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Home My WebLink AboutSeptember 12, 2005 Regular CITY OF COLUMBIA HEIGHTS ADM/N/STRA nON Mavor GGlY L. Peterson C Ollllci/members Robert A. Williams Brllce Nawrocld Tammera Ericson Diehm Bruce Ke/zenberg Citv Mal/after Walter R. Fells! 5~~ 40th Aven~e N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 VISit allr Webslte at: 1I'1I'1I'.ci.colulIlbia-lzeiglzls.IIl11.lIS The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 p.m. on Monday, September 12, 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 ORDERlROLL CALLIINVOCATION Invocation by Pastor Bill Hugo, St. Matthew Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The COll."'1cil, upon majority vote of its members, may make additions fuid 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) Columbia Heights Senior Proclamation B) Presentations - none C) Introduction of New Employees 1) Jeffrey Sargent - City Planner 2) Kirsten Partenheimer - Community Development Specialist D) Recognition - none P5 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 fi.om consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for August 22, 2005 regular City Council meeting MOTION: Move to approve the minutes of the August 22,2005 regular City Council meeting as presented. p6 2) Accept Boards and Commissions Meeting Minutes a) Minutes of the July 26,2005 Economic Development AuthOlity meeting b) Minutes of the August 2,2005 Public Library Board of Trustees meeting P16 P22 3) Establish Budget Work Session meeting dates in Conference Room 1. MOTION: Move to establish Budget Work Session meeting dates to review the 2006 budget as stated in the City Council letter. P24 City Council Agenda September 12, 2005 Page 2 of 4 4) Establish meeting with Heritage Heights neighborhood for Sept. 28, 2005 at 7:00 p.m. P25 MOTION: Move to schedule a City Council and Heritage Heights neighborhood meeting for Wednesday, September 28,2005 beginning at 7:00 p.m. in the City Council Chambers. 5) Adopt Resolution No. 2005-43, being a Resolution adopting a proposed budget and levy, and set hearing date for property taxes payable in 2006. P26 MOTION: Move to adopt Resolution 2005-43 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,440,917, establishing a budget hearing date for property taxes payable in 2006 for December 5,2005 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of$161,366. ALTERNATE MOTION: Move to adopt Resolution 2005-43 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,347,537, establishing a budget hearing date for propeliy taxes payable in 2006 for December 5,2005 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of$161,366. 6) Adopt Resolutions 2005-48 and 2005-49, being Resolutions accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase II) P29 MOTION: Move to waive the reading of Resolutions No. 2005-48 and 2005-49, there being ample copies available to the public. MOTION: Move to adopt Resolutions 2005-48 and 2005-49, resolutions accepting the low bid from Veit & Company Inc. for the building demolition and removal of contaminated soil in the Industrial Park (Phase II) in the amount of$497,035.00, Columbia Heights, MN and the low bid from Veit & Company Inc. for the abatement/removal of hazardous materials in the Industrial Park (Phase II) in the amount of$97,355.00, Columbia Heights, MN. 7) Adopt Resolution No. 2005-46, being a Resolution supporting Springbrook Nature Center P34 improvements and request for State financial assistance. MOTION: Move to waive the reading of Resolution No. 2005-46, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-46, being a Resolution supporting the improvements to Springbrook Nature Center and supporting the request to the State of Minnesota for financial assistance. 8) Authorize purchase of six Motorola XTL5000 radios from the State ofMN contract P39 MOTION: Move to approve the purchase of six Motorola XTL 5000 mobile radios from the State of Minnesota contract in the amount of$20,133.12 (tax exempt) and to allow the City Manager and the Police Chiefto enter into a contract for the same, with funding to come from Homeland Security Grant #2009757 and forfeiture fund #265-42100-2010. 9) Approve application for raffle for the Columbia Heights Activity Fund P42 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Columbia Heights Activity Fund at Murzyn Hall, 530 Mill Street NE, Columbia Heights, on November 26, 2005; and furthennore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local goveming body. City Council Agenda September 12, 2005 Page 3 of 4 10) Establish a hearing date of Monday, September 26,2005 for Public special Assessment LevY Hearing for 3730 Tyler Street P51 MOTION: Move to establish a hearing date of Monday, September 26,2005 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0450 the abatement of nuisance violations from the property located at 3730 Tyler Street NE. to be held in the City Council Charnber. 11) Approve Business License Applications P52 MOTION: Move to approve the items as listed on the business license agenda for September 12, 2005 as presented. 12) Approve Payment of Bills P54 MOTION: Move to approve payment ofthe bills out ofthe proper funds as listed in the attached check register coveting Check Number 114079 tlu"ough 114291 in the amount of$491,750.75. 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1494, being and Ordinance of a proposed change to the City Charter, Chapter 7, Section 72, Bonded Debt and Debt Limit p64 MOTION: Move to waive the reading of Ordinance No. 1492, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1492, amending Chapter 7, Section 72, Bonded Debt and Debt Limit ofthe City Charter. 2) Second reading of Ordinance 1493, Vacating a portion of 5th Street NE p68 MOTION: Move to waive the reading of Ordinance No. 1493, there being ample copies available to the public. :MOTION: Move to adopt Ordinance No. 1493, being and Ordinance vacating a portion of 5th Street NE. 3) Second reading of Ordinance 1494, 1495 and 1496 being Ordinances Vacating a portion of 38th Avenue NE, 39th Avenue NE, Lookout Place, and the Adjacent Alley. P71 MOTION: Move to waive the reading of Ordinance No. 1494, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1494, being an ordinance amending Ordinance No. 1490 City Code of 2005, vacating a portion of 38th Avenue NE. MOTION: Move to waive the reading of Ordinance No. 1495, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1495, being an ordinance amending Ordinance No. 1490 City Code of2005, vacating a portion of 39th Avenue NE. MOTION: Move to waive the reading of Ordinance No. 1496, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1496, being an ordinance amending Ordinance No. 1490 City City Council Agenda September 12, 2005 Page 4 of 4 Code of 2005, vacating a pOliion of Lookout Place and Adjacent Alley. B) Bid Considerations C) Other Business 8. ADMINISTRATIVE REPORTS A) Report ofthe 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 minutes. Anyone who would like to speak shall state hislher name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT dg/~ Walter R. Fehst, City Man ger WF /pvm ~ -A-\ PROCLAMATION Columbia Heights Senior Center Whereas: The Columbia Heights Senior Center has set aside SeEtember 19 through September 25, 2005 to recognize and celebrate the 20t Anniversary of its existence; and Whereas: The Columbia Heights Senior Center exists to provide educational, social, recreational, and informational programs for participants; and i I i i i i ! ! i i I J I I 1 I i , j Whereas: The Columbia Heights Senior Center acbieves this by making a concerted effort to provide programs in each of the above areas to individuals 55 years and older, Now, Therefore, Be It Resolved: that I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby officially proclaim September 19 through September 25, 2005 as the kickoff celebration week. to the 20th Anniversary year of the Columbia Heights Senior Center. Mayor Gary L. Peterson City of Columbia Heights 1 j .' 5 , . ~ '1 ~ ~ " ~. ~ ~ " .j ;j OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL AUGUST 22, 2005 TRESE MINUTES HAVE NOT BEEN APPROVED~ S-A-I The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, August 22,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson Diehm, and Councilmember Kelzenberg. The Invocation was given by Pastor Dave Briley, Oak Hill Baptist Church. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add the proposed budget and Park and Recreation COlmnission vacancy. Mayor Peterson added item 7 A4 Budget and 7 A5 COlmnission appointment. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations 1) Introduction of 2005-06 Columbia Heights Ambassadors Dorinda Edlund, Program Coordinator, had the Ambassadors introduce themselves. The Mayor thanked them for representing the City of Columbia Heights. A picture of the group was presented and a picture was taken with the City Council. Williams thanked Edlund for her work on the Ambassador Program. 2) Presentation on Global Sister Cities Conference in Spokane Wally Logacz thanked the City Council, on behalf of himself and the Lions, for their support during his 11 years organizing the Jamboree Parade. He thanked them for their support ofthe Sister City Committee and our Sister City. Funds have been raised to provide their Children's hospital with an ambulance and other contributions. The COlmnittee appreciates clerical assistance received from the City. Logacz described the Sister City Program history and the International Sister City Conferenoe that he and Dolores Strand attended in Spokane, Washington. He indicated that a delegation would visit our Sister City of Lomianki, Poland in September. Logacz stated that Columbia Heights accomplishes more than any other community our size. Funds have been raised for 240 wheelchairs for three hospitals in Poland to be distributed during our visit, along with many books for their library and school system. The Sister Cities COlmnittee has been able to do wonderful work with the support of the City of Columbia Heights. Mayor Peterson indicated that Mr. Logacz is instrumental in the program and in worldwide good will. He proclaimed Wally Logacz as Columbia Heights' Ambassador to the world. Williams indicated his respect for Mr. Logacz carrying word of Columbia Heights to the world. Introduction of New Employees Police Chief Tom Johnson introduced our new Officer, Jason Pielm, known as JP, and gave his background. Johnson swore in Officer Jason Piehn and the Mayor presented him with his badge. Piehn thanked the City Council and his family for attending. Kelzenberg read from a past Green Sheet regarding an incident where Officer Piehn's alert actions took a weapon off the street. P.6 City Council Minutes August 22, 2005 Page 2 of 12 CONSENT AGENDA Nawrocki removed 3, 7, and 8 from the Consent Agenda. Fehst recommended canceling #3, establishing a work session for September 6, for lack of agenda items. Walt Fehst, City Manager took the Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for August 8, 2005 regular City Council meeting Motion to approve the minutes ofthe August 8, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the Planning and Zoning Commission meeting minutes of August 16,2005. b) Motion to accept the Telecommunications Commission meeting minutes of August 18,2005. 3) Establish Work Session Meeting Date for Tuesday, September 6,2005, beginning at 7:00 p.m. in City Council Chambers - cancelled. 4) Approve Fund Transfer from General Fund to Police Depmiment Budget to Reimburse G.T. Fund Motion to transfer $3,178.49 received from Anoka County for reimbursement of Safe and Sober grant overtime worked and for detox transpOlis from the General Fund to the Police Department 2005 budget under line #1020, police overtime. Nawrocki questioned ifthe Safe and Sober overtime costs are in the budget. Johnson stated they are and are then reimbursed through a grant. 5) Adopt Resolutions No. 2005-44 and 2005-45, being Resolutions Promoting Intrastate Mutual Aid Agreements and Designating NIMS for Incident Management Motion to waive the reading of Resolution No. 2005-44, there being ample copies available to the public. Motion to adopt Resolution No. 2005-44, being a Resolution promoting the use ofIntrastate Mutual Aid Agreements. Motion to waive the reading of Resolution No. 2005-45, there being ample copies available to the public. Motion to adopt Resolution No. 2005-45, being a Resolution designati.'1g the National Incident Management System (NIMS) as the basis for all Incident Management in Columbia Heights. Fehst stated this is for an Incident Command system in Columbia Heights. Nawrocki asked if the present Fire Chief is certified in the role of Civil Defense Director. Johnson stated that the Fire Chief is certified. Fire Chief Gmy Gonnan indicated that the City Manager is the Civil Defense Director and he is the Deputy Director. The statewide agreement gives Emergency Management the power to give services to other cOlmnunities. This would also allow mutual aid of the Public Works equipment or services to other cOlmnunities. RESOLUTION NO. 2005-44 RESOLUTION BY THE CITY OF COLUMBIA HEIGHTS PROMOTING THE USE OF INTRASTATE MUTUAL AID AGREEMENTS Whereas, Chapter 12, Section 12.331 allows for intrastate mutual aid, and direct timely assistance between jurisdictions is critical: and Whereas, the possibility of the occurrence of nahrral and other disasters of major size and destructiveness exists and is increasing; and Whereas, there is a need to ensure that preparations of Columbia Heights will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and Whereas, it is necessmy to provide for the rendeJP. 7 of mutual aid among the political subdivisions of the state and to City Council Minutes August 22, 2005 Page 3 of 12 cooperate with the federal government with respect to carrying out emergency management functions; and Whereas, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and Whereas, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan, and in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual aid arrangements; and Now, Therefore Be It Resolved, that the City of Columbia Heights promotes the efficiency and effectiveness of intrastate mutual aid by designating the City Manager or his designee, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or other similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of Columbia Heights itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. RESOLUTION NO. 2005-45 DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN COLUMBIA HEIGHTS Whereas, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive National Incident Management System (NllvlS); and Whereas, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a national incident management system; and Whereas, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking and reporting of incident information and incident resources; and Whereas, Minnesota Govemor Tim Pawlenty issued Executive Order 05-02: designation of the National Incident Management System (NIMS) as the basis for all incident management in the State of Minnesota; and Whereas, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS;and \V'.uereas, the NllvfS standardized procedures for managing personnel, c0U11ilur.Jcations, facilities, al"1d reSOUices will improve the ability of Columbia Heights to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and Whereas, the incident command system components of the NIMS are already an integral part of various incident management activities throughout Anoka County, including current emergency management training programs; and Whereas, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized incident command system; and Now, Therefore, the Columbia Heights City Council does hereby establish the National Incident Management System (NIMS) as the City of Columbia Heights standard for incident management. 6) Approve the Items Listed for Rental Housing License Applications for August 22. 2005 Motion to approve the items listed for rental housing license applications for August 22, 2005. 7) Approve a Professional Services Agreement with SEH for Huset Parkway - removed 8) Approve a Professional Services Agreement with Pro Source for Huset Parkway - removed 9) Authorize Additional Segments to the 2005 Water Main Cleaning and Lining Program. City Proiect 0504 Motion to authOlize the addition of Jefferson Street segment from 48th to 49th Avenues to the 2005 water main cleaning and lining program, ~8er the Minneapolis Program at an additional cost of City Council Minutes August 22, 2005 Page 4 of ] 2 $16,300, with funding from the Water Construction Fund, 651-50504-5130. Kevin Hansen, Public Warks Director, stated funds would come from the Sewer and Water fund. 10) School Liaison Officer Contract with School Dishict #13 for 2005-2006 Motion to authorize the Mayor and Chief of Police to enter into a Joint Powers Agreement with School District #13 for the provision of a police school liaison officer as stipulated in the Joint Powers Agreement for the period of September 1, 2005 through June 8, 2006. Nawrocki questioned the amount not being 50 percent of an officer's salary. Fehst stated it is 50 percent of the salary dming the school year. 11) Adopt Resolution No 2005-42, Being a Resolution Adopting the 2006 Business License Fee Schedule Motion to waive the reading of Resolution No. 2005-42, as there are ample copies available to the public. Motion to adopt Resolution No. 2005-42, being a resolution adopting the 2006 Business Licensee Fee Schedule as presented. Nawrocki stated that license fees have to relate to actual administrative costs and asked what those costs were. Fehst stated this is reviewed and recommended by the Depmiment Head and the City Attomey. City Attomey Jim Hoeft stated that fees are detennined to the best of our ability, and that the requirement relating to expenses of the city has been in place for a number of years and is the procedure followed. Peterson stated that the pawn shop license received a lot of consideration by Council. Nawrocki requested to see the written cost review. Fehst stated there are no minutes of these staff meetings. Nawrocki expressed cone em to stay within the law. Peterson questioned liquor licenses ranging :from $300 to $8,000, and stated that club licenses require as much to administer as liquor licenses. Hoeft stated that license fees are anemic and do not even cover the actual cost. Peterson stated this has previously been reviewed by the City Council. RESOLUTION NO. #2005-42 ADOPTING 2006 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2006. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 22, 2005 as presented. 13) Approve Payment of Bills Motion to approve payment ofthe bills out of the proper funds as listed in the attached check register covering Check Number 113918 through 114078 in the amount of$I,355,253.83. P.9 City Council Minutes August 22, 2005 Page 5 of 12 Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, with the exception of #3, #7, and #8. Upon vote: All ayes. Motion carried. 7. Approve a Professional Services Agreement with SEH for Huset Parkway - removed Nawrocki stated he is opposed to the project and would not vote in favor. He questioned how the cost split would be detennined. Hansen explained the 60-40 split. He stated that we would do the inspections and charge the time against the proj ect. Motion by Williams, second by Eticson Diehm, to approve the Professional Services Agreement with SEH for engineeting consultant services for the construction phase ofHuset Parkway in an amount not to exceed $25,000. Upon Vote: Kelzenberg, aye; Williams, aye; Eticson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 8. Approve a Professional Services Agreement with Pro Source for Huset Parkway - removed Motion by Williams, second by Kelzenberg to approve a Professional Services Agreement with Pro Source for enviromnental engineeting services for Huset Parkway in an amount not to exceed $37,500. Upon Vote: Kelzenberg, aye; Williams, aye; Eticson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Public Heating called for Revocation/Suspension ofRentai Housing License at 1131 40th Avenue NE Mayor Peterson closed the Public Heating regarding the revocation or suspension of the rental license held by Segundo Ramon regarding rental property at 1131 40th Avenue N.E. in that the violations have been corrected. B) Public Heating called for Revocation/Suspension of Rental Housing License at 1336-1338 43 1'2 Avenue NE Mayor Peterson closed the Public Heating regarding the revocation or suspension ofthe rental license held by Ismael Omer regarding rental property at 1336-1338 43 Yz Avenue N.E. in that the violations have been corrected. B) Public Heating called for Revocation/Suspension of Rental Housing License at 3731-33 Pierce Street NE . Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Hydahm Ketim regarding rental propeliy at 3731-33 Pierce Street NE in that the violations have been corrected. C) Public Heating called for Revocation/Suspension of Rental Housing License at 3726 3rd Street NE Mayor Peterson closed the Public Heating regarding the revocation or suspension ofthe rental license held by Tn Holdings regarding rental property at 3726 3rd Street NE in that the violations have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 543 40th Avenue NE Mayor Peterson closed the Public Heating regarding the revocation or suspension of the rental license held by Kiros Tesfaye regarding rental property at 543 40th Avenue N.E. in that the violations have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 600 51 st A venue NE Mayor Peterson closed the Public Heating regarding the revocation or suspension of the rental license held by Anthony Chester regarding rental property at 600 51 st Avenue N .E. in that the violations have been corrected. P.lO City Council Minutes August 22, 2005 Page 6 of 12 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance 1493, Vacating a Portion of 5th Street N.E. PelTY Thorvig, City Planner, indicated the Planning Commission has reviewed all vacations requested of underlying propeli)'. The recommendation is to approve the vacation as shown with reservation of a utility easement. Hansen stated the process was approved by Council three months ago and this is part of the process. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1493, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1493, vacating a portion of 5th Street NE for Monday, September 12, 2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 2) First Reading of Ordinance 1494, 1495, and 1496, Vacating a Portion of3Sth Avenue NE, 39th Avenue NE, Lookout Place, and the Adiacent Alley Thorvig indicated each vacation and easement 011 a map. He stated the wording should be. changed on Ordinance 1495 vacating 39th Avenue NE eliminating Section 2. In Ordinance 1496 Look Out Place, Section 2 should read "a utility and drainage easement is hereby reserved" and eliminate language through "Qwest", and after look Out Place insert "describe". Nawrocki questioned ifthe carriage homes would have access to the parkway. Thorvig stated the garages are to the rear and will not have access to the parkway. Motion by Ericson Diehm, second by, Williams, to waive the reading of Ordinances No. 1494, 1495 and 1496 there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to establish second readings of Ordinances No. 1494, 1495, and 1496 vacating a portion of3Sth Avenue NE, vacating a portion of 39111 Avenue NE, and vacating a portion of Lookout Place and adjacent alley. Upon vote: All ayes. Motion carried. 3) AdoVt Emergency Ordinance No. 1497, Being an Ordinance Revlacing Emergency Ordinance No. 1481, an Ordinance Repealing Ordinance No. 1449, and Imposing a Moratorium on Motor Vehicle Sales and/or Lease Dealerships in the General Business Districts Motion by Kelzenberg, second by Williams, to waive the reading of Emergency Ordinance #1497, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Emergency Ordinance #1497, being an Ordinance imposing a moratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. Upon vote: All ayes. Motion carried. EMERGENCY ORDINANCE NO. 1497 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amenchnent~ ;~ officially known as the Columbia Heights Zoning and Development Ordinance; and, P. 11 City Council Minutes August 22, 2005 Page 9 of 12 Developer paying for the inspections. We promoted a regional pond for the entire area with a 50/50 maintenance split. It also sets requirements for Park Dedication. The Shafer Richardson development company for the project is Huset Development Corporation. Nawrocki questioned the separate corporate name. Hoeft indicated tIns is not relevant, as the security posted is 125 percent ($1,836,000) ofthe development contract and the City can hold occupancy certificates until all agreements and improvements are completed. Nawrocki questioned the costs. Hoeft and Hansen referred to the exhibits distributed. Nawrocki questioned the cost of the pond. Hansen stated he did not have that infonnation with mm, as the stonn water pond is not part ofthe development plan - it is part ofthe parkway. Nawrocki stated that the pond is for the development, therefore they should pay for it. Hansen clarified reasons for the ponding. Hoeft clarified Paragraph 7.3 - No remedy exclusive. In the developer's redraft there was language by the developer that the city should not be able to draw on the deposit or bill the developer. We need to include that limitation to the extent the letter of credit reimburses the City. If not fully reimbursed, the City may have the work done and bill the developer. Clarification of9.61C re: 50/50 sharing of the pond maintenance and cleaning the stonn sewer grid on an annual basis, should be changed to include annual maintenance. Peterson asked if the developer is in agreement with tms. Hoeft stated he was. Revised motion by Ericson Diehm to accept and include the City Attorney's changes. Revised motion seconded by Kelzenberg. Nawrocki stated he is against the project because of the loss of industrial land in the community, and the mgh density. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3) Approve Preliminary Plat for Phase 2, Huset Park Industrial Park Redevelopment. Thorvig described the location and indicated Planning COlmnission approval subject to celiain conditions. He described the proposed buffer between the University Avenue curb and the development. The other issue is the design of the fence. They developer requested a combination of wrought iron and wood rence. The recOlmnendation is ror wrought iron along the entire distance with stone/brick columns. The developer is concerned about losing the four units adjacent to the fence because of set back requirements. Tills recommendation is only for the preliminary plat, with several conditions required. Nawrocki questioned parking for phase one and two. Thorvig stated that each unit would have a two car garage, with a street widths fi.-om 22 to 28 feet. He pointed out where there would be parallel parking and parking bays. There are 87 additional parking spots for tms area. Each garage allows two vemcles and each driveway allows an additional two vemcles. The distance from the garage to the street is 22 feet. Brad Schafer, Schafer Richardson, indicated there would be an additional area, called Phase III. Nawrocki questioned the number of units there. Schaffer indicated a preliminary number of209 units with 57 units on the NE comer by the roundabout, including commercial space. Motion by Ericson Diehm, second by Williams, to approve the Preliminary Plat for Phase 2, Huset Park Industrial Park Redevelopment subject to conditions recOlmnended by the Planning COlmnission and staff. P.12 City Council Minutes August 22, 2005 Page 1 0 of 12 Nawrocki question the square footage of each housing type. Peterson stated that each type meets our requirement. Brian Sullivan, Ryland Homes, stated the two story homes are 1,600 to 1,800 square feet. There were three alternative housing types for the Planning & Zoning Commission to consider. Ericson Diehrn suggested watching the Planning and Zoning Commission meeting on Cable TV, to view the extensive discussion on the topics. Peterson questioned if marketing was completed to determine housing types. Sullivan stated yes, that is why the third style was included. Peterson again stated this is a preliminary plat. Schafer referred to the good working relationship with staff over the past two years, but the Ul1iversity Avenue setback is being debated. This was the reason for agreement to the wrought iron fence. The homes planned at the 42 feet setback and are impOliant to the financial needs ofthe project. In Minneapolis homes are 15 feet from University Avenue. Nawrocki stated less concemed about distance from the road and more concern about spacing between units, parking, and where kids will play. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ADlVIINISTRATlvE REPORTS Report of the City Manager e Continue to meet with Deparhnent Heads and Finance Director on the Budget. . Regarding the owner of 44th and Stinson present at the last meeting - it is not being rezoned and we will work with the County on this. . Following up on complaints from the last Council meeting. . Meetings this week will include a walk through of the Public Works Building renovation. Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Kelzenberg . See people working on their yards and appreciates it. . Booster golftoumament tomorrow. Williams . Thanked the Attorney for his work that is not cOlmnented on, along with the Public Works Director . . The Gateway Park is beautiful. The work was lead by Sylvia Okerstrom and the volunteer Beautification COlllinittee. F ehst referred to Sue Murzyn's volunteer work on the flowers at City Hall. e Wished everyone a nice Labor Day. e School will start before the next Council meeting. III Delegation is preparing for hip to our Sister City in Poland. We need to have a W orId Wide Ambassador, which should be Wally Logacz. . Continue to pray for health, peace, and prosperity of our city. Ericson Diehm e Wednesday, August 24, Ice Cream Socil'_~ ~Iuset Park garden building from 6:00 to 8:30 p.m. City Council Minutes August 22, 2005 Page 11 of 12 and is sponsored by the Vote Yes for Kids Committee to learn about the upcoming levy referendum. . The Fire Depaliment will host an open house on Saturday, October 1. This is their fIrst open house in 20 years and they aloe looking for donations from the business community. Fehst stated that Fire Chief Gary Gorman is doing afantasticjob in his new role. He is velY good at what he does. e Wished Mr. Nawrocki a Happy Birthday as of yesterday. Nawrocki . We spent money on Central Avenue on colored concrete, but it is going backward because of temporalY signage. . Requests better ongoing fInancial reporting on development dollars spent on consultants, staff time, and where money is to come from. e Questioned reference in green sheet to presentation fi-om Streetar and Mayor to residents behind McDonalds. . Volunteers were recognized this past week at the LibralY. . Last Fliday was the Palokview Villa picnic. . Request from Flidley for support oftheir request for State funding for Splingbrook. As a regional facility, we should support it and it would cost us nothing. Fehst stated that we will not be competing for any ofthese state funds and the item will be on the September 12th agenda. ~ The Police C}1ief is checking on bike licensing. Tl1is was previously done by the State. . Still trying to fInd out the cost for work done outside of the LibraJ.Y. Snow plows will hit this curb. Peterson . Columbia Heights has a lot of volunteers - at the Library, Sister Cities, Library Foundation, Tri- City Hockey, BeautifIcation Connnittee, and 501 C3 group. The holiday kick off party funds bought a sound system for the Recreation puppet wagon. . The Booster golf tournament is tomOlTOW. . Friday will be the Jeff, Bobby, and Steve's Autoworld golftoUrnall1ent. The Columbia Heights activity fund will be a benefIciaJ.Y, along with the Autism Foundation and the Red Cross. Past donations include $3,500 to the Library Foundation and $3,500 to the Wheelchairs For Peace program, which will distribute the 240 wheelchairs in Poland. This is all done by volunteers. . On Saturday, the two graduated CERT groups will join a larger group for a rodeo training session. Calls were placed on the automated call system. These people are also volunteers. e A service man recently back from Iraq was appointed HonoralY Mayor to judge the karaoke contest at the car show. It was wonderful to meet him and thank him for his service. We need to thank our service personnel. Williams described the dedication ceremony at Kordiak Palok for soldiers killed in WWII. He stated that Councilmember Nawrocki was very eloquent. Peterson read the safety reasons for the curbing placed at the Library. The cost was $1,717 and will be shared between depaliments. The process is similar to work at other city facilities. We must maintain our buildings. Peterson thanked Gil Mros for spearheading the plaque dedication at Kordiak Park. It was very moving when the WWII vets came forward. Nawrocki stated that the plaque was for all service personnel from Anoka County. Peterson . Don't take ourselves too seriously and d<p.-{4,11ldom act of kindness. City Council Minutes August 22, 2005 Page 12 of 12 ADJOURNMENT Mayor Peterson adjourned the meeting at 10:06 p.m. . Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.lS S--A-2 -~ ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES JULY 26,2005 CALL TO ORDER/ROLL CALL Vice President, Jindra called the meeting to order at 7:04 p.m. Present: Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera Ericson Diehm, Gary L. Peterson and Bruce Kelzenberg Absent: Don Murzyn Jr. PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Payment of Bills Motion by Ericson Diehm, second by Kelzenberg, to adopt the consent agenda items as listed. All ayes. Motion Carried. ~ PUBLIC HEARING Resolution 2005-11. Authorizin2" the Sale ofPiOperry to Huset Park Development Corporation Schumacher stated the Columbia Heights EDA is the owner of the Steel Tech property in the Industrial Park through eminent domain. The City needs to hold this public hearing to meet the requirements of the agreement to transfer the property to the developer. Nawrocki asked how much money is in escrow and does the developer get reimbursed. Schumacher stated there was approximately $477,000 for the appraisal of the property and equipment in the building, which the developer will reimburse to the City. City Attorney, Steve Bubul, stated the reimbursement to the developer is a part of the TIF agreement in an amount not to exceed 17.9 million, which could be subject to adjustment in the end depending on how the final costs come out. lVIotion by Williams, second by Kelzenberg, to open the Public Hearing. .AJl ayes. Motion Carried. There were no public comments. Motion by Williams, second by Ericson Diehm, to close the Public Hearing. All ayes. Motion Carried. Motion by Williams, second by Ericson Diehm, to Adopt Resolution 2005-11, Authorizing the Sale of Property to the Huset Park Development Corporation; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon vote: Jindra- aye, Kelzenberg- aye, Nawrocki- nay, Williams-aye, Ericson Diehm-aye, Peterson- aye. Motion Carried. ITEMS FOR CONSIDERATION Approval and Modifications to the Schafer Richardson Contract for Private Development Schumacher stated under Section 8.2 of the Development Agreement, Schafer Richardson is allowed to transfer portions of the redevelopment property to qualified sub-developers upon P.16 Economic Development Authority Meeting Minutes July 26, 2005 Page 2 of6 approval of the EDA board and may assign certain rights and obligations to the sub-developers in connection with such a transfer. At this time, Schafer Richardson is proposing a transfer of a portion of the redevelopment property to Ryland Homes Inc. and proposes to assign some of it's rights and obligations. The City's legal counsel, Steve Bubul has reviewed the documents and is here to answer any 'questions the board may have. Steve Bubul stated the refinancing note works by: 1) EDA issuing TIF notes to the developer, which will be paid back to the City over the period of time after the development is finished; 2) Tax Increment Revenue Bonds will be issued through the bank, payable only with the tax increment coming in; and 3) the interest on taxes will be lower for the financing. Bubul stated Ryland will put money forth, the developer can take the TIF note from the city to the bank stating that the City will reimburse them in future years through the Tax Increment Note. There is a provision in the contract states the 17.9 amount will be looked a4and if that amount is higher than expected, the dollar amount for the note will be adjusted to fit. This would be all of the development costs, but excluding the building. Nawrocki asked how much of the 17.9 will Ryland get. Evan Rice, Faegre and Benson stated it was approximately 7.9%. Nawrocki stated on page two, completion date, are we talking about the individual lots or the overall development. Bubul stated the board just needs to be a signatory to Schafer Richardson transferring approx. 60 percent over to Ryland, which is in the contract the EDA has with Schafer Richardson. Rice stated Schafer came to the city with the notion of compiling the various properties, came to the city to develop a contract to help obtain the properties and develop what the city wants on the site. It was contemplated from the beginning that Schafer Richardson would possibly build some or all of the property in that area, tonight we are coming to the EDA to approve the sale of a portion of the development property to Ryland for development, the contract between Schafer Rirh"nrrl<'rlJ1 nJ1r1 R"lnJ1r1 <,tnto<, tho1l ,Alill '-'O"WInl" ,Alith all nf" tho "e"oTnnmenf an-vee""'e"f ..a.,.................. _u......... .......,.._ ..&.....}'..."""'"...... .............&.o"-'u "'."'''''.1' '1"'""'" '-' ""Y".J' rya,. '''' ..J. ~I itll<L..- IN Yr;.,"V]J'1 '" 5' Ill- t".. specifications. Ryland is basically buying a pad from Schafer Richardson that has already been flattened for development of the site. The agreement changes the DEED grant specifications from a 20% requirement to a 10% requirement, which is what the City was lookil1g for in the development agreement, to make sure not only one developer uses the land for,development and the City can specify what type of development they want on the site. Nawrocki asked who would be responsible for the utilities and street costs. Streetar stated it would be Schafer Richardson per the development agreement. Nawrocki stated on page 9, letter E real estate taxes against theproperty, would this be based on the sale of individual lots. Rice stated as a example that Schafer buys properties today from Ryland, so Schafer would be responsible for the taxes up until today and Ryland would be responsible for taxes starting tomorrow. Ericson Diehm stated she didn't know why we don't know what we are getting, it was in the development agreement that we approved, Mr. Nawrocki you are the one that went out and looked at some of their properties and brought them to our attention. Nawrocki stated he P.17 Economic Development Authority Meeting Minutes July 26, 2005 Page 3 of6 doesn't know what we are getting. Williams stated he understood what we approved, wasn't concerned with the agreement between Schafer and Ryland as Schafer will be responsible for this, and that we should only be concerned with the money coming into the City. Bubul stated that is the main thing, the TIF funds coming in. Williams stated we could go over the agreement 100 times with Schafer Richardson and Ryland and it still wouldn't make a difference with the funds that the City will receive and that they are a big company and have 'built all over the United States, therefore we shouldn't worry about this. Nawrocki stated on page 12, moratorium, we have 2 moratoriums in the City currently, twin homes and car sales, does this affect this housing. Streetar stated it does. Nawrocki stated under A-I legal description of property, is there some kind of description to be added to the document. Bubul stated it would be added. -1' Nawrocki stated under C-1 site plan is 5th street going to continue to go through or not. Kevin Hansen, Public Works Director stated it goes from 3 ih to 38th, and that it will connect to Huset Parkv,;ay from the north. Nawrocki stated he has brought it up in the past whether this project could be specified as owner occupied and was told they couldn't do it. He has talked to Fridley and they stated there is a way to do it. Streetar stated in Fridley the developer did that on his own and that Ryland could also put this in the homeowner agreement. Fehst stated he talked to the City Manager of Fridley and verified that the developer put this in their agreement with the homeowners and that he felt this was a good issue and was glad Nawrocki brought this up. Ericson Diehm stated for the record that the firm she works for does represent Ryland homes, but she doesn't have any direct affiliation with them. Motion by Williams, second by Kelzenberg, to Approve the letter for Modifications to the Schafer Richardson Contract for Private Development dated July 8, 2005, and authorize the authorities representative to execute same. . Upon Vote: Jindra-aye, Williams-aye, Kelzenberg-aye, Nawrocki-nay, Ericson Diehm-aye, Peterson-aye. Motion Carried. Sarna Development Aereement- 40th & University . Schumacher stated asof April 26th EDA meeting Jim Sarna and the Solz brothers presented a concept plan for 40th & University, the board approved the Preliminary Development agreement on June 28th and directed staff to work with the Sarna's to prepare a Development agreement. Staffis recommending thefollowing business points be discussed: 1) Purchase price- of$75,000 cash upon closing; 2) platting- would be required on all property and would go before the Planning Commission; 3) Lookout Place- the City would use adminzstrative action to vacate Lookout Place, along with physical removal of the street section and when the City vacates the property we would be required to give the adjacent property owner 3.5 feet; 4) 322 4dh Ave, the old MGS building- the developer would be responsible for the removal of the building and clearing of the land; 5) the alley- the developer requested bringing it to the easterly portion, P.18 Economic Development Authority Meeting Minutes July 26, 2005 Page 4 of6 when the City sold the property at 325 summit to Mr. Gondek he was aware the portion was broke off to be used for redevelopment; 6) Ponding- the City's stormwater management ordinance allows a monetary fee to be paid in lieu of providing the system. Kevin Hansen stated the problem with the existing pipe is that it isn't large enough to handle the amount of water generated from this development, so the pipe would need to be replaced with a larger one; 7) University Avenue turn-back- staff is working with MNDOT to vacate the east 30 feet of University Avenue, which would we would turn back over to the adjacent property owners abutting this roadway at no cost to the City for removal of the bituminous or any landscaping; 8) New access for 3901 Lookout Place (ME Global)- it would be the responsibility of the developer to provide an alternative access point onto Lookout Place; 9) sidewalk- would be at the developers expense and meeting all city requirements; 10) 334 40th Avenue (Gondek property)- the developer would agree to enter into an easement to grant access through the development property to access their existing driveway/garage; 11) design guidelines- the developer must meet all existing requirements; and 12) Variance-the parking set back on tJw site plan adjacent to University Avenue shows 5 feet, our City Ordinance requires 15 feet, Sarna is requesting a variance as there will be an additional 30 foot green area between the parking lot and University Avenue with the vacation of the frontage road. Nawrocki asked where would the pond be placed and why doesn't MNDOT want to let that property go. Kevin Hansen stated the pond would be a part of the Phase I plat of Huset Park. Schumacher stated MNDOT couldn't answer that question, but did say they may want to use it someday. Williams stated the Sarna's could get a lease on the property from MNDOT, as he leases property at one of his gas stations, you can't put any structures on it, but could rent it and put in shrubs Dr trees. Resident, Joyce Shellito, 403 Summit Street, asked where the stormwater drain in the alley behind her house f!oes. and if thev chanf!e the size of the vive who would be resvonsible to vav l.J' J '" l..J J.L .... .L.l. ... for it. Hansen stated it goes through part of the alley, down through her property, then to the East down Summit to 5th Street, which the developer would be responsible for all costs incurred. Williams asked Gondek why he doesn't give the developer a first right of refusal agreement. Gondek stated he has already signed one with someone else that is interested in his property, when he is ready to sell. He has 5,000 ft of space in the basement of his building that would be no good to anyone if he can't get into that garage door, that he has been trying to meet with the Sarna's for the past couple of months and has always been told that they would call him and this never happened, Schumacher stated the alley would be 6.8 ft away from the house, which reduces the value of his property. Sarna stated he is willing to meet with Mr Gondek and would talk to him after the meeting to make arrangements. Williams stated Gondek new when we sold him the property that we would be using that area for development and asked what the City Ordinance states the requirements are for easement are. Schumacher stated this would all be addressed at the Planning and Zoning Commission meeting at a later date. P.19 Economic Development Authority Meeting Minutes July 26, 2005 Page 50f6 Streetar stated in regards to the parking, there is more than enough parking and can be shared through a shared parking arrangement, rather that tlY to split it. Streetar stated staff is really lookingfor direction from the board on: 1) is the restaurant what you want on this cOrner; 2) does the development agreement meet your requirements; and 3) is there any more information that you want. Nawrocki stated his concerns are: 1) it isn't a restaurant, it's a sports bar; 2) they are talking a 6,000 sq foot building, and in the future making the basement available for rental, which would require more parking spaces, then between the deck and regular restaurant, there wouldn't be enough parking spaces; 3) he heard they offered approx. $550,000 for the Mr. Steak property and now we are talking about selling the property for $75,000, which is a steal, we need a better appraisal for the land; and 4) need an agreement for the ponding space. 4' Nawrocki asked if the access would be coming off of 40th and ifso, is that the only access and would the sidewalk be adjacent to the street line. Hanson stated the access would be on 40th and it would be the only one and the sidewalk would be 5 feet so it would meet up with the rest of the 'd 1'''; ddh 81 e wa r.tng on 'v . Peterson stated these issues are apart of the design guidelines the planning commission will address, we had a study (the McComb study) done, which stated a restaurant was the type of facility that would profit at that site. Back when he was going to purchase the property, he was going to pay $75,000 but wasn't going to pay for the curb costs, ponding, demolition of the building, and sidewalk changes. It is not a real good buildable site, and we won't get another builder to look at this site if we let this agreement go. Gondek asked the board to remove the termination clause for the easement. Williams stated this is just an agreement to develop, and that the Planning and Zoning Commission would be addressing the easement issue. He measured a total of 35feet that he needs to access his garage door. Schumacher stated the developer needs to move ahead and need this agreement signed in order to assure them spending a lot of money on this development. Williams felt we need to abide with the commitment that they made with Gondek for the easement and he would support the motion. Ericson Diehm stated we should have a meeting with staff Mr. Gondek and the developers. Motion by Peterson, second by Kelzengerg, to Approve a Development Agreement with David M. Sarna, James A. Sarna and James J. Sarna for the redevelopment ofthe City owned property at 40th & University area as outlined in the business points of the staffmemo, subject to EDA Board amendments and modifications, and furthelIDore; to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Jindra-aye, Nawrocki-nay, Ericson Diehm-aye, Kelzenberg-aye, Williams-aye, Peterson-aye. Motion Carried. Amendment to motion by Williams, second by Nawrocki, to strike the clause for the easement. All ayes. Motion Carried. P.20 Economic Development Authority Meeting Minutes July 26, 2005 Page 6 of6 Gordy Solz stated they could work with Mr. Gondek but the Sarna's would like to talk to their attorney on this issue. Other Business Nawrocki objects to having public meetings without finding out if all of the members of the board can attend the meeting, and common sense is that we should insure this. ADMINISTRATIVE REPORTS- None ADJOURNMENT Vice President, Jindra, adjourned the meeting at 9:16 p.m. Respectfully submitted, ;J L -A-~/ ~- Ch~l Balck~ Community Development Secretary -"" H: \EDAminutes2005\ 7 - 26-2005 P.21 s--A -2-1> COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES August 2, 2005 The meeting was called to order by Chair, Barbara Miller. Those members present were Nancy Hoium, Patricia Sowada, Lynette Thomson, Barbara Miller, Catherine Vesley, and Becky Loader. Bruce Kelzenbergjoined the meeting at 7:10 p.m. It was moved, seconded, and passed to approve the minutes ofthe July 12, 2005, Board meeting as mailed. Bill list dated 7/25/05 was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 8/8/05 was presented from the floor. It was reviewed, moved, seconded and passed that they also be paid. The accounting was reviewed. The Board requested that the August meeting be re-scheduled next year to accommodate the conflict with National Night Out. Bruce Kelzenberg left the meeting at 7:20 to participate in additional neighborhood gatherings. Old Business: 1. Proposed 2006 libr&.~j budget ,:vas discussed. .J.A~ meeting \vith the Fil'18..t"tJce Director and Cirj }l1anager "\-vas held. The Finance Director has requested each department to prepare a Power Point presentation for the upcoming budget meetings. All will follow a standardized format. The fmal date for the joint City Council and Library Board meeting has not been established at this time. 2. Foundation BoardlLibrary Board retreat plans are fmalized. All Board members responded that they would be at the meeting. 3. Page interviews were held and 3 pages have been hired. Two will have regular scheduled hours and the third person will be available as a substitute. Training begins on August 8. 4. ILS update was provided. The OP AC (Online Public Access Catalog) committee has made changes to the catalog. 1 P.22 New Business: 1. The announcement by Baker and Taylor that they would no longer be supplying videocassette format films was discussed. It was moved, seconded and passed to transfer $2,000 from line item 2184 (video cassettes) to line item 2189 (DVD). 2. St. Paul Pioneer Press article about the change over to DVD format was reviewed. 3. Focus article of 7/21/05 about the new ILS computer system in Anoka County was reviewed. 4. The one page annual report from Anoka County Library was shared with the Board. 5. Volunteer Recognition reception is planned for August 18 from 11:30 a.m. to 1:30 p.m. Board members were asked who could attend. Barb and Nancy both said they could attend. The other Board members were not available. 6. A Shareformance will be held on August 3, at 7:00 p.m. in the Library Activity Room. This presentation is by the participants in the Children Theatre's Neighborhood Bridges workshop "Tell Me More". Everyone is invited to attend. There being no further business the meeting was adjourned at 7:50 p.m. Respectfully submitted, q~ iI7. ;4C!~cf Jefnine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 P.23 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ~-A-) ORIGINATING DEPT: CITY MANAGER NO: FrNAN~E oUfj~ AP~ ITEM: BUDGET WORK SESSION ,,4 I- MEETING DATES BY: WILLIAM ELRITE BY: NO: DATE: AUGUST 15,2005 DATE: Meeting of: September 12, 2005 Below are the budget work session meeting dates for the 2006 budget. Wednesday, October 5 at 7:00 p.m. Library Activity Room: Library Wednesday, October 26 at 7:00 p.m. Gauvitte Room: Recreation Thursday, October 27 at 7 :00 p.m. Thursday, October 27 at 7:30 p.m. Thursday, October 27 at 8:00 p.m. Thursday, October 27 at 8:30 p.m. City Hall Conference Room: Fire City Hall Conference Room: Public Works City Hall Conference Room: General Govemment City Hall Conference Room: Administration Monday, November 7 at 7:00 p.m. Monday, November 7 at 7:30 p.m. Monday, November 7 at 8:00 p.m. Monday, November 7 at 8:30 p.m. City Hall Conference Room: Community Development City Hall Conference Room: Police City Hall Conference Room: Finance and IS City Hall Conference Room: Liquor Monday, November 21 at 7:00 p.m. Monday, November 21 at 8:00 p.m. Final Budget Work Session. Summmy of total budgets. Decide on final cuts, add-backs, and the final levy. Monday, December 5 at 7 :00 p.m. City Council Chambers: Final budget meeting with the public. RECOMMENDED MOTION: Move to set budget work session meeting dates to review the 2006 budget as stated above. WE:sms 0508153COUNCIL COUNCIL ACTION: P.24 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 12,2005 AGENDA SECTION: Consent NO: 5-A-l-\ ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL ITEM: Establish Meeting date with Heritage Heights neighborhood for Sept. 28,2005 NO: BY: Walter R. Fehst DATE: September 7,2005 It is suggested to schedule a City Council and Heritage Heights neighborhood meeting for Wednesday, September 28,2005 beginning at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to schedule a City Council and Heritage Heights neighborhood meeting for Wednesday, September 28,2005 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: P.25 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ;; ~ A ~j ORIGINATING DEPT: CITY MANAGER NO. Finance APPROVAL By:~/4 / ITEM: BEING A RESOLUTION ADOPTING A BY: Willi~e r PROPOSED BUDGET FOR THE YEAR 2006, SETTING LA) THE PROPOSED CITY LEVY, APPROVING THE HRA DATE: 08/11/2005 LEVY, APPROVING A TAX RATE INCREASE AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE]},J 2006 NO: Meeting of: September 12, 2005 The City of Columbia Heights proposed levy and total budget for the General, Library and EDA Funds was discussed at the City Council work session of August 16, 2005. Based on that discussion, staff is recommending adopting the attached resolution setting a proposed budget and a proposed levy for 2006. This is the maXLlTIUm amount the City can levy_ During the budget process and at the Truth in Taxation hearing in December, the City Council can reduce this levy. However, the amount that is adopted as a preliminary proposed levy cannot be increased after September 15, 2005. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-43 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-43 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $ 6,440,917, establishing a budget hearing date for property taxes payable in 2006 for December 5,2005 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of$ 161,366. f\LTEP.J'.lp1.TE IvIOTIOl'-J: I'-v1ove to adopt Resolutiol1 2005-43 being a resoIlltion adopting a proposed budget, setting the General, Library and EDA proposed levy at $ 6,347,537, establishing a budget hearing date for property taxes payable in 2006 for December 5,2005 at 7:00 p.m. in the City Council Chanlbers, approving a tax rate increase, and approving the HRA levy of$ 161,366. WE:sms 0508112COUNClL COUNCIL ACTION: P.26 RESOLUTION 2005 - 43 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2006, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2006. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2006 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,315,313 834,538 246,331 123,161 204,228 636,521 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 1,548,249 1,377,165 312,544 268,840 2,060,496 35,957,473 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2006: General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers Revenue 8,315,313 834,538 246,331 123,161 204,228 636,521 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 1,548,249 1,377,165 312,544 268,840 2,060,496 35,957,473 P.27 RESOLUTION 2005 - 43 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2006, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2006. Section C. The following sums of money are levied for the current year, collectable in 2006, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 5,892,866 Estimated Library Levy 463,086 Estimated EDA Fund Levy Total 2006 Levy 84,965 6,440,917 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2006 in the amount of $161 ,366. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget meeting is scheduled for December 5, 2005 at 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2006 that is higher than the tax rate calculated for the city for taxes levied in 2004, collectable in 2005. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2006 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2006. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ----- day of ----------------- Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk P.28 AGENDA SECTION: 5 -A-to ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPRO V AL ITEM: Adopt resolutions 2005-48 and 2005-49, BY: Randy Schumacher BY~ ~ / accepting the bid for building demolition, removal DATE: September 8, 20Q5 .~t?j '-- of contaminated soils and abatement of hazardous ~ materials in the Industrial Park (phase IT) COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: September 12, 2005 BACKGROUND: In November 2004, the City of Columbia Heights applied for cleanup funds for the redevelopment of Phase II of its Industrial Park. Phase II consists of the Mp1s. Electric Steel Foundry and seven outbuildings at 3800 5th Street, comprising a total of 260,000 square feet of former industrial buildings. The State of Minnesota and the Metropolitan Council awarded a grant to the City in the amount of $871,789.00. The City has entered into a redevelopment agreement with Schafer Richardson thus allowing the City to move ahead with expenditure of the cleanup grant. The City's environmental consultant, Pro Source Technologies, prepared a bid request for building demolition and removal of contaminated soil, as well as a bid for the removal/abatement of restricted and/or hazardous materials, both for Phase II of the Industrial Park. The bids were advertised and at the bid opening, held on September 8,2005, the bids for demolition and excavation ranged from a low of $497,035.00 to a high of $697,714.00. The low bid was submitted by Veit & Companv Inc.. Veit & Company Inc. was also the lowest bidder on the bid request for hazardous materials removal/abatement, which ranged from a low of $97,355.00 (Veit's bid) to a high of $126,310.00. RECOMMENDATION: Staff recommends adoption of Resolutions 2005-48 and 2005-49, accepting the bids from Veit & Company Inc. for both the demolition and removal of contaminated soil and hazardous materials removal/abatement in the Industrial Park Phase II area. RECOMMENDED MOTION: Move to waive the reading of Resolutions 2005-48 and 2005-49, there being an ample number of copies available to the public. RECOMMENDED MOTION: Move to adopt Resolutions 2005-48 and 2005-49, resolutions accepting the low bid fl.'om Veit & Company Inc. for the building demolition and removal of contaminated soil in the Industrial Park (phase II) in the amount of$497,035.00, Columbia Heights, Ml'f and the low bid fraln Veit & Company Inc. for the abatement/removal of hazardous materials in the Industrial Park (phase II) in the amount of$97,355.00, Columbia Heights, MN. Attachments COUNCIL ACTION: P.29 RESOLUTION NO. 2005-48 CITY OFCOLUMBIA HEIGHTS, MINNESOTA RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND REMOVAL OF CONTAMINATED SOIL IN THE INDUSTRIAL PARK (PHASE II), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of the Mpls. Electric Steel Foundry and seven outbuildings at 3800 5th Street in Phase II ofthe Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company me. is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company L'lc. in the bid amount of$497,035.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase II area, according to the plans and specifications as outlined in the bid request dated September 8, 2005 and on file in the office of Community Development. 2. The City staff is hereby authOlized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits ofthe successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed this _ day of ,2005. Offered By: Second By: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM, Deputy City Clerk # P.30 RESOLUTION NO. 2005-49 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION ACCEPTING BID FOR REMOVAL/ABATEMENT OF RESTRICTED AND/OR HAZARDOUS MATERIALS IN THE INDUSTRIAL PARK (pHASE II), MPLS. STEEL FOUNDRY, COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for removal/abatement of restricted and/or hazardous materials on the Mpls. Electric Steel Foundry property at 3800 5th Street in Phase II of the mdustrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company me. is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of$97,355.00 for the removaVabatement of restricted and/or hazardous materials in the Industrial Park Phase II area, according to the plans and specifications as outlined in the bid request dated September 8, 2005 and on file in the office of Community Development. 2. The City staff is hereby authorized and directed to retum forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed this _ day of ,2005. Offered By: Second By: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM, Deputy City Clerk P.31 BID OPENING BUILDING DEMOLITION & REMOVAL OF CONTAMINATED SOIL COL. HTS. INDUSTRIAL PARK (PHASE II) MPLS. ELECTRIC STEEL FOUNDRY 10:00 AM Thursday, September 8, 2005 City Council Chambers NAME OF ADDRESS BID AMOUNT BID BOND COMMENTS COMPANY ~ Landwehr $697,714.00 Yes, 5% Veit $497,035.00 Yes, 5% Frattalone $647.,,703.20 Yes, 5% P.32 REMOVAL/ABATEMENT OF RESTRICTED AND/OR HAZARDOUS MATERIALS BID OPENING COL. HTS. INDUSTRIAL PARK (PHASE II) 10:00 AM Thursday, September 8, 2005 City Council Chambers NAME OF ADDRESS BID AMOUNT BID BOND COMMENTS COMPANY Veit $97,355.00 Yes, 5% 4- Enviro Tech $97,695.00 Yes, 5% Dennis $126,310.00 Yes, 5% .. Mavo $117,511.00 Yes, 5% - P.33 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 12, 2005 AGENDA SECTION: ~ D._' NO: .s - n 1 ORIGINATING DEP.A..RTM..ENT: Administration ITEM: Adopt Res. #2005-46 Support Fridley Springbrook Grant application NO: BY: Walt Fehst DATE: September 6,2005 CITY MANAGER'S APPROVAL ~:;E:~!&S Background: The City of Fridley has requested a Resolution to support improvements included in the Springbrook Nature Center SPRING Project and support the application to the State of Minnesota for financial assistance with this project. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2005-46, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-46, being a Resolution supporting the improvements to Springbrook Nature Center and supporting the request to the State of l';f.J.r.ln.esota for fmancial assista..'1ce. COUNCIL ACTION: P.34 RESOLUTION NO. 2005-46 BEING A RESOLUTION SUPPORTING THE IMPROVEMENT TO SPRINGBROOK NATURE CENTER ASSOCIATED WITH THE SPRING (SANCTUARY PROTECTION AND RENEWAL INTO THE NEXT GENERATION) PROJECT AND SUPPORTING THE RQUEST TO THE STATE OF MINNESOTA FOR FINANCIAL ASSISTANCE WHEREAS, the Springbrook Nature Center park provides year-round opportunities to experience and learn about nature; and is an environmental education center that serves school groups, community organizations and families; and WHEREAS, the Springbrook Nature Center serves the people living in the n011h suburban area with enjoyable and educational programs, hands-on exhibits and nature center facilities; and WHEREAS, the Springbrook Nature Center SPRING Project will enhance this park as a learning center for people from the metropolitan area, provide space for education, health and wellness, community gatherings, celebrations, business meetings; and W:::H:EREAS, the Springbrook Nature Center Foundation is a local non-profit orga..11ization dedicated to supporting the overall plalU1ing, development alId mallagement of the Springbrook Nature Center and is committed to taking the lead in raising the $2.5 million matching funds for a State grant from private sources, with increased operating costs covered through a combination of additional program revenue and funds from the Foundation; and NOW THEREFORE, BE IT RESOLVED that the City of Columbia Heights supports the improvements included in the Springbrook Nature Center SPRING Project and recognizes the positive impact this project will have upon the citizens of the northern Twin cities metropolitan area. BE IT FURTHER RESOLVED, that the City Council of the City of Columbia Heights supports the application to the State of Mi1l1lesota for fmancial assistallCe with the Springbrook Nature Center SPRLTJ'-.JG Project. Dated this _ day of September 2005. CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.35 SCOTT J. LUND MAYOR lunds@ci.fridley.mn.us CIlYOF FRIDLEY www.ciJridley.mn.us FRIDLEY MUNICIPAL CENTER. 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432. (763) 571-3450. FAX (763) 571-1287 August 10, 2005 Columbia Heights City COlUlcil Columbia Heights City Hall 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Members ofthe Columbia Heights City Council: As you may already be aware, the voters in Fridley approved a $275,000 referendum last November to continue the programming and city-paid staff at Springbrook Nature. Now that we are beyond tIns question, the Springbrook Nature Center FOlUldation has made a request, with the aid of Senator Chaudhary and Representative Goodwin, for a $2.5 million matching state grant. Further, the Springbrook Nature Center Foundation has initiated a fimdraising campaign to complete tins matching grant to reach their $5 million goal for capital improvements at Springbrook Nature Center. Today, I ask for the neighboring commlUnties and Anoka COlUlty'S suppOli to aid tile foundation in acl1ieving a state grant by submission of a supporting resolution. A copy of the City of Fridley's resolution is enclosed along with the Springbrook Nature Center Foundation's cmrent newsletter l1ighlighting the project. Should you be supportive, please send yom resolution to me at Fridley City Hall on or around September 15, 2005. We must submit the fmal grant application by September 30, 2005. Fridley citizens have proven their commitment to the continuance of the Springbrook Natme Center. Because Springbrook Nature Center is truly a green space and envirolUllental center of a regional impOliance in addition to a local one, it is important and proper to ask for a greater reach of support. With the support of neighboring cities and Anoka County, Fridley and the Springbrook Nature Center Foundation remain hopeful the state will recognize Springbrook as a worthwlnle project for all of us now and for futme generations to enjoy. ;t~ 4 Scott J. Lund;. ~ Mayor Enclosmes: Fridley Supporting Resolution SNC FOlUldation Summer Newsletter P.36 RESIDENCE · 580 - 69TH AVENUE N.E. . FRIDLEY, MINNESOTA 55432 · PHONE (763) 571-0214 PASSAGE OF FRIDLEY REFERENDUM ELllv.UNATES FEES When Fridley citizens passed the Springbrook levy referendum in No- vember, assuring Spring- brook of a steady budget, the City removed the fees for daily and annual visi- tor passes. Attendance at Spring- brook Nature Center has already rebounded as word spreads of it revert- ing to a free place for peo- ple to enjoy. Fees were implemented for one year as part of a way to keep Springbrook open until the referendum was held. FOUJ'.IDATION R..A.lSES $12,800 FROM ANNuAL AUCTION Shortly after last fall's referendum, The Spring- brook Nature Center Foundation's annual silent and live auction raised $12,800. The second auction fea- tured a wonderful assort- ment of donated items that were auctioned off. They ranged from jewehy to a canoe to an afternoon watching the Twins in a Metrodome suite. The next auction is ten- tatively planned for March 25,2006. Summer 2005 Protecting and enhancing Springbrook Natute Center FOUNDATION AND PARKS & RECREATION PROCEED ON NEW $5 MILLION PROJECT SPRINGBROOK FOUNDATION Now TURNS ATTENTION To l"fATURE CENTER'S FUTURE With the citizens of Fridley passing the Spring- brook Nature Center levy last November, the Spring- brook Nature Center Foundation will now refo- cu.s its attention on it's pri- mary purpose: enhancing the Nature Center. At the time of the City's 2003 budget crisis, the Foundation board was re- viewing final plans to start a new project at Spring- brook. Called the SPRING Proj ect, it is designed to offer visitors more ameui- ties when they first arrive at the nature center as well as to reduce the impact of too many people in the more pristine areas of the park. The Foundation board is now working with the Fridley Parks and Recrea- tion Commission to over- see the final planning phase for the Nature Cen- ter entry area and possible improvements to the exist- ing interpretive center. This project has been in the works for nearly eight years. It includes new rest- rooms near the bicycle trail (which will be com- pleted next year), outdoor classrooms, a new trail system nearest 85th A ve- nue, an earill berm along 85th Avenue to reduce noise in the park, addi- tional car parking, and most significantly, addi- tions to the existing build- ing or additional buildings, which will provide public meeting rooms and indoor educational facilities. Sen. Satveer Chaudhary and Rep. Barb Goodwin recently introduced bills in the legislature to secure up to $2.5 million in state matching funds for the project in next year's bonding bill. Money raised in Spring- brook's annual member- ship campaign will provide the needed planning and drawings. SPRINGBROOK FOUNDATION: 25 YEARS OF GIVING Since its inception, the Springbrook Nature Center has raised funds to pro- vide enhancements at the Nature Center. Even during the tumultuous year of 2004, the Foundation provided two new computers with software, a professional quality video camera, telescopic lenses and flashes for the Nature Center's pro- fessional-quality digital camera, which was provided earlier by the Foundation. Historically, the Foundation has do- nated more than $130,000 (adjusted for 2004 inflation) in direct donations in the last 20 years. This does not include secur- ing the funding for the Nature Center's interpretive center buildip. 3.11979-80. .Next summer the Foundation will pro- vide funds for scholarships so disadvan- taged children can attend Springbrook's summer day camps. Although Spring- brook day camps are already inexpen- sive, they are too much for some local families with multiple children. The Foundation will also provide the funds so Springbrook can hire a summer site intern to work on park and trail im- provement projects. In addition, the Foundation will pro- vide money for Eagle Scout projects in the park. In the past, these projects have provided many of the trails, signs, benches and other facilities. CHAMPIONS OF OPEN SPACE AWARD HONORS SPRINGBROOI( l'.JATURE CENTER SUPPORTERS From the McKnight Foundation News Release When budget cuts were tbJ..eatening to close Spring- brook Nature Center, a 30-year-old Fridley treasure, rather than accept the inevitable or wait for someone else to take action, a group of citi- zens and community leaders worked to pass a citywide referen- dum to preserve the natural open space and a variety of educational programs at the nature center. For their efforts, supporters of Springbrook Nature Center are being honored with the Champi- ons of Open Space Award. The award was presented June 29 at Springbrook Nature Center in Fridley. Siah St. Clair, director of Springbrook Nature Center; Malcoml Mitchell, chair of the Springbrook Nature Center Foun- dation; and Mayor Scott Lund of the City of Fridley accepted the award on behalf of the effort. The Champions of Open Space Award celebrates the contribu- tions of individuals, groups and organizations that are making a difference in preserving open spaces in the metro region. The award is presented by Embrace Open Space, a public awareness campaign sponsored by The McKnight Foundation and 14 partner organiza- tions. ter might lose its paid staff and its programming. Sav- ing Springbrook became a community priority - and a clear testament to the value of protecting natural open space to our citizens." The months leading up to the vote on the referendum were chal- lenging for Spingbrook staff and suppOlters, but temporary visitor fees and aggressive fundraising kept Springbrook operational in 2004. The reinvestigation of past proposals to the Fridley City Council to convert Springbrook's land into a golf course became an additional challenge during this time. A community-wide campaign to "Save Springbroolc" - including the Springbrook Nature Center Foundation, Friends of Spring- brook (a grassroots community group), elected officials, commu- nity leaders and prominent busi- ness people - generated awareness about the nature center and re- cruited support for the referen- dum. "Save Springbrook" lawn signs and knocking on doors to raise awareness, as well as bake sales, garage sales and selling lem- onade to raise money were all pait of the cornmumt'"j- wide efforts that ensued. Still, the future of Spring;- brook ultinlately rested on the referendum vote to cre- ate permanent funding that would keep the nature cen- ter open. The process of educating citizens about the referen- dum became an important civics lesson for the enthusi- astic SUppOlters of the nature center. According to Malcolm Mitchell, director of the Springbrook Nature Center Foundation, "The vote for the referendum is a testament to the value of Spring- brook Nature Center and tb.e demonstrated support that the citizens of Fridley and the North Metro community have for preserving a natural treasure." "When a community'is growing and developing so quicldy, as many currently-are in the Twin Cities, pass- ing a referendum - especially one that involves raising taxes to preserve open space - can be a very difficult task," said Sharon Stephens from the Sierra Club North Star Chapter and paltner in Embrace Open Space. P.38 Left to right, Malcolm Mitchell, chair of the Spring brook Nature Center Foundation, Siah St. Clair, director of Spring brook Na- ture Center and Mayor Scott Lund of the City of Fridley accepted the Champions of Open Space Award June 29. Springbrook Nature Center has been a community priority for three decades, although significant efforts have been required to protect its existence. In N ovem- ber 1974, the Fridley City Council adopted a controver- sial plan to dedicate the land as a nature center during a time when the economy demanded development. In November 2004 - exactly 30 years later and also during a time of community development pressures - the citi- zens of Fridley passed a referendum to raise their taxes to save the nature center and its programs because the city's 2004 budget would have elin1inated funding for Springbrook, forcing it to close. "Springbrook has been a centerpiece in our commu- nity for 30 years, so we knew citizens would be paying attention to decisions made about its future," said Fridley Mayor Scott Lund. "Still, we were astonished by the remarkable outpouring of SUPPOlt when the cen- CITY COUNCIL LETTER Meeting of September 12, 2005 AGENDA SECTION: Consent NO. ITEM: Authorize purchase of 6 Motorola XTL5000 NO. radios from State ofMumesota contract S- - A -'G ORIGINATING DEPARTMENT POLICE / BY: Thomas M. Johnson DATE September 1,200 CITY MANAGER APPROVAL: BY: tv1 DATE: BACKGROUND On September 13, 2004, the City Council accepted a Homeland Security grant in the amount of$186,000, with no local match. We have used $36,000 of this grant to purchase the City Watch Reverse Calling System, which is in place and running. We have used $131,960.80 of the money to purchase sixty 800 MHz portable radios for the CERT program. This was $17,941.83 less than we anticipated having to spend because Motorola had a promotion going on when we purchased the sixty radios. I have contacted our grant administrator to see if we could use the remaining funds to put mobile radios in each of our unmarked squad cars. We asked for this because when we Oliginally switched from the old radios to the new 800 MHz, we could only afford to put mobile radios in the .TIm'ked squad cars. We had planned to work off portable radios in the unmarked squads. We have found this practice to be very cumbersome and at times unsafe. Trying to switch channels or operate the portables while driVUlg or trying to set up a cOllmland center using a portable radio is very difficult and unsafe. We have researched prices on these radios and have found the attached State contract plice on Motorola radios. The total bill for six mobile radios, the equipment to hook them up, and a three-year warranty, comes to $20,133.12. These radios would be tax exempt. ANALYSIS/CONCLUSION The ability to communicate in a safe and efficient manner while performing police functions is essential for our police officers. The purchase of six 800 MHz mobile radios for our unmarked squad cars will give our investigators and administrative staff a tool that will allow excellent communications between police, fire, and civilian personnel dUling police functions. It is our proposal to pay for five of the mobile radios plus about a third of the sixth mobile radio from the remaining Homeland Security Grant-or about $17,941.83. The remaining $2,191.29 would come from our forfeiture fund. RECOMMENDED MOTION: Move to approve the purchase of six Motorola XTL 5000 mobile radios from the State ofIvIinnesota contract in the amount of$20, 133.12 (tax exempt) and to allow the City Manager and the Police Chiefto enter into a contract for the same, with fundu1g to come from Home1mld SecUlity Grant #20009757 and forfeiture :fund #265.42100.2010. TMJ:mld 05-179 Attachment COUNCIL ACTION: P.39 IIq 111J,9hll~96-R~:.LJIl~.~lIyer~~f~r.n9jf.... HP'age1j From: To: Date: Subject: "Neudahl, Sherrill" <SherriII.Neudahl@state.mn.us> "Tom Johnson" <Tom.Johnson@cLcolumbia-heights.mn.us> 8/18/20054:31 :24 PM RE: Undeliverable mail Dear Chief Johnson: Yes, we did receive your grant billing form for your 2004 LETPP grant. We reimbursed $36,697.37 the week of 8/11/05. The funds should have been deposited electronically in the city's bank account. Your request to purchase mobile radios for your unmarked squads is approved. Thanks. Sherrill Sherrill Neudahl, Grants Specialist Minnesota Department of Public Safety Division of Homeland Security and Emergency Management 444 Cedar St., Suite 223 St. Paul, MN 55101-6223 Phone: (651) 296-0465 Fax: (651) 296-0459 E-mail: sherrill.neudahl@state.mn.us ******* Confidentiality Notice ******* This email, its electronic document attachments, and the contents of its website linkages may contain confidential information. This information is intended solely for use by the individual or entity to whom it is addressed. If you have received this information in error, please notify the sender immediately and arrange for the prompt destruction of the material and any accompanying attachments. -----Original Message----- From: Tom Johnson [mailto:Tom.Johnson@cLcolumbia-heights.mn.us] Sent: Thursday, August 18, 20054:14 PM To: SherriII.Neudahl@state.mn.us Subject: Fwd: Undeliverable mail Dear Ms. Neudahl, I was trying to send this Email to Boyd Rasmussen but I have learned that he no longer works for your agency. I was given your name as the new contact. Besides the attached Email I am hoping that you received my request for fund reimbursement dated July 20, 2005 and addressed to Mr. Rasmussen. Please see my questions in the attached Email and thank you in advance for your help. PAD I ... ........ ......... .. ..... ................ .. ...... ... ............... ...... .. . . . TOrn Johnson - Fwd: Grant#2000-9757 2004 Law Enforcement TerrorlsmPrevelltiofl Grant :',.:",.. Po_ ...... .,- .' "., .., .' '.'" ,-'..." 'c. ". ,-.'. ".,. .... '0' p'..", .,.,'......,.. .'.,..",........ ,:.....".___...."..'",...'.'.,,'~'. <","_''''','''_ ._,.",......"."..., __ "P''',',''.'._,''_'' "',""',""',",""'''",,'''''''''''''''-''',,' .,_.,,,.....,.....,........, "".' .......0. ,..,..,........,'0.,'.....,._,..,._.;.,.....".,....-..,."... ,.n.."._._.".. ,', ...'C....,..."..,.."...'._,"......,. ..;........ ~~ge1 "I From: To: Date: Subject: Tom Johnson Tom Johnson 8/29/200510:41:13 AM Fwd: Grant #2000-9757 2004 Law Enforcement Terrorism Prevention Grant >>> Tom Johnson 8/18/2005 4:03 PM >>> I sent this again as I did not put my name on the first EMail Thanks Thomas M. Johnson City of Columbia Heights Chief of Police (763) 706-3755 >>> Tom Johnson 8/18/2005 4:02 PM >>> Dear Mr. Rasmussen, Our Grant was for $186,600 and was to be used for the purchase of a reverse dialing system, total cost of system $36,697.37, which we have purchased and we are currently using and the purchase of 60 Motorola Radios which we have purchased at a total cost of $131,960.80. As you can see we have spent $168,658.17 leaving $17,941.83 of our grant money unspent. The reason for this was that Motorola had a sales promotion going on when we purchased our radios and we obtained each of the 60 radios at $300 less than we were originally quoted. We are wondering what if anything we can do with the remaining $17,941.83? We do have a need for this money. When our department switched over to the new 800 MHZ Radios we could only afford to put mobile radios in our 10 marked squads. In our 6 unmarked squads we work off of handheld radios which can be very dangerous for the officers if you are driving and trying to use the radios. It is also difficult for setting up a temporary command center for myself and my Captain when we have a major scene. If possible we would like to use the remaining funds to put mobile radios in each of our 6 unmarked squads. Please let me know what we can or cannot do. Thanks P.4l CITY COUNCIL LETTER Meeting of September 12,2005 ITEM: Application for Raffle Columbia Heights NO. Activity Fund BY: Thomas M. Johnson DATE: September!,2005 AGENDA SECTION: Consent 5 - A -Cl NO. ORlGINATING DEPARTMENT POLICE BACKGROUND: The Columbia Heights Activity Fund located at 3701 Central Avenue Northeast, Columbia Heights has requested pennission to conduct a raffle on November 26, 2005 at Murzyn Hall, 530 Mill Street N.E., Colmnbia Heights, Minnesota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time cha.'itable gambling and has paid the $25 pennit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no obj ection to a raffle event to be conducted by Columbia Heights Activity Fund at Murzyn Hall, 530 Mill Street N.E., Colmnbia Heights, on November 26, 2005; and furthermore, that the City of Columbia Heights hereby waives the remainder ofthe thirty-day notice to the local goveming body. mId 05-180 Attachments COUNCIL ACTION: P.42 Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 Page 1 of 2 11/04 An exempt permit may be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Organization Information Organization legal n CL. For Board Use Only Fee Paid Check No. Previous license or exemption number, if any State and zip code I ! tJ~) , County UO~ Name of chief executive officer (CEO) irst name U Last name h~ V Daytime phone number L 2- '17g- 3.<;t!J Type of nonprofit organization (check one) D Fraternal D Religious D Vet~ran ~ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) . [:8] Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office D Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Gambling Premises Information ere gambling activity will be conducted (for raffles, Ii t the site where tf:1e drawing will take place) Q, L., }J WI "I>>- County ILL sr., Date(s) of activity (for raffles, indicate the date of the drawing)-..,. r-... .........\ Ii) .1 I t-1~'~ t ~~UP.J,;.Ju ar ktCE-rJ::cr- -tz; Uf2AWi;}(P rJviJ,:tea -2t;i()~ Check the box or boxes that indi~te the type of gambling activity your organization will be conducting: ~ D *Bingo S Raffles D *Paddlewheels D 'Pull-Tabs D *Tipboards 5~ ~7 t \l:A- /"",. . ,,~~I iU!' r.. *Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form will be made available in alternative format (Le.large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this inforrnation, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. P.43 LG220 . Application/or EX!lpPt Penn it ~ organi!allon Name ~~r -~f"\. .A-c'-II u 1 r/ 'tv ,vI) Local Unit of Government Acknowledgment If the gambling premises Is within city limits, the . cIty must sIgn this application. On behalf of the city, I acknowledge this application. Cheek the action that the city is taking 'on this application. m The city approves the application with no I.Q wailing period.. . , O The city approves.the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. DateL/~ CJS- Chief Executive Officer's Signature The infonnation provided in this application' complat OJ 1. D")':I<JI::r r'5 P.02/0E' Page 2 of2 3101 If the gambling premises Is located In a townshIp, both the county and township must sign th~ appllcatlon. On behalf of the county, I acknowledge this application. Check the action that the county. is taking on this appncation. D The countY approves the applicatJon with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county (Signature of county personnel receiving application) Tifle Date---..-l---..-l_ TOWNSHIP: On behalf of the township, I acknowledge that the organizalion is applying for exempted gambling acUvity within the township Gmits. !A township has no statutory Buthorlty to appmve or deny an application (Minn. Stat. sec. 349.213. subd. 2).] Print name at townshIp (SIgnature of townshIp official acknowledging application) TltIe Date--.-!----1_ curate to Ihe best of my knowledge. Date '8 12 '} I~ Name (please print) Mail Application and Attachments At least 45 days priOr to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable 10 "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board . 1711 West County Road B, SuIte 300 South Rosevllle. MN 55113 If your ~pplication has not . been acknowiedged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. P.44 .....r II 11.....1.... 1 I 1U ,,-Ul'( t l'.UL OUHt'<iJ 5515394073 P.03/08 ~G220 . Application for Exempt Permit, Information Sheet Who may be Issued an exempt permil? Separate applications r,quired 3/01 An .e~empt permit can be issued to nonprofit organizations conducting lawful gambling actiVIty on fIVe or fewer days, and awardIng/ass than $50,000 in prizes during a calendar year. (Raffies: Total cash prizes for a raffie may not exceed $12,000.) Complete a separate application for each occasion. An occasion may be either: 1. One day of gambling activity. . If your organization wants to conduct gambnng activity on AprilS, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. . If your organization wants to conduct gambling on July 3, 4, and 5 at the same site. you may submit only one applicatiOn and one fee. . Raffle: If you are conducting a raffle, each d~ a drawing is held constitutes one day of gambling. If dra-.'Ilngs are held on more ihan five days in a calendar year, your organization must obtain an organization license; a gambnng manager's license, and a premises permit How to obtain a copy of proof of nonprofit status Minnesota Secretary of State Certificate of Good Standin<:J - Nonprofit Articles of Inco/'Doratbn . Attach a copy ofyourorganlzatfon's Certmcate . ofGcod Standing (317A) showing incorporation as a nonprofit organization. IRS Income Tax Exemption O R Under a national orqanizatlon . IfYQur organization falls under a national organization, attach both ofthe following: 1. a copy of the IRS letter showing that your. national f organizatlon has been a registered nonprofit 501 (c) I organization and carries a group ruling, and 2. a copy of the charter, or letter from your national organization, recognizing your organization as a subordinate. This certificate can be obtained from the Minnesota SecretaI)' of State; Minnesota SecretaI)' of State Business Services Division. 180 State Office BUilding St Paul, MN 55155 Phone; 851-296-2803 Not under a national organization If your organization does not fall under a national organization, attach a copy of the IRS Income tax exemption [501 (c)J letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal 10 number and the date your organlzatlon initially applied for tax exempt status to: IRS P.O. Box 250e Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal 10 employer :numbers are not proof of income tax exempt status. Financial report and recordkeeping required Questions? . A financial report form and instructions will be sent with your permit. . Complete and return the financial report form to the Board within 30 days of your date of activity . . Your organization must keep its gambling records for 3-1/2 years. Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY. you can call the Board by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us. PA5 s\'0.\e of Ii Innaso. rill SECRETARY FST TE CERTIFICATE OF INCORPORATION I, Mary Kiffmeyer, Secretary of State of Minnesota, do certify that: Articles of Incorporation, duly.signed and acknowledged under oath, have been filed on thi.s date in the Office of th~ Secretary of State, for the incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the laws of Minnepota. Corporate Name: Columbia Heights Activity Fund Corporate Charter Number: 1170068-2 Chapter Formed Under: 317A This certificate has been issued on 01/04/2005. P.46%~ ~ C Ll'll'''; J..J.\I1\1.H.J. J., vu "" oJ... V _ Date: t~lAf~ 0 1 2005 COLUMBIA HEIGHTS ACTIVITY FUND 3701 CENTRAL AVE NE COLUMBIA HEIGHTS, MN 55421 Dear Applicant: Employer Identification Number: 30-0295914 DLN: 17053039089045 Contact Person: ZENIA LUX ID# 31522 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: DECEMBER 31 Public Charity Status: 509 (,..) (2) Form 990 Required: YES Effectiv~ Date of Exemption: JANUARY 04, 2005 Contribution Deductibility: YES Advance Ruling Ending Date: DECEMBER 31, 2009 We are pleased to inform you that upon review of your application for tax . exempt status we have determined that you are exempt from Federal income tax under section SOl(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 50l(c) (3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for A~~~.ce Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section SOl(c) (3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) P.47 RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING COpy Currently, Resolution No. 1996-46 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501,5.503,5.504, 5.505,5.506, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission ofthe Council of the city of Columbia Height,S; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; , 5. . The organization'.wishing to gamble dQes not pay the proprietor ofthe licensed premises a 'rental or lease payment in excess of $1,000 per month, which payment shall be inclusive of .any and all allowable expenses as defined and set forth in .lv:ll'-LSTAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor) or any company or vendor providing a,ny service or goods to or on behalf ofthe proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or r~fundable. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling . activity may be immediately suspended until such violation(s) is/are corrected. Any such . determination ofviolations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10) days notice to the organization; and . c. After providing the organization with the opportunity to present its position at said meetina' and 0' d. By a simple majority vote ofthe City Council. NOT, TH~REFORE, BE IT RESOLVED that thi~ resolution shall take effect on May 12, 1996, and shall replace Resolution 88-41. . Resolution 1996-46 is hereby amended to read: RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAlVIBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501,5.503,5.504, 5.505, 5.506, or 5.57 of the City Code unless: P.4S 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organizaiion wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of $1 ,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subjeCt to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anything to the contrarY herein', an existing Class A or Class B licensee shall pav a license fee of $25 for any event. of three davs or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terins or conditions ofthis Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended ur+til such violation(s) is/are corrected. Any such determination ofviolations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. ' After a minimum of ten (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 26. 2004, and shall replace Resolution 1996-46. Passed this 26th day of April 2004 . Offered by: Williams Seconded by: Nawrocki Roll Call: All Ayes: Wyckoff, ,Williams, Nawrocki, Ericson, Kelzenberg ~ (J A--..' . C\.A>~............... .) .cia MUBCOvi~ Deputy City Clerk/Council Secretary P.49 GARY L PETERSON COL UMBIA HEIGHTS ACTNITY FUND 3712 LINCOLN ST. NE COLU1vfBIA HEIGHTS, MN 17-13/910 2 0 09 5178280 II I ~./ DATE't.tO& . 3 l . 0 ~ ..J+t':> $ 25.r>U LLARS 60 ~~ 1:09 1.000 ~d 21: . 5 ~ '7 III a 2 a 0 11= 2 0 0 9 P.SO M' SP~IAl.!T!!~E&.,._ CITY COUNCIL LETTER Meeting of: September 12, 2005 AGENDA ORIGINATING CITY SECTION: S - A -I 0 DEPARTMENT: MA..NAGER APPROVAL NO: Fire ITE Establish Date For Public Special BY: Gary Gorman BYiA!4if I---- M: Assessment Hearing Levy for Abatement of Nuisance at 3730 Tyler Street NE- DATE: August 31, 2005 DATE: PIN #36-30-24-33-0086 NO: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2006 tax statement the assessment hearing needs to be held before October 12,2005. Analysis/Conclusions: Staff is recommending Monday, September 26,2005 before the regular Council meeting for the hearing on abatement of nuisance violations at 3730 Tyler Street NE. RECOMMENDED MOTION: Move to establish a hearing date of Monday, September 26,2005 at 7 :00 p.m. as the Public Special Assessment Levy Hearing for City Project #0450 the abatement of nuisance violations from the property located at 3730 Tyler Street NE. to be held in the City Council Chamber. COUNCIL ACTION: P.51 CITY COUNCIL LETTER Meeting of: September 12, 2005 AGENDA SECTION: 5 -A- \ l ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~ DATE: BY: 4;1fl~ NO: DATE: September 8, 2005 BACKGROUND/ANALYSIS Attached is the business license agenda for the September 12,2005 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. Tllis means that the data Plivacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for September 12,2005 as presented. COUNCIL ACTION: P.52 TO CITY COUNCIL September 12, 2005 *Signed Waiver Fonn Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg * American Building Contractors *Christlife Evangelical Church *Pro Wall Inc *Rayco Construction *D & R Construction Inc * Air Corps LLC *Wise Heating & AC *Planet Neon *Catracho's Tree Service 12247 Nicollet Ave So, Bumsville 4555 University Ave NE, Co!. Hts. 7990 69th Ave, Rockford, MN 211 S1. Anthony Pkwy, Mpls 22858 Lake George Blvd, Bethel 3700 Annapollis Ln N, Plymouth 21800 Woodbine St, Anoka 65 Century Tr, Lino Lakes 3741 2nd Ave So., Mpls P.53 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 5-A-\L CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF:~ 11, 21JDS STATE OF MINNESOTA COUNTY OF ANOKA ~T'T'V OT; ""OLill' Kn T A HEln.HT~ '-'~~ ..L ~...... V~U~..t"1.. ....., .... Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number --lJ L( Dl?'j in the amount of$ L{q !,1S0. 7C; . through II L-{ 2ft I These checks have been exa.m.h"led and found to be lee:a1 chare:es against the CITY OF _ ..., . --iWl'~ COLUMBIA PLEIGHTS, and are hereby, recommended fot payment. P.54 ACS FINANCIAL SYSTEM 09/08/2005 12:45:39 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ************************************************~r****************************** * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ************************************************~,****************************** Report Selection: Optional Report Title.......09/12/2005 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. . . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number................ proj ect . . . . . . . . . . . . . . . . . . . . . VenCior. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . '~'1cher .................... . .eased Date. . . . . . . . . . . . . . . ~!ared Date................ ~ thru thru thru thru 114079 thru 114291 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 09/08/2005 12 BANK VENDOR Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 AMOUNT BANK CHECKING ACCOUNT AAA AWARDS 114079 95.80 CENTER POINT ENERGY 114080 812.29 CLARK PRODUCTS INC 114081 153.83 DUGDALE/MARY 114082 15.17 EDLUND/DORINDA 114083 431.85 FAST PITCH CLUB 114084 300.00 GARIN/TERESA 114085 6.42 GOODIN CO. 114086 152.31 HANSON/LARRY 114087 50.00 JAFFERY/IBRAHIM 114088 48.71 LEAGUE OF MN CITIES INS 114089 95,775.50 MENARDS CASHWAY LUMBER-F 114090 282.70 NEXTEL COMMUNICATIONS 114091 1,238.06 OFFICE DEPOT 114092 171. 58 PERRY/FRANK 114093 425.00 PETTY CASH - AMY JOHNSON 114094 11. 60 PETTY CASH - JOANNE BAKE 114095 82.64 PETTY CASH - NICOLE JOUP 114096 250.38 QWEST COMMUNICATIONS 114097 1,132.11 ROLLER GARDEN 114098 107.50 STAPLES BUSINESS ADVANTA 114099 261.71 TDS METROCOM 114100 525.53 ~ TREASURER, STATE OF MINN 114101 246.00 VERIZON WIRELESS 114102 31. 93 Ul VOSS LIGHTING 114103 58.92 0\ WINDSCHITL/KEITH 114104 23.42 XCEL ENERGY (N S P) 114105 6,987.53 ACE ICE COMPANY 114106 551.88 AMERICAN BOTTLING COMPAN 114107 269.53 ANOKA COUNTY LICENSE CEN 114108 2,921.15 ANOKA HENNEPIN TECH COLL 114109 175.00 BELLBOY BAR SUPPLY 114110 122.19 BELLBOY CORPORATION 114111 1,669.55 BRADLEY REAL ESTATES INC 114112 11,683.15 BULLOCK/COURTNEY 114113 30.00 COCA-COLA BOTTLING MIDWE 114114 2,892.15 COLUMBIA HEIGHTS I 114115 5,541.33 DEX MEDIA EAST LLC 114116 154.20 DISCOUNT SCHOOL SUPPLY 114117 385.32 ESCHELON 114118 157.96 FARNER-BOCKEN 114119 3,255.69 FORTNEY/JON 114120 234.34 FRIENDSHIP VENTURES 114121 150.00 G & K SERVICES 114122 81. 67 HARPEL/BRUCE 114123 250.00 IPC PRINTING 114124 95.88 J & S MARKETING 114125 175.64 ACS FINANCIAL SYSTEM 09/08/2005 12 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT JIMENEZ/MS.MARIA JOHNSON BROS. LIQUOR CO. JOHNSON/JUDY JOHNSTON/ERIC KIWI KAI IMPORTS KNUDSON-CRENSHAW/KELSEY KUBALAK/TIM LAND/LAWRENCE MENARDS CASHWAY LUMBER-F MINNEAPOLIS FINANCE DEPT MN DEPT OF ADMINISTRATIO NASER/NAB I NEEDHAM DISTRIBUTING CO NORTHERN AIR OKERSTROM/LEE ORIENTAL TRADING COMPANY PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PITNEY BOWES LOUISVILLE QUALITY WINE & SPIRITS S & S WORLDWIDE SCHMIDT/WILLIAM SPECIALTY WINES & BEVERA U S ATTORNEY'S OFFICE VOSS LIGHTING WELLS FARGO BANK WINE COMPANY/THE XCEL ENERGY (N S P) ENGELBRET/CHRIS MN REC & PK ASSOC - MRP PETTY CASH - KAREN MOELL VERIZON WIRELESS ABM EQUIPMENT ACE HARDWARE ALEX HYDROSEEDING AMERICAN FORESTS AMERICAN RUG LAUNDRY AMERIPRIDE ANCOM COMMUNICATIONS INC ASPEN EQUIPMENT ASSOCIATED BAG COMPANY B & M AUTO ELECTRIC CO BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BATTERIES PLUS - 028 BAUDVILLE BIFF'S,INC. ~ (J] '" 114126 114127 114128 114129 114130 114131 114132 114133 114134 114135 114136 114137 114138 114139 114140 114141 114142 114143 114144 114145 114146 114147 114148 114149 114150 114151 114152 114153 114154 114155 114156 114157 114158 114159 114160 114161 114162 114163 114164 114165 114166 114167 114168 114169 114170 114171 114172 129.05 1,251. 74 243.50 644.00 268.71 234.56 232.85 405.00 1,239.98 96,288.48 397.33 490.00 151.52 1,205.09 27.66 80.45 152.73 2,534.95 262.97 11,433.24 119.58 67.00 810.00 50.00 38.02 2,536.94 610.90 14,907.63 48.00 125.00 600.00 103.56 1,165.57 170.74 724.00 25.00 364.72 128.90 202.35 120.60 150.52 105.44 3,625.06 1,339.90 196 . 92 525.50 870.51 ACS FINANCIAL SYSTEM 09/08/2005 12 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BLUEMELS TREE SERVICE BONESTROO ROSENE ANDERLI BOOK WHOLESALERS INC BOYER TRUCK PARTS BRODART BROOKLYN TRUCKING BUETOW AND ASSOCIATES IN CAMDEN PET HOSPITAL, INC CARLSON TRACTOR CATCO PARTS SERVICE CENTRAL IRRIGATION SUPPL CINTAS FIRST AID-SAFETY CITY WIDE LOCKSMITHING CLARK PRODUCTS INC COLUMBIA HEIGHTS RENTAL COLUMBIA PARK MEDICAL GR COMMERCIAL POOL-SPA SUPP CONWORTH, INC COORDINATED BUSINESS SYS CROWN FENCE & WIRE CURTIS 1000 CYS UNIFORMS DAHLGREN SHARDLOW & UBAN DANKA OFFICE IMAGING DAVES SPORT SHOP DAVIES WATER EQUIPMENT C DAY-TIMERS, INC. DEEP ROCK WATER COMPANY DEMCO, INC. DIAMOND VOGEL PAINTS DNR ENTERPRISES DON'S CAR WASHES DOUGS TV & APPLIANCE DU ALL SERVICE CONTRACTO EGAN OIL COMPANY EMBROIDERY & MORE FAIRS NURSERY & LANDSCAP FLEX COMPENSATION, INC G & K SERVICES GALE GROUP/THE GENERAL BOOK COVERS GENERAL REPAIR SERVICE, GENUINE PARTS/NAPA AUTO GIS RANGERS GLASS MASTERS GOODIN CO. GOPHER BEARING COMPANY ~ Ul 00 114173 114174 114175 114176 114177 114178 114179 114180 114181 114182 114183 114184 114185 114186 114187 114188 114189 114190 114191 114192 114193 114194 114195 114196 114197 114198 114199 114200 114201 114202 114203 11420L1 114205 114206 114207 114208 114209 114210 114211 114212 114213 114214 114215 114216 114217 114218 114219 4,958.95 1,946.70 105.04 38.32 38.30 383.40 14,925.15 2,486.00 333.84 199.61 53.37 290.06 65.00 213 . 04 45.57 131.00 152.44 2,190.00 183.12 50.58 559.14 38.12 9,130.02 43.48 196.35 3,079.11 46.00 60.55 79.24 105.95 857.78 2,130.00 7.43 6,765.03 5,339.25 40.96 8,975.00 178.50 1,133.04 119.08 252.00 1,217.43 906.06 9,497.96 640.00 287.13 47.94 ACS FINANCIAL SYSTEM 09/08/2005 12 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK VENDOR Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT GOPHER SIGN CO. GROUNDS MAINTENANCE SERV HARBOR FREIGHT TOOLS HARDRIVES INC HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP HOME DEPOT #2802 HSBC BUSINESS SOLUTIONS IPC PRINTING JOHNSTON/TROY KENNEDY & GRAVEN LAKE RESTORATION INC LEAGUE OF MN CITIES INS LUBE-TECH MAC QUEEN EQUIPMENT CO. MARSHALL CONCRETE PRODUC MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F MES-MINNESOTA METRO FIRE METRO CALL - ATT MESSAGIN MIDWAY FORD MIDWEST ASPHALT CO. MIDWEST LOCK & SAFE MIDWEST OVERHEAD CRANE MINNEAPOLIS SAW CO. MINNESOTA WANNER COMPANY MN DEPT OF ADMINISTRATIO MN POLLUTION CONTROL AGE MORNINGSTAR INC MTI DISTRIBUTING NATIONAL WATERWORKS, INC NEEHAN FOUNDRY CORP NORTH AMERICAN SYSTEMS I NORTH STAR INTL TRUCK IN NORTHERN AIR O'GARA/ANDREW OFFICE DEPOT OFFICE SUPPLY CONNECTION ONE-CALL CONCEPT-GOPHER ORKIN PETTY CASH - REBECCA LOA PRO GRAPHICS PROSOURCE TECHNOLOGIES I RADIO SHACK RAMSEY COUNTY RANDOM HOUSE, INC ~ Ul \.0 114220 114221 114222 114223 114224 114225 114226 114227 114228 114229 114230 114231 114232 114233 114234 114235 114236 114237 114238 114239 11424,0 114241 114242 114243 114244 114245 114246 114247 114248 114249 114250 114251 114252 114253 114254 114255 114256 114257 114258 114259 114260 114261 114262 114263 114264 114265 114266 167.88 1,491.00 42.72 10,470.70 11.50 261.00 593.65 42.59 1,237.59 375.00 2,885.80 392.75 1,000.00 55.47 451.58 338.98 600.00 626.50 207.75 323.43 74.92 153.77 1,210.34 59.11 275.00 22.88 108.31 37.00 675.00 795.00 53.43 92.04 1,132.57 28,767.54 44,666.42 268.42 45.00 2,288.57 29.43 246.10 59.83 47.30 59.64 1,743.40 10.51 506.89 72.00 ACS FINANCIAL SYSTEM 09/08/2005 12 BANK VENDOR Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT BANK CHECKING ACCOUNT RAPID GRAPHICS & MAILING 114267 4,566.00 REED BUSINESS INFORMATIO 114268 337.34 ROAD MACHINERY & SUPPLIE 114269 56.50 ROYAL TIRE 114270 1,341.90 SCRANTON GILLETTE COMM 114271 45.00 SIGN LANGUAGE & GOLDEN A 114272 61. 50 SIX CITIES WATERSHED 114273 2,181.26 STAPLES BUSINESS ADVANTA 114274 193.77 STREICHER'S GUN'S INC/DO 114275 71. 06 SULLIVAN'S UTILITY SERVI 114276 411.11 SUN PUBLICATION 114277 1,789.06 SYSTEMS SUPPLY INC. 114278 344.59 TESSMAN CO 114279 843.48 TOXALERT, INC. 114280 441. 00 TRANS-ALARM INC 114281 261.76 TRUGREEN CHEMLAWN 114282 128.46 TUBBS/MARSHA 114283 155.81 UNITED RENTALS NORTHWEST 114284 3,090.60 UNIVERSITY OF MINNESOTA 114285 195.00 UPSTART- DIVISION OF HIG 114286 64.69 VERIZON WIRELESS 114287 239.92 WERNER ELECTRIC SUPPLY C 114288 35.24 ~ ZARNOTH BRUSH WORKS, INC 114289 682.13 ZEP MANUFACTURING COMPAN 114290 145.40 0\ ZIEGLER INC 114291 588.53 0 491,750.75 *** ACS FINANCIAL SYSTEM 09/08/2005 12 BANK VENDOR REPORT TOTALS: ~ 0\ ........ CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 Check History 09/12/2005 COUNCIL LISTING CHECK NUMBER AMOUNT 491,750.75 RECORDS PRINTED - 000824 ACS FINANCIAL SYSTEM 09/08/2005 12:45:42 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 265 370 376 377 378 379 385 386 389 411 412 415 420 431 432 ~li 0\1 Nt 609 651 652 653 701 720 881 883 884 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP TIF S7: HSG & REDV TIF DIST1 TAX INCREMENT BONDS SHEFFIELD - DS MEDTRONICS - DS HOUSING TIF #1 SCATTER MULTI-USE REDEVELOPMENT PLAN HOUSING TIF #2 R8:TRANSITION BLK REDEVELOP CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL CAP EQUIP REPLACE-SEWER WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW FLEX BENEFIT TRUST FUND 66,283.85 9,131.20 13,923.59 35.49 10,043.85 854.45 559.66 33.00 66.00 33.00 33.00 33.00 33.00 33.00 33.00 15,410.99 1,946.70 7,127.55 8,365.20 923.89 47,254.15 101,509.11 2,043.77 9.89 2,621.03 51,650.37 63.69 1,320.00 930.82 13,600.10 29,111.13 196.35 84.96 96,775.50 9,497.96 178.50 491,750.75 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS ACS FINANCIAL SYSTEM 09/08/2005 12:45:42 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 491,750.75 491,750.75 ~ 0\ UJ CITY COUNCIL LETTER Meetin of: September 12, 2005 AGENDA SECTION: PUBLIC HEARING NO: l-A- ) ORIGINATING DEPARTMENT: CHARTER COMMISSION BY: CHARTER COMMISSION DATE: 9-1-05 CITY MANAGER'S APPROV A "' By:h :,,1- l/ I l'~r DATE. ITEM: SECOND READING OF ORDINANCE NO. 1492, A PROPOSED CHANGE TO THE CITY CHARTER, CHAPTER 7, SECTION 72, BONDED DEBT AND DEBT LIMIT NO: Near the end of2004, the city refinanced some Parkview Villa bonds. Mark Ruff, from Ehlers and Associates, who handles all our bonding issues, advised the Finance Director that the Chmier Commission may want to consider revising chmier language to allow refinancing of bonds in a more timely fashion and allowing the city to realize fInancial savings due to a shOlier wait period. CUlTently, refinancing and financing of bonds is done by ordinance, taking effect 30 days after passage. Therefore, this issue has been brought to the Charter Commission for discussion. The Charter Commission has studied the chmier language of other cities in this area. They have also had Mark Ruff from Ehlers mId Associates attend their commission meeting in July for further discussion. After consideration of all the above, the Charter Commission recommends a change to the city charter. This change only affects the refinancing of bonds. The Charter Commission recommends the addition of the underlined sentence in the last pm"agraph of Chapter 7, Section 72, Bonded Debt and Debt Limit: Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinmlce. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four-fifths vote ofthe council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters ofthe city shall have thirty days fi-om the date ofpublicatiol1 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 bides) or sale ofthe 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. The City Council has held its first reading of this ordinance on Monday, August 8, 2005. The proposed charter amendment has also been published in the Sun Focus Newspaper for two weeks (August 18 and August 25,2005). RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being anlple copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1492, amending Chapter 7, Section 72, Bonded Debt and Debt Limit ofthe City Charter. COUNCIL ACTION: P.64 ORDINANCE NO. 1492 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUlVIBIA HEIGHTS PERTAINING TO BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section l: Chapter 7, Section 72 of the Charier of the City of Columbia Heights which currently reads as follows, to wit: BONDED DEBT AND DEBT LIMIT. Bonds may be issm:d by four-fifths vote of the council without the previous approval ofthe voters ofthe said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection arId distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience fi"om which a revenue is or may be derived; for the creation or maintenance of a pemIanent improvement fund; for the purchase or erection of needful public building~; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culvelis, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles ofthe corporate limits thereof; for the purpose of refunding outstarlding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right ofthe city to issue bonds under the authOlity of any law heretofore and this section ofthe city's chalier shall not be construed to limit the passed arId adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt celiificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable propeliytherein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenarIce, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating arId power plants, or either of them, or any other public convenience, fi"om which revenue is or may be derived, owned and operated by the city, or the acquisition of propeliy needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon the property specially benefitted by such ditches or inIprovements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. ill no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. P.65 Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters oftile 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 thiliy-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. IS HEREWITH AMENDED TO READ AS FOLLOWS: BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote ofthe council without the previous approval ofthe voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraJ.ies, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles ofthe corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; aJ.ld for an purposes which may be authorized by the laws of the State of Minnesota; the right ofthe city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Mimlesota, but no bonds shall ever be issued to pay CUlTent expenses or to refund emergency debt celiificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as pali of the such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in COilllection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon the property specially benefitted by such ditches or improvements, or (3) for the purpose of anticipating the collection of P.66 general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. 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 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 bides) 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. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.67 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: September 12, 2005 AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: 7 A "2 ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Ordinance 1493, Vacating a Portion of 5th Street NE BY: Jeff Sargent DATE: September 7, 2005 BACKGROUND: A part of 5th Street NE, needs to be vacated for the Park View project. Easements are required to protect facilities owned by CenterPoint Energy and Qwest. The easement descriptions are in the accompanying Ordinance. RECOMMENDATION: The Planning and Zoning Commission recommends the City Council establish a 2nd Reading of Ordinance 1493, being an ordinance amending Ordinance No. 853 City Code of 1977, vacating a portion of 5th Street NE. RECOMMENDED MOTION: l\./I"~~.~ +~ 'wn:'ve ,<1..~ -en-1:-~ ~.cl\r-1:-ance l'.T~ 14()3 th~re 1..~:_g a.......-l~ nn_:en ava:ln1..1~ t~ +1..e _n1..1:c l'f.LU l' [; LV (;1.1 Llll;; 1 (;I.U111D V.l v U1l1 1 1 'lV. 1 :7 , 1 I;; UI;;1l1 cullp11;; l,UP1 1) l!(;I.U11;; V Lll PUUll . Move to adopt Ordinance No. 1493, being an ordinance amending Ordinance No. 853 City Code of1977, vacating a portion of 5th Street NE Attachments: Ordinance No. 1493 COUNCIL ACTION: P.68 ORDINANCE NO. 1493 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A PORTION OF 5TH STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Height hereby vacates a portion ofthe public street over, across, and under the following described property, to wit: Part A Those parts of 5th St NE, as dedicated in the plat of, Columbia Heights Annex to Minneapolis, lylng easterly of the westerly line of said 5th Street NE (as dedicated), and northwesterly and southwesterly of the following described line: Coinmencing at the SE comer of Block E of said Columbia Heights Annex to Mnmeapolis; thence N 00 degrees, 07 minutes, 50 seconds E, assumed bearing along the E line of said Block E, a distance of 6.76 ft; thence northeasterly along a non-tangential curve concave to the SE and along the northerly line of proposed Huset Pkwy, a distance of 55.28 ft, said curve has a radius of 815.00 ft, a central angle of 03 degrees, 53 minutes, 10 seconds, and a chord that bears N 49 degrees, 27 minutes, 35 seconds E; thence northwesterly, and along a non-tangential curve concave to the NE, and along the westerly line of rroposed 5th Street NE, a distance of 133.00 ft to the said westerly line of 5t Street NE (as dedicated), said curve has a radius of248.53 ft, a central angle of 30 degrees, 39 minutes, 42 seconds and a chord that bears N 18 degrees, 28 minutes, 12 seconds Wand described line there te1minating. Part B Those parts of 5th Street NE (as dedicated) ai'1d 39th Avenue NE as opened, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northerly ofthe westerly extension of the south line of Block F of said Columbia Heights Annex to Minneapolis, and lying westerly and southeasterly of the . . following described lille: Beginning at the NW comer of said Block F; thence N, 00 degrees 07 minutes, 50 seconds East, assumed bearing along the west line of said Block F and its northerly extension a distance of33.53 feet, to the southerly line of proposed Huset Parkway; thence southeasterly, along said southerly line, and along a non- tangential curve concave to the SE, a distance of 85.39 ft, to the westerly line of 5th Street NE (as dedicated) said curve has a radius of735.00 ft, a central angle of 06 degrees, 39 minutes, 23 seconds, and a chord that bears S. 44 degrees, 48 minutes, 14 seconds, W. and described line there terminating. P.69 Section 2: The vacation ofthat part of 5th Street N.E. desclibed above is subject to the following conditions: 1. A n easement is hereby resenred that prohibits the excavation or disturbance of any land or the facilities of C enterP oint Energy in that part of the vacated street described as follows, without the consent of CenterPoint Energy: The easterly one-half of 5th Street N.E. 2. A.n easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part of the vacated street described as follows, without the consent of Qwest: The easterly one-half of 5th Street N.E. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSMlDeputy City Clerk P.70 COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other: Ordinances and Resolutions Community Development APPROVAL NO: ,-A-~ ITEM: Ordinance 1494, 1495 and 1496, BY: Jeff Sargent BY'k!tlwI- Vacating a portion of 38th Ave NE, 39th Ave. DATE: September 7, 2005 NE, Lookout Place and the Adjacent Alley Meeting of: September 12, 2005 BACKGROUND: Schafer Richardson has requested City Council approval to vacate part of 39th Street, part of 38th Street, and part of Lookout Place in the Park View Redevelopment Project. The attached maps show the locations. The planning staff report notes there are no objections from City staff or neighbors. Qwest needs a reservation for easement in Lookout Place. Xcel needs an easement on part of 39th Avenue. The descriptions are in the attached ordinance. The Planning Commission heard this matter on July 7, 2005 and recommends approval of the vacations because the streets and alley are not needed for any public purpose. RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested vacations. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1494, there being ample copies available to the public. Move to adopt Ordinance No. 1494, being an ordinance amending Ordinance No. 1490 City Code of 2005, vacating a portion of3Sth Avenue NE. l"i.love to waive the reading of Ordinance No. 1495, there being ample copies available to the public. Move to adopt Ordinance 1495, being an ordinance amending Ordinance No. 1490 City Code of2005, vacating a portion of 39th Avenue NE. Move to waive the reading of Ordinance No. 1496, there being ample copies available to the public. Move to adopt Ordinance 1496, being an ordinance amending Ordinance No. 1490 City Code of2005, vacating a portion of Lookout Place and Adjacent Alley. Attachments: Ordinance 1494, Ordinance 1495, Ordinance 1496. COUNCIL ACTION: P.71 ORDINANCE NO. 1494 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF 38th AVENUE NE , The City of Columbia Heights does ordain: Section 1: The City of Columbia Height hereby vacates a portion ofthe public street over, across, and under the following described property, to wit: That part of 3 8th Avenue NE, as dedicated in the Plat of Columbia Heights Annex to Minneapolis, lying W of the southerly extension of the westerly right of way of Fifth Street NE and lying E of a line drawn from the NW comer of Lot 1, Auditor's Subdivision No. 50 to the SW comer of Block 98, Columbia Heights Annex to Minneapolis. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.72 ORDINANCE NO. 1495 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF 39th AVENUE NE The City of Columbia Heights does ordain: Section 1: Section 2: Section 3: First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described propeliy, to wit: That part of 3 9th Avenue NE as opened, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northwesterly of Block F of said Columbia Heights Annex to Minneapolis and Registered Land Survey No. 159, Anoka County, Minnesota, and lying easterly and southeasterly of the following described line: Beginning at the NW corner of said Block F; thence N 00 degrees, 07 minutes, 50.seconds E, assumed bearing along the W line of said Block F and its northerly extension a distance of33.53 ft; thence northeasterly a distance of 136.06 feet along a non-tangential curve concave to t.he SE having a radius of 735 ft, a central angle of 10 degrees, 36 minutes, 24 seconds, and a chord that bears N 53 degrees, 26 minutes, 07 seconds E; thence N 58 degrees, 44 minutes, 19 seconds E, tangent to said curve, a distance of 368.46 ft; thence northeasterly a distance of 51.35 ft, along a tangential curve, concave to the SE having a radius of276.01 ft, and a central angle of 10 degrees, 39 minutes, 38 seconds to the intersection of the southeasterly line of said 39th Avenue NE as opened, said line also being the northwesterly line of said registered land survey no. 159, and described line there terminating. The vacation of 39th Avenue NE described above shall be subject to the following condition: An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities ofXcel Energy over, above or across that part of the northwesterly 5 feet of 39th Avenue NE described above. This ordinance shall be in full force and effect from and after 30 days after its passage. Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.73 ORDINANCE NO. 1496 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE AND ADJACENT ALLEY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street and alley over, across, and under the following described property, to wit: That part of Lookout Place and that part of the 'vacated alley, as dedicated in the plat of Columbia Heights Annex to Minneapolis, lying N of the westerly extension of the S line ofthe northerly 12.5 ft of Lot 11 and lying S of the westerly extension of the N line of the S half of Lot 10. Section 2: The vacation described above shall be subject to the following conditions: An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part of the vacated Lookout Place above: Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor-Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.74