automobile and motorcycle sales /rental, used. (a) The use shall be served by a major collector or higher classification or roadway. (b) An open -aired used auto, motorcycle and truck sales or rental lot as a stand -alone business is prohibited. (c) Used automobiles and motorcycles may be sold or rented as a stand -alone business if the business if the used automobiles, motorcycles and associated businesses are contained within a building. (d) Used automobiles and motorcycles may not be sold accessory to businesses other than new car and motorcycle dealerships. (e) Outdoor vehicle display areas within the public right -of -way are prohibited. 95 (f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights -of -way. (g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. All new Automobile and Motorcycle Sales /Rental, (used) facilities must be located on a minimum of one acre of land. SECTION 3 § 9.110 COMMERCIAL DISTRICTS Chapter 9.110, (E) (2), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Community center. (b) Government office. (c) Government protective service facility. (d) Public park and /or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing /visual /martial arts. (i) Auditorium /place of assembly. (j) Automobile convenience facility. 96 (k) Automobile and motorcycle repair, minor. (1) Banquet hall. (m) Billiards hall. (n) Bowling alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Day care facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop /deli). (v) Food service, full service (restaurant /nightclub). (w) Funeral home. (x) Greenhouse /garden center. (y) Health or fitness club. (z) Hotel /motel. (a a) Laboratory, medical. (bb) Liquor store, off -sale. (cc) Museum or gallery. (d d) Office. (ee) Retail sales. (ff) Service, professional. (gg) Shopping center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (11) Motor vehicle parts store. Chapter 9.110, (E) (3), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile and motorcycle sales /rental, new. (d) Automobile and motorcycle sales, used (in building). (e) Recreational vehicle sales, new. (f) Recreational vehicle sales, used (in building). (g) Firearms dealer /shooting range. 97 (h) Hospital. (i) Outdoor sales or display. (j) Outdoor storage. (k) Parking ramp. (1) Assembly, manufacturing and /or processing. (m) Printing and /or publishing. (n) Consignment /secondhand store. (o) Club or lodge. (p) Currency exchange. (q) Pawnshop. (r) Drop -in facility. (s) Fences greater than six feet in height. (t) Animal kennel and /or shelter. (u) Precious metal dealerships. Chapter 9.110, (F) (3) (c), City Code of 2005, as it currently reads, is hereby amended as follows: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. {c4 Autemebile , (d) Outdoor sales and /or display. (e) Outdoor storage. (f) Parking ramp. (g) Club or lodge. (h) Fences greater than six feet in height. Chapter 9.110, (F) (3), City Code of 2005, shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. 98 (b) Arcade. (c) Outdoor sales and /or display. (d) Outdoor storage. (e) Parking ramp. (f) Club or lodge. (g) Fences greater than six feet in height. SECTION 4: § 9.111 INDUSTRIAL DISTRICTS Chapter 9, Article I, Section 9.111 (D) (2), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the 1 -1, Light Industrial District: (a) Community center. (b) Government office. (c) Government maintenance facility. (d) Government protective service facility. (e) Public park and /or playground. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) Automobile and motorcycle repair, major. (i) Automobile and motorcycle repair, minor. (j) Laboratory, medical. (k) Office. (1) Studio, radio or television. (m) Assembly, manufacturing and /or processing. (n) Freight terminal. (o) Maintenance facility. (p) Office /showroom. (q) Office /warehouse. (r) Printing and /or publishing. (s) Self- service storage facility. (t) Warehousing and /or distribution. (u) Pawnshops. (v) Tattoo shops. (w) Body piercing shops. (x) Motor vehicle parts store. 99 Chapter 9.111, (E) (2), City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the 1 -2, General Industrial District: (a) Community center. (b) Government office. (c) Government maintenance facility. (d) Government protective service facility. (e) Public park and /or playground. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) Automobile and motorcycle repair, major. (i) Automobile and motorcycle repair, minor. (j) Laboratory, medical. (k) Office. (1) Studio, radio or television. (m) Assembly, manufacturing and /or processing. (n) Freight terminal. (o) Maintenance facility. (p) Office /showroom. (q) Office /warehouse. (r) Printing and /or publishing. (s) Self- service storage facility. (t) Warehousing and /or distribution. (u) Pawnshops. (v) Tattoo shops. (w) Body piercing shops. (x ) Motor vehicle parts store. 100 SECTION 5: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 101 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8B MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Adopt Resolution for Revocation DEPARTMENT: Fire CITY MANAGER'S APP OVAL:f BY /DATE: Gary Gorman BY /DATE: STAFF RECOMMENDATION: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental property at: 2016 -39 -4744 4th Street NE for failure to meet the requirements of the Property Maintenance Codes. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Number 2016 -39 being ample copies available to the public. Move to adopt Resolution Number 2016 -39, 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. ATTACHMENTS: 2016 -39— Council Resolution — Council Resolution —No License on 4744 4th Street 103 RESOLUTION NO. 2016 -39 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Kenneth L. Pritchett, Jr. (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4744 4th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 8, 2016, of a public hearing to be held on April 25, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 8, 2016, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 18, 2016, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Failure to submit to inspection, submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F- 4744 -4 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 104 City of Columbia Heights - Council Resolution Page 2 Passed this day of , 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 105 b CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8C MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Consideration of Resolution No. 2016 -41; Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties 4237 Quincy St NE DEPARTMENT: Fire CITY MANAGER' APP OVAL: BY /DATE: Gary Gorman BY /DATE: c A � ,f Declaration of a nuisance and abatement of violations within the ity of Columbia Heights is requested regarding properties at: 4237 Quincy St NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Number 2016 -41, there being ample copies available to the public. Move to adopt Resolution Number 2016 -41, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. ATTACHMENTS: Resolution No. 2016 -41 Photos: 3 -3 -2016 3 -10 -2016 3 -21 -2016 106 RESOLUTION 2016 -41 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ben Jacobson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4237 Quincy St N.E. , Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 10, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 3, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 10, 2016 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on March 21, 2016 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Miscellaneous outside storage, garbage and/or debris throughout property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4237 Quincy St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, 107 occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4237 Quincy St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2016 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 108 - -- ----- N� ----------'------- ---- ------ --- I 109 IV J 110 IFK- �A Te. 0--0--3 2016 03 03 2016 O "3 03 20 1 Ei 03• 0 =3 2016 03 03 2016 03 03 20 1 6 03 0 3 201 a 03 03 2016 0 3 03 20 1 6 03 03 20 1 6 t - 0.3• 03 2016 0`3- 03 2016 112 I /Affiew", 113 0 rr A • a. a 115 loss at :ITS e� Sam 1 1 _ Ila a 0337 O 20 10 117 s 1' i 117 i W "., ON 1 118 119 CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 9A MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM: Second Reading of Ordinance 1627, Conveyance of Certain Real Property to the EDA DEPARTMENT: Community Development CITY MANAGER'S PPROVAL: A , BY /DATE: Keith M Dahl, April 15, 2016 BY /DATE: /V-1 BACKGROUND: September 2015, the Columbia Heights Economic Development Authority (EDA) established the Single Family Home Lot Sales Program. To date in January and March, the EDA approved resolution 2016 -03 and 2016 -06, authorizing the approval of purchase and redevelopment agreements with Tollberg Homes for six residential lots as followed: 4600 Polk Street NE 4606 Polk Street NE 4618 Polk Street NE 4636 Polk Street NE 4648 Polk Street NE 4641 Tyler Street N E As of April 2016, Tollberg Homes has paid an earnest deposit of $2,000 for all six residential lots. However, the EDA attorney, Martha Ingram at Kennedy — Graven, noticed that City records indicate that the City, not the EDA is the fee owner of 4618 Polk Street NE. In order for the EDA to convey 4618 Polk Street NE to Tollberg Homes, the City of Columbia Heights needs to authorize Ordinance 1627 conveying 4618 Polk Street NE from the City of Columbia Heights to the Columbia Heights Economic Development Authority. Ordinance 1627 conveys 4618 Polk Street NE to the EDA. The City Charter requires land transactions be done in the form of an Ordinance Amendment. The first reading was held on April 11, 2016. STAFF RECOMMENDATION: Staff recommends approving Ordinance 1627. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1627, there being ample copies available to the public. Motion: Move to adopt Ordinance No. 1627, being an ordinance authorizing the conveyance of certain real property located at 4618 Polk Street. ATTACHMENTS: 1. Ordinance 1627 2. Quit Claim Deed City of Columbia Heights - City Council Letter 120 ORDINANCE NO. 1627 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BY THE CITY OF COLUMBIA HEIGHTS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 4618 POLK STREET NE. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 4618 Polk Street NE: Sheffields Second Subdivision, City of Columbia Heights Lot 11 and North 10 feet of Lot 12, Block 2, Sheffields 2nd Subdivision SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 11, 2016 Offered by: Williams Seconded by: Murzyn, Jr. Roll Call: All Ayes Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Ordinance No. 1627 121 Quit Claim Deed Deed Tax Due: $1.65 Consideration for this transfer is less than $500.00. ECRV:NA Date: FOR VALUABLE CONSIDERATION, City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of Minnesota, Grantee, real property in Anoka County, Minnesota, described as follows: Lot 11, and the North 10 feet of Lot 12, Block 2, Sheffield's Second Subdivision. Cheek here if part or all of the land is Registered (Torrens) 0 together with all hereditaments and appurtenances. El The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ 1 ain familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 478154v1 CBR CL205 -61 CITY OF COLUMBIA HEIGHTS By Gary Peterson Its Mayor By Walter Fehst Its City Manager 122 STATE OF MINNESOTA ss.: COUNTY OF ANOKA The foregoing was acknowledged before me this day of , 2016, by Gary Peterson and Walter Fehst, the mayor and city manager, respectively, of the City of Columbia, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation, Grantor. NOTARY STAMP This instrument was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 478154v1 CBR CL205 -61 SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements should be sent to: Columbia Heights Economic Development Authority 590 40th Avenue NE Columbia Heights, MN 55421 123 CH COLUMBIA HEIGHTS AGENDA SECTION BID CONSIDERATION ITEM NO. 9B MEETING DATE APRIL 25, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016 -45 ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2016 STREET REHABILITATION ZONE 2 AND STATE AID STREET OVERLAY PROJECT, CITY PROJECTS 1602 ANY 1605 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / April 20, 2016 BY /DATE: 2 Z/4 BACKGROUND: A Public Improvement Hearing for the 2016 Street Rehabilitation and 2016 State Aid Street Overlay was held on February 1, 2016 and March 7, 2016, respectively. The City Council ordered improvements for the following local and state aid streets: 1. 43rd Avenue, Reservoir Boulevard to Arthur Street 2. 41St Avenue, Reservoir Boulevard to Stinson Boulevard 3. Jefferson Street, 401h Avenue to 44th Avenue Plans and specifications were prepared and advertised for bids in the Sun Focus on March 25, 2016 and electronically through Quest Construction Data Network. Twenty -nine contractors or suppliers requested copies of the bidding documents. Seven bids were received and publicly read aloud at the April 21, 2016 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. ANALYSIS /CONCLUSIONS: Midwest Asphalt Corporation submitted the low base bid in the amount of $663,433.80. Approximately $63,930 separated the next bidder from the low bidder on the base bid. The overall project cost is consistent with the Engineer's Estimate presented at the Improvement Hearings. Alternate bids were received for residential construction on private property for concrete and bituminous construction. Staff is recommending accepting Alternate 1. Alternate 1 provides unit pricing for private residential concrete driveway or sidewalk construction as has been done in previous street rehabilitation projects. STAFF RECOMMENDATION: Based upon the low bid from Midwest Asphalt Corporation, staff is recommending contract award of the base bid with Alternate 1. The funding sources are a combination of assessments, state aid fund, and utility funds as shown below: Assessment /State Aid Funds: $ 558,085 Sanitary Fund: $ 26,065 Storm Fund: $ 77,620 General Fund: $ 1,665 The work includes: PARTIAL STREET RECONSTRUCTION 1. 43rd Avenue, Reservoir Boulevard to Arthur Street 124 City of Columbia Heights - Council Letter STREET MILL AND OVERLAY 1. 41St Avenue, Reservoir Boulevard to Stinson Boulevard 2. Jefferson Street, 40th Avenue to 44th Avenue MISCELLANEOUS CONSTRUCTION 1. Catch basin replacement at 40th Avenue and Jackson Street and Van Buren Street 2. Cross gutter construction on Monroe Street at 49th Avenue 3. Minor mill and overlay repair at Silver Lake Beach parking lot Page 2 RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2016 -45, there being ample copies available to the public. Move to adopt Resolution 2016 -45 being a resolution accepting bids and awarding the 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay Program, City Project Numbers 1602 and 1605, including Alternate 1 for unit priced private construction, to Midwest Asphalt Corporation of Hopkins, Minnesota based upon their low, qualified, responsible bid in the amount of $667,238.80 with funds to be appropriated from Fund 415 - 51602 -5185 and 415 - 51605 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): Resolution 2016 -45 Bid Opening Minutes 125 RESOLUTION NO. 2016 -45 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 1602, 2016 Street Rehabilitation Zone 2 and City Project No. 1605, State Aid Street Overlay, seven bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Base Bid Alternate 1 Base Bid with Alternate 1 Midwest Asphalt Corporation $ 663,433.80 $ 3,805.00 $ 667,238.80 Northwest Asphalt, Inc. $ 727,363.18 $ 4,712.50 $ 732,075.68 Park Construction $ 739,824.31 $ 9,060.50 $ 748,884.81 Bituminous Roadways $ 742,229.20 $ 6,714.00 $ 748,943.20 North Valley, Inc. $ 786,447.82 $ 2,281.95 $ 788,729.77 Hardrives, Inc. $ 806,185.23 $ 5,937.00 $ 812,122.23 C.S. McCrossan $ 955,327.80 $ 8,075.00 $ 963,402.80 It appears that Midwest Asphalt Corporation of Hopkins, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Mayor and City Manager are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation in the name of the City of Columbia Heights, for 2016 Street Rehabilitation Zone 2 and State Aid Overlay, City Project Nos. 1602 and 1605, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Projects 1602 and 1605 shall be funded with Assessment /State Aid, Sanitary Sewer, Storm Sewer, and General Funds. ORDER OF COUNCII Passed this 25th day of April, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 126 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, April 21, 2016, 10:00 a.m. 2016 Street Rehabilitation and 2016 State Aid Street Overlay City Projects 1602 and 1065 Pursuant to an advertisement for bids for 2016 Street Rehabilitation and 2016 State Aid Street Overlay, City Projects 1602 and 1605, an administrative meeting was held on April 21, 2016 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Kevin Hansen, City Engineer Sue Schmidtbauer, Public Works Secretary Brandt Sylvestre, Midwest Asphalt Corporation Bruce Carlson, Park Construction Rodney Piemann, North Valley, Inc. Dan Hall, Hardrives Corey McCrossan, C.S. McCrossan Steve Makela, Bituminous Roadways Al Plummer, Northwest Asphalt Bids were opened and read aloud as follows: Bidder Base Bid Alternate 1 Base Bid with Alternate 1 Midwest Asphalt Corporation $ 663,433.80 $ 3,805.00 $ 667,238.80 Northwest Asphalt, Inc. $ 727,363.18 $ 4,712.50 $ 732,075.68 Park Construction $ 739,824.31 $ 9,060.50 $ 748,884.81 Bituminous Roadways $ 742,229.20 $ 6,714.00 $ 748,943.20 North Valley, Inc. $ 786,447.82 $ 2,281.95 $ 788,729.77 Hardrives, Inc. $ 806,185.23 $ 5,937.00 $ 812,122.23 C.S. McCrossan $ 955,327.80 $ 8,075.00 $ 963,402.80 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 127