HomeMy WebLinkAboutMay 9, 2005 Regular
ADM/N/STRA TlON
Mavar
Gary 1. Peterson
Cal/lld/members
Robert A. Williams
Bruce Nawrocld
Tammera Ericson Die/un
Bruce Kelzellberg
City Mallarzer
Walter R. Felzst
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 5542] -3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: www.ci.columbia-heights.mn.us
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
May 9, 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/ROLL CALLIINVOCATION
Father Al Backmann, Immaculate Conception Catholic Church, will give the invocation.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
A) Proclamations
1) Buckle Up, Columbia Heights - Click it or Ticket, May 23rd to June 5th.
B) Presenta tions - none
C) Introduction of New Employees - none
D) Recognition - none
p4
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business. )
A) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve City Council Meeting Minutes
a) Minutes for April 25, 2005 regular City Council meeting
MOTION: Move to approve the minutes ofthe April 25, 2005, regular City Council meeting as
presented.
b) Minutes for the May 2,2005 Board of Review
MOTION: Move to approve the minutes ofthe May 2,2005 Board of Review as presented.
P5
PO
2) Accept Boards and Commissions Meeting Minutes
a) MOTION: Move to accept the Housing and Redevelopment Authority minutes of January 25,
2005. P15
b) MOTION: Move to accept the Economic Development Authority minutes of February 15,2005. P21
c) MOTION: Move to accept the Housing and Redevelopment Authority minutes of the March 7,
2005. PZ5
d) MOTION: Move to accept the Telecommunications Commission minutes of Apri121, 2005. P27
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
May 9, 2005
Page 2 of 3
e) MOTION: Move to accept the Charter Commission minutes of April 21, 2005.
f) MOTION: Move to accept the Traffic Commission minutes of May 2,2005.
g) MOTION: Move to accept the Planning and Zoning Commission minutes of May 3,2005.
P31
P35
P39
3) Establish Work Session meeting date for Tuesday, May 17,2005, beginning at 7:00 p.m. in
Conference Room 1.
MOTION: Move to establish a Work Session meeting date for Tuesday, May 17,2005 beginning at
7:00 p.m. in Conference Room 1.
P44
Upcoming Work Session Items: Junk Vehicle and landscaped parking Ordinance (ability to tow after
96 hours from private or public areas), purchase of two replacement squad cars, City Attorney
Contract Survey, Community Center, Liquor Store, Duplex rezoning, retirement health savings plan
4) Adopt Resolution No. 2005-23, being a Resolution accepting bids and awarding a contract for City
Proiect #0500: 2005 Miscellaneous Concrete Repairs and Installation P!45
MOTION: Move to waive the reading of Resolution No. 2005-23 there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2005-23, accepting bids and awarding the 2005
Miscellaneous Concrete Repairs and Installations, Municipal Project #0500, to Quality Restoration
of Little Canada, Minnesota, based upon their low, qualified, responsible total bid in the amount of
$16,836.00 with funds to be appropriated from Fund 401-50400-4000; and, furthermore, to authorize
the Mayor and City Manager to enter into a contract for the same.
5) Authorize installation ofa "yield sign" for north and southbound traffic on 6th S1. at 48th Ave. p48
MOTION: Move to recommend the City Council authorize installation of a yield sign for north and
south bound traffic on 6th Street at 48th Avenue based on a recommendation ofthe Traffic
Commission.
6) Adopt Resolution No. 2005-22 being a Resolution authorizing the Columbia Heights Fire P49
Department to enter into contracts to conduct hotel and public school inspections
MOTION: Move to waive the reading of Resolution No. 2005-22, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2005-22, being a Resolution authorizing the Columbia
Heights Fire Department to enter into contracts with the State Fire Marshal Division of the
Department of Public Safety to conduct inspections of all Hotels and Public Schools within our
jurisdiction.
7) Approve Business License Ap-plications P 5 5
MOTION: Move to approve the items as listed on the business license agenda for May 9,2005 as
presented.
8) Approve Payment of Bills P57
MOTION: Move to approve payment ofthe bills out of the proper funds as listed in the attached
check register covering Check Number 112620 through 112789 in the amount of$561,051.11.
6. PUBLIC HEARINGS - none
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions - none
City Council Agenda
May 9, 2005
Page 3 on
B) Bid Considerations - none
C) Other Business
1) Liquor License application for Star Bar 865
MOTION: Move to deny the application for and On-Sale Liquor and Sunday Liquor License for Mr.
Stephen Yang and Associates dba Star Bar.
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
B) Report ofthe City Attorney
9. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five rpinutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
! J~PJf
Walter . Fehst, City Manager
WF Ipvm
4~A-\
PROCLAMATION
"Buckle Up, Columbia Heights - Click it or Ticket!"
l'"day 23rd - June 5th
Whereas, Columbia Heights Police Department and the Milmesota Department of Public Safety
Office of Traffic Safety, participants and administrators of the Safe & Sober May Mobilization
education and enforcement campaign, is committed to saving lives by increasing seat belt use
and reducing the number of unnecessary traffic fatalities on Minnesota roads; and
Whereas, more than two-thirds of traffic fatalities are attributed to seat belt non-use; and
Whereas, motor vehicle crashes are the leading cause of death for children and young adults
ages 4 to 33 and the leading cause of quadriplegic and paraplegic; and -
Whereas, we recognize seat belts play an important role in saving lives, preventing injuries, and
reducing insurance and health care costs; and
Whereas, while Mimlesota laws enforce seat belt use, all of us must do what we can to stress the
importance ofbuclding up; and
Whereas, the coordination of state and local efforts will enhance the overall efficiency and
impact of tlus life-saving campaign.
Now therefore be it resolved, that the Columbia Heights City Council endorses the Safe &
Sober May Mobilization and recognizes the period of May 23rd to June 5th as "Buckle Up,
Columbia Heights- Click it or Ticket!" The Columbia Heights City Council urges citizens of
Columbia Heights to use this week to demonstrate and reaffmn our commitment to buclding up
and arriving alive to our destinations.
Be it further resolved, that the Columbia Heights City Council encourages peace officers to
increase public awareness ofthe risks associated with seat belt and child seat non-use; that the
Columbia Heights City Council also supports the education and eriforcement activiti~s that
include conducting enhanced enforcement; distributing public information; collecting seat belt
use data to measure progress; and supporting efforts to improve State legislation on the required
use of passenger protection devices; and be it further,
Now therefore, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do proclaim May
23rd to June 5th to be known as "Buckle Up, Columbia Heights- <;::lick it or Ticket!" in
Columbia Heights.
Mayor Gary L. Peterson
PA
5A let.
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
APRIL 25, 2005
. .;"..l,
tF~'ESt 'MINUTE'S HAVE
NOl .BEEN. APEROVED"
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April
25,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson
Diehm, Councilmember Kelzenberg
Pastor Dave Briley, Dale Hill Baptist Church, gave the Invocation.
PLEDGE OF ALLEGIANCE - recited
ADDITIONSillELETIONS TO MEETING AGENDA
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Proclamations
2005 Arbor Day Proclamation
Mayor Peterson read the 200S Arbor Day Proclamation and presented it to Lauren McClanallan,
Public Works Supervisor. McClanahan stated this is the thirteenth year we have received this award
and he displayed the Tree City USA flag giving to the City. He thanked the City Council for their
continued support of the program. The Arbor Day celebration will be held at Prestemon Park this
Friday, April 29th. The Mayor thanked McClanahan for his work to keep us a Tree City USA.
Nawrocki refened to the extreme tree trimming allowed this year on Main Street and Sth Street.
Williams and Peterson stated we would do something about that.
200S Prayer Brealcfast Proclamation
Mayor Peterson read the 200S Prayer Brealcfast Proclamation. He thanked staff and citizens that
have helped with tins for tile past six years. He stated everyone was welcome at the event.
Presentations and Recognition
New Columbia Heights Fire Clnef
WaIt Fehst, City Manager, introduced Assistant Fire Chief Gary Gorman as our new Fire Chief. He
listed Gorman's his background with our Department and the community. Gorman thanked everyone
for their support and indicated that our firefighters are a great group of people to work with, malcing
the job easier. Fehst stated that we would soon test for tile Assistant Chief position, believing the
position would be filled from within our Department. Fehst pointed out that the entire Fire
Department was present to show their support of the new Fire Chief. He also pointed out our new
full time member, Tom Mattson.
Fire Prevention Poster Contest - Local, Regional, & State winner Claire Hinrichs
Gorman indicated that each year our 4th and Sth graders are invited to participate in the Fire
Prevention Poster contest. The Library staff chose the 2004 local winner, Claire Hinrichs. Her poster
then went on to win the 34 depmiment regional contest. It then went on to the State contest, where
she won first place. Gorman stated the Department's and cOlmnunity's pride to have Ms. Hinrichs
attain this award. The poster is on the front page of the current Minnesota State Fire Chief s
magazine. Her parents, Eric mId Jody Hinrichs, were also present. Gormml presented her with a
plaque and $7S cash gift. Claire thmueed the City COllilCil.
P.5
City Council Minutes
April 25, 2005
Page 2 of8
CERT Team Certificates
Peterson turned the meeting over to Councilmember Williams for presentation of the Community
Emergency Response Team (CERT) Certificates. Williams stated the goal is to train ten percent of
our population. Corporal Lee Okerstrom described the program as "citizens helping citizens",
Okerstrom and Williams presented the certificates. Mayor Peterson, Councilmember Nawrocki, and
City Manager Walt Fehst were among the CERT members receiving their certificates. The Mayor
congratulated everyone. There will be a large scale disaster training program held when sufficient
members are trained.
Introduction of New Employees
Keith Windschitl, Recreation Director, introduced Beth Sarna, as the new Clerk Typist II in the
Recreation Depaliment.
CONSENT AGENDA
Walt Fehst, City Manager took Councilmembers through the Consent Agenda items.
1) Approve City Council Meeting Minutes for April 11, 2005 regular City Council meeting
Motion to approve the minutes ofthe April 11, 2005 regular City COlmcil meeting as presented.
2) Accept Boards and Commissions Meeting Minutes
a) Motion to accept the January 26, 2005 minutes of the Park and Recreation
Commission
b) Motion to accept the February 23,2005 minutes of the Park and Recreation Commission
c) Motion to accept the April 5, 2005 minutes ofthe Library Board
Nawrocki objected to the delay on the Park and Recreation Commission minutes. Fehst stated it
was relative to the loss of staff. Nawrocki stated that names should be recorded on a split vote.
Nawrocki stated he did not fmd the information received on revenue enhancement very
informative, and asked for specifics on items proposed.
3) Approve trallsfer of funds from General Fund to Police Department Budget to reimburse Overtime
Fund
Motion to approve transfer of $2,224.64 received from Unique Thrift Stores, $376.00 received from
Columbia Heights High School activities, and $2,796.50 collected from Independent School District
#13 from the General Fund to Police Department 2005 budget under line #1020, Police Overtime.
4) Authorize to seek proposals for professional services for miscellaneous repairs to the City's Water
Tower Removed
5) Authorize to seek bids for new High Pressure Water Jetter truck to replace Unit 3190A Removed
6) Adopt Resolution No. 2005-21, being a Resolution establishing a public purpose expenditure policy.
Removed
7) Approve the items listed for rental housing license applications for April 25, 2005
Motion to approve the items listed for rental housing license applications for April 25, 2005.
8) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for April 25, 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 112435 thr<P:6h 112619 in the amount of$1,081,743.34.
City Council Minutes
April 25, 2005
Page 3 of8
Motion by Nawrocki, second by Williams, to approve the Consent Agenda, except for items 4,5, and 6.
Upon vote: All ayes. Motion carried.
4) Authorize to seek proposals for professional services for miscellaneous repairs to the City's Water
Tower
Kevin Hansen, Public Works Superintendent, indicated this is for basic mainten811Ce repairs to the
water tower, and should add 15 years oflife to the tower. The process takes about 15 (Plus) months.
Estimated engineering service fees are $8,000. Repairs costs will be $40,000 to 50,000. Nawrocki
asked if the engineering services would cover the specifications and construction aspects ofthe
process. H811Sen stated yes.
Motion by Willi8l11s, second by Nawrocki, to authorize staff to seek proposals for design and
inspection services for miscellaneous repairs to the City's Water Tower. Upon vote: All ayes.
Motion carried.
5) Authorize to seek bids for new High Pressure Water Jetter truck to replace Unit 3190A
Hansen stated the current unit is mechanical 8l1d requires extensive yearly repairs 8l1d is a safety
issue. Our citywide sewer line cleaning has gone from a six year cycle to a three year cycle. Due to
Federal and State mandates, we are now required to treat our s8l1itary sewer lines. The proposed unit
is a high pressure water jetter. The cost estimate is $130,000.
Nawrocki stated this is one of two pieces of equipment we use for cle81llng sewer lines.
Williams stated the three year cleaning cycle is a requirement of the insurance company to obtain no
fault insurance for sewer line backups. We spent $12,000 last year to repair the current equipment. .
Motion by Ericson Diehm, second by Kelzenberg, to authorize staff to seek bids for (1) one new
High Pressure Water Jetter truck mounted, to replace Unit #1 09A: 1987 Sereco Truck Mounted
Sewer Rodding Machine.
Nawrocki stated that staff wants to keep the existing truck, but the specifications should include
trade-in of the current unit or we should advertise it for sale.
Motion Amendment by Nawrocki for an alternate bid specification to reduction the bid based on
value of the cunent piece of equipment.
Hansen stated that staff had anticipated other uses for the chassis, but it can be included as an option
with the Council's decision upon bid approval. Willi8l11s stated this is a 1996 truck that the
department has a use for with other equipment. Nawrocki stated we just keep adding and adding
equipment to the point where there is no more room for storage.
Motion Amendment seconded by Willi8l11s. Upon vote: All ayes. Motion amendment carried.
Original Motion: Upon vote: All ayes. Motion carried.
6) Adopt Resolution No. 2005-21. being a Resolution establishing a public purpose expenditure policy.
Nawrocki stated that the work session packet did not include the conclusion811d this packet did not
include the page from the auditor, which indicated this was one of three concerns. He questioned
where the recommendations for the other two items were. Nawrocki indicated concern that this
would add to employment benefits. Annual P.7ployee and Board/Commission recognition events
City Council Minutes
April 25, 2005
Page 4 of8
are part of the budget. This resolution would give staff control in these areas, and the League of
Minnesota Cities information gives no specific recommendations. He asked for more information on
the problems in Brooklyn Park. We should be concemed that this would be included in the monetary
package for PERA or part of the process for bargaining units. Each cost should be a budget line item.
Ericson Diehm read the last line of the resolution, indicating that Council setting the budget would
control expenditures.
Jim Hoeft, City Attomey, stated that the Auditor's request has driven this policy. If the auditor finds
an issue not in compliance with the public purpose policy, Council would then have to deal with it.
Williams stated it is not a big item and includes things like retirement cake and COlmcil coffee.
Hoeft indicated that other cities he represents have similar resolutions. Nawrocki stated this
references the State Auditor's political comments.
Nawrocki referred to the January and February minutes of the Park Board and certain groups getting
different rates for hall rental, and asked their authority to give such things away. Brooklyn Park gave
away free golf time and were therefore questioned. The Murzyn Hall policy would be questioned.
Fehst stated that any Murzyn Hall discount for residents would be a Council decision. Nawrocki
stated he strongly believes in the resident discount, and disagreed with the Park Commission making
the decision. Fehst stated that the City Council approved the rates.
Kelzenberg questioned if this would cover the Auditor's requirement. Elrite stated this brings us in
compliance with our Auditor and the State Auditor.
Motion by Ericson Diehm, second by Williams, to waive the reading of Resolution No. 2005-21,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson Diehm, second by Kelzenberg, to adopt Resolution No. 2005-21, being a
Resolution establishing a public purpose expenditure policy. Upon vote: Kelzenberg, aye; Williams,
aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried.
RESOLUTION NO. 2005 - 21
BEING A RESOLUTION ESTABLISIDNG A PUBLIC PURPOSE EXPENDITURE POLICY
WHEREAS, the City of Columbia Heights recognizes that in the current work environment employee job satisfaction and
productivity depends on more than just the salary an employee receives; and
WHEREAS, all employee benefits are basically a fmID of employee compensation that like all other fonns m'e designed to
attract, retain and motivate employees; and
WHEREAS, the City concludes that expenditures for employee events, including food at employee meetings, in reality, have
as their primary purpose, the creation of a more productive work force that better serves the needs of the citizens of Columbia
Heights; and
WHEREAS, the City has determined that monies spent on such events are additional fonns of compensation to all
employees; and
WHEREAS, employees have a reasonable understanding and expectation that ifthey are performing their job, they are
earning the right to attend the employee events.
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights has determined that expenditures for meals,
beverages and employee events shall be considered a compensation benefit that meets public purpose expenditure guidelines.
F.B
City Council Minutes
April 25, 2005
Page 5 of 8
BE IT FURTHER RESOLVED that those expenditures for memberships and dues for professional and community
organizations, when the purpose is to promote or improve the City's interests, are public purpose expenditures.
BE IT FURTHER RESOLVED that employee and volunteer recognition program expenses that promote increased
productivity, motivate employees, or acknowledge employees and volunteers for their service to the citizens of Columbia
Heights are public purpose expenditures.
BE IT FURTHER RESOLVED that the City Council believes it is important to provide recognition of traumatic or
celebratory occasions that occur in the lives of employees, appointees, and elected officials, and as such, expenditures for
these events meet public purpose expenditure guidelines.
BE IT FURTHER RESOLVED that the City Council in the City of Columbia Heights, Minnesota authorizes the City
Manager to expend budgeted funds for the above-referenced public purpose events.
PUBLIC HEARINGS
Close the Public Hearing for Rental Housing License Revocation at 4247 2nd Street NE.
Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license
held by Jude Akassap regarding rental property at 4247-49 2nd Street N.E. in that the violations have
been corrected.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
Second reading of Ordinance 1484, being an Ordinance amending Ordinance #1428; pertaining to
Zoning and Development Ordinance, rezoning of certain property at 4045 VanBuren Street.
Fehst stated that the Planning and Zoning Commission Public Hearing was held on April 5, 2005,
with unanimously approval to recommend rezoning of 4045 VanBuren from Central Business
District to Residential. This is the only remaining address in the area that needs to be rezoned.
Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No.1484, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Ordinance 1484, being an Ordinance amending
Ordinance #1428; peliaining to Zoning and Development Ordinance, rezoning of certain property at
4045 Van Buren Street. Upon vote: All ayes. Motion carried.
ORDINANCE NO. 1484
AN ORDINANCE AMENDING ORDINANCE NO. 1428 (ZONING ORDINANCE)
OF THE CITY OF COLUMBIA HEIGHTS BY REZONING CERTAIN REAL ESTATE WITHIN THE CITY
OF COLUMBIA HEIGHTS FROM CENTRAL BUSINESS (CBD) TO MUL TI-F AMIL Y RESIDENTIAL R3
Section 1: That certain property legally described as:
Lot 27, Block 61, Columbia Heights Annex, Anoka County, Minnesota; PIN # (35-30-24-41-
0057); and
Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from
Central Business (CBD) to Multi-Family Residential (R3), upon the effective date of said ordinance.
Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage.
ADMINISTRATIVE REPORTS
Report of the City Manager
· Inspected Ms. Shommer's claim of foundation damage from the NEI demolition. The cracks were
not what was expected, but indicated we would resubmit the claim to the insurance company. There
was prior water lealcage in this home.
· Galaxy Auto requests an exception to the auto sales moratorium, allowing the sale ofloaner cars.
There would be no signage at the site. He met with the City Attomey and City Planner and they all
felt exception could be made. This would be similar to the Community Bank auto sales. Nawrocki
requested to know the number of parking spP. 9S.
City Council Minutes
April 25, 2005
Page 6 of8
'. Complaint addresses on Circle Terrace were inspected and were found to be clean. Referenced an
email, indicating the Police routinely patrol the area.
· Increased rental inspection fees will be on the agenda at the end of May or beginning of June. Fire
Chief Gorman has worked with the owner's association on this. Staff is also working on a speedier
resolution to complaints, for example: abandoned cars and yard clean up. This will be discussed at
the second work session in June.
· Received a complaint from an ACAP apartment resident regarding maintenance issues. We will try
to intercede, asking ACAP to work with residents and clean up more, and try a mediation process
through our Police Depmirnent. Nawrocki questioned access to Juda Care. Hoeft stated this is Anoka
County legal assistance for those unable to obtain their own legal council. There are income limits,
but it does include resident/tenant issues. Nawrocki indicated a conflict of interest with Hoeft'sfirm
representing A CAP. Hoeft stated that if Juda Care has issues with representation they have
alternative provisions.
· Staff is also looking to speed up the complaint process for commercial property maintenance
enforcement.
· Met with School District representatives and our Police Chief and Assistant Chief regarding the
School District policy on removing students with disruptive behavior. The School District's policy
conflicted with our Police Officer's requirement to handle the situation. At the meeting, Nancy
Kaldor, Superintendent, indicated there could not be preferential treatment. We indicated that we
could not tie the hands of Officers in their duty. Kaldor contacted him with a kind message regarding
the School District's future bond issue and what support we could count on regarding a commlmity
center.
Nawrocki stated there would be a joint meeting with the School District on Monday, June 6. He asked
that the meeting be chmlged fi"om 6:30 p.m. to 7:00 p.m. He indicated information was passed out at a
local school play stating that Columbia Heights is developing gym space, asking that residents request to
include a stage for plays and concerts. The document is in error indicating proposed construction of a
community center, as there is nothing such as this on the table. He requested that this fact be corrected.
Nawrocki stated he received averages for what homeowners pay for the sump pump program, and
requested specific sum totals that residents pay. Regarding purchase of park benches and tables, each
item should be in the budget with a line item, and in an emergency should be brought to the City
Council with a proposed amendment.
Report of the City Attorney
· Hoeft stated there would be a code enforcement meeting this Wednesday to review the junk
vehicle ordinance, citations and removing vehicles from properties in a shOlier tinle. Staff is
exploring an Ordinance for enforcement.
Peterson questioned Fehst on the status of the 801 bus service. The local hearing was held the same
night as a Council work session, so members were unable to attend. Nawrocki stated there has been
information on their budget problems, and he does not expect them to make changes in their proposal.
Fehst stated that letters have been sent to our State Representatives, Metropolitan Council
representative, and Transit representative requesting reconsideration for partial service. Letters indicated
senior units along tIns bus line that need to use public transit. Staff will check to see where we stand.
CITIZENS FORUM
Mm"ilyn Wenz, 1000 Peters Place, indicated necessary repairs to the apartment building where she lives and
the tenant's inability to receive a response from the management company since November 2004. Fehst
stated that the building is inspected every year and the apartments are inspected every two years, but the
City is also having trouble communicating with the management group. Fehst indicated the consequences to
residents if the rental license was revoked. Wenz inP.1 oted she is looking for other housing.
City Council Minutes
April 25, 2005
Page 70f8
Chief Gorman confirmed difficulties in reaching the owner. The license and application fee have now been
received and revocation proceedings will be brought to one of the next two City Council meetings.
Kelzenberg asked that it be on the next Council agenda.
Nawrocki questioned the process for tenants to escrow rent through a mediator. Hoeft indicated that would
have to be initiated by Judi Care.
COUNCIL CORNER
Williams
· The Citizens Watch Group held their first meeting. Citizens were encourage to contact the City, the
Police Chief, or himself to look into enforcement of things such as stump removal, or junk car removal.
· Received a letter regarding vandalism and small theft not being tal (en seriously. We need to enforce our
ordinance.
· Received a letter of a retaining wall that has been neglected for 20 years.
· Spring clean up is being done - and it is encouraging. Fehst encouraged anyone to call BFlor the City
on obvious junk appliances.
· Williams congratulated Councilmember Ericson Diehm on her marriage.
· Acknowledged and thanked the Mayor and another gentleman for building a batting cage storage
building at Huset Park. Acknowledged that the Mayor, John Hunter and Councilmember Nawrocki built
the Gateway Park monument.
· Pray for the peace and health of our neighbors.
· Remember the Community Prayer Breakfast on May 11 tho
Kelzenberg
· Congratulated Ericson Diehm on her marriage.
· 500 Club will host their 3rd Annual Golf Tournament on June 12,2005 to benefit the Fire Explores.
· Toured the Lofts condominium model this weekend and was very impressed. Hardwood floors are an
option on the main level.
Nawrocki
· Has not seen the information concerning Cheery Heights loss of skyline sight.
· Noted the passing of Lyle Estrem, former Tasty Pizza owner. He was very involved with the Boosters
and Lions Club.
· Regarding the Mayor's Report considering a Point of Sale Ordinance. He is against the City doing the
inspections because of the technicality. There should be private contractors used, only requiring that an
inspection be made.
· Regarding the Huset Parkway, it will ultimately be the taxpayer paying for it, not the developer. There
will be no funds to cover City services.
· Regarding bidding for Attorney services, there is more than one competent firm. Look at how much
service you are buying and if you need it all. Look at the necessity and alternatives.
· Regarding City and County magazine article on financial management, learn to share services. With
computers there can be consolidation to provide service.
· Did not attend the SRA meeting because of a conflict, but the SRA is following the pipeline safety
regulations being promoted for cities to locate private sewer laterals. This would be difficult and costly.
It appears that we are not winning the battle. There are also Minnegasco hearings regarding increases.
Xcel has withdrawn the proposal to drop the purchase and maintenance of street lighting.
· Received his Property Tax Statement. His proposed City tax increase is 17.5 percent. Others who have
indicated increases are 18.8 percent and 22.3 percent for city purposes. We have one of the lowest
income levels and these tax rates hit hard. P. 11
City Council Minutes
April 25, 2005
Page 8 of8
· Attended the Telecommunications Commission meeting, which included discussion on Comcast
policies. The membership has talented people. We should use their background and lmowledge for areas
such as the new emergency service radio system. He offered a copy of the annual Comcast report for
review. The Anoka County ConsOliium will discuss wireless communities bid on May 4th. The City of
Minneapolis is also discussing a wireless system for their city. Maybe we should look to tie into their
system. Fehst stated that we are.
· Congratulated Ericson Dielun.
Ericson Diehm
· The Community Development Depmiment received a $1,000. grant to cover the cost of their intem. This
is a great example of City Staff finding ways to find money for the things we want.
· RepOlied that in March our local food shelf served 443 faJ.TIilies, of which 254 faJ.TIilies were from
Columbia Heights. Encouraged everyone to donate as food shelf needs exist every month.
· Values First values for April are self-control and self-discipline.
Peterson
· Express sympathy to the Lyle Estrem family. He was very active in the community.
· Received a call from a resident regarding the 4100 block of Jefferson, where one house has seven or
eight cars in the street/driveway. Asked people to be good neighbors and to realize what they do impacts
their neighbor. Tickets will be issued if necessary. Chief Johnson stated that the property referenced has
been tagged and the process is in court regarding parking, junk vehicles, and unlicensed home business.
Residents are asking that we enforce our ordinances. We would rather have people clem1 up without
enforcement, but if not, we will have to get tough.
· Tomorrow night there is an HRA/EDA meeting at Parkview Villa. There will be a proposal from Walker
Legacy to build a 66 unit senior building on the NET site. This will allow residents to indicate what their
interest is for the area. The more information given to the City Council, the better decision we can make.
We should have all the public input possible.
· Don't take ourselves too seriously, do a rm1dom act of kindness, and don't forget our troops around the
world.
ADJOURNMENT
Peterson adjourned the meeting at 9:24 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.12
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL BOARD OF REVIEW MEETING
MAY 2, 2005
5Alb
THESE MINUTES HAVE
NOT BEEN APPROVED.
The following are the minutes for the Board of Review for the City of Columbia Heights City Council
held at 7:00 p.m. on Monday, May 2,2005 in the City Council Chambers, City Hall, 590 40th Avenue
N.E., Columbia Heights, MN.
ROLL CALL
Present: Mayor Peterson, Councilmember Williams, COlillcilmember Nawrocki, Councilmember
Ericson Diehm, Councilmember Kelzenberg
STATEMENT OF PURPOSE OF THE BOARD OF REVIEW
To review property valuations as of January 2, 2005 for taxes payable 2006, and to hear appeals from
citizens who feel aggrieved or have questions regarding property valuations.
INTRODUCTION
Linda Magee, Assistant to the City Manager, introduced Anoka County representatives - Mike
Sutherland, Assessor; Nancy Thompson, Residential Appraiser; and Jim Rouleau, Commercial
Appraiser.
QUESTIONS AND ANSWERS REGARDING PROPERTY VALUES
Harold Hoium, 4315, 5th Street NE, questioned the amount of delinquent property taxes and requested
the addresses, not PIN numbers, of City owned properties that are not taxed. Nawrocki stated that
delinquent tax information has been published in the appropriate newspaper. Nawrocki stated that PIN
numbers are the legal property description. Rouleau stated that vacant property may not have an address,
but would have a pin number. Hoium stated that all properties in this City are established and have an
address. Peterson stated that City owned property is in the process of development to pay taxes, unless it
becomes parldand.
Nawrocki stated that propeliy under development is still in private hands and pays taxes. He referred to
the map distributed by the County showing non-tax paying propeliy, which are schools, city, or park
property. Nawrocki indicated that our tax delinquent property is climbing, but it is still a small
percentage compared to other communities.
Ericson Diehm asked for an explanation of median ratio. Rouleau stated the definition and indicated
there were only four commerciELl sales last year in Columbia Heights and they need six sales to set a
market for the city, so the comparison was made Countywide. The same applies for land sales.
Nawrocki questioned the comparison to the property in Fridley that is in our School District. Sutherland
stated that the County transitioned to a PC based system during the last two years, which only allowed
them to meet deadlines, not to create the normal detailed comparison. The detail book will be presented
again next year. Specific answers could be obtained from the Auditor. The City of Fridley employs their
own assessor, but they are required to meet guidelines. Sutherland indicated that the regular Columbia
Heights appraiser has been deployed to Iraq.
Rouleau stated that Columbia Heights was low on apartment ratings, and at 110 percent on the
commercial propeliy. Land was not changed.
P.13
City Council Minutes
May 2, 2005
Page 2 of2
COUNCIL ACTION
Motion by Williams, second by Kelzenberg, to adopt the 2005 Assessment Rolls as presented. Upon
vote: All ayes. Motion carried.
ADJOURN
Mayor Peterson adjourned the meeting at 7:25 p.m.
Patty Muscovitz CMC
Deputy City Clerk/Council Secretary
P.14
S-A -}-~
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF J.A-.NUARY 25, 2005
CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment
Authority (HRA) was called to order by Chair, Tammera Ericson at 7:05 pm, January 25,2005, in
the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Tammera Ericson, Bruce Nawrocki, Bobby Williams, Dennis
Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg
PLEDGE OF ALLEGIANCE
Oath of Office- Walt Fehst conducted the Oath of Office to the reappointed Commissioners Bruce
Nawrocki and Bobby Williams.
ELECTION OF OFFICERS
Chair- Williams nominated Nawrocki, second by Ecklund. Kelzenberg nominated Ericson, no
second. Ericson nominated Kelzenberg, second by Jindra.
Upon Vote by Poll: Votes for Nawrocki: Ecklund, Jr., Williams, Nawrocki, Jindra,
Kelzenberg
Votes for Kelzenberg: Ericson
Nawrocki was elected Chair with a five to one vote.
Nawrocki then took over the duties of Chair.
Vice Chair- Ericson nominated Kelzenberg, second by Williams.
Motion by Ericson, second by Williams, to appoint Kelzenberg for Vice Chair. All ayes. Motion
Carried.
Secretary/Treasurer-Ericson nominated Jindra, second by Williams.
Motion by Ericson, second by Williams to appoint Jindra for Secretary/Treasurer. All ayes.
Motion Carried.
CONSENT AGENDA
Approval of Minutes
Motion by Ericson, second by Williams, to approve the minutes of October 19 and December 16,
2004, amending the December 16th minutes, Termination of Lease, paragraph two to read as
follows:
Nawrocki stated he heard from the family of a resident that went into the hospital the
end of October and died in early November, the family was told they had to pay the
rent for December, as the personal belongings were not removed from the apartment.
All ayes. Motion Carried.
REPORT OF MANAGEMENT COMPANY
Welke went over the October, November and December monthly reports she provided to the board
and stated the waiting lists for both the north and south buildings continue to grow. Staff is
waiting on the last proposal for the 9th floor water pipe leaks, and that the physical, REA C
inspection is scheduled for February 15, 2005.
P.1S
Housing & Redevelopment Authority Minutes
January 25, 2005
Page 2 of6
Nawrocki stated he understood there was a 20-year old, women placed in the south building, and
asked if the south building wasn 'tjustfor seniors. Welke stated she had a vacancy in the south
building and did receive prior approval from Mr. Streetar. Streetar stated he did give her
approval as there was a vacancy in the south building, the young lady has a disability and there
would be a unit available for her soon in the north building.
Nawrocki stated he wrote a letter and had discussed with Mr. 0 'Donnell at walker his
dissatisfaction with the kind of service provided to the residents, and did not want to see any
problems come out of this for staff or for residents at Parkview villa. Welke stated Terry Busch
and her are currently signed up for a Tenant and Resident Training Course they will be taking
soon. Ericson stated she had asked Welke to address a situation she was made aware of and both
the resident and her were very satisfied with the way she handled the situation.
RESIDENT COUNCIL MINUTES
Jindra stated she provided minutes for the months of November, December and January, asked if
there were any questions. There were none.
CITIZENS FORUM
Lynn Miner, Unit 202, asked why the building has so few amenities for residents, no gyms, etc.
Nawrocki stated this building wasn't built to accommodate these kinds of amenities and wasn't
sure that HUD would pay for them either.
Mrs. Brody, 3805 Reservoir Blvd., daughter of Adeline Schafer stated her mother died, they gave
notice on November 8th, Parkview Villa management wants the family to pay the December rent.
They wrote down and submitted a complaint stating they would not be paying the rent. When her
aunt received a termination of lease notice, which was different than the one that she was given,
they felt they shouldn't be responsible for the rent. A walk through was done on December 30th,
Welke stated the unit was going to be occupied the first of January, but they haven't received their
damage deposit back yet. Nawrocki stated the board has researched this policy for Parkview Villa
and determined it wasn't a good policy. Streetar stated Welke, will be bringing a new lease
agreement before the board where this issue is addressed. Welke stated she didn't rewrite the
lease for the south building yet. Nawrocki suggested the board take action to cancel the December
months rent.
Motion by Williams, second by Kelzenberg, to cancel the December rent payment from Adeline
Schafer. All ayes. Motion Carried.
Marilyn Beers, unit 124, stated she has a handicapped sticker, but is parked the farthest from the
building, and wondered if there is someone canceling their handicap spot, ifshe could get it.
Welke stated she does have a waiting list of residents that want to use the handicap spots and has
given Marilyn Beers the/arm to fill out.
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Housing & Redevelopment Authority Minutes
January 25, 2005
Page 3 of6
ITEMS FOR CONSIDERATION
Resolution 2005-01. Amend and Restate the Bvlaws
Nawrocki stated this Resolution is to change the meeting dates from the third Tuesday of the month
to the Fourth Tuesday of the month.
MOTION by Ericson, second by Williams, to Adopt Resolution 2005-01, a Resolution to Amend
and Restate the Bylaws of the Columbia Heights Housing & Redevelopment Authority. All ayes.
Motion Carried.
Policv for Underground Parking Access
Welke stated this policy is being presented to the board for approval to better service the residents
of Parkview villa that are handicap, to be able to access the building from the garage.
Nawrocki asked if the Parkview Villa south residents get first choice for renting the garage space.
Welke stated she has been questioned about this, but there wasn't any policy in place that she
could find. Nawrocki stated the south building residents should have first choice parking spots, as
the garage was built for that building. Welke will write up a policy for board approval.
Ecklund stated residents pay $35 deposit and $15 per year, what is the $35 fee for. Welke stated
the $35 is a deposit for the door opener and is returned when they give up their parking spot.
Ecklund asked why they couldn't pay the $15 per year as residents in the south building are also
on a limited budget. Nawrocki stated the one time deposit fee, is an incentive to return the opener
and keys after they aren't using the spot. Williams suggested a $1.00 yearly fee for use of the
garage space.
MOTION by Williams, second by Kelzenberg, to Approve the Underground Parking Garage
Access Policy with the amendment of$1.00 per year instead of$15.00. All ayes. Motion
Carried.
Community Room Policy and Agreement
Welke stated this was brought to her attention as there are many residents that are using the
community room and not leaving the room clean, this policy would require a fee for rental that
would be returned to them if the room was left clean.
Nawrocki asked about the groups such as the prayer groups that meet every Saturday night in this
room, would they need to obtain a permit also. Welke stated that would be up to the board
to clarify this. Jindra stated it should be used if a resident wants to use the room fora birthday
party and would get their deposit back if it is left clean, the prayer group is for all residents and
so they shouldn't have a special permit. Bob Lindig, Walker stated maybe the policy could state
the deposit will be required only if the function is not a management function. Ecklund stated we
should go by anything on the calendar for the month.. Welke stated there was only one time in the
past year were a church used the room and left it in a mess, otherwise, it is used for residents and
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Housing & Redevelopment Authority Minutes
January 25,2005
Page 4 of6
management functions. Nawrocki suggested the resident council approve what functions would
require a deposit.
MOTION by Ericson, second by Jindra, to Approve the Community Room Policy and Agreement
with the amendment ofthe Resident Council determining the functions on the Parkview Villa
calendar to be excluded from the deposit. All ayes. Motion Carried.
Policv for Internal Transfers
Welke stated she rewrote this policy per the HRA board direction at the last meeting.
Ecklund asked ifshe rented all of the two bedroom units and someone comes into the building that
is married, is there some clause where the two bedroom units need to be occupied by two people.
Welke stated it goes by the waiting list, which doesn't specify any difference in occupancy, it is just
if they have the money. Streetar asked if any of the two bedroom units specify they have to be
oc.cupied by a handicap person. Welke stated it does not.
Carol Hinrich, Unit 710, asked if there is a waiting list for the south building. Welke stated there
is a waiting list, which is out about 6 months to a year. Nawrocki asked if Carol was on the
waiting list. Welke stated she was given an application, and currently there are 13 people on the
waiting list.
MOTION by Williams, second by Kelzenberg, to Approve the Policy on the Internal Transfers at
Parkview Villa North and South Buildings. All ayes. Motion Carried.
Tenant Handbook & House Rules
. Welke ask the board if they had any questions on the Tenant Handbook & House Rules.
Nawrocki stated the cover page states Parkview Villa is managed by walker but should also say
owned by the Columbia Heights HRA, and it states residents are charged for an extra proxy key,
what about the door keys. Welke stated she has in the past issued extra keys.
Lynn Meier, Unit 202 there is a problem with so many of us using our computers, then when
someone calls us to get in the building, we can't hear the ring. Terry stated there is a way to set
your computer up so when someone calls you, the computer will automatically shut you down from
the internet and your phone will ring and that he could give her some instructions on how to do it.
Jindra stated there isn't pet policy in the document and should be added. Ericson stated there are
some areas that need to be edited and maybe staff could bring the document back to the board
after it has been revised. Streetar suggested he work with Welke on making the corrections, and
suggested ifboard members have any comments or corrections they should contact him.
Nawrocki table this item until a future meeting.
P.1S
Housing & Redevelopment Authority Minutes
January 25,2005
Page 5 of6
Parkview ViIIa North Lease Revision
Welke stated she was notified, by our BUD representative that the Lease needs to be updated to
state standards. Such corrections as we cannot deny anyone that qualified to rent per BUD
requirements ,the current lease reads month to month, it should be one year and then after that
month to month, added late fee charges or NSF fees charged at $25, security deposit went from
$100 to $200, and on page 4, letter L was added stating residents are responsible for actions of
their visitors.
Fehst stated we would hope walker keeps the waiting lists up so that people who are not seniors
are not able to get into the building. Welke stated they tell people that are not seniors the waiting
list for that isn't a senior is approximately 7 years.
Nawrocki stated in the case of a death, we would expect payment of rent for that month, what if
they died on the 28th of the month. Ericson stated what about leaving the policy as it is in place
and leaving this board to make that decision. Nawrocki asked how the family would know about
this. Welke stated she makes it very clear to new residents what the requirements are according to
the lease. Fehst stated the important thing would be that the unit be ready for the next tenant to
rent as soon as possible. Ericson stated ifwe don't leave that specification in the policy, you could
say someone dies on November 8th and staff calls the next person on the waiting list to see ifhe
can move in on December rt, but he can't so we move down the list and if we don't have this in
place we would move down the list fast, which would allow non-seniors to occupy the unit. Welke
stated in most cases the family is happy about having the extra time to clean up the unit. Williams
suggested we leave the policy as is and let this body handle the appeals. Kelzenberg would like to
see that part highlighted stating they wouldn't need to pay for the extra months rent unless they
need time to clean out the unit.
MOTION by Ericson, second by Kelzenberg, to Approve the Parkview Villa North Lease
Revision. All ayes. Motion Carried.
Nawrocld asked if the board would be reviewing the south lease soon. Welke stated it would come
before the board at a later date.
ACOP (Admission and Continued Occupancy Policy)
Welke stated her BUD representative updated this document as there were so many changes.
Welke added a couple of things like the square footage, page 16 the drug related information has
been updated, and a security deposit was added. Typically it is held for damage but she added if
the resident pulls out of the apartment without notice, we would keep the deposit.
Ericson asked whether or not staff has gotten a legal opinion, and gave an example: the near
elderly section of the policy was omitted in the new policy, with a legal opinion they could tell us if
there is some areas that we can specify our preferences that would be different from the HUD
guidelines. This would possibly help us specify seniors only. Streetar asked Ericson if she is asking
for attorney review to see ifwe can specify senior preference. Ericson stated she is.
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Housing & Redevelopment Authority Minutes
January 25, 2005
Page 6 of6
MOTION by Williams, second by Ericson, to Approve the ACOP (Admission and Continued
Occupancy Policy), subject to legal review by Kennedy and Graven Chartered. All ayes. Motion
Carried.
Community Service and Self Sufficiency Policy
Welke stated this policy was not initiated in 2003 as required by HUD and states persons 62 or
older are exempt from this policy, residents under age 62 would have to have it verified by a
doctor that they cannot do 8 hours of community service per month, are working 30 or more hours
at ajob or they would be required to turn in a signed Community Service sheet at their annual
recertification time, and if they don't complete the 8 hours per month their lease could be
terminated.
Nawrocld stated this should be addressed at the Resident Council meeting. Welke stated she has
met with Ecklund, posted a notice in the Library for 30 days, brought it before the Resident
Council and that her HUD representative told her she could sign off on community service hours,
as walker is a non-profit organization.
MOTION by Kelzenberg, second by Jindra, to Approve the Community Service and Self
Sufficiency Policy, which would be in effect on April 1, 2005 when approved. All ayes.
Motion Carried.
ADMINISTRATIVE REPORTS
Streetar suggested Mr. Lindig from walker go over his financial report that is in the EDA packet
so he doesn't have to stay for the EDA meeting.
Financial Report for Parkview Villa
Bob Lindig went over some of the areas of interest in the financial report for the board.
Motion by Ericson, second by Williams to approve the Parkview Villa portion of the EDA
financial report. All ayes. Motion Carried.
ADJOURNMENT
Motion by Jindra, second by Williams to adjourn the meeting at 9:19 pm. All ayes. Motion
Carried.
Respectfully submitted,
Cheryl Bakken
Recording Secretary
H:\HRAMinutes 2005\1-25-2005
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sA; b
ECONOl',;]JC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
FEBRUARY 15, 2005
CALLTOORDEWROLLCALL
President, Murzyn, Jr., called the meeting to order at 7:00 p.m.
Present: Don Murzyn Jr., Gary L. Peterson, Bobby Williams and Bruce Nawrocki, Tammera
Ericson, and Bruce Kdzenberg
Absent- Patricia Jindra
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approval of Minutes
Financial Report and Payment of Bills
Nawrocki asked what the $3,235.99 under minor equipment, account number 201-42400 and
asked what employees time is charged under this item. Streetar stated he wasn't sure why the
description wasn't listed in the report, but that it was to purchase new lateral file cabinets, as we
combined the property files from upstairs when Cher took over the Homesteading last year, to
expand our Planning and Zoning case files and the extra space needed for the new housing
property files. Bakken stated we purchased a total of five cabinets, as the old cabinets were full,
with no room for the additional housing folders from Kmart and the Industrial Park
redevelopments. Streetar stated under Protective Inspection time is charged for Shelley, Pat and
Larry.
Nawrocld asked what the bills from Unicorp were for. Streetar stated it was for painting on the
9th floor modernization project. Nawrocki stated he thought that was included in the contract.
MOTION by Ericson, second by Peterson, to adopt the consent agenda items as listed. All ayes.
Motion Carried.
PUBLIC HEARING
Resolution 2005-03. Condemnation of Certain Property for Redevelopment
Schumacher stated the contract for private redevelopm.ent requires a public hearing for the
condemnation of properties in the Industrial Park Redevelopment area and felt Schafer
Richardson has satisfied the requirements of trying to obtain the necessary properties for the
development. This resolution is just incase the developer cannot acquire all of the properties.
Unfortunately, they were unable to acquire several properties necessary for the redevelopment
project, and are requesting the EDA and City proceed to acquire all parcels by means of
negotiations or through eminent domain. The properties listed in Resolution 2005-03 are the
Greifproperties located at 3755 University, 3700 5th Street and 317 3ih Avenue; the Buckles
property located at 620 39th Avenue; and the Smith property located at 450 38th Avenue in the
Industrial Park. Staff feels the developer has satisfied the intent and conditions of the
development agreement and recommends adoption of Resolution 2005-03 and introduced Brad
Schafer, Schafer Richardson and attorney, Bob Lindall for comments or questions.
Murzyn, Jr., asked if there were any residents or business owners present that would like to
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Economic Development Authority Meeting Minutes
February 15, 2005
Page 2 of 4
speak at this time, otherwise he would accept a motion to close the public hearing. There was no
public input.
Motion by Williams, second by Peterson, to close the public hearing. All ayes. Motion Carried.
Nawrocki asked why we need to adopt the resolution ifsome of the property owners have already
agreed to sell and stated once you start condemnation proceedings, there are costs associated
with this. Brad Schafer stated they have verbal agreements with all but one of the property
owners. Bob Lindall stated there are many verbal agreements, but nothing signed yet. The
resolutions need to be adopted to insure the sale of the properties go through and that all the
properties that sign purchase agreements, will later be dropped from the list. There would only
be costs if you need to force condemnation on any of the properties.
Nawrocki asked w~y are there two resolutions for all of the properties. Lindall stated part of the
properties, are needed for housing development and the others are needed for the parkway.
Nawrocki asked where is 3700 5th Street. Schumacher stated throughout the City there are a
number of address discrepancies and for closings we have to go by what the county has. Under
Appendix A of the resolutions, it identifies the property addresses and owners.
Motion by Williams, second by Peterson, to Adopt Resolution 2005-03, a Resolution
Authorizing and Directing the Condemnation ofCertalll Property located at 3755 University
Avenue, 3700 5th Street, 317 37th Avenue, 620 39th Avenue and 450 38th'Avenue for
Redevelopment Purposes.
Upon Vote: Nawrocki- Nay; Ericson- aye; Williams- aye; Kelzenberg- aye; Peterson- aye;
Murzyn, Jr.- aye. Motion Carried.
Resolution 2005-04. Condemnation of Certain Property for Redevelopment
Schumacher stated the properties listed in Resolution 2005-04 are the 3800 5th Street LLC
property located at 3800 5th Street and 3901 5th Street and JR. Properties property located at
515 and 519 38th Avenue in the Industrial Park. Staffrecommends adoption of Resolution
2005-04.
Motion by Williams, second by Peterson to close public heming. All ayes. Motion Carried.
Motion by Ericson, second by Peterson, to Adopt Resolution 2005-04, a Resolution Authorizing
mld Directing the Condemnation of Certain Property located at 3800 5th Street, 3901 5th Street,
515 38th Avenue mld 519 38th Avenue for Redevelopment Purposes.
Upon vote: Nawrocki- nay; Ericson- aye; Williams- aye; Kelzenberg- aye; Peterson- aye;
Murzyn, Jr.- aye. Motion Carried.
ITEMS FOR CONSIDERATION
Mr. Steak Property at 4545 Central Avenue
Mr. Williams abstained from the discussion as he has bid on the property in the past.
Streetar stated this is a follow-up fi'om the last meeting. The owner of Mr. Steak is interested in
selling us his property. Staff agreed to contact other business owners in regards to their interest
in the site. Mr. Steak's owner, Mr. Wolf as stated in his letter dated February 1, 2005 that he is
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Economic Development Authority Meeting Minutes
February 15, 2005
Page 3 of4
willing to sell the property to the City for $575,000, which is $25,000 lower than the offer made
to the City on January 25th. Since the January meeting staffhas contacted Ron Clark, the owner
of the mall at 4110 Central; Bob Grootwassink, owner of 4001 Central; Udupi Restaurant;
Capital Investment representing Taco Bell; Welsh Companies; Haugland Companies;
Frauenshuh Companies; and Griffin Companies for their interest in the site. Frauenshuh was
the only one that was interested and will be showing their client the site early next week. Streetar
passed out a copy of the appraisal, which states the value of the property is $535,000.
Staffrecommended doing one of the following: 1) direct staff to continue to work with these
companies to help Mr. Wolffind a user for this property; 2) do nothing and let Mr. WolftlY to
sell it on his own; 3) we can encourage Frauenshuh to work with Advance Auto Parts to develop
the site; or 4) we could acquire the property, demolish the building and then have control over
what goes on the site.
Murzyn, Jr. asked Mr. Wolf if there is anyone he has talked to that is interested. Wolf stated
there is only the auto sales owner that is velY interested in the site.
Nawrocki stated the appraisal of the property is $530,000 and therefore he; 1) is not infavor of
buying the property particularly ifwe have to pay anything more than $300,000; and 2)
disagrees with the idea of not having a car lot on the site, we need to get meaningful
requirements for auto sales placed in our zoning ordinance and suggested putting this item on
the next City Council agenda. Streetar stated the City Planner is looking into how the City of
Hopkins has set up their moratorium for this same issue. Fehst stated he appreciated Nawrocki's
concern to get this changed before we receive an application, but questioned if we do this that
quick.
Nawrocki stated the auto sales issue along University Avenue has not been addressed. Streetar
stated the owner has been issued a citation, he still hasn't complied and that the judge gave him
90 days to comply.
Peterson stated he didn't think a used car lot was a very good choice for the city, was concerned
about buying property and not knowing what we are going to develop on the site. We have Welle
Auto that has been there for years and would not be very happy with another auto parts sales
along Central. With Burger King we purchased itfor $600,000 andfound the property was built
on a landfill and therefore, we need more money for the clean up. Streetar stated we received a
grantfor our part of the clean up and Nath will be paying also.
Ericson agreed we need to be careful in what we buy, but we need to set a pace for our citizens
and clean up properties to make them marketable. Private companies do not have access to
obtain grants for clean up like we do. By removing these barriers we are opening the doors for
new opportunities for development in the City.
Murzyn, Jr. stated our options at this time are: 1) do we want to purchase the property, or 2) not
get involved. We have sonte significant fund balances now and wouldn't mind using some of
them as Central Avenue has a lot of blighted properties and he would like to see the City
purchase the properties, demolish the buildings and go forward with development options.
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Economic Development Authority Meeting Minutes
February 15, 2005
Page 4 of 4
Fehst stated he has never worked in a City were they have moved so quickly to purchasing
property. Nawrocki stated maybe we should give the list of properties to the Rooney's to market.
Mary Rooney stated they have been working with staff, thanked Streetar for all of his help
worldng on Mr. Wolf's property sale. She stated the problem is that people can't see that
Columbia Heights is on the way up the hill and this is the time to get their business in the City.
Streetar stated he has talked to a lot of people and gets the response that Columbia Heights isn't
someplace that looks promising for them, to relocate to. Schumacher stated developers don't see
this is the time to get the property at a low price.
MalY Rooney stated by offering $300,000 for the property you are devaluing the property, she
hasn't lived her for 20 years, was proud to live here years ago, but, after coming back has
noticed the City has changed, would like to help redevelop the City, has rode with the Police
Department and seen the crime on the west side of Central Avenue, and stated that maybe needs
to volunteer to be on the EDA. '
Murzyn, Jr. directed staff to continue worldng with the Rooney's and Mr. Wolf to find a buyer for
the property.
ADMINISTRATIVE REPORTS
Kmart
Streetar stated if any of the commissioners are interested in looking at the Kmart homes with the
building official next week let us know. About a month ago the developer stated 16 of the 67
units are sold, with sales between 192,000 and 335,000, the footing andfoundations have been
poured on the first four townhomes. The developer is working to acquire the necessary road
right-ofway for access onto 49th as well as the right turn lane on 49th and ifhe is unsuccessful,
he will be asking the EDA in the next 30 to 90 days to use eminent domain to acquire them.
Williams asked if it was true that someone bought a couple units on the top floor. Mary Rooney
stated she had heard that someone bought some units in the loft area, but they would not identify
the individuals.
Central Business District
Streetar stated in January the EDA approved the planning process for the area along Central
from 3ih to 40th Avenue. Staffis currently performing an inventory of the area including
parking supply, other traffic concerns, stormwater, other public infrastructure, property
inventory, building quality and maintenance. The next step would be to meet with property
owners and discuss their issues and concerns sometime in March.
ADJOURNMENT
President, Murzyn, Jr., adjoumed the meeting at 8:34 p.m.
Respectfully submitted,
Cheryl Baldcen
Community Development Secretary
H:\EDAminutes2005\2-15-2005
P.24
.5 ft2 c..
HOUSING & REDEVELOPMENT AUTHORITY
SPECIAL MEETING MINUTES OF MARCH 7, 2005
CALL TO ORDER - The Special Meeting of the Columbia Heights Housing & Redevelopment
Authority (HRA) was called to order by Chair, Bruce Nawrocld at 7:07 p.m., Monday, March 7,2005, in
Conference Room 1, City Hall, 590 40th Avenue N.E., Columbia Heights, MN
ROLL CALL
Commission Members Present: Bruce Nawrocld, Bobby Williams, Dennis Ecldund Jr., and Bruce
Kelzenberg, and (Tammera Ericson arrived 7:13pm)
Commission Members Absent: Patricia Jindra
PLEDGE OF ALLEGIANCE
Nawrocki stated when he received the call regarding this special meeting, he went to Parkview Villa's
office at approximately 9:45 am to discuss it with Dana only to find the door was locked and the sign said
they would be open at 9am, he returned to the office after stopping by City Hall to talk to staff about the
meeting. He expressed his concern that the office wasn't open at 9am and that Dana sat on the bids for 3
weeks. Fehst stated he didfollow-up with the engineer to make sure he got the bid specs and would have
the report to staff for this meeting, which he stated he did get that week.
ITEMS FOR CONSIDERATION
8th Floor Apartment Modernization Bids
Lisa Toms stated Dana Welke was out sick today, so she would be presenting the information to the board.
The remodeling will include the same items as the 9thjloor (doors, cabinets, appliances, lighting, shelving,
countertops, etc) and carpetingfor the 8th and 9thjloors. Funding will comefi-om the FY2003 and
FY2004 HUD Capital Fund Program, which must be obligated prior to September 30, 2005 deadline.
Staffrecommends approval of the bidfrom UniCOlp, Inc. in the amount of$79,200.00, which is the same
company used for the 9th jloor modernization.
Nav,irocki asked if there would be painting done and was it neceSSalY to replace the calpet. Toms stated
they are contracting some of the paint out and staff will be doing the rest and the carpets need to be
. +.. I thjl
replaced due to n017nal wear and tear and water leaks j I om t/1e 9 001'.
Motion by Williams, second by Kelzenberg, to Approve the bids and award the contract for Phase 2 of
Parkview Villa North Apartment Modernization Project to UniCorp for an amount not to exceed
$79,200.00. All ayes. Motion Carried.
Ecklund, Jr. asked if the medicine cabinets would be replaced and the water leaks on the 9thjloor fixed
prior to doing any work on the 8th jloor. Toms stated she did not lmow if the medicine cabinets would be
replaced, but would check into it and that the water leaks should be fixed first.
8th Floor Appliance Purchase
Toms stated Greg Oppegard with Walker Services obtained the bids for the appliances, using Walkers
buying power and recommends approval of the bidfrom All, Inc. in the amount of$9,007.00 for
refrigerators, ranges, range cords, ducted range hoods, backs plashes, brackets, removal of old
appliances, delivelY and labor.
Ericson stated we could save $240 by using thefi-ee appliance pick up service through the City garbage
service. Toms stated she wasn't aware of that option and could certainly check into it.
Motion by Williams, second by Kelzenberg, to Approve the bid from All, Inc. for the 8th floor appliances
in an amount not to exceed $9,007.00, minus $240 for removal of old appliances, ifthe City garbage
service can remove them for free. All ayes. Motion Carried.
P.25
Housing & Redevelopment Authority Minutes
March 7, 2005 Special Meeting
Page 2 of2
Carpet Bids
Toms stated this motion is to approve bids for carpet replacement in the Ft floor common areas at
Parkview Villa and the office area due to roof leaks last spring, usingfunds left over from the 2003
Capital Improvement funds.
Motion by Williams, second by Kelzenberg, to Approve the bid from Jerry's Floor Store to complete the
15t floor carpet replacement. All ayes. Motion Carried.
Resolution 2005-02. Manal!ement Assessment for Public Housin2 Al!encies
Streetar stated this is an annual HUD document the board has to approve by resolution, and is
transmitted electronically through the REAC system. The MASS report includes the vacancy rate, unit
turn around time, modernization, rent collected, work orders, annual inspection of units, financial
management, resident services and Community building and security.
Motion by Ericson, second by Williams, to Adopt Resolution 2005-02, a Resolution of the Columbia
Heights Housing & Redevelopment AuthOlity confmning approval of the Management Assessment for
Public Housing Certification for 2005; and furthermore, to direct the Executive Director to forward same
to the U.S. Depmiment of Housing and Urban Development. All ayes. Motion Carried.
Other Business
Nawrocki expressed his concerns about the management at Park:view. He found out last weekend that Pat
and Rueben Baker, the caretakers at Parkview resigned, felt it was due to a continued problem with
management and stated he would be in favor of discontinuing management by Walker. He stated he was
expressing his opinion and would like the board to think about it.
Ecklund, Jr. stated he has talked to Toms about schooling to help Dana deal with these problems, which
she has attended, but he hasn't seen any improvement. Williams asked Ecklund ifhe has discussed this
with the Residents Council. Ecklund, Jr. stated he has.
Toms stated Joe Goodman is moving out of Parkview, stated he wasn't moving because of Dana, but that
his kids bought him and his wife a townhouse next to Parkview, and that he would still like to work part
time for Walker. This was agreed upon by Walker staff already to keep him and have tried the pager to
make sure it works at his new home, which it does.
ADJOURNMENT
Motion by Williams, second by Ec1dund, JI. to adjourn the meeting at 7:29 pm. All ayes. Motion
Carried.
Respectfully submitted,
Cheryl Baldcen
Recording Secretary
H:\HRAMinutes 2005\3-7-2005 Special
P.26
THE MINUTES OF THE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, APRIL 21,2005
t~ ~+ A-ppf':uV-etV
~ tei--.
5A).d
The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson.
ROLL CALL: Commission IvIembers:
Dennis Stroik, Dan Swee, Dave Mahoney, and Reuben
Ruen.
Excused Members:
Bob Buboltz, attending Charter Commission meeting
Ken Henke and Brad Peterson
Council Representative:
Bruce Nawrocki
City Representatives:
Jean Kuehn
Comcast Representative:
Kathi Donnelly-Cohen
APPROVAL OF MINUTES
Motion by Reuben, second by Dave, to approve the minutes fi'om the meeting of January 20, 2005. All
ayes.
OLD BUSINESS
A. Channel Check
Everything checked out fine. Dennis reported that occasionally he is getting some horizontal lines
moving through his TV screens at home. He is going to check it out further and call Kathi ifhe
needs to schedule a service call.
B. Correspondence Log and Follow Up on Complaints
Mr. Modzin and Ms. Angela Klesk of 1316 43rd Ave submitted a complaint regarding overcharges
to their account when they made some service changes. The account was credited and the problem
was resolved.
A resident from 325 Summit St called to report an aerial cable drop that came loose and was
laying on the ground. The cable was removed.
Mr. Richard Lipa of 1220 Lincoln Terrace called to complain that HBO, Showtime, and other Pay
per View channels are only offered on digital service, and that he had poor reception on Channels
4 & 5. His reception problems were cleared up when a bad splitter was replaced.
Ms. Tammi Ericson Diehm of 5125 St. Moritz Dr called to complain about her inability to have
Universal Service hooked up in her new home in a timely manner. She felt that the service techs
sent out to do the connection were not very knowledgeable, and after several visits were still
unable to provide the service as promoted by Comcast and the City.
Kathi explained that the contracted service tech was not familiar with Universal Service and how
to hook it up. She ~a.id Tammi's antenna thatp. 2 ~hrough the attic also needed to be hooked up so
she could get local channels. The training issue IS being addressed by Comcast.
TELECOMMUNICATIONS COMMISSION MINUTES
MEETING OF APRIL 21,2005
PAGE 2
C. Universal Service
The discussion continued regarding the Universal Service Issue that was brought about by Ms.
Ericson-Diehm's complaint. Jean Kuehn showed Kathi the insert that is being included in the
utility bills regarding Universal Service. Kathi Donnelley-Cohen explained that Universal
Service can be provided to one TV at no charge ifit is a standard installation within 250 feet.
If it is a custom installation that requires wires to be run through walls, etc., then there is an
installation charge. She also stated there is a $5.00 fee for a converter box per month, ifit is
needed. She reminded the members that subscribers to this service do not generate any
franchise fees for the city. She also said that Comcast is not sure how many actual Universal
Subscribers there really are since many times people disconnect the service or move, and since
no fee is charged, they have no way of tracking how many really use it.
Bruce Nawrocki stated the intent was to provide a service to people whereby they could be
informed on decisions made by local governing bodies, not to collect revenue. He questioned
whether the service is any different than when Meredith had the system. She stated it was the
same and that only those systems that used to have Meredith have this service as it was a
negotiated item ofthat contract. He further stated the larger concern is employees or
contracted employees who aren't trained and are unable to provide the service as promised.
Kathi Donnelley-Cohen informed the members that a new position has been added to
Comcast's staffto address issues such as this. The Area Director of Fulfillment will ensure all
employees and contracted employees are trained and that this situation has already been
forwarded to her.
Bruce then questioned Kathi on whether background checks are done on their employees and
the contracted employees. He was questioning the allegation of a contracted employee who
possibly assaulted 'a customer. Kathi responded that while this is still under investigation, the
employee is on leave. Background checks are done prior to hiring an individual, 'as well as
sporadic checks while employed, and nothing was found on this individual. She also said the
companies they contract with also follow these stringent rules. ID badges are a requirement for
all individuals and contracted companies are fined heavily if these procedures are not followed.
The commission members suggested putting a notice on the statements or to insert a: bill stuffer
that tells subscribers that all workers should have ID and if it is not visible, ask for one in all
instances. Reuben told Kathi that about a month ago, he was contacted by a Comcast
employee on his apartment security phone about 7 pm, and was told that he would be doing
some work in the building and checking out some of the wiring. After questioning the
employee, Reuben found that it was only a pretense to get in and sell cable service. Dennis has
reported this to Kathi in the past also. She stated that each time this is reported it is traced
back to the same sub-contracting compan)P.28~ will check out Reuben's complaint.,
,/
TELECOMMUNICATION COMMISSION MINUTES
APRIL 21,2005
PAGE 3
D. Other Old Business
No other old business.
NEW BUSINESS
A. Franchise Fee for 4th Quarter 2004
We received the 4th Quarter franchise fee payment and a copy was enclosed in the agenda
packets.
B. 2004 Annual report
A copy ofthe 2004 Annual Report was enclosed in the agenda packets. The Commissioners
discussed a few items in the report.
Our current franchise expires November 9,2006.
Motion by Dan Swee, seconded by Dennis Stroik, to accept the 2004 Annual Report. All Ayes.
MOTION PASSED.
C. Other New Business
*Dan Swee raised another problem with Universal Service hookup. That being, even if a
subscriber to Universal Service uses an AB switch there will still be problems getting the UHF
channels such as 23, 29, and 45. On a cable ready TV, depending on whether it is set up to run
programming through an antenna or through cable, the local stations of2, 4, 5, 9, and 11 may
work. And switching the AB switch would allow the public access channels to be viewed.
However the UHF channels would only work if the set up through the TV's menu is changed
each time to pick up the UHF frequency. This will cause confusion for many subscribers and
will probably generate complaints. Kathi said this service was set up 10 years ago and
technology and TV's have changed a lot since then. She will bring this up to her technical
staff to see how this should be addressed with the consumer.
*Dan asked whether Outdoor Life was being taken out ofthe Analog line-up. He said he read
it in the paper recently that it was, but Kathi was unaware of it.
*Dan stated that he thought the commission and the technical knowledge the members possess
were under-utilized. He felt several issues should have been brought before the body for input,
such as the Police Communications System, the pros and cons of a Wireless Broadband
System similar to Chaska's, and some ofthe equipment used to broadcast programming on the
Public Access Channels. Jean Kuehn said she would pass that statement along to the City
Manager, but explained our IS staff is very knowledgeable and therefore, his expertise is relied
on by management and staff.
*Bruce Nawrocki invited the other members to attend the Southern Anoka County Consortium
meeting on May 4 where the person from Chaska who was instrumental in setting up their
Wireless Broadband System will be the gp.2 9,peaker.
TELECOMMUNICATION COMMISSION MINUTES
APRIL 21, 2005
PAGE 4
REPORTS
A.
Report of Commissioners
Education-Nothing to report
Library-Nothing to report
Public-Nothing to report
Government-Nothing to report
B.
Report of Com cast-
The reports for Jan.-March 2005 were reviewed. Kathi told members that programming on
one ofthe charinels on the Latino Tier will be replaced with another Latino based option.
C. Report of City Staff
Nothing further to report.
Motion by Brad, seconded by Dennis, to adjourn the meeting at 8:30 pm. All ayes.
Respectfully submitted,
Shelley Hanson
Secretary
P.30
~ A 'le-
COLUMBIA HEIGHTS CHARTER COMMISSION
MINUTES
APRIL 21, 2005
7:00 P.M.
MURZYN HALL
CALL TO ORDER
The meeting was called to order by Vice President Mike Patiuk at 7:00 p.m.
ROLLCALL
Members present: Bob Buboltz, Barb Gertsema, Mike Hartel, James Johnson, Nancy King (7:05), Kathleen
Korday, Scott Kyseth (7:10), Carolyn Laine, Mike PatilIk, Lori Ritzko, Dan Vogtman (7:05)
Members absent and excused: Nicole Druckrey, Joe Sturdevant, Joseph Sturdevant
Members absent and unexcused: Clara Schmidt
,
Current membership stands at fIfteen members, which is the maximum.
Also present: Carole Blowers, Recording Secretary; Council Liaison Mayor Gary Peterson. The City Attorney
was not present at the meeting (out of town).
APPROVAL OF MINUTES
Motion by Commissioner Hartel, seconded by Commissioner Korday, to approve the minutes as presented for
January 20,2005. Motion passed unanimously.
CORRESPONDENCE
The Recording Secretary reported the following correspondence and events since the January meeting:
. The Charter Commission's 2004 Annual Report was forwarded to the Chief Judge and City Clerk.
. Correspondence was sent to the League of lVIN Cities Research Department by the Recording
Secretary to obtain information on cities of like size about wards/districts, including advantages and
disadvantages. When this information was received, it was mailed to commission members and the
City Attorney for their review before tonight's meeting.
. Commissioners Nancy King and Bob Buboltz asked the Chief Judge to reappoint them for another
four years, and her oath of reappointment were forwarded to the Chief Judge.
. Lori Ritzko's application was forwarded to the Chief Judge for consideration of appointment to the
Charter Commission; the Chief Judge appointed her; a welcome packet was prepared for Lori, and
her oath of office was forwarded to the Chief Judge.
. Applications from four citizens were forwarded to the Chief Judge, and Carolyn Laine was
appointed. A welcome packet for Carolyn was prepared as well as her oath of office; her oath of
office was forwarded to the Chief Judge.
. The April Charter Commission agenda was prepared and mailed to members on Aprilli\ 2005.
. The Recording Secretary submitted a response to the City of Plymouth regarding questions they had
on councilmembers being able to also be members of the Charter Commission.
Page 1
April 21, 2005
P.31
. The Recording Secretary gathered copies of all ordinances affecting the city charter since 1999 for a
person who requested this information.
. The Recording Secretary prepared new charter pages to reflect changes of Ordinance No. 1480
passed on January 24, 2005, (second reading) by the City Council and will go into effect on April
24, 2005.
. The Recording Secretary prepared memos to the Mayor/Council, all division heads, etc. to advise of
the charter change and the appropriate page to change in their copy of the city charter.
. The Recording Secretary prepared a memo to all Charter Commission members and the Columbia
Heights school librarians to advise of the charter change and the appropriate page to change in their
copy of the city charter.
STATUS OF MEMBERSmP
The Charter Commission currently is at its maximum membership--15 members. Commissioners Buboltz and
King both have been reappointed to another four year term. Our newest members are Carolyn Laine and Lori
Ritzko. All members briefly introduced themselves and indicated how long they have lived in the community.
New membership rosters were sent out to members in their last agenda packet.
OLD BUSINESS
Discussion of Chapter 2. Section 15, Official Bonds
The proposed change to Chapter 2, Section 15 was passed by the City Council in January of2005 and will
become effective April 24, 2005.
Commission members were given copies of the pages to reflect this charter change for their individual copies of
the city charter.
Discussion of Chapter 3. Section 19. Procedure on Ordinances and Chapter 3. Section 22. Signing and
Publication of Ordinances and Resolutions
In January, the City Attorney reiterated that these sections of the city charter were recently discussed at the time
the refinancing of the existing bonds for Parkview Villa was being discussed. Our Financial Consultant, Mark
Ruff, from Ehlers and Associates, had commented on the long period of time (30 days) for an ordinance to take
effect. In this particular instance, the city could lose out on some great interest rates for the refinancing of the
existing bonds because of the 30-day wait period. So, there has been discussion not to shorten the length of
time an ordinance takes affect for all ordinances, but only if it is pertaining to "refinancing" of current bonds,
which would greatly streamline this process.
Per request of the Charter Commission members in October, the City Attorney put together some new language
stated below. He stated that after reviewing this issue and the city charter, he feels that this change could be
addressed simply by adding a sentence in the last paragraph of Chapter 7. Section 72 of the city charter.
The Charter Commission passed on their first reading in January of2005, that the last paragraph of Chapter 7,
Section 72 should read as follows:
Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the
issuance of the bonds by ordinance. However. bonds to be sold for the refinancing of any
existing bonds shall be authorized by four fifths vote of the council by resolution.
Following its passage, the ordinance shall be published at least once by publication in a
Page 2
April 21, 2005
P.32
legal newspaper having general circulation in the city. The registered voters of the city
shall have thirty days from the date of publication to initiate a referendum on the ordinance
authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its
publication, and the thirty-day period, the bond sale shall occur within sixty days. During
said sixty day period, the City Manager shall have the authority to establish a special
meeting upon at least seventy-two (72) hours advance notice to each member of the
council. At that special meeting, the City Manager is authorized to receive the actual bide s)
or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be
approved by a resolution passed by a four-fifths vote of the council.
Commissioner V ogtman stated he didn't think the charter should make it too easy for the Council on the issue
of bonding, and the council should use due diligence. Bond rates can fluctuate (go higher or lower), but he
didn't feel they would fluctuate that quickly. He suggested changing the waiting period to 10-15 days instead
of changing the whole process or method.
Some felt we should do something on this issue before the next bonding event may arise, so that the city could
take advantage of possible savings. Commissioner Korday views the stock market as more volatile than the
bond market. She wondered what other cities have in their charters about this issue. She also wondered if there
should be a certain percentage to consider before doing a refmance, and stated that more research needs to be
done.
President Sturdevant did not present this item to the City Council at a work session in February as suggested at
our January meeting, but instead wanted to wait and let the Charter Commission hold its second reading tonight.
The Recording Secretary will contact the Research Department at the League of Minnesota Cities to learn how
other cities handle this subject, and to obtain any further information they may have regarding this issue.
Mayor Peterson felt we should ask our fmancial advisors. (Mark Ruff from Ehlers and Associates), if it has been
an issue the way the city charter currently reads. After further discussion, it was the consensus of members
present to invite our city's financial consultant to come to our next Charter Commission meeting to discuss this
issue further. .
Motion was made by Commissioner V ogtman, seconded by Commissioner Johnson, to table the second reading
on this proposed charter change until we have more information. Motion passed 6-5-4 absent-O.
NEW BUSINESS
Upcoming 2005 Community Prayer Breakfast
Mayor Gary Peterson invited all commission members to attend the 2005 Community Prayer Breakfast which
will be held on May 11,2005, at 7 a.m. at Murzyn Hall. The guest speaker is Andrew Wyatt, and musical
selections will be provided by Youth Encounter. Tickets are $20 and are available at City Hall, Bobby &
Steve's Autoworld, and from the Mayor.
Discussion on Topic of Wards /Districts in the City
In January, the Recording Secretary was asked to contact the League of Minnesota Cities for any research they
had on this issue, including pros and cons and size of cities that do have wards/districts. All commission
members received this packet of information prior to tonight's meeting for their review.
Page 3
April 21, 2005
P.33
Different ideas, such as having some representation at large and some from districts, were discussed. There are
definite advantages and disadvantages to having the city divided into wards or districts. Some major
advantages were cited, such as campaigns could be more focused and less costly, therefore possibly raising
interest levels for candidates who have limited funds. Being responsible for a certain area and calls/complaints
about that certain area could also be considered an advantage for some to run. It was stated that some citizens
feel they are left out ifthey don't have a councilmember representing them from their area.
The Mayor stated at a recent council meeting a resident suggested we increase the number of people on the city
council and since we are talking about wards/districts, it would probably be a good idea to discuss this idea as
well. Some felt since we are a growing community and first ring suburb, considering more councilmembers
could be a good idea.
Another suggestion was to increase the Mayor's term from two years to four years.
Vice President Patiuk stated he had some questions for the City Attorney regarding this issue, i.e., if there has to
be a specific number of people in each ward, what would determine the boundaries, and questions about the
process itself so we do not invite litigation. The City Attorney could provide more information to the
commission on these questions at our next meeting.
The Mayor stated he would like to see more young people run for council and more people get involved from
our different cultures to reflect our city's diversity.
If the city was equally divided in four districts size-wise, the question was asked what would the population be
in each quadrant. There would have to be a fairly equal number of voting residents in each quadrant. The
Recording Secretary will look at census information and contact the Public Works Department to see if their
GIS system could provide this information for our next meeting.
Charter Commission members were also encouraged to discuss this issue with their neighbors and friends to get
more informal input on this subject before our next meeting.
NEXT MEETING DATE
The next Charter Commission meeting will be July 21,2005, at Murzyn Hall at 7 p.m.
ADJOURNMENT
Motion by Commissioner Hartel, seconded by Commissioner Kordayto adjourn the meeting at 7:58 p.m.
Motion passed unanimously.
Respectfully submitted,
Carole J. Blowers
Recording Secretary
Page 4
April 21, 2005
P.34
~A2- .f
g~TfIESE 1\1ItfuTES
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
MAY 2, 2005
r~J(}!r Ni:lf;l~~C?~lIED ~~
Chairperson Carlson called the meeting to order at 6:00 p.m.
I. ROLL CALL
Members Present:
Anderson
Carlson
Goodman
Stumpf
Sturdevant
Staff Present: Kathy Young, Assistant City Engineer
Tom Johnson, Police Chief
Council Liaison: Bruce Kelzenberg
II. APPROVAL OF APRIL 4, 2005 MINUTES
Motion by Goodman, second by Stumpf, to approve the minutes of April 4, 2005.
All ayes. Motion carried.
III. OLD BUSINESS
A. REQUEST FOR TRAFFIC CONTROL AT 6TH STREET AND 48TH AVENUE
Ms. Natalie McKenney has requested stop signs or other traffic control measures
be installed at the intersection of 6th Street and 48th Avenue. Her concerns are for
the safety of pedestrians in the area, the number of traffic accidents at this
intersection and limited visibility for motorists approaching the intersection.
At the April meeting, the Traffic Commission members called for a Public
Hearing to consider traffic control measures at the intersection of 6th Street and
48th Avenue. The hearing notice was mailed to property owners within 300' of
the intersection and others listed on the attendance sheet at the April meeting.
During the last three years, there have been four reported traffic accidents at this
intersection. The two most recent accidents in 2005 were both failure to yield to
motorist on the right and failure to use caution entering an uncontrolled
intersection. Visibility at the intersection is good.
P.35
Official Proceedings
Columbia Heights Traffic Commission
May 2, 2005
Page 2
The speed and volume survey trailer was set up on four different days. During
this time the trailer counted 1,408 vehicles, of which only four vehicles were
going fast enough to issue a ticket for being over the speed limit. V olume counts
were taken with the trailer during the heaviest traveled part of the day. The 48-
hour counts showed the traffic volume to be typical of a residential street.
Various Traffic Commission members observed traffic movement at this
intersection during the last month and indicated that traffic was going way too
fast. Commissioners agreed that much of the traffic on 6th Street did not proceed
into the intersection with caution. The intersection is at the bottom of a hill both
. the south and north directions. This may influence speed of vehicles entering the
intersection. Staff reviewed MMUTCD standards for stop sign installation. The
requirements for the signs are not met at this intersection.
Ms. McKenney stated she would like to see something added that would help to
control traffic at the intersection. She suggested speed bumps or a yield sign.
Chairperson Carlson stated that speed bumps would not be a solution as they end
up being a liability to the City.
A yield sign could be a possible solution at this intersection. Staff reminded the
residents that any signage can give a false sense of security and there is still a
need for pedestrians to watch out.
Leon McCormick of 4755 5th St. N.E. added that there definitely needed to be
some type of signage and traffic does need to slow down. A yield sign could be
of help at this intersection.
Motion by Sturdevant, second by Anderson, to install a yield sign north and
southbound on 6th Street at 48th Avenue. Roll Call vote: Anderson-aye,
Sturedevant-aye, Carlson-aye, Stumpf-aye, Goodman-aye. Motion carried
unanimously.
Commissioner Carlson indicated that this request would be going to the City
Council at their meeting of May 9, 2005.
IV. OTHER OLD BUSINESS
None.
P.36
Official Proceedings
Columbia Heights Traffic Commission
May 2, 2005
Page 3
V. NEW BUSINESS
None.
VI. OTHER NEW BUSINESS
None.
VII. REPORTS
A. CITY ENGINEER
None.
B. POLICE CHIEF
Chief Johnson mentioned a fatality that occurred on Reservoir Blvd. The motorist
had medical problems and the tragedy was a result of a diabetic condition.
Chief Johnson also gave information regarding a previous high speed pursuit from
Fridley into Columbia Heights and updated the Commission on the pursuit route
and other pertinent information that he was able to share.
C. COMJvlISSIONERS
Commissioner Stumpf asked if a Police Officer had met with the residents at 3929
Johnson Street and the owner of the truck to mediate the parking problem.
Officer Nightingale responded that it was all taken care of with positive results.
Commissioner Goodman asked ifMnlDOT contacted the City about the left turn
on green without an arrow on Central Avenue. Staff indicated that Mn/DOT had
contacted the Public Warks Director about 40th and 41 st Avenues. Installation at
the other intersections was not planned at that time.
P.37
Official Proceedings
Columbia Heights Traffic Commission
May 2, 2005
Page 4
VIII. ADJOURNMENT
Motion by Goodman, second by Stumpf, to adjourn the meeting at 6:55 p.m.
Q::g~
Joanne Baker
Traffic Commission Secretary
P.38
PLANNING & ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
MAY 3,2005
7:00 PM
~~C) -\=- A--r pro Vc~
lj et- '
~ 1\2.5
The meeting was called to order at 7:00 pm. by Donna Schmitt.
Roll Call:
Present: Schmitt, Peterson, Fiorendino & Thompson
Excused Member: Szurek
Also present were Pat Smith (CitY Planner), and Shelley Hanson (Secretary).
A motion was made by Fiorendino, seconded by Peterson, to approve the minutes from April 5,
2005 as written. All Ayes. MOTION PASSED.
PUBLIC HEARINGS
None
NEW BUSINESS
Planner Smith explained this is the last training session he will be holding. So, he again .
reviewed the Roles and Responsibilities of the Commission. He then proceeded with training on
Variances, Non-Conforming Uses and Lots, Bulk Requirements, and Subdivision Regulations.
Variances- A variance is a minor exception to the zoning regulations that, if granted by the City
Council, allows an applicant to do what could not otherwise be legally done.
Variances are a quasi -judicial decision. The variance process is treated somewhat like a regular
trial in court, therefore, there are strict rules on how a variance procedure is conducted. There
are four procedural rules that must be followed:
1. The Zoning Ordinance lists five "finds of fact" that must be met in order to grant the
variance (Section 9.407).
2. The burden is on the applicant to show why the application meets the standards for
variances.
3. Regardless ofthe opinions of peopie present at the variance public hearing, the
attention of decision makers must remain focused on the standards governing
variances and upon the testimony as it relates to those standards.
4. Variances require a public hearing to be held by the Planning Commission, which
recommends approval or denial to the City Council. A notice is place in the Sun
Focus 10 days in advance ofthe hearing and notices are sent to property owners
within 350 feet of the subject property.
Planner Smith then reviewed some ofthe State law requirements regarding variance requests:
. Variances may be granted from the Zoning Ordinance if enforcement would cause
undue hardship to the property owner.
. "Undue hardship" means:
P.39
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
MAY 3, 2005
,
1. The property in question cannot be put to a reasonable use if used under
conditions allowed by the zoning .ordinance.
2. The plight oftlie landowner is due to circumstances unique to the property not
created by the landowner.
3. The variance, if granted, will not alter the essential character of the locality,
and
4. The Economic considerations alone will not constitute an undue hardship if
reasonable use for the property exists under the terms of the ordinance.
· The applicant has a heavier burden to establish the need for a variance than a
conditional use permit because a variance allows something that is otherwise
prohibited by the ordinance.
· Variances from the Ordinance are possible for structures only and cannot be
granted for a use, which is not permitted in the applicable zoning district.
· Like CUP's, variances are attached to the property and not the applicant. It
remains in effect as long as the conditions are met.
· Broad discretion is permitted when denying a request for a variance, but there
must be legally sufficient reasons for the denial.
· An applicant cannot rely on similar variances granted more than a year before.
Schmitt questioned a statement in the Handbook that said members should avoid
contact with a party who is requesting a variance. Smith explained it is better to seek
information through staff than to have direct contact with the individual requesting
the variance. He said it is important to stay neutral in such situations, and not be
influenced by the applicant prior to the meeting.
Smith was asked once a variance is. granted, how long do they have to act on it.
Smith responded that the applicants have one year to act on the variance or it
becomes null and void. And since a variance is on the property, not the owner, if the
property is sold, the new owners would have any remaining time to act on it.
Non-Conformities-Chapter 5 of the Zoning Ordinance regulates non-conformities. Non-
conformities occur when new zoning text or map amendments are adopted and existing uses,
structures or lots do not meet the new regulations. This results in legal non-conforming uses,
structures and lots.
Non Conforming Uses-An example of a non-conforming use is if the City amended the zoning
test in CBD zoning district and prohibited automotive repair uses. Any existing automotive
repair businesses would be considered a legal non-conforming use. Another example is ifthe
City amended the zoning map and changed all R-2 (single and double-family) areas to R-l
(single family). Existjng duplexes would be considered legal non-conforming uses.
PAO
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
MAY 3, 2005
Non-Conforming Lots-An example of a non-conforming lot is if the City changed the minimum
lot size requirement for the R-1 zoning district from 8,400 sq ft to 10,000 sq ft. Any lot less than
10,000 sq. ft in the R-1 zoning dis~ct would be a legal non-conforming lot.
Non-conforming structures-An example of a non-conforming structure is if the City changed the
minimum front yard setback in the R-1 from 25 feet to 30 feet. Every residence that had a front
yard setback less than 30 feet would be considered a legal non-conforming structure.
Non-Conforming Site Improvements- The City ofBurien required a non-conforming site
improvement (including landscaping, parking, signs, design features,. and impervious surface
coverage) to be brought into conformance with the Zoning Ordinance whenever a business
expanded. Columbia Heights does not have such a provision. This provision is usually used for
commercially zoned properties.
City Regulations-Legal non-conforming uses and structures may be continued as they existed
when they became non-conforming. Non-conforming uses may not expand in size or intensity,
and if the use reduces in size, intensity or becomes more conforming in any way, it may not
again be expanded or become less conforming. Minor repairs and maintenance are permitted for
non-conforming uses and structures.
State Law-The City's Zoning Ordinance requires non-conforming uses to become conforming if
the use has been discontinued for six months, and con-conforming uses and structures to become
conforming if they are damaged or destroyed more than 50% of the assessed value.
State Law was recently passed that supercedes the City's Zoning Ordinance. Instead of requiring
non-conforming uses to be brought into conformance after six months of vacancy, State Law
extended that period for a year. Moreover, if a structure is destroyed by more than 50%, State
law gives the property owner six months to apply for a building permit to reconstruct the non-
conforming use or structure.
Amortization-is when a municipality specifies a certain date in which non-conforming uses or
structures must come into compliance with the Zoning Ordinance. He gave examples of other
cities who have done this. A new state law prohibits municipalities to establish or enforce the
amortization of non-conforming uses, except adult-only businesses.
Bulk ReQuirements-This usually relates to the height and bulk requirements for structures on
properties. Smith gave examples of requirements other cities have in their Zoning Ordinances
that are not addressed in ours. We have no height requirements of buildings in our CBD District-
we have no maximum amount of impervious surface allowed, nor do we have any requirements
for the amount of green space for properties. There also is no minimum lot size required in the
CBD District. And front yard setbacks vary from district to district. He feels these are all items
that need to be addressed when the Zoning Ordinance is updated as they allow for inconsistent
development throughout the City. P.4 1
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
MAY 3, 2005
Subdivision Regulations- The regulations for the division of land and provision of public
improvements (storm sewer, water, electricity) are established in the subdivision ordinance. This
ordinance establishes minimum stimdards for lot and street design, storm water drainage, park
dedication, required improvements and other similar items. The regulations of subdivisions, as
with all of planning, are based on the police power of cities to protect the public health, safety,
and welfare.
Preliminary Plat-Preliminary and Final Plats are required for all major residential and
commercial subdivisions. A preliminary plat is a detailed set of maps, showing: lot and street
layout, connection to utilities, location of natural features and topography, and the location of
nearby parks and recreational facilities. The preliminary plat is reviewed by the Planning
Commission for evaluation of its compliance with subdivisions regulations. The Planning
Commission makes the final decision on building and site plane reviews. Public hearings are not
required. Staffhas 15 days to review the documents to see ifthey are complete. Once all the
information is received, the Commission has 120 days in which to review and act on the Plat.
The Commission certifies that development proposals meet the standard of the zoning district
such as parking, traffic, landscaping, architecture, and building materials, pedestrian pathways,
etc. In addition, the commission reviews any impacts the developments may have on .
topographical features and adjacent properties. The City's Design Guidelines allows
considerable discretion to be exercised by the Planning Commission.
Section 9.413 of the Zoning Ordinance lists four findings that the Planning Commission must
make in order to approve a building and site plan:
1. The site plan. conforms to all applicable requirements of this Ordinance.
2. The site plan. is consistent with the applicable provisions ofthe City's Comp Plan.
3. The site plan. is consistent with any applicable area plan.
4. The site plan. minimizes any adverse impacts on property in the immediate vicinity and
the public right of way.
Thompson asked about how subdivision covenants affect decisions made by the Planning &
Zoning Commission. Smith told the members that this month's Planning Journal had an article
regarding homeowner's associations and their regulations versus City Zoning Ordinances. Since
a large percentage of homes being built are now under some type of association, this has become
an issue to be aware of. However, most the association regulations are usually equal to or
greater than those ofthe City.
P.42
PLANNING & ZONING COMM~SSION MINUTES
PAGE 5
MAY 3, 2005
OTHER BUSINESS
Planner Smith gave a Planning Update to the members. He reported that Ryland Homes, a
National Development Co. has signed a development agreement with Shaffer-Richardson to
develop 75% ofthe Industrial area into Townhouses. Shaffer-Richardson will develop the
remainder of the site. They hope to bring in the Preliminary and Final Plats and the Building and
Site Plan Reviews for the June meeting.
Smith told members about the Model Unit now open at Grand Central Lofts. He said the 2nd
phase for Grand Central Lofts will be brought to the Commission at the June meeting also.
Advanced Auto Products will be submitting a Building and Site Plan Review to the June meeting
for their new building at the Mr. Steak site.
A Downtown Planning meeting will be held for business owners on Monday, May 16, 2005 at
11 :30 am at the Library. Any members who wish to attend should contact our office to confirm.
A second meeting will be held for all residents on May 19th at 6:30 pm at the Library. The goal
is to get ideas of what people like and dislike about the downtown area in writing, so as
developers come forward, there is some concrete ideas to work with. Once the plan is
established, it will be brought before the Planning and Zoning Commission.
And the last thing Smith shared with the Commission was his resignation to take a new position
with the City of Richfield as their Community Development Manager. He is excited to take on
the challenge of this new position as Richfield is undergoing a lot ofre-development similar to
Columbia Heights. He begins his new position the middle of May. The Commission members
wished him well in his new endeavor. .
Motion by Peterson, second by Fiorendino, to adjourn the meeting at 8:30 pm.
Respectfully submitted,
Shelley Hanson
Secretary
P.43
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: May 9, 2005
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: Establish Work Session Meeting BY: Walt F ehst BY:
Date for Tuesday, May 17,
2005 DATE: May 5, 2005 DATE:
NO:
It is recommended that a Work Session meeting be scheduled for Tuesday, May 17,2005
beginning at 7:00 p.m. in Conference Room 1.
RECOMMENDED MOTION:
MOTION: Move to establish a Work Session meeting date for Tuesday, May 17,2005 beginning at
7:00 p.m. in Conference Room 1.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 5/9/05
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: S;AL{ PUBLIC WORKS V~
BY, K.Hansen~ t.,
ITEM: RESOLUTION ACCEPTING BIDS AND BY: '?'~r.4" ~.
AWARDING A CONTRACT FOR CITY PROJECT #0500: DATE: 5/3/05 / DATE: I;
2005 MISCELLANEOUS CONCRETE REPAIRS AND
INST ALLA nONS
./
Background:
On March 14,2005 City Council authorized staff to seek bids for the Miscellaneous Concrete Repair Program to replace/install
concrete throughout the City. Plans and specifications were advertised for bids in the Focus on April 7,2005 and Construction
Bulletin on April 8 and April 22, 2005. Six contractors requested copies of the bidding documents. Five bids were received and
publicly read aloud at the May 3, 2005 bid opening. A copy of the bid opening minutes is attached.
Analysis/C on cl usio ns:
The low bid was submitted by Quality Restoration of Little Canada, Minnesota, in the amount 'of $16,836.00. The unit prices are
consistent with the Engineer's Estimate and increased an average of 3-5% over the 2004 program unit prices.
Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter,
sidewalk and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the
Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as
special assessments for curb and gutter replacement in seal coat areas.
Recommended Motion: Move to waive the reading of Resolution No. 2005-23, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2005-23, accepting bids and awarding the 2005
Miscellaneous Concrete Repairs and Installations, Municipal Project #0500, to Quality Restoration of Little Canada, Minnesota,
based upon their low, qualified, responsible total bid in the amount of$16,836.00 with funds to be appropriated from Fund 401-
50400-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
KH:jb
Attachment:
Bid Opening Minutes
Resolution
COUNCIL ACTION:
P.45
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Tuesday, May 3,2005
2005 Miscellaneous Concrete Repairs and Installation
Pursuant to an advertisement for bids for Miscellaneous Concrete Repair and Installation, an
administrative meeting was held on May 3,2005 at 10:00 a.m. for the purpose of bid opening.
Bids were opened and read aloud.
Attending the meeting were:
Kevin Seipel, Quality Restoration
Kevin Hansen, Public Works Director/City Engineer
Joanne Baker, Public Works Secretary
Bids were opened and read aloud as follows:
Bidder
TOTAL
Quality Restoration
Ron Kassa Construction
BCG
Bailey Construction
Gunderson Bros.
$16,836.00
$17,123.00
$22,143.50
$27,238.00
$45,384.00
Q::td~
Joanne Baker
Public Works Secretary
jb
P.46
RESOLUTION NO. 2005-23
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
2005 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS,
CITY PROJECT No. 0500
TO RON KASSA CONSTRUCTION
WHEREAS, pursuant to an advertisement for bids for City Project No. 0500, Miscellaneous
Concrete Repairs and Installations, bids were received, opened and tabulated according to law.
The following bids were received complying with the advertisement:
Bidder
TOTAL
Quality Restoration Services Inc.
Ron Kassa Construction
BCG
Bailey Construction
Gunderson Brothers
$16,836.00
$17,123.00
$22,143.00
$22,238.00
$45,384.00
WHEREAS, it appears that Quality Restoration Services, Inc., 3066 Spruce Street, Little
Canada, MN 55117 is the lowest responsible bidder.
NOW THEREFORE BE IT RESOL YED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with
Quality Restoration Services, Inc. in the name of the City of Columbia Heights, for the
2005 Miscellaneous Concrete Repairs and Installations, City Project No. 0500,
according to plans and specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been signed.
3. City Project #0500 shall be funded with State Aid Maintenance Fund, General Fund, Park
Fund, Street Fund, Sewer and Water Fund and PIR funds.
Dated this 9th day of May 2005.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
P.47
CITY COUNCIL LETTER
Meeting of: 5/9/05
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: 1:] A ~ PUBLIC WORKS BY:~~
ITEM: INSTALLATION OF A "YIELD" SIGN FOR BY: K.H,,"~
NORTH AND SOUTH BOUND TRAFFIC ON 6TH DATE 5/3/05 DATE: _:js-) _
STREET AT 48TH AVENUE -3 :.s- tJ >
/-
Background:
A resident request has been made for a stop sign or other traffic control measure to be installed at the intersection of 6th Street and
4Sth Avenue. The concern was for the safety of pedestrians in the area, the number of traffic accidents at this intersection and
limited visibility for motorists approaching the intersection.
At the April meeting, Traffic Commission members called for a Public Hearing to consider traffic control measures at the
intersection of 6th Street and 4Sth Avenue. A copy of the hearing notice was mailed to property owners within 300' of the
intersection and others listed on the attendance sheet at the April meeting.
Analysis/Co n clusio ns:
The area does not meet the MMUTCD requirements for stop sign installation. During the last 3 years, there have been 4 reported
traffic accidents at this intersection. Two of the accidents were in 2005 where failure to yield to person on the right and failure to
use caution entering an uncontrolled intersection were cited.
The speed and volume survey trailer was set up for almost 33 hours over 4 different days. During this time, the trailer counted
1,40S vehicles. Only 4 of those vehicles were going fast enough to issue a ticket for being over the speed limit.
Volume counts taken with the trailer were during the heaviest traveled part of the day. The 4S-hour counts show the traffic volume
to be typical ofa residential street. The volume counts showed an average of 491 vehicles per day on 6th Street and an average of
126 vehicles per day on 4Sth Avenue.
Various Traffic Commission members observed traffic movement at this intersection during the last month. The Commissioners
agreed that much of the traffic on 6th Street did not proceed into the intersection with caution. The intersection is at the bottom of a
hill from both the south and north directions. This may influence speed of vehicles entering the intersection.
Recommended Motion: Move to recommend the City Council authorize installation of a yield sign for north and south bound
traffic on 6th Street at 48th A venue based on a recommendation of the Traffic Commission.
COUNCIL ACTION:
P.48
CITY COUNCIL LETTER
Meeting of: May 9, 2005
- AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER
NO: SAlo FIRE DEPARTMENT APPROVAL
ITEM: APPROVING HOTEL AND SCHOOL BY: GARY GORMAN ByilJ!ttI
INSPECTION CONTRACTS
NO: DATE:
The Fire Marshal Division of the Department of Public Safety, pursuant to State Statute, provide for the
inspections of certain types of properties and occupancies. The MN State Fire Marshal may contract with
municipalities to conduct these inspections. Two of these occupancies are Hotels and Public Schools.
The Columbia Heights Fire Department has conducted School inspections for many years. The last three
years have been under a contract signed in 2002, which expired December 31, 2004. The Columbia
Heights Fire Department has not conducted Hotel inspections since 1991.
State Statute does allow for the collection of fees for these inspections. Fees are not included with this
motion and will be adopted by Resolution.
The proposed motion would allow the Columbia Heights Fire Department to enter into contracts with the
State Fire Marshal Division of the MN Department of Public Safety to conduct Hotel inspections and
Public School inspections under the terms of the contracts.
RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2005-22, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to allow the Columbia Heights Fire Department to enter into contracts
with the State Fire Marshal Division of the Department of Public Safety to conduct inspections of all Hotels
and Public Schools within our jurisdiction
CITY COUNCIL ACTION:
P.49
RESOLUTION NO. 2005-22
BEING A RESOLUTION AUTHORIZING THE COLUMBIA HEIGHTS
FIRE DEPARTMENT TO ENTER INTO CONTRACTS TO CONDUCT
HOTEL AND PUBLIC SCHOOL INSPECTIONS
WHEREAS, the State Fire Marshal Division of the Minnesota Depmiment of Public Safety
has the responsibility to conduct fire inspections of all hotels and public schools per State Statute
299F.Oll.
WHEREAS, the State Fire Marshals Division may contract with local jurisdictions to
conduct these inspections.
WHEREAS, the Columbia Heights Fire Depmiment has contracted with the State Fire
Marshal's office in the past to conduct hotel and public school inspections within our jurisdiction.
THEREFORE, BE IT RESOLVED, the Columbia Heights Fire Depmiment may enter into
contracts with the State Fire Marshal Division of the Minnesota Department of Public Safety to
conduct fire inspections of all hotels and public schools within our jurisdiction in accordance with
standards stated in the contracts.
Passed this _ day of _ 2005
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.50
.t',"-
(
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DMSION
.444 CEDAR STREET - SIDTE 145
ST. PAUL, MINNESOTA 55101-5145
HOTEL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the City of Columbia Heights, Fire Department, Minnesota (Contractor), address 555
Mill St NE, Columbia Heights, Minnesota 55421 .
WHEREAS, the State, pursuant to Minnesota Statutes: Section 299F.46, Subdivision 2, is empowered to enter mto
an agreement with any ~ounty, two or more contiguous counties, or city or other municipality to perform fIre code
inspections for hotels, afld
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of the city's
ffre "departrnenfwill .conduct all hotel inspections within their jurisdiction. TCI Ensure 'UDif6:ri:ill'1jof emorcement -
throughout the state, these mspections will be conducted m accordance with M.S. 299F.46, Subdivision 1, and
WHEREAS, CONTRACTOR represents that it is duly qualifIed and willing to perform the services set forth herem,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All hotels within jurisdiction will be mspected by Contractor at least once every three (3) years.
2. All hotels within the Contractor's jurisdiction will be inspected in accordance with the
requirements of the Minnesota State Fire Code (MSFC) and enforced in accordance with the
adririnistrative policies ofthe State Fire Marshal.
3. All inspectors employed for the purpose of this agreement to successfully complete the State Fire
Marshal's Fire Code Up-Date Training and be knowledgeable in all State Fire Code
requirements for hotels.
(State Fire Marshal Division will provide the necessmy training for city fire department personnel
contracting to conduct these inspections.)
4. Copies of all mspection reports to be submitted to the State Fire Marshal within 30 days.
5. All variances to the fire code orders must be approved by the State Fire Marshal.
6. C'ancellation: This contract may be cancelled by the State, or Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shall be effective January 1, 2005, or upon the date that the fInal required
signature is obtained by ,the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs
later, and shall remam in effect until June 30, 2008, or until all obligations set forth in this contract have
been satisfactorily fulffiled, whichever occurs flISt.
P.51
./
8. State's Authorized Agent: The State's authorized agent for the purpose of administration of this contract is
Patrick Sheehan, Bureau Chief - Inspections, or his successor in office, - State Fire Marshal Division. (Such
agent shall have final authority for acceptance of Contractor's services and if such services are accepted as
satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract
without the prior written consent of the State.
10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the
results thereof. The Contractor's and State's liability shall be governed by the provisions of the Minnesota
Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law.
11. State Audits. Under Minn. Stat. S I6C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this contract are subject to examination by the State
and/or the State Auditor 'Of Legislative Auditor, as appropriate, for a minimum of six years from the end
of this contract.
12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. StaJ. Ch. 13, as it applies to all data provided by the State under this contract, and as
,)tflPpli~~,,19iJ!lkdataJ::reat~~l.;collected,:r:.eceived, stored, used, maintained, or disseminated"bythe~~.'-,;' 'C -'-
Contractor under this contract. The civil remedies of Minn. Stat. !? 13.08 apply to the release of the data
referred to in this clause by either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requesting party before the data is released.
13 . Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s) have
executed the contract on behalf of the Contractor as required
by applicable articles, bylaws, resolutions, or ordinances)
COMMISSIONER OF ADMINISTRATION:
(with delegated authority)
BY:
DATE:
BY:
TITLE:
DATE:
NO ENCUMBRANCE:
(Authorized Sigoature)
BY:
BY:
DATE:
TITLE:
DATE:
STATE AGENCY OR DEPARTMENT:
(with delegated authority)
BY:
TITLE:
DATE:
P.52
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET - SUITE 145
ST. PAUL, MINNESOTA 55101-5145
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety - State Fire
Marshal Division ("State") and the City of Columbia Heights, Fire Department address 555 Mill Street
Northeast, Columbia Heights, Minnesota 55421 ("Contractor").
WHEREAS, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect once every
three years every public school facility used for educational purposes, and.
WHEREAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to engage such assistance as
deemed necessary, and
WHEREAS, the Fire Chief of the above named fIre department, does hereby agree that a representative of the city's
fIre department will conduct all public school fIre inspections within their jurisdiction. To ensure uniformity of
enforcement throughout the state, these inspections will be conducted in accordance with standards stated in this
contract, and .
WHEREAS, the Contractor represents that it is duly qualifIed and willing to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within its jurisdiction will be inspected by the
Contractor at least once every three (3) years.
2. All public schools within Contractor's jurisdiction will be inspected in accordance with the requirements of the
Minnesota State Fire Code (MSFCY and enforced in accordance with the administrative policies of the State Fire
Marshal Division.
3. The State Fire Marshal Division will provide the necessary training for city fIre department personnel contracting
to conduct these inspections. The training will include one 6 hour initial training session during the contract period,
..<g1~Lfue.:qQne free r~gistrqtionfor .the Contractor in the Minnesota State Fire Code update (i.e. new :6.recode}.class
given approximately once every 3 years.
4. Copies of inspection reports completed by the Contractor will be fIled with the local school board and the State
Fire Marshal Division and must be submitted to these authorities within thirty days following inspection. The
Contractor will report to the State Fire Marshal Division using the computerized inspection reporting software
provided to the Contractor by the State Fire Marshal Division.
5. All variances to fIre code orders must be approved by the State Fire Marshal Division.
6. Can~ellation: This contract may be cancelled by the State, or the. Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term or Contract: This contract shall be effective on January 1, 2005, or upon the date that the fInal required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and
shall remain in effect until June 30, 2008, or until all obligations set forth in this contract have been satisfactorily
fulfIlled, whichever occurs fIrst.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is
Patrick Sheehan, Bureau Chief - Inspections, or his successor in office, - State Fire Marshal Division. Such agent
shall have fInal authority for acceptance of the Contractor's services and if such services are accepted as satisfactory.
P.53
(
9. Assignment. The Contractor shall neither assign nor transfer any rights or obligations under this contract without
the prior written consent of the State.
10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the results
thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof.
The Contractor's and State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, Section 3.376; and other applicable law.
11. State Audits. Under Minn. Stat. 9 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this contract are subject to examination by the State and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract.
12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under
this contract. The civil remedies of Minn. Stat. S 13.08 apply to the release ofthe. data referred to in this clause by
either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately
not~fy the ~tate. The State wiJl. give the Contractor instl;1lctions concerning the release of the data to the
requesting party before the data is released.
13.Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s)
have executed the contract on behalf of the
Contractor as required by applicable articles,
bylaws, resolutions, or ordinances)
COMMISSIONER OF ADMINISTRATION:
(with delegated authority)
BY:
DATE:
BY:
NO ENCUMBRANCE:
( authorized signature)
TITLE:
BY:
DATE:
DATE:
BY:
TITLE:
DATE:
STATE AGENCY OR DEPARTMENT: .
(with delegated authority)
BY:
TITLE:
DATE:
P.54
CITY COUNCIL LETTER
Meeting of: May 9,2005
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: ~-AI License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson d'r\ DATE: ~ I'
BY:~
NO: 'v .
DATE: May 6, 2005
BACKGROUND/ANALYSIS
Attached is the business license agenda for the May 9, 2005 City Council 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. This means that the data privacy form has been submitted as required. !fnot submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for May 9,2005 as presented.
COUNCIL ACTION:
P.SS
TO CITY COUNCIL May 9, 2005
*8igned Waiver Form Accompanied Application
2005 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
BLDG
*MJ Arndt Construction
Circle Plumbing
Pro Wall
*Graphic House Inc
8842 Xylite 8t NE, Blaine
3883 Edith Lane, Cir Pines
7990 69th Ave No., Rockford
9204 Packer Dr, Wausau
$60.00
$60.00
$60.00
$60.00
P.56
5A~
CITY OF COLUMBIA HEIGHTS
FLNANCEDEPARTMENT
COUNCIL MEETING OF: .~ q f 2DDS
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out ofthe proper funds, as listed in the attached
check register covering Check Number \ l ~lo 7--0
in the amount of$ -.2k1.D5l.11
~ f .
through J.l'2.18t'J
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
P.57
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CITY COUNCIL LETTER
Meeting of: May 9,2005
AGENDA SECTION: OTHER NEW BUSINESS
NO: 7.A.C.
ITEM: LIQUOR LICENSE APPLICATION
FOR STAR BAR
ORIGINATING DEPT.:
POLICE/LICENSIN
BY: SHELLEY HANSON
TOM JOHNSON
DATE: MAY 6, 2005
CITY MANAGER
APPROVAL
BY: ",//z.?-./~.
M~ /(1/- (
NO:
Attached you will find the application and other items submitted for an On-sale Liquor and Sunday Liquor License for
Mr. Stephen Yang and Associates (prospective new owners) ofthe Star Bar located at 4005 Central Avenue NE. The
application and fees were submitted on April 4th. Also attached is a memo from Thomas Johnson, Police Chief,
regarding the background investigation. Staff is recommending denial of the Liquor License due to reasons cited in
the attached memo.
RECOMMENDED MOTION:
Move to deny the application for an On-Sale Liquor and Sunday Liquor License for Mr. Stephen Yang and Associates
dba Star Bar.
COUNCIL ACTION:
P.65
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
Ms. Shelley Hanson, License/Permit Clerk
Thomas M. Johnson, Chief OfPolicednt
On Sale Liquor License and Sunday Liquor Sales License Application
of Stephen and Mai Yang for Star Central Bar, Grill, and Nightclub
FROM:
SUBJECT:
DATE:
May 5, 2005
The Columbia Heights Police Department has completed a background investigation of Mr. Stephen
Yang and Associates d.b.a. Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota.
Mr. Yang has applied for a liquor license and Sunday sales license.
The Department has checked the criminal history of Mr. Yang and with law enforcement agencies in
the jurisdictions where he and his wife have resided and our local records for the past year. We find
nothing in his criminal history that would preclude Mr. Yang and/or his associates from obtaining an
on sale liquor license. Mr. Yang and his wife do have driving records that include moving violations
for Mr. Yang in 2002, 2003, and 2004. Mrs. Yang has three moving violations-all in 2000.
I have contacted each of the listed reference for Mr. and Mrs. Yang and they all speak very highly of
the Yangs and feel they would do a good job in running this business. One ofthe references was
surprised when I told him the type of business in which the Yangs were investing.
On April 29, 2005, at 10:30 a.m., Investigator Joe Sturdevant and I interviewed Mr. and Mrs. Yang
at the Columbia Heights Police Department. I asked a series of questions of Mr. and Mrs. Yang.
First, I asked if they had a purchase agreement for Star Central and they stated they did. They later
faxed a copy of the purchase agreement, which is attached to this report. I then asked if they had a
business plan that included how security would be handled at the bar. They stated they did not have
a plan, but they would put one together and forward it to me. At this time, I have still not received
the business plan. I asked if there were any other partners in this purchase and they advised me that
no, there were not. I then asked if they were going to employ a person by the name of Paul Xiong to
manage this business. Both Mr. and Mrs. Yang stated they did not know a Paul Xiong, at which time
I spelled Mr. Xiong's last name and advised them that he was the former owner of the Palace Bar in
the City of Hilltop. They again stated they did not know this party and that they were going to hire
Ken Kautz, the current Star Bar manager, to manage their club. I then went over the past issues that
we have dealt with at the Star Bar-issues such as noise complaints from the music being played too
loud and over-serving of the patrons by bartenders and wait staff. I also advised that underage
consumption, public urination, loitering after bar closing, drug use, disorderly conduct, or any other
criminal activity would not be tolerated. I also advised Mr. and Mrs. Yang that their security plan
needed to show how they would address each of these issues.
P.66
Ms. Shelley Hanson, License/Perrnits Clerk
Page 2
May 5, 2005
After speaking to Mr. and Mrs. Yang and having them tell me they did not know a Mr. Paul Xiong
and that he was not part of their management team, I checked Mr. Xiong's original (2001) liquor
license application to the City of Hilltop. In the reference section, I found that Mr. Xiong had listed
Mai L. Yang of 1366 Beech Street in St. Paul, Minnesota as one of his references. In checking Mrs.
Yang's previous addresses, I found that she had lived at 1366 Beech Street in St. Paul, Minnesota.
Mrs. Yang called me on May 2,2005 to advise they were faxing the copy ofthe purchase agreement.
At that time, I set up another meeting with Mr. and Mrs. Yang at my office for 2:30 p.m. on May 5,
2005.
On May 3, 2005 at 2:30 p.m., Investigator Steve Korts and I met with Mr. Ken Kautz of Star Central
Bar. I asked Mr. Kautz what his current position is at Star Central and he replied that he is the
manager. I asked ifhe was a co-owner and he stated he was not, but that he had loaned money to the
owner for the business. I then asked Mr. Kautz ifhe knew a Mr. Paul Xiong. He stated "yes" he did.
I then asked how he knew Paul Xiong. Mr. Kautz stated that the first time he met Paul was when he
had looked into buying the Palace Bar site in Hilltop. Mr. Kautz stated that he has seen Paul Xiong
at least three to five times since then--one of those times being at Paul's Tire Service at University
and Dale Street in St. Paul. Paul Xiong apparently owns this business, according to Mr. Kautz. Mr.
Kautz stated he and Bruce Hilson met with Paul Xiong, Paul's wife, and Stephen and Mai Yang to
discuss the purchase agreement for Star Central Bar. I then asked Mr. Kautz if Stephen and Mai had
talked to him about staying on as the manager of Star Central and Mr. Kautz laughed and said he had
offered to stay on, but was told that he would only be needed for one day. I then asked Mr. Kautz if
there was any other information reference the sale of Star Central to Stephen and Mai Yang that he
felt I should be aware of. He stated he had talked to the local Budweiser representative, Steve Pyka
from Kuether Distributing Company, 6982 Highway 65 N.E., Fridley. He stated that Mr. Pyka had
advised him that Paul Xiong was trying to borrow money from a Raul at Margarita Bella on Spring
Street and Central Avenue in Minneapolis in order to purchase Star Central Bar. I attempted several
times to contact Mr. Pyka and set up a meeting to verify this-with negative results.
On May 5,2005, Investigator Steve Korts and I met with Stephen and Mai Yang once again to
discuss the discrepancies I was finding during this investigation. I asked Mai Yang if she had ever
lived at 1366 Beech Street in St. Paul. She stated that "yes" she had. I then showed Mai Yang a City
of Hilltop liquor license application dated June 2001. I once again asked her if she knew a Paul
Xiong and showed her the name on the application. Again Mai and Stephen stated they did not
know a Paul Xiong. I then showed MaiYang the reference page of Mr. Xiong's application and
showed her a highlighted area where her name and the Beech Street address had been listed as a
reference for Mr. Xiong back in 2001. I then showed Mai Yang the phone interview sheet I
completed when I spoke to her back in 2001 reference Mr. Xiong. She then stated that I had
mispronounced his name and that she did not know I meant this Paul Xiong. I then advised Mr. and
Mrs. Yang that I had interviewed Ken Kautz, manager at Star Central. I advised them that Mr. Kautz
advised me that Stephen Yang had told him he would only be needed for one day. Mr. Yang stated
that Mr. Kautz misunderstood him and that he wanted both he and Bruce to stay on and train him in
P.67
Ms. Shelley Hanson, License/Pennits Clerk
Page 3
May 5, 2005
the business. I then advised Mr. and Mrs. Yang that Ken Kautz advised me that Ken and Bruce
Hilson had met with Paul Xiong and his wife Mia Xiong and Mr. and Mrs. Yang at Paul's Tire
Service on University and Dale Street to work out the purchase agreement on the Star Bar. Stephen
stated this was true but that Ken Kautz and Bruce Hilson set up this meeting and that he hardly
knows Paul Xiong and that Paul Xiong will have nothing to do with running his business. I advised
Mr. and Mrs. Yang that it seems strange to me that Bruce Hilson and Ken Kautz would set up a
meeting at Paul's Tire Service in St. Paul to arrange a purchase agreement for Stephen and Mai Yang
to buy the Star Central Bar in Columbia Heights when they (the Yangs) hardly know Paul Xiong.
Mai Yang then stated that when Chief Johnson first asked her if they knew Paul Xiong at our first
meeting, that the Chief had mispronounced the name and they did not know it was the same person.
Once the Chief spelled Mr. Xiong's last name and mentioned that he was the former owner ofthe
Palace Bar, she then knew she had not told the truth but was afraid to change her answer. I advised
Mr. and Mrs. Yang that I believe they had been dishonest with me and that I would have to report
this to the City Council.
It is my perception there is an ongoing effort on the part of Stephen and Mai Yang to deceive the
City of Cohnhbia Heights in reference the granting of a liquor license for Star Central in their name.
They have lied during this background investigation reference knowing or not knowing a Mr. Paul
Xiong, the former owner of the Palace Bar in Hilltop. They have also lied by telling Investigator
Sturdevant and me that Mr. Ken Kautz, the current manager of Star Central, would be staying on as
the manager of Star Central after the purchase is completed. There is also the question of what role,
if any, Mr. Paul Xiong is planning to play in the management and ownership of this business.
It is the recommendation ofthe Police Department that a liquor license and Sunday sales license be
denied to Mr. and Mrs. Stephen Yang. Deception on the part of Mr. and Mrs. Yang was found in the
background that the Police Department feels questions their moral character to be granted this
privilege in the City of Columbia Heights.
TMJ:mld
05-087
Attachment
P.68
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1'.69
AGREEMENT fOR SAL:E OF ASSETS
This AGREEMENT made and entered into by and between Star
Management. Incorporated, a M'tnnesota corporation with a usual place of
business at 4001 Central Avenue N.E., Columbia Heights, MN.] 55421,
("SELLER'), and Steven Yang or a colporation to be formed ("BUYER').
WHEREAS, SELLER operates a Sports Bar/Nightclub at said
aforementioned address and is desirousofseJling certain assets of the same to
BUYER as a going business concem;and
WHEREAS,BUYER is desirous of purchasing said assets and continuing
the operation of the business on terms as herein contained.
NOW, THEREFORE, it is for gaodand valuable consideration and in
consideration of the covenants, agreements] terms,andprovisionsas herein
contained mutuslJyagreed by and between the parties as foIfows:
Sale of Assets
SELLER agrees to sell, and BUYER agrees to purchase and acquire aJl.of
the following assets and items as owned by, loestedon, and used in connection
with the business of the SELLER known as:
A. .AU of the inventory, merchandi.S. e and..gOOdS for resaleexistinaas of
the date of closing. /~t!r NO ?EiJC.CGrt>#IIIH1d.
"A:tt;; .&;,-. .~$,"" 4'-.
"'8. AU of thefumiture,fixtures, equipment and supplies, furnishings,
leasehold improvements andwilhout ili:mitirngthe ga.nera.lity of the foregoing to
include all office equipment. counters, shelves, cash ;registers, signs, decorative
accessories:, provIded and only lothe extent t~e same are located within the
inside walls, ceillngand floor ,of the presentlyexlsmg location, existing as of the
date of closing.
C. AU of thegoodwm.of the SELLER. ,includmg such e:xcJusivs righrs ,to the
name Star Central together with all policy manuals, price Usts,slIpplierlists,
recipes or trade secrets to the extent they exist.
Aaaets to be ~Retajned by Seller
SELLER shall retain all rigJ:lt, title and interest in and to the foUowing
items:
A. All cash on hand or on deposit.
S. All prepaid expenses.
fj t;~ j
P.70
Specifically excluded also from any sale are any fixtures, plumbing, wiring
and/or equipment contained within the walls and/or attached to or upon the
exterior wafls or roof whether or not said fixtures. plumbing, wiring, andlor
equipment passes through or is connected to the interior waDs,ceiling andlor
floor of the presently existing location or are .fastened or connected fa any item
being sold to BUYER under this Agreement.
Purchase .Price
BUYER agrees ta pay to SELLER. and SELLER agrees to accept as the
full purchase price for all the singular assets to be sold, the totalpurchasa pries
of Four Hundred FIVe Thousand and no 100ths ($40S,OOO.OO) DOllARS plus
the cost value of the inventory at the time of closing as hereinafter defined and 10
be evaluated. At the time of closing a physical inventory shaH be conducted and
tabulated.
Payment of P.urcha.e Price
tJ11t
Fifteen Thousand ($15,000.00) DOLLARS deposit upon execution here~~....J I i/
Y'~ e.A (J. LIIlVl"'i" 4(.\A(.r~.. a.~ ~Sl. Q,V"f. n-r- 8~ 1~\. .
OneH'undred Thirty Five Thousand {$135.000.00) DOLLARS at time of
closing by certified check or cash.
The purchase price as hereinabove .stated shall be paid in the following
manner.
Cost vaJue of fheJnventory at time of closing paid by ,cash.
A credit of Thirty Thousand ($30,OOO_OO) DOLLARS for assumption of the
note due and payable to AAA Amusement, .tnc.
r
The remaining Two Hundred Twenty Rve Thousand ($225,000.00)
DOLLARS, to be paid in equal mstau,ments overs period of Five {5} years. with
interest, as per theattachedPiROMlSSORYNOTE, SECURITY AGREEMENT.
Selferla Warranties
The SELLER warrants and represents to BUYER withknowJedge the
BUYER shall Teryon same to enter info this :transaction, each sndellaf the
foregoing:
A. That the SELLER has full marketable title.
B. That tile SELLER has full right and authority to enter into this
agreement aod right to perform and sell hereunder.
~lJ)
P.71
C. The parties agree that the fixfures, equipment, and other apparatus are
being bought and sold nas is"and SELLER dIsclaims any warranty for periods
beyond the closing, and BUYER accepts the same Ras IsD and hereby waives
forever any rights BUYER may have had otherwise.
D. That there are no known governmental or administrative proceedings
against SELLER, which have arisen due to, or in connection witht its conduct of
its business.
Sellers Obligation iPendingCI08ing
SELLER agrees. warrants and covenants that during the pendency of this
agreementt that:
1. SELLER shall J'!laintain customary hours.
2. SELLER shall :maintain its customary and usuaJpricingandpromotional
programs.
3. SELLER shall maintain adequate stock necess8.ry to maintain me
goodwiUof the business.
4. SEllER shall maintain the currenl employees for the benefit of
BUYER; however. nothing herein shall prevent a discharge for cause or require
BUYER to employ any present employes.
Condltlons-P,recedent..conf':UJTent-Subaequent
This Agreement and aU of BUYERtS obligations hereunder shall be fully
conditional upon the occ~rrence of the following:
I-
1_ BUYER obtaining a Liquor License for the present premises of
SEllER
2. BUYER obtainmg a Lease .for Ihe present premises of SELLER.
3. BUYER shan not beobJigated 10 perform under the Agreement without
benefit of said liquor licenseand/or Lease and reciprocaIlyBUYER shall have
no rights under said Liquor Ucenseand/or tease unless the sale is concluded
under the Agreement.
(bPi 11
P.72
Adjustments
The Parties agree that at the time of closing:
.
1. There shall be no adjustment for advertising, electric, telephone] gas or
any utility as BUYER shall simultaneously with closing establish its own
accounts.
2. There shall be no adjustment for insurance premiums8s BUYER shall
obtain its own insurance.
3- PayroD due and payable by SELLERshaJl be paid in full at the end of
day of closing.
Miscellaneous
1, This constitutes theenfire Agreement and therearenoofher terms.
conditions, warranties. representations or inducements except as are expressly
set forth herein.
2. The parties shall do, undertake. execute and perforrn all acts and
documents reasonably required to carry out the tenor and provisions of this
Agreement.
Closing
'2.0~" I
The closing shall be on (J1l AAtSR.,Mttrf at the office of
SELLER. Tune is of the essence.
Signed under seal this 2 f., '1~ day of M~ ~tJtJ!5"
"'
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P.73
1 Executive Summary
This Star Bar and Grill will be the premier, lived high-entertaimnent center with authentic
American-Asian foods, live music/nightclub in the Columbia Heights of Minnesota. Our goal is
to remain a step ahead of our competition through an exemplary service provision. We expect
our guests to have more fun during their leisure time while they can also enjoy from our menu
serving authentic American-Asian foods. We will provide twenty-four hours video cameras for
security control. A simple, yet unique, themed menu and atmosphere will create a sense of
'belonging' for locals and tourists alike. Our operating beliefis: "happy enthusiastic employees
create happy enthusiastic guests."
Our main objectives of the well establishment ofthe Star,,~:~ are:
'.,'..
· To capitalize on excellent location opportunity with swift commitment to the Columbia
Height Center in the City of Columbia Height.
· To continue launching the restaurant food menu, lived-music/nightclub and games as
the previous owner has done.
· To maintain tight control of costs, operations, and cash flow through diligent
management and automated computer control.
· To maintain a food cost below 40% of food revenue.
· To maintain a total beverage cost below 25% of beverage revenue.
· To maintain the Senior Hi-Rise relationship by continuing with the foods and games
program.
· To maintain the noise ordinance by tight control of business operational including lived
music, DJ and guests.
The keys to success in achieving our goals are:
· To provide exceptional service that leaves an impression.
· Maintain consistent entertainment atmosphere and product quality.
· Managing our internal finances and cash flow to enable upward capital growth.
. Strict control of all costs, at all times, without exception.
2 Company Summary
The key elements of the Star Bar and Grill's concept are as follows:
1. Distinctive design features - The food lounge's section features dining tables and a bar
centering the dining area which present a relaxing, friendly atmosphere. Next to the food
lounge are games such as the pool tables, darts, video games and dinning tables for those
who want to dine while enjoying and having fun playing the various games.
2. Entertainment -- Live music, D.J and dance based themes ---- The Company will focus
on themes that have mass appeal to our guests.
3. Gaming--The Star Bar and Grill will provide several interactive video games, pool tables
and darts that will provide both additional entertainment and revenue.
P.74
1
4. Exceptional service -- To reach and maintain a unique image of quality, we will provide
attentive and friendly service through a high ratio of service personnel to customers, and
will also invest in the training and supervision of our employees. This included the
alcohol service awareness and security training for our employees
3. Management Summary
Our management team is an especially close one. The president, Steve Yang has been married to
Mai Yang for over twenty years. Steve and Mai have owned a retail store as well as a liquor store
and have had experience and lmowledge with liquor rules and regulations. Ken Kautz, the
current manager for Star Bar will remain as our manager. Together, we share a vision: to
provide a unique and entertaining experience through exceptional service.
Stephen Yang has an associate degree in machinist, one year owned and managed a
clothing/video store, one year owned and managed a liquor store, and cunent1y hold a position as
a machinist at St. Jude Medical, Inc. Steve's responsibilities will lie primarily with the planning
and coordinating events, marketing with local radio and newspaper and oversee the overall
operation activities of Star Bar along with the manager.
3.1 Management Team Gaps
We believe we have a solid team constructed in order to cover the main points of the business
plan. Management growth through training will be an ongoing component of our priorities.
However, we do realize that we may not have the hands on specific lmowledge that may be
required to execute the transitional change and opening phases of the venture. We also realize
that we may benefit greatly from the retention of a hospitality consultant Mr. Hilsen and having
Mr. Kautz as our manager to guide us through the aforementioned time frames.
P.75
2
LICENSE APPLIC.-\ TION DEPARTlYlENT REPORT
Date of Application 4/410r::,
New X Renewal
Applicant Name Stepnen
First
3",J 6...6J
Date of Birth
Yang
Middle Last
Drivers Lic #
Y-S20-777-00S-199
Home Address 1763 Panama Ave N
City, State, Zip
W. Lakeland, MN 55082
Home Phone 65J ....442.,..4450
\V ork Phone
Business Name
Star Promotion tnc. dba Star Bar
Business Address
4005 Central Avenue NE
Business Phone
TYPE OF LICENSE APPLIED FOR
On Sale & Sunday Liquor
Address of License Location
4005 Central Avenue NE
DEP ARTIVIENT COIVl1'\tIENTS/ APPROVAL
::~
BLDG
Approved date
Approved date 4-2S~fJS
Approved date
ZONING
Approved date
Addition'al Comments:
P.76.
CITY OF COLUMBIA HEIGHTS
590 40th Avenue NE
Columbia Heights, MN 55421
License Dept. 763-706-3678
~Pr
. $ OOO~U
LIcense Fee: ~
Investigation Fee: $ J 5TD
Sunday Liquor Fee: $ .0--00
Receipt#:_~_l:t....ll~Ci2
Date Rec'~ I~ r oen
License#: /)(
Term of Insurance: ~ UW
APPLICATION FOR BEER, WINE, LIQUOR SALES
PART ONE: GENERAL INFORMATION
Type of license:
Liquor- Club OnSale
- On Sale ;('
- On Sale Limited
- On Sale Sunday ~
- On Sale Temporary
ADDRESS FOR WHICH APPLICATION IS MADE: t~ OD l) t..~n-lrcJl {~\fe. . N E Go hw'\ ~-r~ L~l", !tf s ,(\VV ~-)I{l--I
db. S+tt.v f NJY'I\.J-h Or\ :r t::L. ' .
NAME OF OPERATION AT ABOVE ADDRESS?-- .Jkr Bt1ll.J
Beer- Off Sale
- On Sale -X-
- Temp.On Sale
Wine- On Sale ~
Is applicant an: _ Individual ~ Partnership
* Corporation
_ Other Organization
Name of individual, partnership, corporation or other form of organization making application:
~; S+t(~
Address: '"l-~3 fcLli\lLvAA Ave. ~/)t..ivt
Phone Number: fv51- I.[ LJ ;) -4 Lf S1J
IJJ14st WLt~ l Ml\\ ~()qJ.-.-
If incorporated, state of incorporation: M I~ n~'c1 ~
. Please attach a copy of Certificate of Incorporation or other documentation of legal status.
In case of a partnership, corporation or other form of organization, please provide names of each officer, director and partner:
S'kphen Ya.:3
List the nature of any other business to be operated in conjunction with the sale of beer, wine or liquor:
~odh 4- en Ier~tI'JIY'..V~
Is applicant the owner/operator of such other business, and if so, the length of time in such business: I'II'-A-
Have all real estate taxes and local assessments, which are due and payable for the premises to be licensed been paid?
L YES _ NO; If no, list the years and amoUnts which are unpaid:
Is applicant or any member of partnership, officer/directors of corporation or other organization a holder of a federal retail
liquor dealer's special tax stamp? _ YES --Jt- NO; If yes, name of holder:
P.77
In Case of a temporary license, please provide the following:
1. Date of Event
2. Include a site plan of the area where sales will occur indicating the size, location and nature of the premises planned to
be used along with a depiction of its relationship to the adjacent premises.
3. A statement from property owner granting permission to applicant for use of the premises on which the stated activity
is proposed. .
4. Full legal name of person in charge of event, ifnot applicant. Include date of birth, and full address and phone
number.
In the case of an On Sale Club license, please provide the following:
1. Certified copy of By-Laws of the club, including a definition of the work "member".
2. List of membership.
3. Copy of Charter.
4. List of corporate officers, board of directors and manager.
S. Copy of lease agreement or statement of ownership of premises where license to be held.
An applicant for an on-sale wine or liquor license shall submit a floor plan of the dining room(s) which shall be open to the
public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms.
All renewals for an existing on-sale wine or liquor license (exception: Club Liquor) must submit with this application a
statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the
restaurant/hotel for the twelve-month period immediately preceding the date of filing renewal applications.
SUNDAY LIQUOR SALES INFORMATION (NOT APPLICABLE TO BEER OR WINE):
Establishments to which on-sale liquor or on-sale Club Liquor licenses have been issued may serve intoxicating liquors in
conjunction with the serving of food between the hours of 10:00 a.m. and i :00 a.m. on Sundays provided that such
establishment is in conformance with the Minnesota Clean Air Act. Such license must coincide with the dates of applicant's
intoxicating liquor license.
APPLICATION ACKNOWLEDGEMENT:
If the application is by a natural person, it shall be signed and sworn to by such person; ifby a corporation or other
organization, by an authorized representative of the same.
All information presented with this application is true and correct and no other persons than those named in the application
have any interest in the management and control of such business. I herein consent to any and all investigations the City
deems appropriate in the processing of this application.
Witnessed by:
~h,
q~~~)
DATE:
AJYi' / kfl1
Y I '-t ~OS-
? ..,./'
I .....0(.; )
I
APPLICANTS SIGNATURE:
DATE:
*Liquor Liability Insurance must be provided by &11 applicants with this application in Certificate of Insurance form and must
have a thirty (30) day written notification to the City prior to cancellation. Term of Insurance coverage must follow the
license year of January 1 through December 31 of each year or state that the coverage is continuous until cancelled.
P.78
PART TWO: APPLICANT INFORMATION (to be completed by applicant, and each officer, director and partner):
Full Legal Name of applicant: S~elohe.f1
(First) (Middle Name)
Has applicant ever used or been lmown by a name or other true name? L YES _ NO.
If yes, .what was such name or names and provide information concerning dates and places where used.
'Thc~.y Yot?} " 19'1/ Minnesdk
Is applicant a citizen of the United States? L YES _ NO
Is applicant a resident alien? _ YES _ NO'
Y(t;~
(Last)
Is applicant married? L YES _ NO
If yes, provide full legal name of spouse:
.,IL1l Cl i
(First)
Lee.
(Middle)
YQ'!j
(Maiden Last Name) (Last)
Applicants resident street address:
City: We-sf-- LCA.~d
Phone Number: (f.:bi) 1-/ 4-), - 4: 4 S-D
Length oftime at above address:
II (0.) Pdf\l1rYLtl A-ve- (lJdtCfh
State: rvt iV\.V\e;;1D~ Zip
Place & Date of Birth: LaOS
~')c)!' .;L.
:3 -il,,'-~i
Spouse's residence street address:
City:
Phone Number: ( )
Length of time at above address:
~ :r-rs
5,t-me....
State:
Zip Code:
Place & Date of Birth:
Please list residence street addresses applicant and spouse have lived during the preceding ten years:
/-2CJ 9h t'1Atvnta.-k S/-r-eef- l3/a-ii1-€ fi,flJ ";)'<)ol-~d-
l~0(g' Bee.ch -Sfreer Sf. ?a..d .M~ 5570~ /111f.... iH'J02-
,
Please list business/occupation applicant has been engaged in during the preceding ten years:
MQI.:.h 1 fI', s}-.
L-i l/unr -nme {1/vlC-, OLvnet-
Please list business/occupation spouse has been engaged in during the preceding ten years:
,...JLlfS e.-
L..tquOte TIme- /--:J;ne f!.))- oWner
Name and address of applicant's employers and partners, if any, for the preceding ten years:
5-1.1 wJe J~eJ.c 41
Lf ftl e (' (fdi€ .'T-flL< 8/07; m71't.tJ~ I1/ltV
I t./ I
.5";'
Has applicant ever been convicted of any felony, crime, or violation of any ordinance other than traffic? _ Yes?J No
If yes, furnish information as to the time, place and offense for which convictions were had:
Has applicant's spouse ever been convicted of any felony, crime or violation of any ordinance other than traffic?
_ Yes ~ No If yes, furnish information as to the time, place and offense for which convictions were had:
Has applicant ever been engaged as an employee or in operating a bar, saloon, hotel, restaurant, cafe, tavern or other business
of a similar nature? R Yes _ No. If yes, applicant shall furnish information as to the time, place and length oftime:
Li q ltor t5f6fe- P.79
Page 2
Has applicant's spouse ever been engaged as an employee or in operating a bar, saloon, hotel, restaurant, cafe, tavern or other
business of a similar nature? 1 Yes _ No. If yes, furnish information as to the time, place and length of time:
Has applicant ever been in military service? _ Yes JL No. If yes, applicant shall attach DD/214 form.
Provide three character re erences located within the State of Minnesota (Name, address and telephone #):
1. ' UJl i "'-- . /37 . 0 /-{-ea:. - €V' fft 1/5 :pr. Bu rO.5I/' /1 1'S';} - 81/ -.591,/
2. YCFlJa.VI 8o:J:.hsh. FYif Lois pr., shOFeUt-e:cD I f1A,.,) G11r2- 903 -4;2i./'I
3. Va:t1'te Valfi,t, I-'?/- if p&-" ,;-q~) ~.- 3J-?- 9) ') c4
All information presented with this application is true and correct and no other persons than those named in the application
have any interest in the management and control of such business. I herein consent to any and all investigations the City
deems appropriate in the processing of this application.
APPLICANT'S SIGNATURE:
~1~~y
l~h
----
. _ Jtl .
DATE: AVril It!' . jo<~~
'I /
WITNESSED BY:
DATE:
Y If i l ~
'-l D~
r'
P.80
Business Services
180 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
Mary Kiffmeyer
Secretary of State
Office of the Secretary of State
Packing Slip
Aprill,2005
STEPHEN YANG
To Whom It May Concern
1763 PANAMA AVE N
WEST LAKELAND, MN 55082
Page I of I
Client Account Number: 33102140
Batch Number: 1300589
Document Number Document Detail
Filing Number
Fee
13005890002
13005890002
13005890003
13005890003
DC Expedited Fee - Corp (star promotion inc.)
DC Incorporation (star promotion inc.)
AN Expedited Fee - Corp (star bar)
AN Registration (star bar)
20.00
135.00
20.00
25.00
Total Fees
$200.00
Pavment Tvpe Received
Pavment Reference Number
Amount Paid
Check
3342
200.00
Total Payments Received
$200.00
Any overage amount on account with our agency will be refunded after 60 days if not used.
.
Visit our online services web page to discover timesaving, electronic methods of doing
business! www.online.sos.state.mn.us
P.Sl
(651) 296-2803
TTY (800) 627-3529
MINNESOTA SECRETARY OF STATE
CERTIFICATE OF
ASSUMED NAME
Minnesota Statutes Chapter 333
Read the directions on reverse side before completing.
Filing fee: $25.00
The filing of an assumed name does not provide a user witt! exclusive rights to that name. The filing is required for
consumer protection in order to enable consumers to be able to identify the true owner of a business.
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK FOR MICROFILMING PURPOSES.
1. State the exact assumed name under which the business is or will be conducted: (one business name per application)
Star Bar
2. State the address of the principal place of business. A complete street address or rural route and rural route box number is
required; the address cannot be a P.O. Box.
4005 Central Ave NE
Street
Columbia Heights
City
MN
State
55421
Zip
3. List the name and complete street address of all persons conducting business under the above Assumed Name or if the
business is a corporation, provide the legal corporate name and registered office address of the corporation. Attach additional
sheet(s) if necessary.
Name (please print)
Star Promotion Inc
Street
City State
Zip
55421
4005 Central Ave NE
Columbia Heights MN
4. I certify that I am authoriz.ed to sign this certificate and I further certify that I understand that by signing this certificate, I am
subject to the penalties of perjury as set forth in Minnesota Statutes section 609.48 as if I had signed this certificate under oath.
~1
Date
I?
)..0 (;) .s
Stephen Yang, President
Print Name and Title
Jus39 rev. 3-03
PETER DENG CPA 651-917-0809
Contact Pers~iiiATE OF MINNESOTJ..Daytime Phone Number
DEPARTMENT OF STATE
FILED
APR 0 1 2005 t
~~JI~J
P.82 71'(, (J W'-,
'~ecretarv of Stat,
STATE OF MINNESOTA
SECRETARY OF STATE
ARTICLES OF INCORPORATION
Business and Nonprofit Corporations
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK.
Please read the directions on the reverse side before completing this form. All information on this form is public information.
The undersigned incorporator(s) is an (are) individual(s) 18 years of age or older and adopt the following articles of incorporation
to form a (mark ONLY one):
I X I FOR-PROFIT BUSINESS CORPORATION (Chapter 302A) D NONPROFIT CORPORATION (Chapter 317A)
ARTICLE I NAME
The name of the corporation is:
Star Promotion Inc
(Business Corporation names must include a corporate designation such as Incorporated, Corporation, Company, Limited or an
abbreviation of one of those words.)
ARTICLE II REGISTERED OFFICE ADDRESS AND AGENT
The registered office address of the corporation is:
4005 Central Ave NE
Columbia Heights
MN
55421
(A complete street address or rural route and rural route box number is required; the address cannot be a P.O. Box) City State Zip
The registered agent at the above address is:
~tephen Yang
Name (Note: You are not required to have a registered agent.)
ARTICLE 11/ SHARES
10,000
The corporation is authorized to issue a total of shares.
(If you are a business corporation you must authorize at least one share. Nonprofit corporations are not required to have shares.)
ARTICLE IV INCORPORATORS
I (We), the undersigned incorporator{s) certify that I am (we are) authorized to sign these articles and that the information in
these articles is true and correct. I (We) also understand that if any of this information is intentionally or knowingly misstated that
criminal penalties will apply as if I (we) had signed these articles under oath. (Provide the name and address of each incorpora-
tor. Each incorporator must sign below. List the incorporators on an additional sheet if you have more than two incorporators.)
Name
Street
City State Zip
Peter (Zhigang) Deng 1885 Univ Ave #269 ST PAUL MN 55104
Name
Street
City
State Zip
Signature
.;iTATE OF MINNESOTf
Print name and phone number of person to be contacted if there is a question about the filing of these '8ftfM~YLE 0 STATE
PETER DENG CPA E?519j70809 APR 012005 ~
Phone Number
Name
bus 3 Rev. 3-03
P.83
%~iliJftf'J
":;ecretarv of Stat,..
Registration/update confirmation
Minnesota tax ID number
Federal ID number
legal name
Doing business as
7704817
20-2586758
STAR PROMOTION INC
STAR BAR
Business address
Address
Apt. or suite
City
State
4005 CENTRAL AVE NE
COLUMBIA HEIG
MN
55421-2917
Zip
Contact information:
Contact name
Telephone number
Alternate number
Fax number
Primary e-mail
Alternate e-mail
Alternate e-mail
Website address
PETER DENG CPA
651-917-0809
INFO@DENGCPA.COM
Tax year ending month
State of incorporation
Date of incorporation
December
MN
March 30, 2005
NAICS codes:
722410
Owners, officers or personal representatives:
First name Middle initial
STEPHEN
'(our business is registered for the following taxes:
fax type Begin date
3ales and use May 2005
Mthholding from employees Apr 2005
3-Corp Tax May 2005
.iquor sales May 2005
Last name Suffix
YANG
End date Filing cycle
Monthly
Quarterly
Annually
~dditional addresses and contact information:
:;0 to our website for information on filing and paying your taxes: www.taxes.state.mn.us
late: Wednesday, March 30, 2005
"ime: 12:27 PM
P.84
Form 55-4 Application for Employer Identification Number EIN
(Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches, 20-2586758
Department of the government agencies, Indian tribal entities, certain individuals, and others.)
Treasury ~ See separate instructions for each line. I>- Keep a copy for your records. OMB No. 1545-0003
Internal Revenue Service 1 * Legal name of entity (or individual) for whom the EIN is being requested
Star Promotion Inc
2 Trade name of business (if different from name on line 1) 3 Executor, trustee, "care of" name
Star Bar
4a* Mailing address (room, apt., suite no. and street, or P.O. box) 5a Street address (if different) (Do not enter a P.O. box)
4005 Central Ave NE
4b* City, state, and ZIP code 5b City, state, and ZIP code
Columbia HeiQhts MN 55421 - ..
6* County and state where principal business is located
County' Hennepin State MN .
7 a* Name of principal officer, general partner, grantor, owner, or trustor 7b* SSN, ITIN, EIN
Stephen YanQ 586-58-0084
8a* Type of entity (check only one) GEstate (SSN of decedent)
r: Sole Proprietor (SSN) o Plan administrator (SSN)
C Partnership [j Trust (SSN of grantor)
~ Corporation (enter form number to be filed) ~ 1120S o National Guard [j Statenocal government
[J Personal Service D Fanners' cooperative o Federal govemmenUmilitary
[j Church or church-controlled organization o REMIC o Indian tribal govemmenUenterprises
C Other nonprofit organization (specify) II> Group Exemption NO. (GEN) ~
Cather (specifvl ..
8b* If a corporation, name the state or foreign country I State Foreign country
(if applicable) where incorporated MN
9* Reason for applying (check only one) o Banking purpose (specify purpose) ..
C Started new business (specify type) C Changed type of organization (specify new type) ..
.. ~ Purchased going business
C Hired employees (Check the box and see line 12) o Created a trust (specify type) l>-
n Compliance with IRS withholding regulations o Created a pension plan (specify type) ..
o Other (specifvl I>-
10* Date business started or acquired (month, day, year) 111 * Closing month of accounting year
MAY 1 2005 DEC
12 First date wages or annuities were paid or will be paid (month, day, year) Note:lf applicant is a withholding agent, enter date
income will first be paid to nonresident alien. (month, dav, vear) . . . . . . . . . . . . . . . . '" JUL 1 2005
13 Highest number of employees expected in the next twelve months Note:/fthe applicant I Agriculture I Household I ~ther
does not expect to have any employees during the period, enter "-0-" ... . .... .. . ... I>-
14* Check box that best describes the principal activity of your business o Health care & social assistance [j Wholesale-agenUbroker
D Construction o Rental & leasing o Transportation & warehousing ~ Accommodation & food service D Wholesale-other
o Real estate o Manufacturing o Finance & insurance . o Retail
o Other (soecifvl
15* Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided.
Liaour
16a* Has the applicant ever applied for an employer identification number for this or any other business? . . . . . . . . . . . [J Yes M No
Note If "Ves" alease comolete lines 16b and 16c
16b If you checked "Yes" on line 16a, give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above.
Legal name '"
Trade name ..
16c Approximate date when, and city and state wheT the application was filed. Enter previous employer rntification number if known.
Approximate date when filed (month, day, year) City and state where filed Previous EIN
Complete section only if you want to authorize the named individual to receive the entity's EIN and answer questions about the completion of this fonn
Third Designee's name Designee's telephone number (include area code)
Party Peter Deng CPA ( 651 ) 917 .. 0809
Designee Address and ZIP code
Designee's fax number (include area code)
1885 Univ Ave Ste 269 St Paul MN 55104- ( 651 ) 917 - 0851
Under penalties of pe~ury,1 declare that I have examined this application, and to the best of my knowledge and belief, it is true, Applicanfs telephone number (include area code)
correct, and complete. ( ) - t'J/-,!cf;--I'-I4'Lf
Name and title (type or print clearly)
.. Stephen Yang Applicant's fax number (include area code)
Signature .. Not Required Date '" March 30, 2005 GMT ( ') -
P.85
API<-Uq-~VVo nUN II; I b An nN HLWI1UL HNU lrHfltlLl Nlr
I"Hh j'/U, 00l~~IOCJ~
r. VI
"
pI
Al..r..,. 6...111ill\l f1<~tI'OIlI'"
--
Minnesota :Dc:partment of Public Safety
Alcohol and Gambling :Enforccment Division (AGED)
444 Cedar Street, Sui.re 133, St. Paul, MN 5510]-5133
Telephone 651~296~6979 Fax: 651.297-5259 TrY 651-282-6555
.' ',.1
. j
Certification of.an On Sale Lihuor License. 3.2% Liouor liceotie. Dr Sunda", Liouor Lil~en!le
Cities and Counties: You are required by Jaw-to complete and sign thisrform, 10 certifY tbe jS$uance offue following liquor
license types:, 1) City issued on sale intoxicating and Sunday liquor licenses
2) City and County issoed 3.2% on and 'off sale malt liquor licenses "
NilIlie of City or County Iss'uing Liquor Licens~ col<.t~ /" ItA. k yW-\License :Period From:j}Dr ( ~ 0")' To: 'Va ~'f ~f- 1:>"1
~' r
Circle One: "ew Licens License Transfer ' , ' Suspension Revocation. Ca.ncel " .
(iO!Il1CT licensee name), (GIVe dUle~)
License type: (c,i.rcle an that apply) ~le futoxi~W ~~ Li~ 3.2% On sale 3.2% Off Sale
Fee(s): 011 Sale License fee:$ 2000 Sllllday License fee: $~ 3.2% On Sale feo: $ 3.2% Off Sale fe~: $_
Licensee Nam,e; .5{.tLV"': 'ifJ' reJlJ'V'\b ~0Y"\ ~DOB : Social Security Ii "
(COlpOfllti(ln. pClIlnetsbip, LLC. (IT lnclividual) r;:
Business Trade Name Skur ~v---- Business Addres~_H DPS ~~~ f\tItit; ~l-\- .
Zip code9;t1 2./ County ,Ar\ok::lL... Business Phone C,;Sf-1f 1-/2-44, (1) Home Phone fs, 'Sl ~crq f(r-/l{L[ 4
HomeAddress(l ~ ~~~Vla AVf', J-f. City~ .L-IJ..Ic.e.Lu-to\ ( f\ A P J~ioensee'sMNTu1b# /'lD"g f 7
, .::::1... \ (Tu Apply cq1l651-:!96-618.l) ,
Licensee's Federal Tax ID # d-D ~ ~ (-, '7
('to apply ~11651-290-3!l().:;)
If above named licensee is a corpom.tioo, ,partnership. or LLC, complete th'e following for each partner/officer:
.
OOB Social ScCwilY II, Home Addtess
(parmer/Officer Name (FiJ:lt Middle Last)
DOB
Social Security #
Home Address
Partner/OfficerNaIDe (FimMiddle Last)
POB
Social Sccurll.}' if.
Home Address
Intoxicating liquor licensees mUSt attach a certificate of Liquor Liability lnsurance to this form. Tbe insurance certificate
must contain all of the following: .
l) Show tlle exact licensee name (corpomtion, pal1Dership, LLC, ete) and business address as shown on the license.
2) Cover completely the licren$c period set by th.e local city or cQunty liceDSin~ authority as shown on the license.
Circle One: (ves<!E) DurUlg the past year has n summons been issued to the, licensee lJ!lder the Civil Li.quor Liability LaW?
Workers Compensation Insu ease complete the following: ,
Workers Compensation rns~rance Company Name: pe ~/J Policy '#
I Certify that this license(s) has been approved in an ofucial meeting by the governing body afthe city or ~ounty.
City Clerk or County Auditor Si.gnature Date
(title)
)t
On Sale Intoxicating liquor licensees must also purchase a 520 Retailer Buyers Card. To obtain tile
application for the Buyers Card, please call 651-215-6209, or visit our website at www.dns.state.mn.us.
(Ponn 901 J -2004)
P.86
APR-04-200b MON ll: 1 b AM nN ALliUHUL HNU lIHl1tlLlNlr
rH^ NU. OOl~~'OcD~
r. V,J
'~le'IU\l11 it GII\lbi\IIU tnfa'lulm.vm:
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division (AGED)
444 Cedar St/'eet, Suite 133, St. Paul, MN 5510,1-5133 ,
Telephone 65]-296-6979 Fax 651-297-5259 TTY 651-282-6555
www.dps.state.mll.us
ADolication for Optionnl 2 AM Liquor License
License type code:
2AM
License .Expiration Date
10#
(For OUlce Use Only)
Lioensee Name: c;lcl r ik:v- PlfoWl 0 h '0l1.
Trade Name: <;'~ &t,v- C ]) B ~
L.ic:cnsed Location Address: ------.ldpo ") C~vJ-.~;J
City, Slate, Zip Code: ~ I (J lII>t l.,,, c;: A~D
Business Phone; c., "':i (~ t.t'12. - I-( '1)iJ C '
~JA-k' ~
aw yr;
,/YlN
I
~ J1 J-/.
If the above named Iicensc~ is a corpora,tion, partnership, Or LLC, complete thl;! lbllowing foJ' each p'artner/officer: '
I 7 C '7 (f,CI ..... cr. IA1. Ci a:v-~ /If .
77€ ?/l\./~,^ a~ ~~ I' ~ r; ( C ~')t--o.:::>g-- '+ lve-:' o--l4 LQJ ?'IN :')>0 ilL
rst Middle Lust) DOR Social SccllI'ity # Horn" Address
PtlrtflertOt'tlCClI' Nllme
(First Middltl L~!;t)
DOB
SOCilll Si::curil.l' 1/
I:l!lmll AddrC5~
Panner/Ofticer N'amc
(Finil MiLldle last)
DOLi
SlIoial Security #
Home A ddrc.'l!;
Licensee must report pr~vious 12 month on sale alcoholic beverage gross receipts by checking one ofthe boxes
below. Next to the box you check is your 2 AM licens~ tee, 'Make check payable to: Alcohol and
Gllmbling Enforcement Division (AGED). MaH this application and check to : AGED, 444 Cedar St., Suite
"133, St. ,Palll, MN 55101-5133.
o $200 2 AM license fee - Up to $100.000 in On gale {il"oss receipts for alcoholic beverages
o $500 2 AM license fee - Over $J 00,000, but not over $500,000 in on sale gross n::ceipts for a.1cciholic beverages
o $600 2 AM Hcellse fee - Over $500,000 in on snle gross receipts fol' alcoholic beverages
o $200 2 AM license fe~ - 3.2% On Sale Malt Liquor licensees or Set Up license holders
;tJ $200 2 AM ~icenj;e fee - Did not sell alcoholic beverages for a full 12 months prior to this application
DYes ,0 No Does your city or county licensing official allow the sale of alcoholic beverages until 2 AM?
City Clerk/County Auditor Signature
(T certify lhot lhe city 01' COllllty of '
Date
___ :lpprovc:~ thl.l ~Illtl of alcoholic beverlll:\t:s ulttil 2 AM)
i70 Lf<ib I 1-
A'
Pate At171 II k<J ~ .
Licensee: p,'ior to submitting tbis appl' ntion to'tlte Alcohol and Gambling ,Enforcement Divildon, iI' must be
signed by your local city or county lice~sing official.
(2AM.2004)
P.87