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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. P.16 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 P.17 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. P.19 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 P.20 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 P.21 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 P.22 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. P.23 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. 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Ii. , .-iMNOMLONNLOO.-iNM<I'mC\lMMLO~ OO.-i<l'\D\D~OMNOOOooLOoooooro .-iNNNC\lNN<l'<l'<l'\D\D\D\D\D\D~rororo ~ Ii. ....:l :;ij ~ E-i ~P.64 E-i 8 U U f'l; C!J Z H ~ U fiI :r: U 00 ~ ~ ill H ~ ~ U fiI P:: P, f'l; U fiI P:: ~ ~ ~ ~ ill ill ~ ~ ill ....:l E=l o E-i [:il ~ 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 ~ I I l-IJo5^ ftOjt<\: s.kpkcf\ V~ (,~, '" 114;). ~ ~Ll ~ 10 ., e.hVf -r;M- JO httSt1I-' to' """ 10... l-/<-f. j W P" /. <.( ~ rJ-. w-..p \~~ - 1t>w - -,'15;)- f ihL P ....,j,JI!6e t1- ~..-r {} D.. r..&f't o. ~ ' JJ ~ .-at W.se(;\ pI.. ?}q..Y' 13.1...... .... il1 .fH-. ~ ~~~ cf f-T ' , 1\1tL~t- ~" ~ 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" "' HV18 l&RJ?l7cc/?/ ,elf! ';yv~ Jm,..., ~~flg<f BY: BY: c/ ;1( 1);I€~ 11'1P" , J 7 , J f4"q .flt ~ tiflt;V. Wr II lar,t;J /;1?IV 5")IJ~ J... BY: 9r'-'f, / i$I, 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