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Home My WebLink AboutFebruary 28, 2005 RegularCITY 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 Mayor Ga~y L. ?eterson Councilmembers Robert ,4. Williams Bruce Ncm,rocki Tammera Ericson Bruce Kelzenberg Cig~ &Itlnager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 28, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) ' 1. CALL TO ORDER/ROI,l, CALL/INVOCATION Invocation by Pastor Mark Klemme, ChristLife Evangelical Church 2. PLEDGE OFALLEGIANCE 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 Cotmcil under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - 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 fi'om 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 City Cotmcil Meeting Minutes for February 14, 2005 regular City Cotmcil meeting P4 MOTION: Move to approve the minutes of the February 14, 2005 regular City Council meeting as presented. 2) Accept Boards mad Commissions Meeting Minutes MOTION: Move to accept the February 1, 2005 minutes of the Public Library Board P 17 MOTION: Move to accept the February 1, 2005 lninutes of the Plmming/Zoning Commission P 19 3) Establish Work Session meeting date for Monday, March 7, 2005, begi~ming at 7:30 p.m. in P21 Conference Room 1. MOTION: Move to establish a Work Session meeting date for Monday, March 7, 2005 begimaing at 7:30 p.m. in Conference Room 1. Upcoming Work Session Items: 2.'00 a.m. Bar Closing, Banning of Ultimate Fighting Ordinance, Purchase of Reverse Calling System, Request fi'om Dragon House to use Police Department Logo and squad in trainingfilm, Planning and Zoning Commission appointment. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY P-MPLOYER City Coun¢iI February 28, Page 2 of 3 4) 5) 6) 7) 8) 9) lO) 11) Agenda 2005 Authorize paymem of $18,508.80 to Anoka County for administering the 2004 Tax Increment Financing Laws of Mim~esota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. P22 MOTION: Move to authorize payment of $18,508.80 to Anoka County for administering the 2004 Tax Increment Financing Laws of Mim~esota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fm~d. Approve application for Raffle event at Immaculate Conception Church P25 MOTION: Move to direct the City manager to forward a letter to the State Charitable Gambling Control Board indicating that that City of Columbia Heights has no objection to a raffle event to be conducted at hmnaculate Conception Church, 4030 Jackson Street NE on April 9, 2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Approve application for Raffle, Make~A-Wish Foundation of MN at Stat' Central P33 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Boat'd indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at Stat' Central 4001 Central Avenue NE Columbia Heights on April l, 2005; and fat-therlnore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Approve application for Raffle, Little Voyageurs' Montessori School, St. Timoth¥'s Lutheran Church P42 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Tilnothy's Lutheran Church, 825 51st Avenue, Colmnbia Heights, on May 10, 2005; and furthermore, that the City of Colmnbia Heights hereby waives the remainder of the thirty-day noti~e to the local governing body. Adopt Resolution No. 2005~12 being a Resolution amending Resolution No. 2005-05 authorizing and directing the condemnation of certain property for redevelopment and road purposes P49 MOTION: Move to waive the reading of Resolution No. 2005-12, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-12, being a Resolution amending Resolution No. 2005-05 authorizing and directing the condenmation of certain property for redevelopment and road purposes. Establish a Hearing Date of Mat'ch 14, 2005 for revocation or suspension of rental property license at 600 51st Avenue P58 MOTION: Move to establish a heat'ing date of March 14, 2005 for revocation or suspension of a license to operate a rental property within the City of Colmnbia Heights against Anthony Chester at 600 51st Avenue N.E. Approve the items listed for rental housing license applications for February 28, 2005 P59 MOTION: Move to approve the items listed for rental housing license applications for February 28, 2005. Approve Business License Applications P65 MOTION: Move to approve the items as listed on the business license agenda for February 28, 2005 as presented. City Council Agenda February 28, 2005 Page 3 of 3 12) Approve Payment of Bills P67 MOTION: Move to approve payment of the bills out of the proper fiands as listed in the attached check register covering Check Number 111776 through 111940 in the amount of $920,510.60. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4824 Stinson Blvd P75 MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Alicia Anderson regarding rental property at 4824 Stinson Boulevard in that the violations on the prope~-y have been corrected. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Emergency Ordinance No. 1481, being an Ordinance repealing Ordinance No. 1449 and imposing a moratorium on Automobile Dealerships in the General Business Districts. P76 MOTION: Move to waive the reading of Ordinance No. 1481 there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1481, being an Ordinance imposing a inoratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. B) Bid Considerations -none C) Other Busin ess 8. 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 comments to five minutes.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehs~, City Manager WF/pvlll OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBURARY 14, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 14, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 p.m. Present: Mayor Peterson, Councilmember Williams, Councihnember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg The invocation was given by Father A1 Backmann, Immaculate Conception Church. PLEDGE OF ALLEGIANCE - Recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki objected to two items placed on the agenda from the work session, which he had to leave early to attend a required meeting at the County. That agenda was set for one item and should have been limited to that. The architectural bids for the Municipal Service Center and the P&Z appointments should be taken off the agenda. Nawrocki requested to add discussion of 2:00 a.m. bar closings and the incident at the pool hall. Williams stated that the two items requested to be removed could be discussed and acted upon tonight. Ericson stated the items could be tabled at the time of discussion. Peterson agreed to add the items requested under Other Business 7C. Peterson requested to add discussion of a Board and Commission policy change. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Tax Base Revitalization Account Grant Peterson introduced Tony Pistilli, our Metropolitan Council Representative and Robin Kaufrnan, Sector Representative for District 2. Pistilli presented the award of $288,000 for second phase clean up of the industrial park site. He indicated the Met Council's excitement to be a partner and financial contributor to this project. He stated that the City of Columbia Heights has gained over $2,000,000 and staff should be congratulated, as it is not often a community receives that much. He handed out articles and a newsletter, which indicated how the Metropolitan Council partners with communities. Williams stated that it was our honor to have Pistilli as our representative and asked that residents be aware of what the Met Council does for us. Fehst stated that he has been in conununities that have not been as lucky, but the harder we work the better luck we have. Fehst thanked the Council, as they initiated this redevelopment as their number one priority. Fehst thanked Kaufrnan for her hard work and coordination with staff. Peterson added his appreciation to the Met' Council for their cooperation. CONSENT AGENDA City Manager Walt Fehst took Council members tlm'ough the Consent Agenda items. 1) Approve CiW Council Meeting Minutes for Januarf 24, 2005 regular Ci_ty Council meeting Motion to approve the minutes of the January 24, 2005, regular City Council meeting as presented. Nawrocki indicated his concern on quality of work if the industrial park developer were to use Rylan Builders. Nawrocki referred to the used car lots on 40th and Washington and suggested a closer look at what we desire for car lots. He also suggested a limit to the number of rental units allowed in Columbia Heights. City Council Minutes February 14, 2005 Page 2 of 13 2) Accept Boards and Commissions Meeting Minutes a. Motion to accept the Planning & Zoning Co~mnission minutes of February 1, 2005. b. Motion to accept the Charter Commission minutes of January 21, 2005. c. Motion to accept the Telecommunications Commission minutes of January 20, 2005. d. Motion to accept the Library Board of Trustees minutes of January 4, 2005. e. Motion to accept the EDA minutes of December 16, 2004. f. Motion to accept the HRA minutes of December 16, 2004. g. Motion to accept the EDA minutes of December 6, 2004. h. Motion to accept the HRA minutes of October 19, 2004. 3) Establish date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p.m. in the City Council Chambers. Motion to establish date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p.m. in the City Council Chambers. Fehst stated this is for people to address concerns about their assessed property value, or residents can call the County with their questions prior to that time. Nawrocki stated the reason he left the work session meeting early last Monday to attend the required County Board of Appeal Training. He offered the brochure for review and indicated that if there is not someone at the local meeting who is certified, the meeting cannot be held. He encouraged other Council members to attend if additional training is held. He stated that in the past we were given options for the Board of Review meeting date. 4) Second Reading to Adopt Ordinance No. 1479, amending Ordinance 853, Ci_ty Code of 1977, pertaining to Zoning and Development Ordinance #1428 - amending P&Z Fee Schedule. Removed. 5) Authorize the Capital Equipment replacement of Unit #23 Ingersol Rand Street Pavement Roller Motion to approve the Capital Equipment Replacement of Unit #23, an Ingersol Rand 5-ton pavement roller, with a Bomag BW 120AD-3 5-ton roller from the State of Minnesota Purchasing contract, held by Sweeney Brothers of Burnsville, MN in the amount of $15,850, plus tax, subtracting a trade-in of $2,000; with funding appropriated from the Streets Capital Equipment Fund 431-43121-5180. Nawrocki stated that he viewed the existing machine and the drums are quite damaged. He had suggested renting a unit and was told the cost was $1,800 a month. Nawrocki stated that we would have received a better rate through seeking proposals. Kevin Hansen, Public Works Director, stated the unit is 14 years old, and the condition of the drums is not unusual. Before the availability a trailer, the piece was driven to the job. Staff does check available pricing on any purchase. Hansen stated that the cost to lease the roller was $1,700 per month. It is used as part of the overall street operations and is very important for its specific use. Nawrocki stated that the seller would still give us $2,000 for it, so it still has value. Hansen stated that the company has a buyer who will use it for packing dirt. Williams listed the labor and materials spent on this piece of equipment over the last four years. 6) Approve Anoka County 2005 Joint Powers A~'eement Score Funds Motion to authorize the Mayor and City Manager to enter into the 2005 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $46,634.73 available as reimbursement for eligible expenses. City Council Minutes February 14, 2005 Page 3 of 13 Fehst stated they reimburse us for running the recycling program and recycling center, at about $465 less than last year. We have a successful recycling progrmn. Nawrocki asked if the standards the same as in past years? Fehst stated he did not know if the goal increased and would get this information to pass on, He stated that we have reached the goal every year. 7) Establish a Heating Date of February 28, 2005 for revocation or suspension of rental property_ license at 4824 Stinson Blvd. Motion to establish a hearing date of February 28, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Alicia Anderson at 4824 Stinson Blvd. N.E. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 14, 2005 as presented. 9) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 111509 through 111775 in the amount of $1,532,217.87. Nawrocki referred to a bill for tables at Sullivan Park, which only received two bids. Hansen stated that was discussed by the Park Commission in 2004. He explained their quality and graffiti resistance. Only two bids are required and funds will come from this year's budget. Nawrocki questioned an additional $1,500 for appraisers Patchin Messner and Dodd, which were paid $17,000 last time. He questioned how many more appraisals we will have them do with out getting bids. Fehst stated it is his intention to have bid proposals for large items, even though we are not required to do so. He indicated the requested information on funds spent in the industrial area have been tabulated and are available. The Patchin appraisals are paid for by the developer through their account with the city. Motion by Ericson, second by Williams, to approve the Consent Agenda items, with the exception of item #4. Upon vote: All ayes. Motion carried. #4 Second Reading to Adopt Ordinance No. 1479, amending Ordinance 853, CiW Code of 1977, pertaining to Zoning and Development Ordinance #1428 - amending P&Z Fee Schedule. Peterson closed the hearing Motion by Williams, second by Kelzenberg, waive the reading of Ordinance No. 1479, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Willimns, second by Kelzenberg Move to adopt Ordinance No. 1479, being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, nay; Ericson, aye; Peterson, aye. 4 ayes - 1 nay. Motion carried. ORDINANCE NO. 1479 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 9.405 (5) Is hereby amended to read as follows: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. A minimum escrow shall be payable at the time an application is filed with the Zonh~g Administrator. Upon £mal approval, or withdrawal of the application by the applicant, any remaining escrowed funds not City Council Minutes February 14, 2005 Page 4 of 13 spent in reviewing the application shall be returned to the applicant. If the cost to review the application exceeds the minimum escrow, the applicant shall pay the outstanding balance. Payment of all fees is a condition of application approval. This ordinance shall be in full force and effect from and after 30 days after its passage. PUBLIC HEARINGS A) Adopt Resolution No. 2005-06 being an Order regarding the maximum permitted cable basic programming service and Adopt Resolution No. 2005-07, being an Order regarding the maximum permitted cable equipment and installation rates. Linda Magee, Assistant to the City Manager, stated that on or about March 1, 2004 Comcast filed forms 1240 and 1205 for basic rates and installation rates. The City must hold a public hearing to provide interested persons the opportunity to give their opinions. Any comments heard may be considered by the City Council for their regulatory hearing. The notice was published in the Focus newspaper, on our cable channel and our web site. She stated that Mike Bradley, from Bradley and Guzzetta, and Kathy Donnelly Cohen, from Comcast, were present to answer questions. Nawrocki indicated this is an eight percent increase. He gave the history of local community rights to regulate of these franchises. Deregulation does not allow for meaningful competition and rates continue to increase. He indicated that Ms. Cohen does an excellent job working with us, but we really cannot stop their increases. Peterson questioned if the franchise fees we receive also increase. Magee stated that we receive five percent. Williams indicated that the rates are lower than allowed. Magee agreed they are lower in the areas that we can regulate. Nawrocki stated the cost is $55 a month for regular service, which was $12 to $15 per month when we started. Williams pointed out that residents could obtain universal service for free, which includes the govermnent access channel. Magee stated that information is available in every City newsletter. Lynette Thomson, 4024 Jefferson, stated she is happy with her standard service with an analog TV. She questioned the amount of advertisements and phone solicitations received. She spoke to a representative regarding the cost increase, and asked if she would now receive the Twins games. Kathy Donnelly Cohen apologized for the FOX network Twins game issue, but stated that has nothing to do with the increase. The issue tonight is the maximum rate, and Comcast charges less than the amount allowed. Residents also have the option of Basic or Universal service. These options are not available in all comanunities. Increases are due to the fees passed down from the networks, and significant improvements made to local service, such as $250,000,000 to make HDTV and Internet service available. Cohen stated that representatives receive 385 hours of training before servicing customers. Comcast also has on demand programming, of which 85 percent is free. Comcast donates to communities, and gives scholarships. Cohen stated their competition is dish service, which has gone up eight percent. Williams asked if the Twins games would be shown this year. Cohen stated yes, on the FOX channel. Williams questioned how Comcast obtains the programs. Cohen stated they have a purchase contract with each station. Cohen described the On-demand service; digital cable is required. Nawrocki stated that Comcast also handles the City of St. Paul and asked the rate difference. Cohen stated that the Columbia Heights rate is $43 and St. Paul's is $47. Nawrocki indicated that St. Paul has a senior rate. Cohen stated that Columbia Heights has the free Universal service for any resident. Thomson questioned receiving specific channels. Fehst stated those were part of the Tier 2 service. City Council Minutes February 14, 2005 Page 5 of 13 Mike Bradley indicated that the City of Fridley has Time Warner, referring to the FCC video competition report. Bradley described the two resolutions under consideration. Ericson clarified that there is not an installation charge if the home previously had cable. Cohen stated there is no installation charge for Universal service it and allows for a 125 foot drop. There would be an additional charge for added outlets. Dolores Strand, 1145 Polk Place, read a statement on the origin of the franchise in our City dating back to 1981. She stated that she was on the original committee. Initially, cable was to be advertisement free. Strand indicated she had been against selling our shares, but majority ruled. She commended and complimented the current Cable TV staff of Steve Antus and Mary Guy and City employee Jean Kuehn. She stated that Sister Cities International is envious of the publicity our Sister Cities group gets. The Witamy Heights series is exceptional and is shared with other co~mnunities. Strand stated her concerns were the increase of cable fees, the number of cmmnercials broadcast, and listed the different agencies that she has contacted with her concerns. She stated that nothing can be done because of the cable television deregulation. This exploits the cable customer and should be investigated. The only subscriber option is to cancel service. Consumers should have more options. Strand invited everyone to watch the Witamy Heights interview on February 18, 19, and 20 regarding a trip to Poland. Nawrocki gave further history on the beginning of cable in our community, the bids and the proposal to supply service the way it was wanted. The franchise originally belonged to the local community. Fehst stated that the "no commercials" is a promise gone bad. It is always an option to drop the service, but receiving only the channels you personally want will not happen. Cohen addressed the issue of ala carte programming, on which the FCC did a feasibility study, which is available on line, indicating consumers would pay the same for five channels as they do for 40 channels now. Fehst thanked Strand for voicing what has also been his opinion. Cohen stated that service and technology are very different today from 1981. Thomson questioned if"On-demand" is like "TiVo". Cohen described the differences. Leonard Deering, 4311 Jefferson, questioned how we got involved with Comcast and in what year. Nawrocki again gave the history, stating that Comcast is the latest company to own the franchise. Deering asked if there is any way to get the cost reduced. Peterson explained that he probably has more service than he needs and can reduce to a lesser level. Peterson closed the public heating. Motion by Ericson, second by Williams, to waive the reading of Resolution No.2005-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution 2005-06, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Fonn 1240 filed by Comcast on or about March 1, 2004. Nawrocki stated that both resolutions come with the recommendation of the Telecommunications Co~mnission. Upon vote: All ayes. Motion carried. City Council Minutes February 14, 2005 Page 6 of 13 Motion by Ericson, second by Williams, to waive the reading of Resolution No. 2005-07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution 2005-07, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2004. Upon vote: All ayes. Motion carried. Resolutions No. 2005-06 and 2005-07 are attached to the end of this document. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4656-4658 Polk Street Peterson closed the public heating regarding the revocation or suspension of the rental license held by Va Megn Thoj regarding rental property at 4656-4658 Polk Street N.E. in that the violations on the property have been corrected. ¢) Public Hearing called for Revocation/Suspension of Rental Housing License at 4600-4602 Johnson Street Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Tracy Saloka regarding rental property at 4600-4602 Johnson Street in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION Bid Considerations 1) Adopt Resolution No. 2005-08, being a Resolution accepting proposals and awarding contract for architectural services for the building maintenance project at the Municipal Service Center (MSC). Hansen referred to the Council letter, stating that eleven proposals were sent and six were returned. This is to address major maintenance needs and is not an expansion of the facility. He listed the needs: roof replacement, building exterior masonry deterioration due to moisture intrusion, adding a wash bay in the basement for heavy equipment, gender issues for female restrooms and dressing rooms, ADA issues, security to building identical to city hall, HVAC system balancing needs, expansion of the electric panel, and more secure public access with a separate lobby area. This has been in the budget process for the last four years with about $450,000 in building fund 411. The estimated total renovation is $750,000. We would use cash on hand and borrow the rest internally, with pay back over the next four to five years. He recommended Buetow and Associates, as they met all requirements of the RFP. Hansen stated that at this point staff is asking for the award of an architectural services contract focusing on major maintenance needs of the building. To answer Nawrocki, Hansen stated that none of the funds are from the capital expenditure fund. Nawrocki stated that he has been on the roof and does not feel it needs to be replaced, though it does have some gaps in the edging. He agreed with painting the exterior walls to keep moisture out, and does not see the need for a wash bay. Nawrocki stated that he does not disagree with the women's restroom and dressing room, but the elevator is not needed. When this was built, it was determined that staff would help anyone up the stairs. There is street level access from the west side of the building and access to the lower level at the east side of the building. Nawrocki questioned the value ofreconfiguring the main entrance. Nawrocki indicated that the roof bids should be separate from the other work, as it is specialized. Hansen stated the desire to address all necessary maintenance items together. Nawrocki questioned past problems with the library roof. Fehst stated that was a membrane roof that had similar problems, and patching did not work. We now have a built up roof on the library, which seems to be doing quite well. Fehst stated that City Hall had a leakage problem by a duct. Nawrocki stated he would not vote for the whole package and suggested we would get a better price by handling the roof as a separate item. A specialist would deal directly with a roofing City Council Minutes February 14, 2005 Page 7 of 13 contractor, not subcontract it out. Hansen stated that we received a bid from RHA on the roof, which he would not recommend based on the proposal given. We would be able to bid the roof separate through this architectural engineer for a cost effective roofing system with a 25 year guarantee and an additional 20 year option. The recolvnnendation was for a build up roof. Peterson stated this is a premium asphalt roof type. Willimus indicated this only asks for architecture fees. He stated that we do need to address placing a cement floor in the basement of the building at this time. Nawrocki stated that the architectural fees do not cover an elevator or paint room. The cost would then be $62,000 including the extras. Hansen stated this proposal would look at building code issues and ADA requirements. Nawrocki gave his view that this is overdoing what is needed on the building. Peterson stated that if we start remodeling the elevator might be an ADA requirement. Hansen recommended looking at this as an overall project for cost savings. Staffhas determined these needs to extend the life of the building. Nawrocki referred to drains that are plugged. Williams reiterated this would be necessary to maintain the building for the next 25 years, and it is our job to encourage getting the best bids possible. Motion by Williams, second by Ericson, to waive the reading of Resolution No. 2005-08, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Resolution No. 2005-08, and accept the bids for Architectural Services and award the bid to Buetow & Associates of St. Paul, MN based on their qualified bid in the amount of $54,750; and, authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-08 RESOLUTION ACCEPTING PROPOSALS AND AWARDING CONTRACT FOR ARCHITECTURAL SERVICES FOR THE BUILDING MAINTENANCE PROJECT AT THE MUNICIPAL SERVICE CENTER (MSC) PROJECT #0503 WHEREAS, the City of Columbia Heights prepared a Request for Proposals (RFP) for City Project No. 0503, Architectural Services for a building maintenance project at the Municipal Service Center (MSC), proposals were received, opened and reviewed by staff. The following proposals were received by the due date stipulated in the RFP: Total Bid Phillips Architects & Contractors Buetow & Associates Hay Dobbs Bonestroo, Rosene, Anderlik Oertel Architects JEA Architects $52,500.00* $54,750.OO $62,035.00 $65,000.00 $68,550.00 $73,780.00 WHEREAS, it appears that Buetow & Associates Architects, 2345 Rice Street, Suite 210, St. Paul, Minnesota 55113 is the lowest responsible bidder. (*Bidder did not meet RFP requirements.) NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Buetow & Associates Architects, in the name of the City of Columbia Heights, for the Architectural Services for Building Maintenance Project at the Municipal Service Center City Project No. 0503, for the preparation of plans and specifications and construction administration. 2. The Architectural Finn of Buetow and Associates is hereby named the Project Architect. 3. City Project 0503 shall be funded with existing funds from City Fund 411, Capital Improvement - General Government Buildings. City Council Minutes February 14, 2005 Page 8 of 13 Other Business 1) Appointment to the Planning and Zoning Commission Peterson stated that we have very good applicants for this commission. Nawrocki stated that Mr. Thompson was a building official for other co~mnunities and Mr. Peterson is on the School Board. These two offer interesting points that could be of value to us. Motion by Kelzenberg, second by Ericson, to appoint Mike Peterson to the Planning and Zoning Commission for the vacant term to expire April 2009. Williams indicated that Mr. Thompson's application was not updated in the last year. Nawrocki stated he did tell Mr. Thompson that his application would be circulated to the Council. Williams stated that Mr. Baker's position would soon be open. Upon vote: All ayes. Motion carried. 2) Star Bar 2:00 a.m. request - addition to the agenda Peterson stated that the Star Bar has submitted a request to remain open until 2:00 a.m., as allowed by the State. Nawrocki stated he is opposed to this, as information from the Police Department indicated additional costs to change officers' hours to accommodate the extended hours. He described the history of liquor and wine licenses in the cormnunity. Fehst referred to the past 60/40 percent food sale requirement. Jim Hoeft, City Attorney, stated that the change to a two tier license was made by the City Council over five years ago, allowing establishments that did not meet the 60/40 requirement the ability to become licensed at a greater cost. Nawrocki asked to receive the infonuation on the change. Nawrocki indicated concern that this would cause additional disturbance at the senior high rise, and referred to past undesirable groups that required additional policing. It behooves us to consider what kind of operation we do want, if people want heavy music they can go down town. Nawrocki indicated that maybe now would be a good time to also look at the smoking policy. Fehst referred to an event in Fridley with arranged boxing fights in the bar, and suggested the ordinance limit that behavior. Ericson disagreed, stating the two activities are not tied together. Ericson stated that New Brighton, Mounds View, and Minneapolis allow 2:00 a.m. closings without additional problems and according to our Police Captain we have not seen any negative results in our community. We could require an additional fee to cover the cost and could include a sunset provision to expire at a set time, say in two years, to reevaluate the ordinance. We have had discussions on the type of businesses we want to attract and must make development reasonable. Nawrocki referred to the proximity of residential areas. Ericson referred to Jakes that has a 2:00 a.m. closing time. Nawrocki stated that the City of Hilltop would not approve 2:00 a.m. closings for their colmnunity unless Columbia Heights does. Peterson stated that we must be able to compete with our neighbors. There may be a hotel interested in coming to 49th or 46th Avenues, and they would surely want to stay open until 2:00 a.m. Peterson requested input from the community. Fehst stated that staff is exploring the Hopkins ordinance as a model. Nawrocki stated that he would be unable to attend the first council meeting in March and asked that the 2:00 p.m. bar closing not be presented then. Fehst anticipated it would come forward on City Council Minutes February 14, 2005 Page 9 of 13 February 28th. Peterson stated that the second hearing would not take place in Councilmember Nawrocki's absence. 3) Pool Hall incident - addition to the agenda Peterson referred to the shooting incident near the pool hall on Central Avenue last Thursday. Persons involved in the shooting were not from our community. He stated his pleasure with the fast action of our Police Officers, which sends the message that such activities will not be allowed in Columbia Heights. Nawrocki cormuented on the excellent job done by our Police Officers and the cooperation from other departments. He referred to a newspaper article indicating 200 police calls to the pool hall over the last few years. Fehst stated that Chief Johnson indicated a lot of calls those calls could be from management to keep things in line. Our Police Officers have indicated there is an occasional raising of dust, but overall this establishment has not been a problem. Fehst stated that we do not want to give a good business a bad name. Nawrocki questioned if management called the police when the individuals were sent out of the building. Hoeft stated that this is an active investigation. Peterson stated that the establishment was full, and officers were called as soon as any trouble was surmised. Peterson indicated that neighbors still have a positive attitude toward the business. Williams stated that this should not be a negative to our city; it happened and was taken care of quickly. He stated that we should not overreact. Williams indicated that our businesses should be discouraged from having ethnic nights. Fehst stated that this was not a specific ethnic night and was not league play. Williams referred to a resident that is moving out of our community because the school referendum failed. Nawrocki also referred to someone who moved out for that reason and also those that move because property taxes are too high. 4) Board and Co~mnission Interview Policy Change. Peterson suggested, to speed the process to fill board and commission vacancies, to have annual interviews during April or May interviewing all interested parties and establishing an eligible list of candidates. The Deputy City Clerk can use this list when a vacancy occurs. He stated that it is difficult to bring Council members together for the interview process and it sometimes takes six months to fill a vacancy. Nawrocki suggested this infonuation be placed on our cable channel, local newspapers, and in the City newsletter, indicating there are openings on all boards and co~xnnissions, as many terms expire each spring. Nawrocki encouraged residents to apply for a specific commission, but applicants can rank their preference. We do not have a backlog of applicants; so even with a developed list, residents can apply at any time. Fehst stated that he would ask both local newspapers to print an article asking for Board and Commission applicants. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Fire Chief Charlie Thompson has accepted the Fire Chief job with the Anoka-Champlin Fire Department. He referred to his resignation letter and indicated that his last day would be Tuesday, February 22, 2005. Fehst stated that Assistant Fire Chief Gary Gonnan would step in as Acting Chief until testing can be completed. He indicated the desire that qualified applicants from in-house would apply. City Council Minutes February 14, 2005 Page I0 of 13 Fehst stated that an offer has been tendered for the full time fire fighter position. All applicants crone from our paid on call fire fighters. All applicants passed the exam. The top three candidates were interviewed. Fehst indicated that Police Officer candidates have been interviewed, and two positions will be filled based on the final list. Fehst stated that the first Community Emergency Response Team (CERT) training was held last Thursday at 6:00 p.m. This training was led by Officers Dale Sorensen and Rob Harvey, who are doing an excellent job. The next training will be offered to residents. Fehst stated that he, Mayor Peterson and Councihnember Nawrocki are attending. The training is a nine week program. Fehst indicated there was an incident tonight in the pharmacy at the 40th Avenue and Central Avenue medical building. Someone demanded $40 in OxyContin, left a bag on the counter implying it was a bomb, and fled. Nawrocki asked for an accounting of industrial park costs. Fehst stated the information is complete and should be in council member's mailboxes. Nawrocki asked that the City Manager submit a list of items he would work on during the next month and give a report at the following meeting. Fehst stated that he has done this with department heads and will meet with them again this week. Nawrocki suggested looking at taking bids for our legal contract and that each department review their budget placing three to five percent in a dedicated reserve fund. Fehst indicated that his previous request was for two percent, and that a list has been compiled. Fehst indicated that staff is conducting an appraisal of law firm contracts and services rendered in other communities. Report of the City Attorney - none CITIZENS FORUM Deb Johnson, 4626 Pierce, suggested that each Board or Commission interview candidates for their vacant positions. Deputy Clerk Muscovitz stated that the City Code requires the City Council to do this. COUNCIL CORNER Kelzenberg · State Representative Barb Goodwin will hold a town meeting on February 19th at our Library. · Resigned as the Park Cormnission liaison, so Mayor Peterson could become more involved with the Huset Park master plan. Peterson asked Kelzenberg to attend the meeting for him on Februa~v 23''d. He agreed. Willimns · Attended the national prayer breakfast two weeks ago. 160 countries and many celebrities attended. · Read an email from Masjid Al-Iman of the Islmnic Center Mosque of Faith in appreciation for attendance at their Crossroads Conversations meeting. This strengthens multi-cultural ties in our City. There are 86 different countries represented in our public school system. · The Columbia Heights Mayor's Prayer Breakfast will be held on May 11th. · Attended the Landlord's meeting to discuss inspection fees. The landlords wanted what is best for the city. Lee Stauch reconnuended the $80,000 increase in fees. Assistant Fire Chief Gary Gorman did a wonderful job running the meeting. · Thanked Elaine Feeley for her emails and sympathized for the loss of her father. Ms. Feeley City Council Minutes February 14, 2005 Page 11 of 13 succeeded in getting the deer removed from the Water Works property. · Pray for our neighbors, friends, and our City and for the health and peace of one another. Ericson · Congratulated the 7th grade boys traveling basketball team on their 1st place win in the Lakeville tournament. They are still undefeated. The State Tournament is in March and encouraged residents to attend. · Spent two days last week at a public finance seminar, in a dual capacity. Many in attendance praised our City for the redevelopment in Grand Central Lofts and the industrial area. The feedback was extremely positive. · The Empty Bowls dinner will be Thursday, March 3rd at the Fridley Conur~unity Center for SACCA. The evening is dedicated to fighting hunger and attendees leave with a handcrafted bowl. · On behalf of the entire council - wished Councilmember Kelzenberg "A Happy Birthday". Nawrocki · Referred to comments at the public finance seminar. · Requested to set a meeting with our Legislators. · The CERT training is great. This is an emergency training he hopes we will never need to use. Corporal Okerstrom has put this together. Fehst stated the goal is to train 1,800 residents for an on call list. · Our Sister City Committee will hold a wheelchair fund raising spaghetti dinner on Sunday, March 6th at Murzyn Hall for our Sister City in Poland. · The new Council has been in business for one month, and gone reasonably well. Discussions have been civil and hopes that it continues. Peterson · Indicated that he has tickets available for the wheelchair fundraiser. There is less than $1,000 needed to raise the require $18,000 that will be matched by a California gentleman to purchase and ship 75 wheelchairs to our Sister City. He congratulated them on their hard work. This is quite an accomplishment. · The CERT training will be a great way to assist our cormnunity. It is also a way to meet new people and our Police Officers. · Was impressed with the landlord group at their meeting. It was a very positive experience. · Wished Fire Chief Charlie Thompson the best. He has been as asset to our co~mnunity for over five years. This is a move up for him. · The Tri City Hockey fund raiser was Friday, with 150-160 people in attendance. One of our employees won the $5,000. · Has been touched watching T.V. regarding our service people, including those in Iraq. We do not appreciate our service men and women as much as we should. Several times a day we should remind ourselves what they do for us. Say a prayer for them. We are proud of them and thank them. · Don't take ourselves too seriously. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:25 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary City Council Minutes February 14, 2005 Page 12 of 13 RESOLUTION NO. 2005-06 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2004, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2004 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2004 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2004 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the fight to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the fight to request and review data, and documents concerning the 2004 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the fight to request additional information concerning the 2004 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2005-07 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Fonn'" (hereinafter the "2004 FCC Form 1205"), on or about March 1, 2004, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2004 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2004 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and City Council Minutes February 14, 2005 Page 13 of 13 regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a f'mding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2004 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2004 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 1, 2005 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Hoium, Brace Kelzenberg, Catherine Vesley, and Becky Loader. Absent: Patricia Sowada. It was moved, seconded, and passed to approve the minutes of the January 4, 2005, Board meeting as mailed. Bill list dated 1/11/05 of 2004 bills was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 1/18/05 of 2004 bills was reviewed. It was moved, seconded, and passed that they also be paid. The 2004 accounting was reviewed. Bill list dated 1/24/05 of 2005 bills was reviewed. It was moved, seconded and passed that they be paid. The 2005 accounting was reviewed. Old Business: 1. ILS update was provided. The project is progressing rapidly. The live-on-line date is still set for May 17. Becky attended two intense days of meetings during which time the "policy" file was compiled. The implementation committee has scheduled weekly conference calls rather than try to meet in person. 2. Plans for a joint retreat with the Foundation Board and Library Board was discussed. No potential dates have been determined as of yet. 3. Editorial from the Northeaster of 1/13/05 was discussed as an informational item. 4. Citizen Emergency Response Team (CERT) information from the Northeaster article of 1/13/05 was discussed. Applications for this program are available at the library. New Business: 1. Thank you letter to the Sister Cities for the DVD and Videocassette of Honor of the Ci _ty: the Warsaw uprising was reviewed. 2. The Values First newsletter was reviewed and discussed. 3. It was moved, seconded, and passed to transfer $300.00 from line item 2183; Audio Cassettes to line item 2185; Compact Discs. 4. Article from the St. Paul Pioneer Press of 1/5/05 about library usage was reviewed. 5. Article about the Stillwater Public Library project was reviewed. 6. Library page, Terri Olberding, passed her test and will be starting a regular schedule. The remaining vacant page positions will be reevaluated in March. 7. At this time there is no update on filling the vacancy on the Library Board. There being no further business the meeting was adjourned at 7:40 p.m. Respectfully submitted, Jeanme M. Schm~dt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 1, 2005 7:00 PM The meeting was chlled to order at 7:10 pm. By Chair Szurek. Roll Call: Present: Schmitt, Szurek, & Fiorendino Also present were Pat Smith (City Plmmer), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Schmitt, second by Fiorendino, to approve the minutes from danztao: 4, 2005 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Plmmer Smith held a training session on Comprehensive Plans mad the Role and Responsibilities of the Commission. He explained there at'e four main goals of the Con-nnission. 1. To implement the Comprehensive Plan using various tools including the Zoning Ordinance, the Building Code, the Subdivision Regulations and the Capital Improvement Progrmns. 2. To keep the Comprehensive Plan up to date. 3. To stay non-political. The Plmming and Zoning Cmmnission members must rely on established policies and represent the cmmnunity as a whole. 4. To gather public input and hold public heatings as required. Smith stated the most important task they are responsible for is updating the Comprehensive Plan atad seeing that it is followed. The Plata must be updated every 10 years. This must be done again by 2008. However, Plamaer Smith said it is staff's goal to update the Colnprehensive Plan within the next year. He addressed the differences between the Colnprehensive Plan and the Zoning Ordinance. He reminded commission members that when receiving public input which is required, they must remain objective atad make their decisions based on the established policies and goals that have been set. Some residents can get very vocal regarding some issues that affect them, but that isn't necessarily indicative of what is best for the commtmity as a whole. Platmer Smith reviewed the steps taken to prepare the Comprehensive Plan-- 2. 3. 4. 5. Assess cmTent conditions of the City. Develop goals for the co~rnnunity. Develop Plan Elements of what the co~rnmmity will look like in the future. Prepare Land Use Map. Decide how to Implement these goals. Smith then reviewed the steps taken to amend the Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 1, 2005 Smith covered the ethics involved in se~wing on the Commission. He stated why ethics are so importm~t when making decisions and upholding the Comprehensive Plan. While sometimes the Commission is just a recommending body to the City Council, other times it is the body that holds the Public Hearings, or in the case of an appeal, it is the body that has the final say. The members will review this section more closely and may have some of the key principles added to the Agenda Page as a reminder to the members and the public what role they serve and what principles are followed when malting their decisions. MISCELLANEOUS ITEMS Plmmer Smith updated the members on the h~dustrial Site Project, Grand Central Lofts Site, and various properties along Central Avenue. He explained the City is cun'ently working with Ryland on the possible construction of 280 town,homes for the first and second phase of the h~dustrial site. The third phase would be done by Schaffer-Richardson for the condos and flats. There was a discussion regarding recent inquiries to open used car lots at various sites along Central Avenue. The commission directed staffto look into passing a moratorium to prevent this type of use along Central Avemte tmtil the proper action can be made to the Zo~fing Ordinance to prohibit this as a permitted use in that zoning district. They all concurred, in keeping with the intent of the Comprehensive Plan, this is not the type of business we want to allow along Central. Motion by Fiorendino, second by $chmitt, to adjourn the meeting at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: Mm'ch 7, 2005 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 7, 2005 NO: DATE: FebrumT~ 23, 2005 DATE: It is recmmnended that a Work Session meeting be scheduled for Monday, Mm'ch 7, 2005 begi~ming at 7:30 p.m. (immediately following the HRA meeting) in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, March 7, 2005 begi~ming at 7:30 p.m. in Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: FEBRUARY 28, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: _5- - fik ' cZ FINANCE APPROVAL ITEM: COUNTY EXPENSES BY: WILLIAM 15/LRITE BY' /5, NO: DATE: 02~4005 Attached is an invoice from Anoka County for $18,508.80. Of this amount, $13,843.91 is the County's administration charge for administering the Tax Increment Financing Laws of Minnesota for the calendar year 2004 as it relates to the tax increment districts in Columbia Heights. By state statute, the County is allowed to charge the cities these expenses. This is the fourteenth year the County has charged this type of expense back to the cities. The City of Columbia Heights is required by law to pay these expenses. The following is a summary of the charges for the past ten years: 1995 9.06 352.75 11,097.00 1996 8.51 335.00 10,933.77 1997 9.36 363.00 13,183.52 1998 9.48 340.00 11,422.64 1999 10.51 369.70 12,500.68 2000 11.35 377.15 13,288.95 2001 11.10 365.72 14,059.08 2002 10.29 347.09 13,465.67 2003 10.54 386.59 13,488.92 2004 9.91 379.66 13,843.91 In addition to billing for TIF administration, the County continues to bill for sending out the Truth in Taxation notices, $1,883.80, and Special Assessments billing of $2,781.09 for a total bill of $18,508.80. RECOMMENDED MOTION: Move to authorize payment of $18,508.80 to Anoka Comity for adnfinistering the 2004 Tax Increment Financing Laws of Minnesota, Truth in Taxation; and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. WE:sms 0502161 COUNCIL Attachment CO UNCILACTION: COUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 FAX (763) 323-5421 · Property Assessment · Property Records and Public Service · Property Tax Accounting and Research Mr. Bill Elrite Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 February 11,2005 Dear Mr. Brite: I am herewith certifying your City's total expenses incurred by Anoka County in administering the Truth in Taxation Statutes, the Special Assessment Laws, and the Tax Increment Financing Laws of Minnesota for calendar year 2004. Below are listed the total amount for each and a grand total for your City. Please refer to the attached invoice for the breakdown of your charges. Truth in.Taxati°n: · T°tal:: $1,883.80 Special Assessment: TIF: TOTAL AMOUNT DUE: Total: $2,781.09 Total: $13,843.91 $18,508.80 *Truth in Taxation: M.S. 275.065, Subd. 4, states that the cost for administering TNT is to be apportioned to the taxing jurisdictions on the basis of one-third allocated to the county, one-third allocated to'the cities and towns and one-third allocated to school districts. The costs will be allocated back to the taxing districts in the proportion that their tax parcels bear to the total number of county parcels. The total cost for providing parcel specific notices to Anoka County residents was $94,859. The notice was mailed to 116,740 property owners, an average of $.81 per parcel. *Special Assessments: These expenses represent the recordkeeping and administrative functions performed by county staff as prescribed by M.S. 429.061. New special assesSments were billed a setup charge at the rate of $55.00 per fund number issued and $.55 per parcel. Existing special assessments were billed a maintenance Charge'of $22.65 per fund number and. $1.34 per parcel. *Tax Increment Financinq (TIF): These expenses repreSent the recordkeeping and administrative functions performed by county staff prescribed by M.S. 469.174 - M.S. 469.179. Please remit the TOTAL AMOUNT DUE by February 25, 2005. contact me at (763) 323-5435. If you have any questions, please Enclosure G:\DATA\P ROPTAXSS HARE\TAXACCTG\TAXACCTG\i NVCELTR,DOC Affirmative Action / Equal Opportunity Employer INVOICE TAXING JURISDICTION: CITY OF COLUMBIA HEIGHTS TRUTH IN TAXATION Parcel Count Total 6,955 $1,883.80 Total Due $1,883.80 Quantity 4 68O SPECIAL ASSESSMENTS New Special Assessments Total Assessment Charge ($55/unit) $220.00 Parcel Charge ($.55/unit) $374.00 Total Quantity Existing Specials Total 19 ASsessment. Charge ($22.65/unit) ' $430.35 1,311 Parcel Charge ($1.34/unit) $1,756.74 Total Total Special Assessment Charge $594.00 $2,187.09 $2,781.09 TAX INCREMENT FINANCING (TIF) Quantity TIF ID New Districts Base Cost Add. Time Total 6 T4 NEW $600.00 $600.00 Quantity TIF ID Decertified Districts Decertification Charge Total Quantity TIFID District Maintenance Parcel Costs District Costs Total 530 A3 $5,252.30 $379166 $5,631.96 4 C7 $39.64 $379.66 $419.30 261 C8 $2,586.51 $379.66 $2,966.17 5 ~K2 $49.55 $379.66 $429.21 42 M8 $416.22 $379.66 $795.88 4 N7 $39.64 $379.66 $419.30 41 P3 $406.31 $379.66 $785.97 1 P4 $9.91 $379.66 $389.57 10 R8 $99.10 $379.66 $478.76 11 S7 $109.01 $379.66 $488.67 6 T4 NEW $59.46 $379.66 $439.12 TotalTaxlncmment Cha~e $13,843.91 TOTAL INVOICE AMOUNT $18,508.80 Please make check payable to ANOKA COUNTY and remit by FEBRUARY 25, 2005. Thank you. CITY COUNCIL LETTER Meeting of February 28, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~ -,~ - ~'~ POLICE APPROVAL: ITEM: Application for Raffle, St. John The Baptist BY: Thomas M. Johnson ~ BY: ~d~~ NO. Catholic Church at Irmnaculate Conception Church DATE: February 16, 200~7~ t/ DATEk..~/~7~ BACKGROUND: St. John the Baptist Catholic Church, 835 2nd Avenue N.W., New Brighton, Minnesota, has submitted a request to conduct a raffle on April 9; 2005 at Immaculate Conception Church, 4030 Jackson Street N.E., Columbia Heights, Minnesota. The raffle is being held as part. of a fundraiser for the Sisters of St. Francis, who have been part of the communities of Columbia Heights, New Brighton, and Northeast Minneapolis for many years. 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 recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at Immaculate Conception Church, 4030 Jackson Street N.E., on April 9, 2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. mld Attachments 05-025 COUNCIL ACTION: Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information Organization name Fee $50 Page 1 of 2 06/03 For Board Use Only Fee Paid Check No. Previous lawful gambling exemption number Street City I State/zip code / County Name of chief executive officer (CEO) First name Last name Name of treasurer First name Last name Type of Nonprofit Organization Daytime phone number of CEO Include area code Daytime phone number of treasurer. Include area code Check the item that best describes your organization: Fraternal ?( Religious Veteran Other nonprofit organization Check the item that indicates the htpe'of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secreta~ of State's O~ce __ A charter showing you are an affiliate of a parent nonprofit organization __ Proo[ previously submitted and on file with the Gambling Control Board Gambling 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) I City State/zipcode Date(s) of activity (for raffles, indicate the date of the drawing) Check the item(s) that indicate the type of gambling activity your organization will be conducting: *Bingo Y Raffles (cash prizes may not exceed $12,000) __ *Paddlewheels *Pull-tabs :Equipment for these activities must be obtained from a licensed distributor. County *Tipboards This form will be made available in altemative format (i.e. large print, Braille) upon request. The information requested 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 Ninnesota. 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 application. 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 of applying for your 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. Pdvate 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 Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agendes; anyone pursuant to court order; other individuals and acjencies that are specifically authorized by state or federal law to have access to the information; individuals and agendes for which law or legal order authorizes a new use or shadng of information after this Notice was given; and anyone with your consent. Sisters o~ St Francis S~]. 419 824 ~,I:: :'. ' ~3 ~e cou.ty i~ ~king on ~i~ ~aiting period. The ~un~ aO~ov~ ~e app~ ~ e 30 da ~l~g pe~o~, and ~l~ ~e ~nr~ ~ ~llu~ a The c~n~ d~l. U.S. Catholic Bishops- O~i¢~ of General Counsel Internal Revenue S~rvice Distr=¢t Director Date: ,luna 4, 2002 MR. Deirdre Dessingue Assaozame General Counsel Unimed States Conference of Ca~holic Bishops 32!1 4th Street, N.E. Washington, D.C. 200!8-1194 Department of t_ha Treasury P. O.. ~cx 2508 Cincinnati, O~ 45201 Myrna Huber 931-07276 877-829-5500 F~ ~]mher: 513-263-3756 Dear Ms. Dessi.ngue; -- In a ruling aa~ed March 25, 1946, we held that the a~encZes ins~r,mm, antalities and all educational, charitable and religious ins~J, tu~ons op~rated, ~uDervised, or contro!lad by or in with ~he Roman Catholic Church in the United States, i~s c.rr=~of~e= or possessions appearing in The Official Catholic DirecRcry 1946, are eD%it!ed ~o e×amption from federal income tax under 5he provisions of section% ~0116) of 'the Internal Re~enue Cods of 1939, which corresponds co seco!on ~0t(c] (3] cf the 1986 Code. This ruling has been updated annually =-,.,~ cover the ~cuivities ad~ed to or deleted from ~he D£rectory. The Official Catho~ic Directory for 2002 showm th~ nam. es 5nd addresses of all agencies and ir~str'dmentalities and ali._~-~=-==~.,--'~o~a~- -, charitable, ane religious institutions operaRed by the Roman Cauho!ic Church in UniteC Sta~es, its territories arid possessions in existence at %he 5he £.irestcry was published. It is understood that each of these is a nen-pruf±~ organization~ tNat no par~ of the net earnings thereof inures to the benefi5 of ar~y individual, thau no substantial part their activities is for promotion of legislation, an~ that none are privaz, e foundations under s~ction 509(a] of the Code. Bases on al! information ~ubmi~ted, we conclude that the agencies adc. in~cr~_menta!ities and educational, charitab!s, and religious insti-Rutions operated, supervised, or con~rolled by or in connection w±th the Roman Catholic Church in the United States, it&~ territor£es possessions appearing in The Official Catholic Directory for 20C2 are ~:xemp% ~rom federal income 5ax under section S01(c] (3)cf the ins~rum_n.aliu.~== and Donors may d~duct contributions to the agencies, ~ a" ' institutions referred to above, as provided by section 170 of the Code. Bequescs, legacies, devises, transfers or gifts to them cr for their use are deductible for federal estate and gift tax purposes under sections 1055, 2106, and 2522 of the Cods. Beginning January 1, 1984, un!sss specifically excepted, y~u amd your subordinates must pay tax under the Federal Insurance Contrlhuu!c~ls Act (Social Security taxes) for each employee who is pay $100 or more in ca!~nder year. You and your subordinates are not liable for /he under the Federal Unemployment Tax Act [FUTA) . By May 31, 2003, please send thlr%een (13) copies of The Official Catholic Directory ~or 2003 to the IRS TE/GE in CincinnaRi, one espy to the hu '/Rwqw usccb org/ogdrtfling h~m Jarl 25 05 03:57p Sisters o? St Francis SBt 4!9 824 3S26 U.S. Catholic Bishops - O2ice of Genial Counsel ~roc~ssing Campus in Ogden, twensy-~wo (22) copies to the Dir~ctor, EO Examinaticn$, Dallas; two ccoies each to the EO Area Manegers in Newark, Brooklyn, Chicago, St. Paulr Atlanta, and Los Angeles, and fcur copies to the IRS National Headquarters. The conditions concerning the retention of your group exemption as set forth in our previous determinaticn letter of August 17, !983r remain in ¢-~] force and effect Sincerely, for John E. Ricket%s, DirecLor, TE/GE CuseomeI Accounts e ~,'~= p.3 Page 2 of 2 June i 8. 2002 Copyzight ~, by United States Conference of Cat.hollo Bishops ht~p://x~nav.usccb.er~logc/ruling.htm 7/12/02 %[AB AMA. C OLOR~'AR1ZONA, MAI N [,[EXAS. U TAH, ALASKA- LOUISIANA, WISCONSIN,TENNESSEE-IDAHO- 2004 P~bJished Annually by INDIANA, OKLAHOMA.. RHODE ISLAND, MONTAN~.~ 'H~WAIIO~ASHi NGTON'VII~GINIA'YERMONT'WYOMI NG'OHIO- ~ , 102~ ~$~uea~u~ Bal. 45241. ~1' F~ 5~$-fi~-lOS& Em~ii: Me,anne V~ Vusa, A&~[r.. ~i~ter~ of C~ncirm~ti, 0~ ~ir~ B~d~ & 47. O.rpA~ge ~ch~oe~an Chilfl~n'~ C~nter. , ~4~0 Ed~ Dr., ~1: 513-741-31G0; F~: 5~3-741-5G5~ ~h~mte.~~. Hob~r~ J. ~ehr. Dir. Ce~ M~agem~, 7611 Ch~vmt ~., ~lt. ~k ~13-38b-~St~: Fax: i~.741~686. Robe~ J Wehr, D/r. Res~dev. ti~ ~.~men~ C~td~n ~i~n rs 350. i Sa~n P~.. ~52~0, T~: 513.23L~010; ~ea~ment f~ B~y~ a~ Regiden~ ~. 3. ~%1'. ~13-~7-21~: ~v~ 513-887. J. Wehr, Ph,D, Exes. Din Braw 21; ~ 'rt~=~ F~v C~re, 3~2~ 14. Bend D. 46229, Ta[: 513-421,7350: Fmx: ~13. ?~e~ -J. We~, Ph.D., Ex~c. DD. Staff ~r~. 7~11 ChevJol Rtl., B1fig. C, Tel; fi18-',~-tg~0'. P~ 5 ~3-245-? 972. Total Wehr, ?h.D., Emro. D~r St;~ff 26; St Rim S~vc'~ for ~Ae ~CL e-h~lfo~ F~., 45215. Td: 513-771-7600: b!3-32~326~. Emil: ~st~h~net.org- WWW.STsdeu[er& Mr. Ore~v R. ~t, Slsmm J C~fi;v 2; Lay ~eacbe~ 32; ~.Sch~l 42. DavM Dot.neon. Cont~ Ft, rscn', B~ C~pac~ty 643; B~i~ts ~', Long* C~ 15; Pad~t~ A~ted .~unuMly 375,0~0. ~it~in~ C~E~e of Nu~ing Tel: 51S-872- F~; 513-872-~572. Studcnt~ gU0. ~ospJt~ A~crgo~. 7500 Sta~ Rd., ~fi255. 51~-62445[,0; F~x: 51']-624-399}) Web: of ~ey B~d'~pac~ty i85; Pa~en~ ~H~piie!~ Wes~ dba 5le~y .Fran~is~ Mt. ~', A m~m~ of ~he Mercy ~T,.~.. 2~ ~Jpfin~ ~ee., 45239, Teh Fmc, ~I-~-&5~-9341. Web; ~.e-merey.c~m. TapaciW 56~; Patiants As~inted !~'mualli 300.000. ~.~RFIE~. Eigel'a of Mer~ cf .~miitv~ dba Meeey Ho~p~ F~elfi , S000 Mack Rtl.. ~014. Tel: Gl3~70-7C00; F~: 52~-B70-7065. Web: ~'.~ mercyzom. .Mark ~& Pros.; En Sh~n V~e~ar, R.S.M., ~r. M~oa S~. Bed Cnpaci;y !65; %~ .~is~ .~ually 1~,415; Total Staff 967. H~'II~TO~. T~ $~t~r~ ~fMr~ ~g~=mi~ Ohi~ dba ~ve~on; P~, P, 0. B~ ~18, 4601L T~h 512- B%~, R.S.M., Din of ~smon ~v~. S~iN6ilE~. Me~ ~alth ~v$mm~ . ~zir.~ Ohio, One S~ L~e~e, 4~01-06~& ~g: ~37-390- Mr..~d~' ~cC~lo~. P~, & CEO; Sr. ~ Hmckm~ Cha~.: Pg~Ea 0~nor, Ph.D., Din, Spiritual C~e. S~m~ ,f ~rcy S~te~ ~d Capadw 9021 Patients ~d ~n~l)' W~A. Me~ ,~em~ia; [fa~pit~, ~4 Scio~ St., E~: ~l~keakh-Bnrt~s.org, 51ste~ of 4,573. C:NCt~ATI. A~l~bi~hap Lei~!d ~e far i~e ~, 47~ ~iddte ~., 45220-2~3. ~ul: F~: ~13-281-49~3. E~ail: moinels~ ~iadspt~ng.e0~ ~. C~ ~rens. O.FaM, Chap., Jovi~ C. Weiser, O.RM.; Ad.st ~me~; ~h~ Miller, O.KM.; Sr. Graf, am L~.R. Supt. ~e Li;tle S~ters of Peer ~is~e~ 1,0; R~Mentz S7; ~a[ Tek 5~75~-5~; Fax; S13-251-98~3. a d~d~ ~a~t ra~e;h all.~m. St. Nor~ M~e], O.C~.. Admin. & Cm~c~ Peman: ~v, J~es ~a~et. C~melite ~/ster~ for ~h~ Aged la,tm 7; ~iden[~ l~g; To~ St~ Mere; Frt:m:lacoa S~r HeoftA ~d Se~.,b~eo fac. dba bfe~ St Wa~a Center , 7010 R~ ~11 Dr., 45227. ~l: 51~-271-7010; 51~527~3!~. Web: ~,.s-mu~.~om, ~q Fomc~r. ~es.; ff~ie J, Ho'~eman, ~ O~.; Rev, ~;eFhen ~. Emefie~ 0haM4 Dea~ S~eider. Bed Capadty 1741 Per~nem ~f,~r~ ~A'.~dcesn Senior Health ~d Semi,n, ln~ dba Me~y F~chc~ at W~t Park . 2950 We~ P~ Dr.. 4~a8. TeL g. F~d~, ~es. Bed Capably 338: T~;ai Assist~ .~unuaU5 2!4; Ru~iflmntu 340; Ta~l S~ 267. Me~y F~nc~ean Senior Health a~ Saru~es. Inc~ dba Me~y Fr~n~s~ q~ece , LO0 Comp/on ~., 45215, T~I: 513-761-903~; F&X: ~i~- 7~D519~ Web: '~.e-~e~,r0m, B~an F~rse~er, Pve~,; ~etl~ & ~un. Ease. D]r.; gev. ~ard Hudepoh[, O.F.M, Pas~ral C~; J~ Owen~, Pastor~ Ca~. hc~d B~a lfig; ~ Of Clarity ~et~or Car~ Corp. ~a Rayley Place , 9~ B~icy ~ace Er., 452~3. Td: 5500, F~ 51~47~5~- EmEI: bayley~]ar~ srmh~cs~in;i.org Web: ~'w, bayleyplace, vrg. Sr, Jesse Roach, Pre~. & CEO, .~sa includes Toh 937.279-6114; Fn,~: 937-279-d~70. Debr~- Pauley, Mgu Resi.~entz 35 Mercy Sierw Wo~s, 6125 N, Mom E~., 45%1fi. 937-278-821L; Y~x: 327-278-~046. Email: sP, ay~e~ ~-p~ar~urg. Suu~ M. Ha~es. ~min. & CEO. Numing Hume, ~on~ctari-~, A member Catholic H~lth~m P~ners S~edali~ .~heimer's C~cer, SMU~ Ntc~ng Cen~r .%a:~ 1N~g a~ mn~pendent Cottag~ Spoa9~ by ~e R~i~u~ Sisera of Merry. ~ ye~s ne mintage. Si~r~ 2; ~i~ 99. ~UL~N. Me~ Franeu~ccn Senior Hmt:~ Housir~ So.ices, l~c d~ M~ Fr~sca~ ;n 867-!~0; Fm~ 513-687-1415. ~eb; ~'~.~ mar~.~m. A Faci~' of ~e ~ercy He~th p~ O~n~o~ by t~ Catholic Part.rs. SpeciM w~t for ~zheimer ~d Capa~ 138; ~iden~ 125; To~ 203; ~t~ Stuff SP~/NGFIELD. Oa~w~d Vi~o~ Com~unlty, 1500 Villa ~, 45503. ~k 937-~ 9000; P~: 937.390-9aB3. Emm;: tazec~et~heMth- ~ugners.arg. Web: ~ o~aodvillage com. '~o~ i~ Re~:dence 20~ ~I ~slsmd 2~0; ~,l Staff 160, F~: 93Z~52-2672 Emaik ~ai~heai~- p~ners.~rg, ~1 P. g~ Jr., ~=dmin. 129; ~;~ Stafflg5. {bi] ~O~%~T~RIES ~ND ~E~IDENCE~ OF -P~IESTS .~ID B~OT~ER5 CINCI~ATL SL ~ Fri~,, ~9~6 W, GEbrm~h ~. Emaih joefi~:~e.ne~ Revs, J~sel,4 ~a>'e~ O.FM.; Jo~ph ~iee~ni. O.Y.M., Gu:~an C~mct Per~cn; Bru~. P~ilip P~%/ne~ta, K~in ~ro~er, O,EM. The Cat~iC Fo~t~ .~i~oion Soz;e~' u/.C~leri~. /ne.. 6fl30 Gc~nfisM Dr,. 4522~3~2~ Tei: 51~- 681-7885; Fmc: 518.081-7~J~3 (Call fir~). Emmk ~lie ~] Blowers, M.M., Din; Pet~ L. M.M. MaC--nail St. C~re Friar, 5~3~ Saranac .Ave., 45225. %1: M~loskeM OF.M.; Brm, Fr*n:i~J Meyer O.F.M.: Jo~ Schick. O.F.~{. Cl~oer d'emzit Cornmumty, 373I B~en A.s*, 4822U-23 i0, Tel: 813-542-2312' Fzx: 513.54g-J3~f- Emafl: davp~a.neL W~b; h:~,c~e net:ci~er. Fol~niog~, S.J. (hN'O): J. 'limcthy &J.: Lw~ J. Lippu, S.J,; ~. Miami ~. O'GradT, S2. Pmes~ 4: Broche~ L. Residan~ Par ~r~ Friars, Pastor~ ~' CJem~t P~h and other Fn~. , ~536 ~ne SL, ,;52L?. 'fa:: 513-~1-2257; F~: 513-641-22~. Ho[tgrew~ ~.F.M.: Carl & Langendeffer, ~cal ~fin.; Bede Clancy, G.F.M. (~/r~): ~ger Ba~n Hzgh S~hool; ~phons~ A. H~ff. C~p., Me~ Franmscan %~ce; FHdol~ Voege]e, O,FM. <Retired); Vs!ena 4. W~idsehm~d% O.F.~,L (~tired}; ~ F.5 .Z .>ii~io~t Syn.: Dor~ Roh]ing, Dir. Eldermount: ,Mtult Day Pr%~ram arid ~'m Vitla~ 0.EM. I~t~); Fa~ Wit& O~.M- ~ 8vm' Ear Mike %r~ni~ Cha~' 5istem at Baylev D~ ~tat ~iut~ 85' IMe~dent Br~ C~rad F. ~bmann, O.F2~L, ~~-W~m HilN , A mem~r or ~e Mercy ~v b~ ~any Ginm~ore M~era[~r ~ O.F.~I., M~tenmnce~. ~.=m =~l~5~s.~.t_~ff.c~: P~ers. 3!S1 ueen CL" Ave,, 45238. C~u., Su~ay ~mmm[Y; Re~ Jossph ~ga[u Sa~; ~tepnen ~mt~, .u.r.r,t, :~u~., ~m~com RnSnay Reider, Iht Pros.; Don Co~0ration, a~nsomd by the Siaters of ~u ~rnth~rs 5 ......... ~~, Dlr. Mms~n Svm, Sr ,%~ne Colson, Fr~ei~ Sylv~ia, OH. A mside~ for Smor Combont 3~,~m~ane* t~erona ~o&~gr~J-¢o~; .~ ~J~4 ~ap,; M~. &berm'Utmu. Cha0.; Suily Citizen~, msident~ 090; I~d St~'~a~. M~ion ~ni? Hous,~C0m~ ~g S~,~ [; a~d Ca?acity 267; mtien~ Salm A,te,, ¢a416. ~1: 937-~78-2692: F~: 937- ~ovi .... ~/~orm ~[~ca. ?~c~um~.}, ~ ~nu~v 102,~S2' '.ro~l Staff a0h. o78-9016 Em~ m~ajoseph~c~eph.org, ~e Pmmucim. , la~o magm ~a,, ~..~ ~e~y He~it~ Cie-moat 3000 ~. ~ CEO; St. _~i~ $ckootteL~tte. C,~,5,, c .'~ , · · ' ~' ~ ..... ~ . ' ' ' ....... St~ 421 ~ t~ O.S... ~m~e ~,.. B~s. ~A' I ~mon Syn., Ra~. R. Gwmn Lam;. a6; ~t~ ~ssm~d ~u~,y 9~, ~.~ · . L'. ,. ' ....... ~iS~C~u~ 15~' =~*; ', ~-' .~ · .... ".- ~ · ~;--.. ~-r:n~ 6215 N M~n S~ 4~15 ~1; ~,C.~,d., ~e~o~l L~Ir. ~atlL ~nOt~ttO, .,, ...... , ,,~ ~. ~i;%, .., ;.2 =,,ea,s ~s ........ , ~[~ ~'~ ~ "~fl ' ~. ;,2=~n ~.~ p~'~ =~tor Cum~ni M~s~n= Nawslgtter & Cumbonl ' ' ': hfs ~'? :~40g. %k ao~ ~-n o=,,~ ~A'eb' .Aommen~. Incepand-~ ~tmng for Y. - ,, .- ........ ,, -- . [~ ~~aaFmnet.g. Mr. ~ugta> Deck, Pres. ,~s:a~ ~ ~9[~1 o~uo;, - · "~ ~ D ,'el D'n; ~vs. ~nneth f.q provi~eialHou2~e~ndNcvt~ta~e(19641:St. Fr.~nc~s ~[nta i'% ~nd ia th~ Din~ of . ~2 Og 7700, W~t~,~k, '~ 79382. Tek Hx, d~g~-on-~ud~on, b~ [0706-3217. ~e]; 9k~78- ~0: Far 91 :MY&547g. B-mail; T~I nub&er in co~mmmB, 62. ~resented iu the ~'~dic~se ~'New York. 11~201 (O,S~.)~ OF 3~ ~CIS OF ~d~ ~n Amxna in 1869. F'irat Bundee in the Unit~ ,. {I$~):.,t~. ~L~a&s Convent, l~fi,3G .~mn Sz,, ' ~2g. Teh U3~2fiY-74g~, 8r NI, Paola N~unbenF, ' C.S.K, Pro~. Supn ~pn:=':n~d in th~ Arehdi~ese ~ Chlc=~ aud ;n Di~eae ~ Jo;e:. ~ Cf3NO~ON OFOL~ ~%DYOF Ohio. ~uer~ ~ct~erhouse; C'c ~t;'e.~ ~nd a~ou~i~te, : ~82-2016; F~: 418-5~5-d643. Sr. Carotya Ciera, : ~%m:imtul Gen. ' T'~! cu~Mr in the C~n~ut/aa 240. : ~s~- in ~he ~etd of Re]i6~,om and ~ademle Edu- Ction ac afl 1~1~1 ~eal~car~; Common:cations ~ ~edla. Producivg; O~unsetir~; Pari~h ~.~e~es owv.~ and slmusor~d: Luurdes C~'lege, ~? 8/D~ O~; ~c~:~ Sem~ Corp., ~ ~, 8yl':~ma. OH. Sf~,~'or~d Facgities: 5~rfe*~a ~,~en~[ ~ the .~se~ ~' C~ma~, Deter. ~5' ~e ~ses of ~a~s~, Bgo~, Clm~l~d, Columbia, ~:~vl:mon~. Sa&anew, St. Clot;d, Shreverort . CL~I'O~ IOWA IP) . ~d~ in the h't~d Sta~s in ~ ~t~er~-um~ .,tdminkmmdv~ Cw~ta,; ~: ~ffEit'd. Cl~tua,~SgT$Z.Tui: fi63-Z42-75~L ~:: tk, O.8.Y., 1619 ML'HswV tn '.%e field of Am0emic Educatia: ac ail lin'els; Ilom Me~th C,~e; H~ C~ in Centre ~d H~o~ r~ the :~d: Kos~m~; F~ Mint~ Hosuit~ Chapl~,; ~i~ou{ Ed~ation ~d Syiritu~ Dh~. Idd ~na ~g ~ weft ~ m Fer~ ~.~. ~g~ Hu{~s ~ ~o~ti~: The ~c~c~ s~q The ~v~mo H~it h ~ Fac~y; Mm~nt St. Cta~ ~pe~h and ~ari~ Ce~er; Sis~ of St. Finned, Cti-ntun, ~; I~,a C~tabte Tr~, Ol~tun, ~ T~ ~ntic~, C[icto~ N. ~resen~ m the~ch~oceses orcmcago, Dubuque, and St. Louis ~d in ~ht Dioceses of B~ltevill~, Days t~ort, Des Moinaa, JMiet. Lex~u, ~nsas City-St. Joaoph, dakin& Cran~, P~oh~ Po~- lan& ~{~mx, San ~m~dinu, San Diego ~d Sio~ City ~so in Peru. [15~01 (O&E ~N~ O~ ST, ~CIS ~ HOLY C~O5~ Founfi~, in Wisc~nshtin 188L M~erhot-~ ~d N~i~r*: St.F~u~ Coning, 3025 ~ Se~m~t Rd.. Green Hay. WI 543 ll-TJfll. Tel: 920-4G~-1~81F~: ~168-lg0?, S~ O, 8, F. Pres. Tomt aum~r m ~m~ity 83; Novices ~g~ ~tle: 5i~ers orE& Franc~ o/' r~ Ho(v Minis~m in the ~l]owi~S ~eas: Education; Min~ and Rdi~o~ ~2ucat~n; ~rly; Heal~ Cm~; Hespi~ Chaplaln~; Pmcmat Work; ~rai~ Rapres~t~ in the .~ae ,Jr ~{~uke~ and in :[~ ~ioc~ua ~ Omen Bay. ~so := Nlcm-a~a. [1560] (~IS~.S OF ST. F~CIS OF ~OLY ~C~IST Founded ia ONmm~ns~in, Swl;zerl~d F,anz~ C~u~,:t, 21~ N, Nv, land ~., IndeF. ende~e. MO ~4~G. Tel: 5ifi.~2-1673t Fmz ~15.g52-5574. M- Conni~ Boo]ch, 0.33. Sia~ Se~an~; Sn M. Lucy Lang, O.S,E, Vic~. T0ml number in ~mmu~ty 1~. ~ga{ Title: l~an~cfl a Pr~'r Ca~en [nde~ndenca Fou~atioa, [n~penden~ ~t~y m khe fo~a~ga~a~: Educa~on at MI levels: Retrea;; ~aa~el~a~on; P~t~; Eaalttt Cat~. ~vraser. ted in ~he A~chdtoc~e ~r ~na~ City ~n ~n- Cas and in the Diatom o~I~sas Ck7-St. [1570] (~E~IG~ OF S~; ~C]S OF Found~ m ~any in 1864. ~rst foun~on ~herhou~ ~dNo~iia~: :~ent St. Fmnci.. 3890 ~"mdsor A~.. Dubuque, ~ 5~l-131i. Teh 563-583- 378~; F~ ~3-5~8-8250. Sr. Dototky Heider~ait, ~; Br. ghdm ~ley. Tote[ n~ ~ ?~stU ~ rite following ~ea~: 3~e~ mud F. eli- ~o~ Eduction at MI ]avels; Spi~tualisy and Pariah Minis=y; ffeakh-~taral Care; Bi0ces~ S~M Eeni~.So;ial Justice ~nd Peace; F~d Ser- hc~am~; ~,mtcafion Cen~em; Clefi,:~ Work- atW: Mu~e ~fl .~St~flio~; ln~at~ M~qons. ~tb~, ~ S~ nf ~, F~r~& of tl~ Haiy ~pm~nted in the.~eh~aceses afgmchamge, ~r~ih D~buque, ~.~apot~, Milwauk¢e, Omaha, ~mui~ ~d W~I~n ~d in the ~u~ses cf Bis- m~&, Ch~lea~un, Colarado Sp~ Davo~ 5io~ ~ Wa~e-Su~ Bend. Jadmon, ~i ~ .~- ~ovideuce, ~pid Ciw, ~0rd, St Petemb~g, ~iego, S~ta i%osa, Slou~ Cit~ Sprin~t, ld-Os~ OR.eau, Tucsua, ~]sa. Tyhr, ~d %~mc.u a. [1580] (O,S~,~IS~ OF ST. ~NC~ OF ~ ~AC~ COMC~ON Founded ~ ~he United S~a~s in [aVL W. ~ading Ave., W*;t Feona ~ 61604-fiU96, Tel: 309.674~168. ~n ~ene Mm~e ~h, ~.; Su ~e Cont,e~. Pemia, Hz S[ ,I~ph% Ho~ ~' Feds; St, Jo~pA ~ H~ ~/~qpH~fidd in II[ino~. Reg~seumd m the D.Ioc~¢~ of Peufia, Rapid Ci~' ~d Spria~m] ~ (ILL RELIGIOUS INSTITU~fES OF WOME2q [ 1590] ( O.S.F.)--SIS'PE~ OF ~. FR~'C~ F OF Foun0ed m 1241 m Bave~a. Fi~t fu~d~ ~ t~ Sram in i913 at Co~ille. G~er~ Mo~ho~e: Di[linffen, Ge~any Sn Mane F~e~ch~ E~pr. P~e af }I~oa (xg~81:Si,!eraafSL Fro=els Motherhood', ~nkina~n, ND ~8fl~1. Tek 7 i95. S~ Dunn~ ~%lde,; 0,S.E, ~ Supr. Nu,si=5 Home, Ha~mson, N D; St. A,~e's Ho~e, Gr~d Pork~. ND. M~ rD' ia :he field af }~li~aus ~d Academic E~uca- ~t~ ~n Qe Diocese ~ Fa~. ~ b~ ST. GEORGE (PI Founded in ~ne, Get,any. F[~t Unit~ gta~a dacca in 1923. ~er~ Mo~nrb~sv:Th~ine, ~any .Mom~ Ca~en Droste. 'FSG.M. 5upr OBit. Provincial Motkerhouse: ~l. ~Z-~c~ Conven~ aad Navitiate, '21~D Central $oe., P O, Bax fiGgO [L 62002-9020. Te{' 61~4/~2'/50, ~d3-275& ?¢[uther M. R~aa Fa~i~ Coup, F. SG.M, Worldwide ~tal 1,555; Tc~l in ,~erica~ i~. pital, ~t.n, IL; St. ~'an~o Day C~ Cente~ [k Mothzr ,~ Go~ Ca~,~al Home, St. Louis, Saiat Clare Hcsp~tal, ,Mton, iL Si~e ~d s~ Hc~itais: s~led N'ummg ity; Foreign bii~bn~; Day Cam C~.tar: Homes f.r ihe ,~: Graae ~ ~gh Ed~o01s. .~pm~n~ ~ th~ ArSEnates of St. i~uis ~d 'Y~h- in~o,, ~d ~n ':he ~[ocmsca of La C~sae, Li~:.~k. Tu~ ~herbnuue (1SYlk,bt. b:,anc:s Conue?;L Me 15209 ~1: 412-821-22B9; F'~' 412-81!,23ig Sr. ~n Ca~uile, O.S.E, Cumm.~m[y M/a.; 5r, M~lyn &yce, Tutu[ number }n co~unikv 155. a~ Elemes~ar? 8mh~tg; Day Care and Lear~iag C~cez: Se~or C~62en Hau~ Pas~ral ~;~i Pa~sh S~ai Work: ~i~o,as Educa;iuu Directors: Miasion~ work in Nigeri~ PropeziJe~ owned: 3fl. A&~en;ia High Sch,;~% b~, PA; Mr..~ve.-nia Do> Cam & ~,.*i~g Si~tere o/'Sa/~ )~nc;~ of a~luale, Pit.burgh, Sponsored or manage~/hmlities: Tabor }!o~ Prayer; ANernu Apartmeut~; Fra=ducan ca~, IndlanaFoli~, ~i ~I~. Miami, Newark. Jo~s~, Buffed, Cag~as, C]mHnalun, Cle~'ela~. Erie, Greenskucg. Lubbock, PJ~ab~g-. 5~ub~n'~Ue ~d %%un~n. Aisc in C~a,~ and Niga~t. Fo~ded Lo Ho~d hx ~$. FJ,~t Fouadation in U.S. ir, 1874, G~eral ~other~ou~¢,: ~e, [tMy f;r. Anisla Ma:garcLa S~raclden Gem ~n. Univamst numb,r in Con~ega~oa 1,996. Holy Name P~vi~e (1828): SL~ze~ OF&. ~'el: 71~754-4~1~ F~ 7~-754-7~57. Sr. Ta~] n~ber in ~mm~y 184. Ni~a/'a. N~': Buffalo Ac,xd~ of t,~e S~cred Buff%lo, t~] Frcn;** Ct~e~ NM~a FMts. ~ff; Fr~c~ of Holy Name ~r~ui~, !~., S~e~a Niacin, 55ni~ h the fie.rd ef .4mademle Educed:on al.all Iev- al~ Furei~ ~ssiun %~r~ H~kh and Hospi~ Care; SociM W~r~ ~a~or~ Miuia~'. ~pmsen~ ~'~ the .~'chdi~m~; ofChJc3gu, LZmrir~ Buffed, Cuiumbu~ O;]audo. Patemu:L Sma~mnl]e. TrenCh,and Whao]btg-Charlasmn, }A~ iu Csnada. CITY COUNCIL LETTER Meeting of February 28, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. --~--/~ ~ POLICE ~ APPROVPfl~: ITEM: Application for Raffle, Make-A-Wish Foundation B Y: Thomas M. Joh~ ~Z :~ -~-~~ NO. of Minnesota ~ Star Central DATE: February 14,21)05X ATE: BACKGROUND: The Make-A Wish Foundation, located at 5155 East River Road, Suite 413, Minneapolis, Minnesota, has submitted a request to conduct a raffle on April 1, 2005 at Star Central, 4001 Central Avenue N.E., Columbia Heights, Mi~mesota. ANALYSIS/(JONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at Star Central, 4001 Central Avenue N.E., Columbia Heights, on April 1, 2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. mld Attachments 05-024 COUNCIL ACTION: Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 Page 1 of 2 11/04 IFor Board Use Only Fee Paid_ Check No. An exempt permit may be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Organization Information Organization legal name Name of chief executive officer (CEO) First name Last name Previous license or exemption number, if any State and zip code I County Daytime phone number Type of nonprofit organization (check one) [] Fraternal [] Religious [] Veteran [] Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) [] Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office [] Internal Revenue Service [] Affiliate of parent nonprofit organization (charter) Gambling 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) I City Zip code County Date(s) of acdvi~ (for ra~es, indicate the date of ~e drawing) Check the box or boxes that indicate the type of gambling activity your organization wilt be conducting: []*Bingo [] Raffles [] *Paddlewheels [] *Puli-Tabs [] *Tipboards *Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www. gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form will be made available in aitemative format (i.e. large print, Braille) upon request. The information requested 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 application. 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 private da~a about you until the Board issues your permit. VVhen the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your 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 Department 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 pursuant to 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 shadng of informati%g~ after this Notice w,as~l~'n ;,f~f~d~y~)~e ¢viCa- yourconsent. { ! ~ ~'-~ ~- t ~ ~ LG220 Application for Exempt Permit Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. D Check theaction that the city is taking on this application. The city approves the application with no waiting period. D The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). DThe city denies the application. ¢igna~re of ciCe¢~nn~l ~ivin~pplication Page 2 of 2 11/04 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. DThe county the application with a 30 day approves waiting period, a[:d 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 behalfofthe township, I acknowledge that the organization is applying for exempted gambling acdvity 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. I acknowledge thatthe financial repot[ will be completed and retuFr~d to the Gamblir~g CoCtrol Board within 30 days of the date of our gambling Name (please print) ~¥'~, '~'~ - v ~ {¢(,~,d(.O~.~ L ~,~ Date O~L / OS/ ~(~" Mail application and attachments Complete an application for each gambling activity: · oneday of gambling activity · two or more consecutive days of gambling activity · each day a raffle drawing is held Send: · the completed application, · a copy of your proof of nonprofit status (see instructions), and · a $50 application fee. Make check payable to "State of Minnesota". Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Intema I ReVenue:.ServiC~ ;Diepartment;:o~ the,TreaSury ~~,that.:em ~gti~i~!e';f~.ur~ati~s~are not:S.bbject:'tothe.exdSe.~e.s:u~er..c~P~er..~.0f t~ . D~, may,'~u~ ~.~b~'~;to ~ ,o~nl~a~,~as ~o~ed: h ~.i 70 o~ ~e:;'~e~ ~¢.:~:'tran'~ .~g~':t~r.;~n~;~rf¢:!ts:'u.~.~m:~d.U~b!e.;.~;'f¢~i.~b~e and g~ t~ pu~es if~ey: m~'t ~e::eP¢i~bb pmvisbns of;~n~?2055~ 2'1~?nd.:2522: Mak~A.-.W~sii FC~U~datiori:~ MA_KE'~SH. Make-A-Wish Foundation® of Minnesota 5155 East River Road. Suite 413 Minneapolis. MN 55421 ]bank 17-2/910 2/4/2005 2~~93 PAY TO THE ORDER OF City of Columbia Heights $ **25.00 Twenty-Five and 00/100 ..................................................................................................... city of Columbia Heights DOLLARS MEMO: Raffle Permit for External Fundraiser ~AUTHORIZED SIGNATURE MAKE-A-WISH FOUNDATION OF MINNESOTA City of Columbia Heights 407.002 - Ext. FR Expense Raffle Permit Mark Anthony 2/4/2OO5 21193 25.00 Checking Raffle Permit for External Fundraiser 25.00 RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, Resolution No. 1996-46 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.50I, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess orS1,000 per month, which payment shall be inclusive of any and all allowable expenses as defmed and set forth in MN. STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately .suspended until such violation(s)/s/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. 'At a meeting open to the public; and b. After a minimmn often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOT; THEREFORE, BE IT RESOLVED that this resolution shall take effect on May 12, 1996, and shall replace Resolution 88-41. Resolution 1996-46 is hereby amended to read: RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Colmnbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: 1. The organization wishing to gmnble obtains the permission of the Minnesota Char/table Gm2bling Control Board; 2. The organization wishes to gm2ble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gmnble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gm2ble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of $1,000 per month, which payment shall be inclUsive of any and all allowable expenses as defined and set forth in MN. STAT. 349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on · behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anCthing to the contrary herein, an existing Class A or Class B licensee shall pay a license fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions oftkis Resolution, any authorization hereunder previously granted to conduct said gmubling activity may be hrn2ediately Suspended until such violation(s) is/are con'ected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and 'b.' After a minimum often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 26, 2004, and shall replace Resolution 1996-46. Passed this 26th day of April 2004 Offered by: Willimns Seconded by: Nawroeki Roll Call: All Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg l~'-ricia Muscovitz, CMC ~ Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of February 28, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~7 - l~ --~ POLICE APPROVAL: ITEM: Application for Raffle, Little Voyageurs' BY: Thomas M. Johnson Montessori School, St. Timothy's Lutheran Church DATE: February 14, 200f~,t~_~ 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 10, 2005 in St. Timothy's Lutheran Church, 825-51 st Avenue N.E., Columbia Heights, Mi~mesota. 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 recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on May 10, 2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. mld Attachments 05-023 COUNCIl, ACTION: Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 Page 1 of 2 11/04 For Board Use Only Fee Paid_ Check No. An exempt permit may be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Organization Information Organization legal name /J Previous license or exemption number, if any Street I City State and zip code County Name of chief executive officer (CEO) First name Last name Daytime phone number 4,/.2. - ..¢/;2 Type of nonprofit organization (check one) [] Fraternal [] Religious [] Veteran [~ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) [] Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office [] Internal Revenue Service [] Affiliate of parent nonprofit organization (charter) Gambling 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 u~ PO box) City Zip code ~ County Date(s) of activity (for ra~es, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ~ *Bingo ~ Rames ~ *Paddlewheels ~ *Puli-Tabs ~ *Tipboards *Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo {bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to ~.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-6394000. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested 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 application. 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 private 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 of applying for your 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 Department 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 pursuant to 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. LG220 Application for Exempt Permit Organization Name LI ~vTZ/cT_., '~//_.~'~ 0 ~'/ ! /"'.~/ / ,.J Local Unit of Government Acknowleidgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. [3 Check the action that the city is taking on this application. The city approves the application with no waiting period. [3 The citY approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). DThe city denies the application. ~rffTt~name of city ~, ,~,, ~-.~ ~'~./~z/'/~.~c~. ~;~F~4re of ci~ personne~ application Date ¢,¢,~./ // / Ob Page 2 of 2 11/04 If the gambling premises is located in a to*wnship, 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. DThe county the application with 30 approves a day waiting period, and allows the Board to issue a permit after 30 days. The 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. I acknowledge that the financial report will be completed and retur?ed to the Gambling Control Board within 30 days of the date of our gambling activity. /, / /') . , ,/' Chief executive officer's signature-~_.,,/]~/~_. ,/... 4~ ,(? ~'~ ~.(... V Name (please print) -~' ~ iL)/L] ~ J ?~UL(-.-~/' Date ~- / ~ ~/ ~ Mail application and attachments Complete an application for each gambling activity: one day of gambling activity · two or more consecutive days of gambling activity · each day a raffle drawing is held Send: · the completed application, · a copy of your proof of nonprofit status (see instructions), and · a $50 application fee. Make check payable to "State of Minnesota". Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Internal Revenue Service District Director Department of the Treasury Date: September 5, 1978 Little Voyageurs' Montessori:: · School, Inc. 825 - 51st Avenue N.E. ColUmbia Heights, Minnesota ' 55421 Em pleyer Identification Number: 41-1323355 Accountitig ~'er,oa Ending: June 30 Form 990 Required:, ~;~ Yes [] N° pStP: EO~' 78-2801 * erson to Cohtac~: * Mrs. Gaiovuik Contact Telephone Number: 612-725-583.1' Dear Applicant' Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code. because you are an organization described in section s 569(a)(1) g 170(b)(1)(A)(ii). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. Generally, you are not liable for social security (FICA)-taxes unless*you, file a.waiver of exemption certificate as provided in the Federal Insurance Contributions Act. If you have paid FICA taxes without filing the waiver, you should contact us. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). "Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. The box checked in the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income tax. I.f Yes is checked, you are required to file Form 990 only if your gross receipts each year are normally more than $10,000. If a return is required, it must be filed by the 15th day of of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the delay. 316 N. Robert St., St. Paul, Minn. 55101 (over) Letter 947(D0) (5-77) LITTLE VOYAGEURS' ~7-2-mo MONTESSORI SCHOOL, INC. KAREN ]O SMITH 825 51ST. AVE, NE 763-788-0889 COLUMBIA HEIGHTS, MN 55421 - Pay To 2' - · - Dollars USBANK FiVE STAR SERVICE GUARANTEED USBANK,COM ,:o~ ~oooo ~ ~,: RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CttARITABLE GAMBLING Currently, Resolution No. 1996-46 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess orS1,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN. STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately .suspended until such violation(s)/s/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. -At a meeting open to the public; and b. After a rain/mm often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOT~ THEREFORE, BE IT RESOLVED that this resolution shall take effect on May 12, 1996, and shall replace Resolution 88-41. Resolution 1996-46 is hereby amended to read: RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Colmnbia Heights that gmnbling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: 1. The organization wishing to gmnble obtains the permission of the Minnesota Charitable Gmnbling Control Board; 2. The organization wishes to gmnble obtains the penuission of the Council of the city of Columbia Heights; 3. The organization wishing to gmnble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of $1,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT. 349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on · behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anything to the contrary_ herein, an existing Class A or Class B licensee shall pay a license fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gmnbling activity may be immediately sUspended until such violation(s) is/are con'ected. Any such detennination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 26, 2004, and shall replace Resolution 1996-46. Passed this 26th day of April 2004 Offered by: Willimus Seconded by: Nawroeki Roll Call: All Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg Patricia Muscovitz, CMC or Deputy City Clerk/Council Secretary Julieun Wyckofflf ' l)/ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: Februm-y 28, 2005 AGENDA SECTION: ORIGINATING CITY MANAGER'S NO: DEPARTMENT: Community APPROVAL ~ '/~ - ~ Development ITEM: Adopt Resolution 2005-12, Am en ding BY:Ran dy Sc hum acher BY'.' ~fi~///J~/ Resolution 2005-05 Authorizing and Directing DATE: February 24, 2005 the Condemnation of Certain Property for~ Redevelopment and Road Purposes BACKGROUND: On January 24, 2005 the City Council Adopted Resolution 2005-05 Authorizing and Directing the Acquisition of the real estate of Exhibit A attached hereto by eminent domain proceedings for street and redevelopment purposes. Parcel H, the Kremer and Davis Inc. property is also required for street purposes in furtherance of the project and although City staff has made reasonable efforts to acquire parcel H on behalf of the City, voluntarily tl2'ough the negotiations, staff has not been able to reach an agreement upon tenrts for purchase of this property. The City has received a grant fi'om Anoka County, which may be used to acquire this property and must be disbursed by April 6, 2005 or be lost. Mr. Bob Lindall, fi'om the law finn ofKelmedy & Graven, will be available at the City Council meeting to answer any questions the Council may have. RECOMMENDATION: Staff recolrmlends Adoption of Resolution 2005-12, Amending Resolution 2005-05 Authorizing and Directing the Condermlation of Certain Property for Redevelopment and road purposes. RECOMMENDED MOTION: Move to waive tile reading of Resolution 2005-12, there being an ample amotmt of copies available to tile public. RECOMMENDED MOTION: Adopt Resolution 2005-12, a Resolution Amending Resolution 2005-05 Authorizing and Directing the Condenmation of Certain Property for Redeveloplnent mid road purposes. Attaclnments COUNCIL ACTION: h:~Consent2005~CL Res2005-12 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOIC4, STATE OF MINNESOTA RESOLUTION NO. 2005-12 AMENDING RESOLUTION NO. 2005-05 AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT AND ROAD PURPOSES WHEREAS, the City of Colmnbia Heights ("City") is a charter city duly organized mhd existing trader the laws of the State of Mimaesota; and WHEREAS, the City Cotmcil is the official governing body of the City; and WHEREAS, the City mid the Colmnbia Heights Economic Development Authority (as successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights) ("Authority") have tmdertaken a progrmn to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this colmection the Authority administers a redevelopment project known as the Downtown CDB Redeveloplnent Project ("Project") pursumat to Mimaesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, pursuant to Mimaesota Statutes, Sections 469.090 to 469.1081 ("the Act") and the HRA Act, the Authority is attthorized to acquire real estate by exercising the power of elninent domain under and pursuant to Milm. Stat., Ch. 117, and to tmdertake certain activities to facilitate the redevelopment of real property by private enterprise; mad WHEREAS, within the Project, the City mid Authority have created the Huset Park Aa'ea Tax hlcrelnent Financing District ("TIF District") in order to facilitate redeveloplnent of certain property in the Project; and WHEREAS, the Authority and Huset Park Development Corporation, a Mimaesota Corporation ("Redeveloper"), have previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, (the "Contract for Private Redeveloplnent") regarding redevelopment of the property described in Exlfibit A attached hereto mid other property; and WHEREAS, the Redeveloper, City mid Authority have taken various actions in furtherance of the Project, pursuant to the Preliminary Development Agreement and Contract for Private Redevelopment, all of which indicate the Project is feasible and desirable, including, but not limited to, envirolnnental, blight mid economic studies, detemaination of needed public infi'astructure, agreements to acquire and acquisition of property, relocation analysis and land use plalming; and WHEREAS, the City and Authority believe that file redeveloplnent of the Redevelopment Property pursuant to the Contract for Private Redeveloplnent, and fulfillment generally of the Contract for Private Redevelopment, are in the vital mid best interests of flae City and the health, safety, morals, and welfare of its residents, mhd in accord with the public pm'poses mid provisions of the applicable State and local laws mhd requirements trader which the Project has been tmdertaken and is being assisted; and RJL-256336v2 CL205-25 WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the Project, as presently constituted, and is muong the parcels which are to be redeveloped pursuant to the Contract for Private Redevelopment; mid WHEREAS, on October 25, 2004, by Resolution No. 2004-55, the City Council approved, established and adopted a Modification (the "Project Plan Modification") to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Project Area"), fotmd that the adoption of the Plans COlZforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Mim~esota which is characterized by blight, occupied by substandard buildings, mid contaminated with pollutants; and that the financial assistance described in the TIF Plan will revitalize tltis area, siglzificantly expand the amotmt and variety of housh~g stock in the City, and expand the tax base; and that, because these benefits would not accrue without the assistance provided, any benefits received by private redevelopers are incidental to the broader benefits achieved by the overall development of the TIF District; and WHEREAS, in said Resolution No. 2004-55, the City Cotmcil found that the TIF District portion of the Project Area is a "blighted area" withh~ the meaning of Milm. Stat., §469.02, Subd. 11, and that acquisition, clearance and related activities to redevelop the TIN District portion of the Project Area in accordance with the Project Plan and the TIN Plan constitute a "redevelopment project" within the meaning of Minn. Stat. §469.002, Subd. 14; mid WHEREAS, in accordance with Section 3.2 of the Contract for Private Redevelopment, the Redeveloper has notified the Authority in writing that (a) the Redeveloper has been unsuccessful in accomplishing acquisition of the Subject Property voluntarily after conm~ercially reasonable efforts to do so; and (b) that such efforts included a written offer to owners of all such parcels to acquire such parcels for a price approved by the Authority as reasonable and an offer to mediate; and WHEREAS, the Authority found that the Redeveloper's efforts to voluntarily acquire the Subject Property were reasonable and satisfy the requh'ements for doing so trader the Contract for Private Redevelopment; and WHEREAS, acquisition of the Subject Property by the Authority is essential in order to eliminate blight and implelnent the Project; and WHEREAS, the Board of Cormnissioners of the Authority has fotmd (and this Cotmcil also hereby fmds) that redevelopment of the Subject Property consistent with the Project is necessary, conve~fient, desirable, for a public pta-pose, in the best interests of the citizens of the City and will promote the general health, welfare and safety of the co~mnunity; and WHEREAS, the City Council finds that it is also necessary, convenient, desirable, for a public purpose, hi the best interests of the City mid will promote the general health, welfare and safety of the con2'mmity for the City to acquire portions of the Subject Property and the real estate described as Parcel H on Exhibit C ("Parcel H") attached hereto for street pm-poses; and RJL-256336v2 2 CL205-25 WHEREAS, the Board of Commissioners of the Authority has found that it is in the best interest of both the Authority and the City if the City proceeds to acquire all of the Subject Property and then convey to the Authority the portions thereof not required by the City for street pm-poses ("Remainder") so that the Authority may redevelop the Remainder pursuant to the Contract for Private Redevelopment; and WHEREAS, on January 24, 2005, the City Council adopted Resolution No. 2005-05 authorizing and directing the acquisition of the real estate described in Exhibit A attached hereto by eminent domain proceedings for street and redevelopment purposes; mhd WHEREAS, Parcel H is also required for street purposes in furtherance of the Project and, although City staff have made reasonable efforts to acquh'e Parcel H on behalf of the City voltmtarily through negotiation, City staff have not been able to reach agreement upon terms for purchase of Parcel H; and WHEREAS, the City has received a grant fi:om Anoka Cotmty which may be used to acquire Parcel H m~d wlzich must be disbursed by April 6, 2005, or be lost to the City; and WHEREAS, the Board of Commissioners of the Authority has fotmd that the ftmding and construction schedule for the redevelopment pursuant to the Contract for Private Redevelopment makes it necessary to acquire title to and possession of the Subject Property prior to the filing of the final report of the condemnation cormrfissioners to be appointed by the district com-t. NOW, THEREFORE, BE IT RESOLVED by the City Conncil of the City of Colnnhbia Heights, Minnesota that: 1. It is necessary that the Subject Property mhd Parcel H be acquired by the City in fee simple absolute for the stated public purposes tlxrough the exercise of the power of eminent domain. 2. The Authority's Attorney is hereby authorized mhd directed to take all steps necessm-y to acquh'e the Subject Property and Parcel H on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court-Appointed Co~mrfissioners. 3. The amonnts stated on Exlfibit B attached hereto are hereby determined to be just compensation for the various parcels of the Subject Property mhd Parcel H for the purpose of offers to the owa~ers pursuant to Mi~m. Stat. § 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. § 117.042. RJL-256336v2 3 CL205-25 Offered by: Second by: Roll call: Adopted by the City Council of the City of Colmr~bia Heights, Mhmesota this 28th day of February, 2005. ATTEST: Gary L. Peterson, Mayor Patficia Muscovitz, CMC Deputy City Clerk/Cotmcil Secretary RJL-256336v2 4 CL205-25 EXHIBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings (collectivelY, "Subject Property") Parcel E The street addresses of Parcel E are 3755 University Avenue NE, 3700-5th Street NE mid 317-37th Avenue NE, Colmnbia Heights, Mimlesota 55421. The property identification munbers for Parcel E are: 35-30-24-34-0003 (3700 5th Street NE) mid 35-30-24-34-0004 (317 - 37th Avenue NE) The legal description of Parcel E is as follows: Lots 4 mid 5, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets mid alleys accruing thereto upon vacation mid appurtenant easements if any. According to the map or plat thereof on file mad of record in the office of the Cmmty Recorder in mid for Anoka Cotmty, Mimaesota. Parcel F The street address of Parcel F is 620 - 39th Avenue NE, Colmnbia Heights, Mirmesota 55421. The property identification number for Parcel F is: 35-30-24-43-0047 The legal description of Parcel F is as follows: Lots 1 mid 2, Block 3, 2nd Subdivision of Block F, Colmnbia Heights Atmex, together with that portion of the North ½ of 38th ½ Avenue Northeast abutting said Lots, heretofore vacated Together with vacated mad to be vacated streets mad alleys accruing thereto upon vacation mid appurtenant easements if may. According to the map or plat thereof on file and of record in the office of the Comaty Recorder in mid for Anoka Cotmty, Mimaesota Parcel G The street address of Parcel G is 450 - 38th Avenue NE, Colmnbia Heights, Milmesota 55421. The property identification nmnber for Parcel G is: 35-30-24-34-0002 RJL-256336v2 A-1 CL205-25 The legal description of Parcel G is as follows: That part of Lot 3, Auditor's Subdivision No. 50, Anoka County, Mim~esota, lying 9.00 feet Northwesterly of the vacated spin' track once located on said Lot 3. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file m~d of record in the office of the County Recorder in and for Anoka Comity, Minnesota. RJL-256336v2 CL205-25 A-2 EXHIBIT B Just Compensation Amotmts Parcel ProperW Address E 3755 University Avenue NE Colmnbia Heights, MN F 620 - 39th Avenue NE Colmnbia Heights, MN G 450 - 38th Avenue NE Colmrtbia Heights, MN H 627 mhd 703 - 39th Avenue N.E. Colmnbia Heights, MN *h~cludes real estate mhd fixtm'es, if any, for entire parcel. Just Compensation _Aa~otmt* $1,405,100 $ 438,210 $ 320,000 $ 192,000 RJL-256336v2 CL205-25 B-1 EXHIBIT C Legal Description of Parcel H The street adch'esses of Parcel H are 627 and 703 - 39th Avenue N.E., Colmnbia Heights, Mfl~nesota 55421. The property identification nmnbers for Parcel H are: 35-30-24-43-0045 (627 - 39th Avenue N.E.) 35-30-24-43-0046 (703 - 39th Avenue N.E.) The legal description of Parcel H is as follows: Lots One (1), Two (2), and Tltree (3), Block Two (2), all in 2~d Subdivision of Block F, Colmnbia Heights Anmex Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file m~d of record fix the office of the Registrar of Titles in and for Anoka Cotmty, Mhmesota Being Registered Property pm'suant to Certificates of Title No. 70385 and 70386. RJL-256336v2 CL205-25 C-1 CITY COUNCIL LETTER Meeting of: February 28, 2005 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL .£ -A -q NO: Fire ITEM: Establish Hearing Dates BY: Charlie Thompson BY: ~~d/~1~ License Revocation, Rental Properties DATE: February 22, 2005 DATE: NO: Revocation or suspension ora license to operate a rental propen~y within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. A2~thony Chester ........................................................... 600 51~t Avenue N.E. RECOMMENDED MOTION: Move to establish a hearing date of March 14, 2005 for revocation or suspension of a license to operate a rental prope~y within the City of Colmnbia Heights against Anthony Chester at 600 51st Avenue N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 28, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: .~- - .~- i ~ Fire royal of Rental Housing License BY: Charlie Thompson BY~~?~~- ITEM: App Applications NO: DATE: February 22, 2005 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for February 28, 2005. COUNCIL ACTION: OccupanyI.D. 10033 10067 10500 10504 10508 20037- 20052 20500 30003 30008 30019 30021 30027 30040 30109 30125 30127 30135 30141 30145 30149 30151 30153 30175 30500 30502 30504 10156 10174 20208 10061 10150 20164- 12013 30043 34012 30130 30158 30181 30183 12036 Property Owner Name Wyman, Veryl E. Bryant, LLC. Anoka County Community Action Anoka County Community Action Anoka County Community Action Koke Development Northern Lights Property Anoka County Community Action Columbia Village CH Housing Limited Partners Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company, LLP City of Columbia Heights E.D.A. Northeast Seniors Housing Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company,LLP Lynde Investments Company, LLP Lynde Investment Company, LLP Bryant, LLC A.C.C.A.P. Anoka County Community Action Anoka County Community Action Ahmed Abdullahi Ahmed Abdullahi Ahmed AI-Beheary Laura Alarcon Angeles Alvardo Olga Antochy Carlos Arcos-Martinez Attn: Mark Jossart Alan Avery Haji Azam Haji Azam Haji Azam Haji Azam Vernon Bahr Property Address 1316 43RD AVE 5075 JOHNSON ST 4349 5TH ST 43O4 5TH ST 4411 MAIN ST 3835 Tyler Street 660 47 1/2 AVE 4641 POLK ST 1675 44TH AVE 841 41 ST AVE 4060 4TH ST 4120 4TH ST 4100 4TH ST 965 40TH AVE 3850 Stinson Boulevard 4425 UNIVERSITY AVE 4441 UNIVERSITY AVE 4715 UNIVERSITY AVE 5131 UNIVERSITY AVE 4433 UNIVERSITY AVE 4707 UNIVERSITY AVE 5121 UNIVERSITY AVE 5141 UNIVERSITY AVE 3806 Stinson Boulevard 3932 CENTRAL AVE 4641 Tyler Street 4647 Tyler Street 4643 7TH ST 4637 7TH ST 4916 Tyler Street 4555 WASHINGTON ST 5159 7TH ST 4000 HAYES ST 5230 4TH ST 4200 3RD ST 4201 MONROE ST 4622 Tyler Street 4616 Tyler Street 4927 UNIVERSITY AVE 4935 UNIVERSITY AVE 840 50TH AVE 02/24/2005 13:52 Page 1 O¢cupanyI.B. 30018 12105 35044- 20190 12163 20150 20009 12146 20226 20025 20111 20097 12131 12094 12007 20128 10026 12114 12029 20261 10098 20058 20295 30072 12076 30055 30123 20063 30080 10040 12222 12082 12206 34006 20040 20041 20042 20043 20204 20132 12133 Property Owner Name Gary Bailey Joe Bazzett Russell Bednarkski Clinton Bengtson Carl Berg Steve Bethel John Billings Rita Blanske Myrna Bourcy Clifford Boyum Clifford Boyum Anthony Brown Judith Brunsell Raymond Buganski Aernie Burns Daniel Busse Ricardo Cadman Waldemar Carillo Kathryn Carstensen Charles Chen Josh Chu Katherine Crosby Marilyn Dalseth Danny Dang Thomas Deggendorf Martha Demetriou Martha Demetriou Mohsen Dessouki Mark Dunleavey Bruce Ebner David Ernewein Douglas Evans William Farrey Lori Fitzpatrick Edward Fragale Edward Fragale Edward Fragale Edward Fragale Gerry Gerechi Judith Germain Roger Gillespie Property Address 233 42ND AVE 4514 FILLMORE ST 999 41 ST AVE 4544 FILLMORE ST 4209 WASHINGTON ST 4555 FILLMORE ST 4108 MADISON ST 667 51 ST AVE 1132 40TH AVE 4855 5TH ST 4028 CLEVELAND ST 4056 5TH ST 1401 42 1/2 AVE 1026 45TH AVE 4212 WASHINGTON ST 621 51 ST AVE 3947 ARTHUR ST 1325 CIRCLE TERRACE BLVD 4048 MADISON ST 1207 43 1/2 AVE 4213 3RD ST 1162 CHEERY LN 4612 POLK ST 3915 LOOKOUT PL 1204 CHEERY LN 1400 47TH AVE 4654 Tyler Street 4610 FILLMORE ST 3725 MAIN ST 3928 CENTRAL AVE 3820 HAYES ST 4156 2ND ST 1110 43 1/2 AVE 626 40TH AVE 1300 CIRCLE TERRACE BLVD 1308 CIRCLE TERRACE BLVD 1316 CIRCLE TERRACE BLVD 1324 CIRCLE TERRACE BLVD 3742 3RD ST 1355 CIRCLE TERRACE BLVD 1010 42ND AVE 02/24/2005 13:52 Page 2 OccupanyI.D. 10034 12203 20300 12063 20012 20088 20142 20144 20146 20152 20154 20011 20116 30124 20006 20024 20390 10122 20299 20134 30007 30009 30011 30082 30013 10126 10164 10035 10085 12044 20103 34010- 12167 12032 20315 10042 20293 20184 30034 30066 30092 Property Owner Name Michael Gondek James Graham Thomas Gromek Ali Hager Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bradley Hoag Mike Hyska Margaret Ingle Marge Janson Marge Janson Marge Janson Dave Johnson Gerald Johnson Dwight Jotblad Michael Juaire Michael Juaire Michael Juaire Michael Juaire Michael Juiare Vivex Kamran Laurie Karnes Gina Kilgore Gina Kilgore Susan Kinch Susan Kinch Matt Kleinjan Elizabeth Klenert Dan Krick Larry Larson Howard Law Mark Lee Steve Looke James Lupient James Lupient James Lupient Property Address 344 40TH AVE 4409 MONROE ST 4340 Quincy Street 4415 MAIN ST 5252 WASHINGTON ST 5234 WASHINGTON ST 5110 WASHINGTON ST 5146 WASHINGTON ST 5037 JACKSON ST 5140 WASHINGTON ST 5200 WASHINGTON ST 3861 EDGEMOOR PL 1035 43 1/2 AVE 4347 UNIVERSITY AVE 1236 CIRCLE TERRACE BLVD 1266 CIRCLE TERRACE BLVD 1248 CIRCLE TERRACE BLVD 3808 Reservoir Blvd 4655 POLK ST 1116 45TH AVE 4417 UNIVERSITY AVE 4301 3RD ST 4255 3RD ST 315 44TH AVE 4241 3RD ST 2215 45TH AVE 1226 43RD AVE 4753 UPLAND CRST 4542 HEIGHTS DR 1221 CIRCLE TERRACE BLVD 1241 CIRCLE TERRACE BLVD 1731 37th AVE 4957 Tyler Street 4333 WASHINGTON ST 1087 POLK CIR 1218 Borealis Lane 4600 POLK ST 4326 MONROE ST 2200 39TH AVE 3839 HART BLVD 3838 MCKINLEY ST 02/24/2005 13:52 Page 3 OccupanyI.D. 20117 20034 20035 20038 20039 20060 20044 12130 12015 12140 30164 30035 20187 12050 30062 30108 12147 12064 12205 20243 30426 30023 12023 30147 35045- 20125 12037 20177 10166 12208 12165 10082 12113 20318 12115 10064 10099 12136 20206 12052 20101 Property Owner Name Ping Luu-Wang Rose Maciaszek Rose Maciaszek Rose Maciaszek Rose Maciaszek John Majewski Edwin Matthes Duncan McClellan Mary Jo McNutt Thomas McQuarry Richard Meissner Robert Mikulak John Miller Kathleen Mills Paul Modell Paul Modell Kathryn Morales James Nelson Robert Odden Julio Orellana Feriz Palic Michelle Parson Ernesto Payan Terry Pease Diane Pederson Karen Pelak W. Tarey Peterson Kelly Phillips Stephen Popa Timothy Quass John Ranweiler Aaron Reed Erich Rice Mahmoud Rifai Linda Rogers Philip Ruce Kathy Rudnitski Patsy Sandsness Ron Sanford Linda Sawochka Nelia Schaff Property Address 1214 45 1/2 AVE 4401 JACKSON ST 4407 JACKSON ST 4400 VAN BUREN ST 4404 VAN BUREN ST 4995 Tyler Street 5229 7TH ST 4422 MONROE ST 5055 JACKSON ST 609 51 ST AVE 4643 PIERCE ST 228 40TH AVE 5000 4TH ST 1129 CHEERY LN 4650 JOHNSON ST 3746 Stinson Boulevard 673 51 ST AVE 1745 37th AVE 1203 42 1/2 AVE 4628 JOHNSON ST 1035 PETERS PL 4226 4TH ST 4519 Taylor Street 3925 3RD ST 1000 41 ST AVE 561 51 ST AVE 3963 POLK ST 4535 WASHINGTON ST 4421 4TH ST 3727 Reservoir Blvd 4648 Taylor Street 3956 Tyler Street 3940 JOHNSON ST 1069 POLK PL 1057 POLK PL 1221 44 1/2 AVE 5122 7TH ST 1214 43 1/2 AVE 4914 Tyler Street 838 40TH AVE 1203 CHEERY LN 02/24/2005 13:52 Page 4 O¢cupany I.D. 20247 12201 20188 30112 30132 10065 10106 12173 12005 20003 20107 20424 10093 20020 20406 20018- 20019 30078 30104- 20030 30038 12068 20072 30126 12186 10046 10129 30161 20110 10158 10052 Property Owner Name Nelia Schaff Ilse Schlachtenhaufe Ronald Schloesser Maumer Sekizovic Maumer Sekizovic Walter Sentyrz Walter Sentyrz Martin Sieger Bruce Smith Tad Sonneman Tad Sonneman Tad Sonneman Leland Stauch Leland Stauch Audrey Stauch Stacy Stutelberg Thomas Therrien Thomas Therrien Va-Megn Thoj Joesph Tohey Edward Ukatu Janene Unke-Hanson Stanley Van Blaricom William Wall Weston Wiggins Nate Williams Melissa Williams Myong Yi John Zezza Jeffrey Zimmer Robert Zschokke Property Address 4228 MADISON ST 4838 W UPLAND CRST 4217 2ND ST 4357 Tyler Place 970 44TH AVE 2119 45TH AVE 3721 VAN BUREN ST 1237 43 1/2 AVE 3800 Tyler Street 4029 2ND ST 4125 2ND ST 4654 WASHINGTON ST 4311 Royce Street 4545 FILLMORE ST 4556 FILLMORE ST 218 42ND AVE 633 51 ST AVE 4556 MADISON ST 4656 POLK ST 3822 3RD ST 615 40TH AVE 4357 7TH ST 4513 Taylor Street 4648 POLK ST 4144 MADISON ST 4410 CENTRAL AVE 4151 Stinson Boulevard 4546 Tyler Street 4055 UNIVERSITY AVE 3921 Tyler Street 3823 POLK ST 02/24/2005 13:52 Page 5 CITY COUNCIL LETTER Meeting of: February 28, 2005 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~-. /4~ _ I} License Department APPROVAL ~ DATE: " /,. ITEM:License Agenda B Y:ShelleyHanson. . ~~/~/~/~ NO: DATE: February 25, 2005 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the February 28, 2005 City Cotmcil meeting. This agenda consists of applications for Contractor licenses for 2005. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. Tlfis memos that the data privacy fonr~ has been submitted as required. If not submitted, certain information cam~ot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on tl~'e business license agenda for February 28, 2005 as presented. COUNCIL ACTION: TO CITY COUNCIL February 28, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *St. Marie Sheet Metal *Roto Rooter Services *Wright Tree Service *Target Remodeling *Signs by RSG 7940 Spring Lk Pk Rd, SLP 14530 27th Ave No., Buffalo 230 Lundin Blvd, Mm~kato PO Box 1464, Maple Grove 6160 Green Valley Rd, Ramsey $60.00 $60.00 $60.00 $60.00 $60.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: 2- ~>~t~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number I [["~ through in the amount of$ ~,Or~l~). ~gD · These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FIN~CI~ SYSTEM CITY OF COL~BIA HEIGHTS 02/24/2005 12:47:11 Check History GL050S-V06.60 CO~RPAGE GL540R * *** C O U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * Report Selection: Optional Report Title ....... 02/28/05 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru 111776 thru 111940 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 02/24/2005 12 Check History 02/28/05 COLINCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT ANOKA COUNTY ANOKA COUNTY TREASURER CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE D'VINE WINE DISTRIBUTORS DEX MEDIA EAST LLC DUGDALE/MARY EAST SIDE BEVER3kGE CO EMP FARNER-BOCKEN FEMLING/CAROL G & K SERVICES GENUINE PARTS/NAPA AUTO GOPdVl/MN / G/kRY GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON/JASON JOHNSTON/ERIC KIWI KAI IMPORTS KUETHER DIST. CO. LAND TITLE INC LESCHISIN/BARB LUCKING/BILL MAC QUEEN EQUIPMENT CO. MARK VII DIST. MINNEAPOLIS FINANCE DEPT MINNESOTA COACHES MTI DISTRIBUTING O'BRIEN/DANIEL OFFICE DEPOT OKERSTROM/LEE ONVOY PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS QWEST COMMUNICATIONS SEPItgJ OPPORTUNITIES SHAMROCK CASINO TOURS SIDDIQUE/AHSAN SPECIALTY WINES & BEVEP~A THOMPSON/CHARLIE UNIVERSITY OF MINNESOTA VERIZON WIRELESS WELLS FARGO - PAYROLL AC ACE ICE COMPANY AMERICAN BOTTLING COMPAN CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 1 CHECKNUMBER AMOUNT 111776 111777 111778 111779 111780 111781 111782 111783 111784 111785 111786 111787 111788 111789 111790 111791 111792 111793 111794 111795 111796 111797 111798 111799 111800 111801 111802 111803 111804 111805 111806 111807 111808 111809 111810 111811 111812 111813 111814 111815 111816 111817 111818 111819 111820 111821 111822 22.35 100.00 4,321.34 1,210.00 472.91 161.90 12.15 36,117.90 50.64 3,946.67 100.00 46.38 33.11 70.34 30,459.85 8,308.20 375.00 29.00 220.60 67,809.65 790.00 11.00 500.00 300.00 26,057.57 75,182.89 883.74 130.00 99.01 29 07 40 97 25 91 195 36 23,053 81 89 67 45,651 78 1,185 43 7 18 575 00 375 00 892 50 12 79 520 00 287 29 246,462 77 201 74 48 56 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/24/2005 12 Check History GL540R-V06.60 PAGE 2 02/28/05 COLrNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BELLBOY BAR SUPPLY BELLBOY CORPOP~ATION COCA-COLA BOTTLING MIDWE DAKOTA CO FIRE CHIEF'S A DEEP ROCK WATER COMPANY ELECTION SYSTEMS & SOFTW EXTREME BEVERAGE G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HENRY P HENRY HONEYWELL INC HOWARD/TOM JOHNSON BROS. LIQUOR CO. KNICKELBINE/MARY LARSON/ROY LIEN/KRISTOFER MINN EROSION CONTR.ASSOC MN CHAPTER IAAI MN REC & PK ASSOC - MRP MOHHAMEDIABDI MALIK NAWROCKI/BRUCE OFFICE DEPOT PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COM~K/NICATIONS STATE TREASURER BLD VERIZON - ATTN: PREPAY D WINE MERCHANTS XCEL ENERGY (N S P) $3 BILL INC ACE HARDWARE ACE INDUSTRIAL SUPPLY ADVANCED GRAPHICS SYSTEM AMERICAN WATER WORKS ASS AMERIPRIDE ANOKA COUNTY - GOV'T CEN ANOKA COUNTY LIBRARY ANOKA COUNTY PROPERTY RE ANOKA CTY - CENTP~AL COMM ASSOC OF METRO MUNICIPAL AWWA MINN SECTION HEALTH BAKER & TAYLOR BARNA GUZY & STEFFEN LTD BATTERY CITY INC BFI/WOODLAKE SANITARY SE BOYER TRUCK PARTS 111823 111824 111825 111826 111827 111828 111829 111830 111831 111832 111833 111834 111835 111836 111837 111838 111839 111840 111841 111842 111843 111844 111845 111846 111847 111848 111849 111850 111851 111852 111853 111854 111855 111856 111857 111858 111859 111860 111861 111862 111863 111864 111865 111866 111867 111868 111869 85.50 8,306.45 338.10 20.00 130.06 313.53 320.00 16.04 3.17 3,039.39 217.86 17,963.00 500.00 16,066.81 500.00 432.00 350.00 135.00 440.00 955.00 500.00 465.70 46.71 2 254.39 11 613.71 59.28 35.00 37.50 4,679.53 10,947.24 580.00 189.10 147.85 148.94 140.00 34.90 162.63 174.72 225.00 61.27 5,778.00 250.00 1,175.08 13,392.00 354.57 89,805.09 170.58 ACS FINANCIAL SYSTEM 02/24/2005 12 Check History 02/28/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT BR3~DLEY & GUZZETTA LLC BRODART BRYAN ROCK PRODUCTS, INC BUILDING FASTENERS CADD/ENGINEERING SUPPLY CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CENTER POINT ENERGY CITY WIDE LOCKSMITHING CLARK PRODUCTS INC CONTINENTAL RESEARCH COR DEEP ROCK WATER COMPANY EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC FP~ATTALONE COMPANIES INC G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GOODIN CO. GOVERNMENT TRAINING SERV H & L MESABI HARBOR FREIGHT TOOLS HASSAN SAND & GRAVEL HEINRICH ENVELOPE CORP INSTRUMENTAL RESEARCH IN JACKS SMALL ENGINE INC JINDRA/PATRICIA JOHNSTONE SUPPLY CO LEXISNEXIS MATTHEW BENDE LIBR3MRY JOURNAL LOW VOLTAGE CONTRACTORS MAC QUEEN EQUIPMENT CO. MACTA MENARDS CASHWAY LUMBER-F METROCALL - ATT MESSAGIN METROPOLITAN COUNCIL WAS METROPOLITAN HOME MIDWAY FORD MINITEX - ATTN MARY GARC MINNESOTA SOCIETY OF CPA MORTON SALT MPELRA MURZYN JR/DONALD J O'GAP~A/ANDREW OFFICE DEPOT ORKIN PEPSI-COLA-7 UP CHECK NUMBER 111870 111871 111872 111873 111874 111875 111876 111877 111878 111879 111880 111881 111882 111883 111884 111885 111886 111887 111888 111889 111890 111891 111892 111893 111894 111895 111896 111897 111898 111899 111900 111901 111902 111903 111904 111905 111906 111907 111908 111909 111910 111911 111912 111913 111914 111915 111916 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 3 AMOUNT 362 50 13 16 2,045 62 13 13 310 20 1,267 00 36.33 845.52 293.94 68.19 549.00 121.10 668.75 459.53 17,808.00 573.91 119.05 95.82 78.63 125.00 346.90 38.28 1,548.16 220.00 150.00 16.38 35.00 34.29 110.00 99.00 140.00 2,514.84 600.00 511.23 27.60 64,197.88 29.00 43.35 426.00 160.00 21,452.13 150.00 35.00 45.00 1,071.01 55.40 80.00 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/24/2005 12 Check History GL540R-V06.60 PAGE 4 02/28/05 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PRO-PAC PROSOURCE TECHNOLOGIES I QUICKSILVER EXPRESS COUR RAPIT PRINTING - NEW BRI READER'S DIGEST ASSOCIAT RESOURCE DOCUMENTS & ADV ROYAL TIRE RUFFRIDGE-JOHNSON EQUIP. SCHAFF/THOMAS SCHELEN GPJIY ELECTRIC SERVICE LIGHTING ST JOSEPH'S EQUIPMENT STREICHER'S GUN'S INC/DO SUN PUBLICATION TAUTGES, REDPATH, & CO., TPJINS-ALARM INC TUBBS/MARSHA TWIN CITY AREA LABOR MGM VERIZON WIRELESS VIKING ELECTRIC SUPPLY VOSS LIGHTING WELLE AUTO SUPPLY INC WW GRAINGER, INC XCEL ENERGY (N S P) 111917 1,220.90 111918 14,164.67 111919 12.62 111920 334.68 111921 19.98 111922 645.12 111923 138.45 111924 746.55 111925 124.00 111926 181.00 111927 14.87 111928 198.34 111929 203.79 111930 383.63 111931 10,131.05 111932 61.70 111933 62.82 111934 300.00 111935 10.32 111936 368.05 111937 35.30 111938 5.97 111939 18.85 111940 99.38 920,510.60 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/24/2005 12 Check History GL540R-V06.60 PAGE 5 02/28/05 COUI~CIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 920,510.60 RECORDS PRINTED - 001051 ACS FINANCIAL SYSTEM 02/24/2005 12:47:13 FUND RECAP: FUND DESCRIPTION ................................ 101 GENEP~AL 201 COMMUNITY DEVELOPMENT FUND 203 PARk~VIEW VILLA NORTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVISION 240 LIBRARY 265 CONFISCATED/FORFEITED PROP 272 POLICE GRANTS-OTHER 411 CAPITAL IMP-GEN GOVT. BLDG 415 CAPITAL IMPRVMT - PIR PROJ 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 701 CENTRAL GARAGE 720 DATA PROCESSING 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 72,613.92 1,262.65 405.24 454.77 202.62 1,417.24 5,739.55 150.80 1,341.23 78.81 1,215.73 34,563.23 78,535.67 66,214.34 90,626.69 638.40 304,298.47 3,310.93 10,976.93 25.91 241,475.18 4,962.29 920,510.60 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME ................................ BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 920,510.60 920,510.60 CITY COUNCIL LETTER Meeting of February 28, 2005 AGENDA ORIGiNATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL / NO: ITEM: Close Hearing BY: Charlie Thompson BY:/(/?//~/,,~Z- Rental License Revocation DATE: February 22, 2005 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Alicia Anderson regarding rental property at 4824 Stinson Blvd. N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to corm~ence at the City Council meeting of February 28, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Alicia Anderson regarding rental property at 4824 Stinson Blvd N.E. in that the violations on the property have been corrected. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 28, 2005 AGENDA SECTION: Items for Consideration, Other ORIGINATING DEPT.: CITY MANAGER Ordinances and Resolutions Community Development APPROVAL NO: I ITEM: Emergency Ordinance So. 1481 BY: eatrick Smith BY:~,,,~,~~ An ordinance repealing Ordinance No. 1449 and DATE: February 17, 200'5 ~]~ imposing a moratorium on Automobile Dealerships in the General Business Districts. Issue Statement: Consideration of Emergency Ordinance # 1481, which is an ordinance of the Columbia Heights City Council, imposing an emergency moratorium for automobile dealerships in the General Business Districts. Comprehensive Plan: Two goals of the Comprehensive Plan are to "Enhance the ilnage and viability of the University Avenue corridor" and "Enhance the image and viability of the Central Avenue corridor." h~ addition, the Comprehensive Plan states, "The City will facilitate the enhancement mhd partial redevelopment of the University and Central Avenue comdors in a manner that is compatible with and supportive of transit and transit-related land use patterns." Analysis: The Plamling Co~mnission, at its February 1, 2005 meeting, questioned if used car dealerships were an appropriate use along Central Avenue and University Avenue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business District mhd Limited Business Districts. Prior to any Zoning Ordinance amendments, the Planning Cormnission and staff believe it is prudent to adopt an emergency ordinance prohibiting the expansion or establishment of motor vehicle sales and/or lease in the General Business Districts. However, it does not include building permits for maintenance issues such as roofs and/or siding, etc. This emergency ordinance would be effective for an additional period of 12 months, but could be shortened, or extended for an additional time period of up to 6 months, should the City Council deem it necessary. Recommendation: Staff recommends establishing an emergency moratorium, in ma effort to protect the planning process and the health, safety, and welfare of the public. Staffreconmaends that the following motions be made. Recommended Motions: Move to waive the reading of Emergency Ordinance #1481, there being ample copies available to the public. Move to adopt Emergency Ordinance #1481, being ail Ordinance imposing a moratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. Attachments: Ordinance #148I; Planning Commission minutes fi'om Februa~3; 1, 2005 COUNCIL ACTION: EMERGENCY ORDINANCE NO. 1481 AN INTERMI ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to mhd establishing a Zoning and Development plan mid revised Zoning Map for the City of Columbia Heights; mhd, Section 2: Ordinance 1428 and subsequent mnendments is officially known as the Columbia Heights Zoning mhd Development Ordinance; mhd, Section 3: The Columbia Heights Zolfing and Development Ordinance divides the City into four residential districts, three business districts, and two industrial districts; and, Section 4: The tln'ee business districts are fm-ther classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District; GBD, General Business District; and CBD, Commercial Business District; and, Section 5: The City Council determines it is necessary to undertake a land use study to determine the effect that the operation of motor vehicle sales and/or leasing lots have and are having on the areas in which they are located, including, but not limited to the effects on automobile traffic near the lots, the effects on provision of city services to the properties and other effects arising fi'om the operation of businesses; and, Section 6: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of exiting motor vehicle sales and/or leasing lots and the establislmaent of motor vehicle sales and/or leasing lots while the information is gathered regarding existing lots so as to obtain an accurate depiction of the effects such existing lots are having in Columbia Heights; and, Section 7: Mi~mesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Comacil finds that adoption of this Interim Ordinance will protect the plamzing process and the health, safety and welfare of its citizens while the study provided for in tlfis Ordinance is being conducted; and, Section 8: The Columbia Heights City Cotmcil hereby imposes a moratorium on automobile businesses in the General Business District effective immediately and terminating on August 14, 2005, mhd recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of motor vehicle sales and/or lease lots and the expansion of existing motor vehicle sales and/or lease lots within the General Business District in the City of Columbia Heights for the purpose of protecting the plalming process pending completion. Section 10: Passed this Offered by: Seconded by: Roll Call: This Ordinance shall be in full force and effect innnediately. __ of February 2005 Attest: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City ClerkYCouncil Secretary