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March 22, 2004 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINISTRATION Mayor Julienne lFyckoff Coltltcillltetnber$ Robert ,4. kViLliam$ Bruce NawrocM Tammera Ericson B/utce ](elzenberg City i~'lanager ICalter R. Fehst The followh~g is the agenda for the regular meeting of the City COtmcil to be held at 7:00 p.m. on Monday, March 22, 2004 in the City Council Chmr~bers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Colin=bid Heights does not discriminate on the basis of disability in the admission or access to, or treatment or II e.mpl.o...yz.nent in, its sercices, programs, or activities. Upon request, accommodation will be provided 'to allow individuals with [[ dlsa.,bi?~es to parQclpate .m all. City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are [[ avaname upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, Il to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Dave Briley, Oak Hill Baptist Church 1. CALL TO ORDER/ROLL CALl, PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations 1) Child Abuse Prevention Month P4 B) Presentations - none C) Introduction of New Employees - none D) Recogl6tion - none 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) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve the following City Council Meeting Mhmte.~! a) March 8, 2004 regular City Council meeting P5 MOTION: Move to approve the minutes of the March 8, 2004 regular City Council meeting as presented. b) March 8, 2004 Public hnprovement Hearing Zone 6 B Seal Coating P16 MOTION: Move to approve the minutes oftheMarch 8 Zone 6B Seal Coating Public lmprovelnent Hearing c) March 8, 2004 Public Improvement Hearing Zone 7 Street Reconstruction P18 MOTION: Move to approve the Zone 7 Street Reconstruction Public Improvement Hearing. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT or THE PROV S ON OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda March 22, 2004 Page 2 of 3 2) Accept Bom'ds and Commissions Meeting Mim~tes .. a) MOTION: Move to accept the February 25, 2004 minutes of the Park and Recreation Commission. P22 b) MOTION: Move to accept the March 10, 2004 minutes of the Planning and Zoning Contort. P25 c) MOTION: Move to accept the January 21, 2004 minutes of the Economic Development Authority P28 d) MOTION: Move to accept the February 2, 2004 minuets of the Economic Development Authority P32 3) 4) Establish Work Session meeting date for Monday, Mn'ch 29, 2004, beQnning at 7:00 p.m. in Conference Room 1. P35 MOTION: Move to establish a Work Session meeting date for Monday, March 29, 2004 begilming at 7:00 p.m. in Conference Room 1. Adopt Resolution No. 2004-10, being a resolution establishing Election Polling Places. P36 MOTION: Move to waive the reading of Resolution No. 2004-10, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-10, being a resolution establishing Election Polling Places. 5) Approve application for Raffle, Little Voyageurs' Montessori School, St. Thnoth¥'s Lutheran Church. P38 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gamblh~g Control Board indicating that the City of Colmnbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 5 l{~!~Avenue, Colmnbia Heights, on May25, 2004; and furthermore, that the City of Colmnbia Heights~'l~reby waives the remainder of the tlfirty-day notice to the local governing body. 6) Approve Conditional Use Permit Case #2004-0302, 4300 Central Avenue allowing a seasonal mini garden center. P48 MOTION: Move to approve the Conditional UselPernfit to allow the operation of a seasonal mini- garden center at 4300 Central Avenue from April ! 5, 2004 through July 15, 2004 subject to the following condition: .: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. 7) Approve Conditional Use Permit Case #2004-0303~ 2261 37th Ave. for a seasonal greetxhouse. P55 MOTION: Move to approve the Conditional Use Permit to allow the placement of a 21 X 48 foot seasonal greel~house for the display and sale of green and flowering plants at 2261 37th Avem~e NE from April 15, 2004 through July 15, 2004 subject to:the following condition: 1. A $500 deposit shall be submitted to tl~e Lic~!~se/Pennit Cierk prior t° the display of green and flowering plants on the site. 8) Adopt Resolution No. 2004-15, being a resolution authorizing participation in the Minnesota Office, of Justice progrmn/Juvenile Accountability Block Grant. P62 MOTION: Move to adopt Resolution No. 2004-15, being a resolution authorizing participation in the Minnesota Office of Justice program/Juvelfile Acc0tmtability Block Grant. City Council Agenda March 22, 2004 Page 3 of 3 9) Establish a Hearing date of April 12, 2004 for revocation or suspension of rental property license at 1019 37th Avenue NE P64 MOTION: Move to Establish a HemSng Date of April 12, 2004 for Revocation or Suspension of a License to Operate a Rental Property witlfin the City of Colun~bia Heights against Erika Thorn at 1019 37th Avenue N.E. 10) Approve Business License Applications P65 MOTION: Move to approve the items as listed on the business license agenda for March 22, 2004 as presented. 11) Approve Payment of Bills P67 MOTION: Move to approve payment of the bills out of the proper fm~ds as listed in the attached check register covering Check Number 107441 tlu'ough 107596 in the amount of $774,134.47 PUBLIC HEARINGS A) Adopt Resolution No. 2004-16, being a Resolution for Rental Housing Revocation at 1020 44th Avenu,, NE P75 MOTION: Move to waive the reading of Resolution No.2004-16, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-16, being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Greg Heinen regarding rental property at 1020 44th Avenue NE. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions ~ none B) Bid Considerations -none C) Other Business 1) Approve Joint Powers A,m:eement between Anoka/Champlin, Fridle¥, and Columbia Heights for th~: purchase of Self Contained Breathing Apparatus (SCBA) P78 MOTION: Move to approve the Joint Powers Agreement between the cities of AnokaYChamplin, Fridley and Columbia Heights for the joint public bidding of Self Contained Breathing Apparatus and to authorize the Mayor and City Manager to enter,into an agreement for the same. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their conuuents to five minutes.) 10. COUNCIL CORNER 11..ADJOURIN~N~/~/ Walter R. Fehst, ~ty Manager WF/pvm P. 3 CHILD ABUSE PREVENTION WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community; WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community; WHEREAS, effective child abuse prevention succeeds because of partnerships created between parents, practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the business community; WHEREAS, family-serving, youth-focused prevention programs, indicated by blue ribbons, offer positive alternatives for young people; WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing society. NOW, THEREFORE BE IT RESOLVED THAT I Julienne Wyckoff, Mayor of the City of Columbia Heights hereby proclaim April as Child Abuse Prevention Month in Columbia Heights and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. k Proclaimed this 22nd day of March 2004 by: P. 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 8, 2004 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 8, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Peter Law, Connnunity United Methodist Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councihnember Willimns, Councihnember Ericson, Councilmember Kelzenberg Excused Absence: Councilmember Nawrocki PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - none CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1) Approve Ci_ty Council Meeting Minutes for the Februa _ry 23, 2004 regular City Council meeting, Motion to approve the minutes of the February 23, 2004 regular City Council meeting as presented. 2) Accept Boards and Colmnissions Meeting Minutes a) Motion to accept the February 3, 2004 minutes of the Library Board of Trustees b) Motion to accept the February 19, 2004 minutes of the Telecormnunication Cmmnission c) Motion to accept the February 25, 2004 minutes of the Human Services Colmrfission 3) Establish Work Session meeting date for Monday, March 15, 2004, be~nning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, March 15, 2004 beginning at 7:00 p.m. in Conference Room 1. Items for the work session wouM be: Au&orize Fire Department to join with the cities of Anoka and Fridley for breathing apparatus and the distribution of the recodified City Code. This wouM bring the City Code up to date by incorporating Ordinances, wording changes, language recommended by the League of Minnesota Cities, and removing items that no longer apply. 4) Approve Board and Colmnission re-appointments effective April 1, 2004 Motion to re-appoint Nancy Hoium and Patricia Sowada to the Library Board for three year terms; David Payne and Kevin McDonald to the Park and Recreation Colmnission for two year terms; Phillip Baker and Marlaine Szurek to the Planning and Zoning Connnission for four year terms; John Hunter to the Police and Fire Civil Service Comanission for a three year term; Kenneth Henke, Bob Buboltz, Dan Swee, and Bradley Peterson to the Telecolmnunications Connnission for two year terms; and Richard Anderson to the Traffic Commission for a four year term effective April 1, 2004. P. 5 City Council Minutes March 8, 2004 Page 2 of 11 Wyckoff thanked these vohtnteers for requesting reappointment and se~nYng the City. She stated there are c~trrent openings on the Charter Commission and Human Se~wices Commission. 5) Authorization to seek bids for 2004 Miscellaneous Concrete Replacement and Installation _Project Motion to authorize staff to seek bids for the 2004 Miscellaneous Concrete Replacement and Installation Project. 6) Approve Contract with ProSource for the completion of supplemental investigation and enviromnental clean up in Phase I of the Industrial Park. Motion to approve the contract with ProSource Technologies Inc. for the completion of supplemental investigation and environmental clean up in Phase I of the Industrial Park. Funding will come from the Minnesota Department of Employment and Economic Development as outlined in fl~e grant, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the stone. This company completed the Phase I investigation of the industrial park. We are ready to work with the developer and wish to move along with the project. Grants received to do this work were listed. 7) Establish a Hearing Date of April 12, 2004 for revocation or suspension of rental property · license at 1020 44th Avenue Motion to establish a heating date of April 12, 2004 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Greg Heinen at 1020 44th Avenue N.E. 8) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for March 8, 2004. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 8, 2004 as presented. 10) Approve Pamlaent of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register coveting Check Number 107254 tln'ough 107440 in the amount of $1,118,056.34. Ericson corrected the February City Council minutes to indicate the Minnesota H~tman Rights Commission Essay Contest deadline is Febr~tary 2 7 rather than March 2 7. Ericson questioned if the Hoztsing Maintenance Code hearing to be set was also on the approved list of licenses. Fehst stated was not. Motion by Kelzenberg, second by Willian~s to approve consent agenda as corrected. All ayes. Motion carried. PUBLIC HEARINGS - none P. 6 City Council Minutes March 8, 2004 Page 3 of 1 l ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - none Bid Considerations 1) Adopt Resolution No. 2004-11, being a Resolution awarding the Joint Powers A~eement contract with the City of Coon Rapids for the 2004 Seal Coating Proiect #0301 to Allied Blacktop of Maple Grove, Minnesota, based upon their low, qualified, responsible bid in the amount of $39,410.00 to be appropriated from Fund 415-50301-5130; and Adopt Resolution No. 2004~12, being a Resolution awarding the Joint Powers Agreement contract with the City of Coon Rapids for the 2004 Street Striping proiect to United Rental Highway Technologies of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $2,878.20 with $2,438.20 to be appropriated from Fund 212-43190-4000 and $440 to be appropriated from Fund 101-43170-4000. Hansen stated we entered into a Joint Powers Agreement with seven cities for cost saving services such as seal coating and street striping. The City of Fridley has agreed to write the sl2ecifications. Prices have not gone up for seal coating and this will be a cost saving measure. Street sO'iping and pavement marking will also be at a cost savings of about forty percent. Fehst read from a memo for the record by Councihnember Nawrocki, which stated: I object to the Resolution approving the joint powers contract with Coon Rapids for the seal coating project. This work has not yet had the public hearing, which is scheduled for Tuesday the 9th. It is bad procedure to authorize the work prior to the public hearing. I~yckoff explained that this would make us a larger group and we wozdd get a better price. Hansen stated the savings is based upon the vohtme or the scale. Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution No. 2004-11, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to approve and adopt Resolution No. 2004-11 awarding the Joint Powers Agreement contract with the City of Coon Rapids for the 2004 Seal Coating Project #0301 to Allied Blacktop of Maple Grove, Minnesota, based upon their low, qualified, responsible bid in the amount of $39,410.00 to be appropriated fi.om Fund 415-50301- 5130; and award contingent upon city cotmcil upon approval of resolution 2004-13 and 2004-14 tomorrow evening approveing the seal coating process. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2004-11 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2004-2005 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2004-2005 Street Maintenance, including Columbia Heights Seal Coating Project #0301 bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Alternate Bid 1 Bidder Base Bid Granite Allied Blacktop Company $644,064.60 $599,113.35 Pearson Brothers, Inc. $691,946.50 $620,826.50 P. 7 City Council Minutes March 8, 2004 Page 4 of 11 Astech Asphalt Sm4'ace Technologies $875,708.50 $817,503.50 WHEREAS, it appears that Allied Blacktop, 10503 89th Ave. No., Maple Grove, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2004-2005 Street Maintenance Materials, according to the specifications for said project and accepting Alternate Bid 1 - Granite. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Project #0301 shall be funded 100% by assessments. Williams questioned pricing relative to the last time we did seal coating, t-Iansen stated this price is less than we paid two years ago. Motion by Kelzenberg, second by Ericson, to waive the reading of Resolution No. 2004-12, there being m~ple copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to approve and adopt Resolution No. 2004-12 awarding the Joint Powers Agreement contract with the City of Coon Rapids for the 2004 Street Striping project to United Rental Highway Technologies of Rogers, Mi~mesota, based upon their low, qualified, responsible bid in the amount of $2,878.20 with $2,438.20 to be appropriated from Fund 212-43190-4000 and $440 to be appropriated from Fund 101-43170-4000. Upon vote: All ayes. Motion carried. l~yckoff indicated the P~tblic hnprovement Hearing for the projects wouM be hem tomorrow, March 9, 2004. RESOLUTION NO. 2004-12 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2004-2005 STREET MAINTENANCE, STREET STRIPING TO UNITED RENTAL HIGHWAY TECHNOLOGIES WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2004-2005 Street Maintenance, including Columbia Heights Street Striping Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder United Rentals Highway Technologies, Inc. AAA Striping Service Company Traffic Marking Services Base Bid $34,507.20 $53,532.00 $53,731.80 WHEREAS, it appears that United Rentals Highway Technologies, Inc., 14280 James Road, Rogers, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Coon Rapids is hereby authorized to enter into a contract with United Rentals Highway Technologies, Inc. on behalf of the City of Cokunbia Heights for 2004-2005 Street Maintenance Materials, according to the specifications for said project and accepting Traffic Markings Base Bid. P. 8 City Council Minutes March 8, 2004 Page 5 of 11 The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. Hanson stated that the Public Im12rovement hearing would be the following evening at 6.'30 t2. m. for Zone 6 seal coating and 7.'0012. m. for Zone 7A for street im12rovements. 11) Authorize the Capital Equipment Replacement of Unit #125 and purchase of a Ford F-350 4xd pick up truck equipped with a Tommy Lift Gate and 8 foot Western Snow Plow Kevin Hanson, Public l/Vorks Director; indicated these three vehicles are ca12ital equi12ment re121acement12urchases, and are in the budget. Unit #125 will be traded down to the Park De12artment and result in the sale of an older unit. This vehicle is quoted with a rear lift gate and 12low package. Fehst read from a memo for the record by Councihnember Nawrocki, which stated: Regarding the authorization of purchase for a Ford F-350 pickup truck, a Ford F-250 Cargo Van, and a Dodge F-250 3A Crew Cab; I do not believe that we have actually authorized a call for bids for these pieces of equipment and purchasing in this manner would, in my view, violate normal process for purchase of City equipment. Fehst stated this is normal procedure. Discussion at a work session was not possible, so the item was placed on the agenda for discussion. We have a depreciation fitnd and these items are budgeted, l/Vyckoff stated this does not go against the City Charter. Fehst stated these are operation and maintenance items, tVyckoff invited Steve Synowczynski, Public l/Vorks Shot2 Foreman to s12eak. Synowczynski stated the objective is to keep up our fleet and to continue use of these vehicles in a lesser capacity in another department. These vehicles are chosen for their versatility. Wyckoff stated that the amount is about $5,000 under budget. Kelzenbe~ questioned the need for a lift gate. Hansen indicated this relieves lifting 70 to 80 pound items by allowing them to be rolled onto the lowered lift gate. Williams stated that the difference between the high and low bids is $2,600, indicating that staff did their job to find the best deal possible. Motion by Willimns, second by Kelzenberg, to authorize the replacement of Unit #125 and purchase one (1) new Ford F-350 4x4 pickup truck fi'om Elk River Ford in the amount of $17,716 plus sales tax; and lift-gate and plow package fi'om Aspen Equipment in the amount of $5,067, plus sales tax. Funding shall be equally fi'om the Sewer and Water Capital Equipment Replacement Fund 432-49450 and 433-49430-5150. Upon vote: All ayes: Motion carried. 12) Authorize the Capital Equipment Replacement of Unit #130 and purchase ora Ford F-250 Car~o Van Hansen stated that this van is nine years old, with heavy daily usage. This vehicle was budgeted at $50,000 and the bid was less. This was not bid with shelving. Unit #130 will also be transferred down to the Park Department to re12lace the current 20 year old van they have. l/gilliams indicated that this vehicle came in $3,800 under budget. P. 9 City Council Minutes March 8, 2004 Page 6 of 11 Motion by Kelzenberg, second by Williams, to authorize the replacement of Unit #130 and purchase of one (1) new Ford F-250 Cargo Van from Supehor Ford in the amount of $14,975.00, plus sales tax. Funding shall be equally fi'om the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 and 433-49430-5150. Upon vote: All ayes. Motion carried. 13) Authorize the Capital Equipment Replacement of Unit #220, and purchase of a 1992 Ford F-250 4 x 2 pick-up truck equipped with a Tolmu¥ Lift Gate Hansen stated that Unit #220 is in the Park Department and operated by the Park Foreman. It would be kept in the department, but moved down the line. The new vehicle would have a crew cab to help transport summer help. Wyckoff stated that the budgeted amount was $38,000 and the motion is $! 7,832for the vehicle and $1,540 for the lift gate. Motion by Ericson, second by Willimns, to authorize the replacement of Unit #220 with one (1) new Ford F-250 Crew Cab from Elk River Ford in the amount of $17,832.00, plus sales tax and to authorize the purchase of one (1) Tommy Lift Gate from Aspen Equipment in the mnount of $1,540.00, plus sales tax. Funding shall be from the Parks Capital Equipment Replacement Fund. Upon vote: All ayes. Motion carried. 14) Award proposal for Industrial Area Parkway and Infrastructure Feasibility Report. Fehst read from a memo for the record by Councilmember Nawrocki, which stated: I object to the acceptance of a proposal from SEH for the Industrial Area Parkway and Infrastructure Engineering RepOrt based on their proposal of Februm-y 12, because I don't believe the Council has actually approved the concept plans for that possible development. I believe we need to hold some public hearings before we do this and to formally authorize the call for solicitation of proposals from consultants for this work before we move ahead with somethh~g like this. I believe that the acceptance of this proposal at this point violates nonual procedure for seeking and awarding bids for consulting services. Fehst responded by indicating Council acceptance of the concept plan in dune of 2003. This is the feasibility report, included in the grant we received from the Metropolitan Council and it would be fraud~dent to not use the money for the purpose requested. We have worked with this firm many times, and made it clear to the Council and the public that if this project can be built, we want it to be top rate, drain properly, look good, an be well forested. This is a feasibility report only to demonstrate what this might look like. Wyckoff stated that we are looking at where road plans could or should be. Hansen stated that three proposals were received. We are loo]a'ngfor a feasibility study or engineering study of our industrial area to construct a parkway though this area. ~e must see if our infi'astructure can handle development in this area and a traffic study to find the impact on our roads and intersection alignments. SEH is being recommended as they have the best overall understanding of the l~roject. This is a State Aid roadway. The total cost would be $55,600 using the $50,000 grant. Fehst reminded Council of their commitment one and one-half years ago to make redevelopment of the industrial area the City's number one priority. Shaffer/Richardson owns the majority of this portion of property. Fehst referred to the fimds obtained for this project. P. 10 City Council Minutes March 8, 2004 Page 7 of 11 Wyckoff asked if this is premature. Randy Schumacher, Assistant Community Development Director; stated this is Phase One of the project, south of the park., which was approved last June and left open to development. We received a preliminary site plan last Thursday, which inchtdes residential and 13, 000 square feet of industrial space. The feasibility report will answer many questions at the time of platting. Wyckoff referred to a newspaper article about Shaffer/ Richardson. Williams questioned wiry staff recommended SEH, as they are the highest bidder. Hansen referv-ed to hours spent on the project and indicted that SEH will cover 100 more hours than the other bidders, to insure the necessary infi'astructure will be there for future development. They completed a detailed proposal and were the best response to what we asked for. The cost difference for the additional JO0 hours wouM be $2,000. Hansen indicated that SEH also proposed ten additional soil borings including the ponding areas, which no other ftrm included. Wyckoff stated that we did receive a grant to do this, but we also want to be fi'ugal with the money. Fehst stated that this road is a major part of the project development and we want it to look good. Williams referred to the additional soil borings to be completed by SEH, but questioned the difference in hours to be worked. Hansen indicated that additional time would allow for a better end product. Wyckoff referred to the criteria points of the bidding process. Fehst stated that we are not attempting to spend the maximum of the grant, but attempting to get tire most for our money. $chumacher indicated that SEH has a good understanding of what is needed and that is important to this project. Council is looMng for a high quality project and the roadway is a key element. Motion by Ericson, second by Kelzenberg, to accept the proposal from SEH for the Industrial Area Parkway and Infrastructure Feasibility Study based upon their proposal dated February 12, 2004, and accepting optional work tasks A, B, and C, in an amount not-to-exceed $55,600; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Other Business Consideration Sanitary Sewer Assistance Policy for Initial Cleanup of Sanitary Sewer Backups and cost sharing for backwater valves. Les Cries wished to address the Council. Fehst stated that Mr. Chics' concerns refer to storm water capacity. A report has been completed by Bonestroo and he indicated that Mr. Chics should discuss the report with the consultant and staff. Hansen stated this policy wouM address providing monetary assistance with clean up when there is a sanitary sewer back up into private homes. Therefore, when something happens in the public system to cause backup into a private system, the City would offer' up to $500 for each occurrence per property, toward a clean up contractor for water extraction, disinfectant, and reimbursement of the insurance deductible. Over the last four years we have had 15 to 20 such back ups per year. This would also address some monetary assistance for purchase of baclneater valves for those in the drackson Pond area, with two occurrences in five years or three hz ten years. P. 11 City Council Minutes March 8, 2004 Page 8 of 11 Hansen indicated that research through the League of MN Cities found only the City of Fridley has an unwritten policy that helps residents in sewer bac~s. Ericson asked if Fridley limits their assistance. Hansen stated in past there was a $300 cap. Fehst indicated that the $500 is not meant to cover the entire cleanup expense, but for safety reasons, to allow clean up to begin. Fehst referred to the January bac~tp on Madison Street that was created by a private company cleaning a private service. Wyckoff stated that City staff would not handle cleanups. Jim Hoefi, City Attorney, indicated he has reviewed the policy, but stated that fi,om a legal standpoint the City does not have to do this. While understanding the desire to compromise and lend assistance, he stated that this is written as a policy and that there would be monetary consequences for the City. V~yckoff read portions of the proposed Sewer Backup Cleanup Assistance Policy. Hoeft stated the initial process would be for the City to make the determ#~ation of where the blockage occurred. If the blockage is fi'om the home 's private line this policy will not apply. Ericson asked for an explanation of how the City determines the cause of the problem. Hansen explained the system connections and City crew response and determination. He stated that the homeowner is responsible for the line fi~om the home to the connection at the main. Ericson indicated that when the bac~tp is in the public line we are responsible, if the line has not been properly maintained. Wyckoff read the proposed policy description of hfftial clean up. Hansen stated t/se wording is based on Fridley's Service Master contract. Williams stated this wouM be for fitture bac~tps, not past. Fehst indicated there was a recent occurrence where this policy would apply. Wyckoff questioned the number of backups prior to requi~qng installation of a baclcup valve. Hansen stated this would not be an expectation. Fehst referred to the baclatp in January caused by a third party cleaning pipes, which blocked the lines. He referred to Section 5.4 of the proposed policy, which would require the contractor or subcontractor responsible for the sanitary sewer backup to reimburse the City for cleanup costs and staff time. Hansen indicated that the Public Works Department did not receive notice of the work prior to the cleanout. Ericson agreed that some people do not Imow to inform the city they are having this done. Fehst suggested a fi'ee pe~wfft so we can be made aware of anticipated cleanouts. Wyckoff asked if we have a list of the contractors. Hansen stated that we do not have such a list. Wyckoff read section 5.5, which indicates that backups caused by flood or o&er catastrophic acts of God are not covered. Williams stated that would #,clude bac~tps like in the Jackson pond area last sun~melh Ericson questioned the Jackson pond baclcup last year. Hansen stated that would not have been included. VZyckoff questioned private illegal connects to the system. Hoefi stated that was not determined to be the cause. The city has no control over that type of situation, and therefore State law protects the City. Hoeft stated it is not prudent to cover catastrophic events. Fehst state those residents with two problems within five years would be allowed to receive $500 toward a backwater valve and installation. Hansen stated that residents in that area would be informed of this option. Wyckoff indicated that backup alarms are also available. Ericson stated that would only be triggered once the backup is occurring.. Hoefi reminded Council that any policy wouM need to apply to everyone equally. P. 12 City Council Minutes March 8, 2004 Page 9 of 11 Wyckoff questioned consequences if the cleaning of one neighbors lines caused another's to backup. Fehst stated that would be a civil suit. This policy would leave us faultless. Ericson stated that under this poRcy we would simply be reimbursing a professional cleaning se~wice. Hoeft indicated yes, we would not reimburse them for personal cleanup. Kelzenberg stated that usually a policy doesn't start until after it is adopted. He questioned licensing the companies. Hansen stated that we would just like to know they are doing the work so we can check the lines following their work. Wyckoff questioned if the homes that backed up in January would qualify for the clean up fimd and for the backup valve. Fehst stated they would not qualify for the valve. Wyckoff questioned reimbursement if the family does the clean stp. Hansen indicated the policy wouM not cover homeowner clean up. Ericson stated it is important to make it clear that the work would need to be done by a cleaning service. She stated that the four current claims did use a cleaning service. Chies again refe~wed to his water problem. Jeff Vachuska, 4930 Madison, spoke of &e January 28, 2004 backup of sewer water in his basement and other homes in the area. Tire City was called immediately and responded quickly. After one and one-half hours staff had cleared the blockage of debris and tree roots. It was suggested they call Service Master. The City's insurance agency was contacted, came out and tookpictures and said residents would be notified. The insurance company denied the claims because the City had properly maintained the line. Vachuska referred to a discrepancy on the date the line was last cleaned. Hoeft indicated this was not the place to discuss this claim, and residents can take whatever action they feel necessary. Jim Johnson, 4926 Madison Street, stated that he made the initial call to tlre City, which took an hour for a response. He indicated the problems and the cost for his clean up, and that he cannot understand why no one will take responsibility. The $500 is a nice gesture, but overall, does nothing. There should be an ordinance that homeowners must notify the City prior to cleaning their lines. Kathy Johnson asked where they can go for help. Hoeft stated the options are a private course of action. She indicated the $500 is inadequate. Fehst reiterated that the residents of the January 28t~ incident feel the City is responsible and that the City Attorney advises this not be discussed in this forum. But now that the City is looMng at an assistance policy, residents feel the policy is an insult. Fehst suggested tabling this issue for fitrther discussion. He stated that the League of MN Cities advised the City be very guarded on establishing a good will gesture. Ericson hrdicated that we do trot want residents to think the policy is being established because of this last incident. Wyckoff agreed with waiting on the clean stp assistance policy, but recommended goingfotn42ard with the assistance to purchase the baclm,ater valve. Maureen Vachuska, 4930 Madison, stated that &e $500 would help and referred to the assistance given by the City of Fridley in t,Sese situations. Scott Jester, 4921 Madison Street, stated he had $3,000 in damage, and if he had lmown you need an insurance rider to cover this, he would have purchased one. He advised residents purchase this rider P. 13 City Council Minutes March 8, 2004 Page 10 of I 1 on their homeowners policy. The $500 offered is not a slap in the face, but is not enough. Fehst stated that action against the contractor is being considered. Ericson suggested a letter be sent to concerned parties indicating that the City is considering such a policy. Motion by Willimus, second by Kelzenberg, to table consideration of a Sanitary Sewer Assistance Policy. Wyckoff asked Mr. Chies to arrange a private discussion with staff regarding his concerns. Chies indicated that the City has had two week's to contact him and has not. Fehst suggested allowing Mr. Chies to speak under Citizen Forum and indicated that he was sent information regarding his concerns. Fehst recommended Mr. Chies speak to the engineers that studied the problem. ADMINISTRATIVE REPORTS Report of the City Mm~ager Fehst stated that the Sanita~y Sewer Assistance Policy would be discussed at a fitture work session. Report of the City Attorney- none CITIZENS FORUM Les Chies, 1530 Rice Creek Road, Fridley, said he has tried to discztss the drainage at his apartments in Columbia Heights with the City Manager and City Engineer. Fehst referred to Mr. Chies' comments about throwing the Engineer's report into the garbage. Chies indicated that the report does not address the problem of the City storm sewer line being hooked to his sto~w~ sewer line and now water is draining into his buildings. LaBelle Park is being drained through his area. Fehst recommended that Mr. Chies meet with Staff and Bonestroo to discuss the findings of the report. Ericson asked Mr. Chies what he wanted from the City. Chies indicated he wants someone to show him what the City is going to do, and it better not be to recommend a holding pond in his baclcyard. Wyckoff asked Mr. Chies to sit with staff and the engineers and discuss this. Fehst stated he would call Mr. Chies the following day to set up this meeting. COUNCIL CORNER Kelzenberg Decisions made in the past leave us in the last century or we would have a cormnunity center in our town. A new liquor store should have been built in the past, as we are paying $130,000 to rent space. We are now paying $5,000,000 on Parkview because payments were put off. We should build a cormnunity center so in 20 years we are not still saying, "why don't we have a coimnunity center". · Regarding the Sanitary Sewer Policy - the $500 was a gesture of kindness. Williams · Pray for the peace, health, and prosperity of our city. P. 14 City Council Minutes Mamh 8, 2004 Page 11 of 11 We must be proactive, and depend upon staffto direct and guide us; yet we sympathize with our residents. The Taste of Heights will be March 28th at Murzyn Hall. The Sister Cities Spaghetti Benefit Supper will be March 20th at Murzyn Hall There will be a walk through of the NEI building at 2:00 p.m. tomolTOW. Ericson * Spoke of the joint meeting with the School Board, working together on colmllunity needs. A strong City makes a strong School District and a strong School District make a strong City. · The Values First value for March is Integrity (honesty and sincerity). Wvckoff · Thursday, March 11 is the Empty Bowls fund raiser at the Fridley Colranunity Center, in honor of the needy. · Thursday, March 18 is the Police and Fire Fighter Appreciation Night, sponsored by BBW, Ollies Catering, IPC Printing. All donations are to be divided equally between the two departments. · March 20th is the Sister Cities Spaghetti dinner and silent auction. The sponsor is Jeff's Bob and Steve's Autoworld. Proceeds will be used to purchase chairs from the Wheel Chairs for Peace Foundation. · March 25th at 5:30 p.m. the Columbia Heights Historical Society will meet at the Dragon House. · On Saturday, March 27th Rising To New Heights will host theh' Second Annual Housing Fair fi'om 10:00 a.m. to 3:00 p.m. · Sunday, March 28th is the Taste of Heights. Tickets are $2.50 per smnple with $.50 going to SACA; there will be a wine tasting. There will be American foods, as there is a need for diversity both ways. · The perfect location for a cmmnunity center/library/city would be the NEI site. We need to make Columbia Heights shine and attract residents. Two students came forward to introduce themselves. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:43 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 15 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL CITY COUNCIL MEETING MARCH 8, 2004 The following at'e the minutes of a special meeting for the Public hnprovement Hearing of the City Council held at 6:30 p.m. on Tuesday, March 9, 2004 in the City Cotmcil Chambers, City Hall, 590 40th Avenue N.E., Colurnbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 6:43 p.m. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Ericson, Councihnember Kelzenberg Excused Absence: Councilmember Nawu'ocld PUBLIC IMPROVEMENT HEARING: 2004 STREET SEAL COAT PROGRAM FOR ZONE 6 A) Project Information 1) Presentation of Information on Street Seal Coat Projects by Staff Kevin Hansen, Public Works Director, stated this hearing is regarding Zone 6 Seal Coating, for streets that have not been reconstructed. He listed the affected addresses. Repah-s will be made to the street and damaged concrete curb mad gutter. Hansen explained the seal coating process. This is one of the four ta'eatment types in the street rehabilitation program. The total estimated cost is $132,000, which is assessed with no overhead added, just construction costs. Street rate assessments would be $207 and avenue rate assessments would be $69 per milt. The work would begin in approxhuately July. The assessment hearing for actual costs would be in October. The amounts given tonight could not increase, only decrease. Hansen explained the avenue rate. He stated that the purpose of this hearing is for the City Council to take testimony, and decide whether to proceed with the project. Interest rates are not set tonight. 2) Wyckoff asked for an explanation of the joint powers agreement and the cost in prior years. Hansen stated that we typically bid this work ont. This year some cities in )moka County looked at a cooperative agreement to save money with a collective bid. With this agreement, prices for Columbia Heights at'e aborn five percent less than previously received. Questions and Cormnents on Street Seal Coat Projects Irdm Hansen, 4205 6th Street, questioned further street rehab in tiffs at'ea. Hansen stated that streets are evaluated on an eight year cycle. The streets in Zone 6 and 7 are some of the oldest in town and requh'e the largest amount ofrehab. Hansen indicated that the City contributes a substantial atuount of money to these projects. Lisa Tenhoff, 4039 Madison, questioned the construction last surmner and the drainage problem at 41st at:rd Madison. Hansen stated that we are awm'e of three such intersections,. We have not paid for tiffs work, and the contractor will correct and repair the.problem this spring. B) Close the Public Hearing Wyckoff closed the Public Hearing on the 2004 Street Seal Coat Project #30i. ¢) Consideration of Resolution Motion by Kelzenberg, second by Williat~s, to waive the reading of Resolntion No. 2004-14, there being ample copies available to the public. Upon vote:'Al! ayes. Motion carried. City Council Agenda March 9, 2004 Page 2 0£2 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2004-14, being resolutions orderh~g improvements for Zone 6 Street Seal Coat. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2004-14 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 6 SEAL COATING CITY PROJECT 0301 WHEREAS, pursuant to Resolution 2004-06, adopted by the City Council on February 9, 2004, fixed a date for a Council hearing on the proposed improvements bounded on Central Avenue on the east, 40th Avenue on the south, University Avenue Service Dhve on the west, 44a' Avenue on the north and 45th Avenue from University AvenUe Smwice Drive to 5a~ Street, AND WHEREAS, ten days' mailed notice and two published notice of the hearing a week apart was given, and the hearing was held thereon the 9t~ day of March, 2004, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council dete~u~_ines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: 4th Street, 40th to 44th Avenues 5~ Street, 40th to 44th Avenues 6*~ Street, 404 to 44th Avenues . Jackson Street, 40th to 41st Avenues 41st Avenue, 4th Street to Central Avenue 42nd Avenue, University Avenues Service Drive to Central Avenue 43rd Avenue, 4t~ Street to Central Avenue 45~ Avenue, University Avenue Service Drive to 5th Street '~ Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat apphcation: Such huaprovement is necessary, cost-effective and feasible as detailed, in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted 9th day of Febmm'y, 2004. 4. These improvements shall also be known as P.I.R. #1078 - Project No. 0301 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making o.f such improvement. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 7:02 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 17 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL CITY COUNCIL MEETING MARCH 8, 2004 The following are the minutes of a special meeting for the Public hr~provement Hearing of the City Conncil held at 7:00 p.m. on Tuesday, March 9, 2004 in the City Cotmcil Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN ~CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:05 p.m. Present: Mayor Wyckoff, Councilmember Willimns, Cotmcihnember Ericson, Councilmember Kelzenberg Excused Absence: Councilmember Nawrocld PUBLIC IMPROVEMENT HEARING: 2004 STREET REHABILITATION PROGRAM FOR ZONE 7A Full Street Reconstruction Projects 1) Presentation of Information on Street Reconstruction Projects by Staff Kevin Hansen, Public Works Director, reviewed the. agenda for the meeting. He stated that there was an informational meeting held last Wednesday ~fight and he will address questions from that meeting. The purpose of this meeting is for the City Cmmcil to deternfine if this work is necessary and to order the work to be done. Hansen listed the streets to be hnproved and described the process of street reconstruction. He explained the process of assessing necessary street repair in the prior year. Hansen stated that the sanitary sewer is in very good shape, but the storm sewer needs work in these areas. Repairs will be requh'ed to the water mains installed from 1913 to 1918. Lead jointed points will need to be replaced. There will be tree remo.val done in the whole project area, along with requested tree replacement. Any hazardous sidewalks will be replaced. Hansen stated there was a question regm'ding the lot at 3942 Van Buren. This was a heavily flooded area that was pm'chased by the City and will be demolished. Hansen indicated that areas older than 1952 are suspect for galvanized or smaller water pipes, which would need to be replaced. The homeowa~er is responsible for the water service from the house to the street and this work does not include replacement to the home. Determination of required replacement will be at the thue of reconstruct. Hansen referred to problems with connections to the sanitary sewer main and disjointing from the main. The estimated cost for street rehab iS $1.35 million. That is a shared cost between the city and property owner. All the utility work is paid for except the sm~itary and storm sewer costs. The cost estimate for each residential homeowner is $2,550. The actual cost will be determined based on the construction cost. State law requires that the final cost cannot be higher than the estimated cost. Hansen indicated that following Council approval, bids would be let, and another public meeting would be held, with work beghufing about the end.of May and lasting throughout the smmner. Everyone would be given notice of the assessment hearing in mid-October. Hansen refen'ed to questions fi'om the public meeting: the gas company will replace the gas main, the storm sewer line at 3942 Van Buren can be accessed tlu'ough a boring process, sidewalks are replaced only if in unsatisfactory condition, trees would be replaced if requested. Hansen stated that access dm'ing construction would be limited. ~8t axtailable to homeowners from 7:00 p.m. to 7:00 City Council Agenda March 9, 2004 Page 2 of 4 a.m. Discussion has included temporarily changing:the~one way alley between Jackson and Van Buren to a two way alley for resident convenience.: Hansen stated that project costs are only based on construction costs. We bond for the project with engineering costs assumed by the city. Residential property is subsidized on a 50/50 basis. That does not apply to non-single family structures, as per city policy. Hm~sen stated that the assessment methodology is the same as for prior projects, with assessments placed on the property taxes. The repayment period for full reconstruction is 15 years. Wyckoff questioned if there is any charge by CenterPoint Energy. Hansen stated the replacelnent is at no cost to the resident. If there were a question on meters, residents would need to talk to the company. Wyckoff questioned water shut offs during the project. Hansen stated that residents would be give 24 hours notice and service interruptions may be four to eight hours. Wyckoffindicated that the cost is esthnated, cannot be higher, and have been historically lower. 2) Williams indicated that property assessments must raise the property value by the amount charged. Hansen explained that property values must increase by equal or greater than the amom~t assessed. Kelzenberg indicated his pleasure that this area would be hnproved. Willimns referred to waterlines from the street to each home. Hansen again referred to the homes that may require a water service replacement. Questions and Comments on Street Reconstruction Projects Ms. Miller, 720 38th, suggested a dip in the lot at 3942 Van Buren to temporarily hold excess water. Hansen stated the intent is to allow a dip for water..nmoff. Miller referred to being charged the $2,550 reconstruction fee and $1,200 water service fee. Hansen stated that the water service fee would only be charged to the lots that do not meet code. Bill Johmmeck, 3713 Van Buren, referred to vehicles speeding on his street and alley, m~d requested speed bumps be installed during construction. Wyckoff indicated that staff should refer this item to the Traffic Commission for review. Kelzenberg stated that he is the Cotmcil liaison to the Traffic Co~muission and indicated that a speed bump would not be approved. Hansen suggested this should also be refen'ed to the Police Department for traffic Control. Don Mikre, 3855 and 3709 Jackson, stated that a seven percent interest rate is high compared to cun'ent rates. Hansen stated that the City Conncil sets the interest rate at the assessment heating in October. Ericson questioned what the rate was last Year. Hansen stated that the rate last year was five percent. Fehst indicated that he has spoken to Mr. Mirke's father regarding the proposed project. John Tester, 3829 Quincy, questioned if a cement walk would go from the street to the sidewalk in front of each house. Hansen stated that in full reconstruction areas an~ approach walk is placed from the back of curb to the sidewalk. Steve Englnnd, 3975 Jackson, stated this is his th/rd assessment in the ~zine years he has lived here, fn'st for a parlcing pad, and then the alley. This is extreme and he will be forced to sell his home. Hansen described the alley project completed in 1999, which was snbsidized by the city. Fehst refen'ed to other occul-rences where residents were assessed for alley and street work. Williams indicated the hnprovements would increase the property value. Williams stated that interest rates were low last year and may be so again tiffs year. Hal~sen stated that the alley work was $1,200 to residents and adjacent commercial propertip. 19rid $2,900 for the ten year assessment. City Council Agenda March 9, 2004 Page 3 of 4 Miller felt her property would need the sewer replacement also. Hansen stated through televising we found disjointing and he could research her property in the records. Jeff Hage, representing 715-717 39th Avelme and 3856 Quincy Street, stated theft' parking lot was established to help the neighborhood and does not uS~' any of the utilities involved. He did not agq'ee with being charged a con'nnercial rate. The cost to tl~ein as non-residential would be $14,075 and is tmfair. He did not believe the property value would increase at all. Hansen stated that use of the property is in'elevant by State law. Church parking lots are treated in the stone manner. Our own pm'king lot is being charged $29,000. Hansen stated that 39th is a State Aid roadway, and for the prior 35 yem's has not been assessed. Williams asked how we anSve at the non-residential rate. Hansen stated that the rate is the actual construction cost, with the only subsidy being no charge for engineering or surveying. Wyckoff asked if residents or businesses could use the contracted prices for other work. Hansen stated the pricing is passed along for other improvements, such as driveways, through unit pricing. Miller spoke on lVh'. Hage's behalf regarding 39t!~ Avenue. Hansen stated the charge is an avenue rate for work on an adjacent street. Ericson stated that the Council deals with individual concerns at the assessment heating. Hansen stated that the case has been presented, we will look at the situation, but would need to consider past practice. Wyckoff asked if there is a ctu-b cut on the Quincy side of the parking lot. Hage stated there was not, and he haSlPlanted gq'ass and trees to match the other yards. . '. Dave Dvorak, 3935 Van Buren, ·questioned if there Would be a new ch'ain. Hansen indicated yes. Dvorak stated there is a lot of traffic on his street that should not be on residential streets, such as buses and semis. He asked if the weight placed on the road is considered during reconstruction. Hansen stated the roads are designed to handle garbage trucks and bus traffic. Dvorak asked if the street could be posted with a weight lhnit. Kathy Young, Assistant City Engineer, indicated this was ah'eady posted. Hansen stated this could also be refen'ed to the Traffic Co~mnission. Dvorak asked if the sidewalks lifted by tree roots would be replaced: Hansen stated they would. B) Close the Public Hearing Wyckoff closed the Public Heating on the 2004 Street Rehabilitation Project # 0402. C) Consideration of Resolution l) Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No.2004-13, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt'Resolution No. 2004-13, being a resolution ordering improvements for Zone 7A Street Rehabilitation. Upon vote: All ayes. Motion carried. ! RESOLUTION 2004-i3 · BEING A RESOLUTION ORDERING IMPROVEMENT AND THE PREPARATION OF PLANS FOR ZONE 7A STREET REHABILITIATION CITY'ISR©JECT 0402 WHEREAS, Resolution 2004-07 of the Columbia Heights City Council adopted the 9m day o£Febmary, 2004, £Lxed a date for a Council hearing on the proposed hnprovement bounded on Central Avenue on the east,37~ Avenue on the south, University' ' Avenue Service Road on the west, and 40th Avenue on the north, and 7th Street fi'om 40th Avenueto 42"d Avenue, AND WHEREAS, ten days' mailed notice and two published notice of the hearing a week apart was given, and the hearing was held thereon the 9~ day of March, 2004, at which all persons desiring to be heard were given an opportunity to be heard thereon. P. 20 City Council Agenda March 9, 2004 Page 4 of 4 WI-IEREAS, the Council detenrfines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Full street reconstruction of 7~' Street, 40"~ to 42nd Avenues, Quincy Street, 37o' to 39th Avenues, Quincy Street south of 40th Avenue, Jackson Street, 37m to 40~ Avenues and Van Buren Street, 37~' to 40th Avenues. Work includes required utility reconstruction, new granular sub-base ffneeded, new aggregate base, new concrete cm'b and gutter with ch'iveway aprons, requfl'ed water service replacement and sanitm-y sewer service repair, required concrete or bituminous driveway and walkYstep replacement, sod restoration, miscellaneous construction items, and appurtenances. 3. 4. 5. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted 9th day of February, 2004. These improvements shall also be lmown as P.I.R. #1083 - Project 0402. The City Engineer, Kevin Hansen, is hereby designated as the 'engineer for this improvement. The engineer shall prepare plans and specifications for the malting of such improvement. Hansen stated that residents would receive a notice regarding the pre-construction process fl~ May. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 8:25 p.m. Pata-icia Muscovitz, CMC Deputy City ClerldCouncil Secretary P. 21 City o~ Columbia Hei~ht~ P~rk aml Recreation Commission February 25, 2004 The meeting was called to order by Jerry Foss at 6:30 p.m. ROLL CALL Members present: Jerry Foss; Tom Greenhalgh; David Payne; Marsha Stroik; Kevin McDonald; Keith Windschitl, Recreation Director Also present: None Excused Absent: Eileen Evans; Bruce Kelzenberg; Gary Mayer; Kevin Hansen, Public Works Dh'ector/City Engineer Absent: None APPROVAL CONSENT AGENDA Commission Member, Marsha Stroik, asked if page 2 of the January 2004 minutes were accurate by reading $4-60k per lot. The accurate reading is $40-60k per lot. This change has been made to the January 2004 minutes. Motion to approve consent agenda by Greenhalgh; second by Payne. All ayes, motion carried. LETTERS AND REQUESTS REQUEST FEES WAIVED FOR THE TASTE OF HEIGHTS Commission Member, Jerry Foss, informed the Commission of the request for fees waived for the Taste of Heights to be held at JPM on Sunday, March 28, 2004 from 4:00 - 8:00 p.m. Recreation Director, Keith Windschitl, stated that part of the proceeds would go back to S.A.C.A. Jerry Foss noted that in past Taste of Heights, not every ethnic restaurant has been allowed to participate. This year restaurants need to apply. Motion by Gree~thalgh, second by McDonald to waive the entire fees for the Taste of Heights. All ayes, motion carded. REQUEST FEES WAIVED FOR THE COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST Recreation Director, Keith Windschitl, info,u-ned the Commission of the request for fees waived for the Columbia Heights Community Prayer Brealcfast to be held at JPM on Wednesday, May 12, 2004. Commission Member, David Payne; asked the start time of this event. It will run from 7:00 - 9:00 a.m. Commission Member, Marsha Stroik, asked how the event is funded. Keith Windschitl indicated that it is $20 per ticket and has been fully attended in years past. Motion by Greenhalgh, second by Payne to waive fees P. 22 PAGE TWO entirely for the Columbia Heights Community Prayer Brealcfast. All ayes, motion catTied. OLD BUSINESS There is no old business at this time. NEW BUSINESS There is no new business at this time. REPORTS RECREATION DIRECTOR Recreation Director, Keith Windschitl, indicated that JPM has been having problems with roof leakage and ice eves. Steaming of the roof has been done on several occasions, all though that does not cure the problem. Eventually JPM will need another roof built over the current roof with venting between roofs. He is currently looking at roof options. Recreation Director, Keith Windschitl, informed the Commission of the meeting between the School Board and City Council. With the loss of N-E1, lack of gym space has increased. A sub-committee has been set up to look at gym space options. A needs assessment of gym space would need to be done. Different options are being looked at, including a joint cooperation between the City and the School District. Commission Member, Jerry Foss, asked if a partnership forms, who would be in charge. Keith Windschitl stated it is undetermined at this point. Mike Peterson, School Board Member, will spear head this task force. Recreation Director, Keith Windschitl, informed the Commission that the Recreation Department has committed $500 to go for new backboards at CMS. The Basketball Association is committing $500 and the School is committing $1000. The old backboards from NEI will also be used at the Middle School. COMMISSION MEMBERS Commission Member, Marsha Stroik, asked if the original approved Kmart plans have been put on hold. Recreation Dh'ector, Keith Windschitl, stated that they are moving forward. The Kmart building is to be torn down this spring or early summer. Commission Member, Jerry Foss, asked what the status is of the Huset Park Master Plan. Recreation Director, Keith Windschitl, informed the Comrnission that cmTently alternative plans are being worked on and we hope to have another neighborhood meeting within the next month. P. 23 PAGE THREE ADJOURN1V[ENT Meeting adjourned at 7:15 p.m. Tina Foss, Park and Recreation Commission Secretary P. 24 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 10, 2004 7:00 PM The meeting was called to order at 7:09 pm by Chairperson, Ted Yeble. Roll Call: Commission Members present-Peterson, Szurek, Schmitt, Baker, and Yehle. Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Bobby Williams (Council Liaison). Motion by Peterson, seconded by Baker, to approve the minutes fi'om the meeting of January 6, 2004. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2004-0302 Linder's Greenhouse 4300 Central Avenue Conditional Use Permit Mr. Peter Linder of Linder's Greenhouses Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" in the east parking lot of Central Value Mall at 4300 Central Avenue, fi.om April 15, 2004 through July 15, 2004. This is the 15th year Linder's will operate their greenhouse sales in Columbia Heights. The properties to the north and south of the subject parcel are zoned LB, Limited Business and are used commercially. The property across Central Avenue to the east is zoned GB, Retail Business and is used commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential and is used residentially. Section 9.607 1-E of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. All of the conditions cited in the Zoning Ordinance for a Conditional Use Permit have been met. These were detailed in the staff report as part of the agenda packet. The site plan and configuration remain unchanged fi.om previous years, and will have an impact on about 30 parking spaces. The Fire Department has reviewed the proposal and has expressed no concerns. The proposal is consistent with the intent of the City's Comprehensive Plan. Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures on the site to ensure the removal at the end of the approved time period. Motion by Baker, Seconded by Peterson, to recommend approval of the Conditional Use Permit to allow the operation of a temporary mini-garden center in the easterly portion of the parking lot at 4300 Central Ave from April 15 through July 15, 2004 subject to the following conditions: A $500 deposit shall be sub~nitted to the License/Permit Clerkprior to installation of the structures on the site. All Ayes. MOTION PASSED. P. 25 PLANN1NG & ZONING COMMISSION MINUTES MARCH 10, 2004 PAGE 2 Case 2004-0303 Ace Hardware (Frattalone's) 2261 37th Avenue NE Conditional Use Permit Frattallone's Ace Hardware is requesting a Conditional Use Permit to allow for the placement of a tent measuring 21 x 48 feet for the display and sale of green and flowering plants from April 15 through July 15, 2004. The display is to be located on the southeast side of the parking lot at 2261 37th Ave NE. Approximately seven (7) parking spaces will be used for tent sales in the parking lot of the Ace Hardware store. The subject parcel is zoned GB, General Business as are the properties to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both GB, General Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned GB, General Business. The proposed use will continue to be consistent with the character of the surrounding property and will continue to provide quality seasonal plants for area residents. The principal uses of the subject parcel are pre-existing and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tent over seven parking spaces. The operation should not have any effect on vehicular access for the site, as the adjacent parking lot aisle will not be blocked in any way. According to Section 9.607 1)e of the Zoning Ordinance, temporary uses and structures are allowed as a Conditional Use. The proposal is consistent with zoning regulations. Planner Johnson reported that the Fire Department has reviewed the proposal and has no concerns regarding it. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. Similar type uses have operated successfully for each of the past ten years on a seasonal basis. Therefore, staffrecommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the approved time period. P. 26 PLANNING & ZONING COMMISSION MINUTES MARCH 10, 2004 PAGE 3 Motion by Peterson, seconded by Schmitt, to recommend City Council approval of the Conditional Use Permit to allow theplacement of a 21 x 48foot tent for the display and sale of green and flowering plants from April 15, through July 15, 2004, for Ace Hardware at 2261 3 7th Avenue NE subject to the following condition: A $500 deposit shall be submitted to the License/Permit Clerkprior to display of green and flowering plants on the lot. All Ayes. MOT!ON PASSED. NEW BUSINESS None. MISCELLANEOUS The February issue of the Zoning Bulletin was enclosed in the agenda packets. These issues include information on how to avoid litigation involving planning and zoning issues based on other cases throughout the country. The Commission members mentioned several upcoming events that are being held: Police/Fire Appreciation Dinner being held at Murzyn Hall March 18, 2004. Spaghetti Dinner on March 20, 2004, at Murzyn Hall raising funds for Wheelchairs for Peace. The Housing Fair will be held on March 27, 2004, and is being sponsored by Rising to New Heights at the High School. 4th Annual Taste of Heights being held at Murzyn Hall on March 28, 2004. They also discussed all the pending projects in the citY: NEI Bldg-the City now owns. Asbestos Removal bids have been taken. Nedegaard and a group of interested citizens went through the building to evaluate whether it would be economically feasible to rehab the existing building. Parkside Village-Nedegaard reported his units are now all sold. The second building bought by Osborne Builders is now underway.. K-Mart site-Nedegaard claims he has 40 units pre-sold. The Dental Office on University is nearing completion, Hardees is being demolished soon, White Rental will start on their new building shortly, and the property at and around the Apache Theater site may also be re-developed. Motion by Baker, seconded by Schmitt, to adjourn the meeting at 7.'40 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary P. 27 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES January 21, 2004 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 8:58 p.m. Present: Absence: Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby Williams, Tammera Ericson, and Bruce Kelzenberg Bruce Nawrocki PLEDGE OF ALLEGIANCE Murzyn stated Bruce Nawrocki was unable to attend the meeting as he had a meeting at the Suburban Rate Authority and was disappointed the EDA meeting wash 't switched as he had previously requested. ELECTION OF OFFICERS MOTION by Ericson, second by Williams, to nominate and appoint Don Murzyn, Jr. for President; Patricia Jindra as Vice President; and Bruce Kelzenberg as Secretary/Treasurer. All ayes. Motion Carried. CONSENT AGENDA Approval of Minutes, Financial Report and Payment of Bills MOTION by Jindra, second by Williams, to adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Potential Acquisition of NEI Streetar stated the report provided in the packet outlines the work staff has been doing to fitl_fill the obligations of the purchase agreement. _rn December of 2003, both parties formally signed an agreement to purchase the property. On December 31, 2003 the building was vacant. The agreement calls for the closing on or before February 6tI'. The property inchtdes approximately 5.5 acres of land and a !20, 000 sq. fi. building. 'Staff has determined the following: $600, O00 for acquisition, the demolition and asbestos abatement will not exceed $550,000, which could be lower as four bids were received, with the lowest at $286,500 and includes salvaging the archway and bahtsters. NE_; would not allow the asbestos testing, as that would require breaking into chases in the building. The mc~rimum amount expected will not exceed $300,000. SEH, engineering inspected the building and stated it qualifies as substandard, which allows the use of tax increment financing to promote redevelopment, and based on the review ora Phase 1 report by Peer Environmental and Engineering Resources, Inc., and consultations with ProSource Technologies, [nc., there does not appear to be any contamination on the site. Streetar also stated there is a fitel oil tank that would need to be removed for approximately $8,000 by Peer Environmental and that the proflerty was appraised at about $1. l million based on 98 housing units on the property using the current zoning status orR4. Staff recommended accepting the report and recommending at the City Council meeting on danua~92 26, they loan the EDA $600, O00 from fitnd 390. 00-! 31 O0 to purchase the property. P. 28 Economic Development Authority Meeting Minutes January 21, 2004 Page 2 of 3 Streetar introduced Stacie Kvilvang from Eh'lers who has been wonderfid in getting bids, quotes for demolition, working with Tar £ncrement people and inspections of the building and asked her to give the board a little background on her experience. Kvilvang stated she is currently with £hlers and Associates, prior to that she worked with the City of Brooklyn Park for l O years, where they did public rental partnership with a lot of the multi-family communities and went to the Legislature to get taxing rights, which is used to provide funds for their townhome associations that could not obtain private financing to major improvements on the complex. Size worked on the Village Creek Redevelopment, which was 140 acres of mixed use property used for redevelopment, andjust finished negotiating the Apache Plaza redevelopment for the City of St. Anthony. The property was purchased the end of November by the developer, Hergerber's will vacate by the end of March, Cub Foods will stay, .l~almart will be one of the main backers, there will be a $600, O00 face lift to the building, 50, 000 sq. feet of small commercial space, 256 owner-occupied units, called stacked flats with an average value of $240, 000, there will be some higher end townhomes in the $350,000 range and 220 market rate apartments. She also negotiated the St. Anthony Liquor Stores. Streetar indicated that if the board was ready, we should probably move forward on using Stacie's services to develop properties as quickly as possible. Wyckoff stated we should.move forward with the purchase of the building and asked Stacie to explain the brick she brought with her. Kvilvang stated she worked for the City of Brooklyn Park for l O years and has been involved with tearing down many buildings and one of the things they did with some of their significant projects was to take one brick and replace it as a plaque. Fehst felt there is no reason for the City to hold off on the process of redeveloping various sites in the City. Murzyn suggested staff put together something with the cost involved for board review next month. ~'lliams stated he agreed, but wants Mady's to be informed, as they have told him they haven't been notified of anythh~g. Streetar stated there hash 't been any negotiations or meetings. Williams stated if the City Council has any intent of giving this land away like they did the 40th and University.property, he would be voting against it. He felt the City should be able to get a potential amount for the property. Streetar stated the agreement has expired on the sale of 40t~ and University and the City could do whatever they want to at this point. Murzyn stated he agreed we shouldn't give the property away and could use that property for many other uses. It won't hurt to hold onto the property until the £ndustrial Park starts to see what we can get out of it. MOTION by Wycko£f, second by Ericson, to accept the report and request from the City Council at their January 26, 2004 meeting a loan for $600,000 from fund 390.00.13100 to purchase the NEI pPbperty. All ayes. Motion Carried. " P. 29 Economic Development AuthoriWMeetingMinutes January21,2004 Page3 bf3 ADMINISTRATIVE REPORTS Industrial Park Schumacher stated last year it was determined it would be very expensive to clean up the environmental issues in Phase I of the £ndustrial Park. The City applied and received grants in the total amount of $1,233, 3 71; $1,001,640from the Department of Employment and Economic Development (DEED)for Contamination Clean-Up and $231, 731from the Metropolitan Council to correct contamination itt the £ndustrial Park. These funds will be used to address the soil, water and asbestos contamination in Phase 1. On January 26th there will be a formal presentation before City Council by State Commissioner, Matt Kramer transferring the grant proceeds to the City Council. In Addition, Anoka County Commissioner, Jim Kordiak, Metropolitan Council Member, Tony Pistilli, and Stat.e Senator, Satveer Chaudhary, will be recognized for their active roles and support in the pr'oject. Streetar commended Schumacher for the great job he has done obtaining grants and putting this project together. Commissioners also thanked him. 37th & Stinson Redevelopment Streetar stated the Planning and Zoning Commission met for the first time on January 13th to discuss options for the site. Some of the ideas brought up were a community center, relocate one of our City Liquor Stores and also there have been two different firms interested in medical office buildings in the area. Staff will keep the board informed, as this was the first of many meetings to be held. Wyckoff stated she would like to see more restaurants in Columbia Heights, was pleased with the housing going into the Kmart site, suggested the NEI building woztM be a great spot to build a City Hall and combine it with a Community Center, and also asked about the money being given out by Mrs. Ray Cross for youth centers, can Columbia Heights apply for the fitnds. Streetar stated the money was designated for low-income housing communities. Anoka County Rail Authority (ACRA) Streetar stated the Anoka County Rail Authority' is proposing to expand their mission to inchtde assisting City's in their redevelopment and economic develoj~ment activities. Funding would be generated through their existing rail levy. ACRA is levying $2.8 million to expand their powers, which would let Columbia Heights receive some of the fitnds. Streetar and Murzyn have volunteered to' be on the committee. ADJOURNMENT Motion by Williams, second by Jindra, to adjourn the meeting at 9:47 pm. All ayes. Motion Carried. Respectfully submitted, Cheryl~rgakken Community Development Secretary H:LEDAminutes2004\ 1-21-2004 P. 30 P= Present A= Absent X= Mtg. Cancelled or rescheduled Jindra, Patrici'~ ~., .: -?i?::' Ericson, Kelzenberg,Bruce Don Jr. Nawrocki, Bruce Iliams, , Julienne Mar. 16 2004 EDA ATTENDANCE May. 18 June.15 Sept. 15 TOTALS H:\EDA Misc2004~004 EDA Attendance ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES FEBRUARY 2, 2004 CALL TO ORDER/ROLL CALl, President, Murzyn called the meeting to order at 6:40 p.m. Present: Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tammera Ericson, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE ITEMS FOR CONSIDERATION ADOPT RESOLUTION 2004-02, APPROVING AND SPECIFYING TERMS OF THE INTER-FUND LOAN FOR THE NEI PROPERTY Streetar stated staff provided the board with the Resohttion the City Council approved, which stated the loan terms for the $600,000 that the EDA will use to buy the N£Iproperty. The procedure for this type of transaction is that the City Council approves the loan terms and then the EDA has to except the loan term. The loan terms state that the City will loan the EDA $600,000 at a rate of 4% for a term of up to 15years. This is done so that in the event the EDA chooses to use Tax Increment Financing and redevelops the property privately, in order to repay the TIF fimds, you need to have the loan terms in place before the money transfers. If the board decides not to use tear, increment financing or are unable to use it, the City Council, by resolution can prescribe any terms of the loan. The loan can be paid back with tax increment money, sale of land or any source of revenue available to the EDA. Nawrocki ask where the fimds would come from to board up the building and tear it down. Streetar stated there has been no decision to board up the building and staff has a grant application submitted in the amount of $300, O00 from CDBG fimds. $I00,000 will come from reallocated CDBG fimds from the sale of 4607 Tyler. Fehst stated Henry Henry, City Maintenance man, will be available to do the daily checks and on weekends that are required by law. Henry does have some background with the building as he worked their part ti~ne. Streetar stated staff is preparing bids for asbestos removal. Once they are received, staff will come back to the EDA to decide who will demolish the building and who you want to remove the asbestos. It will take about 4 to 6 weeks to remove all the asbestos. I~ou are looking at 90 to _120 days by the time the demolition will occur. Streetar stated the broker said it costs approxhnately $_100, 000 per year to operate the building, which includes cable, telephone, electricity, etc. Streetar estimated it would cost between, three to five hundred per month, a~ we won't be using that much utilities. Staff obtained an appraisal on the land only, which was based on thb current zoning orR-4 and looking at approximately 20 units per acre, it was appraised at $_1,066,000. 2rf the EDA choose to redevelop it as residential, for every unit ofhousing you would get approxhnately $_10,000 to $_1i, 000 in land sale. Nawrocki was concerned about where the money would come from to heat the building. Streetar P. 32 Economic Development Authority Meeting Minutes February 2, 2004 Special Page 2 of 2 stated earlier this year the EDA developed a fund 420, which is being used for redevelopment of projects in the City and would be more than enough to pay for the utilities. Nawrocla' asked if the security system comes with the building. Streetar stated the system is part of the sale and is paid for monthly. Fehst stated staff would be loo~'ng into a system like Murzyn Hall has with the Police Department. It is directly wired into the computers in police cars. Streetar stated maybe Public Works could plow out the sidewalks, so the building looks. Wyckoff asked what the board felt about having an open house this spring where residents could come in and walk through the building one final time, with possibly something in the gym. Fehst stated we would have to make sure we are covered with our insurance, just incase someone would fall, but agreed it would be a good idea. : Fehst stated Wyckoffhas expressed interest in having a sale of different things, like Coca-Cola items. Wyckoff asked if there is anyone that would be able to go into the building and start disassembling items for the sale. Fehst stated maybe the Rising to New Heights group would be interested in that as long as the fitnds received were put back into the community. Ericson, who is also on the Rising to New Heights Committee, stated it would possibility be something they would be interested in. Nawrocl~' stated he would like to see the first floor boarded up for security. Williams stated, .if we tell the Police to keep an eye on the building, we wouldn't have any trouble. Wyckoff stated the building has a lot of houses around it and didn 't feel there would be a problem with peOPle breaking into the building. Murzyn suggested we wait until after we purchase the building, decide when we are going to have the open house and after that time, board it up if necessa~Ty. MOTION by Wyckof£, second by Williams, to Adopt Resolution 2004-02, Approving and specifying terms of the Inter-Fund Loan for the N.E.I. Property. All ayes. Motion Carried. Other Business Streetar stated he met with Bruce Nedegaard this morning. The first week in March, he wants to come to the EDA to present his proposal for the Sheraton Hotel development at the corner of 49th and Central and get feedback from the board. ADJOURNMENT Motion by Williams, second by Wyckoff, to adjmtrn the meeting at 7:00 p.m. Respectfully submitted, Community Development Secretary H:kEDAminutes2004kFebmary 2, 2004Special ' P. 33 P= Present A= Absent X= Mtg.Cancelled or rescheduled Special Jindra, Patri~ia Ericson, Tammera Kelzenberg,Bruce Don Jr. Nawrocki, Bruce illiams, Bobb' Mar. 16 2004 EDA ATTENDANCE May. 18 June.15 Sept. 15 TOTALS Julienne H:\EDA Misc2004\2004 EDA Attendance COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 22, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER' S APPROVAL ITEM: Establish Work Session Meeting BY: Walt Fehst BY: Date for Monday, March 29, 2004 DATE: March 17, 2004 DATE: NO: It is recommended that a Work Session meeting be scheduled for Monday, March 29, 2004 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, March 29, 2004 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: P. 35 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: Mat'ch 22, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: g--~- ~i Finance APPROVAL~ ITEM: Res. 2004-10 Establisl6ng By: Patty Muscovitz?~k,, DBAY~ Election Polling Places DATE: March 15, 2004 NO: Background: With the purchase of the Northwest Electronics h~stitute building and anticipated demolition, we have had to adch'ess the need to find another location for Election Precinct #2. Father A1 Backman fi-om Immaculate Conception Catholic Church has offered their Fellowship Hall for use as a voting precinct. Staff was given a tom' of the facility by Father A1 and has determined it does comply with State Statute polling place requirements. (State Statute 204B16. Subd. 5) This will suit our election precinct needs. Their quick and positive response to our request is greatly ~tpPreciated. State Statute 204B. 16 Subd 5 indicates that no designation of a new or different polling place shall become effective less than 90 days prior to an election. Resolution No. 2004-10 establishing polling places would comply with this Statute. Anoka County has requested to be notified by June 1 st of any polling place change. Upon notification of change, Anoka County will notify every affected household, with at least one registered voter in the precinct, a nonforwardable mailed notice stating the location of the new polling place at least 25 days before the next election. (State Statute 204B.16 Subd la) Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2004-10, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-10, being a Resolution Establisking Election Polling Places. COUNCIL ACTION: P. 36 RESOLUTION 2004-10 RESOLUTION ESTABLISHING ELECTION POLLING PLACES WHEREAS, the City of Columbia Heights continues to be divided into eight voting precincts, with botmdaries previously established pursuant to Mhmesota Statutes 204B. 14, subdivision 3c, and; WHEREAS, the polling places of the precincts are established pursuant to Mimaesota Statute 204B.16, and; ' ~ WHEREAS, the Northwestern Electron/cs Institute building located at 825 41st Avenue NE will no longer be available for use as Election Precinct 2, and; WHEREAS, a new polling place must be designated to replace a polling place that has become unavailable for use, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Anoka County, State of Mim~esota that precinct polling places shall be established as follows: · Passed this Offered by: Seconded by: Roll Call: Attest: · Precinct 1 shall be Jotm P. Murzyn Hall located at' 530 Mill Street. · Precinct 2 shall be hnmaculate Conception Catholic Church located at 4030 Jackson Street. · Precinct 3 shall be Parkview Villa located at 965 40th Avenue N.E. · Precinct 4 shall be Highland Elementary School located at 1500 49th Avenue N.E. · Precinct 5 shall be First Lutheran Church located at 1555 40th Avenue N.E. · Precinct 6 shall be Highland Elementary School located at 1500 49th Avenue N.E. · Precinct 7 shall be Valley View Elementary School lOcated at 800 49th Avenue N.E. Precinct 8 shall be Valley View Elementary School located at 800 49th Avenue N.E. __ day of 2004 by the Colmnbia Heights City Council. Mayor Julimme Wyckoff Patricia Muscovitz, CMC Deputy City Clerk/Cotmcil Secretary P. 37 CITY COUNCIL LETTER Meeting of March 22 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. .5~-/k --~-" POLICE APPROVAL: ITEM: App li cation for Raffle, Little Voyagem's' BY:Thomas M. Johnso,~n ~ BY: ~~/j/ Montessori School, St. Timothy's Lutheran Church DATE: March 10, 2004 (_~(~ DATEi NO. BACKGROUND: The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51st Avenue N.E., Columbia Heights, Minnesota, has submitted a request to conduct a raffle on May 25, 2004 in St. Timothy's Lutheran Church, 825-51st Avenue N.E., Columbia Heights, Mim~esota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recormnends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Colmnbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51st Avenue, Colmnbia Heights, on May 25, 2004; and ful-thermore, that the City of Columbia Heights hereby waives the remainder of the thhW-day notice to the local governing body. mld Attachments 04-030 COUNCIL ACTION: P. 38 LG220 Application for Exempt Permit Organization Name Local Unit of Government Acknow~dgment If the gambling premises is within city limits, the city must sign this application, On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. D T he city approves the application with no waiting pedod. D The city approves the application with a 30 day waiting pedod, and allows the Board to issue a permit after 30 days (60 days for a first class city). DThe city denies the application. Print name of city 0.~ I u.4/vL.[;~ Q-, ~ ~ c~ ~St~jnature o¢/citC,-pers'on~ re~.~ing application) Date (~ / !~;) /~ Page 2 of 2 12/03 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application, DThe county approves the application with no waiting period. BThe county the application with a 30 da~ approves waiting period, and allows the Board to issue a permit after 30 days. DThe county denies the application. Print name of county (Signature of county personnel receiving application) Title Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [Atownship has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signaturb, _./l/ ff __Z.___~:v..(C___ F?)'~//'~/(.-'~'' ,,me (please print) ,-~i'~(_../"[ f"I.P_.--~ CF"'~'~,L ,~ / Date ~ , Mail Application and Attachments At least 45 days pdor to your scheduled activity date send: · the completed application, · a copy of your proof of nonprofit status, and a $50 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. P. 39. Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 Organization Information Page 1 of 2 (web) 12/03 For Board Use Only Fee Paid Check No. Organization name Previous lawful gambling exemption number Street [ City State/Zip Code County Name of chief executive officer (CEO) First name, Last Name of treasurer First name --~--,,..//1 Last name ,,/ ~ Daytime phone number of CEO -. qi;z -,:72 12' Daytime phone number of treasurer: ~.¢'.~. _....W,....~_ ~¢¢2,~ ~7 Type of Nonprofit Organization Check the box that best describes your organization: [] Fraternal [] Religious [] Veteran [] Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: [] IRS letter indicating income tax exempt status [] Certificate of Good Standing from the Minnesota Secretary of State's Office [] A charter showing you are an affiliate of a parent nonprofit organization [] Proof previously submitted and on file with the Gambling Control Board Gamblin9 Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) '/ . . , Address (do not use PO box> ~ Ci~ ~ State~ip Code Coun~ Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate:the type of gambling activity your organization will be conducting: [] *Bi~go.... ~' Raffles (cash prizes, may not exceed $12,000) [] *Paddlewheels [] *Puli-Tabs [] *Tipboards *Gambling equipmerit for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo bail selection d~vicel must be obtained from a distributor licensed bg the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and ¢liok on List of Licensed Distributom. Or ~all $$~-$3~4000. This form will be made available in alternative format (i.e. large pdnt, Braille) upon request. The information reque.4ted on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your applicatign. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be pdvate data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process ofappyng foryour permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Depadment of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuantto court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. P. 40 RESOLUTION NO. 88- 42 BEING A RES0LUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING EXEMPTIONS IN THE CITY OF COLUNBIA HEIGHTS BE IT KESOLVED by the City of Columbia Heights that charitable gambling exemptions will be granted to bona fide charitable organizations provided, however, that the following requirements are met: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board. 2. The organization wishing to gamble obtains the permission of the Columbia Heights City Council. The organization wishing to conduct gambling has been in existence in Columbia Heights for not less than ten (10) years and is a non-profit organization as determined'by the Internal Revenue Service and/or the Minnesota Secretary of State. Organizations wishing to gamble and have been in existence in Columbia Heights for not less than ten (10) years will be granted five (5) exemptions per year. Organizations. wishing to gamble, but have not been in existence in Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing to conduct gambling must indicate the value of prizes by category to be awarded; such information shall be provided at the time of application. The organization wishing to gamble does not pay, and the proprietor of the licensed premises does not receive, rent in excess of $100.00 per event or other remuneration for permitting the gambling activity or device to be located on the licensed premises. The organization shall remit a non-waivable, non-prorated, non-refundable license fee based upon the following schedule: Class A and Class B licenses .... $100 Class C and Class D licenses .... $ 25 NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 88-07. Passed the 9th day of May, ]988. Offered By: Peterson- Seconded By: Petkoff Roll Call: AIl ayes. o-Anne Student, Council Secretary Dale V. Hadtrath, Mayor P. 41 ~ I. ITTI_F VOYAGFURS' ~9~o~704 3 5/4 8 i MONTES$ORI SCHOOl., INC. ' ~ . 825 51ST. AVE. NE 763-788-0889 _,~'~ .~ ~,~/ Ii/ ~ COLUMBIA HEIGHTS, MN 55421 20_ ~ Pay To / . , ~ · . -, · ,~ .~ ~ US BANK f/A/ I~ ~-aog Us BANKS ' ~ P. 42 ST. T1HOTIIY~S I,OWER I,EVEI, I,AYO[JT Exhibit A OOZY Jonah & the Whale Noah's Baby 1255.5 sf Ark bloses 475 sf 400 sf 412 sf Lower Link 1890 sf 360 sf j Kt tche~ L 240 sf Little Voyageurs' Montessori Exclusive Use (Jonah & the Whale, 412 sq. ft. Hallway) 1,667.5 Square Feet Shared Space with Sunday School (Noah's Ark & Baby Moses, West Bathrooms, 82.5 sq. ft. Kitchen, 256 & 120 sq. ft. Hallways, 42 sq. ft. entryway) 1,510.5 Square Feet ~ Limited Use (Link area to contain office, also used for large motor activities during incle~nent weather, Kitchen to be used for food serving, Fellowship Hall to be used to eat hmch.): 4, 761.0 Square Feet Fellowship Ilall 2117 sf Chapter 6 FL'-kFFLE S · RAFFLE TICKET REQUIREMENTS Each raffle ticket must contain: · the name of your organization and your license number ° the time, date, and location of the drawing · the price of the ticket (all tickets must be sold for the same price and may not be discounted--for example, a $1 ticket may not be discounted as 6 for $5) · at a minimum, the three most expensive prizes to be awarded. If additional prizes will be awarded that are not contained on the raffle ticket, the raffle ticket must contain the statement "A complete list of addkional prizes is available upon request." Numbers are sequential - Raffle tickets are sequentially numbered, beginning with the number "1". Stubs are detachable - Each ticket must have a detachable stub with: · a space for the purchaser's name, complete address, and telephone number (including area code) · a duplicate number corresponding to the ticket number Combininz raffle with other purchase - Combining a raffle with the purchase of another item on the same ticket is not allowed. Sample raffle ticket Sallie Address City State Zip Code Area Code and Telephone Number ( ) 0001 SPRING FEVER RAFFLE Sponsored by: ABC LODGE A-99999-001 20 Hawaiian Shirts to be awarded as prizes Drawing at 2015 Oxbow Ave. Oxbow, MN June 28, 2000 at 4:00 PM S2.00 0001 P. 44 (revised 2000) 167 Chapter 6 RAFFLES WHO MAY/MAY NOT PARTICIPATEAS A PLAYER Gambling ...:5:.'.' .... -. 7-' ...-;'-' Lessor's Family. . Employees...:: '.G~imbling· :~ '"':':' Lessor .'.(spouse, child¢ :... :" ~":i' Lessor' ' . · (paid'and'not paid, ' "Manager ' ~ ...p~!r~n~ brother;'/' !:~' .'.?'~:'!::~mPioyees includingvolunteers) ::"{:-i~;:iS:::"?':' ' ":'" ""::" ;:-:..' :.'sister) . ".': ii' '::;~%:." :":<.&' ":' Pull-Tabs- All pttll-Tabs: The, Pun-Tabs- The PUn,Tabs 2.T~e:i'::: Pun-Tabs- The lessor's gambling employees gamblifig"/iian-":.' lessor may not !e~sor'.s...:f. amil~5.....? employees may purchase may purchase pull-tabs ager may'blt -':- :;' pu/rchase puli-tabsmk7)'n6tSpurchh~e:." pull-tabs on the premises at the site of the purchase.pul1- on the leased pttll-tabs'on:the --::" provided: employee's place of tabs.?t any. of ' premises. .leasedpremlses:.::..(1) major prizes are -; - ..... :. 'i..,'~.:-posted for ail pull-mb employment, provided: the organiza- ' .::::.'" ~ :... (1) the organization tion's.sites.i, Tipboards - The TipboardS ,.Tlie~. games, and · -:; · . · . lessor may not posts all major prizes, leSsor's family ;?' (2) the individual is not and Tipboards-.,..: purchase tipboard may.not.'p~chase a gambling employee for (2) the employee is not · The'gambling . tickets on the fipboardi, ficketS on:. the organization at the involved in the sale of man.ager may.. leased premises, the leased.· i i], leased premises. pull-tabs at that site. n0fiSiirchase 'Prem. kes..i':'' ~?i:": Tipboards - The tipboa~d'tickets Paddlewheels - ; .... .:.',, '.....' ~' .: lessor's employees may Sale is defined as: at'any 0fthe The lessor may P~addlewheels -.. :.~. purchase tipboard tickets · selling pull-tabs organi.vation's - not purchase The Ies~r's:~: ?... on the premises · redeeming whnning skes: .: .- '" paddletickets on family mayln0{i" ::" ' provided: pull-tabs -.: · the leased prem- purchase. (1) major prizes are · auditing games padd'lewheels - ises. paddletickcts'0n' posted for all tipboard · making deposits of The'gambling .the lea~ed~:' .'. games utilizing a multi- receipts manager may Bingo - The lessor premises.'. ', .;.. ply ticket, and · performing inventory not pur6hase may not pla3~ ' ' .~:i (2) the individual is not of pull-tab games paddletickets at bingo at any bingo Bingo -The :. a gambling employee for Tipboards - All any .of. the. occasion on the lessor's family the organization at the gambling employees organization's leased premises, may not.play..., leased premises. may not purchase sites. :", bingo at. any bingo Paddlewheels - The tipboard tickets at the ~':::.' i~':i: '.. .~ Raffles - If the occasion on.the lessor's employees may site of the employee's 'B~:~'~iTi~e. : ....... -.:premises is leased, le~ec['p, remig-%:~ purchase paddletickets if place of employment, gambling man- the lessor may not. .. :::.i:..... : the individual is not a age?. .may not purchase raffle Raffles --If the · . gambling employee at Paddlewheels - All play-Bingo at. ticket(s) for rafflepremises ~ leased; the leased premises. gambling employees any lsihgo.: · drawings con- the lessor'.s fatuity · Bingo - The lessor's may not purchase occas,6n eon- ' ducted on the may noi:i3fir~tia§e:"employees may play paddletickets at the sitedu. cted'lsy' .i- leased premises, raffie.ti~kei[s):.for'-i' bingo at a bingo of the employee's place -o~,~fioiz raffle drawings:I ' ... occasion if the of employment. · ..... ~r-. .... ' · ' · ??,~5':.!. '.':;,:::~ ' c6nduc~e~ :°r~the',': individual is not a Bingo-Allgambling Raffies'-N0.' 'leasedprem[sesk:'':''' -- ~" ~-~ .... eat ... ?~,:.;:....'-.:;¢}:];?:.i:~ the leased premises. employees may not play .restfietionsi' ..... ' :';~:' bingo at a bingo ..,'. :",.":. ~ .'-",'. occasion during which . '~";" ':"Y" "'::;' ' '~ · ...... .... :.:' :..... ;:.'- m leased, the lessor s the employee wor'ks. .' :'". .. .... : .~ :' ~:"? ~" :i:. ;:...-:¢.i;i.: !i~..:: i!. employees'may purchase .. ' -.' ........ :: :':' · raffle ticket(s) if the Raffles-No restric- .i.:['i}::!.}:~:::-,. .'~ .... -' ;.~'": ..... ':, .... "" '; ::'": ":;~'"~" :; '- individual is not a tions. ':' ";"'" ':' ': '" gambling employee at '· ': ':' "i ::9':~';--' '::': ,'.;" ?'. ' "i' ..: · ' ': .... ~' :' ,' the leased premises. AGE RESTRICTION - No one under the age of 18 may participate as a player in pull-tabs, tipboards, paddlewheels, bingo, and raffles. P. 45 (revised 2000) 168 Chapter 6 RAFFLES · CONDUCTING A RAFFLE Raffle prize limitations Ownership of prizes required Fair market value of merchandise prize determined Certificate for .merchandise allowed Sellers must return stubs Entry into raffle Ticket price Checks allOwed Equal chance to win Use of receptacle required No sales after drawing begins Raffle prizes awarded by a licensed organization cannot exceed a total value of: · $100,000 total prizes awarded in a calendar year · $12,000 cash prizes for a single raffle, or for several complete raffles where the drawings are conducted on the same day If m~rchandise~ service; or re~l.property Prizes are aWarded, you mus~ own . or fully pay for the prizes without lien or interest of others before the raffle drawing.. . . . · Merchandise or service prizes donated to an organization or purchased at a discount by the organization must be valued at their fair market value. · Real property prizes are valued at their assessed tax value. · See the Inventory Chapter - Merchandise Prize Inventory section for information On determining fair market value. Seethe in:v~n~ory Chapter -Me"r. chandise prize InventOry section, for merchandise' certificate requirements. . Before the drawing, each perso~ Who sells tickets for your organization must return all unsold tickets and the stubs or other detachable section of all tickets sold. In oMer to enter a raffle; no pe~son'is required to: . · purchase more thanone ticket' ' ' · ~ pay for.anything other than the ticket! The cost of each ticket must be the same and may not be discoUnted or given free of charge. " EXAMPLE - A $1 ticket may not be discounted as 6 for $5. 0rgahizati°ns may accepta' check for the p'drchase 0fraffie tickets. If the check bounces, however, the organi5ation must reimburse its gambling account from nongambling funds within 30 days. of receiving notice of the dishonored Check. . .. . Each"ticket for entry in ~ ~affl~ must constitute an equal Chance to win in the raffle. · .Before drawing, pl~ce the ~tub 0r-d~m~i~Ne section 0f'e,~ch ticket sold '" 'int9.'a receptacle from :which the'winning tickets are drawn. o. :Be sure.the receptacle is deSigned so tha{ each winning ticket Placed in it No tickets may be sold after the first drawing. P. 46 (2001) t69 Chapter 6 R~FFLES CONDUCTING A RAFFLE. (eontinu.ed) Attendance not required A person does not need to be present at a raffle drawing to be eligible for the prize drawing. The organization is responsible for delivering any merchandise or service prizes to the winner. .Location. of .... ' T~-~..'~T&Ta~~.b~"ha~:~'~'?i~ed~i~emises (sec'also On~-Day 'drawing Ice fishing contest ';. Off-site~.A~blicdtioh~'ke'ction~[n th'&i'Obgam2~tiT~k License chapteO. · A licensed organization may conduct a raffle in conjunction with an ice fishing contest. (Contact the DNR regarding ice fishing permit requirements.) · A combined ticket may be sold for a single price for the ice fishing contest and raffle, provided that the combined ticket states in at least eight-point type the amount of the price that applies to the ice fishing contest and the amount that applies to the raffle. · The receipts from the raffle portion are considered gambling funds, while the portion for the ice fishing contest is not. Raffle date change needs.Board approval Required forms to use The BOard willi~pri3v~ a araw~gTd~al~ 'C~e.if: o~. ~i i:he'Weather Cauged'i~0stP0nements of'the e,enr on the da~me · " .... not enou~ tickeB wem soldto' cover the[Cost ofthep~es ~e. B0=d MU not ~Ppr0ve'a drg~.'d~te~::chhnke bec=e:the d%ked leveI smt~z ~e reasons. ~y the raffi e date needs;'~o~,be changed. Send'to: .::........,~ . '!. .... ..:.,: -: .... :.' ..................... The following forms are required: Raffle lo~ - For each raffle, use the Raffle Inventory and Sales Log, LG820. · Merchandise Prize Perpetual Inventory - Form LG830 - See the Inventory Chapter - Merchandise .Prize Inventory section. -- Physical Inventory, Raffles. LG821 P. 47 170 (1999) CITY COUNCIL LETTER Meeting of: March 22, 2004 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ~ . NO: Case #2004-0302, 4300 Central Avenue DATE: March 8, 2004 -.. Background: Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow for the operation of a seasonal "mini garden center" (Flower Mart) in the easterly pgrtion of the parking lot of the Central Valu Mall, 4300 Central Avenue, from April 15, 2004 through July 15, 2004. This will be the 15th year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Heating for the request on March 10, 2004. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of a seasonal mini-garden center at 4300 Central Avenue from April 15, 2004 through July 15, 2004, subject to the following condition: A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. .4ttachments: Stqff Re?ort; A?Dlicant narrative; Site?lan COUNCIL ACTION: P. 48 Case: 2004-0302 Page: 1 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: DATE: TO: APPLICANT: LOCATION: REQUEST: 2004-0302 February 20, 2004 Columbia Heights Planning Commission Linder's Greenhouses, Inc. 4300 Central Avenue, Rainbow Parking Lot Conditional Use Permit for seasonal mini-garden center Introduction: This is a request from Linder's Greenhouses, Incorporated for approval of a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. The tent will be placed in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2004 through July 15, 2004. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. A narrative from Linder's Corporate Office is attached for your review. This action will be taken by the Planning Commission: · Motion on the Conditional Use Permit Case His.to .ryj 15th This will be the year of operations in Columbia Heights at this location for Linder's. Planning Considerations: Comprehensive Plan: P. 49 Case: 2004-0302 Page: 2 The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Seasonal agricultural sales are allowed by Conditional Use Permit as per Section 9.607 1)e of the Zoning Ordinance. Highway District Desiqn Guidelines The guidelines are not applicable as this is a tempo, rary structure. Parking and Access: The Linder's proposal will impact about 30 parking spaces and a drive aisle. Overall,' Linder's will have relatively little impact on the site, as there is currently an abundance of parking spaces and access is more than sufficient. The Fire Department has reviewed and approved the plans with no concerns. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if seasonal agricultural sales meet the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Seasonal agricultural sales is a Conditional Use in the GB District. · The use is in harmony with the general purpose and intent of the Comprehensive Plan; Seasonal greenhouses provide retailing options for shoppers and are consistent with and complement other commercial activities in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The outdoor tent and related business proposed will be placed in the easterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. · The use will not substantially diminish the use of property in the immediate vicinity; The mini-garden center proposed will not substantially diminishing adjacent uses of property. ° The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The mini-garden center proposed should not negatively impact the existing character of the vicinity. Linder~s has been in operation for 15 years at this location, with the City experiencing no complaints. The operations will be compatible with the surrounding area. · The use and.property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities. Case: 200'4-0302 Page: 3 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Linder's mini-garden center should not generate excessive traffic that the existing parking area can't handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed mini- garden center should not have a negative impact on other uses in the immediate vicinity. · The use complies with all other applicable regulations for the district in which it is located; As determined by staff, the use co, mplies with the applicable regulations of the General Business District. CONCLUSION Recommendation: Staff recommends approval of the proposal and CUP for kinder's Greenhouses Inc., for a mini-garden center at 4300 Central Avenue, Recommended Motion: Move to recommend City Council approval of a Conditional Use Permit for Linder's Greenhouses to allow for a seasonal mini-garden center in the easterly portion of the Rainbow parking lot at 4300 Central Avenue from April 15 to July 15, 2004, as the proposed use meets all required findings, subject to the following condition: · A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Site Plan; Floor Plan; Applicant Narrative; Application "' P. 51 ~U H (~ H central avenue columbia heights, minnesota LIt,,,I DER.'% FLOWER 0_.,0 LL.J MlS, I,/::x. NE~GNT.~ CITY COUNCIL LETTER Meeting of: March 22, 2004 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~ ~ ---[ Community Development APPROV ITEM: Conditional Use Permit BY: Tim Johnson BY://~/z/~/'~'~~ NO: Case #2004-0303, 2261 37th Avenue NE DATE: March 8, 2004 Background: Ace Hardware is requesting approval of a Conditional Use Permit to allow the operation of a seasonal greenhouse (Flower Mart) for the display and sale of green and flowering plants in the southeast side of the parking lot at 2261 37th Avenue NE, fi.om April 15, 2004 thro. ugh July 15, 2004. This will be the llth year that Ace Hardware will operate their greenhouse in Columbia Heights. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of the flower tent. This site plan and configuration remains unchanged fi.om previous years. The greenhouse structure will be the same as last year with both exits remaining open at all times during business hours. There will be at least two frre extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting 'and comply with General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structure over this portion of the parking lot. Recommendation: The PlamaJng and Zoning Commission held a Public Hearing for the request on March 10, 2004. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the placement of a 21 X 48 foot seasonal greenhouse for the display and sale of green and flowering plants at 2261 37th Avenue NE from April 15, 2004 through July 15, 2004, subject to the following condition: A $500 deposit shall be submitted to the License/Permit Cleric prior to the display of green and flowering plants on the site. Attachments: Staff Report; Site plan; Applicant narrative COUNCIL ACTION: R55 Case: 2004-0303 Page: 1 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: DATE: TO: APPLICANT: LOCATION: REQUEST: 2004-0303 February 20, 2004 Columbia Heights Planning Commission Frattallone's Ace Hardware 2261 37th Avenue NE, Parking Lot Conditional Use Permit for seasonal aqricultural sales Introduction: This is a request from Frattallone's Ace Hardware for approval of a Conditional Use Permit to allow the operation and placement of a tent for green and flowering plants and retail sales. A 21 X 48 foot tent will be placed in the southeast part of the parking lot of the property at 2261 37th Avenue NE, from April 15, 2004 through July 15, 2004. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous y. ears with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. A narrative from Frattallone's Ace Hardware is attached for your review. This action will be taken by the Planning Commission: · Motion on the Conditional Use Permit Case History: This will be the 1 l~h year of operations in Columbia Heights at this location for Frattallone's. Planninq Considerations: .. P. 56 Case: 2004-0303 Page: 2 Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Seasonal agricultural sales are allowed by Conditional Use Permit as per Section 9.607 1)e of the Zoning Ordinance Parking and Access: The Frattallone's proposal will impact approximately 7 parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. The Fire Department has reviewed and approved the plans with no concerns. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if seasonal agricultural sales meet the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Seasonal agricultural sales is a Conditional Use in the GB District. · .The use is in harmony with the general purpose and intent of the Comprehensive Plan; Seasonal greenhouses provide retailing options for shoppers and are consistent with and complement other commercial activities in the GB District. ° The use will not impose hazards or disturbing influences on neighboring properties; The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. ° The use will not substantially diminish the use of property in the immediate vicinity; The greenhouse proposed will not substantially diminishing adjacent uses of property. ° The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The greenhouse proposed should not negatively impact the existing character of the vicinity. Frattallone's has been in operation for 10 years at this location, with the City experiencing no complaints. The operations will be compatible with the surrounding area. ° The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities. '- P. 57 Case: 2004-0303 Page: 3 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Frattallone's greenhouse should not generate excessive traffic that the existing parking area can't handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed greenhouse should not have a negative impact on other uses in the immediate vicinity. · The use complies with all other applicable: regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District. CONCLUSION Recommendation: Staff recommends approval of the proEosal and CUP for Frattallone's Ace Hardware, for a seasonal greenhouse at 2261 37"' Avenue NE. Recommended Motion: Move to recommend City Council approval of a Conditional Use Permit for Frattallone's Ace Hardware to allow for a seasonal greenhouse in the southeasterly portion of the parking lot at 2261 37th Avenue NE from April 15 to July 15, 2004, as the proposed use meets all required findings, subject to the following condition: · A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structure on the site. Attachments: Site Plan; Applicant Narrative; Application ., P. 58 February 10, 2004 Attn.: Tim Johnson City of Columbia Heights Community Development Department 590 - 40th Avenue NE Columbia Heights, MN 55421-3878 Fax #: (763) 706-3671 Re: Conditional Use Permit Dear Mr.. Johnson, We are plam~ing to display a flower tern for the purpose of. selling green md flowering plants. The tent will be 2'1 'x48' in size. We will have it installed on.April 15t~ and ' '~ ; ' removed by Jul) 15 . It w, ll be placed m the southeast comer of the parking lot. nc~re[~ c~ Dm~ Terzich Store Mmager Frattallone's Hardware Stores, Inc. TOT~ P.0~ P. 59 The GARDEN MART is designed to be a iOw'cDsr, movable sales building far a~ae~ spnn§ C',ea,r poly on ends ia pl~t s~les. It c~ be qui~iy set up [n ~y re~l p~king Io~ ~e GARDEN MA~ ~ ' snow your m~ ~[ prote~on for your "quaJi~' plants ~nd shopping comfo~ for your customer. ~eir ~est ~ey will buy more on ~ase cold, wet spdng days.. ~ese~ up like ~le Uoaer bent1 su~ p~vi~ ..: No me~unn - no ue~wo [ernauve .... C. /EN ~. ' - ~'C ,~ hack Our " --~EASE.MAFFF' Finance No F~yrnen~ ;n Off Season!! The SUDE-SIDE ventila- tion sys:e.m a.cera[es manually and reguires no :.lem~cfiy. Installs and ~nm¢cns muc2 like a. ny sliding dear. For minimum ventilation simply pUSh pane!s aden a lib'de. For a Ici of Air movement aden a~l ~e way. If maximum vendladpn is desired.. ,'he panel_4 b'e cample,,eiy removed a~ shown at:ave. Just lift a~c[ pull using :ne unTcue Qu~cx Lok,~'systern. Built :a --~'21' x -'8' - 1 be s~rang ~nd c~ean. Shard corners have 21' x 50' - 1,72~.00 wnen no[ In use. CANADA CALL 1-507-663-0362. F¢~'~ 1-507-663-0365 ~.o. ~0×~.6o C~S~'L= .=.cc:<. ,,,,~ ~o~o 1-800-852-3445 ~~ ~'.~::.'.-'-~ ~ ~ No Price from '9~ Jflc~u~es ucoer ~, x30 s~ion. PCE4VENT =mos ccmaleteiy ~c me ground ~a ~I~ ~r ¢rea[ ~os m~e e~ve merc~aising a breeze. of crccu= :~rougn ~e ce~ poly en~ panel. ~ne GARDEN ~A~T swing c~ ct :~e way to cisolay larger kems ~ ~s ~ odlbo~F~ ~o ~w ~en~cn to your sonng pt~nts, such ~s Chnstm~s trees. ~c. ~..~ ..... 'D ~'~ ~'-:.: Galvanized Bench Psckages Ccmc~e[e ce~c~ ~cc system ~ ~e ~ ~ ~EN MART ~ w~ ~e n~ SMDE-~DE N~ more weico. Benc~ ~o~s are now made , ~' X 30' - v~lA~ ~ ~l~. ~e ~e~ ~ets. mace ct doucle polycArBona[e, will no[ s~a[ter or cracx. They are CITY COUNCIL LETTER Meeting of March 22, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL, w//..-2./ Juvenile AccountabiliW ~centive Block Gr~t DATE March 12, 2004 ~ DATE:--~~~' P'" ~/ NO. BACKGROUND At the November 10, 2003, city council meeting, the council approved the Columbia Heights Police Department acceptance cfa Juvenile Accountabili .ty Block Grant for $5,898, with a $.655 match, to come from the 2003 Police Department budget. In order to complete this grant, the police department was informed that an approved resolution from the city council is needed. ANALYSIS/CONCLUSION This grant will allow us to continue proactive programs such as graffiti cleanup and a delinquency prevention program at the Middle School and High School. The monies are already. in place and the attached resolution is a requirement of the grant. The department feels strongly that this is an excellent use of these funds. RECOM~IENDED MOTION: Move to approve Resolution #2004-15 being a resolution that authorizes participation in the Minnesota Office of Justice program/Juvenile Accountability Block Grant. TMJ:mld 04-035 Attachment COUNCIL ACTION: P. 62 RESOLUTION NO. 2004-15 RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA OFFICE OF JUSTICE PROGRAM/JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT WHERAS; the Columbia Heights Police Department wishes to participate in the Minnesota Office of Justice Program/Juvenile Accountability Incentive Block Grant; and WHEREAS, this grant will allow us to continue the program whereby individuals caught doing vandalism and/or graffiti are, through the courts, placed on a cleanup crew and go out and paint over graffiti; and WHEREAS, th/s grant will allow us to expand the program to raking leaves in the tall and shoveling snow in the winter for the elderly or disabled, and allow us to. place a police officer during closing time at the Middle School and High School to implement a delinquency prevention program; NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. BE IT FURTHER RESOLVED that the Chief of Police of the Columbia Heights Police Department or his desig-nee is hereby authorized to exercise such agreements and amendments as are necessary, to implement the Minnesota Office of Justice Program/Juvenile Accountability Incentive Block Grant project on behalf of the City of Columbia Heights and the Columbia Heights Police Department. I certify that the above resolution ;vas adopted by the City Council of the City of Columbia Heights on this day of March 2004. Offered by: Seconded by: Roll Call: Attest: Mayor Julienne Wyckoff Patricia Muscovitz CMC Deputy City Clerk, Council Secretary P. 63 CITY COUNCIL, LETTER Meeting of: March 22, 2004 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL NO: 5 q Fire ITEM: Establish Hem4ng Dates BY: Charlie Thompson License Revocation, Rental Properties DATE: March 17, 2004 DATE: NO: Revocation or suspension ora license to operate a rental property within the City of Colmnbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. ... 1. Erika Thom ........................................................ ....Z..,.1019 37th Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of April 12, 2004 for Revocation or Suspension of a License to Operate a Rental Property witkin the City of Columbia Heights against Erika Thorn at 1019 37th Avenue N.E. COUNCIl, ACTION: P. 64 CITY COUNCIL LETTER Meeting of: March 22, 2~)04 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~U- A ~ \ ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~"~, DATE: NO: DATE: March 19, 2004 BY: .. BACKGROUND/ANALYSIS Attached is the business license agenda for the March 22, 2004 City Council meeting. This agenda consists of applications for Contractor licenses for 2004, and a Motor Vehicle Sales License for the new owner at 5101 University Ave. 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 March 22, 2004 as presented. COUNCIL ACTION: P. 65 TO CITY COUNCIL March 22, 2004 * Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *DuAll Service Contractors *Sela Roofing *Arps Tree Service *Northland Mechanical *Marsh Heating *St. Marie Sheet Metal 636 39th Ave NE 4100 Excelsior Blvd 17845 Hanson Blvd 2900 Nevada Ave No 6248 Lakeland Ave No. 7940 Spring Lk Pk Rd. *Terry Overacker Plumbing 1630 Cty H.wy 10, SLP $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 MOTOR VEHICLE SALES ZONING Rising Srm Auto Sales 5101 University Ave $200.00 P. 66 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCm MEETING OF: /~tAf,& ¢7-. ~)0~J( STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as Hsted in the attached check register covering Check Number J D~Jt~L1LI through I L)-'~/o in the amount of $ ~ ~t~/J~2~-. ~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P. 67 ACS FIN~CI~ SYSTEM CITY OF COL~BIA HEIGHTS 03/18/2004 16:04:37 Check History GL050S-V06.60 CO~RPAGE GL540R Report Selection: Optional Report Title ....... 03/22/04 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ x~ucher ~ared Date ................ thru thru thru thru 107441 thru 107596 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO 01 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 03/18/2004 16 Check History 03/22/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT $3 BILL INC AMERICAN BOTTLING COMPAN AMERICAN INTERTP~ADE ARCTIC GLACIER BALIHODZIK/NAHIR BELLBOY BAR SUPPLY BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CITY OF NEW BRIGHTON COUILLARD/MARIE EK/KATHY GENTJINE PA/~TS/NAPA AUTO HARVEY/ROBERT HURLEY/MICHAEL KALLESTAD/RUBY LABATT/TIMOTHY MEDICINE LA/CE TOURS MINNESOTA COACHES MN SOCIETY OF ARBORICULT PETTY CASH - JOANNE BAKE QUALITY WINE & SPIRITS SENSIBLE LAND USE COALIT STATE FIRE MARSHALL DIVI STURDEV~T/JOE A U S POSTAL SERVICE VERIZON WIRELESS VISA PAYMENT CENTER XCEL ENERGY (N S P) AMERICAN BOTTLING COMPAN ARCTIC GLACIER BELLBOY CORPORATION BROOKLYN CENTER CINEMA 2 CHISAGO LA/CES DISTRIBUTI CHRIS BROWN & SHAWNA FER CITY WIDE WINDOW SERVICE DUGDALE/MARY EARLE BROWN BOWL EAST SIDE BEVERAGE CO EMOND/SUE EXTREME BEVERAGE G & K SERVICES GEN13INE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. LEAGUE OF MINNESOTA CITI CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 1 CHECK NUMBER AMOUNT 107441 520 107442 75 107443 180 107444 237 107445 22~ 107446 35 107447 796 107448 2,381 107449 2,403 107450 64 107451 8 107452 23 107453 26 107454 26 107455 90 107456 33 107457 2,304 107458 457 107459 175 107460 98 107461 27,587 107462 40 107463 150 107464 322 107465 3,600 107466 326 107467 599 107468 50 107469 194 107470 48 107471 2,271 107472 302 107473 436 107474 34 107475 40 107476 28 107477 220 107478 41,264 107479 500 107480 320 107481 64 107482 90 107483 14,065 107484 3,513 107485 3,151 107486 14,813 107487 20 00 14 30 24 20 24 25 10 00 00 00 52 50 00 00 00 00 50 00 36 26 00 00 35 00 28 72 28 21 96 10 50 00 81 47 85 00 55 00 00 38 54 25 75 17 65 00 ACS FINANCIAL SYSTEM 03/18/2004 16 Check History 03/22/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT MARK VII DIST. MN CHIEFS OF POLICE ASSO OFFICE DEPOT OLSON/CHERAY ONVOY PETTY CASH - JEAN ANDRES PETTY CASH - KAREN MOELL PETTY CASH - LINDA MAGEE PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS QWEST COMM-trNICATIONS ROLLER GARDEN SELA IAIVESTMENTS, LTD STAR TRIBUNE THE DEPOT VELENCHENKO/WILLIAM WALKER METHODIST WINDSCHITL/KEITH WINE COMPANY/THE XCEL ENERGY (N S P) WALKER METHODIST ~ WELLS FARGO - PAYROLL AC · A & C SMALL ENGINE ~ ACE HARDWARE ~D AEI ELECTRONIC PARTS AID ELECTRIC SERVICE INC AMERICAN PLANNING ASSOC. AMERICAN PUBLIC WORKS AS AMERIPRIDE ANOKA COUNTY TREASURER ANOKA CTY - CENTP~AL COMM ASSOC. OF PUBLIC MANAGER BARNA GUZY & STEFFEN LTD BATTERY CITY INC BFI/WOODLAKE SANITARY SE BONESTRO0 ROSENE ANDERLI BOYER TRUCK PARTS BRAKE & EQUIPMENT WAREHO BREDEMUS HARDWARE COMPAN BUILDING FASTENERS CAPITOL FURNITURE SALES CARLSON TRACTOR CENTER POINT ENERGY MINN CHERNIN/ALEKSANDR CLARK PRODUCTS INC COLUMBIA PARK CLINIC CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 2 CHECK NUMBER AMOUNT 107488 11,448 107489 260 107490 17 107491 150 107492 24 107493 95 107494 99 107495 400 107496 575 107497 89 107498 1,403 107499 1,098 107500 330 107501 1,625 107502 100 107503 525 107504 96 107505 25,000 107506 37 107507 1,939 107508 9,446 107509 50,000 107510 216,635 107511 16 107512 35 107513 22 107514 1,243 107515 245 107516 44 107517 55 107518 35,176 107519 514 107520 20 107521 13,992 107522 155 107523 105,792 107524 10,706 107525 23 107526 21 107527 2,492 107528 539 107529 771 107530 22 107531 352 107532 298 107533 82 107534 126 4O 00 86 83 95 84 74 00 52 67 72 26 00 40 94 00 00 00 00 00 01 00 70 25 10 26 92 00 00 23 00 54 00 00 17 68 85 16 O9 44 96 57 73 40 25 69 00 ACS FINANCIAL SYSTEM 03/18/2004 16 Check History 03/22/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUlqT COMPUTERIZED FLEET ANALY CREIGHTON BP~ADLEY GUZZET DAVIES WATER EQUIPMENT C DEHN OIL EHLER & ASSOCIATE-PUBLIC EMC FIDELITY SERVICES INC FIRE INSTRUCTORS ASSN. FLEX COMPENSATION, INC G & K SERVICES GIS RANGERS GLASS MASTERS GOODIN CO. HASSAN SAND & GRAVEL HOME DEPOT #2802 HONEYWELL INC IKON OFFICE SOLUTION INSTRUMENTAL RESEARCH IN IPC PRINTING ITL PATCH COMPANY INC LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS MACTA MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F MES-MINNESOTA METRO FIRE METROCALL - ATT MESSAGIN METROPOLITAN COUNCIL WAS MIDWAY FORD MINNEAPOLIS OXYGEN CO. MUNICIPAL SOFTWARE COMPA N.S.R.M.A.A. NAGELL APPRAISAL NATIONAL WATERWORKS, INC OCCUPATIONAL DEVELOPMENT OFFICE DEPOT PAM OIL INC PC SOLUTIONS PRECISION LOCATING & LEA RAPID GRAPHICS & MAILING RAPIT PRINTING - FRIDLEY RDO EQUIPMENT REED BUSINESS INFORFLATIO ROSEDALE CHEV SARATOGA CO. SCHINDLER ELEVATOR CORP CHECK NUMBER 107535 107536 107537 107538 107539 107540 107541 107542 107543 107544 107545 107546 107547 107548 107549 107550 107551 107552 107553 107554 107555 107556 107557 107558 107559 107560 107561 107562 107563 107564 107565 107566 107567 107568 107569 107570 107571 107572 107573 107574 107575 107576 107577 107578 107579 107580 107581 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 3 AMOUNT 500.00 600.00 795.28 9,098.75 3,000.00 199.00 4,822.12 80.94 168.00 392.38 3,998.28 226.00 657.62 2,623.64 130.54 368.03 171.37 140.00 306.35 214.60 20.00 40,511.00 600.00 28.50 654.54 43.18 150.00 14.60 56,396.13 163.16 66.20 14,602.00 150.00 1,000.00 324.29 672.94 547.73 26.07 1,712.52 500.00 4,491.00 102 24 42 00 194 82 15 62 74 00 199 98 ACS FINANCIAL SYSTEM 03/18/2004 16 Check History 03/22/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT STANDARD SPRING STREICHER' S GUN' S INC/DO SUBURBAN RATE AUTHORITY TECHDEPOT TKDA TOUSLEY FORD TR3~IS -ALARM INC U. S. BANK VAN-O-LITE VERI Z0N WIRELESS VIKING SAFETY PRODUCTS WELLE AUTO SUPPLY INC WW GRAINGER, INC XCEL ENERGY (N S P) ZIEGLER INC CHECK NUMBER 107582 107583 107584 107585 107586 107587 107588 107589 107590 107591 107592 107593 107594 107595 107596 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 4 AMOUNT 285.42 31.95 600.00 65.54 643.81 20.71 261.76 1,150.00 17.57 6.65 47.28 23.98 6.04 619.61 197.17 774,134.47 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/18/2004 16 Check History GL540R-V06.60 PAGE 5 03/22/04 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 774,134.47 RECORDS PRINTED - 000721 ACS FINANCIAL SYSTEM 03/18/2004 16:04:39 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 212 STATE AID MAINTENANCE 213 PARIC~IEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 261 TWENTY-FIRST CENTURY GRANT 270 DARE PROJECT 387 G.0. IMPROVEMENT BOND 1999A 388 G O IMPROVE/REV BONDS 2003A 412 CAPITAL IMPROVEMENT PARKS 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 1 WATER FUND DEBT SERVICE · 2 SEWER FUND DEBT SERVICE ~q~ STORM SEWER DEBT SERVICE ~1 CENTRAL GAl{AGE 720 DATA PROCESSING 884 INSURANCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 55 580.07 4 758.60 69 526.44 1 243.92 39 165.75 1 200.00 1 584.75 1 527.00 98.00 1,377.50 322.35 373.75 206.33 10,706.85 2,058.49 4,859.51 6,708.90 58,329.65 106,992.68 18.00 127,696.19 351.77 7.41 210.74 12,259.10 5,795.20 40,511.00 220,496.52 168.00 774,134.47 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 774,134.47 774,134.47 CITY COUNCIL LETTER Meeting of March 17, 2004 AGENDA Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: . i DATE: NO: 2004-16 DATE: March 17, 2004 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Greg Heinen regarding rental property at 1020 44th Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: copies available to the public. Move to waive the reading of Resolution No.2004-16, there being ample RECOMMENDED MOTION: Move to adopt Resolution No. 2004-16, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pm'suant to Ordinance Code Section 5A.408(1) of the Rental License held by Greg Heinen Regarding Rental PrOperty at 1020 44th Avenue NE. COUNCIL ACTION: P. 75 RESOLUTION 2004-16 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY GREG HEINEN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1020 44a'n AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 29, 2004 OF A PUBLIC HEARING TO BE HELD ON MARCH 22, 2004. 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 on December 18, 2003, John Larkin, ,.inspector for the City of Columbia Heights, received a complaint and inspected 'the property and noted one violation. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. That on March 2, 2004, John Larlch~, inspector for the City of Columbia Heights, reinspected the property and noted that the'onq violation remained uncorrected. The Statement of Cause was mailed by certified mail to the owner at the address listed on the Rental Housing License Application. That based upon said records of the Enforc'em~m Officer, the following conditions and violations o£the City's Residential Maintenance Code were found to exist, to- FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE Illegal rental unit in the basement of the single family home. In violation of the cities zoning ordinance and the State Building Code. FAILURE TO SUBMIT REINSPECTION FEES OF $100.00 P. 76 : 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 1020 44th Avenue. NE. is in violation of the provisions of the Colmnbia Heights City Code as set f0rtii"in the Colnpliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearh~g, and any other hearings relevant to fl~e revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder deschbed herein and identified by license lmmber 1'5868 is hereby revoked/suspended (cross out one); The City will post for the purpose o£preventing occnpancy a copy of this order on the buildings covered by the license held by License Holder; All tenm~ts shall remove themselves from the premises within 60 days from the frrst day of posting of this Order revolting the license as held by License Holder. Passed this Motion by: Second by: Roll call: __ day of March 2004 Attest: Patricia Muscovitz, CMC Deputy City Cleric/Council Secretary Mayor Juliem~e Wyckoff P. 77 .. CITY COUNCIL LETTER Meeting of: March 22, 2004 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: '--]-C- I Fire Z ITEM: Joint Powers Agreement between BY: Charles Thompson BY'.' /~..~.,~. Anoka/Champlin, Fridley, and Columbia Heights for the purchase of Self Contained DATE: March 22, 2004 DATE:/ / Breathing Apparatus (SCBA) /~ ¢~O/,O NO: · Background: Fire Department staff fi'om the cities of, Anoka/Champlin, Fridley, and Columbia Heights have been meeting to discuss ideas for potential cost savings measures in corn_mort activities. One of'the first recogtfized m-ess was the replacement of. our current Self, Contained Breathing Apparatus (SCBA). Because all cities were interested in replacing their SCBA equipment, we decided to put our resources together to get the best price possible for this equipment and form a Joint Powers Agreement. Analysis and Conclusions: As the cities continue to meet, it was felt that all tl~'ee cities are on the stone thneline for ~:eplacement. This Joint Powers Agreement is similar to past agreements which our own Public Works D'epartment has been a pm-t of. Staff feels that substantial savings will be recognxized by purchasing a high volume of.these SCBAs. Tlfis is a project that the Fire Department would normally bid out on an individual basis. The Joint Powers Agreement is set up with Anoka/Champlin taking the lead on advertising and then submitting to all cities involved the bid specifications when the process is closed. Because the cities of Columbia Heights mad Fridley will assist in advertising locally, this process will not involve may additional cost to the cities involved. RECOMMENDED MOTION: Move to approve the Joint Powers Agreement between the cities of, Anoka/Champlin, Ffidley, and Columbia Heights/,or the joint public bidding of Self Contained Breathing Apparatus mad to authorize the Mayor mad City Manager to enter into an agreement/,or the same. 04-32 Attachments COUNCIL ACTION: P. 78 Columbia Heights Fire Department Self Contained Breatlfing Apparatus (SCBA)'Surnmarv ha March of 2003, the Fire Department began the review of our current Self Contained Breathing Apparatus (SCBA) equipment. The attached document is the result of this evaluation. SCBA's m'e used by our firefighters when exposed to IDLH (Immediately Dangerous to Life mhd Health) atmospheres. These are the conditions which firefighters face when fighting a fire or when exposed to a hazardous materials situation. Because of several catastrophic failures with our cm-rent air packs, fire department management decided to do an in-depth review of all current air Packs mhd make the appropriate reconunendations to the City Council for action. We have had four con_fumed total failures of these ah' packs in IDLH atmospheres during actual emergency and training events. To have even one failure with this type of equipment could have potential fatal results. Each thne we tm-ned the SCBA over to the supplier for examination mhd corrective action, the vendor gave excuses for the product stating that the only way this could happen is if we had moisture in our air system. Each year we test our air system for impurities and moisture and we have always fallen into the acceptable levels. Firefighter and management's confidence in om' air packs is ~rfinimal at best. We feel that they must be replaced before we incur a preventable injury or worse. Not only do we currently have undependable SCBA equipment, but we also face many eqnipment repairs, upgrades, and new air pack purchases for the new ladder track which will arrive this fall. The total cost with the purchase of ten new ah' packs and the repair and upgrades which are mandatory will be in the midto upper $70,000 dollar range (see attached document). This is an unacceptable amount to put into air packs nearing ten years of age. The anticipated price to replace these air packs and masks will be ha the area of $120,000. The recommendation from the fire department is to take these funds from the 2004 capital equipment fimd which has a current balance of$208,011.46. This is the ftmd originally set aside for the purchase of a new fire engine. However, when the fire department received the Assistance to Firefighter Grant, Council authorized the re- direction of the funds for the purchase of our quint. It is recormnended that we utilize ftmds to purchase the new Self Contained Breathing Apparatus from these funds. The City of Colmrtbia Heights, like many Miunesota cities, was impacted very seriously by the loss of local govermaaent aid during the last legislative session. Because of the loss of aid, Colm'nbia Heights Fire Department staffhas been looking for ways to economize in fire department operations. As a result of our efforts, we have become aware of a "Joint Powers Agreement" that currently exists or has existed between cities throughout Mimaesota. This type of agreement has merit for cities looking to purchase like equipment. The cities of Anoka/Champlin and Fridley: are also currently looking to purchase SCBA's ha the near futm'e. After consulting~with representatives fi'om those cities, the consensus is that a Joint Powers agreement for the purchase of Self Contained Breatlting Apparatus would be beneficial to all three cities and that there is the possibility of sigtfificant savings if such an agreement were to ,be created. P. 79 2004 costs to bring SCBA / Fire Department into compliance Item Frequency # of Units Price per unit Total Cost Hych'ostatic test Every 3 years. 40 Bottles $ 27.00 $ 1,080 and visual (Note: bottles to inspection be replaced before 2/2010) Mm~datory 6 Every 6 years 20 SCBA Units $ 77.20 $1,544 year overhaul Mm~datory Am~ually 20 SCBA Units $ 16.20 $ 964 screen/filter 32.00 -Labor replacement 48.20 Fit testing of Ammally 35 Fire Fighters $ 500.00 $ 500 SCBA facepieces Pay once every Ah'eady paid in 4th year 2003 Medical Ammally 38 Fire Fighters . $ 75.00 $ 2,850 evaluation & Spirometry test Properly fitted As needed 3 Fire Fighters $ 340.00 $ 3,740 face pieces could not get a Per new face seal in 2003. piece 8 new masks for Fire Fighters Should strap As needed 22 of 40 sta'aps $ 60.00 $ 1,320 replacement need replacing in 2003 Bottle repair As needed 1 valve body $ 268.00 $ 1,072 needs replacing (4 Bottles) Other repairs As needed 14 - 1st stage regul~ttors may need Est $ 2,500 See table SCBA repair or replacement. Sm-vey 2/2003 1 - 1st stage regulator hose and 2 - 2nd stage hoses are worn. 2 - gauge guards Cost: Repa/r Cun'ent: $15,070 Plus 10 new paks for ladder mhd 2 rescue tracks: $ 54,055 ($5,405.50 per pak x 10 paks) $ 69,125 P. 80 JOINT POWERS AGREEMENT 2004 JOINT PURCHASE OF SELF CONTAINED BREATHING APPARATUS (SCBA) Tlfis Joint Powers Agreement ("Agreement") is by mhd between the cities of Anoka/Champlin, Columbia Heights, mhd Fridley (hereinafter individually the"City" mhd collectively the "Cities"). WHEREAS, the Cities have a conn~on need to purchase like equipment; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one co,tarpon contractor; WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of cram-non or similar powers by governmental m~its and also provides that any one governmental trait may perform on behalf of another governmental m~it any service or function wlfich that unit would be authohzed to perform for itself; 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. Purpose. The Cities agree that tt~ey have joined together for the purpose of obtaining a co~rnnon bid on Self Contained Breathing Apparatus (SCBA) and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Anoka/Champlin shall prepare any plans, specifications, bid proposals and advertise for bids for the replacement of each department's self contahaed breat!~n_g apparatus. Shortly after the execution of this Agreement, Anoka will provide each City with a bid form for the specifications for the P. 81 SCBA's. Within T14rty (30) days after receipt of the bid form, each City shall provide to )moka their estimated quantities for the various SCBA's and options anticipated. If a City fails to retm'n the bid form within Tlfirty (30) days, Anoka/Champlin may, at it's own discretion, exclude That City fi'om the bidding process. 3. Bid and Award. After receiving the bid quantities fi:om each participating City, Anoka/Champlin shall prepare final plans and specifications and advertise for bids in accordance with state law. Anoka/Champlin shall tabulate the bids upon their receipt and make a recolmnendation of award to the Cities. The Cities shall have Thirty (30) days after receipt of the recommendation of award to provide Anoka/Champlin with written approval or rejection of Anoka/Chan~plin's recolmnendation of award. Cities that reject or fail to respond to Anoka/Champhn's recommendation shall be excluded from the bid award. After receiving the approvals described herein, Anoka/Champlin shall award the SCBA contracts pursuant to state law. 4. Opting Out. The parties hereto recognize that municipal ftmding sources and spending priorities may change tltroughout the bidding and award process. In recognition thereof, witlfin sixty (60) days after a bid has been awarded,: aCity may opt out of any individual bid award and contract by providing written notice~to the Anoka/Champlin Fire Chief, 2015 1st Avenue North, Anoka, Mi~mesota 55307..~ ~ 5. Responsibilities. Each City shall be individually responsible for: a. preparing specific options for each.department's needs; b. estimating the quantities; and P. 82 '"' c. advertising in their local official newspaper. 10o Payments. In accordance with the specifications, a contractor will be chosen from the bids received. Each City shall pay invoiced mnom~ts directly to the contractor and shall hold harmless Anoka/Chatuplin fi:om any said amom~ts owed. Indemnification. The parties mutual agree to indenmify and hold each other hanuless from all claims, demands, and causes of action of any kind or character, inclnding the cost of defense thereof, resulting from the acts or omissions of their respective com~cihuembers, officers, officials, agents and employees relating to activities conducted under this Agreement. Termination. Tlfis Agreement will.automatically tenr~inate on July 30, 2004. However, a City may choose not to participate by not responding to any of the deadlines s~ fOrth in this Agreement or by opting out as provided in Paragraph 4 herein.:. Representations. Each of the CitieS rePresent that its governing body has duly authorized the execution and deliVery hereof, and that upon such execution and del/very, this Agreement will be binding as against such patty. .-.i~ Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereto..This Agreement shall not be altered or amended, except by agreement in writing signed by the pat-ties hereto. If P. 83 any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent juhsdiction, this Agreement in its entirety shall be null and void. This Agreement may be simultaneously executed in several cotmter parts, each of which shall be an original and all of which shall constitute but one and the sm~ae instrument. Tlfis Agreement shall be construed in accordance with the laws of the State o£Mirmesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the Dates set forth below. CITY OF COLUMBIA HEIGHTS CITY OF FRIDLEY By: ;By: Mayor Mayor By: By: City Manager ... Dated; Dated; City Manager CITY OF ANOKA/CHAMPLIN By: Dated; Fire Board