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HomeMy WebLinkAbout10-23-2017 CCPColumbia Heights M-America City 2016 1. CALL TO ORDER /ROLL CALL (~.,I COLUMBIA Mayor VV`` 71 HEIGHTS Donna Schmitt 0 Councilmembers www.columbiaheightsmn.gov Robert Williams John Murzyn, Jr. AGENDA Connie Buesgens Nick Novitsky CITY COUNCIL MEETING City Manager CITY HALL - COUNCIL CHAMBERS Walter R. Fehst 590 401h AVE NE MONDAY, OCTOBER 23, 2017 7:00 PM 2. INVOCATION - Invocation provided by Michelene Verlautz, St Timothy 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible manner. 5. APPROVAL OF 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 Northeast Bank 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 October 9, 2017 pg 5 MOTION: Move to approve the minutes of the Police Dept Listening Sessions, October 5, 2017 pg 17 MOTION: Move to approve the minutes of the City Council Work Session, October 2, 2017 pg 19 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the EDA minutes from September 5, 2017 pg 23 C. Approve Resolution 2017 -108 Amending 2017 Budget (re Transfer of Funds) pg 29 MOTION: Motion to waive the reading of Resolution No. 2017 -108, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -108 being a Resolution amending the 2017 budget to use certain additional revenue. D. Authorize a School Liaison Contract with Columbia Heights School District pg 31 MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1 through December 31, 2018. E. Resolution 2017 -109 adopting a Data Retention Schedule for the CH Police Department pg 48 MOTION: Motion to waive the reading of Resolution No. 2017 -109, being a resolution adopting a Data Retention Schedule for the Columbia Heights Police Department, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -109 being a Resolution adopting a Data Retention Schedule for the Columbia Heights Police Department. F. Approve Cooperative Agreement regarding Public Safety related to 2018 NFL Super pg 59 Bowl Security MOTION: Move to authorize the Mayor and City Manager to enter into a cooperative agreement with the City of Minneapolis regarding public safety related to 2018 National Football League Super Bowl Security. G. First Amendment to the JPA with the City of St. Anthony for Stinson Boulevard pg 87 MOTION: Move to approve Amendment 1 in the amount of $52,729 for modifications to the traffic signals on 37th and 39th Avenues. H. Adopt Resolution 2017 -112, ordering pg 91 p g preparation of a report for MSAS Overlay MOTION: Move to waive the reading of Resolution 2017 -112, there being ample copies available for the public. MOTION: Move to adopt Resolution 2017 -112, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1805. I. Adopt Resolution 2017 -113, ordering preparation of a report for Zone 2 Seal Coat pg 93 MOTION: Move to waive the reading of Resolution 2017 -113, there being ample copies available for the public. MOTION: Move to adopt Resolution 2017 -113, being a Resolution ordering preparation of a feasibility report for Zone 2 Street Seal Coat Program, Project 1701 J. Final Payment for Sanitary Sewer Lining, Project 1604 pg 95 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1604, and to authorize final payment of $9,925.33 to Visu- Sewer, Inc. of Pewaukee, Wisconsin. K. Approve Off —Site Gambling Permits, Columbia Heights Athletic Boosters pg 97 MOTION: Move to waive the reading of Resolution 2017 -110 there being ample copies available for the public. MOTION: Move to adopt Resolution 2017 -110, being a Resolution approving the Off -Sale Gambling permit for Columbia Heights Athletic Boosters to conduct a raffle at the Taste of Columbia Heights 2 citywide event being held November 17, 2017 at Murzyn Hall. L. Consideration of approval of attached list of rental housing applications. pg 102 MOTION: Move to approve the items listed for rental housing license applications for October 23 2017, in that they have met the requirements of the Property Maintenance Code. M. Approve Business License Applications pg 110 MOTION: Move to approve the items as listed on the business license agenda for October 9, 2017. N. Payment of Bills pg 112 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 167759 through 167927 in the amount of $1,076,267.89. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Adopt Resolutions for Emergency Abatement pg 120 MOTION: Move to close the public hearing and to waive the reading of Resolutions 2017 -104, 2017- 111, and 2017 -114 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2017 -104, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. MOTION: Move to adopt Resolution Number 2017 -111, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. MOTION: Move to adopt Resolution Number 2017 -114, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. B. Consideration of revocation of the licenses to operate rental units within the City pg 124 of Columbia Heights is requested against the rental properties at 3810 Jackson Street NE, 4323 Washington Street NE, and 4906 Tyler 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 Numbers 2017- 105, 2017 -106, and 2017 -107, being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2017 -105, 2017 -106, and 2017 -107, 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. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions pg 131 a. Refuse and Recycling Proposals: Acceptance of Proposals and Authorizing Award of Contract MOTION: Move to accept the proposals for Refuse, Recycling and Yard Waste Services from Waste Management of Minnesota, based upon their low, qualified, responsible bid and, furthermore, direct staff to prepare a 5 -year contract for the base bid, and accept alternate for organics and for bulk recycling and authorize the Mayor and City Manager for the same. B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. 12. ADJOURNMENT Joe Kebiber, Acting City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno(@columbiaheightsmn.gov, to make arrangements. 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 9, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday October 9, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:12 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr. and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Gary Gorman; Fire Chief, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager, Joe Kloiber; Finance Director and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Rachel James, First Lutheran 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt. Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. S. APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation recognizing ME Global Inc. for 1001h Anniversary Mayor Schmitt read the proclamation, and announced she will be presenting it to the Company at a reception on October 11, 2017. B. Polish American Heritage Month Councilmember Buesgens read the proclamation, and it was presented to Gloria Bergstrom and Edward Sikorski. 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 September 25, 2017 MOTION: Move to approve the minutes of the City Council Assessment Hearings, October 2, 2017 City Council Minutes October 9, 2017 Page 2 of 12 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning Commission meeting minutes from September 6, 2017 MOTION: Move to accept the Library Board meeting minutes from September 6, 2017 C. Second Reading of Ordinance 1642, Conveyance of Certain Real Property to the EDA MOTION: Move to waive the reading of Ordinance No. 1642, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1642, being an ordinance authorizing the conveyance of certain real property located at 4201 Jefferson Street NE. D. Contract #2017 -2799 Change Order MOTION: Move to approve the change order request submitted by Kamish Excavating for the additional costs incurred from the excavation and disposal of the transite asbestos piping in the amount of $1,019.00. E. Approve Actions of the Columbia Heights Volunteer Firefighters Relief Association MOTION: Move to approve the changes to the Columbia Heights Volunteer Firefighters Relief Association Bylaws, Compensation Policy, and Investment Policy as approved by the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees and general membership. F. Approve Gambling Permits, Immaculate Conception Church 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 event being held November 19, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held March 18, 2018 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. G. Resolution 2017 -103 amending the Budget for City Project 1609 and Authorizing Purchase Agreements to Furnish and Equip the Circle Terrace Park Building. MOTION: Move to waive the reading of Resolution 2017 -103, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -103, amending the budget for City Project 1609 and authorizing purchase agreements to furnish and equip the Circle Terrace Park Building. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 9, 2017. I. 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 167578 through 167758 in the amount of $1,331,413.88 0 City Council Minutes October 9, 2017 Page 3 of 12 Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the Consent Agenda items as presented. All Ayes, Motion carried. 8. PUBLIC HEARINGS A. Adopt Resolution For Emergency Abatement Fire Chief Gary Gorman explained this was an emergency abatement, and the property has been boarded up and secured. Motion by Councilmember Williams seconded by Councilmember Novitsky to close the public hearing and to waive the reading of Resolution Number 2017 -98, being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to Adopt Resolution Number 2017 -98, being declarations of nuisance and emergency abatement of violations within the City Council of the City of Columbia Heights regarding property 4329 Main St. N.E. All Ayes, Motion Carried. B. Consideration of Resolution No. 2017 -90 approving a Site Plan for the properties located at 1069 Grandview Way & 4729 Grand Avenue NE. Community Development Director Joe Hogeboom reported the Planning & Zoning Commission received the application this summer, and considered it at their September 6th meeting. The item was tabled at that time, and the developer was asked to make some modifications to the plan. The modified plan included two apartment buildings; a three story building with 60 units and a four story building with 88 units. This would bring the density to 29.96 per acre; under the 30 unit per acre requirement. A waiver is requested to reduce the minimum width of the development's parking lot drive aisles to 20 feet. This modified site plan was considered at the October 3rd Planning & Zoning meeting; where it was approved with 15 conditions. Councilmember Williams indicated he was waiting for the Grand Central Lofts Condo Association and the Developer to come to an agreement. Williams indicated a Memorandum of Understanding was signed by both parties. Williams said this development will benefit the schools and the city. Motion by Councilmember Williams, seconded by Councilmember Buesgens to waive the reading of Resolution No. 2017 -90 there being ample copies available to the public. All Ayes, Motion Carried. Owen Metz, representing Dominium reported this development would be their second in the City, the first being the Legends; a 55 and over community. Metz stated they have had multiple meetings, and have adjusted their proposal from over 200 units to 148 units. Metz indicated this proposal would meet the Comprehensive Plan goals. Metz shared some details from the 2003 approved plans when the site was being developed; noting 132 units (256 bedrooms) were proposed. Councilmember Murzyn, Jr. expressed concern with the increase in 3 bedroom units, potentially causing more parking issues. Metz stated the additional bedrooms will likely be occupied by children. It was also noted that if there are multiple adults, they may not meet the household income limits. Income limits were reported as $38,000 annually for an individual and a family of four is $54,000 (60% AMI.) Mayor Schmitt announced the Public Hearing guidelines, reminding the group to be respectful, to limit conversation, and to refrain from cheering and clapping. City Council Minutes October 9, 2017 Page 4 of 12 Tom Kurak -1070 Grandview Ct. reported condo owners were told that additional condo buildings would be constructed, which would contribute to the association costs. Kurak stated the comp plan calls for an increase in home ownership, and this site could be used for potential home ownership. Kurak indicated there has been some confusion in the size of the entire site, noting that easements decrease the site from the original 15 to 10.1 acres. Paul Biernat -1070 Grandview Ct. is a member of the Board of Directors indicated the Memorandum of Understanding was signed as a safety precaution, stating that it would offer some protection if the project goes forward. Biernet stated the association feels the City Council and City Staff are anti homeowners. Biernat said this is a prime site for home ownership, and there are condo developers interested in the site. Mayor Schmitt asked how many of the 67 condo units are owner occupied. Biernat indicated there are about 19 units being rented. Thomas Radio (law firm of Felhaber Larson, P.A.) -220 South Sixth St., Minneapolis is an attorney representing the Homeowners Association, and individual homeowners. Radio told the council their decision must be made on complete factual information, and expressed concern with the discrepancy in the size of the site. Radio also stated there is nothing unique or superior to transit or biking access. Denial was suggested because the proposal is too dense, there is not enough parking, and it could diminish the expectation of the neighboring property owners. City Attorney Jim Hoeft stated the density is based on five acres, there is no legal question, and the nature of the easement is irrelevant. KT Jacobs -4104 Monroe St. expressed concern with the addition of rental units considering the numerous issues with current rental properties within the city. Jacobs suggested the Council work to bring viable businesses to Central Ave. Dennis Shelsted -1070 Grandview Ct. commented that he is opposed to the project because of density, parking concerns and the fact that Dominium does not want to be a part of the association. John Ricker -1070 Grandview Ct. questioned why there are no other options, and indicated he was told at the time he purchased his condo, owner occupied units would be built on the site. Elizabeth Herrmann -950 39th Ave. NE stated she does not understand the opposition to renters, saying they will have an immediate community if the project proceeds. Ms. Herrmann reported her current building has seven units, and four vehicles. She feels Dominium has done a good job addressing the concerns of the community, and thinks the request should be approved. Meghan Strunk -1070 Grandview Ct. indicated she is an architect, and shared her opinion that Dominium has not taken any of the requirements into consideration. She expressed concern with the revised drawings with inaccurate calculations. She suggested the request not be approved. Katherine Pepple -4649 Polk St. stated the council has been working to promote home ownership, and expressed concern with bringing a large rental property into the city. She referenced various complexes in the metro that have become run down. DeAundres Wilson -4802 Grandview Ct. indicated that the Memorandum of Understanding was not presented 8 City Council Minutes October 9, 2017 Page 5 of 12 to the Master Board Association. He clarified that the MOU was signed by Dominium and Paul Biernat, who represents the Condo Association. The three members of the Master Board do not endorse the MOU. Wilson expressed concern with parking and the decrease in home values. He requested the Council deny the application. Ramona Anderson -4132 Stinson Blvd. questioned how many times Dominium has accepted housing choice vouchers to subsidize rentals. Anderson asked why they have both a minimum and maximum income range. She requested the Council deny the application. Mr. Metz stated he would respond to the questions following public comment. Allen Ciesynski -4856 Jefferson St. NE questioned why Dominium is requesting a TIFF credit along with a Section 42 credit. He requested the Council deny the application. Jane Halek -4602 Fillmore St. expressed her support for the condo owners. She suggested the council look for other options. She feels there are too many rentals along 47th Ave. already. Sean Broom -4117 5th St. NE stated his opinion that this is a really good opportunity for the City. Broom indicated there are currently no places like this in Columbia Heights. He indicated it is not the place of the Council to dictate rental verses home ownership. Broom stated the project meets the Comp Plan requirement for dense housing. Frost Simula -1700 49th Ave. indicated there have been many comments suggesting other alternatives be explored. He noted the site has been vacant for a long time, and there has not been interest from others. He stated Dominium has listened to the feedback from the community, and requested Council approve the request. Tony Bodway -1070 Grandview Ct. expressed concern with the parking of guests, as well as residents. He indicated when he purchased his home they were promised some things that have not been delivered. John Bush -1070 Grandview Ct. expressed concern with access to the buildings, noting there is just one entrance and one exit. Mr. Bush suggested a traffic study be completed to see if this is feasible. He also stated it seems unfair to sell the easements, as they were already sold. Bush indicated there is conflict between the four associations, causing trouble for sellers, and worries about bringing another group into the mix. Mr. Bush said he thinks the project is too large for the site. Mr. Bush questioned the $45,000,000 in TIF being used for the project. Manager Fehst clarified that the gap financing would be borrowed by the developer, and a fee would be paid to the City. The fee and the park dedication fee would amount to about $800,000. James Ericson -1070 Grandview Ct. indicated he has lived in Columbia Heights all his life, and is currently renting a condo at Grand Central. He stated he as renter, cares about the community, and has been a dedicated citizen. Ericson requested the council approve the request. Karen Karkula -4858 Grandview Ct. NE stated the city council owes it to the residents who invested in Grand Central to look for alternatives for that parcel. Joe Schluender -4034 Monroe stated that while he understands the concerns of the condo owners, he is favor of the request; indicating the council is responsible to look out for the interest of the City overall. 9 City Council Minutes October 9, 2017 Page 6 of 12 Otto Lausten- Former Columbia Heights Resident, spoke highly of the community of Columbia Heights, and reported there are advantages to both points of view. Michael Strunk -1070 Grandview Ct. commented that the homeowners are invested in the community, and want what is fair. He expressed concern with the density, the traffic and parking. He indicated the only reason the Memorandum of Understanding was signed, was because it offered some protection. Mike Novitsky -5252 5th St. NE expressed concern with overnight parking. He also questioned if dense housing was required to have four stories. Concern was expressed with additional rental units, stating that Columbia Heights is over 50% rental housing. Amada Simula -1700 49th Ave. NE indicated she has spoken to many families currently renting, who hope to buy a home in Heights in the future. Kevin Lovgren -1070 Grandview Ct. requested the council represent the people of the city. Lovgren expressed concern with pedestrian safety of the children in the area. Mary Granlund -949 44th Ave. NE reported the pedestrian /traffic issues along 49th Ave. are already being reviewed. She invited Mr. Lovgren and any others interested to the next meeting of the group "Citizens for Safer Streets ". Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to close the Public Hearing. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to take a five minute recess. The council recessed at 9:42 PM. The council reconvened at 9:51 PM. Owen Metz compared the site plan with the 2003 submittal, indicating they are still under the 20 units per acre as allowed. Metz indicated the site has been on the market for 1,000 days, there has not been interest in developing condos. The Met Council considers a bus line within % mile to be transit friendly; this site is 200 feet from a bus line. Dominium will invest a great deal in the apartments, and will not be neglectful landlords. There are measures in place to assure compliance. Metz indicated they plan to continue to work with the Condo Association, as detailed in the MOU. Metz addressed the questions raised during the Public Hearing. Metz explained Section 8 vouchers are a rental subsidy from HUD, issued directly to the resident. The resident is then required to search for an apartment which accepts vouchers. Of Dominium's 725 units in the metro, there are six voucher holders currently. Metz explained the voucher program is a timely process, and typically units turn over quickly. The Section 42 tax credit was explained as a tax credit the government issues to assist with construction costs; not a rental subsidy. Keith Dahl, Economic Development Manager explained there two types of financing with the project. The Section 42 tax credit and tax exempt bonds. The bonds are not tax payer dollars, and Dominium will be paying that back over the course of the bonds life. ice City Council Minutes October 9, 2017 Page 7 of 12 Metz explained guest parking spots will be signed, and closely monitored. In regards to the access question; a third entrance to the development will be added Councilmember Williams asked for the breakdown of parking stalls. Metz indicated they have slightly over 1.5 stalls per unit. Williams asked if they are sharing roads with Grand Central. Metz outlined the proposed access plans, indicating they will be sharing in the costs. Williams asked if there will be any businesses permitted. Metz replied there will not commercial businesses; some residents may work from home. Councilmember Buesgens reported she represents homeowners and the renters in the city. We currently have 35.4% rental in the City with a historically low vacancy rate of 2.7 %. Rents are skyrocketing as a result. Buesgens looked at 24 apartment buildings the city; 18 are full. Rents range from $900 -$1200 in old buildings. She stated that Renters in the city deserve safe well maintained and well managed places to live. This would be the first (non- senior) apartment building built in the city in 40 -60 years. Buesgens stated she is responsible to increase the tax base. This project will bring in park dedication fees, permit fees, and tax exempt bond issuance fees; totaling between $700,000 - $952,000. Buesgens stated this fits the comp plan, the Metro Council requirements, and Green Step Cities. Buesgens stated the same concerns with parking and traffic would likely occur with condos. Buesgens said she sees this as a solid project with a respected developer that will set the expectation of multifamily management. Councilmember Novitsky stated he is concerned with the parking, the area is tight and he does not see it working. He would like to see the alternate projects if we are going to grant the variances. Jim Hoeft, City Attorney stated the density is considered as gross acreage, and setbacks, building heights, etc. need to be met. This development is within the parameters of the city code. Hoeft stated the disputes involving the associations are unfortunate, but are legally irrelevant and need not be considered in the decision making process. Community Development Director Joe Hogeboom explained the final step in the site plan approval will be a development agreement between the developer and the city. At the request of Mayor Schmitt, Keith Dahl explained TIF as a rebate program over the extended period of the TIF district. Property taxes in the district are frozen; in this case it will be a 12 year TIF district. Mayor Schmitt asked Mr. Metz about the minimum income requirements. Metz stated there is no legal minimum, as long as they can afford the rent. Metz indicated there is a proposed $75 fee for an underground parking stall. Other residents can get parking permits, as well as overnight guests (temporary permit.) Metz said he does not foresee any problems with parking. Metz also described the various security measures planned. Mayor Schmitt asked for clarification on the number of condos currently be rented, and if anyone owns multiple units. Tom Kurak indicated he owns nine of the nineteen units being rented. Motion by Councilmember Buesgens, seconded by Councilmember Schmitt to approve Resolution 2017 -90, being a resolution approving the Site Plan of the properties located at 1069 Grandview Way and 4729 Grand Avenue NE, subject to certain conditions of approval. 3 Ayes, 2 Nays, Motion Carried, Ayes: Schmitt, Buesgens, and Williams. Nays: Murzyn, Jr. and Novitsky. 01 City Council Minutes October 9, 2017 Page 8 of 12 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens reported she attended the League of Minnesota Cities, Improving Local Economy Committee meeting, The Police /Council Academy and Citizens for Safer Street meeting. Councilmember Williams attended the board meeting at Heights Manor, there are numerous issues of concern there. Councilmember Novitsky announced a SACA fundraiser will be held at Community Grounds on October 12th Mayor Schmitt attended Citizens for Safer Streets, and St. Matthew Music of the Night. She attended the graduation of Darry Jones and Troy Vaughn from the Police Pathways Program. Darry Jones will be sworn in on Wednesday, October 18th at 4:00 PM. City Manager Walt Fehst announced a luncheon is scheduled for October 10th at Murzyn Hall hosted by M.E. Global, Inc. 11. CITIZENS FORUM Amada Simula -1700 49th Ave. NE invited the public to attend "Stories in our Neighborhood" event. This is the second of three events. This event is hosted by HeightsNEXT and First Lutheran Church. HeightsNEXT is partnering with the Lions Club for a cleanup event on October 21St. A haunted house is planned for October 30th at Murzyn Hall. 12. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion carried, Motion Carried. Meeting adjourned at 10:52 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 12 City Council Minutes October 9, 2017 Page 9 of 12 RESOLUTION NO 2017 -90 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for the properties located 1069 Grandview Way and 4729 Grand Avenue NE. Whereas, a proposal (Case # 2017 -0901) has been submitted by Owen Metz, on behalf of Dominium Development & Acquisitions, LLC to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 1069 Grandview Way and 4729 Grand Avenue NE. Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval to allow for the development of two multi- family apartment homes to be located at 1069 Grandview Way and 4729 Grand Avenue NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on October 3`d, 2017. Whereas, the City Council has held a public hearing as required by the City's Zoning Code, on October 9th, 2017. Whereas, the Planning and Zoning Commission and City Council 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, be it resolved, 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: 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. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. d. 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 permit. 13 City Council Minutes October 9, 2017 Page 10 of 12 CONDITIONS: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29th, 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47th Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building Code. 5. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6. The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30th, 2017, from the Director of Public Works /City Engineer, 7. 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. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north /south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29th, 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. RESOLUTION NO 2017 -98 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. 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: 14 City Council Minutes October 9, 2017 Page 11 of 12 FINDINGS OF FACT 1. That on September 22, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on September 22, 2017 the Fire Chief ordered that Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. RESOLUTION NO 2017 -103 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the budget for City Project 1609, and authorizing purchase agreements to furnish and equip the Circle Terrace Park building. Whereas, the City has contracted with Anoka County to perform a federal grant for the construction of a building shell within Circle Terrace Park, designated as City Project 1609; and Whereas, the City Council desires to adequately furnish and equip this building for its intended public purposes; and Whereas, expenditures for these purposes meet the external and internal restrictions on certain fund balances of the City listed below, and these fund balances are sufficient in amount to fund this nonfederal portion of Project 1609; and Whereas, these expenditures and use of fund balance were not included in the initial budget for Project 1609 within the Parks Capital Fund 412, nor in any subsequent amendments to that project budget; and Whereas, one of several requirements of the City's purchasing policy is that vendor purchase agreements for items not - for - resale over $15,000 be authorized by the City Council; and Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: 15 City Council Minutes October 9, 2017 Page 12 of 12 ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the budget for City Project 1609 is amended to add the project revenues and expenditures listed in Exhibit A below, and that City Manager is authorized to negotiate and execute all necessary purchase agreements with the respective vendors listed for those expenditures. IT IS HEREBY FURTHER RESOLVED, that, to the extent any vendor in Exhibit A below is not able to provide the indicated goods or services at the terms proposed, the City Manager is authorized to award that agreement to an alternate responsible vendor, subject to the City's purchasing policy. ORDINANCE 1642 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 4201 JEFFERSON 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: 4201 Jefferson Street NE: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the recorded plat thereof. 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. Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL October 5, 2017 6:30 PM Columbia Heights Public Safety Building Training Room Police Chief Listening Session The meeting was called to order at 6:33 PM Present: Mayor Schmitt, Councilmembers Murzyn, Jr., Buesgens and Novitsky Also Present: Jason Nihart, Hashim Abdullahi, Dale Sorenson, Beth O'Brien, Ibrahim Farah, Jason Piehn, Paul Bonesteel, Jerry wellman, Erik Hanson, Bill Monberg, Jackie Urbaniak, Jake Hilden, Mohammed Farah, Zahra Almosawi Mayor Schmitt asked a series of questions, and discussion was held. Meeting Adjourned at 7:36 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 17 Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL October 5, 2017 7:30 PM Columbia Heights Public Safety Building Training Room Police Chief Listening Session The meeting was called to order at 7:40 PM Present: Mayor Schmitt, Councilmembers Murzyn, Jr., Buesgens and Novitsky Also Present: Justin Pletcher. Matt Markham, Karen Olson, Andrew Museus, and Ted Fischer, Mayor Schmitt asked a series of questions, and discussion was held. Meeting Adjourned at 8:40 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: October 2, 2017 Time of Meeting: 7:00 PM Location of Meeting: Conference Room #1 Purpose of Meeting: WORKSESSION CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:00 PM Present: Mayor Schmitt, Councilmembers Williams, Murzyn Jr., Buesgens and Novitsky Also Present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, Joe Kloiber; Finance Director, Joe Hogeboom; Community Development Director, Keith Windschitl; Recreation Director, Renee Dougherty; Library Director, Jason Schulz; Liquor Operations Manager and Katie Bruno; City Clerk The following HeightsNEXT members were in attendance: Lisa Boatman, Nelle Bing, Michele Schluender, Eric Penniston, Amada Simula and Frost Simula. 1. HeightsNEXrs HeightsFEST discussion Community Development Director Joe Hogeboom reported he was contacted by Lisa Boatman, a representative of HeightsNext regarding a proposal for HeightsFEST. At this point, he would like to get feedback from the council prior to proceeding. Lisa Boatman indicated HeightsFEST would consist of a weekly community festival, including fresh produce, prepared food items, educational programming as well as various themed events. The group is still working out details, including day and location; they hope to begin in May 2018. The council agreed they think this would be great addition to the community. Hogeboom indicated a formal request will be presented to the council in the next couple of months. 2. 2018 Budget Discussion Finance Director Joe Kloiber gave an overview of the detailed department budget books, commenting that they have a great level of detail, more that the final adopted budget will have. Recreation Keith Windschitl, Recreation Director reported the 2018 Recreation Budget has a 2.79% increase. Significant changes include increases to IS services, STEP increases and wage adjustments. There were a couple of expenses that came up after the initial budget was prepared; the upgrade to a color newsletter and the addition of a part -time Recreation Coordinator. Windschitl stated he anticipates sharing the additional costs through multiple departments. Finance Director Kloiber reported many departments will see increases in IS services. The internal service charge for IS services has been frozen since 2015, while the allocation between user departments has changed. Mayor Schmitt questioned the cost for the Jamboree Softball Tournament. Windschitl reported $1700 is brought in; expenses are close to that amount. Councilmember Novitsky indicated the player's families participate in the carnival and other jamboree events. Councilmember Williams asked about the use of the Hylander Center. Windschitl indicated seniors are using it during the day, and after school programs are very well attended. Mayor Schmitt suggested there may some change in usage due to the newly opened Planet Fitness. m City Council Worksession October 2, 2017 Page 2 of 4 Community Development Joe Hogeboom, Community Development Director explained there are three areas in the Community Development Budget; Building Safety, Planning & Zoning, and Economic Development. Hogeboom indicated an increase in personnel costs; noting most of the Community Development Staff are moving through the Step program. IS costs have also increased, as explained earlier. Hogeboom indicated a temporary building inspector may be necessary depending on building permit activity. Revenue from permits would cover the costs. Hogeboom stated that the department looks for free or reduced cost training opportunities when possible. Library Renee Dougherty, Library Director reported the Library has seen great growth in all areas since the opening of the new library in 2016. The 2018 library budget includes an 8%2% increase, with % of that being personnel services. Two of the six full -time staff received market rate increases. Thirteen of nineteen part -time staff received market rate adjustments in 2017, not included in the 2017 budget, it is in the 2018 proposed budget. Staff has been reduced from 9.75 FTE to 8.7 in 2018. Other increase include utilities, maintenance contracts and IS support. The electricity costs are the greatest, although the equipment is efficient, it is also complex. The new building carries various additional costs including; sprinkler systems, weed control, drive -up book drop, self- checkout and security costs. Administration Katie Bruno, City Clerk reported the Mayor /Council Budget decreased by $2,100. A COLA adjustment allowance was removed, as well as decrease in PERA contributions and insurance. There is an increase in Other Services, we joined Metro Cities for a cost of $4,100. Mayor Schmitt questioned if there is money to cover a laptop as she requested? Bourgeois indicated that she has contacted the IS administrator and it will be funded from the 2017 budget. Bruno reported the City Clerk Budget varies from year to year, because of elections. The contract amount for Election Equipment was adjusted; this was underfunded in the past couple of years. Other increases include additional updates to the City Code and document destruction service. Mayor Schmitt indicated that as we prepare to move to a new building in the future, it is essential that we begin the process of sorting out what we have. An increase in personnel costs is proposed, in order to provide for a wage adjustment for Election Judges. Finance Director Joe Kloiber indicated the process has changed for Election Night, requiring more responsibility on the part of the judges. In past years up to sixteen city staff members would be asked to assist with the closing of the polls. Kelli Bourgeis indicated a primary increase in the City Manager's Budget is for the hiring of a Communications position, funding will be split between the City Manager's Budget and the Cable Budget. Other increases include IS services, Safety Training, Employee Recognition, and $15,000 in contingencies. Mayor Schmitt questioned how strong the need for a communication staff person is. Bourgeois indicated it was identified as a goal by the council in their 2017 strategic planning, and the decision is the Council's. Bourgeois stated there are numerous occasions when the need of a communications specialist is mentioned. Duties may include overall communication, website management, cable program, and various other duties. Schmitt questioned how the salary was established. Bourgeois stated a general salary comparison was completed by the communications audit group, noting it could be less than proposed. Mayor Schmitt stated she has done some research, and similar positions are posted at a 20 City Council Worksession October 2, 2017 Page 3 of 4 lower salary. Councilmember Buesgens stated she has no issue with the budget increase, and hopes to hire a good qualified communications person. Schmitt expressed concern with the heavy workload being expected from one person. Manager Walt Fehst stated they will carefully analyze the position, and compensate accordingly. Fehst also asked the council for their assurance that they want to move forward with this position. Bourgeois stated if the council chooses to retain the part -time cable producer for 2018, she could get $5,200 from the salary of the Communication Coordinator. Councilmember Buesgens stated she thinks it would be best to hire a Communications Coordinator, and let that person determine if they need additional staff based on their workload. Mayor Schmitt stated her concern is with the new person coming in and not being familiar with the equipment. Bourgeois agreed that training will be necessary; either by current staff or our consultant. Councilmember Murzyn, Jr. said he trusts Bourgeois' judgment and recommendations. Councilmember Buesgens recommended keeping the salary at the level proposed, with the expectation of keeping the second position for a training period. Bourgeois stated the part -time position will remain in the budget for a training period of three months. The Communications Coordinator can determine the need for additional staff based on workload. Assessing: Bourgeois stated a quote from a private company was received for assessing. Given the history and service level with Anoka County, it was decided to stay with the County. Legal Services: Bourgeois indicated there in an increase of $1,000 in "Attorney fee - other." This is used for labor negotiations, arbitration and some HR issues. Bourgeois indicated a cost comparison study will likely be completed in the coming months. Liquor Finance Director Joe Kloiber reported the operating costs of the three stores have increased just over 5 %, the majority of that is personnel costs due to Sunday staffing. Other increases include increase in electricity. Kloiber reported the stores have implemented a perpetual inventory system; this has been a huge step in inventory control. Mayor Schmitt asked if there are plans for remodeling Store #3. Jason Schulz stated he sees potential for Store #3, and would like to bring ideas to the council in early 2018. Mayor Schmitt requested clarification on the 2016 profits. Kloiber indicated it was 25% gross profit, which was reported to the Sun Focus as required by state law. Schmitt commented that refinancing the bonds was a good idea. The council took a recess from 9:48 until 9:53. Finance IS Finance: Director Kloiber reported the majority of the 4.4% increase is in staffing, including COLA increases, AFSME adjustments, differential in family insurance, and some employees are receiving Step increases. Credit card fees have increased by $7,000 21 City Council Worksession October 2, 2017 Page 4 of 4 Mayor Schmitt asked if we have done a bid for credit card processing. Kloiber indicated we have multiple agreements; Liquor Stores and Recreation are reviewed regularly. The 3rd agreement; including utility billing and permits and licenses has not been reviewed recently. Kloiber indicated the large portion of the fee (interchange fee) is not negotiable. Information Services: Kloiber explained the shift in cost for departments, indicating the user charges will need to increase in 2019. The IS staff have had significant market adjustments to their salaries in 2017 and 2018. Kloiber reported that the department has budgeted $60,000 for a new storage system. Mayor Schmitt commented that the Community Room at the Library has frequent technical issues. Kloiber is aware of the issues, and because there is not a dedicated Audio Visual staff member it is challenging. Manager Fehst indicated this is a valid concern, and we are looking for solutions. Adjournment Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to adjourn the meeting. Meeting Adjourned at 10:20 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 22 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF SEPTEMBER 5, 2017 The meeting was called to order at 6:30 pm by President Marlaine Szurek. Members Present: Murzyn, Herringer, Schmitt, Williams, Novitsky, Buesgens, and Szurek Staff Present: Walt Fehst, Keith Dahl, JosephHogeboom, and Shelley Hanson (Assistant Secretary) PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve minutes of August 7, 2017 2. Approve Financial Report and Payment of Bills for July, 2017 — Resolution 2017 -26 Questions from members: Herringer asked what the payment was for to Independent Realty Mortgage for $5,000 (on page 24 of the report). Dahl explained this was the earnest money for the purchase of 3841 Central Avenue which was then applied to the purchase price at the closing. Motion by Williams, seconded by Schmitt, to approve the Minutes of August 7, 2017, and the Financial Report and Payment of Bills for July, 2017 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-26 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of July 2017 and the Payment of the Bills for the Month of July 2017. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and 23 WHEREAS, the financial statement for the month of July 2017 has been reviewed by the EDA Commission; and EDA Minutes Page 2 Sept 5, 2017 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 5th day of September , 2017 Offered by: Williams Seconded by: Schmitt Roll Call: All ayes BUSINESS ITEMS 1. EDA Budget and Tax Levy Dahl explained that on September 5, 2017, the proposed budget of fiscal year 2018 will be distributed to the City Council after the work session meeting. Before the City Council conducts their first review of the proposed budget later this fall however, the Columbia Heights Economic Development Authority (the "EDA ") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA ") are required to adopt fund budgets for Fund 201: Planning & Inspections and Fund 204: EDA Administration, and to authorize their respective 2017 tax levies, payable in 2018. Therefore, this report presents the information and the necessary actions required for consideration by EDA Commission Members before the City Council begins to review the proposed budget. 24 EDA Minutes Page 3 Sept 5, 2017 Included in the report are proposed fund budgets of Fund 201 and Fund 204 for the fiscal year 2018. Both fund budgets are administered by the Community Development Department, and have therefore been incorporated into the departments overall budget for 2018. The EDA however, does not retain any authority over Fund 201, but since the EDA annually transfers a nominal amount of funds from Fund 204 to it, the EDA has historically reviewed and approved it along with Fund 204. The Community Development Department is comprised of three departments; Economic Development, Planning, and Building Safety. And of those three departments, the EDA administers a portion of all of their general operational and administrative expenses. Whereas, the majority of these expenses are obtained through zoning application fees and building permit costs collected throughout the fiscal year. Overall, the proposed fund budgets are balanced, with funds specifically dedicated to maintain existing projects and initiatives, as well as allocating and repurposing funds for new programs that reflect the priorities of the EDA, such as the Commercial Revitalization Project. Both proposed fund budgets account for increased revenues and expenses. Fund 201 incorporates a revenue increase of 7.2% and an expense increase of 6.1 % whereas; Fund 204 incorporates a revenue increase of 33.7% and an expense increase of 32.6 %. These increases are due to several factors, such as the recovering market values of properties throughout the City, positional salary increases based on living wage adjustments, increased project costs and expenses, but also the recent increase of the 2017 EDA levy for taxes payable in 2018. The EDA effectively has two separate tax levies after the City Council granted the EDA certain HRA powers in 1996. One tax levy is administered by the City under Minnesota Statutes, Section 469.107 on behalf of the EDA (the "EDA Levy ") and the other is a special benefit tax levy administered by the EDA under Minnesota Statutes, Section 469.033 on behalf of the HRA (the "HRA Levy "). The proposed fund budgets reflect both levies at their respective statutory caps of 0.01813 and 0.0185 of the City's estimated market value. The EDA Levy would capture $220,100 from the City's estimated market land value; whereas the HRA Levy would net $224,592. And together, both levies would result in a total net revenue of $444,692 in 2018. Staff recommends approval of Resolution 2017 -27 and Resolution 2017 -28 as presented. Questions from Members: Szurek questioned why there is still a need for a HRA budget. Dahl explained that we are required to keep an HRA Board in place due to the payment arrangements that were made for the sale of Parkview Villa. The HRA is required to meet once or twice a year until the obligation is finalized, so there is staff time and operational expenses that occur because of this. Herringer asked about the format of the budget information that was provided. He noted that the Department column had proposed amounts listed and there weren't any proposed amounts under the Manager's column. He questioned if the Dept. head determines the budget or whether the Manager ever makes changes to the amounts proposed by the Dept. head. Fehst explained that he has already reviewed this budget with the Dept. Head and the amounts listed are set according to the limitations of available revenues. He said changes /cuts are made to department budgets when necessary, but it is generally done before presentation to the Board or City Council. Schmitt asked about the amount listed for employee expenses for Webmaster activity. She thought that expense would be part of the budget for the new person as part of the Administration Dept. Dahl said the new Communications Coordinator position will take over the majority of the website work, but there is still a need for someone from our department to submit information regarding building inspections, planning, and development projects to that new person. The amount listed is to cover the expenses for that portion of the employee's duties within the department. 25 EDA Minutes Page 4 Sept 5, 2017 Schmitt then asked if the budget included funding for an intern position. Hogeboom said it is not usually included. He said if the workload increases, so does the revenue, and he would then seek a budget amendment to cover an additional position, if deemed appropriate. Motion by Buesgens, seconded by Williams, to waive the reading of Resolutions 2017 -27, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Buesgens, seconded by Williams, to adopt Resolution 2017 -27, a resolution of the Columbia Heights Economic Development Authority, adopting a budget for the fiscal year of 2018 and setting the 2017 tax levy, payable in 2018. Motion by Buesgens, seconded by Murzyn, to waive the reading of Resolutions 2017 -28, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Novitsky, to adopt Resolution 2017 -28, a resolution of the Columbia Heights Economic Development Authority, adopting a budget for the fiscal year of 2018 and authorizing a special benefit tax levy, payable in 2018. RESOLUTION NO. 2017-27 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, ADOPTING A BUDGET FOR THE FISCAL YEAR OF 2018 AND SETTING THE 2017 TAX LEVY, PAYABLE IN 2018. BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the "EDA ") as follows: WHEREAS, the City of Columbia Heights (the "City ") established the EDA by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the City Council of the City has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, under Section 469.107 of the EDA Act, the City is authorized to levy a tax for the benefit of the EDA on its area of operation for the purposes authorized under the EDA Act, subject to the approval of the City Council. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Economic Development Authority, that the EDA adopts and requests the City Council's approval of its budget in the amount of $448,242 for 2018; and BE IT FURTHER RESOLVED, that the EDA adopts and requests the City Council's approval of its tax levy in the amount of $220,100 for taxes payable in 2018; and BE IT FURTHER RESOLVED, that the Executive Director is instructed to transmit a copy of this resolution to the City Manager, Finance Director, and City Clerk of the City of Columbia Heights, Minnesota. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY this day of , 2017 Iffered by: econded by: .oll Call: 26 EDA Minutes Page 5 Sept 5, 2017 RESOLUTION NO. 2017 -28 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, ADOPTING A BUDGET FOR THE FISCAL YEAR OF 2018 AND AUTHORIZING A SPECIAL BENEFIT TAX LEVY, PAYABLE IN 2018. BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the "EDA ") as follows: WHEREAS, the City of Columbia Heights (the "City ") established the EDA by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the City Council granted the EDA all powers and duties of a housing and redevelopment authority by an enabling resolution and ordinance adopted on October 22, 2001, pursuant to Minnesota Statutes 469.001 to 469.047 (the "HRA Act "), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA "); and WHEREAS, under Section 469.033 of the HRA Act, the EDA and HRA, are authorized to levy a special benefit tax, in an amount not to exceed .0185 percent of the City's estimated market value (the "HRA Levy "); and WHEREAS, the EDA desires to maintain its HRA Levy at the amount of .0185 percent of the City's estimated market value as authorized by the HRA Act; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for the fiscal year of 2018; and WHEREAS, the EDA has before it for consideration a copy of its budget for the fiscal year of 2018, and the amount of the HRA Levy, payable in 2018 shall be based on said budget. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Economic Development Authority, that the EDA hereby adopts and requests the City Council approve its budget in the amount of $448,242 for 2018, and such budget includes the amount the EDA requests to be levied by the City under Section 469.107 of the EDA Act, and the EDA under Section 469.033, of the HRA Act; and BE IT FURTHER RESOLVED, that the EDA hereby directs staff to file its budget with the City in accordance to Section 469.033 of the HRA Act, and take such actions necessary to levy and certify the HRA Levy in the amount of $224,592 for taxes payable in 2018. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this day of , 2017 Offered by: Seconded by: Roll Call: 27 EDA Minutes Page 6 Sept 5, 2017 OTHER BUSINESS: Commercial Revitalization Project -3841 Central Avenue Update Dahl passed out a memo regarding possible relocation of the house purchased at 3841 Central Avenue. It was purchased in early 2017 for $100,000. The owner then renovated it and we purchased it last month for $200,000. Staff believes the home could be moved to an empty lot in our City so that we could recoup some of the expenses we incurred obtaining the property. The building official will prepare a formal report but has noted that a full basement would need to be constructed to set the home on, and the stairs in the home would need to be reconfigured to meet code. Staff would also recommend constructing a double garage. He told members that the EDA currently owns 4641 Tyler St and 4201 Jefferson St and GMHC owns a lot at 3805 2nd St. Dahl stated he thought the 2nd Street lot would be the best option as it would fit the character of the neighborhood and would be the site that would be easiest to get to. The Jefferson St property could also work. Dahl told members that he has been in contact with GMHC and they are open to the idea of partnering with the City. They would take care of constructing the basement and garage, and they have companies they have worked with that would actually move the house. Dahl stated we may not get our entire investment back, but should be able to recoup the majority of the expenditure. Herringer asked if staff had looked at selling the home to someone else who would move it so we don't have to incur additional expenses. Fehst said we probably wouldn't get much for the house. Cities who have done this in the past usually sell the houses for a minimal amount (often times $1.00). Fehst said that staff will get information on both ideas and bring estimated costs back to the Board for consideration. Murzyn asked if we still own the property on 3rd Street near the Root property. He said maybe that would be a better site since we own the lot and wouldn't have to partner with GMHC. Hogeboom said it is an option, but that the City has been holding onto the lot until we know what will happen with the Root parcel. It could eventually be combined with the Root property to make it a more desirable site for redevelopment. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Assistant Secretary 28 CH COLUMBIA - HEIGHTS - AGENDA SECTION CONSENT AGENDA ITEM NO. 7C MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Resolution 2017 -108 Amending 2017 Budget (re Transfer of Funds) DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Interim Chief Lenny Austin /10 -17 -201 BY /DATE: CITY STRATEGY: N/A Additional Strategy? choose an item. SHORT TERM GOAL (IF APPLICABLE): choose an item. Additional Goal? choose an .i tec.- BACKGROUND: The Police Department has received payment for the following details at Columbia Heights Public Schools: $ 3,900 for traffic direction during the Summer Academy 1,48 for security details at CHHS Graduation $ 5,380 The P.D. has received a check in the amount of $2,000 from Anoka County for reimbursement of overtime for our officer in the Anoka Hennepin Drug Task Force. The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of OT incurred by officers. $2,000.00 for AHDTF OT The CHPD has been participating in the statewide Safe and Sober (Toward Zero Deaths or TZD) program. We received reimbursement from Coon Rapids, the agency coordinating the grant, for the overtime expended on that initiative in the following amount: $ 3,252.34 The total of these payments is $12,649.34. STAFF RECOMMENDATION: The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2017 Police Department Budget, Overtime Line item 1020, which requires a Resolution of the City Council. RECOMMENDED MOTION(S): MOTION: Motion to waive the reading of Resolution No. 2017 -108, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -108 being a Resolution amending the 2017 budget to use certain additional revenue. ATTACHMENTS: Resolution 2017 -108 29 RESOLUTION NO. 2017 -108 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source Amount CH School District $ 3,900.00 CH School District $ 1,480.00 Anoka County re DTF $ 2,000.00 Anoka County re TZD JIZ52.34 Tota 1 $12,649.34 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT 15 HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $12,649.34, Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 30 CH' COLUMBIA HEIGHTS - AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Authorize School Liaison Officer Contract with Columbia Heights School District DEPARTMENT: Police TY MANAGER'S APPROVAL: BY /DATE: Interim Chief Lenny Austin /10/17/2 7 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? Goose an. item. SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? Choose an item. BACKGROUND: For over 20 years, the City of Columbia Heights and the Columbia Heights School District have partnered on an agreement to fund a School Liaison Services program. The program continues to provide benefits to the School District and the Police Department and is an important part of our police /youth initiative. The School District shares expenses with the Police Department during the school year at the rate of one half of 9 /12ths of the cost of providing the officer at the high school and middle school. The School District's share for calendar year 2018, which includes wage, fringe and miscellaneous costs, is $49,791.83 for the high school officer and $49,115.63 for the middle school officer, totaling $98,907.46. The wage amounts are based on the 2018 officers' union agreement, and the miscellaneous costs in the agreement were calculated based on 2017 numbers, increased by two percent. The contract will be forwarded to the School District for School Board review /approval once it's approved by the City Council. Officer Jason Piehn is currently assigned as the High School Liaison Officer, and Officer Paul Bonesteel is now the Liaison Officer at the Middle School (Columbia Academy). In their role as Liaison Officers, they develop contacts with the students and staff at the schools that are invaluable in our investigation of juvenile crime. They are also excellent role models to students, and their interaction at the schools is an important link between law enforcement and the educational system. Connecting with community partners such as the School District to focus on youth issues is part of the department's Strategic Plan. STAFF RECOMMENDATION: It is the recommendation of the Interim Police Chief that this agreement be authorized. RECOMMENDED MOTION(S): MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1 through December 31, 2018, ATTACHMENTS: School Liaison Officer Contract 2018 31 SCHOOL LIAISON OFFICER PROGRAM January 1 through December 31, 2018 Columbia Heights Police Department and Columbia Heights Public Schools Prepared and .Submitted by., Interim Chief Lenny Austin October 18, 2017 32 TABLE OF CONTENTS Subject Page Mission, Goals and Primary Responsibilities of the SchoolLiaison Officer ................................................................. ..............................3 Objectives of the School Liaison Officer Position ................................ ..............................4 Position Description - School Liaison Officer Position: Accountability and Education Requirements ............................... ..............................6 Position Description - School Liaison Officer Position: Qualifications............................................................................... ..............................7 Major Areas of Accountability for the School Liaison Officer Posit ion ................................................... ..............................9 Guidelines for School Liaison Officer Position .................................... .............................11 Joint Powers Agreement ......................................... ............................... .....12 Cost Factor Breakdown: High School Liaison for 2018 ....................... .............................15 Cost Factor Breakdown: Middle School Liaison for 2018 ................... .............................16 33 MISSION, GOALS AND PRIMARY RESPONSIBILITIES OF THE SCHOOL LIAISON OFFICER Mission Statement: The School Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationship between youth, police, and other authority figures. Goals: To work with and through school administrators, counselors, teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime - free environment for students and staff: To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. To administer the D.A.R.E. (Drug Abuse Resistance Education) program in Columbia Heights Public Schools. Primary Responsibilities: The Scbool Liaison Officer shall function as a law enforcement officer within the school environment and under the direction. of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school administrators and parents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children, in both criminal and non - criminal matters to effectively solve criminal cases and build a basis for successful prosecution when warranted and /or make all appropriate dispositions of non - criminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney and /or City Prosecuting Attorney for complaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal and non - criminal acts that have come to the attention of the Department. Page 3 34 THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Objective #1: To provide a formal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and /or prevent juvenile gang activity and provide intelligence. C. Reduce the use of uniform officer intervention at school sites for response to school related service demands. d. Maintain community contact for: parents, students, neighborhoods, community organizations (PTA and other service providers) e. Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator #1: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or program successes. Objective #2: To provide the following services to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop: a. To coordinate and directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropriately to non - school related intelligence regarding gang activity. c. To reduce the number of calls responded to by uniform officers at school sites. Page 4 35 Indicator #2: Maintain adequate knowledge through review of daily reports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. Objective #3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective #4: Improvement and continual update of Liaison Program. Indicator #4: Yearly evaluations to be prepared by School Officials, Police Department and Liaison Officer for annual review and evaluation. Page 5 36 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Police Captain. Officers serving in the assignment may be removed at the discretion of the Chief of Police, The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer reports to and is directly accountable to the Chief of Police or his designee. Education and Training Requirements: POST licensed, supplemented by course work in investigative techniques, interview and interrogation techniques and crime scene processing techniques. Page 6 37 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER QUALIFICATIONS 1. Considerable knowledge of the principles of modern investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use information obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one time. The ability to manage time effectively. 9. The ability to speak effectively in public. 10. The ability to work effectively with juveniles. 11. The ability to gain cooperation, support, and assistance of the area church organiza- tions, County Welfare, County Court Services, Juvenile Court, County and City law enforcement, and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems that affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students, the school staff and the community on juvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead to delinquent behavior and /or activities. Page 7 38 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes he /she is working in a juvenile environment. The School Liaison Officer must assure the students and the staff that he /she is not in the school to create a police state, he /she is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police, to increase communication and understanding between the two. 24. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent information for juvenile court determinations. 22. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Page 8 39 MAJOR. AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION 1. To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. 2. To communicate and cooperate with county welfare officers, probation personnel, and other members of the professional community when appropriate. 3. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of court referrals when necessary. 4. To be a part of the total team effort to provide role models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day -to -day contact as a resource person. 5. To become involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Participate in community affairs as requested or assigned, and be available for lectures to school and community groups. 6. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. 7. To assist and advise in security matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school official(s). 8. To maintain individual police skills, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. 9. To prepare and submit necessary case files regarding cases assigned or investigated. 10. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. 11. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. 12. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements, fingerprints, photos and drawings, etc. Page 9 40 13. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 14. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. 15. Ensures proper disposition of all assigned cases, meets with the Investigative Supervisor regularly to review the status of all cases and determines whether to pursue, delay or close the matter. lb. Confers with parents, other members of the Criminal Justice System, and those private and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. 17. Preparation and presentation of appropriate material to students of elementary, junior and senior high schools. Page 10 41 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION Work week will be based on a 40 -hour week. 2. Work hours will be proximate to the school day. 3. Will be assigned a department vehicle while on -duty. 4. Time commitment is appropriately divided in each of the following categories: a. In- school activity at high school or middle school b. Case investigation, training, and meetings as scheduled c. D.A.R.E. d. Elementary schools 5. Primarily reports to the Investigative Supervisor. Secondary supervisor is the on- duty police supervisor. 6. Must report to a supervisor daily, but is authorized to report immediately to the school each day if approved. 7. Must be prepared to perform all police functions, as the officer is subject to immediate call -out for other activities, but must be discreet in the visibility of police equipment. 8. Will be assigned a cellular phone, and the phone must be operational during all hours when on duty. 9. Break time will be as defined in the union agreement. 10. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. 11. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. 12. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. 13. Will keep a log and prepare appropriate reports to the Chief of Police or his designee. Page l I 42 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this day of _ is made pursuant to M.S. 471.59 by and between the City of Columbia Heights (City) and Columbia Heights Public Schools (School District). Purpose: The purpose of this agreement is to create, fund, and implement the positions of Police School Liaison Offacer. 2. Duties and Responsibilities: The job description for the School Liaison Officer is attached. 3. Selection Process: From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District #13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officers are at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. Funding: The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package for the High School Liaison Officer and the Middle School Liaison Officer. A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training and Equipment I. Vehicle - related Costs The cost breakdowns for the period of January 1, 2018 through December 31, 2018 are attached. Page 12 43 S. Billing: The City shall submit a bill to the School District, which will be paid within thirty days of receipt. 6. Term: This agreement shall commence on January 1, 2018, and shall end on December 31, 2018. 7. General Provisions: The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, Iiability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the assigned school without cost to the City. 8. L:demnifrcation by City: The School Liaison Officer is a city employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 9. Indemnification by School District: The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. 10. Termination of Agreement: Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. 11. Temporary Reassignment: Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 13 44 12. The resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. In witness whereof, the parties have executed this agreement the day and year first written above. City of Columbia Heights Donna Schmitt Mayor Lenny Austin Interim Chief of Police Page 14 Columbia Heights Public Schools Kathy Kelly Superintendent of Schools John Larkin School Board Chair 45 COST FACTOR BREAKDOWN HIGH SCHOOL LIAISON OFFICER PROGRAM 2018 Base Wage — High School Liaison Officer: Patrol Top Wage Liaison Officer Premium Longevity (16 year rate) Holiday pay Deferred Compensation Overtime Allocation Total Base Wage Compensation and Fringe: F.I.C.A. (1.45 %) Workers Comp (4.33 %) P.E.R.A. (16.20 %) $6,650.00 /month $ 200.00 /month $ 499.76 /month Employee Insurance ($865 /month +$I00 /mo to health savings) Total Fringe Benefit Costs Miscellaneous Costs: Training and equipment allowance Vehicle related expense Total Miscellaneous Costs Total Yearly Costs To compute monthly total: $132,788.22 divided by 12 months = $ 11,064.85 To compute school year total: $11,064.85 X 9 months (school yr) = $99,583.66 To compute School District cost: '/2 of 9/12 funding formula = $49,791.83 Total Cost to Columbia Heights Public Schools For High School Officer for 2018: Page 15 $ 79,800.00 /year $ 2,400.00 /year $ 5997.12 /year $ 4,373.00 /year $ 425.00 /year $ 4 000.00 /year $ 96,995.12 /year $ 1,406.43 /year $ 4,199.89/year $ 1 5,713.21 /year $_ 11,580.00 /year $ 32,899.53/year $ 1,774.50 /year $ 1,109.07/year $ 2,883.57/year $132,788.22/year $49,791.83 46 COST FACTOR BREAKDOWN COLUMBIA ACADEMY LIAISON OFFICER PROGRAM 2018 Base Wage -- Middle School Liaison Officer: Patrol Top Wage $6,650.00 /month Liaison Officer Premium $ 200.00 /month Longevity (16 year rate) $ 376.57 /month Holiday pay Deferred Compensation Overtime Allocation Total Base Wage Compensation and Fringe: $ 79,800.00 /year $ 2,400.00 /year $ 4,518.84 /year $ 4,373.00 /year $ 425.00 /year 5 4,000.00 /year $ 95,516.84/year F.I.C.A. (1.45 %) $ 1,384.99/year Workers Comp (4.2 %) $ 4,135.88/year P.E.R.A. (16.20 %) $ 15,473.73/year Employee Insurance ($865 /month +$100 /mo to health savings) $ 11,580.00 /year Total Fringe Benefit Costs $ 32,574.60 /year Miscellaneous Costs: Training and equipment allowance $ 1,774.50 /year Vehicle related expense 1,109.07 /year Total Miscellaneous Costs $ 2,883.57/year Total Yearly Costs $130,975.01/year To compute monthly total: $130,975.01 divided by 12 months = $ 10,914.58 To compute school year total: $10,914.58 X 9 months (school yr) — $98,231.26 To compute School District cost: '/z of 9/12 funding formula = $49,115.63 Total Cost to Columbia Heights Public Schools For Middle School Officer for 2018: $ 49,115.63 Page 16 47 COLUMBIA HEIGHTS- AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM7 Approve Resolution 2017 -109 adopting a Data Retention Schedule for the CH Police Department DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Interim Chief Lenny Austin /10 -17 -20 BY /DATE: CITY STRATEGY: N/A Additional Strategy? Choosy: an item. SHORT TERM GOAL (1F APPLICABLE): Choose an item. Additional Goal? Choose an item. BACKGROUND: The Police Department has updated its section of the City's Data Retention Schedule prompted by a request from the Anoka County Joint Law Enforcement Council's (JLEC) request to adopt a standardized retention across police agencies in Anoka County for information that is part of the Public Safety Data System. This county -wide standard will enable the more efficient administration of the records in the data system. Those items are denoted with a "JLEC" in the Retention Period column. The rest of the Police Department's list was updated to reflect the state recommended retention period in most cases. STAFF RECOMMENDATION: The Police Department recommends that the City Council adopt this Data Retention Schedule, RECOMMENDED MOTION(S): MOTION; Motion to waive the reading of Resolution No. 2017 -109, being a resolution adopting a Data Retention Schedule for the Columbia Heights Police Department, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -109 being a Resolution adopting a Data Retention Schedule for the Columbia Heights Police Department. ATTACHMENTS: Resolution 2017 -109 Adopting a Data Retention Schedule for the CH Police Department Police Department Data Retention Schedule, September 2017 48 RESOLUTION NO. 2017-109 A resolution of the City Council for the City of Columbia Heights, Minnesota, adopting a Data Retention Schedule for the Columbia Heights Police Department WHEREAS, to comply with the Records Management Statute MS 138.17, it is necessary to adopt a plan for managing governmental records including the proper retention and disposal of municipal records; and WHEREAS, the Anoka County Joint Law Enforcement Council (JLEC) has requested that police agencies in Anoka County adopt a standard retention schedule for records held within the County's Public Safety Data System; and WHEREAS, the Police Department's data retention schedule has been reviewed and updated to include the Anoka County JLEC retention schedule. 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Because of the enormity of the task, they have requested assistance with event security from agencies throughout the area. Cities entering into a cooperative agreement with Minneapolis to provide officers for this purpose will be reimbursed through Minneapolis with funds provided by the Host Committee. The cooperative agreement has been reviewed by City Attorney Jim Hoeft and he noted no issues with entering into this agreement. The implications of our participation were discussed with the Sergeants at a supervisor meeting, and this group concurs that it's important for the CHPD to provide assistance as our schedule allows because of the nature of the event. We will be working to determine how many officers will be participating and who those officers will be based on our staffing and schedule for that time period, STAFF RECOMMENDATION: The Columbia Heights Police Department requests that the City Council authorize the Mayor and City Manager to enter into a cooperative agreement with the City of Minneapolis regarding public safety related to 2018 Super Bowl security. RECOMMENDED MOTION(S): MOTION: Move to authorize the Mayor and City Manager to enter into a cooperative agreement with the City of Minneapolis regarding public safety related to 2018 National Football League Super Bowl Security. ATTACHMENTS: Cooperative Agreement regarding Public Safety Related to 281 National Football League Super Bowl Security Supplier Application — City of Minneapolis 59 COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the "Agreement "), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this day of , 2017, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City "), acting through its Police Department (hereinafter referred to as the "MPD ") and , a [insert name of city /county /or other governmental entity acting through its [insert name of law enforcement organization] (hereinafter referred to as the "Provider "). City, MPD, and each Provider may be referred to individually as a "Party" or collectively as the "Parties" to this Agreement. WHEREAS, the City is the host city for the 2018 National Football League Super Bowl to be held on Sunday, February 4, 2018, and for related events authorized by the National Football League, most of which will take place in the City, City of St. Paul, and City of Bloomington from Friday, January 26, 2018, through Monday, February 5, 2018 (hereinafter referred to collectively as the "Event "); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4 ) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the MPD will be the lead law enforcement agency for those portions of the Event that occur within the City of Minneapolis (Minneapolis Events) and the St. Paul Police Department (SPPD) and the Bloomington Police Department (BPD) will be the lead law enforcement agencies for those portions of the Event that occur within their cities, respectively (St. Paul Events and Bloomington Events) When either BPD or SPPD is the lead law enforcement agency, its duties will not include making staff assignments that will continue to be administered and managed by the MPD as part of the Unified Command; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into an agreement with the "Host Committee" (as that entity and agreement are referenced in Section 3.1 herein) for the Event; and WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and PublicSafetyJPA (8/2 /2017 /gpw) Page 1 we NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471,59 ( "Joint Exercise of Powers ") and/or Minnesota Statutes Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto to assist the MPD through the use of a unified command center (as further explained in Section 2.4 of this Agreement) to provide law enforcement and security services ( "Services ") during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider's resources when, it is considered to be in Provider's best interest to do so, 13 Provider's resources shall be full -time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre - employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 1.4 The MPD will coordinate and inform the SPPD and the BPD of staffing assignments for the St. Paul Events and the Bloomington Events based, when possible, on the recommendations of the SPPD and the BPD, respectively. 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section I of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: N M 2.1.1. That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event; and 2.1.2 That each Licensed Peace Officer is in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the MPD in the event that any licensed peace officer is no longer an officer in good standing with the Provider or shall recall any peace officer that is no longer in good standing; and 2.1.3 That unless otherwise provided or requested by the MPD, each Licensed Peace Officer shall be equipped and /or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest. Additionally, in Provider's discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider's policy. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept and /or use any of Provider's Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1 As requested by MPD, Provider shall list information on each of Provider's Licensed Peace Officers no later than ninety (90) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 ( "MGDPA "); and 2.3.2. That upon reasonable advance written notification from the MPD, each of Provider's Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as determined and required by the MPD, to any Event - related assignment ki 62 based on the Licensed Peace Officer's skill -set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the MPD, be placed in an "On Assignment" status by MPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD; and 2.3.5. That at the request of the MPD, Provider will designate personnel that participated in or provided Event security to further participate in and /or provide information to and otherwise cooperate with the MPD in any "after action activities" following the conclusion of a Training Session or actual Event security. "After action activities" may include, but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider's Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated. through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as "Unified Command "). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command and the SPPD for St. Paul Events and the BPD for Bloomington Events, regardless of the location of the Event. Provider may increase the staffing levels at Events located within the Provider's jurisdiction. (a) at the sole cost of the Provider that hosts an Event; and (b) with the knowledge that the additional Licensed Police Officers and other staff members above the staffing level approved by the MPD and Unified Command are not covered by the Policy as described in Section 9 of this Agreement. The number of Licensed Peace Officers and other law enforcement resources to be deployed within the Provider's jurisdiction will be communicated to the City as part of the Unified Command. Notwithstanding Section 2.4, the 63 Provider retains the sole discretion for determining what Provider Licensed Peace Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain under the Provider's own authority. The Provider's Licensed Peace Officer and other law enforcement resources deployed in the Provider's jurisdiction and which are either included above the number of Licensed Peace Officers as determined by the Unified Command or remain under Provider's authority for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4.2 of this Agreement. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Each Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.8 The MPD, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events. Each Provider, including the SPPD and BPD, will be responsible for providing accurate lists of its LPOs that will be assignable to the Events as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 The City will be solely responsible for all communications with the Minnesota Host Committee (the "Host Committee "). The Host Committee shall be responsible for coordinating each of the events authorized by the National Football League (including St. Paul Events and Bloomington Events) and activities that occur within the term of the Event. 3.2 The City and the Host Committee will prepare and enter into an "Event Support and Funding Agreement for Super Bowl L11" (the "Support Agreement "). The Support Agreement will be the source of funding for the Event including the source of payment for the Services to be provided pursuant to this Joint Exercise of Powers Agreement ( "Agreement ") and for the policy of insurance that will pay for the defense and indemnification of claims filed against the City and each Provider during the term of the Event. 3.3 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the MPD to the Provider. 5 64 3.4 The person responsible on behalf of the MPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider's law enforcement resources, shall be Minneapolis Police Department Commander Scott Gerlicher (hereinafter referred to as the "Coordinator "). Except as otherwise provided in this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be inade directly to the Coordinator or the Coordinator's designee. 3.6 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.7 The City will obtain from the Host Committee and provide to each Provider, the "claims procedure" as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the Host Committee pursuant to the Support Agreement. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider's Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider's jurisdiction; and (b) are subject only to the Provider's authority and are therefore not under the Unified Command, are not eligible to have Provider's costs reimbursed pursuant to this Agreement. 4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request. Exhibit B will include a "Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider. The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the tern of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty -five (35) days after receipt of the statement of hours. 4.4 Provider may submit any questions regarding the cost reimbursement process to 0 65 Robin McPherson or her designee at: robin .mcpherson @minneapolismn.gov. 4.5 For any disputed amounts, the Provider shall provide the MPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the statement of hours. The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 5. TERM OF AGREEMENT 5.1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event - related activity and shall expire on March 1, 2018, or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of Training as discussed and to be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City -The City may terminate this Agreement upon providing to the Provider not less than forty -five (45) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of Super Bowl LII; 6.1.2 City and Host Committee fail to enter into the Support Agreement; 6.13 Host Committee fails to purchase and provide insurance coverage as described in Section. 9.1 of this Agreement; or 6.1.4 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City. 7 .. 6.2 Termination by the Provider -The Provider may terminate this Agreement upon providing to the City not less than forty -five (45) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of Super Bowl LII; 6.2.2 Without cause prior to the initial training session; 6.2.3 City and Host Committee fail to enter into the Support Agreement; or 6.2.4 Host Committee fails to purchase and provide insurance coverage as described in Section 9.1 of this Agreement. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The .Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work Product" shall mean any report, including incident reports, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. "Supporting Documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Products generated under this Agreement. "Business Records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to 67 MPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and /or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation and Business Records which shall be classified as "security information ", "security service" or "security service data ", defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and /or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 1 3.37, Subd. 1(b), 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9 68 9.1 Insurance Coverage for Event -The Host Committee has purchased a law enforcement liability insurance policy (the "Policy "). The insurance carrier is International Insurance Company of Hannover SE (the "Insurer "). The Policy will provide coverage for claims that each Provider becomes legally obligated to pay as damages due to "bodily injury ", "property damage ", or "personal injury" suffered by third parties. The Policy will require the insurer to have the right and duty to defend and indemnify each Provider against any claim or lawsuit due to Provider acts that occur within the territory of the Events and during the period in which the Policy is in effect. Each Provider's Law Enforcement Officers and supervisors under the Unified Command will be covered under the Policy by virtue of the Provider being named an "insured" under the Policy. 9.1.1 The limits of liability for all occurrences (claims) during the coverage period is $3,000,000.00 ($3 million). The limit of liability for any third party claim for damage to or loss of personal property is $25,000. 9.1.2 The cost to hire and pay for legal representation to defend the City and any Provider ( "defense costs ") are not subject to the $3 million limit of the Policy. 9.1.3 The Policy is not subject to the payment of a deductible by the Host Committee, the City or by any other Provider. 9.1.3. Each Provider agrees to be bound by the terms and conditions contained in the Policy. 9.1.4 Each Provider agrees that it will cooperate with the insurer and with the City by reasonably and timely responding to the insurer's request for information or to appear at meetings or judicially mandated hearings. 9.2 Insurance as Sole Source for Liability and Indemnity -Each Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the insurance to be procured by the Host Committee as set out in Section 9.1 of this Agreement. 9.2.1 If a Party's liability is not subject to recovery through the Policy, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this .Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and /or omissions of the other Party and the results thereof. 10 M 9.2.2 In the unlikely event that the aggregate amount of any one or all claims exceeds $3 million, then each Party agrees that it will otherwise be responsible for its own acts and /or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and /or omissions of the other Parties and the results thereof. 93 Further Limitation On Provider Liability -It is understood and agreed that the liability of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736 and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or arnend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. 1 a, and any common -law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.4 Provider Workers' Compensation Insurance Required - Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents. 9.5 Provider Responsible for Own Equipment- Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.6 Provider Rendering First Aid - Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid is covered under the Policy. 10. INDEPENDENT CONTRACTORS Each Provider in its relationship with the City under this Agreement is an independent contractor, No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11 70 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party's list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute through litigation. 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes, Section 16C.05, both the City's and the Provider's books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "Agreement" as used 12 71 herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Scott Gerlicher Commander - Minneapolis Police Department 511 11 u' Avenue South Suite 401 Minneapolis, MN 55415 17. INTERPRETATION OF AGREEMENT To Provider: This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. 19. MISCELLANEOUS PROVISIONS 19.1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that 13 72 this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15.51 through 15.57. 19.3 The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non - discrimination and affirmative action laws and policies. 19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included. 19.5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time REMAINDER OF THIS PAGE IS BLANK IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS STATE /CITYICOUNTY OF M. 14 an 73 Its: Police Chief Its: Date: Date: Approval Recommended: Approval Recommended: By: By: Its: Assistant City Attorney Its: By: Its: Purchasing Department Event Description Super Bowl Experience Media Center/Radio Row By :. Its: EXHIBIT A - Super Bowl Events Mall of America Game Day Event NFL Honors NFL Friday Night Party Tailgate Party 15 74 Opening Night NFL on Location Super Bowl Live Stadium Interior Stadium Perimeter Pre -game Party AFC Team Hotel NFC Team Hotel NFL Headquarters Hotel AFC Practice Site NFC Practice Site Police Escorts Tactical Squad Bomb Technical Squad Bomb K -9s VACIS Street Patrol Downtown Extra Metro Transit Security Mobile Field Force Square Fit Team VPSO Command Post Security Staging Logistics Credentiaiing Dignitary Liaison Counterfeiting Human Trafficking Investigators The MPD will maintain a list of Licensed Police Officers covered by this Agreement EXHIBIT B Super Bowl Special Event Period Reimbursement Guidelines Reimbursement Period: Friday January 26th, 2018 through Monday February 51 ", 2018 1. General Reimbursement Guidelines: a. The lead law enforcement agency, Minneapolis Police Department, will serve as fiscal agent for purposes of this agreement. 16 75 b. Reimbursement will be for official Super Bowl events sanctioned by the MN Host Committee and /or the NFL only, or for hours worked in direct support of the lead law enforcement agency, Minneapolis Police Department. c. All hours worked will be considered "on duty" time- d. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. e. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2, Established Hourly Reimbursement Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted. f. Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD. g. There will be no reimbursement for non - personnel costs, backfill, pre -event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. h. Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Super Bowl Event security details. i. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Captain or other law enforcement officers working in a command position and /or in an exempt payroll status. j. Generally, participating law enforcement personnel will be expected to work a ten hour shift daily during the event period (This may vary based on specific assignments). k. For reimbursement purposes, a law enforcement officer's shift begins and ends when lie /she checks in /out on site with the lead law enforcement agency. This will be tracked using an automated system provided by the lead law enforcement agency. Law enforcement personnel will be notified of their daily and hourly schedule 30 -60 days prior to the special event period subject to any changes that may occur. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail. a. Sending agencies and personnel assigned to the special event week must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department. 2. Established Hourly Reimbursement Rates: 17 76 a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below will be paid at one of the following established hourly rates. These are set rates and will not be adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $82 per hour overtime rate. ii. $55 per hour straight time rate. 3. Specific Agency Reimbursement Guidelines: a. For law enforcement personnel working in areas where they have jurisdictional authority: i. Reimbursement will occur only for overtime hours worked as a result of established /approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii. Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that agency at the established overtime rate as specified in Section 2 of this Exhibit B, above. iii. Sending agencies are expected to place provided law enforcement officers "on assignment " for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. b. For law enforcement personnel working in areas where they do not have jurisdictional authority: i. Reimbursement will occur for all hours worked to include straight time and overtime at the established rates as specified in Section 2 of this Exhibit B, above however reimbursement for overtime hours worked under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency. ii. Sending agencies are expected to place provided law enforcement officers "on assignment " for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4. Reimbursement Process: Within 30 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency. 77 a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency. b. The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies. c. The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation. Invoices should be sent to: MPD Chief Financial Officer C/O Robin McPherson 350 South 5"' Street, Room 130 Minneapolis, MN. 55415 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES The Host Committee and Insurer will develop a "uniform claim form (the "Form "). The Form will be approved by the insurance broker retained by the Host Committee and by the Insurer. 2. The Host Committee will establish a committee to review each Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the Event (each completed Form a "Claim "). 19 78 Q 5 The committee established to conduct the preliminary review of the Claim Forms (`Claims Committee ") will consist of at least the following members: (a) A Host Committee representative; (b) A Representative of the insurance broker retained by the Host Committee; and (c) The City of Minneapolis Risk Manager. The Claims Committee may also include other Provider representatives as determined by the three (3) required Claims Committee members. After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward. each Form to the Insurer. The Insurer will determine whether Claims are covered by the Law Enforcement Liability Policy and determine when the Policy limits have been reached and exceeded. Once the aggregate amount of Claims exceeds $3 million, then the Insurer will notify the Host Committee, the City and each Provider. Any further Claims brought against each Provider after the date of notification that the $3 million coverage limitation has been exhausted will be the sole responsibility of the Provider or Providers named in the Claim to defend and pay the amount of damages detennined by a court of law. 20 79 Supplier IDI Supplier Application - City of Minneapolis Form Instructions: The City requests that all suppliers provide an e-mail address for general correspondence. In addition each supplier should provide an e- mail for Purchase Order Notification and e-mail for Payment Advises Statements to be sent to the suppliers' accounts receivable department, For suppliers that do not have multiple departments, the same a -mail can be used. Please provide a general e-mail address and refrain from using individual sales or accounting personnel since often these contacts change. The City encourages all suppliers to sign -up for ACH /EFT automatic deposit providing access to your payment funds from the City more quickly. Once the application Including a W -9 is received, your organization will be assigned a Supplier Ib allowingyou to conduct business with the City. Thank you for your cooperation in completing the application. For any questions regarding the application process, contact (612) 673 -5781 for assistance. Submit completed application to: ,acc'ountspayabie@minneapolismn.gov Fax (612) 673 -2042 Mail to address below. City of Minneapolis Accounts Payable, Attn: Supplier Maintenance 350 South 5th Street Room 325M Minneapolis MN 55415 -1315 Section 1. Supplier Contact Information For Non -Profit organizations, please also include additional information in Section I Part D. Business Name or Payee: Date of Application A) Supplier Contact Information Business Contact: Main Address: City: Business Phone: State: 11f7i711 Zip: Fax Number. Email: Web B)Supplier Payment Remittance Address Business Contact: Address: City: Title: State: Zip: Business Phone: Payment Advise 13=1 C1Suoolier Pumhosina Address Business Contact: Title: Address: City: Business Phone: D) Non -Profit Ornanization Executive Director: Date organization received non -profit status from IRS: State: ZIP: Purchase Order Email Fiscal Year End MMIDD. SuNect to A -133 Audit: Q yEs n No Address: City. State: Zip: Controller. Phone: Email: Phone: Email: Form available at hIwww mt�meepolismn.¢ ovlfirranca /�ocuremenVurocs��prnP Assvendor index 80 Information requested for Federal Reporting & Grant programs Section 2, Ugat En Partnership ❑ U.S Corporation State Incorporated ❑ Individual/Sole Proprietorship ❑ Limited Liability Corporation ❑ 501C Not For Profit Q Local or State Government Agency ❑ Education Institution Foreign Corporation Country_ [J Foreign Government Organization EJ Foreign Partnership Section S. State/Federal Classification 8(a Certification ❑ Small Disadvantaged Business Certification ❑ HubZone Certifcation ❑ Women Owned ❑ Minority -Owned Business Section 7- Pa ment Preference Delivery method you preferto receive payment? ❑ Check [] ACH/EFT(refer to Enrollment Section 9,) El Already registared with City for ACH/EFT Section 3.1099 Reporting Classification itorney or Legal Firm ❑ Physician or Medical/Health Care Provider ❑ Rent Section 4. Supplier SIC/NAICS Codes Referto http://WWW.sbg.gov /size! to look up NAICS Codes assigned to your type of business, Description of Type of business SIGNAICS Code Assigned Section 8. Certified Business Ents rise CERi ❑African American LJ Native American ❑ Hispanic D Non- Minority Female ❑ Asian/Pacific Islander [] Non - Minority Small Section 8 -Ta et Market Program Are you an approved Target Market Program supplier with the City of Minneapolis? Target Market Program ❑ Yes ONO Section S —ACH /EFT Enrollment s part o t e City of Minneapolis continuing efforts to efficiently process our supplier payments and lower ourprocessing costs, the City has implemented anACH/ EFT disbursement program for the payment of supplier Invoices. Why Should Your Company or Organization Enroll? By participating in this program, you can eliminate waiting in long lines at your bank and gain the benefit of a quicker deposit to your company's account. Not only does it free your staffs time, but an ACH payment gives you access to the inoney more quickly, rather than having to wait for a check deposit to clear. We encourage all of our suppliers to join the City of Minneapolis AGWEFFdlsbursement program and enjoy the benefits of a no- hassle payment process and quicker access to your money. How Does it Work? You will be notified when you will begin receiving payment via ACH/EFT, You will continue to submityour invoices in the same manner for approval and processing. Name of Finance Institution Address: CIV. Zip: State: Account Type: ❑ Sayings ❑ Checking Bank Routing Number. AGREEMENT Account Number: I hereby authorize and request the City of banneapolis to initiate credit entries, and, if necessary, a debit entry in accordance with NACHA rulas for reversing a credit entry made in error, to my account at the financial institution named above. Uum a need for a reversing eutty the City of mione=hs will communicate W1thJ2U=d=QLJQ arrange Mgygent._The electronic payment data remains in effect until withdrawn by: (a) Written notification to the City (b) My death or legal incapacity (c) The financial institution or (d) City of Minneapolis Agreement Requires Signature & Date To Be In Effect Signature Date Name Title I certify that the information supplied on this supplier appl9cation is correct to the best of my knowledge. I farther certify that in doing business with the City of Minneapolis my firm is in compHance with policy relating to conflict of interest. Conflict of Interest policy available at: b to,/Iwww mbmea o i= eovl, m/proetment/vzomnmeat comoassvendor iu4ex Name of Person Completing /Authorizing Supplier Application Signature Title date Send Supplier, applicationWongwith a completed W-9 Form back to the City staffperson you are coordinating the purchase with Form avallable at: bgp:L/www.rnimoUplimmggyffinwmlurocurem=!fi r r,ra • c }n17 Y4> GC.i ,� 81 Form W -9 Request for Taxpayer Give Form to the (Rev. January 2011) Identification Number and Certification requester, Uo not tnremai RevaisTe send to the IRS. Name (as shown on your income tax return) N Business name /disregarded entity name, if different from above Check appropriates box for $ad teal tax classification (required): ❑ individualMole proprietor G Corporation ❑ 8 Corporation ❑ Partnership ❑ Ttustlestate G n ❑ company. -- - °-- .................»... _ ❑ pempt Lmited liability corn an Y� Enter the tax clasifcation (C-- C corporation, �oorpordtion, P= parrrership ) ❑ Other(see htstructlona) 06 S Address (number, street and apt, or suite no) Requester's name and address (optlonao City, state, and rip coda List account numbers) here (optional) lam Taxpayer Identification Number (TIN) Enter yourTIN In the appropriate box. The TIN provided must match the name given on the "Name" fine to avoid backup withholding, For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Fart I Instructions on page 3. For other entkies, it Is your employer identification number (EIM. If you do not have a number, see How to got a T7N on page 3. Note. If the account Is In more than one name, see the chart on page 4 for guidelines on whose number to enter. number Under penalties of pequry, i certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued tome), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup wlthholding, or (b)1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all intent or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. Far mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you roust provide your correct TIN. See the Instructions on page d, Dtgn I Signature of Here VA. person ► Date P. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A parson who is required to file an information return with the IRS must obtain your correct taxpayer Identification number {nib to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only If you are a U.S, person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when appiloabie, to: 1. Certify that the 71N you are giving is correct (or you are wafting for a number to be issued), 2. Certify that you are not subject to backup withhofding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership income from a U.S, trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note, If a requester gives you a form other than Form 1N-8 to request your TIN, you must use the requesters form N It Is substantially similar to this form W-9. Definition of a U.S, person. For federal tax purposes, you are considered a U.S, person if you are: • An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or asamiatlon created or organized In the United States or tender the laws of the United States, • An estate (other than a foreign estate), or • A domesdo trust (as defined In Regulations section 301.77D1 -7). Special rules for partnerships. Partnerahips that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership Is required to presume that a partner is a foreign person, and pay the wfthhoiding tax. Therefore, If you are a U.S. parson that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the parbnership to establish your U.S, status and avoid withholding on your share of partnership Income. Cat. Ho, 10231x Form W-9 (Rev. 1 -2011) 82 Source: Minneapolis Code of Ordinances 15.40. Conflicts of interest. (a) Definition of conflicts of interest. A local official or employee, whether paid or unpaid, shall avoid any situation that might give rise to a conflict of interest. A conflict of interest is present when, in the discharge of official duties, a local official or employee participates in a governmental decision, action or transaction in which he or she has a financial interest, except when that financial interest is no greater than that of another member of his or her business classification, profession or occupation or in matters involving city litigation when that financial interest is no greater than that of another member of the public impacted by the litigation. A financial interest is any interest, including loans, which shall yield, directly or indirectly, a monetary or other material benefit to the local official or employee (other than monetary or material benefits authorized by the city). A financial Interest of a local official's or employee's employer (other than the City of Minneapolis), his or her associated business, or his or her spouse, domestic partner, or dependent, and their employers or associated businesses shall also be considered a financial interest of the local official or employee. The following assets shall not be considered a financial interest for purposes of this section: (1) Ownership of shares in a diversified mutual fund. (2) Membership in a pension plan or employee benefit plan. (3) Ownership of bonds or publicly traded securities with a market value of less than two thousand five hundred dollars ($2,500.00). (4) Ownership of a whole life insurance policy. (b) Addressing conflicts of interest. To address conflicts of interest: (1) A local official or employee shall not participate in making or attempt to use his or her position to influence any city governmental decision, action, or transaction in which the local official or employee knows or has reason to know that he or she has a conflict of interest. To participate or participation means making the decision, taking action, entering Into a transaction, providing advice or a recommendation, introducing, sponsoring, debating, voting on, approving, and investigating the decision, action, or transaction. Participation includes the direct and active supervision of the participation of a subordinate in the matter. Participation is more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral basis. (2) A local official or employee may participate in a city governmental decision, action, or transaction involving an 83 organization or entity when the local official or employee, or his or her spouse, domestic partner, or dependent is an officer, director, board member, or trustee, if the local official or employee does not have a financial interest in the governmental decision, action, or transaction. However, the local official or employee must disclose his or her affiliation with the organization or entity as though it were a conflict of interest. A local official or employee may participate in a city governmental decision, action, or transaction when the local official or employee has a financial interest in a matter involving city litigation but that financial interest is no greater than that of another member of the public impacted by the litigation. However, the local official or employee must disclose his or her financial interest in the litigation as though it were a conflict of interest. (3) A local official or employee may participate in a city governmental decision involving a related person, other than his or her spouse, domestic partner, or dependent, if the local official or employee does not have a financial interest in the governmental decision, action, or transaction. However, the local official or employee must disclose his or her relationship with the related person as though it were a conflict of interest. (4) Any lobbyist (other than an employee of the city) who is lobbying on behalf of the city must disclose a complete list of the principals represented by that lobbyist or other lobbyists In the same firm, along with the project or projects on ' which lobbying is expected to occur on a principal's behalf, to all elected officials of the city and the city clerk. The ethics officer will report to the intergovernmental relations committee on what projects, if any, create, or may create a professional conflict of interest for the lobbyist. A professional conflict of Interest is a situation where the interests of a principal of the lobbyist are or may be adverse to the interests of the city. The lobbyist must update the list any time there is a change in his or her list. (c) Disclosure of conflicts of interest. If a local official or employee, in the discharge of his or her official duties, recognizes that his or her participation would create a conflict of interest, the local official or employee shall disclose the conflict of interest as follows: (1) The mayor and members of the city council shall disclose the - conflict of interest to each other as soon as they become aware of the conflict. if such official becomes aware of a conflict during a meeting of the city council, or one (1) of its committees, or the executive committee, the official shall immediately disclose the conflict of interest orally, The mayor or 84 city council member shall also prepare, on a form prescribed by the city clerk, a written statement describing the matter requiring action or decision and the nature of his or her conflict of Interest. The written statement shall be distributed to the mayor and the members of the city council and filed with the city clerk. After the first time the officlal has orally disclosed a conflict of interest and filed the form, the elected official may subsequently orally disclose a conflict by referring to the form, Because the mayor or city council members may not attend all city council or committee meetings, oral disclosure may consist of the written statement being read into the record by the presiding officer at the first regular meeting of the city council after the form has been filed. (2) A department head shall disclose a conflict of interest to the mayor and the city council by preparing, on a form prescribed by the city clerk, a written statement describing the matter requiring action or decision and the nature of his or her conflict of interest. The form shall be distributed to the mayor and the members of the city council and filed with the city clerk. (3) A local official who is not an employee and who is not covered by paragraphs (1) and (2) above shall disclose a conflict of interest to the other individuals on the agency, authority or instrumentality as soon, as the local official becomes aware of the conflict. If a local official becomes aware of a conflict during a meeting, the local official shall immediately disclose the conflict of interest orally. The local official shall also prepare, on a form prescribed by the city clerk, a written statement describing the matter requiring action or decision and the nature of his or her conflict of interest. The written statement shall be distributed to the mayor and city council, any department head whose jurisdiction or agency could be affected, and filed with the city clerk, (4) An employee who is not covered by paragraphs (1), (2) or (3) above shall disclose a conflict of interest (i) orally to his or her supervisor; and (ii) in writing as described below, if there is no supervisor, an employee shall disclose a conflict of interest in writing as described below. An employee who is required to disclose a conflict of interest in writing under this paragraph (4) shall prepare, on a form prescribed by the city clerk, a written statement describing the matter requiring action or decision and the nature of his or her conflict of interest. The written statement shall be distributed to the employee's immediate supervisor and department head, and filed with the city clerk. (5) All initial written statements required by this section shall be 85 filed not later than .tune 1, 2003. Thereafter, they shall be filed and distributed within one (1) week after the local official or employee becomes aware of the conflict of interest. (6) If the local official or employee has a supervisor, the supervisor shall assign the matter, If possible, to another person who does not have a conflict of interest. If they have no immediate supervisor, the local official or employee shall remove himself or herself from participating in the action or decision in question. If the local official is a member of the city council or the mayor, the local official shall not participate in any discussion or vote on any matter Involving the conflict of interest. Although the mayor or city council member must abstain from voting on the matter, he or she shall be counted present for purposes of a quorum. (2003 -Or- 034,.§ 1, 3- 21 -03; 2007 -Or -066, § 1, 8- 31 -07; 2009 -Or -033, § 1, 4 -24-09) 86 C� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FIRST AMENDMENT TO THE JPA WITH THE CITY OF ST. ANTHONY FOR STINSON BOULEVARD DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / October 18, 2017 BY /DATE: BACKGROUND: On June 22nd of 2015, the City Council approved a Joint Powers Agreement (JPA) with the City of St. Anthony for public improvements on Stinson Boulevard from 37th Avenue to north of 40th Avenue. Road reconstruction and storm sewer work was completed in 2017. As discussed with the Council during the preparation of the JPA, the City of St. Anthony planned improvements also included pedestrian, ADA, and signal improvements on Stinson Boulevard at 37th and 39th Avenues. Earlier this year the City of St. Anthony awarded a contract for the pedestrian and signal improvements, and that work is now complete. The total cost and cost share of the improvements is attached. Through existing traffic signal agreements, Columbia Heights would contribute 25% of the cost of the improvements at 37th Avenue and 50% at 39th Avenue. Intersection Legs in Columbia Heights Cost Stinson Blvd /37th Ave NE 1 of 4 (25 %) $15,722.09 Stinson Blvd /39th Ave NE 2 of 4 (50 %) $37,007.07 Accordingly, our JPA needs to be amended to include the cost of the signal improvements on Stinson Boulevard. Funding will be provided through the City's State Aid Maintenance Account 212 - 43190. STAFF RECOMMENDATION: Approve the first amendment to the Joint Powers Agreement adding the City's share for the Traffic Signal Improvements. RECOMMENDED MOTION(S): Move to approve Amendment 1 in the amount of $52,729 for modifications to the traffic signals on 37th and 39th Avenues. ATTACHMENT(S): First Amendment to the Joint Powers Agreement for the City of St. Anthony 87 FIRST AMENDMENT TO JOINT POWERS AGREEMENT COOPERATIVE AGREEMENT FOR THE ADMINISTRATION AND DIVISION OF COSTS ASSOCIATED WITH STINSON BOULEVARD RECONSTRUCTION IN THE CITIES OF COLUMBIA HEIGHTS AND SAINT ANTHONY This First Amendment to Joint Powers Agreement ( "First Amendment ") is by and between the cities of Columbia Heights and St. Anthony. WHEREAS, Columbia Heights and Saint Anthony share a common boundary and each supported the Reconstruction of Stinson Boulevard from 37th Avenue NE to Silver Lane (hereinafter collectively the "2016 Stinson Boulevard Reconstruction Project "); and, WHEREAS, on June 22, 2015 the cities of Columbia Heights and St. Anthony entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of cost allocation and design, and bidding and contract administration services for the Reconstruction of Stinson Boulevard from 37th Avenue to north of 40th Avenue (hereinafter the "Stinson Joint Powers Agreement "); and WHEREAS, the Cities desire to improve pedestrian safety in this corridor by making traffic signal improvements NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Improvements. Paragraph 4 of the Joint Powers Agreement is hereby amended to include improvements to existing traffic signals at 37th and 39th Avenues on Stinson Boulevard. The additional improvements include upgrading pedestrian ramps to current ADA standards, providing countdown timers and audio queues for the visually impaired and relocating the push buttons to appropriate locations. 3. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. 88 IN WITNESS WHEREOF, the cities of Columbia Heights and St. Anthony have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies. Dated: Dated: CITY OF COLUMBIA HEIGHTS 31 Mayor City Manager CITY OF ST. ANTHONY By: Mayor By: City Manager 89 0 m m n O o m n o m w o 0 o ui m N D 0 o m 0 0 m U O N w w� O a w w� N Vt v1 V1 cr m� m Vl N m o om °O Cl � T 19 V} V? to V} VT N M Q C W x .- m � Q � W '- m° o 0 OJ m N o o0 m vo i V E O •C 0 0 0 O u1 m n w O O N O V O V E t0 ° N ti n O O Ol m N M ° N o N 0 W � O O V N O o 0 W U o 0 w w O DJ o .-I m O Vl o O n O � N � N N t/T U m o 7 rl n o O M m n n V1 N M W 10 VT VT V} Z g O M d o .y N } x - Z F: E r O m O O N O y� Z r, On w N m w v m M p O N W x M Z _O F- V o 00 �6 o 0 0 m Li W to U o 00 m o y~j E W Ln o o n m m N M O M Oti1 O O o o n J c n .� .� m .� m o m a �n o m o w o o w w o m .-i m o o a 1 V M O a a-1 n O O M M n n N n� •„ n� fry W � VT VT N VT t/T � In � VT V? VT Uj vl? 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SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the proposed improvement. STAFF RECOMMENDATION: The attached resolution calls for the City Engineer to prepare the required report for State Aid Street segments located in various locations throughout the City. A public improvement hearing will need to be held for MSAS Streets following completion and acceptance of the feasibility report. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -112, there being ample copies available for the public. Move to adopt Resolution 2017 -112, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1805. ATTACHMENT(S): Resolution 2017 -112 9E RESOLUTION NO. 2017 -112 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate select state aid streets in the city that have not been rehabilitated under the street program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 1038.201 to 10313.251, as follows: 1805 STATE AID STREET OVERLAY PROGRAM 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 That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 23rd day of October, 2017 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 92 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -113 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR ZONE 2 SEAL COAT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / October 17, 2017 BY /DATE: CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the proposed improvement. STAFF RECOMMENDATION: The attached resolution calls for the City Engineer to prepare the required report for the Zone 2 Street Seal Coat Program. Zone 2 seal coat streets include local streets located between Reservoir Boulevard and Stinson Boulevard from 37th Avenue to 45th Avenue. In accordance with City policy, streets rehabilitated as part of the 2017 program will not be assessed for seal coat. A public improvement hearing will need to be held for Zone 2 following completion and acceptance of the feasibility report. The bidding process will be administered by the City of Coon Rapids as part of a multi -city JPA for various street maintenance activities. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -113, there being ample copies available for the public. Move to adopt Resolution 2017 -113, being a Resolution ordering preparation of a feasibility report for Zone 2 Street Seal Coat Program, Project 1701. ATTACHMENT(S): Resolution 2017 -113 93 RESOLUTION NO. 2017 -113 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate and maintain local streets in Zone 2 under the Street Rehabilitation program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows: 1701 ZONE 2 SEAL COAT 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 That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 23`d day of October, 2017 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 94 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7.1 MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR SANITARY SEWER LINING, PROJECT 1604 DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /October 17, 2017 BY /DATE: CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: On September 26, 2016 the City Council awarded the annual sanitary sewer lining program to Visu- Sewer, Inc. This annual program rehabilitates sections of sanitary sewer pipe that have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consisted of lining the following segments: 1. 12" VCP on 37th Avenue from Johnson Street to Hayes Street 650 L. F. 2. 12" VCP on Polk Street from 37th Avenue to 140' North of 37th Avenue 137 L. F. 3. 8" VCP on Arthur Street from 39th Avenue to 216' South of 40th Avenue 789 L. F. 4. 8" VCP on Arthur Street from 40th Avenue to 240' North of 40th Avenue 240 L. F. 5. 8" VCP on Arthur Street from 327' South to 424' North of 42nd Avenue 753 L. F. 6. 8" VCP on Tyler Street from 41St Avenue to 376' North of 42nd Avenue 1,149 L. F. 7. 8" VCP on 44th Avenue from Tyler Place to McLeod Street 1,850 L. F. 8. 8" VCP on Washington Street from 44th Avenue to 45th Avenue 612 L. F. 9. 8" VCP on Jefferson Street from 43rd Avenue to 217' North of 43rd Avenue 217 L. F. In addition, 20 main to sewer lateral connection liners were installed on 44th Avenue from Tyler Place to McLeod Street, as directed by the Public Works Director. STAFF RECOMMENDATION: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Visu- Sewer. RECOMMENDED MOTION(S): Move to accept the work for Sanitary Sewer Lining, City Project No. 1604, and to authorize final payment of $9,925.33 to Visu- Sewer, Inc. of Pewaukee, Wisconsin. ATTACHMENT(S): Engineer's Report of Final Acceptance 95 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2016 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 1604 October 17, 2017 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Visu- Sewer, Inc. The sanitary sewer work consisted of lining the following mains: 1. 12" VCP on 37th Avenue from Johnson Street to Hayes Street 650 L. F. 2. 12" VCP on Polk Street from 37th Avenue to 140' North of 37th Avenue 137 L. F. 3. 8" VCP on Arthur Street from 39th Avenue to 216' South of 401h Avenue 789 L. F. 4. 8" VCP on Arthur Street from 401h Avenue to 240' North of 40th Avenue 240 L. F. 5. 8" VCP on Arthur Street from 327' South to 424' North of 42nd Avenue 753 L. F. 6. 8" VCP on Tyler Street from 41" Avenue to 376' North of 42 "d Avenue 1,149 L. F. 7. 8" VCP on 44th Avenue from Tyler Place to McLeod Street 1,850 L. F. 8. 8" VCP on Washington Street from 44th Avenue to 45th Avenue 612 L. F. 9. 8" VCP on Jefferson Street from 43rd Avenue to 217' North of 43rd Avenue 217 L. F. In addition 20 main to sewer lateral connection liners were installed on 44th Avenue from Tyler Place to McLeod Street. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $197,710.50 CHANGE ORDER $ 796.00 FINAL CONTRACT AMOUNT $198,506.50 FINAL WORK APPROVED $198,506.50 ALL PRIOR PAYMENTS ($188,581.17) BALANCE DUE $ 9,925.33 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer M CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7K MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Gambling Permit, Columbia Heights Athletic Boosters DEPARTMENT: Administration CITY MANAGER'S APPROVAL: BY /DATE: Katie Bruno 10 -19 -2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: Columbia Heights Athletic Boosters, 530 Mill Street NE, has submitted a request for an off -site gambling permit for a raffle event on November 17, 2017. RECOMMENDED MOTIONS }: MOTION: Move to waive the reading of Resolution 2017 -110 there being ample copies available for the public. MOTION: Move to adopt Resolution 2017 -110, being a Resolution approving the Off -Sale Gambling permit for Columbia Heights Athletic Boosters to conduct a raffle at the Taste of Columbia Heights citywide event being held November 17, 2017 at Murzyn Hall. ATTACHMENTS: Resolution 2017 -110 Letter from CH Athletic Boosters . Off -Site Gambling Permit Application 97 RESOLUTION NO. 2017 -110 A RESOLUTION APPROVING AN OFF -SITE GAMBLING PERMIT FOR COLUMBIA HEIGHTS ATHLETIC BOOSTERS WHEREAS: The Columbia Heights Athletic Boosters have submitted a request for an off -site gambling permit for a raffle event on November 17, 2017, and WHEREAS: the Columbia Heights Athletic Boosters have completed the required application, and WHEREAS: the application requires approval by the local unit of government by Resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, to approve the Application to Conduct Off -Site Gambling submitted by the Columbia Heights Athletic Boosters, for a one day event on November 17, 2017. Passed this 23rd day of October, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 98 October 18, 2017 Columbia Heights Athletic Boosters City of Columbia Heights Mr. Walt Fehst 530 Mill Street NE Columbia Heights, MN 55421 Dear Mr. Fehst, 530 Mill Street N. E. Columbia Heights, MN 55421 The Columbia Heights Athletic Boosters have been asked to participate in the `Taste of Columbia Heights' citywide event on November 17, 2017. Our Organization plans to have a table at the event with information about us, as well as selling raffle tickets to raise money for youth activities in our community. This will be a one day occurrence with raffle tickets and the drawing being held the evening of the event. Attached you will find the Application to Conduct Off -Site Gambling that has been signed by Deanna Saefke, as she is the person who secures rental space at Murzyn Hall. It also must have City Council approval on the top of page two. Please contact me as soon as you have the document ready for pick up, as once I receive it from you, I will be forwarding it to the Gambling Control Board in order to obtain the off -site permit needed for the event. If you have any questions regarding this matter, please don't hesitate to give me a call. We look forward to working with the City of Columbia Heights at this event, and are grateful for the opportunity! Sincerely, V Suzy Vescio, Gambling Manager Columbia Heights Athletic Boosters Enc. 99 MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG230 Application to Conduct Cuff -Site Gambling No Fee ORGANIZATION INFORMATION Organization Name:� License Number: �- Address: 5 ��I �' S f �� City: lam. T>r (n MN Zip: Chief Executive Officer (CEO) Name: �t'-E'l Daytime Phone: Gambling Manager Name: �u2LJ V eSC,1 0 Daytime Phone: -7q3 GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. Fromm 0 / 1-' to �\ / t"t / � 1 Check the type of games that will be conducted: njRaffle Pull -Tabs ❑Bingo ❑Tipboards Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted: III I Z14 A 14� Street address and a ] ' 0 c�, _ _ �� Zip: 1 City (or township): C] ! I Ji �'L.(:r� p: ��y� � County: • 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? FlYes If yes, a lease is not required. �No If no, the lease agreement below must be completed, and signed by the lessor. CEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid for the leased area: $_ 1�� (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: Lessor's Signature, Date /0-1 Print Lessor's Name: I)Ps.-n n n_ ke- CONTINUE TO PAGE 2 we LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 An equal opportulty employer -Tul 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: 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 LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all ' formation is true, accu and complete and, if applicable, agree to the lease terms as stated in this application. Signature E mustbe ; designee may not sign) bate Mail or fax 0: 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 Hoard 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 equal opportulty employer -Tul CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7L MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A 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 October 23, 2017, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: Licenses to Approve (TIFF) 102 List of Rental Lic to Approve by COLUMBIA City Council 2017 FIRE DEPARTMENT IMSPECTIO '01vaerorr 825 41st Avenue NE . Columbia Heights, MN 55421 s Inspections 763 -706 -8156 & Fax 763- 706 -8151 s fireinspections @ci.columbia- heights.mn.us 10006 4543 TAYLOR ST NE Muhumed, Halima F16828 1423 7th St #307 307G $ 175.00 Waite Park, MN 56387 10033 4258 2ND ST NE Zhou, Chen F16314 5660 Comstock Lane N. $ 175.00 Plymouth, MN 55446 10045 4223 6TH ST NE Wigert, Karl F16386 3049 Valerie Lane $ 175.00 New Brighton, MN 55112 10048 4308 6TH ST NE Butler, Allan F16248 8438 Mississippi Blvd $175.00 Coon Rapids, MN 55433 10060 3913 ARTHUR ST NE Sentyrz Jr., Walter F16106B 1612 2nd Street N.E. $ 175.00 Minneapolis, MN 55413 -1138 10063 4721 5TH ST NE Belden River Properties, Kelly Wilson F16796 3319 Belden Drive $ 175.00 St. Anthony, MN 55418 10073 3912 TYLER ST NE Main Street Renewal LLC F16764 8300 N Mopac Expressway #200 $ 175.00 Austin, TX 78759 10081 3945 RESERVOIR BLVD NE Hoffmann, Andrew F16795 8617 Girard Ave N $ 175.00 Brooklyn Park, MN 55444 10082 1225 43RD AVE NE Quiet Cove Capital LLC, F16820 P.O. Box 15261 $ 175.00 Minneapolis, MN 55415 10101 3900 CLEVELAND ST NE 3900 Cleveland, LLC F16767 4908 W. 69th St. $ 175.00 Edina, MN 55435 10106 3721 VAN BUREN ST NE Sentyrz Jr., Walter F16106A 1612 2nd Street N.E. $ 175.00 Minneapolis, MN 55413 -1138 10108 3906 TYLER ST NE Gall, Jordan F16443 404 Hastings Drive $ 175.00 Duluth, MN 55803 103 List of Rental Lic to Approve by COLUMBIA HE City Council 2017 FIRE DEFARTMEHT IMSPROTzew 01rISNOW 825 41st Avenue NE a Columbia Heights, MN 55421 . Inspections 763 - 706 -8156 6 Fax 763- 706 -81516 fireinspections @ci.columbia- heights,mn.us 10111 4756 STINSON BLVD NE Johnson, Amy F16773 3705 2nd St NE $ 175.00 Columbia Heights, MN 55421 10125 4111 5TH ST NE Pearson, Lucas F16839 12600 Xebec St. NE $ 175.00 Blaine, MN 55449 10129 4116 MADISON ST NE Loo, Patrica/ George F16763 18042 88th Place N $ 175.00 Maple Grove, MN 55311 10136 658 47TH AVE NE Ostrowski, Brent F16766 1370 Pike Lake Court $ 175.00 New Brighton, MN 55112 10152 3931 JACKSON ST NE Burson, Stephen F16233 19049 Ireton Way $ 175.00 Lakeville, MN 55044 10155 4253 MCLEOD ST NE DuNord Properties LLC /Michale Gross F16757 3425 Aldrich AVE S $ 175.00 Minneapolis, MN 55408 10164 48404TH ST NE Vejzovic, Goran F16777 380 Jackson St #750 $ 175.00 St. Paul, MN 55101 10176 4433 4TH ST NE Monger, Alois F16768 556 79th Ave N. $ 175.00 Brooklyn Park, MN 55444 10185 4201 WASHINGTON ST NE New Summit Solutions, F16320 10461 S. Rosemont Lane $ 175.00 Oak Creek, WI 53154 10241 4906 JACKSON ST NE Dorjee, Jigme F16765 2801 32nd Ave NE $ 175.00 St. Anthony, MN 55418 10248 1468 LINCOLN TER NE Abdirisak, Mohamed F16497 PO Box 21054 $ 175.00 Columbia Heights, MN 55421 10265 801 37TH AVE NE Medina, Luis F16459 21330 Ibis St $ 175.00 Oak Grove, MN 55011 1017/2017 104 List of Rental Lic to Approve by COLUMBIA H City Council 2D17 FIRE DEPARTMENT IMSPII 07 1 0 D I VIS S N ®" 825 41st Avenue NE c Columbia Heights, MN 55421 k Inspections 763 - 706 -8156 d Fax 763 - 706 - 8151® fireinspections @ci.columbia- heights.mn.us 10287 4242 2ND ST NE Peske, Richard F16251 5444 Colfax Ave S $ 175.00 Minneapolis, MN 55419 10298 4408 MONROE ST NE O'Connell, Brian F16826 387 Landcaster Ln N. $ 175.00 Champlin, MN 55316 10301 3909 POLK ST NE Jensen, Jeffrey F16455 3324 Skycroft Circle $ 175.00 St. Anthony, MN 55418 10306 4422 7TH ST NE Anglin, Bobby F16481 5414 33rd St. NW $ 175.00 Maple Lake, MN 55358 10307 4417 VAN BUREN ST NE Bonete, Daniel F16834 4417 Van Buren St NE $ 175.00 Columbia Heights, MN 55421 10318 4946 JACKSON ST NE Egal, Asli F16832 3858 LaBelle St $ 175.00 Columbia Heights, MN 55421 10337 1637 37TH AVE NE DuNord Properties, LLC, Michael Gross F16410 3425 Aldrich Ave S $ 175.00 Minneapolis, MN 55408 10341 4100 MONROE ST NE Richardson, Ed F16470 885 Woodside Road $ 175.00 Redwood City, CA 94061 10354 3915 TYLER ST NE Hanson, Robert F16448 16910 The Strand $ 175.00 Minnetonka, MN 55345 10383 4155 MAUREEN DR NE Reiners, Mark F16842 1122 14th Ave. SE $ 175.00 Minneapolis, MN 55414 10421 3909 HAYES ST NE 2017 -1 IH Borrower LP F16744 1210 Northland Drive #180 $ 175.00 Mendota Heights, MN 55120 10442 1209 44TH AVE NE Kolby, Judy F16474 3015 Troseth Road $ 175.00 Roseville, MN 55113 105 10/17/2017 10:26 List of Rental Lic to Approve by COLUMBIA HEIGHTS City Council 2011 FIRE DEPARTMENT IMSPROTI® 825 41st Avenue NE a Columbia Heights, MN S5421 A Inspections 763 - 706 -8156 a Fax 763- 706 -8151 • fireinspections @ci.columbia- heights.mn.us 10505 3932 POLK ST NE Carlson, Brian F16825 3092 Louise Dr NW $ 175.00 Alexandria, MN 56308 10506 4151 STINSON BLVD NE Williams, Robert F16234 4047 Cleveland Street $ 175.00 Columbia Heights, MN 55421 12003 5101 6TH ST N E Anderson, Paul F16064 5101 6th St NE $ 175.00 Columbia Heights, MN 55421 12023 635 51ST AVE NE Baron, Kyle F16790 635 51st AVE NE $ 175.00 Columbia Heights, MN 55421 12134 1010 42ND AVE NE Gillespie, Roger F16412 101042nd Avenue NE lower $ 175.00 Columbia Heights, MN 55421 12173 1239 43 112 AVE NE Sieger, Martin F16241 1239 43 -1/2 Avenue NE $ 175.00 Columbia Heights, MN 55421 20009 1348 44 112 AVE NE Seiffert, Mitchell F16240 521 7th St S. #119 $ 175.00 Minneapolis, MN 55415 20020 4547 FILLMORE ST NE Thul, David F16197A 3518 Pheasant Run NE $ 175.00 Blaine, MN 55449 20033 4619 TAYLOR ST NE Chee, Lit F16328 1388 Old Hwy 8 NW $ 175.00 New Brighton, MN 55112 20034 4401 JACKSON ST NE Maciaszek, Rose F16762 2882 Rice Creek Terrace $ 175.00 New Brighton, MN 55112 20035 4407 JACKSON ST NE Maciaszek, Rose F16762A 2882 Rice Creek Terrace $ 175.00 New Brighton, MN 55112 20038 4400 VAN BUREN ST NE Maciaszek, Rose F16762B 2882 Rice Creek Terrace $ 175.00 New Brighton, MN 55112 106 10/17/2017 10:26 List of Rental L/cbm Approve 6w COLUMBIA HEIGHTS City Council 2017 N� � �� �� �� �� �� � �� �� �� �� 0� �� �� � �� �� �� 0� �� �� �� � ��& N� �� � I MS PEC T Z C24 D Z IV I S 1 029 8254zg Avenue NE~ Columbia Heights, Mm55421° Inspections 7h3-n}6-8z96° Fax 7O3-706-8l51=f! reinspect ions@d,colwmbia-heights.mn.m 20039 44O4 VAN BURENSTNE Maciaszek, Rose F16762[ 2882 Rice Creek Terrace S175.00 New Brighton, &4N5S11Z 28076 4638 JOHNSON STNE Zweber,]ack F16346 22U1 Regent Drive $l75.00 White Bear Lake, K4N551lO 20087 4357 7TH STNE Unke'Hanxon,]anene F16482 187l7th Ave SVV $17S.00 New Brighton, K4N55l12 20105 38Og PIERCE STNE De|a,Aren FI6488 125SO Zest St $175.00 ________ ---- ________________ Blaine, K4N5S449 ------ ________ --- ____________ 20111 4O3O CLEVELAND STNE Christ, Dennis F16401 I0984228thStN $175.00 __________________________________________________ Scandia, MIN 55073 20129 627S2ST AVE NE Thompson, Ty F16769 77OOVVinsda|e Street N $ 175.00 Golden Valley, K4N55427 30137 4OO8 CLEVELAND STNE 8nown,iQg,Thomas F16819 1911 Longview Drive $17S.UO New Brighton, K4N5S11Z 20153 l254 CIRCLE TERRACE BLVD NE Tohey,]oseph F16414 544 Summit Street N.E. $ I7S.00 Columbia Heights, K4NS542l 20157 4323 3RD STNE K4oncada,Luis FI6821 4323 3rd Street N.E. Upper $17S.DO Columbia Heights, k4N5S421 ______________ 20158 4OOO CLEVELAND STNE Coghill, Dee F16495 515 Lilac Street N.E. $ 175.00 Lino Lakes, K4NS5014 20262 96644l/2 AVE NE Ali, Mir F16260 2947BentHi||Drive $175.00 _______________ New Brighton, IVIN5511Z --- ___________ --- _______ 20I64 4000 HAY[SSTNE Lys\j,Daria F16343 15O 2nd Street N.E. #514 $175.00 Minneapolis, K4N55413 10/17/2017 10:26 107 List of Rental Lic to Approve by COLUMBIA HEIGHTS City Council 2017 FIRE DEPARTMENT 825 41st Avenue NE « Columbia Heights, MN 55421 r Inspections 763- 706 -8156 g Fax 763- 706 -8151 c fireinspections @ci.columbia -h eights. mn.us 20185 4641 TAYLOR ST NE Schavee, David F16334 4 Shadow Lane $ 175.00 North Oaks, MN 55127 20189 1817 41ST AVE NE Swanson, Todd F16500 922 Lois Lane $ 175.00 Lino Lakes, MN 55014 20193 4639 WASHINGTON ST NE Bermeo, Angel F16824 4639 Washington ST NE $ 175.00 Columbia Heights, MN 55421 20198 4532 WASHINGTON ST NE Swanson, Jeff F16774 9705 289th Ave NW $ 175.00 Zimmerman, MN 55398 20299 4655 POLK ST NE Reder, Christopher F16775 4657 Polk St NE $ 175.00 Columbia Heights, MN 55421 30013 4046 CENTRAL AVE NE Abdi, Amima F16771 10102 Florida Circle N $ 185.00 Brooklyn Park, MN 55445 30014 4330 3RD ST NE ESSO Apartments LLC 5 -Unit F16019B 3328 East Lake St $ 185.00 Minneapolis, MN 55406 30015 3947 TYLER ST NE Anderson, Eric F16457 3425 Coolidge St NE $ 175.00 St. Anthony, MN 55418 30018 233 42ND AVE NE Timberlane Holdings, LLC F16294 21325 Queen Ct NW $ 475.00 Elk River, MN 55330 30034 2200 39TH AVE NE Jones Family Investments, LLC F16438 2505 Silver Lane NE $ 580.00 Columbia Heights, MN 55421 30035 228 40TH AVE NE Mikulak, Robert F16791 13472 Sprandel Road $ 263.00 Finlayson, MN 55735 30038 615 40TH AVE NE Ukatu, Edward F16326 685 Iona Ln $ 185.00 Saint Paul, MN 55113 19117/2017 10:26 108 List of Rental Lk to Approve by COLUMBIA SIGH S City Council 2017 FIRE DEFARTMEHT I msPiffC l° I ®w D I YI e t ow 825 41st Avenue NE « Columbia Heights, MN 55421 m Inspections 763 - 706 -8156 o Fax 763 - 706 -8151 e fireinspections @ci.columbia- heights . mn.us 30066 3839 HART BLVD NE Jones Family Investments, F16438A 2505 Silver Lane NE $1180.00 Minneapolis, MN 55421 30092 3838 MCKINLEY ST NE Jones Family Investments, LLC F16438B 2505 Silver Lane NE $ 580.00 Columbia Heights, MN 55421 30108 3746 STINSON BLVD NE Modell, Paul F16335A 3441 Shore Drive $ 412.00 Excelsior, MN 55331 30109 3850 STINSON BLVD NE Northeast Seniors Housing Corporation F16471 3410 Winnetka Avenue N. Suite A $1330.00 New Hope, MN 55427 30129 4621 UNIVERSITY AVE NE Dumore Investments LLC, Jean Morisette F16426 7601 22nd Street Court N. $ 286.00 Oakdale, MN 55128 30147 3925 3RD ST NE PN18, LLC F16437 3514 14th Avenue S $ 307.00 Minneapolis, MN 55407 30175 3806 STINSON BLVD NE Bryant, LLC F16345A 5065 Johnson Street N.E. $ 412.00 Columbia Heights, MN 55421 30177 3816 STINSON BLVD NE Bryant, LLC F16345 5065 Johnson Street N.E. $ 412.00 Columbia Heights, MN 55421 30179 3826 STINSON BLVD NE Klum, Cynthia F16454 1314 W. Royal Oaks Dr. $ 412.00 -------------------------------------------------- Shoreview, MN 55126 34003 4241 3RD ST NE Columbia Heights Apartments, LLC F16123 238 Peninsula Road $ 175.00 -------------------------------------------------- Medicine Lake, MN 55441 34006 626 40TH AVE NE Knox Family Real Estate -2, LLC F16778 3801 Leslee Curve $ 175.00 -------------------------------------------------- Excelsior, MN 55331 35400 -305 1070 GRANDVIEW CT NE Lox Properties, LLC F16831 1395 Commerce Dr $ 175.00 Mendota Heights, MN 55120 Total# of Licenses: 84 109 10/17/2017 10:26 Page 7 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7M MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: OCT 18, 2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? ci , , , , ieT, SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: BACKGROUND /ANALYSIS Attached is the business license agenda for the October 23, 2017 Council meeting. This agenda consists of applications for 2017 Contractor Licenses and 2018 Business 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 October 23, 2017 as presented. ATTACHMENTS: im City of Columbia Heights - Council Letter TO CITY COUNCIL Oct 23, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Kraemer Htg Inc 7441 Dallas Court N, Maple Grove $60 Imaginality Designs LLC 6182 Olson Memorial Hwy, Mpls $60 *Freedom Htg & AC 724A Harding St, Mpls $60 *Diversified PI & Htg PO Box 91, Chaska $60 M & S Plumbing 2505 223`d Lane NW, Oak Grove $60 LS West LLC 19569 Hazel Nut Ave, Lakeville $60 CIGARETTE SALES -2018 3 Municipal Liquor Stores 4950 Central Ave, 2105 37"' Ave, 5225 Central Ave Fees Waived ON SALE BEER *El Taco Loco /Antonio Vidal 4220 Central Ave NE Col Hts $400 MASSAGE THERAPIST *Jeanne Ramirez 5075 Johnson St, Col. Hts $100 FUEL DISPENSING *Columbia Hts Rental (LP) 3901 Central Ave, Col. Hts. $ 50 VEHICLE RENTAL *Columbia Hts. Rental 3901 Central Ave, Col. 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N/A STAFF RECOMMENDATION: Adopt Resolutions 2017 -104, 2017 -111 and Resolution Number 2017 -114, being declarations of nuisance and emergency abatement of violations within the City of Columbia Heights regarding property at: 4329 Main Street N.E. for ordinance violations pursuant to Chapter 8, Article II, of City Code RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolutions 2017 -104, 2017 -111, and 2017 -114 there being ample copies available to the public. Move to adopt Resolution Number 2017 -104, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. Move to adopt Resolution Number 2017 -111, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. Move to adopt Resolution Number 2017 -114, being resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main St NE a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. ATTACHMENTS: 2017 -104 City Council Resolution — Emergency Abatement to Board Up and Secure 4329 Main Street N.E. 2017 -111 City Council Resolution — Emergency Abatement to Board Up and Secure 4329 Main Street N.E. 2017 -114 City Council Resolution — Emergency Abatement to Board Up and Secure 4329 Main Street N.E. 120 RESOLUTION 2017 -104 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter S, Article II, of City Code, of the property owned by Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 10, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on October 10, 2017 the Fire Chief ordered that Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. Passed this 23rd day of October, 2017 Offered by: Second by: Roll Call: Mayor Donna Schmitt Attest Katie Bruno City Clerk /Council Secretary 121 RESOLUTION 2017 -111 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 18, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on October 18, 2017 the Fire Chief ordered that Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. Passed this 23rd day of October, 2017 Offered by: Second by: Roll Call: Mayor Donna Schmitt Attest: Katie Bruno, City Clerk /Council Secretary 122 RESOLUTION 2017 -114 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 20, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on October 20, 2017 the Fire Chief ordered that Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. Passed this 23rd day of October 2017 Offered by: Second by: Roll Call: Mayor Donna Schmitt Attest: Katie Bruno City Clerk /Council Secretary 123 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8B MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Adopt Resolution For Revocation DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A STAFF RECOMMENDATION: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at: 2017 -105 - 3810 Jackson Street NE 2017 -106 —4323 Washington Street NE 2017 -107 - 4906 Tyler 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 Numbers 2017 -105, 2017 -106, and 2017 -107, being ample copies available to the public. Move to adopt Resolution Numbers 2017 -105, 2017 -106, and 2017 -107, 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: 2017 -105 Res -No Bldg Dept Insp- 3810 Jackson St. 2017 -106 Res - Rental Vio NOT Corrected — 4323 Washington St. 2017 -107 Res -No Reinspec Fee — 4906 Tyler St. 124 RESOLUTION NO. 2017 -105 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 Georgia Dawkins and Cel Monton (Hereinafter "License Holders "). Whereas, license holders are the legal owner of the real property located at 3810 Jackson Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holders on October 3, 2017 of a public hearing to be held on October 23, 2017. 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 18, 2017, inspection office staff sent letters requesting the owners of the property complete the rental licensing process by scheduling an inspection with the Building Official. In November 2016, the Building Official performed an inspection on the property. The property failed that inspection and as of this date, no re- inspection has been scheduled. Letters were mailed by regular mail to the owners at the address listed in the property record. 2. That on October 12, 2017, 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 owners 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 schedule a rental license re- inspection with the Building Official. 4. That all parties, including the License Holders 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 Holders described herein and identified by license number UNLIC -3810 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 Holders; 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 Holders. 125 City of Columbia Heights - Council Resolution Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 126 Page 2 RESOLUTION NO. 2017 -106 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 MNSF T2 SPE LLC (hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4323 Washington 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 September 22, 2017 of a public hearing to be held on October 23, 2017. 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 August 16, 2017, inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 21, 2017, inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 12, 2017, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair /replace broken front porch handrail. b. Shall replace missing storm door window and screen. c. Shall repair /replace missing /damaged carpet in hallway and bedroom. d. Shall repair /replace rotted sliding door frame on rear deck. e. Shall repair /replace rotten /bare areas of rear deck. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F16332 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. 127 City of Columbia Heights - Council Resolution Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 128 Page 2 RESOLUTION NO. 2017 -107 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Om Parkash and Arun Bedi (hereinafter "License Holders "). Whereas, license holders are the legal owners of the real property located at 4906 Tyler 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 Holders on October 2, 2017 of a public hearing to be held on October 23, 2017. 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 August 24, 2017, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owners at the addresses. 2. That on September 29, 2017, 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 owners listed in the property records. 3. That on October 11, 2017, inspectors re- inspected the property and found that violations were corrected, and the License Holders were informed that a $100 reinspection fee was due. 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. License Holders' failure to pay reinspection fee. 5. That all parties, including the owners 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holders described herein and identified by license number F16445 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 Holders; 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 Holders. Passed this day of 12017 129 City of Columbia Heights - Council Resolution Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 130 Page 2 CH. COLUMBIA HEIGHTS AGENDA SECTION OTHER BUSINESS ITEM NO. 9A MEETING DATE OCTOBER 23, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: REFUSE AND RECYCLING PROPOSALS: ACCEPTANCE OF PROPOSALS AND AUTHORIZING AWARD OF CONTRACT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Jesse Davies / Kevin Hansen / October 18, BY /DATE: 2017 CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? #3: Affordability SHORT TERM GOAL (IF APPLICABLE): Choose an iLem. Additional Goal? Choose an i _em. BACKGROUND: On September 14, 2009, the City Council accepted proposals for refuse and recycling services and directed staff to prepare a contract with Veolia Environmental Solid Waste Services (now Advanced Disposal Services) that started January 1, 2010. A three year extension was later authorized which ends December 31, 2017. Major changes to overall refuse operations since 2009 are summarized as follows: • Tipping fees are now defined separately and tracked by actual tons in the payment process. • The City is utilizing single -sort recycling carts and collection changed to every other week for recycling. • The City moved the recycling collection point to the same location as refuse (i.e. to the alley where permitted) and noted over a 40% increase in recycling tonnage since 2009. • A recycling rebate provision was added to provide for revenue sharing of recyclables collected citywide. • A fuel escalation clause was added to account for fluctuations in fuel costs. • Operationally the contractor is encouraged to service multi - dwelling properties with carts instead of dumpsters, where permitted. • All multi - dwelling properties received 90 gallon recycling carts. • The contractor allows households to upgrade to a 90 gallon recycling cart for the same rate as the 60 gallon cart. In addition, the contractor has provided some multi - dwelling properties with more recycling carts and /or scheduled additional collections per month at no additional charge. The main goal of Columbia Heights Solid Waste Management is to reduce trash disposal, especially since the city pays separately by the ton for disposal. The MPCA passed the latest version of the Metro Solid Waste Policy last April. In the document they specify numerous RBMPs (Recycling Best Management Practices), including weekly single sort recycling, organics recycling, and bulk recycling. They are expecting and have been encouraging counties and cities in the metro area to begin implementing some of these RBMPs. The City has benefited from the ability to provide for the highest level of service at a low cost that most residents seem to appreciate (see various city refuse rates comparison in the Council packet). The City recently purchased all of the existing carts in the City which saved almost one million dollars on each 131 City of Columbia Heights - Council Letter bid, when compared to new cart purchases ranging from $60 - $80 each. A RFP was issued on September 2, 2017 for refuse hauling services for all current operations: • "Full Service" Trash • Bulk disposal • Every other week single -sort recycling • Yard waste recycling • Appliance recycling • Electronic recycling • Recycling Center containers • City buildings • Christmas tree recycling Page 2 The RFP also included "Add Alternate Bids" for various Recycling Best Management Practices that could be added to the next contract: • Weekly single sort collection • Organics collection Bulk (furniture, mattresses, and carpet) recycling On October 2nd, five companies submitted bids for citywide refuse hauling services (see total five year contract cost sheet from the bidders and rankings per various services in the Council packet). Staff narrowed the list down to two on the "short list" based on lowest prices; Advanced Disposal Services, our current hauler, and Waste Management (see company proposals and recent 2017 refuse bill for comparison in the Council packet). Staff also interviewed the local General Managers of the two companies and sent surveys to various references for each as well (see reference surveys in the Council packet). STAFF RECOMMENDATION: City staff recommends that Waste Management be awarded the next contract (see Decision Matrix in the Council packet), and further recommends adding services for curbside bulk recycling and organics collection for the following reasons: 1. Waste Management scored better on the reference surveys and staff evaluation. 2. Waste Management has the better price with bulk and organics recycling included, $1,700,000 average /year - -bulk costs $9,000 and organics $53,000. Keep in mind that 70% of the contract costs are for trash service and only 30% for recycling services. 3. Because of the excellent bids we received, the City can offer bulk and organics recycling to the suite of refuse services and still pay 1% less in total than 2017 hauling and disposal costs. a. 2017 total cost at current contract price for base services is $1,688,000. b. 2018 Waste Management proposed price with bulk and organics is $1,672,000. 4. Trash disposal is projected to be at a rate of at least $75 /ton in 2018. With the City disposing of 7,000 tons last year equating to over $500,000 annually just for disposal, the City saves money by recycling because it is still $0 /ton for recycling material disposition. The MPCA states that 30 -40% of trash is organic, so if one -third of 7,000 tons was recycled through organics, the City would save at least $175,000 /year. 5. Currently bulk is disposed of in the trash at $75 /ton. If we recycle it, we can use SCORE (recycling grant) to help pay for handling and receive tonnage credit for reporting. Plus some of the items can be donated which is free disposal. 6. The City receives $95,000 /year from SCORE which helps to subsidize recycling operations. Staff has requested Anoka County provide an additional $30,000 /year for our Full Service Curbside Recycling operations, plus an additional $20,000 to subsidize 2018 organic startup costs. Waste ManagWent City of Columbia Heights - Council Letter Page 3 also proposes an 80% rebate for curbside recyclables which could mean a financial return for the city when the commodity markets go up. Again, due to the excellent bids we received, staff does not recommend changing the authorized city refuse rates for 2018 (Resolution 2015 -98) as the projected 2018 revenue is expected to cover the costs of a new contract with added services. The City will be able to lower the cost of the yard waste /organic cart from the current cost of $5.12 to $2.50. Staff also recommends creating a new 30 gallon every- other -week trash service rate, paired with organics, which could save households an additional $7 /month (from the 90 gallon). Staff does not recommend weekly recycling collection at this time as the cost is high adding another $103,000 /year, but we will continue to encourage residents to upgrade to the 90 gallon recycling carts. The hauler will continue to provide additional carts or collections for apartments as needed at the same flat recycling rate. The contractor will also collect extra recycling material outside of the cart as well. A draft contract is included in the Council packet, which will cover a five -year period with an optional two - year extension. RECOMMENDED MOTION(S): Move to accept the proposals for Refuse and Recycling Hauling Services and award a contract to Waste Management of Minnesota based on their low, qualified, responsible proposal for an initial 5 -year contract term; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 133