Loading...
HomeMy WebLinkAboutNovember 14, 2005 Regular CITY OF COLUMBIA HEIGHTS ", 5~~ 40th AYen~e N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 VISit Our Websae al: lVlV1V.ci. colu/llbia-lzeiglzls./Illl.US Mavor GalY 1. Peterson COll/lci/members Robert A. Williams Bruce Nawrod.i Tammera Ericson Diehm Bruce Kelzenberg Citv MallUfler Walter R. Felzst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 14,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. ADMINISTRA nON 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 an'angements. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERJROLL CALL/INVOCATION Invocation by Pastor Dave Bliley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majolity vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations 1) Malee a Difference Day - Rising to New Heights C) Introduction of New Employees - none D) Recognition 1) CERT Graduation p6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as pal1 ofthe 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 October 24, 2005 regulal" City Council meeting P7 MOTION: Move to approve the minutes ofthe October 24, 2005 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept minutes of the July 26,2005 HRA meeting. P22 b) MOTION: Accept minutes of the August 23,2005 EDA meeting. P27 c) MOTION: Accept minutes of the October 5,2005 Library Board budget meeting. P30 d) MOTION: Accept minutes ofthe October 5,2005 Library Board meeting. P33 e) MOTION: Accept minutes of the November 1,2005 Planning & Zoning Com. Meeting. P34 3) Adopt Resolution No. 2005-68, being a Resolution canceling the City Council meeting of Monday, December 26,2005. P39 MOTION: Move to waive the reading of Resolution No. 2005-68, there being al11ple copies available to the public. City Council Agenda November 14,2005 Page 2 of 5 MOTION: Move to adopt Resolution No. 2005-68, being a Resolution canceling the City of Columbia Heights regular City Council meeting of Monday, December 26, 2005. 4) AuthOllze the transfer of (Safe and Sober program) oveliime General Fund to the Police Dept. P41 MOTION: Move to transfer $3,367.03, the total amount of money received from the State of Minnesota for our effOlis in Safe and Sober program, from the General Fund to the Police Depmiment 2005 budget line #1020 Overtime. 5) AuthOllze the transfer of (off duty employment) overtime GeneFal Fund to the Police Dept. p46 MOTION: Move to transfer $3,047.12 received from Unique Thrift Stores, $411.25 received from Columbia Heights High School activities, and the $94 collected from Nordaune & Friesen - a total of $3,552.37 - from the General Fund to the Police Department 2005 budget under line #1020, Oveliime. 6) Approve premises pennit renewal/application Class B Gambling License for VFW Post #230 and Class B premise permit for VFW Post #230 activities at LaCabema Bar and Grill. P58 MOTION: Move to direct the City Mmlager to forwm'd a letter to the State Chm'itable Gmnbling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B chalitable gambling license for VFW Post #230, 4446 Central Avenue NE, Columbia Heights and the issuance of a Class B premises pennit for VFW Post #230 in conjunction with activities at LaCabema Bm' and Grill, 4952 Central Avenue NE, Columbia Heights; and fillihel1110re, that the City Council hereby waives the remainder of the sixty-day notice to the local govel11ing body. 7) Adopt Resolution No. 2005-80, for 15-foot side yard setback valiance at 628 38th Avenue P73 MOTION: Move to waive the reading of Resolution No. 2005-80, there being mnp1e copies available to the public. MOTION: Move to adopt Resolution No. 2005-80, being a Resolution approving a valiance from certain conditions ofthe City of Columbia Heights zoning Code for Ben Adams (628 38th Avenue). 8) AuthOllze change to Veit & Company Inc. contract ( City contract #1844) p83 MOTION: Move to authorize change orders #1 and #2 for additional work added to the contract by the City of Columbia Heights to Veit & Company in the amount of$368,705.99 with funding coming from the appropriate funds. 9) Authorize change order to Viet & Company Inc. Contract (City contract #1854) p88 MOTION: Move to authOllze contract change orders #1, #2, #3, #4, and #5 for additional work added to the contract by the City of Columbia Heights to Viet & Company, Inc. in the amounts of $4,205, $5,573, $25,900, $12,775 with funding coming from the appropliate funds. 10) Autholize contract change order to Frattalone Companies Inc. Contract (City contract #1793) P96 MOTION: Move to authOllze contract change order #1 for additional work added to the contract by the City of Columbia Heights to Frattalone Companies, Inc. in the amount of$627,356.42 with funding coming fi-om the appropllate funds. 11) Approve Business License Applications P 100 MOTION: Move to approve the items as listed on the business license agenda for November 14, 2005 as presented regarding the new licenses for 2005 and the renewals for 2006. 12) Approve Payment of Bills 103 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register coveling Check Number 1147Lli through 115002 in the amount of$1,327,923.07. P.2 City Council Agenda November 14,2005 Page 3 of 5 6. PUBLIC HEARINGS A) Adopt Order conceming hazardous buildings on property located at 4321 5th Street desclibed as PIN 35- 30-24-21-0165 P104 Adopt Order conceming hazardous buildings on propeIty located at 4321 5th Street described as PIN 35- 30-24-21-0165, and authOlizing the Mayor and City Manager to execute the same. B) Adopt Resolution No. 2005-69 being a Resolution Declaring Nuisance and Approving Abatement of Violations at 431 0 Washington Street NE P 109 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-69 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-69, a resolution of the City Council ofthe City of Columbia Heights declaring the propeIty at 4310 Washington Street NE a nuisance and approving the abatement of violations from the propeliy pursuant to City Code section 8.206. C) Adopt Resolution No. 2005-70 being a Resolution for Rental Housing License Revocation at 5057 University Avenue NE. P 11 6 MOTION: Move to close the public healing and to waive the reading of Resolution No. 2005-70 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-70, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, AIiicle IV, Section 5AA08(A) ofthe rental license held by Osama Abdel-Kerim regarding rental propeIty at 5057 University Avenue NE. D) Adopt Resolution No. 2005-71 being a Resolution for Rental Housing License Revocation at 3820 Tvler Street NE. P 119 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-71, there being aluple copies available to the public. MOTION: Move to adopt Resolution No. 2005-71, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by MDC 2000 regarding rental propeliy at 3820 Tyler Street NE. E) Adopt Resolution No. 2005-72, being a Resolution for Rental Housing License Revocation at 218-220 42nd Avenue NE. P122 MOTION: Move to close the public healing and to waive the reading of Resolution No. 2005-72, there being ample copies available to the public. rvIOTION: Move to adopt Resolution No. 2005-72, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Stacy Stutleberg regarding rental propeliy at 218-220 42nd Avenue NE. F) Adopt Resolution No. 2005-73, being a Resolution for Rental Housing License Revocation at 4518-20 Washington Street NE. P125 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-73, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-73, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, AIiicle IV, Section 5AA08(A) of the rental license held by Cha Yang regarding rental propeliy at 4518-20 Washington Street NE. P.3 City Council Agenda November 14, 2005 Page 4 of 5 G) Adopt Resolution No. 2005-74, being a Resolution for Rental Housing License Revocation at 4038 Madison Street NE. P128 MOTION: Move to close the public heming and to waive the reading of Resolution No. 2005-74, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-74, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Aaron Holmbeck regarding rental propeliy at 4038 Madison Street NE. H) Adopt Resolution No. 2005-75. being a Resolution for Rental Housing License Revocation at 3726 3rd Street NE. P131 MOTION: Move to close the public heming and to waive the reading of Resolution No. 2005-75, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-75, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by TJ Holdings regarding rental propeliy at 3726 3rd Street NE. I) Adopt Resolution No. 2006-76, being a Resolution for Rental Housing License Revocation at 4255 3rd Street NE. 134 MOTION: Move to close the public heming and to waive the reading of Resolution No. 2005-76, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-76, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Michael Juaire regarding rental propeliy at 4255 3rd Street NE. J) Adopt Resolution No. 2005-77, being a Resolution for Rental Housing License Revocation at 1000 Peters Place NE. P137 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-77, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-77, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Peters Place, LLC regarding rental propeliy at 1000 Peters Place NE. K) Adopt Resolution No. 2005-78, being a Resolution for Rental Housing License Revocation at 4952 Central Avenue NE. P 1 40 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-78, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-78, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursumlt to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by LaLa Jesus regarding rental property at 4952 Central Avenue NE. L) Adopt Resolution No. 2005-79, being a Resolution for Rental Housing License Revocation at 825 50- 1/2 Avenue NE. P143 MOTION: Move to close the public heming mld to waive the reading of Resolution No. 2005-79, there being mnple copies available to the public. MOTION: Move to adopt Resolution No. 2005-79, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Aliicle IV, Section 5AA08(A) ofthe rental license held by Wadi Ayham regarding rental propeliy at 82550-1/2 Avenue NE. PA City Council Agenda November 14,2005 Page 5 of5 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place P146 MOTION: Move to table the second reading of Ordinance No. 1500 vacating a portion of Lookout Place, until approximately 7:00 p.m. on Monday, January 23,2006 in the City Council Chambers. B) Bid Considerations - none C) Other Business 1) Adopt the Columbia Heights City Council Policy and Procedures for a Public Hearing and the City of Columbia Heights City Council and Planning Commission Public Meeting Guidelines. P 148 MOTION: Move to adopt the Columbia Heights City Council Policy fuld Procedures for a Public Hearing and the City of Columbia Heights City Council and Planning Commission Public Meeting Guidelines. 2) Adopt Elected Officials Out of State Travel Policy MOTION: Move to adopt the attached "Elected Officials Out-of-State Travel Policy". P160 8. ADMINISTRATIVE REPORTS A) Report of the City Manager Work session items for November 21,2005: B) RepOli ofthe City Attomey 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 his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT v~4r Walter R. FeHst, City Manager WF/pvm P.5 CITY COUNCIL LETTER Meeting of: November 14, 2005 AGENDA SECTION: PROCLAMATIONS, PRESENTA- TIONS, RECOGNITION, & GUESTS ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL NO : i-{ f3 j ITEM: RECOGNITION OF MAKE A DIFFERENCE DAY PROJECTS SUBMITTED TO "RISING TO NEW HEIGHTS" BY: TED LANDWEHR, PRESIDENT OF " RI SING TO NEW HEIGHTS' , DATE: NO: October 22, 2005, was national Make A Difference Day. This unique national program inspires and rewards volunteers. It is a day of helping others---a celebration of neighbors helping neighbors. "Rising to New Heights" urged people to look around the community and come up with a project and register it with the organization. Tonight "Rising to New Heights" wishes to specially recognize those projects and the people who did them. The following people/groups submitted projects to "Rising to New Heights" : Columbia Heights Seniors Project: Approximately 45 senior citizens put 1,000 gift bags together for the International Torchlight Run for Special Olympics which was held the week of October 24ili - October 28th in the Twin Cities. Items in each bag included chips, candy, cereal, coupons for the Mall of America, items from businesses (Target, Land 0' Lakes) and governmental agencies such as the State Patrol, maps of the Twin Cites, golf tees, etc. The senior citizens also assembled 2,000 gift bags this summer for Special Olympics participants and volunteers for this event in June. Participants: Janet Gillespie, Olive Stanislowski, Irene Czapiewski, Margaret Wodziak, Shirley Moeller, Paul Moeller, Joan Pyka, Gloria Santillo, Lorraine Kroll, Bernice Gacek, Marlys Wallin, Kaye Stickler, Inez Davis, Georgia May, Marie McCosh, Ruth Thompson, Ardyce Sandberg, Esther Trisko, Bertha Margotto, Emily Dvorak, Jeanne Blom, Sally Desormay, Marilyn Sheppard, Linda Kosloski, Mary Soliday, Loraine Reisewitz, Rosemarie Hofstad, Donna Novak, Liz McCarthy, Ardra Legler, Kay pogemiller, Elsie Purcell, June Sadowski, Evelyn Karn, Rose Wasut, Darlene Bielejeski, Clarice Martin, Virginia Erickson. Columbia Heights Employees Project: This year, 34 city employees prepared 40 "birthday boxes/bags" for children of needy families to be distributed by SACA. Every bag/box contained a cake mix, frosting, candles, cups, napkins, plates, forks, and balloons plus a gift for the birthday child, party favors and games, etc. The birthday bags/boxes were delivered on October 21st, and they will be distributed by SACA. Participants: Amy Moser, Councilmember Bruce Kelzenberg, Councilmember Bruce Nawrocki, Carole Blowers, Cheray Crossman, Cristy Tombarge, Deanne Saefke, Diane Arne, Henry Henry, Jean Kuehn, Jeanine Schmidt, Joanne Baker, Joanne Peterson, John Murzyn, Karen Moeller, Karen Olson, Kathy Young, Keith Windschitl, Kelly Olson, Larry Scott, LeAnn Ottney, Linda Magee, Liz Bray, Marsha Tubbs, Mary Dugdale, Matt Graves, Nancy Soldatow, Pat Sowada, Paula Haynus, Sherri Jensen, Steven Synowczynski, Steve Leese, Tom Johnson, and Walt Fehst. John and Marvin Sawada Project: The Sowadas again donated approximately 400 pounds of vegetables from their farm garden to SACA throughout the summer. This fall, they donated pumpkins, gourds and squash to SACA. This October, they donated approximately 700 pounds of vegetables to SACA. Participants: John and Marvin Sowada Participants have been contacted in advance to attend tonight's council meeting and to be recognized by Ted Landwehr, President of "Rising to New Heights" . P.6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 24, 2005 JHFSE MINUTES HAVE NOT BEEN APPROVED. 5-~A - \ The following are the minutes for the regular meeting ofthe City Council held at 7:08 p.m. on Monday, October 24, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Mayor Peterson apologized for the late start of the meeting indicating Councilmember just completed an executive session to discuss labor negotiations. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Greg Loper, ChristIife Evangelical Church, gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councihnember Nawrocki, Councihnember Ericson Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson added an amlouncement by Pastor Dan Thompson. Nawrocki requested to add budget discussion, letter from Walker Methodist to HRA, and to allow him to speak at the beginning of the meeting relative to the last meeting. Peterson placed the items under Other Business, items B3 and B4. Nawrocki stated that minutes of the last meeting indicate the discussion became personal and tempers flared. The City Manager called him to apologize for any disparaging comments and showing some of his temper. This showed leadership, as it is hard for anyone to apologize. Nawrocki commended Williams for trying to improve relationships on the City Council. Nawrocki stated that he does not apologized for bringing up items, as he believes in open govemment and giving items proper attention. He stated that he has the right to make COlmnents without being intelTUpted. Nawrocki indicated that he takes offense to the comment that nothing has being done in the city in the last 30 years. He listed major projects completed and the number of parks in the city. He expressed that we have a good city staff in general, that looks for cost effective use of citizen funds. He read an email received fi'om Steve Tiedman indicating disappointment in the behavior at the last meeting. Nawrocki stated he spoke to him on the phone and read the follow up letter thanking him for the call. Nawrocki stated he watched the tape ofthe last meeting and does not apologize for bringing items fOlward at Council meetings, but stated that he will try to do so more respectfully. He read a letter of support from Mr. Warner. PROCLAMATIONS, PRESENTATIONS. RECOGNITIONS AND GUESTS Introduction of New Employee - Sue Smiwell, Accounting Clerk II-Finance Fehst stated that Ms. Smiwell replaces Barb Kelzenberg, and comes highly regarded. Sue Sartwell listed her background. Guests Pastor Dan Thompson stated his congregation and others in the cOlmnunity wanted to find a way to say thank you to our veterans. They found inspiration in a film. Thompson stated that on Fliday, November 4th at 1 :00 p.m. the film "Bridge Over the River Kwai" would be shown free to any military personnel, current or fonner. All others are asked for a $10 donation toward the MN National Gum"d fmnily fund. P.7 City Council Minutes October 24, 2005 Page 2 of 15 Miscellaneous Nawrocki brought f01ih the comment :limn Harold Hoium that he received late notification of the abatement hearing on his propeliy and asked the effect this would have on the process. Jim Hoeft, City Attomey, stated the procedure was handled as required. Fire Chief Gary Gonnan stated proper notice was mailed to the property on 5th Street and his CUlTent address on 3Td Street by regular mail and certified mail. Nawrocki asked ifthere was a receipt received on the notice. Harold Hoium stated the letter he refelTed to was dated October 4th, and that the letter was not available to him until after the Council meeting of October 10. Gonnan stated that Hoium was notified prior to the healing date by a minimum often days. Hoeft stated Hoium received the administrative search WalTant the day following the meeting. G011l1an indicated that Hoium was found and served the search walTant three hours into the abatement process. CONSENT AGENDA WaIt Fehst, City Manager, took Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for October 10, 2005 regular City Council meeting Motion to approve the minutes of the October 10, 2005 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept minutes of the August 24,2005 Park and Recreation Commission meeting. Nawrocki requested infonnation on the Sullivan Park improvements reference in the minutes. 3) Adopt Resolution No. 2005-64 being a Resolution certifying Petition and Waiver Assessments for Private Water Services - Removed 4) Adopt Resolution No. 2005-61. being a Resolution to approve application to MN DEED for contamination cleanup grant for Phase III of the Industrial Parle. Motion to waive the reading of Resolution No. 2005-61, there being ample copies available to the public. Motion to adopt Resolution 2005-61, being a Resolution to approve application to the MN Depaliment of Employment and Economic Development for a Contamination Clean Up Grant and conunitment oflocal match. RESOLUTION 2005-61 RESOLUTION AUTHORIZING APPLICATION FOR MINl'-lESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deteIioration, blight, substandard stIuctures, and enviromnental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deteIioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for p:n grant program for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay .8 amount equal to 12 % of the cleanup costs from City Council Minutes October 24, 2005 Page 3 of 15 unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 25,2005, by the City of Columbia Heights for Phase III of the Industrial Park; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on October 25, 2005, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Mumesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for tmancial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or COlrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Mimlesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated ill all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authOlized to execute such agreements as are necessary to iInplement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). I certify that the above resolution was adopted by the City Council. 5) Adopt Resolution No. 2005-62, being a Resolution to approve application to MN DEED for contamination investigation and RAP Development Grant Application for 39th and Central Fehst stated this is a $50,000 grant to research development at the Mady's site. Motion to waive the reading of Resolution No. 2005-62, there being ample copies available to the public. Motion to Adopt Resolution 2005-62, being a Resolution to approve application to the IvIN Depmiment of Employment and Economic Development for Contamination Investigation and RAP Development Grant Application and cOlmnitment oflocalmatch. RESOLUTION NO. 2005-62 RESOLUTION AUTHORIZING APPLICATION FOR MN DEPT. OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) GRANT FOR INVESTIGATING CONTAMINANTS AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the City) has identified the redevelopment of the properties at 3939,3927 and 3905 Central Avenue, known as the 39th and Central Redevelopment Area, as a high priority for redevelopment; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard stmctures and environmental concerns, and that there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevP. 9,ment of the site; and City Council Minutes October 24, 2005 Page 4 of 15 WHEREAS, the City has recently identified and completed Phase I assessments of all three properties in the redevelopment area in which various potential contaminants were identified; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESONOTA, that the City has approved the Contamination Investigation and RAP Development Grant application submitted to the Department of Employment and Economic Development (DEED) on October 25, 2005, by the City of Columbia Heights, Minnesota for the 39th and Central redevelopment site; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on October 25, 2005 and that the City Manager is hereby authorized to apply to tlle Department of Employment and Economic Development for funding of this project on the behalf of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for fmancial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED tllat the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or conupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights may enter into an agreement with the State of Minnesota for the above-referenced project, and that tlle City of Columbia Heights certifies tllat it will comply with all applicable laws and regulations as stated in all contract agreements; and NOW THEREFORE BE IT FINALLY RESOLVED that the City Council of the City of Columbia Heights, Minnesota is herby authorized to execute such agreements as are necessary to itnplement the project on behalf of the applicant. 6) Adopt Resolution No. 2005-63, being a Resolution authorizing application to the Met Council for Tax Base Revitalization Account (TBRA) funding for Phase III ofthe Industrial Park. Fehst stated tlus application would be to obtain funding similar to Phase 1. Nawrocki questioned what would happen if the lyant were not approved. Fehst stated that the developer would have to reassess their project, but indicated that the development agreement requires this application. Fehst stated the developer's requirements. Randy Schumacher, Project Manager, stated that if the grant were not approved, we would resubmit every six months for three application cycles. Our last application was ranked #1 in the state, and ground breaking for Phase II was held last week. Schumacher stated confidently that we would be funded, as our project is moving forward. Construction will begin this week and the foundry will be demolished in a week and a half. If it were not funded after three cycles, it would be the Developer's decision as to what would happen. Fehst stated the beliefthat the project would continue. Williams stated that our city is on the move and doing great tlungs. Our staff is getting grant money and we are proceeding. He listed the suppod given from all the different governmental agencies. Williams stated rus excitement for tills project. Motion to waive the reading of Resolution No. 2005-63, there being ample copies available to the public. P.lO City Council Minutes October 24, 2005 Page 5 of]5 Motion to adopt Resolution 2005-63, being a Resolution authorizing application to the Metropolitan Council for a Tax Base Revitalization Account (TBRA) Funding and conunitment oflocal match. RESOLUTION 2005-63 RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR TAX BASE REVITALIZATION ACCOUNT FUNDING WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2005 as detennined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a contamination clean-up project within the City that meet the Tax Base Revitalization Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account application submitted on October 25,2005; and BE IT FURTHER RESOL YED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreement as are necessary to implement the project on behalf of the applicant. 7) Approve the items listed for rental housing license applications for October 24, 2005 Motion to approve the items listed for rental housing license applications for October 24, 2005 as they have met the requirements of the Housing Maintenance Code. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 24, 2005 as presented (regarding the new licenses for 2006 and the renewals for 2005). 9) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register cove1ing Check Number 114583 through 114742 in the amount of$1,005,104.73. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of item #3. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2005-64 being a Resolution celiifving Petition and Waiver Assessments for Private Water Services Nawrocki indicated he thought there would have been hearings on this requesting Council approval. Peterson stated this is for lead services from the house to the stop box. Kathy Young, Assistant City Engineer, stated that residents were allowed to obtain their own plumber or use the project contractor. Hoeft stated that the property owner's petitioned the city for this option, signing a separate agreement to have the work done. TIns Resolution allows the cost to be certified to their taxes. Nawrocki requested to see the signed agreements. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2005-64, there being ample copies available to the public. Nawrocki indicated he did not think the prp.IIprocedure was followed, and those affected should City Council Minutes October 24, 2005 Page 6 of]5 have been invited to this meeting. Peterson stated that proper procedure was followed. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2005-64, being a resolution to celiify petition and waiver assessments to Anoka County for collection with the propeliy taxes. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-64 BEING A RESOLUTION TO CERTIFY PETITION AND WAIVER ASSESSMENTS WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public heatings and appeals as provided in Minnesota State Statute; and, WHEREAS, said inlprovements have been completed; and, WHEREAS, tIllS Council has heretofore estimated and ftxed the cost of such improvements and has prepared an assessment roll ilierefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES Section 1: That iliis Council does hereby adopt ilie aforesaid assessment roll known and described as "Assessment Roll for Petition and Waiver Construction Work" numbered 2005-SP-31-001. Section 2: That said assessments may be paid in part or in full without interest on or before November 15,2005. Any unpaid amount will be certifted to Anoka County for collection with ilie real estate taxes beginning wiili the taxes payable in ilie year 2006. The annual principal installments, togeilier with 5.5% accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect in1mediately upon its passage. PUBLIC HEARINGS A) Adopt Resolution No. 2005-65 being a Resolution for Abatement at 4315, 4317, 4321 5th Street NE Fire Chief Gonnan answered the earlier question on certified mail, indicating he does have the retum receipt that the letter was picked up on October 11 tho He stated that is the reason both regular mail and certified mail are used. The celiified letter for tonight's healing was picked up from the Post Office on October 19th. Gonnan stated that the last abatement was for the extelior of the property. The search wanant indicated that all buildings were full oftrash and storage items. Due to the health and fire hazard, and emergency abatement was initiated. This abatement is for the interior of the structures. Mayor Peterson opened the public hearing. Harold Hoium, 4315 5th Street, stated he did not receive the plior abatement letter until after the Council meeting of October 10th. The letter, dated the 4th, was mailed on the ih, he received notification fl.'om the Post Office on the 8th and picked it up on the 11 tho On the 1ih Officers gave him an order that they would do the abatement and ordered him to stay off the propeliy. Hoium was told there was another letter on the 13th regarding the walTant, which he did not receive. Hoium stated that he would have his day, and stated his hope that everything was being stored as he will get it all back. Nawrocki stated that anything removed fl.'om the propeliy has to be held for 60 days in bonded storage. Hoeft stated he could buy it back, and any funds fl.'om the purchase would go toward abatement costs. P.l2 City Council Minutes October 24, 2005 Page 7 of 15 Karstin McCarthy, 4215 5th Street, disagreed with removing property and having to pay to get it back. Motion by Kelzenberg, second by Ericson Dielun, to close the public heating and to waive the reading of Resolution No. 2005-65 there being ample copies available to the public upon. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson Diehm, to adopt Resolution No. 2005-65, a resolution of the City Council of the City of Columbia Heights declaring the property at 4315, 4317, 4321 5th Street NE, PIN NO. 35-30-24-21-0165 a nuisance and approving the abatement of violations from the propeliy pursuant to City Code, Chapter 8, Article II, Sections 8.201 thru 8.207. Hoium stated that during the abatement his fence has been tom down, allowing looting. If there were lioting, it would be the city's responsibility. It would be best if the property were secured. Upon vote: All ayes. Motion carried. RESOLUTION 2005-65 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Harold O. Hoium (Hereinafter "Owner of Record"). Whereas, the owner ofrecord is the legal owner of the real property located at 4315,4317, and 4321 5th Street, PIN No. 35-30-24-21-0165, Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on October 13, 2005. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA_ HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on October 12, 2005, an inspection and abatement of outside storage was conducted on the property listed above. A search warrant was obtained and the structures on the property were entered. Due to the large amount of debris, garbage, combustibles found inside the stmctures, the Columbia Heights Fire Department pelfonned an emergency abatement action pursuant to City Code, Chapter 8, Article II. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: Large amount of debris, garbage, combustibles found inside the structures on the property. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4315, 4317, an 4321 5th Street, PIN No. 35-30-24-21-0165 is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the propeliy listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4315,4317, and 4321 5th Street, Pin No. 35-30-24-21-0165 constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shEP. 1 3served upon all relevant parties and parties in interest. City Council Minutes October 24, 2005 Page 8 of 15 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 B) Adopt Resolution No. 2005-66 being a Resolution for Rental Housing License Revocation at 1213 Cheery Lane NE G0l111an stated the owner has failed to submit the application, pay the fee and schedule an inspection. Nawrocki asked if the building was posted to notify the tenants. G0l111an stated that residents are notified by regular or celiified mail. Nawrocki stated that in the resolution the word "suspension" should be crossed out. Motion by Williams, second by Kelzenberg, to close the public healing and to waive the reading of Resolution No. 2005-66, there being ample copies available to the public. Upon vote: all ayes Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-66, a resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, AIiicle IV, Section 5AA08(A) of the rental license held by Ryan Foltz regal"ding rental property at 1213 Cheery Lane NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-66 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-13 Cheery Lane NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 4, 2005 of an public hearing to be held on October 24, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 15, 2005, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 15, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 4,2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure of the owner to submit a re-licensing application to the Fire Department. b. Failure of the owner to schedule a re-licensing inspection. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6814 is hereby revoked/suspended; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. P.14 City Council Minutes October 24, 2005 Page 9 of 15 C) Adopt Resolution No. 2005-67 being a Resolution for Rental Housing License Revocation at 4643 ih Street NE. GOlman stated the owner has failed to submit the application, pay the fee and schedule an inspection. Motion by EIicson Diehm, second by Williams, to close the public heming and to waive the reading of Resolution No. 2005-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Willimns, to adopt Resolution No. 2005-67, a resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Ahmed Abdullahi regarding rental property at 4643 7th Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-67 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Ahmed Abdullahi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 ih Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 5, 2005 of an public hearing to be held on October 24,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 15,2005, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 15, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 5, 2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a) Failure of the owner to submit a re-licensing application to the Fire Department. b) Failure of the owner to schedule a re-licensing inspection. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6780 is hereby revoked/suspended; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION A) Other Business 1) Approval of Sarna's Addition Preliminary Plat, 10 foot front yard setback vmiance and sign vaIimlce - Case #2005-1001 Jeff Sargent, City Planner, stated the request is for approval of the preliminary plat for 40th and University and for three vaIiances. He descIibed the vmiances, parking, contingencies of light-of way improvements, and vacations ofpP.15liy. The Planning and Zoning COlmnission (P&Z) has City Council Minutes October 24, 2005 Page 10 ofl5 recommended approval of the preliminary plat with 21 conditions, a 10 foot set back valiance, and sign valiance for a monument sign. Nawrocki questioned the outcome ifMNDOT did not tum back the 30 feet indicated. Sargent stated that the building would have to be redesigned to fit the property, but we believe they are in agreement and just need the signed Commissioner's letter. Nawrocki indicated this would allow signage double that of the current sign ordinance. Sargent stated this is a request by the developer and a pylon sign is allowed in cOlmnercial and general business zoned areas and along highways. Being in the 40th corridor restlicts them to a monument style sign. Their desire is to attract attention from University Avenue. Nawrocki questioned the number of seats planned for the restaurant. Sargent stated 188 seats including the patio. There will not be a top deck and the basement will be used for storage only. Nawrocki questioned where the employees would park. Sargent stated the parking requirement includes employee parking. Nawrocki disagreed. Elicson Diehm stated that the proposed parking meets our code requirements and is calculated on the seating and employees. Sargent stated their parking would exceed it. Elicson Diehm stated that it was pointed out at the P&Z meeting that an elevator would be required ifthe lower level were used for seating. An elevator is not being planned. Nawrocki expressed concem that overflow parking would be in residential neighborhoods. He commented on the type and cost of food to be served and the cost of the land. Sargent addressed the agreement reached today between Sama and adjacent property owner Gondeck. He showed an updated site plan with the tuming radius meeting city requirements. Williams indicated information learned today shows that we require larger parking spots than the City of Minneapolis, and questioned why our requirement is larger. He complimented the Mayor on facilitating the agreement between the developer and the adjacent landowner. Kelzenberg also cOlmnended the Mayor for facilitating the agreement and applauded the owners for settling any issues. Joyce Shellito, 403 Summit Street, questioned the changes in the number of proposed seats. Peterson stated that can change with design, fumiture, and decor changes. The preliminary plat exceeds parking requirements. Mike Hurley, friend of Mr. Sama, thanked staff and the Mayor for facilitating the agreement today. He referred to easements on the property, redevelopment costs and costs plior to building. There may be 17 feet of soil correction required. Nawrocki indicated there has already been soil correction on this site. One estimate indicated this land could be valued at $7 to $15 a foot. The $3.50 we would receive is half ofthe low estimate. Hurley and Nawrocki discussed building restrictions because of easements on the property. Motion by Williams, second by Kelzenberg, to approve the Sama's Addition preliminary plat, subject to the 21 stated conditions as approved by the Planning COlmnission, to approve the 10- foot fi'ont yard setback variance for hard surface parking for Sama's Addition, and to approve the 8-foot height variance and the 35 square foot area valiance for the monument sign for Sama's Addition. P.16 City Council Minutes October 24, 2005 Page 1] of 15 Nawrocki asked that the motion include restriction of the basement for public use and screening for residential areas. Hoeft stated those were site plan issues and would be addressed in the final plat. Nawrocki indicated he would vote against this because the property is too small, the City is not getting properly compensated for the land, and the plat does not consider the neighbors and potential parking problems. Peterson indicated that the developer has worked with the neighbors during the process. Williams stated that we are getting a fair price for the land and this would be an improvement, a gateway to our city. Peterson expressed his excitement about the project. Shellito suggested making the parking spaces smaller, like Mil1l1eapolis, to allow more parking. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Dielml, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Approve installation of a "Four way" stop sign on Lincoln TelTace and Fillmore Street Young indicated that the Traffic COlmnission held a public heating for installation of these signs. The Oliginal request was to change yield signs to stop signs, with a final reconunendation of a four way stop. The council letter lists traffic accidents at the location in the last three years. She stated that there were surveys conducted on the streets. Fillmore traffic is at a higher speed than nonnal streets, with pedestrian traffic from the schools. There is a four way stop at 50th and Fillmore, which would mean two four way stops in less than 800 feet. Young stated that staff does not recommend adding the stop signs, however the Traffic COlmnission did recommend the four way stop. Jessie Hart, 1401 Lincoln TelTace, described the many "close calls" at that comer. She refelTed to high speeds in this area, and indicated that the speed monitors cause people to slow down. Cars coming around the comer at a high rate of speed end up in front yards. Hatt indicated that the petition she signed was for a four way stop. She stated that we should be pro active instead of reactive. Bomne O'Brien, 4905 Fillmore, stated this area is a racetrack all day and evening and she will not walk in tIns area. John Sarkinen, 4446 Arthur, stated that he lives on the comer of 45th, wInch is much worse. He indicated it is not good to have a stop sign every block. Kelzenberg agreed with the residents, as he drives in this area. The original request to the Traffic COlmnission was for two stop signs, but following discussion a four way stop was recOlmllended. He felt this intersection was an accident waiting to happen. TIns was a unanimous recOlmnendation by the Traffic COlmnission; the first such reconunendation since he has been their Council Liaison. Motion by Williams, second by Kelzenberg, authorize installation of four way stop signs on Lincoln TelTace and Fillmore Street based on the configuration ofthe intersection and the amount of pedestrian traffic generated by the nearby schools, based on the recOlmnendation of the Traffic COlmnission. Upon vote: All ayes. rv.Iotion carried. B) Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1499. Vacating a portion of 45th Avenue NE P.17 City Council Minutes October 24, 2005 Page 12 of 15 Sargent stated this request is from Jo1m Sarkinen on Arthur Street. The recommendation is to vacate the requested portion of 45th Avenue. Motion by Williams, second by Elicson Diehm, to waive the reading of Ordinance No. 1499, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Elicson Diehm, to adopt Ordinance No. 1499, being an ordinance vacating a pOliion of 45th Avenue NE. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1499 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF 45th AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of the southerly twenty (20) feet of adjacent vacated 45th Avenue NE between the northerly extension of east and west lines of North 12 of Lot 17, Block 2, Walton's Sunny Acres Addition to Columbia Heights MirUlesota, Columbia Heights, Anoka County, Minnesota. Section 2: The vacation of the alley 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 of Xcel Energy over, above or across that part of a 10-foot wide strip of land being 5 feet on each side of a line drawn parallel with the 25 feet north of the north line of Lot 17, Block 2, Walton's Sunny Acres, Anoka County, Minnesota, said north line also being the south line of 45th Avenue NE, Columbia Heights, Minnesota. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. 2) Second Reading of Ordinance No. 1500, Vacation a POliion of Lookout Place Sergeant stated this was contingent on all conditions and approvals reached on the Sarna plat, which has not been done. He recommended tabling the second reading of Ordinance No. 1500. Motion by Ericson Diehm, second by Kelzenberg, to table the second reading of Ordinance No. 1500, vacating a pOliion of Lookout Place until Monday, November 14, 2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3) Budget Nawrocki stated that not enough time has been scheduled for budget discussion. He again requested copies of the Library power point presentation and comments ii-om the Board member on behalf ofthe Board. He indicated that infonnation was not received on other Library funds, such as capital money and reserves to back up cash flow for the first half of the year. He asked for the amount in the fund where the Helitage Park consultant fees came from. Nawrocki stated that we have $3,000,000 in undedicated funds and he wants a better handle on this. He indicated he is waiting to see the three or four versions of the budget article for the city newsletter. He asked when the budget would be adopted. Peterson stated it would be presented to the public on December 5th and adopted on December 1ih. 4. Letter ii'om Walker Methodist to HRA Nawrocki stated that Walker Elder Care Services is contracted to run the Parkview Villa high lise. He stated that he was not given a chance to respond to the pOliions of the letter read by the Mayor at the last meeting. The letter was sent to Mr. Streetar and the HRA. He read the entire letter. Nawrocki stated he met with them last week. The infonnation in their financial statement is not detailed and he has no knowledge ::t~ to how they allocate their funds. As to his alleged harassment, it is no secret that he has nt 18ed the way the so called "manager" has treated the City Council Minutes October 24, 2005 Page 13 of15 residents. She appears to have a minimal background to work with such citizens. He indicated that Streetar requested she be given time for special training. The training was minimal. He stated that in talking with residents and other members of the HRA, he gets the feeling the treatment of the tenants is not desirable. Nawrocki stated that he suggested Mr. O'Donnell personally speak to the residents, which he refused to do. Nawrocki stated that after not seeing any change, he expressed his views on the way things are going. They call it harassment; Nawrocki stated he calls it constmctive cIiticism, and suggest changing personnel with another of their faculties. ADMINISTRATIVE REPORTS RepOli of the City Manager . PrimalY time spend in the next month or two will be to try and get the budget passed. Wednesday and Thursday nights are budget meetings, and November 7th would be the next budget meeting. . Regarding 4152 Cleveland Street - the building has been posted as uninhabitable. There have been problems with the owner. The immediate concem was emptying the dumpster. If it is not done by end of the week we will have it done alld bill the owner. Building permits are good for a year, but we are looking at speeding up that process, and by not allowing only a little progress and then coming back for another pennit to do only a little more work. Weare also looking at how to abate a property despite a building pemlit. Williams requested to put the pictures of the property on camera. He -also requested a work session on tIns and parking space size issues. Williams requested we do sometlling about the housing maintenance issue at 3842 Reservoir. Peterson asked if a contractor is doing the work on the Cleveland Street home. Nawrocki stated that. initially a building pennit was not obtained and that the Building Official has detennined that the foundation is not adequate. He requested to see the County records on who owns the propeliy, The taxes al"e current. Hoeft indicated looking into reducing the time period of a building permit to six months to keep projects from lingeIing. Assistallt Fire Cllief John Larkin stated that Joy Lynn Lucas is the owner and Mr. Rico has the property on a contract for deed. He stated that staffhas spoken to her father regarding removal of the dumpster. . 1000 Peters Place is in default on their water bill and will be shut off. . Complimented the Mayor for brokeling an agreement between Sama and Gondeck. Nawrocki comments . Xcel has requested comments in an effort to improve public relations. Suggested we respond regarding the butcheling of trees and other problems. Wants a copy of the letter. . City auction list has two generators - with recent power outages, we should keep them. Fehst stated the assumption that they are small, old and worn out. He will research this. . Wants infonnation on how pemlit fees were determined. State law indicates it must be on actual cost. Fehst stated thatfees have not been increased since 1997 and should be looked at again. Written documentation is not necessmy.lfyou are challenged, you must show verification offees. e When did Council ask the Planning and ZOI1ing Commission to address 2:00 a.m. bal' closings? . Cost oftree cleanup fimn the stonn will be about $50,000. Where will the money come fi'om, budget revisions or reserve funds. Fehst stated that we are under spent this year and would use those fimds for tree care. . Requested an update on the car dealershin moratorium. Fehst stated the Planner is looking at this. We have not changed our position on ncP.1 9')wing a lot of car storage. City Council Minutes October 24, 2005 Page 14 ofl5 C) Report of the City Attorney - nothing to report CITIZENS FORUM Harold Hoium, 5th Street, gave his opinion on parked cars blocking traffic and hindering street maintenance. Large dogs rmming loose need to be controlled. More trees would be saved fi"om stonns if they would be properly trimmed. On 42nd there is a designated street with no curb or gutter. There are trees in the way of the light to cross University Avenue. A sidewalk is needed on University and 3rd Avenue. There should be street signs on all city streets; there is no sign at 42nd and University. It is a problem having too many part time people working for us. Mickey Rooney thanked the City Council for redevelopment efforts in Columbia Heights. He stated he was at the ground breaking last week and is proud that things are "taking off'. He gave three cheers to the City Council. COUNCIL CORNER Kelzenberg . Reminded citizens of the no parking ban on streets in the winter. We have good streets. . On Halloween - be careful dliving. Williams . Sanitary sewer cleaning has paid off with no backups. Fehst stated there was one during the last storm. Before addressing illegal connections, we had a lot of backups. . Hope that we can all be statesmen. We must leam to be peacemakers. . Values for this month are peace and conflict resolution. iii Excited about Phase II of the industrial area. The Met Council and State are behind us in this redevelopment. G We have decent streets in our town. An article in today's paper indicates other suburbs are complaining about their streets. Our Public Works Department works hard on tins. Fehst credited former City Manager Mark Winson for putting this program together and Kevin Hansen, Public Works Director for continuing the program. Part of a city's value is keeping up the streets. . We have received favorable responses regarding funding for the pond in the park. 8 Have heard COlmnents about the "progress" in our city. . Pray for one another. Peterson . Before we meet again, the School District will hold their referendum vote. Get educated on this - find out the facts. He will vote affim1ative. We can not have a strong city without good schools. iii Do a random act of kindness. Ericson Diehm . Spoke of the ground breaking and all the agencies that came together. hnpressed with the Ryland Homes group. They have already sold 12 to 14 units. The area will draw more attention when the building begins. . Make a Difference Day was last Friday. Many people did projects. If you participated, please pass the infonnation on to City Hall or the Rising to New Heights Committee for recognition. P.20 City Council Minutes October 24, 2005 Page 15 of 15 Williams . Committed to and supports the school referendum. To have a strong city, we need our youth educated. Our new developments will bring in about 700 new homes and they would immediately pay toward this levy. Nawrocki . Don't just credit staff for street improvements. Remember that residents pay the cost. . Referred to the August 31 League ofMN Cities Bulletin, page 3, regarding pennit fees. . Saturday, October 29, at noon, VFW Post 230 will host the Fire Explorers Booya luncheon. . The Chalier COlmnission passed a motion to pursue adding two Councilmembers at large and adding wards for the four Councilmembers. . SRA met last week. Xcel will file petitions asking for a seven to nine percent pay increase. The SRA will continue to work on utility location rules, which would be expensive for cities. .. Northstal' COlmnuter rail is moving towal'd having a line to Big Lake and then to St. Cloud. There would not be any stops in Columbia Heights. The closest station would be in Fridley. . The League ofMN Cities and Association of Metro Municipalities will meet Thursday, November 17. It will be followed by a legislative policies meeting. . Presented draft policies for the League ofMN Cities. Williams . Agreed that our citizens have paid for the streets, water and sewer systems. Their home values have also increased significantly, Council has a responsibility to continue to build our City. . Invited everyone to the Mayor and Mrs. Peterson's Holiday Kick Off Party on Saturday, November 26, He listed all the activities. Proceeds will go to the Columbia Heights Activity Fund. A 4x4 ATV will be raffled off. Peterson . Patty Muscovitz will pick up her son from Anny basic and AIT training in Missomi this week before he heads offto his station in Korea. We are all velY proud of him and all our soldiers, and we will continue to pray for them. ADJOURNMENT Mayor Peterson adjoumed the meeting at 10: 1 0 p.m. Patlicia Muscovitz, CMC Deputy City Clerk/Council SecretalY P.2l ~i)-A)-q HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JULY 26,2005 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Bruce Nawrocki at 9:31 p.m., Tuesday, July 26, 2005, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Milmesota. ROLL CALL Commission Members Present: Bruce Nawrocki, Tammera Ericson Diehm, Bobby Williams, Dennis Eckhmd Jr., Patricia Jindra, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes MOTION by Williams, second by Jindra, to approve the minutes from April 26, 2005, regular meeting as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY Welke stated in April, May and June the North building had no vacancies and the south building having only one. In April the waiting list numbers continued to rise. For May the police calls where a little higher. At the May Resident Council meeting there were sixty three residents in attendance, it was voted on to see how many were interested in getting a reduced rate for their cable tv, which 52 residents weren't interested. Welke asked ifNawrocld wanted her to look into this more. Nmllrocki stated he would look into it, through the City contract. Welke stated in June a PIUS inspection was preformed and we received a score of86. The physical score was the lowest. Maintenance man, Terry Bush made a list of things to fix after the inspection and made most of the repairs within 24 hours. Williams stated 86 out of 100 is about a B+, which he felt was a grade to be proud of Jindra asked if the score was down from last year. Welke stated the physical score was down but everything else went up. Nawrocki asked if they inspected each unit. Welke stated this inspection was more for the common areas, equipment and that the HUD computer selects approximately 1/3 of the units to inspect. Nawrocki stated he felt disappointed in the management of the building, and that Walker hasn't done their job. RESIDENT COUNCIL MINUTES Jindra stated the residents will be holding their Bazaar in September and would like some support by helping sell some tickets for the event or attending. Bakken stated she has submitted an advertisement for the Heights Happenings September issue. CITIZENS FORUM Marilyn Beers, Unit 124 stated she has lived at Parkview for 15 months without using her shower, there was 9 inches of mold on the walls and that the former resident let her cat live under the bathroom sink, so it smells of cat urine, and wanted the board to know that she moved P.22 Housing & Redevelopment Authority Minutes July 26, 2006 Page 2 of5 out today. Welke stated the maintenance man and her checked it out and found mold in the walls and an odor in the pipes, but can't figure out where it is coming from. Nawrocki asked if anyone else has any experience with mold issues that could look at this. Fehst stated he would have the City Building Official look at this tomorrow and if he can't figure out where it is comingfi'om, we will see that staff hires someone that can. ITEMS FOR CONSIDERATION Set Public Hearing for the 2006 Public Housing Authority (PHA) Plan Review Welke stated the P HA plan is the HUD budget. HUD requires a forty-five day period review period to allow for public input. The plan will be available for review at the Library, City Hall and at Parkview, along with a copy being sent to Anoka County for their review. At this time, staff is recommending setting a public hearing for Tuesday, October 25th. Motion by Williams, second by Kelzenberg, to set a Public Hearing date of Tuesday, October 25, 2005, at 7:00 p.m. at Parkview Villa for the purpose of receiving public input on the 2006 Public Housing Authority (PHA) Plan. All ayes. Motion Carried. Elevator Contract Welke stated the elevator contract expired on October 3Ft, 2004, she went out for bids, has received good response time with Schindler Elevator Service so she would recommend approving the contract with them. Also the City attorney, Jim Hoeft the Schindler agreement was changed on page 4 to eliminate the term paragraph. Nawrocki stated he felt we should use the low bidder. Streetar stated this is a service contract, so essentially it is a quote, not a bid. Ericson Diehm asked what the differences between the bids were, and if Walker has had any experience with Schindler. Welke stated the only difference was Minnesota Elevator did not charge for a call after hours and the other two did. Lisa Toms stated they have not had any experience with Schindler. Kelzenberg stated he was concerned that in the past she wasn't happy with Schindler. Welke stated she did have issues with them, but after contacting their representative they have been very cooperative. Nawrocki asked what the present monthly charge is. Welke stated she didn't know as we haven't had a contract since November and that we will have to back pay Schindler after an agreement has been signed. Motion by Jindra, second by Williams, to approve the Mimlesota Elevator in the amOlmt not to exceed $724.00 per month. Ericson Diehm stated she was concerned that Minnesota Elevator is located out of Mankato and would be worried about how quickly they could get here. Streetar asked Welke if they have a local office in the cities. Welke stated she did not know. Williams stated he would have a P.23 Housing & Redevelopment Authority Minutes July 26, 2006 Page 3 of5 problem votingfor Minnesota Elevator for the same reason Ericson Diehm stated. Motion by Ericson Diehm to approve the elevator contract with Schindler Elevator due to the fact that Minnesota Elevator isn't a local company and felt they would not provide adequate service. Nawrocki stated her motion was not appropriate as we already have a motion on the floor. Motion was not voted on. Amended Motion by Williams, second by Kelzenberg, to amend the current motion on the floor with the stipulation of 4-hours weekdays, or 12-hour service on weekend, made apart of the requirements. All ayes. Motion Carried. Upon Vote for Original Motion: Ecldund-nay, Williams-nay, Jindra-nay, Kelzenberg-nay, Ericson Diehm-nay, and Nawrocki-aye. Motion Failed. Motion by Ericson Diehm, second by Williams, to approve the contract with Schindler Elevator Service as presented to the board tonight. Upon Vote: Ecklund- aye, Willianls- aye, Jindra- aye, Kelzenberg- aye, Ericson Dielun- aye, Nawrocki-nay. Motion Carried. Lead Base Paint Insvection Welke stated HUD requires a Lead Base Paint test done on Parkview Villa, which staff did not find any documents stating the last time it was done. Therefore, after consulting with our HUD representative, it was determined we need this completed in August in order to comply with HUD standards, so bid proposals 'were obtained to perform the inspection. Three bids were received: Midwest Environmental Consulting LLe in the amount of $2,805; Angstrom Analytical Inc. at $4,200 and Techtron at $5,640. Staff recommends approval of the lowest bidfrom lvlidwest Environmental. rv:Iotion by Williams, second by Kelzenberg, to approve the low bid from Midwest Environmental Consulting LLC not to exceed the amount of $2,805.00. All ayes. Motion Carried. Ericson Diehm stated now that we have Walker Managing this building, we wouldn't assume that she should be Jmowledgeable of this type of equipment, but would hope that someone at Walker would help her. Common Area Policies Welke stated this policy was developed by Dennis Ecklund and her, the policy was necessary as there are continued amounts of plants appearing and not being taken care of on the lobby floors near the elevator. There has also been a new coffee club formed, which meets Monday through Friday and with the new carpet they wanted to make a rule for open containers to prevent stains or spills and some other issues dealing with trash chute areas. P.24 Housing & Redevelopment Authority Minutes July 26, 2006 Page 4 of 5 Ecklund stated with this policy the person bringing the plant down, would be responsible to Water, and take care of it. Motion by Ecklund Jr., second by Kelzenberg, to approve the Common Area Policy for Parkview Villa. All ayes. Motion Carried. Pull Cord System Part 2 Welke stated since the December meeting there has been consistent problems with the emergency pull cord system, we spent a total of $3,891. 69 trying to repair the existing problem and the contracted company has not been able to determine what the problem is, she brought this to the attention of our HUD representative, Lucy Beckwell, whichfelt it would be in the residents best interest to disable the entire system until the HRA board could vote on what to do as the cost to repair the entire system would be endless. Inspectors have recommended a wireless system would be the most reasonable and quickest response system to use. Nawrocki asked ifHUD wouldfund the new system. Welke stated she askfor funding, which they refused Welke stated she had Lifeline, Health East Health Alert, and the Anoka County Sheriff's Office come out and present there systems, which not vary many residents attended, however, Anoka County gave out approximately 30 ji-ee cell phones to residents that wanted them and went through the training with her. Nawrocki asked if the cell phone ties into a main base system. Ericson Die/un stated it 'works just like any regular cell phone, where it recognizes the closest emergency facility. Motion by Williams, second by Jindra, to direct Welke contact the Sheriff's office to look into getting more emergency phones, educating more residents and bringing this before the resident council to advise the residents. All ayes. Motion Carried. Jeff Diehm stated the FCC regulates that when you dial 911, they have to direct that call through the cell service. Nawrocki asked what about people that are speech impaired Welke stated she didn't think there were any residents in the building that were speech impaired Discussion on Revisions of Admission and Continued Occupancy Policies Attorney, Bob Alsop, Kennedy & Graven stated he has been working on updating the Lease and A COP for both the North and South buildings per the board's request. The pUlpose of the review was to: 1) insure compliance with Federal and State laws; 2) eliminate ambiguities or inconsistencies among the documents; 3) implement the board's decision to change the tenant eligibility criteria for Parkview VillaSouth; and 4) incOlporate provisions to assist in the operation of the buildings and enforcement of the lease provisions. The changesfor the South building were asfollows: 1) eliminate unnecessary public housing provisions as it is not a subsidized building; 2) revised the tenant eligibility criteria to P.25 Housing & Redevelopment Authority Minutes July 26, 2006 Page 5 of5 exclusively limit the building to persons who are 55 years of age and older, which qualifies the building for elderly persons under the state and federal law and exempt from claims of discrimination based on age or family status; 3) revise the lease by a) adding provision to avoid waiving lease violation by acceptance of rent by the HRA, b) added severability clause to avoid illegal contract upon discovery of unenforceable lease provision, c) added provision requiring tenants cooperation with implementation of lease requirements, d) revised various provisions to consist with applicable laws, and e) added provision allowing HRA to collect attorneys' fees and costs associated with successful eviction or collection proceedings against a tenant; and 4) re- formatted the lease to improve clarity. The changes for the North building are: 1) revised the lease to include mandatory one year renewal periodfor the lease term; 2) added provision allowing legal profit making activities in the unit with the consent of the HRA; 3) clarified and revised notification requirements for additional occupants or guests to stay in the unit; 4) added provision outlining HRA 's obligation to advise tenant of any adverse action with any related grievance rights; 5) revised provisions related to criminal activity to coincide with Federal regulations and to avoid confusion on tenants responsibilities; 6) reviewed all tenant obligations under the Federal regulation and confirmed inclusion of such obligations in the lease; 7) added provision outlining tenant rights if unit is rendered uninhabitable; and 8) added provision advising tenant of their right to review tenant file in connection with a lease termination. Alsop recommended not having a resident on the grievance committee, there should be a single hearing officer for the both the south and north buildings. Nawrocld stated he felt residents should not feel afraid to come to the HRA board if they have a grievance issue. Ericson Diehm stated sometimes there maybe a difficult resident that staff may need to terminate their residency immediately and then there is the other issue of someone that is being wrongfully accused and would need someone outside of the building to determine if the acquisition is appropriate or not. The consensus of the board was to make the grievance clause for both the north and south the same. Alsop stated he would continue working on the A COP policy, enter the changes and would have it to residents and the public for review prior to coming before the board. ADMINISTRATIVE REPORTS- NONE ADJOURNMENT Chair, Nawrocki adjourned the meeting at 11 :06 p.m. Respectfully submitted, ~--t/ ~_LL- Cheryl i'akken Recording Secretary H:\HRAMinutes 2005\7-26-2006 P.26 5-A -}-b ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES AUGUST 23, 2005 CALL TO ORDEWROLL CALL President, Murzyn, Jr. called the meeting to order at 7:07 p.m. Present: Don Murzyn Jr., Bobby Williams and Bruce Nawrocki, Tammera Ericson Diehm, Gary L. ,Peterson and Bruce Kelzenberg, Patricia Jindra arrived at 8:25 pm. PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Payment of Bills ". Nawrocki stated the Community Development Administration is over budget and asked why there isn't anything under CDBG or HRA. Schumacher stated that he doesn't sign the bills so he did not know the answers to their questions. He knows that the reimbursements have been sent in and received from Anoka County CDBG. MOTION by Ericson Diehm, second by Kelzenberg, to adopt the consent agenda items as listed. Upon vote: Nawrocki-nay, Murzyn-aye, Ericson Diehm- aye, Williams- aye, Kelzenberg-aye, Peterson- aye. Motion Carried. ITEMS FOR CONSIDERATION 49th & Central Redevelopment Concept Fehst asked that all of the people present at the meeting besides the board and staff to say their names. The was Jim Erickson, Border Foods, Inc., representing Taco Bell, Dave Yonkin, owner of the Car Wash, Scott Banahar, attending with Dave Yonkin, Dave Anderson, Director of Business Development, Anderson-Builders, Kathy Anderson, Architect with Anderson Builders, and Greg Ander~on, owner of Anderson Builders. Schumacher stated the first property involved in the redevelopment concept is the Taco Bell, owned by Boarder Foods, Don's Car Wash, Udupi Restaurant, Exotic Pets, Barber shop and LaCaberna Restaurant. Boarder Foods has been working with staff and the owner of the car wash to obtain the car wash to redevelop a larger site for the Taco Bell. The Yonkins, the owners of the barber shop, owners of the Exotic Pets are all interested in sellingfor redevelopment. Mr Greg Anderson, owner of Anderson Builders stated he started the business 6 years ago, last year they did a little of $20 million, they develop and manage projects for other users, currently working in Savage, Minnetonka and most recently purchased property in St. Louis Park, they are a builder, have 18 employees, they were introduced with the owners of Udupi approximately 4 months ago and discussed them and also their banking relationship with Mr. Dennis Welsh, which was their first encounter with this project. Dave Anderson explained the Powerpoint presentation shows some of the same pictures as in the P.27 Economic Development Authority Meeting Minutes August 23, 2005 Page 2 on packets tonight. Anderson Builders is proposing a project that will place a new Udupi Cafe on the project site, and create additional new high quality, uniquely designed commercial development on the site. Their objective is to preserve and develop a thriving local business, and redesign and develop the balance of the site to complement the community character and enhance value to the tenants and owners of the new project. In.prder to accomplish this they would provide the following: 1) a site plan to capture the urban character of the neighborhood; 2) high quality architecture and scale of development; 3) an economically viable, realistic and service offerings to local residents; and 4) cooperative effort with the City to achieve its goals. A meeting was held with staff and the mayor to discuss their interest in the site and to see if this is something the City would be interested in on that block. Kathy Anderson, Architect statedfor the past 23 years she has been an architectfor projects such as Tamarack Village, and the award winning Super America's. She stated with Concept A it would provide for 144 parking spaces, whole block development, she like~ to balance retail with marketing, there is two smaller builders on the corners with a multi tenant building in the middle, which would have a more convenient, drive up service to it, we haven't incorporated the alley in the design, as it appears the residents do not rely on it as an exit and could possibly vacated. With Concept B it would provide 116 parki1J.g spaces, it shows the block taking out the Taco Bell site and balancing out the buildings along the block, there are two retail buildings located close to Central Avenue with parking in the rear and another building in the center of the site with parking in front and along the sides. With Concept C it would provide for 138 parking spaces, due to the slop on 5dh it was determined you could put a 79 space underground parkingfacility, the concept is similar to concept B with two buildings close to Central Avenue and one set back, one could be used for a possible Liquor Store with a Clinic above it. The next slide is some of the designs they have worked on in the past, like outdoor seating areas, the Taco Bell at Plymouth station, and the Starbucks also located in Plymouth station. Nawrocki asked why she thinks there is a marketfor a doctors office in a retail area. Kathy Anderson stated they are finding that doctors offices are showing a trend where people like to drop off/amily members at the clinic and be able to shop or sit down at a coffee shop while waiting. Murzyn asked if they are prepared to work with Taco Bell. Dave Anderson stated they are willing to work with them and have already been in discussions with them. Ericson Diehm stated for the record that due to a conflict, she would be abstaining from any vote our discussion. Jim Erickson, Boarder Foods, representing Barb Snyder from Taco Bell, stated their position is that they want to stay in Columbia Heights, and would like to propose plans for a new facility. To do this project they would need approximately 14 feet from the Car Wash property. They were unsuccessful in obtaining the car wash property last year, as they could not reach a . purchase price agreeable to both parties. Mr. Vitt, from Capital Real Estate, Inc. was interested in purchasing the site for redevelopment and has obtained a purchase agreement for $500,000 from Mr. Yonkin for the car wash. Erickson stated he met with Streetar on Friday to discuss his concerns and plans for their facility. Greg Anderson asked if Mr. Erickson felt the best interest of the building would be to enter from P.28 Economic Development Authority Meeting Minutes August 23, 2005 Page 3 of3 Central Avenue. Jim Erickson stated it would. Kathy Anderson asked if their plan keeps the existing Taco Bell in business while they would be building. Erickson stated it would be torn down and completely rebuilt. Nawrocki stated: 1) from a City standpoint he was not sure it rr;:pr-esents the best use of land in this area, and 2) access along the west side would need to coordinate with the rest of the block development. Fehst ask if Borders was still inter.ested in a dual restaurant. Erickson stated they are not. Williams stated it looks like Mr. Vitt and Anderson Builders are both interested in development. Fehst stated Vitt would be interested in working with the Andersons, he chose not to be here in the best interest of the development, but is willing to work with them and that Mr. Yonkin, the Exotic Pets property owner, the barber shop and LaCaberna is interested in selling, so we are looking at possibly developing a whole block. Williams asked Mr. Yonkin ifhis purchase agreement with Mr. Vitt wouldjeopardize this development by Anderson Builders. Mr. Yonkin stated he did not know. Peterson stated we need to make a decision vr..hat we' want on the site, certainly we want to keep Udupi, and Taco Bell here. Greg Anderson stated they would certainly look at all of the options, what would work best, what would look best, and try to accommodate everybody. Murzyn stated it sounds like a very interesting development, we have a private company that is interested, which ties into the businesses that want to sell and rebuild at this time. Nawrocki stated the possibility of using $249,000 ofTIF fundingfor the Car Wash property he did not agree with, and he would hope the Andersons and Border Foods would work out their differences on the development. Motion by Peterson, second by Kelzenberg, to approve the Preliminary Development Agreement between the Columbia Heights Economic Development Authority and Anderson Builders; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon vote: Jindra-aye, Nawrocki-aye, Ericson Diehm-abstained, Williams-aye, Kelzenberg-aye, Peterson-aye, Murzyn-aye. Motion Carried. ADMINISTRATIVE REPORTS- none ADJOURNMENT Motion by Peterson, second by Williams to adjourned the meeting at 8:05 p.m. All ayes. Motion Carried. Res~ectfullY s~b~1C~ Ch~ Community Development Secretary H: \EDAminutes2005\8-23-2005 P.29 5-A-)-c. LIBRARY BOARD/CITY COUNCIL BUDGET MEETING October 5, 2005 7:00 P.M. The joint City Council/Library Board meeting about the librmy budget for 2006 was held in the activity room October 5, 2005, at 7:00 p.m. Those present were: Walt Fehst, Bm"bara Miller, Bill Elrite, Lynette Thomson, Patricia Sawada, Catherine Vesley, Mayor Gary Peterson, Bobby Williams, Bmce Nawrocki, Tami Ericson Diehm, Bmce Kelzenberg, and Rebecca Loader. Mayor Gary Peterson called the meeting to order at 7 :04p.m. Bmce Nawrocki noted a point of order that a secretary had to be appointed by the City Council. It was moved by Kelzenberg, seconded by Peterson, and approved by acclimation to appoint Jeanine Schmidt as secretary pro-tern for the meeting. Barb Miller, Library Board Chair, welcomed everyone, conducted introductions mld gave opening remarks before turning the meeting over to Becky Loader for the budget presentation. Becky reviewed the order the meeting would follow and started with the Power Point presentation that would highlight the 5 major areas ofthe budget. 1. "Personnel" slide was reviewed. 5 full-time staff and 13 part-time staff were accounted for. Major changes were reviewed. 2. "Supplies" slide highlighted the amounts spent in years 2002-2006. Line items that were increased, decreased and eliminated were all reviewed. 3. "Other Services and Charges" slide included information regarding line items increased and decreased. Line items eliminated were also reviewed. 4. "Capital Outlay" has none budgeted for 2006. 5. "Contingencies and Transfers" were reviewed: 7100 Operating Transfer Out, 8100 Contingencies (includes but is not exclusive to potential wage increases), and 8110 Vandalism (eliminated). 6. The fmal slide compared the total budget to prior years. The Council was then referred to the 2006 Proposed Detail Budget Books: page 4 concerning Minimum Local Support requirements and Maintenance of Effort. On page 11 the memo listing effects of reductions in budget years 2003-2006 was reviewed. This concluded the formal presentation and the floor was opened for questions. Councilmember Nawrocki voiced his objection to the Power Point presentation. Mr. Nawrocki had questions/comments in the following areas: 1.) Pointed out that the per capita amounted to $50,000 more than the County spends. 2.) Salary adjustments. 3.) Increased utility costs, especially gas, were not addressed in any pmi of the presentation. Response: The County per capita amount does not include their capital improvement budget. Salary adjustments are included in line item 8100 (Contingencies). The utility costs were estimated from information from the Finance Department and at the time of budget preparation paP.30 there was no indication of the natural gas price increas~ that has recently been announced. Walt Fehst: Noted the Resolution of Protest from the Library Board asking for $20,000 to be added back into the budget and the list of items on page 11. Mr. Nawrocki: Asked about line item 8100 Contingencies, who would get salary adjustments full-time persoIDlel or part-time? Response: Contingencies has $16,589.00 budgeted for unlmown, unbudgeted expenses, which may include salaries and is calculated with a cost of living increase and a percentage for health msurance. Mr. Williams: Last year $10,000 was added back into the budget for summer perfonners by the City Council. $5,000 was later requested from the Boosters for summer perfonners, why? Response: The amount added by the Council last year for summer performers was $1,285. Five items were added back into the 2005 budget in various amounts totaling $4,410. The money requested from the Boosters was made by Foundation Board President, Thomas Sherohman, to meet matching fund requirements for a MRAC (Metropolitan Regional Arts Council) grant for a summer teen program. This program included reading, writing and the performance of stories, but was not for summer performers. The summer perfonners program was differentiated and explained. Questions concerning the cost of the grant program were referred to the Foundation Board, since all bills went through that organization and were not processed by the Library staff. Catherine Vesley responded that questions conceming grant funding and distributions could also be obtained directly from the Metropolitan Regional Arts Council. The Board responded that they would pass the request for information about the total cost ofthe program. to Tom Sherohman for follow up. Mayor Peterson: Are the items on page 11 prioritized? Response: They are not, but the men's restroom would be pulled out as first. Ms. Elickson Diehm: You've shifted money from Videos to DVD's, and Audiocassettes to Compact Discs but do you have the same buying power. What about donations? Response: We do not have the same buying power because ofthe higher costs of the DVD and CD formats. The Library does accept donations but they must meet the selection criteria and most donations of these two fomlats are usually quite worn by the time people donate them. Mr. Nawrocki: Your budget is $10,000 under spent to date. Questioned purchasing in the last quarter of the year for the purpose of using up unexpended funds. Response by Vesley: Funds were under spent on purpose during the first half of the year due to the change over to the new system. Response by Fehst: There are times when you spend conservatively to wait and see if there are unknown expenses that come up. The Library is always very conservative and careful where they spend their money. Mr. Nawrocki: Questioned whether our water was metered and ifthe library was billed commercially with only $200 budgeted for water? Response: The library is metered, the budget amount is indicative of a facility that uses water only for restrooms, water fountains and a small amount used by staff. The library does not sprinkle, do laundry, dishes, etc. like an individp~3 jomeowner. Pa'-, _ _ Mr. Nawrocki: Commented that he felt the curbing installed around the library was a safety issue and hindered grass cutting. Response: The curbing was requested by the Public Works Department and installed due to concerns about safety issues with ice on the sidewalks in the winter. Barbara Miller asked if there were any further questions regarding the proposed library budget for 2006. Mayor Peterson requested that the list of items to be added back into the budget be prioritized. Mr. Nawrocki requested a print copy of the Power Point presentation. There being no further questions the meeting was adjourned at 7:55 p.m. Respectfully submitted, ~!Jl. sJ~ J eanine M. Schmidt, City Council Secretary pro-tem, and 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. pa'~}? 5-A-1-d COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES October 5, 2005 The meeting was called to order by Chair, Barbara Miller at 6:30 p.rn. Those members present were Patricia Sowada, Lynette Thomson, Barbara Miller, Bruce Kelzenberg, and Becley Loader. Nancy Hoium was not present. Catherine Vesley joined the meeting at 6:45 p.rn. It was moved, seconded, and passed to approve the minutes of the September 6, 2005, Board meeting as mailed. Bill list dated 9/26/05 was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. I:;;' Election of officers was tabled until the November meeting. Old Business: 1. Designation of donated funds was discussed. Donated funds must be accepted by resolution by the City Council. It was moved, seconded, and passed to designate the recent anonymous donation be deposited to the Capital Improvement Fund. 2. .Redevelopment/Renewal activity map for Columbia Heights was reviewed. 3. Ramsey County Library newsletter highlighting WiFi wireless access was reviewed. New Business: 1. Thank you letters for the recent boole donations by Sister Cities International and Reed Stockwell were reviewed. 2. The format and outline for budget meeting to follow were discussed. There being no further business the meeting was adjourned at 6:50 p.rn. Respectfully submitted, ~ /11, ~1~ lIanine 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. 1 P.33 PLANNING AND ZONING COMMISSION MINUTES OF THE f,ffiETING NOVEMBER 1, 2005 7:00 PM f\\o+- \\ 'et- V~ p pro v.--e (~ r 5-A-l-e' The meeting was called to order at 7:00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Tami Ericson Diehm (Council Liaison) was absent. Motion by Peterson, seconded by Fiorendino, to approve the minutes from the meeting of October 4, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #2005-1101 APPLICANT: LOCATION: REQUEST: Variance for Driveway Benjamin Adams 638 - 38th Avenue NE IS-foot side yard setback variance PREPARED BY: Jeff Sargent, City Planner At this time, Ben Adams is requesting a IS-foot side yard setback variance for the construction of a new iliiveway. The applicant's property is located in the R-3, Multiple Family Residential District. The City of Columbia Heights' Zoning Code at Section 9.106 (L)(7)(g) states that setback for parking lots shall be subject to the same setbacks as a structure for the district in which such parking is located. The minimum side yard setback for a s't!Ucture in the R-3 District is 20 feet. The applicant is proposing to construct a hard surface driveway, leading to the principal structure,S feet from the side lot line. For this reason, a IS-foot side yard setback Valiance is required. PLANNING CONSIDERATIONS Currently, the applicant has a one-car garage adjacent to the alley in the rear ofthe property. The garage functions as a storage facility for the vehicle that the applicant drives daily. On site, Mr. Adams also stores a truck, a boat and a motorcycle on a small driveway located adjacent to the garage, accessing the alley. Mr. Adams stated that he has received notice from the City's Public Works Department that the larger City vehicles and snowplows are unable to access the alley because his vehicles partially block the way. To appease these concerns, Mr. Adams stated that he stored the vehicles on the street in front of his house. The Police Department then contacted him stating that it is illegal to store the vehicles on the street overnight. The only solution that Mr. Adams could find was to construct a larger driveway on his property to accommodate his vehicles. The only location for such a driveway would be in his front yard. P.34 PLANNING & ZONING COMMISSION MINUTES PAGE 2 NOVEMBER 1,2005 CONSISTENCY WITH THE COMPREHENSIVE PLAN The comprehensive plan states that one of the housing goals of the City is to promote and preserve the single-family housing stock as the community's strongest asset. The applicant's proposal is enabling him, and future owners of the property, the opportunity to use the single-family use as appropriately as any other single-family dwelling owner in the city. By storing vehicles on his property as opposed to storing them along city rights-of-way, the proposal is consistent with the comprehensive plan in that it is preserving the single-family use of the land. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request in the City of Columbia Heights: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant's current one-car garage lies approximately 2 feet from the alley, and the adjacent driveway is not long enough to accommodate the lengths of the truck or trailer. In order to extend the current driveway further into the property to gain enough room to store the vehicles, extensive excavation and grading would need to occur because of the steep topography of the land. The applicant stated that the rear yard sits approximately 4 feet higher than the driveway and alley in the rear. The applicant's property is only 35 feet in width. Given the specified criteria for placing a driveway in this district, the:ce would be no way to place the driveway 20 feet from either side lot line without requiring a variance to do so. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. There are only three residential properties in this area adjacent to 38th Avenue. The topography of the land is consistent throughout each of the three properties, with the rear yards being approximately 4 feet higher than the driveway and alley. Compared to the rest of the City, the topographical conditions ofthese three parcels are unique in the R-3 District. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of this article state that residents shall store personal vehicles completely within the confines of their property. The topographic conditions of Mr. Adams' property make it impossible to do so. The applicant has in no way created the stated hardship. P.35 PLANNING & ZONING COMMISSION MINUTES PAGE 3 NOVEMBER 1, 2005 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. As stated previously, granting this variance request will help preserve the single-family housing stock as the community's strongest asset by allowing the applicant to reasonably use his property as other single-family dwelling owners may throughout the City. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The applicant stated that the neighbor to the west has a driveway in the front yard leading to the principal structure as well. Mr. Adams has indicated that he would like to install a driveway in a similar fashion. City Staff feels that installing a driveway in the proposed location would not be materially detrimental to the public welfare for this reason. Conclusion City Staff feels that the applicant's stated hardship justifies the variance request at hand. Installing a lLriveway 5 feet from the side lot line is consistent with the current placement of the house on the property, and will not be detrimental to the residential characteristic of the area. Questions from Commissioners: Peterson asked whether granting the variance would set a precedence for the City as a whole, or does granting the variance-justify that an exception in this case is necessary. Sargent responded that each variance case is unique and even though the variance could affect an area, they usually do not have an affect city wide. He said each case should be considered individually and that variances are an established way for the City to grant exceptions for special cases. Schmitt asked the applicant if the fence in the back of the property could be moved to allow more vehicle parking there. Ben Adams, the applicant, responded that no, he could not gain more parking in the rear of the yard as the back yard is four feet higher in elevation than the parking area adjacent to the alley. He showed them a picture depicting the topography. Szurek questioned what type of hard surface he was going to be installing. Mr. Adams stated that he planned on using blacktop. P.36 PLANNING & ZONING COMMISSION MINUTES PAGE 4 NOVEMBER 1, 2005 The Public Hearing was opened for comments. John Fitzgerald 3727 Madison Place is the property owner to the west of Mr. Adams. . He has a driveway in his front yard also coming off 38th Avenue. His concern was that additional hard surface parking on that lot would increase the run offthat flows down the streef from east to west and ponds in his driveway. He stated that after the SACA Building was built and 38th Avenue was reconstructed, the slope of the street directs all the water to the south side of the street and it causes flooding of his driveway and lot. Szurek suggested he contact Kevin Hansen at Public Works to see ifhe had any ideas that would help alleviate the problem. Mr. Adams told the commission that Mr. Fitzgerald's driveway slopes from the street down towards his house, so the city would have a hard time correcting. The water run off is following the natural flow that exists in the block. Mr. Fitzgerald's driveway slope should be corrected to direct the water toward the street, not towards his house. Peterson asked if we can add a condition to the approval to address the run off issue. Szurek stated that if Mr. Adams installs his driveway correctly and directs the water run offto the street and not directly onto the neighboring property, he is meeting the requirements of the City. If corrections cannot be made by the City, Mr. Fitzgerald may have to correct the slope of his driveway to alleviate the problems he is experiencing. The Public Hearing was closed. Motion byPeterson, seconded bySchmitt, that the Planning Commission approve the 15-foot side yard setback variance for the constructio~l of a driveway with the following conditions: 1. The applicant shall obtain a boundmy survey to accurately denote the placement of the side lot line. 2. The driveway shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry standards. Crushed rock shall not be considered an acceptable surfacing material. All ayes. Motion Passed. Motion byPetersosn, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the 15 foot side yard setback variance for the construction of a driveway. All ayes. Motion Passed. P.37 PLANNING & ZONING COMMISSION MINUTES PAGE 5 NOVEMBER 1,2005 Planner Sargent told the members that a copy of a draft ResolutioIJ,.was included in the agenda packets. He stated this will be standard practice from now on regarding cases that go to the Council. He stated that any conditions will be included in the Resolutions and the applicant will have to sign the Resolution. This will ensure that City Staff and the applicants are aware of the date the Council approves requests and any stipulations that are required. This case will go to the City Council at the November 14,2005 meeting. NEW BUSINESS None MISCELLANEOUS A memo was passed out regarding the 2 am bar closing. Sargent explained that responses were received from 3 members ofthe commission. He stated that if anyone else wishes to comment on this to do so as quickly as possible as he is going to pass these comments on to the Police Chief and the Council members so they can take them into consideration when they discuss this topic. Sargent then updated the Commission members on the Sarna project. He stated the vacation of University Avenue Service Road will probably be on next month's agenda. He stated he didn't think construction would begin until 2006. The members were given commemorative plaques from the groundbreaking for Phase II ofthe Industrial Area Redevelopment that took place on October 18, 2005. J\10tion by Fiorendino, seconded by Schmitt to adjoul11 the meeting at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary P.38 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 14,2005 ITEM: Adopt Res. 2005-68 Council meeting date December 2005 BY: Walt Fehst DATE: November 9, 2005 AGENDA SECTION: Consent NO: 5 - A - 3 ORIGINATING DEPARTMENT: CITY MANAGER NO: Background: Friday, December 23 and Monday, December 26, will be observed as holidays. Monday, December 26 is a regularly scheduled Council meeting date. Recommendation: . Cancel the Monday, December 27,2004 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2005-68, there being ample copies available to the public. MOTION: Move to adopt Resolution 2005-68, being a Resolution canceling the Monday, December 26, 2005 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: P.39 RESOLUTION NO. 2005-68 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 26, 2005 WHEREAS: The City of Columbia Heights offices are closed on Friday, December 23, 2005 and Monday, December 26,2005, and; WHEREAS: The City Council has agreed to cancel the regular COlU1cil meeting scheduled for Monday, December 26,2005; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this 14th day of November 2005 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary PAO CITY COUNCIL LETTER AGENDA SECTION: Consent S-A-L\ ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE AFPROV Al;,: // ~ ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. JohnsoE.~(f BY: ~;ff;:'~ NO. Dept. Budget to Reimburse Overtime Fund DATE October 24, 200( ) DATE: I' Meeting of November 14,2005 BACKGROUND DUling the past tlu"ee months, the Police Department took part in the statewide Safe and Sober program. TIns program involved putting officers' on our streets on oveliime, enforcing dliving-while-intoxicated laws aild use of seat belts. On September 30,2005, the State of Minnesota reimbursed us for the overtime expended. TIns was in the amollilt of $3,367.03. The money was originally paid out of our 2005 overtime budget and we would like to have these funds restored. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program are i1ntially paid out of our 2005 police budget and because according to the Finance Director, the funds received from the State to repay tIns expenditure are i11itially considered revenue, they must be placed in the General Flmd. The Police Department would like to see these funds moved back into our 2005 Police Department budget line #1020 overtime from the General Fund. This will assist us in continuing to take pmi in this progrmTI. RECOMMENDED MOTION: Move to transfer $3,367.03, the total amount of money received from the State of Minnesota for our efforts in Safe and Sober program, from the General Fund to the Police Department 2005 budget line #1020 Overtime. TMJ :mld 05-197 COUNCil., ACTION: P.4l . ,....,- ... PA Y Three Thousand Threeiiundred SjJ(tv-Sell~n Dollars And 03 Cents*Hi} COUNTY OF ANORA, 2100 THIRDAVENlJE ....... ANOKA,MI~tN.J];S()T!\552}03 . CHECK NO. 1021043 .D~TE11-0CT -05 \ I I I I ...... ... ..;'.... ...... -:..... .. . .... AMOUNT .....-.... -'.' .":.- .-" :"':":'. ..... .... '. .... ;.;~~~3 ,367~P3 ::,(-:'L:.;:::/\'.) ;:::: ". :::;./>~:~/(.. ;{?:'-:';:..:: ::;;(;:;'::;.i)::)-":::\:> GiTyO~..C()LU flllBidH EI~Hl:S.............. . POnCEDEf':ARTi\flIENTi 559M.~tL~TREE"'.NE...'........ CQI,.PM~IA HGHTS)JlliN5542'lp. IJnhedStates '1;!j~;:~:"j~Ui~ .... P....::/~/;l.~.p ... .. I r(Jjfjj;I y(J5fl!J~ ::::J; u. I . ;....::::.'. ::::';':.'. ,:..-.".;/," .;'":,,,; ,. -.'. ) -- .:.WElLS FARGO B."'NK MINr~ESOTA N.A. ANOKA,.MINNESOTA ~'- u.S..p!"T.Elrr '1O~;~'=;!7.1;tI. .t.J1Q.~:to 1I!,g ~o 2 ~O ~ :!Jill!! 0:0 ~ ~OOOO ~ 9!: 00 ~OOO g ~OOIlI!l ANOKA COUl\HY REMITTAr~CE ADVICE DATE 11-0CT-05 C~ECI( NO. '1021043 30-SEP-20 30-SEP-05 SAFE & SOBER GRANT 0.00' 3,367.03 TOP.42 ::::::::::::::::::::::::mm:~mm:::::::'~;:mm: :::::::::::::::::::::I#:::::::::::::::I!$~*,ij7:~P.:~ DUE: January 31st, May 1st, August 6th, and September 30th. Final no later than November 14th. Costs before & after July 1 must be split. 9-03 2005 SAFE & SOBER invoice & Budget Invoice Number:~ Agency Name: Columbia Heights Police Dept Address: Administrative Equipment Operating Travel I~entives fl::>. wtal: 559 Mill St Columbia Heights, MN 55421 Final Invoice? DYes D No Date Submitted: 09/05/05 --l For the time period: 07/01/05-09/05/05 Co&t~This/lhV:~j}~~~;;,:J local . $3,367.03 $'1,059.34 $219.60 $22,147.25 $1,278.94 $3,367.03 Signature of Project Director Signature of Financial Officer Required Attachments: Patrol Cost Worksheet, Administrative Cost Worksheet If costs associated with equipment are on this invoice, a copy of the manufacturer's bill or invoice to you must also be attached. $3,367.03 $1,059.34 .$7,852.75 $7,852.75 $3,398.16 $3,398.16 $219.60 $408.24 $408.24 $4,645.97 $7,852.75 $3,806.40 $11,659.16 Signature of OTS Coordinator Approval Date This block is for !Vendor Number: I SFY: 04 or 05 State use only Order Number Object Code: 5AOO (county) 5800 (city) Line 1 (157 Yr3): Pay Line 1: $ Line 2 (402): Pay Line 2: $ Line 3 $ Pay Line 3: $ $3,367.03 A~encv: Columbia Heiqhts Police Dept 9/5/05 2005 SAFE & SOBER Enhanced Patrol Cost Worksheet Wave(s)#: ~ "' ",,'); ,.c ., 'c. " # Hours Per Hour Equals Pay Medicare P.E.R.A. Equals Costs Mile* # Miles Eauals Cost Paul Bonesteel 39 66.00 $40.37 $2,664.09 $38.63 $250.42 $2,953.14 $0.36 543 $195.48 Ted Fischer 23 $40.37 $0.36 Lee Okerstrom 33 4.50 $40.37 $181.64 $2.63 $17.07 $201.35 $0.36 35 $12.60 Michael McGee 19 $40.37 $0.36 Fred Wiborq 24 $40.37 $0.36 Terry Niqhtinqale 8 $40.37 $0.36 Bill Schmidt 6 $40.37 $0.36 Dale Sorensen 36 $40.37 $0.36 Joe Sturdevant 34 $40.37 $0.36 Greq Sinn 38 $40.37 $0.36 Robert Harvey 9 $40.37 $0.36 Gary Kallestad 21 $40.37 I $0.36 Steve Korts 17 $40.37 $0.36 Matt Markham 22 4.75 $40.37 $191.73 $2.78 $18.02 $212.54 $0.36 32 $11.52 Erik Johnston 37 $36.33 $0.36 , ~ ':t Aish 7 $40.37 $0.36 :: on Beckett 18 $40.37 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 . $0.36 $.0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 $0.36 I;;: ~ , . 0.<" 'I $3.037A7I $44.04 Vl m agency has not computed their own mileage rate, the state rate of $0.360 per mile can be used. $285.52 $3,367.03 $219.60 9/5/05 CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Consent NO. ITEM: Transfer of Funds from General Fund to Police NO. Dept. Budget to Reimburse Overtime Fund 5-A-5 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johns DATE October 24, 200 BACKGROUND During the past two months, the Police Department has been involved in off duty employment details handled through the department. These details were a secmity detail at Unique Thlift Store, Columbia Heights High School activities, and an officer testified in a civil course case. Since this type of off duty employment is handled through the department, officers have signed up and worked these details since August 2, 2005, and we have received a check from the following entities: Unique Thrift Stores $3,047.12, Columbia Heights High School activities $411.25, and Nordamle & Fliesen $94.00. According to the City Finance Director, this money is considered revenue and was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiting the $3,047.12 received from Unique Thrift Stores, $411.25 received from Columbia Heights High School activities, and the $94 collected from N ordalme & Friesen be returned to the 2005 Police Department budget, line 1020. RECOMMENDED MOTION: Move to transfer $3,047.12 received from Unique Thrift Stores, $411.25 received from Columbia Heights High School activities, and the $94 collected fi'om Nordamle & Friesen-a total of$3,552.37-from the General Fund to the Police Department 2005 budget under line #1020, police overtilne. TMJ:mld 05-195 COUNCIL ACTION: P.46 City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson From: Captain William J. Roddy Subject: Overtime Transfer Date: October 20, 2005 Attached is a list of the overtime re-imbursement received from September 19th through October 20th, 2005. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request transfer of these funds to our overtime account. Unique Thrift INVOICE # 027 030 DATE 09-19-05 09-28-05 AMOUNT $1410.00 1637.12 Columbia Hei2hts Hi2hschool Activities INVOICE # DATE 028 9-19-05 029 9-19-05 AMOUNT $ 305.50 105.75 Nordaune & Friesen INVOICE # DATE 031 9-28-05 AMOUNT $ 94.00 Total Amount to be transferred to OT Account $3552.37 P.47 .~v II\JVOICE Cohmrilbia Heights Police Deparhnent Date: September 19, 2005 Invoice #: 2005-027 Customer Name: Unique Thrift -Attn: Daryl Address: 2201 3ih Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police Officers for: August 2005 Tue. 08-02-05 1315-1715 Ok 4hrs Fri. 08-05-05 1415-1815 Bo 4hrs 'y ( Sat. 08-06-05 1145-1545 Bo 4hrs Tue. 08-09-05 1430-1830 Ok 4hrs ~11~IO) Sat. 08-13-05 1215-1615 Ok 4hrs Sat. 08-20-05 1230-l630 Ni 4hrs Tue. 08-23-05 1200-1600 Sc 4hrs Sat. 08-27-05 1730-1930 Ok 2hrs ~f BILLING INFORMATION Number of Officers: 8 Hours: 30 2005 or Wage is $47.00 hr. Total Due: $1410.00 Make checks payable to the ACity of Columbia Heights@. Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MillStreetNE.ColumbiaHeights.MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: P.4S Nash Sales, Inc. DATE INVOICE NO COMMENT 09/19/05 2005-027 AMOUNT 1{410.00 010418 DISCOUNT NET AMOUNT .00 1{410.00 10/- 00 ,'J-~JO( CHECr<: 010418 10/01/05 City of Columbia Heights CHK TOTp~L: 1,410.00 ,.... ". ~_ ..~., r' -..._ .,.. .. ......,_.'........"-..'__",,.,~._..~..,,.~...-."_A.~..." ",...."_,..,~.."".............,.~........~..~.,...,__'"".""......."''''"''''''''''~....."'''.......,...-'''""N'....._'''"'...;''''.;.~..,.."...,.-=....""=="""'".""".,......."""=--=-"".>."""..~.r=~.'.......=_...,""-.,,..~...................,'_".,-,.."..-.....,.~.-,...-" ,.,.,. . ~.'....'- "..-. ........... ,.".".... ..,--..,'- ._~.. ".-, - ...-..,. --~-. ,-..--.. O-j 04'j g ~\~as.h Sa~(:;;), r.n(;~ 'j :337 Cope !we. E. fvlaplEPNlJcd, MN 55109 (6Glj 773-8077 Anchor Bank North St. Paul. Mt\] 75-882-960 . *ONE THC)U;3AJ,m 20TJR I-IUJ:JDRED TEN DOLLARS .Al\fD NO CENTS DP,TE 10/01/05 [J"r.nOUNT *-1:** '!:1, 410. OOi\' 6 Pi:;"'Y TO THl:: OBDEP. . (iF: City (')t Columbia Hei(~ht:::; City of Col. Hgts Police Dept 559 Mill. Street NE CClluHl.bia JIei9hts' ]\fIN 55421 ------IJJ!-------- : IJ IIIDCJ 1,0 u-l J.1BI!M ~~O [1 bOOBS 2 5U~ Ill? q 5lJ!La gllm ....._ _...__...,........,,,............,..~.......,,...~ w"..."".,.."'......,...",.....",.,."'-"..""~""............~"".............,."..hH..."'...'............."'""'""",-""_""-",,,,,,,_,"'_'''r=---~~...,,,,~~'''''''''''t......~,,",=,,..,.,....~......~...,,........_,,,.+.=...,....,...,.,.."..""."""......-.-...__...,...............,.."."'..=..._............_"'''.". .""...,. ..........,r'....."..._,.........."-~,...,'''''~,.'''''-''"...,-.c~~_.,.....'-''''.._''-........""'""'" P.49 c:::-_,,-<,,~a }'fl'I';;T'V fOj If ir{f~ I' . 'Il i J.l~........_/ C] ~"'P' 0 11-' IF ]' JPo' ~ \ (}Jlt1t}l11lli)in:iI~ l1.eJigRn~~8 ktJ€Jii%ee L}.'E;I.F~~;_r[TI(i'i?:Jll1L Date: September 28, 2005 Invoice #: 2005-:030 Customer Name: Unique Thrift -Attn: Mike Address: 2201 3ih Ave I'TE, Columbia Heights, MN 55421 Home Phone: ' Work Phone: 763-788-5250 Request for: 1 Police Officers for: September 2005 ,'\ \L , / ) . ilL) <-., .' (;.1 Fri. 09-04-05 1430-1815 Ok 3.75hrs \.iYv Ii p r~e Mon. 09-06-05 0900-1600 WI 7hr~ (Holiday Premium Rate) t, Sat. 09-10-05 1230-1630 Ni 4hrs ('L Tue. 09-13-05 1200-1600 Sc 4hrs '" L' -' Sat. 09-17-05, 1430-1545 Bo 1.25hrs 1715-1930 Ok 2.25hrs Tue. 09-20-05 1530-1930 Ok 4hrs Sat. 09-24-05 1250-1650 Ok 4hrs . Tue. 09-27-05 1715-1930 Ok 2.25hrs BILLING INFORMATION " Number of Officers: 9 Hours: 25.5 + 7 Premo 2005 or Wage is $47.00 hr. Holiday Premiwn Rate is $62.66 hr. Total Due: $1637.12 Make checks payable to the ACity of Columbia Heights@, Please mail payment to: City of Columbia Heights Police Department, 559 MillStreetNE,ColumbiaHeights, MN 55421 FOR DEPARTMENTAL USE ONLY Off Duty: Date: I ();'1 /or P.so ' ~ f) r 0 ,y? 'i Officer(s) on Duty: tI!:.... ' 'Z. JY. L- Amount Received: /63-? A>~ D]\Tg INVOICE NO COMI'.1EN'I' 09/28/05 2005-03.0 h1'10UNT 1,637.12 0104f;t!. DISCOUNT NET IVvJOUl\TT .00 1,637.12 tliL:~~~h S(,;~:~~~, ~n(;. C~}~E~C"J~~: () ~l_ (i~~ (: <i. 1 C / 1<1. /' O~'J C::;. t~)' ('J,: C!ol "'....lrCl;Jj.c). }Iei~~i}'i.tL; C~!IY~ ~rc.~rr/:..:;. j : I, C::; .-/ . 1~:! (r 1 (\,~ (;( i'~l:',~f;h E;~.E~~~~~;:'~! f.i ~:[; ,. 'j 3f;,/ Cop.:; (-',VC:. E.. r\:~2"'i~d&\^J(lOC;; h'lf'j rj~:'i OP \(51) 773-f:,On Anchor l1ank r,lorth St. Paul, lVli\] 75-[J82-960 "Ol\J:;:<~ 'THUL.JSAND ,SIX Et.1NDF~ED THIRTY ~:::E\lE:J:..J DOLIJ].\RE: J\ND 12 CI2;j'\Tl'S Dl:,Tr:: JCI/~1_~:::/O~) . tJ':J~OUh\T 'J; " ';', .;. ,', 1 r (, 3 7 . 12-J.: ['i,.[\ V" "~-'(; "(,':~E () rlt"'Lf... iY': Cit.y of Colun2:xi.a I-jeJ.~::bts City of Col. Hgts Police Dept 559 Mill Street NE ColuHl])ia Fre-eights 1\1N 55421 r )~! !~i / l. /;;/ all II /./ / 1/ I .. ,I .I /1 \./v! / ------.--- '--'-"-"---"-'--Cii7' <::or'...-....../1" -..... -- .....--.....-..... .-...-- ...-... ._.-......-- f /' " Hl~ n L [J L, b to, W' ~;~ [I q C, D 0 B, /,] l:~ 5 ~ ~ l:f 'f' q ~j [J [., 1:11 Wi . .....~' ~.. ... ._"'._ ~ . ..... ,_,..' . ....._. . '.I -~....w.._... ~"..".,,_.. .' ..... ..~... ......:....." ....... c.....,.....,,~...... ._.u"........, .,~". ..."...,......O="'.~...,.,,~. "_,"<<..",...~.....""..".~",..,..,.ft.,.,,..,.,,,,,,...,, L.L-...'........=,,"'......."OO. _........,......... _~"";."..,. -= "<~.,,,....,....~.. ...-"~,-,.." ~"."'"=~-""'. ", ~:" ~- "...... ..... .,.~. . .'e.."~..,...,,,,,,.,,<...,,-...' ..""...-........._~."'"',,.. .,' ..."'''''.'' ...",p~,=', P.51 ,// ,/ INVOICE Columbia Heights Police Department Date: September 19,2005 Invoice #: 2005-028 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Work Phone: 528-4601 Request for: Police Officer for: Football Games (September 2005) 09-02-05 1830-2145 (3.25hrs) 1 Officer- Okerstrom 09-16-05 1830-2145 (3.25hrs) 1- Officer- Sturdevant BILLING INFORMATION Number of Officers: 2 Hours: 6.5 OT Billing Wage is $47.00 per hour. Total Due: $305.5 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Depat1ment, 559 MillStreetNE,ColumbiaHeights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: JP3o!"" ~ Date: (DI/71ar P.5~ (!.)j-. (z "Z.f' ~ fc, .~ NL.. ,,; \;E~JDOR ~;~1~.1!3::C' VENDOR NM.:: 08]50 - 0 : CITY OF COLu~BIA HEIG~~: CHECK DATE 10/06/0:0 C~C=:'. ',1:::' 001::'25ii:5 DATE 09 ]0/05 09/]0/05 INVOICE NUMBER 2005-028 2005-029 DESCRIPTION P.O. NUMBER AMOUNT i ....--r- P2.\IC ~C: c::::,y 0= COLill'1B:::.;c.... HEIGH'I'S ?OLIC~ :JEPA..'i.T:--1ENT TOTAL AMOUNr PJi.ID 5S3 M:~~ STREET ME =OLL~S=~ HEIGHTS, MN 55~2: ~.vr~f[:::or.:'liif<3:::'iV~l~rrr:r.]l.:f;t~~{c:W'lIJl~LT...9j:--ff~-'=filraf;jzlii::::;I~ "illl 'J!.-i~li:r;iim;:r~ 75.1592 ~iEPENDENT SCHOOL DISTRICT NO. 13 1440.49TH IWENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 L!]jbank. 303 Third Street Northwest East Grand Forks, MN 56721 . CHECK DATE 10/06/05 CHEC:< f\IO. 122586 912 P":,Y: *******411 ~olla~s 25 Cents C:hEC;< .~:'>jlC;:._.' ;-;- ~:;:.~. 2S !':=~ TH~ ,I::RDER 'JF: C~~Y OF COLUTV!BI.~. :-!EIGa"::'S ATTN: POLICE DE?"'JI.Ti.'!E?:T 559 MILL STREET ME COI,Ui,1BIA HEIGHTS, MeJ :,S';21 (~I!~~f~fi1Jl~;i ......~~./)., ,.. rr,rJ:r~'l-"" ...... , <<<<'.: .<~-:..L::.""'" ,', :.' l,...:-- ~.'.;'.~" :.:.:.: :~: II".~ 2 2 5 8 b II"' I: 0 9 1 2 k 59 2 71: ~ 5 2 ~ 0 0 0 0 7 b 2 311~ P.53 " , , INVOICE Columbia Heights Police Department Date: September 19, 2005 Invoice #: 2005-029 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Co!. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Work Phone: 528-4601 Request for: School Dance 1 Police Officer for: )1 09-16-05 2145-2400 (2.25hrs) 1- Officer- Sturdevant ~} \o~ \o~1 BILLING INFORMATION Number of Officers: 1 Hours: 2.25 OT Billing Wage is $47.00 per hour. Total Due: $105.75 Make checks payable to the ACity of Columbia Heights@, Please mail payment to: City of Columbia Heights Police Department, 559 Mill StreetNE,ColumbiaHeights, MN 55421 FOR DEPARTMENTAL USE ONLY L .- Off Duty: --r- 7> p7r.-- ('(/,,) Date: eL1:I-- /22.S?Co P.54 (0 If 7/0.! , , Officer(s) on Duty: Amount Received: ,1Ju. 13 VENDOR NUMB!:D VENDOR NAME: 08350 - 0 : CITY OF COLUMBIA HEIGHT: CHECK DATE 10/06/05 CHECK >IC 00122556 DATE INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUN-;- 09730705 2005-028 ~ 09/30/05 2005-029 105.75 I I I I I JAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 4=-1.25 ~,.,r""'fillllI;1 f..'i:tol: I :(~~11 :7~~"ir~~O{'II:'] ;1=1'J:f~~.,:<tl;{.\II~11 _ :'~~00j:1J; '~~-J;lIIIllIlll;J~" II' ~;I~ '~I~II1f.,."l::(I1.IJ ;11 ,'.iW''1I:l ;1,',/: 1;1 :-~~~ 75-1592 lEPENDENT SCHOOL DISTRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 [!!3bank. CHECK DATE 10/06/05 CHECK NO. 122586 912 303 Third Street Northwest East Grand Forks. MN 56721 PAY: *******411 Dollars 25 Cents CHECK :'\MOU~!T $411.25 TO THE ORDER OF: CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLill1BIA HEIGHTS, MN 55421 [P.~. J i!rrr;:!:~:;'~;~:' :.":'~::::'::~:;';'::.:j.i!r!.:n:rjn ...... ~.. Q ...-- ......... . ',' ',' ........... ";';";":. .':':' .J":.; ..; . .....~. I "';":'.;.:": .....,..... .... ..... ....... .... " .,........ .. .... . -. ... ..... ;.;.:.:.;.: .: ," :.:.:.:.:< .......... " .......... ..... .... ... .. -. .... ...... . . .. .... . . . . . .. . . . . . . . ,. ..... ilK ~ 22 SBl;lIg I:Og ~ 2 ~ Sg 2 71: ~ 5 2 ~[J'OOO 71; 2 :lllm P.SS INVOICE / Columbia Heights Police Department Date: September 28,2005 Invoice #: 2005-031 Customer Name: Nordaune & Friesen c/o Kathryn Engman Address: 1140 Interchange Tower- 600 S. Hwy 169, St. Louis Pk. MN 55426 Home Phone: Work Phone: 952-541-0600 Request for: 1 Police Officers for: Civil'Court Hearing (Harris) Officer Dale Sorensen- court appearance 0900 September 26, 2005 (Anoka Co. Court) 2 Hr. minimum at OT rate. Number of Officers: 1 Hours: 2 BILLING INFORMATION 2005 or Wage is $47.00 hr. Total Due: $94.00 Make checks payable to the ACity of columbia Heights@. Please mail paymentto:CityofColumbiaHeightsPoliceDepanment.559MilIStreetNE.ColumbiaHeights.MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY & or#- Ii '2. t{ S ;Ef Off Duty: 7yD~ Date: Ir0J~ Amount Received: P.56 -----..--...-.<-..------..""-----.............- NORDt\UNE & FRIESEN ATTORNEYS AT LAW INTERCHANGE TOWER SUITE 1140 600 SOUTH HWY 169 SAINT LOUIS PP,RK, MN 55426 (952) 541-0600 11245 go/' I~//i; ~;;)eu,~ CLt . / (j , 75-104,1-960 ()'<, .:utJf. 30 . '2-C6 !::,- -Ja~1 ' I~ I $ 7-'-1-=- -~ - --- ~/hi;: ED =,~~::U II" 0 ~ k 2 l. 5 11m I: 0 g b 0 k 0 l. ~ 51: /1 /7 ' ~~_U_0~/~ ____,_____-YP. o 0 ~ 0 2 j g k 7 71111 ;t.:r','1 L-':' \ Le... IV,;. ).cc S' - c 3 i ,..,.", "', ,; ~:~. \1' ..', :: ;:~_',', L :; "vi ;:~ :10.) 1--;" ~, .. .., ~ '--:.{",''''f l' r...... \ ,~~- r', I" ''';:.- : \... 1,' t\; \.!\, ',-.' .' l:"', I"-,','~ ~,..". . " (~ '~:., '.~ ?~i' .., ~b"~'~::W~: ; r'\J \.,... l \.: ..... 6. ...,.... P.57 CITY COUl"'~CIL LETTER AGENDA SECTION: Consent 5-f\-l> ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAJ.;IA / / ITEM: Premises Permit Renewal/Application Class B BY: Thomas M. JObnSO~ BY: ~"rl/l/~ NO Gambling License for VFW Post #230 and DATE: November 3, 2005 DATE: Class B premise permit for VFW Post #230 activities at LaCabema Bar and Grill. Meeting of November 14, 2005 BACKGROUND The VFW Post #230 has submitted a Class B Lawful Gambling License Renewal Application for their site at 4446 Central Avenue N.E., Columbia Heights, MiImesota and a Premises Pennit Application for LaCabema Bar and Grill at 4952 Central Avenue N.E., Columbia Heights, Minnesota, which are attached. The renewals would pennit charitable gambling on the premises at these locations. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee for each location, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal ofa Class B charitable gambling license for VFW Post #230,4446 Central Avenue N.E., Columbia Heights and the issuance of a Class B premises permit for VFW Post #230 in conjunction with activities at LaCabema Bar and Grill, 4952 Central Avenue N.E., Columbia Heights, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachments mId 05-208 COUNCIL ACTION: P.5S -'L 'I~~ng u~ Minnesota Lawful Gam.bling (LG200R) Lawful Gambling License Renewal Application Corrections should be .made directly on this application Submit one check for all renewal fees, payable to State of Minnesota " iio"a"rd" u~;; o~jy' j .............................. ..~ Organization requirements: 1. An annual organization license fee of $350 is required. Organization: VFW Post 230 4446 Central Ave NE, (763)788-8187 Columbia Heights, MN 55421 Anoka County [!ijj] I" Check th~box only If l I your organization I I qualifies for the waiver of I I the o. rganlzatlon license I fee defined In Minnesota I Statute 349.16 Subd. 6 I Gambling license #: 12 Current license expires on 2/28/2006 Renewing license from 3/1/2006 to 2/28/2008 CEO: Bruce G Nawrocki 1255 Polk PI, Columbia Heights, MN 55421 Duane Running 5048 4th St NE, Columbia Heights, MN 55421 (612)571-1311 Treasurer: (763)572-3760 Premises permit requirements: 1. An annual premises permit fee of $150( 2. A separate resolution of approval' including the site address from the local unit of government( (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 001 VFW Post 230 4446 Central Ave'NE, Columbia Heights, MN L- Township of (if applicable) r;;;;;J r.--..-_....^"_...~._..._"-_.~._--~..__._W<_._.-.-._.._-..._........'"-_._~..._.- tlliU ! Check this box if this site has been discontinued or will not be renewed. :-' Ei;'-"'rrl' u~~' o~jy ': . . . . . . . . . . . . . . .................................. Anoka County Gambling account 5004700 Does organization own this site? Y Northeast Bank Does organization conduct bingo on premises? y / N 3989 Central Ave NE, Columbia . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . ~_ J..Jairtht~_ MI\.L J~~t;:LlJ1 _ . _ _ _ _ _ __ _ _ _ _ _ . _ _ __, .' If yes, the attached list of the days and beginning and ending hours of your bingo occasions must be ' ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _up~a~ed_a!1~ ~e_t~rl]ed: _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ _ . _' 55421 ~;i-.", ............;.".",.. nn~ ...II!.... B B l!.!!IIIU....1 'II'"''"'' ~ r-'Check thiS-boX-if thlSslte hasbee-ndiscontinued or will not be renewed.--jl L...__.._......._.._...__......._...._.__.._.__........__............._.............._............_............... _..__......_..._......:.....__..__._. .__...._..._.__........11 f' iioarcf u~~. o~jy ............................. Anoka County Gambling account 5004700 Does organization own this site? Y Northeast Bank Does organization conduct bingo on premises? y / N 3989 Central Ave NE, Columbia . _ _ . _ _ _ _ _ _ ~ _ _ _ _ _ . . _ . . . . . ~ _ J.Jairtht~_ MI\.L .t;:t;:LlJ1 . . . _ . . _ _ . . . . . _ . . . _ _, , If yes, the attached list of the days and beginning and ending hours of your bingo occasions must be ' ~ . _ _ _ . _ . _ _ _ _ _ . . _ . _ _ . . . _ _ . .up~a~e.d _ a!1~ ~e_t~rl]e.d: . _ . . . . . _ . . . . . . .. . . . . _ _ . . .' LaCaberna Bar & Grill 4952 Central Ave NE, Columbia Heights, MN 55421 L-Township of (if applicable) P.59 Gambling Manager Requirements: 1. An annual gambling manager license fee of $100 is required. . iida-rei u~~. o~iy Gambling Manager Authorization GM-00012-004 Current License Term 3/1/2004 to 2/28/2006 John Robert Brodie 160 Gibraltar Rd NE, Fridley, MN 55421 (763)572-8753 Bond: Post Ins Program 37BDDAG6395 Last Education: 11/19/2004 . . ..................-.......... Check !his box if the person listed above will not be Note: A new person may not renewing as-gambiing-manager. Enclose a se-parate " assume - or - acras. gambling ~ LG212 application for the new applicant. Effective / manager until licensed by the date will run concurrent with the organization's license. Gambling Control Board. om Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime involving gambling. 2. I haVe never committed a violation of law or Board rule that res~lt~d in the revocation of a license issued by the Board wltnm five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats. 5. I have never been, or am I now, connected with or engaged in an !!legal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. I do not owe $500 or more in delinquent taxes as defined in section 270.72. 9. I have been an active member of the organization for at least two years at the time of our- organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. I am not a gambling manager or an assistant gambling manager for another organization. 11. I am not a lessor, a member of the lessor's immediate family or a person residing in the same household as the lessor, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer, or distributor. 13. I am not the chief executive officer of this organization. 14. I am not the treasurer of this organization. 15. I was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked. Background Check, By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omissions arising from such application, may be commenced against me or my organization and I wi!! accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. . Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Changes in the information submitted in this application will be submitted in writing no later than 10 days after the change has taken effect. I have read this application and declare that all information 5Ubm~ra4?~ _ @gnature, in ink, of gambling manager applicant /- '}r. ? Date: 0 I~~ P.60 License Number 12 Current Expiration 2/28/2006 Chief Executive Officer's Acknowledgement and Oath I declare that: I have read this application and all information submitted to the Board. All information is true, accurate and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required information or providing false or misleading information may result in denial pr revocation of the license. A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. Date: 10 I J (J I 0 S- Mail complete renewal application (all pages)/ and one check made payable to the State of Minnesota for all renewal fees by: 12/30/200 to: Gambling Control Board 1711 W Co Rd B #300 S Roseville/ MN 55113 Licensing Contact: Email : Phone: Fax #: Kim Larsson kim .Iarsson@gcb.state.mn.us (651 )639-4072 (651) 639-4073 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, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your 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 license. When the Board issues your license, all of the information that you have prOVided to the Board in the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. . Private data about you are available only to the following: Board members, Board staff 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 written consent. P.61 RESOLUTION NO, 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Cunently, Resolution No. 1996-46 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as desclibed 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 ofthe 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 of the Council of the city of Columbia Heights; 3. The Q:rgani~C!tiQl:i wi~hingJQ gamblfthash~en in ~xistence in Columbia Heights fOLnot Jess 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. . 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 iImnediatelysuspended until such violation(s) is/are cOITected~ 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 minimlli11 often (10) days notice to the orga..rrization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOT, THEREFORE, BE IT R,ESOL VED that this resolution shall take effect on May 12, 1996, and shall replace Resolution 88-41. Resolution 1996-46 is hereby amended to read: RESOLUTION NO. 2004=23 BEING A RESOLUTION AUTHORIZING CERTA]],-~ CHARITABLE GAMBL]],-~G BE IT R FSOL VED by the City of Columbia Heights that gambling, as described in Mllh'lesota 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 ofthe City Code unless: P.62 .jJIIinnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 Organization information Organization name . -U-.fLL.L/loS-'i:- d:S (J r2n I, Lmb I ~~'i:-h'~ Name of chief executive officer (CEO) '8 r LL ' C.' 8/05 Page 1 of 2 FOR BOARD USE ONLY Check # $ -, Organization license number IS -0 O{) /;;- '" () {} J Daytime contact phone number fo,) ~- Ifr; Name of establishment where gambling will be conducted LV P (J'S-r 830 OR I Township Not the mailing address. D~ not ~~ E.:.O":yox numbe~ _ -' Street address where. premises is located W'i6: &/7'T/"I,9 ;u-E County Zip code . 'CA ~ o-L/ J-I Gambling premises information Does your organization own the building where the gampling will be conducted? --AYes _No If no, attach LGi!.15 Lease for Lawful Gambling Activity Gambling bank account information Bank name Bank account number S 0_!::l7 tJ b Bank street address City State/Zip code 3 /F /-. Go/ CL l/hn 0s-Y~1 Address( es) in Min nesota of all temporary and permanent off-site storage space for gambling equipment and records related to this site (may not be stored outside of Minnesota) Add~ess (D~~ use a P,O, box number) _ \. City State/Zi~ code , ?lo2.:- L9iLwill/~.:s- t/'~-~~1l'J Lt4-t.1 fJct(k: --'1-Lt.L~?'I'3 uL_ Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.fVl.). An occasion may not exceed 8 hours. Dav Beginnino/Endina Hours QQy Beainnina/Endina Hours to to to to to to to to to to to to to to to to to to to. to to to to to P.63 'Your 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 Acknowledgment and Oath I hereby consent that local law enforcement officer's, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce tile law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law, I decla.re that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; "2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; .4. I assume fullr'esponsibility for the fair and lawful operation of all activities to be conducted; ,5, I will familiarize myself with the laws of fv1innesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and . . 7. I understand that fElailure to provide required information or providing false or misleading information may result in the enial or QeypJJ ion of e, license. . /fIl.! V /O/sI/6S- re of Chief Executive Officer (Designee may not sign) 'Print name !5f-ur.p G. A-0iA./h,;C.!c; tG214 Premises Permit Application Data Privacy 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 1V1innesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however; if you refuse to supply this information, the Board may notbe able to , determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require thE; disclosure of your social security number, If so, your social security number will be used to determine your compliance with the tax laws of Minnesota, Authorization for requiring your social security number IS found at 42 U .S.c. 405 (c)(i). Required Attachments 1. If the premises is leased, attach a copy of your lease, Use form LG215 Lease for Lawful Gambling Activity. 2. Attach the resolution from the local unit of government (city or county) which shows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee is required. [vlake the check payable to the HState of Minnesota." Mail the application with attachments to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, [v1N 55113 Page 2 of 2 8/05 your premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your social security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the informatIOn; the 1V1innesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Ad'ministration, Finance, and Revenue; the f\1innesota 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 vvith yo u r co nsent. Date NOTE: There is a monthly regulatory fee of 0.1% (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the ::illawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a nY, call the Board by using the Minnesota Relay Service and asl< to place a call to 651-639- 4000. This form will be made available in alternative format (i.e. large print, Braille) u on re uest. P.64 IOE tr ~ ~ ) j t" ~r2 u --- to t.l ? ~ -..c:- ~ i-J a \) f!} ( '- f 0 0 I"-' d ,J a::: -:z cD :E 0 :22 ...G3 , -:;f: -.:S . ~ r\ .u '''I ~() ct: ...J...:-.,u (~ i)::l "C I '-.. -- --.a 1)0 0 '3 &:l f. ('-... 0 ..J a c:::::.' ( I _-I '-4- ....., ( q:, ~ '\J ro r-D /" ~ 1 '" P H ~ ,'; '::J -! :Q .;:: 0 :3 3 cJ /') l- Ll} ~ ..... 0 ...,J-u 1lJ ~ r-tJ ...- -..J -:z. '2. t6- --D I!.I ....J L..I-- .,.s '.J" ~ ~ ..; 0 'd '2'-- .j Y .-f. d: ~t6 .:::.( r5 ..!:l" P.65 Minnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 Organization information 8/05 Page 1 of 2 FOR BOARD USE ONLY Check # $ Organization license number , 13 - i:J.-, ,..-() 0 Daytime contact phone number ~&3) 7Jt- 1if1 Gambling premises information Name of establishment where gambling will be conducted LA ~.. - Y\ 'BCL r 't- Gt:c' I City.~'urnm\4.... I Township ,,-. '- OR N..u. . f-r< Does your organization own the building where the gambling will be conducted? _Yes X-NO If no, attach LG215 Lease for Lawful Gambling Activity Not the mailing address. D~ not us~ E:..O':"pox !!!:!,mbe!:.:.... _ .J Street address where premises is located 4"9o-c7'" &- 'IN ~ il. G ZipHcode County oS1/2 I Gambling bank account information Bank name Bank account number ? IC 57J () '-I 0 C> Bank street address City 3 ~ 'J 1 -s-r-/2--1 Address{es) in Minnesota of all temporary and permanentoff-si e sto age space for gambling equipment and records related to this site (may not be stored outside of Minnesota) Address (Do not use a P.O. box number) City State/Zip code . ~ fr "n - ~./f ~ I 0.s- iJ, 13 .:s p t.-( (\ 1L:A-t~ PcurK Wi 1') 5::J-L/3J- Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (Indicate A.rYl. or P.fv1.). An occasion may not exceed 8 hours. Dav Beainnina/Endin9 Hours Dav Beainning/Ending Hours to to to to to to to to to to to to to to to to to to to to to to to to P.66 LG214 Premises Permit Application Data Privacy 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, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, !fyou refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disclosure of your social security number. If so, your social security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social security number is found at 42 U.s.c. 405 (c)(i). Page 2 of 2 8/05 your premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your social security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff 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 MinnesotaLegislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are spedfically 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. Your 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 Acknowledgment and Oath I 11ereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to p .ovide required information or providing false or misleading information may result in the nlal or ev cat" n of e license. Print name Required Attachments 1. If the premises is leased, attach a copy of your lease. Use form LG215 Lease for Lawful Gambling Activity. 2. Attach the resolution from the local unit of government (city or county) which shows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee is required. Make the check payable to the "State of Minnesota." Mail the application with attachments to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 10 OJ IIJ ~ , Date NOTE: There is a monthly regulatory fee of 0.1% (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the G1 Lawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you usea m call the Board by using the Minnesota Relay Service and ask to place a call to 651-639- 4000. This form will be made available in alternative format (i.e. large print, Braille) u on request. P.67 Minnesota Lawful Gambling LG215 Lease for Lawfui Gambiing Activity Organization name License number 8/05 Page 1 of 2 State Business/street address City State Zip Daytime phone Check all aCf~ivities that will be conducted: _Pull-tabs -X-Pull-tabs with dispensing device _Tipboards _Paddlewheel _Paddlewheel with table _Bingo _Bar bingo Pull-tab, Tipboard, cmd Paddlewheel Ren_t (No lease required for raffles.) - - Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r--~---------------------------------. Does your organization OR any other organization conduct gambling from a booth operation at this location? Yes No L______________________~__==_________~ If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10% ofthe gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % I Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to I OptiOn B: WIlen gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ . to $200 per month may be paid. Amount to be paid $ ,,).(jO .(lV. Option c: $0 to $400 per month may be paid on the first $4,000 R Option C: $0 to $200 per month may be paid on the rirst $1,000 of gross profit. Amount to be paid $ . Plus 0% to I of gross profits. Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % over $1,000. Percentage to be paid % Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, eXCluding barbingo. Percentage to be paid % Bar Bingo Rent _ Option F: No rent may be paid for bingo conducted In a bar. . Option E: A rate based on a cost per square root not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board, No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. r------------. For any new bingo activity not previously I included in a Premises Permit Application, I I attach a separate sheet of paper listing the I days and hours that bingo will be conducted. L____________~ Amended Lease Only If this is an amended lease showing changes occurring during the term of the current premises permit, both parties that signed the lease must initial and date all changes. Changes must be submitted to the Gambling Control Board at least 10 days prior to the change. Write in the date that the changes will be effective ---1---1_, Lessor Date Organization Date P.68 LG215 Lease for Lavvful Gambling Activity 8/05 Page 2 of 2 Lease Term - The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Controi Board (Board). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as,players in the conduct of lawful gambling on the premises. Illegal Gambling . The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules7861.0050, Subpart3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provision. ~ To the best of the lessor's knowledge, the lessor affirms that a ny and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart3. · Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by fVlinnesota Rules 7861.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. Q The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lesso~ the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation Oftllis provision is alleged. The arbitrator shall be the CRG. . The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to permitted premises - The Board and its agents! the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, eiectricity, Ileat, security! security monitoring! storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms AI! obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease Information is the total and only agreement between the lessor and the organization. There Is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the iease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease Is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. List or attach other terms or conditions (must be approved by director of Gambling Control Board) Signature of lessor Date Print name and title of lessor SignatLlre of organization official (lessee) Date Print name and title of lessee Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TrY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with ~1innesota statutes and rules governing lawful gambling activities. P.69 Mj[1nesota Lawful Gambling . LG224 Lease for Off-Site Gambling Activity 5/04 Name oflegafowner-6fproperty Street adcfress --.e d ! Name of lessor Street address (If same as legal owner, write in "SAME") City 8ta te Zip Daytime phone number City State Lip Daytime phone' number S'd )11-f Name of leased premises Street address, orroad designatiolls City ;;J 1, e y}1 +- Y' , 'Name of lessee (name of organization leaSing the premises) Zip Daytime phone number J1N (f) (j tP ~ J!:: ...g't~ v ;:: W::r:JeJ " h, j, -0- Gan'1bling Activity and Lease Obligation 1. Beginningdateofoff-siteactivity 2-/7 -t9::t Ending date of off-site-activity (! D J-If--- 2. Check the type of gambling activity that will be conducted for this off-site activity, X- pull-tabs _ bingo _ tipboards _ paddlewheels (No lease is required for raffies) 3. Rentto be paid for the leased area $.J.. () 0 & tJ If none, write "0." 4. All obligations and agreements between the organization and the lessor are listed below or attached to this lease. Any attachments to this lease must be dated and signed by both the lessor and lessee. "I ;f. tY (j) / 7M t9 J? e Ivl- , if ;4 61 c9 0 It! r t J 1/ ";-0 r ~ I ~'e hi-- (Jl "7-- 1;1 !"t--e'" This lease is the total and only a eement 0 ween the lessor and the 0 ganization conducting lawful gambling activities. There is no other agreement and no other consideration re ir ~~een t e parties as to the lawful gambling a" other matters related to this lease. tJ// / ..4 X . --:;::€ 0 < cXdhc- :-,'/~ A Z--/ Signat&,J of lessor - Date Sign re of organization official (lessee) ( CT- / . !S;-. L'i r f ,. /14, '1;~'-J' c ,) ;/ Print name of lessor Print name and title of person signing on behalf of organization "s-I/(1(51 Date I i This publication will be made available in alternative format (Le.large prinf, Braille) upon request Questions onthis form sh ould be directed to your licensing specialist at the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Mim~esota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. P.70 r /, I1j ALAD Ii w ~ M '0" 'l \ \ .I ... ~ .~ 0 .-M.... . . . . . ... 'P" ."an ~ M rj ~, '\,."J ! ! ~ } 6 n. r ~h .~) I ~ ,s;/ ~"/? I Cr (/ ~ I "">-. ' ' /::': ~ ,-<1 /"1 ", , {""f 0-S a " "'1"- 'I / ''\ '- / .,.y,. .. { ~il,L MEN \Ii]/f1[N 1 ft , ~ 1 I l~ f ..-- ;r, J lV . . I ~' / I 11 ,', ;lr 1 r" ~ 4 '1, . ,'d ,!P'\,.l"" t\! " \1 J ~ l~ ' I 1 j. j ~~'~;j : IBAR ~ O '....., , . ... - I~ :11 ,,'~ r PooL " 'II I I I '/FlbllO '~_ _ _ _ ~ t ., l I P.71~ _. . ,~ i . ~ jllL =-~~~="""""'" ",_ J ~~ "...,....~~~..l~~~~~~~....~ I , , Registered Employees - (LG209) VFW Post 230 License #: 12 1. Review information for accuracy and make necessary adjustments directly on this document. 2. Unless already submitted, A LG209 must be completed for new personnel not listed below. 3. Return only if the information on file requires updating. Barton, Richard Evan 12/29/1997 to Biernat, Gladys Lydia 1/17/1996 to Blood, Janice Ruth 7/2/2002 to 1~"'3 /- 0)- Brodie I John Robert 9/17/1992 to Burquest , Lawrence Robert 11/13/1996 to Chew, Annette Pauline 8/18/1997 to 1/-/6- 9 '7 Cleland, Michael Phillip 1/25/1996 to //-/0-9 9' Dupay I cad' 10/2/2003 to Griffith , Edward George 9/14/1995 to Hanson, Dianna Lynne 2/1/2004 to Harlan I Mary Josephine 4/7/1998 to Kaplan I Bernice LaVonne 3/2/1995 to Knealing , LeRoy William 9/10/2003 to Ostic , Doris Ann 2/1/1992 to Peterson ,'Rosella Pearle 2/1/1992 to 9- /~ 'fF. Roth, Shelly Marie 5/24/2002 to 0"- O~ Schmeda , Sharon Kay 9/10/2003 to Sherrill, Deana Lee 10/2/2003 to Thorp, Jean Corrine 3/17/1994 ;:; .. !;1 9:f7 to ~ ~VO ~ Twedt, David Grant 5/11/2002 to Mondav.Auaust29.200S P.72 COLUMRIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~A-7 Community Development APPROVAL ITEM: Case #2005-1101, Approval ofa IS-foot BY: Jeff Sargent, City Planne~ BY: side yard setback variance for Ben Adams DATE: November 9, 2005 Meeting of: November 14, 2005 BACKGROUND: At this time, Ben Adams is requesting a IS-foot side yard setback variance for the construction of a new driveway. The applicant's property is located in the R-3, Multiple Family Residential District, which requires a 20-foot side yard setback requirement for parking areas. The applicant is proposing to construct a hard surface driveway, leading to the principal structure,S feet from the side lot line. For this reason, a IS-foot side yard setback variance is required. PLANNING CONSIDERATIONS: Mr. Adams stated that he has received notice fi'om the City's Public Works Department that the larger City vehicles and snowplows are unable to access the alley because his vehicles partially block the way. To appease these concems, Mr. Adams stated that he stored the vehicles on the street in front of his house. The Police Department then contacted him stating that it is illegal" to store the vehicles on the street ovemight. The only solution that Mr. Adams could fInd was to construct a large enough driveway on his property to acconunodate his vehicles. The only location for such a driveway would be in his front yard. The applicant's current one-car garage lies approximately 2 feet from the alley, and the adjacent driveway is not long enough to accommodate the lengths of the truck or trailer. In order to extend the current driveway further into the propeliy to gain enough room to store the vehicles, extensive excavation and grading would need to occur because of the steep topography of the land. The applicant stated that the rear yard sits approximately 4 feet higher than the driveway and alley in the rear . The Planning Commission recommended the IS-foot side yard setback for the construction of a hard surface driveway by a vote of 5-0. The variance would allow the applicant to store his vehicles completely on his property. RECOMMENDATION: The Planning Commission held a public hearing on November 1,2005 and reconunended that the City Council approve the IS-foot front side setback variance for the construction of a hard surfaced driveway. RECOMMENDED MOTIONS: Move to waive the reading of Resolution No. 2005-80, there being ample copies available to the public. Move to adopt Resolution No. 2005-80, being a resolution approving a variance from certain conditions of the City of Columbia Heights Zoning Code for Ben Adams. Attachments: Planning Report, Draft Resolution, Location Map, Site Plan, Letter fi'om applicant COUNCIL ACTION: P.73 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1101 DATE: October 21, 2005 TO: Columbia Heights Planning Commission APPLICANT: Benjamin Adams LOCATION: 628 - 38th Avenue NE REQUEST: 15-foot side yard setback variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Ben Adams is requesting a 15-foot side yard setback variance for the construction of a new driveway. The applicant's property is located in the R-3, Multiple Family Residential District. The City of Columbia Heights' Zoning Code at Section 9.106 (L)(7)(g) states that setback for parking lots shall be subject to the same setbacks as a structure for the district in which such parking is located. The minimum side yard setback for a structure in the R-3 District is 20 feet. The applicant is proposing to construct a hard surface driveway, leading to the principal structure, 5 feet from the side lot line. For this reason, a 15-foot side yard setback variance is required. PLANNING CONSIDERATIONS Currently, the applicant has a one-car garage adjacent to the alley in the rear of the property. The garage functions as a storage facility for the vehicle that the applicant drives daily. On site, Mr. Adams also stores a truck, a boat and a motorcycle on a small driveway located adjacent to the garage, accessing the alley. Mr. Adams stated that he has received notice from the City's Public Works Department that the larger City vehicles and snowplows are unable to access the alley because his vehicles partially block the way. To appease these concerns, Mr. Adams stated that he stored the vehicles on the street in front of his house. The Police Department then contacted him stating that it is illegal to store the vehicles on the street overnight. The only solution that Mr. Adams could find was to construct a large enough driveway on his property to accommodate his vehicles. The only location for such a driveway would be in his front yard. P.74 City of Columbia Heights Planning Commission Ben Adams, variance October 21, 2005 Case # 2005-1101 CONSISTENCY WITH THE COMPREHENSIVE PLAN The comprehensive plan states that one of the housing goals of the City is to promote and preserve the single-family housing stock as the community's strongest asset. The applicant's proposal is enabling him, and future owners of the property, the opportunity to use the single-family use as appropriately as any other single-family dwelling owner in the city. By storing vehicles on his property as opposed to storing them along city rights-of- way, the proposal is consistent with the comprehensive plan in that it is preserving the single-family use of the land. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request in the City of Columbia Heights: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant's current one-car garage lies approximately 2 feet from the alley, and the adjacent driveway is not long enough to accommodate the lengths of the truck or trailer. In order to extend the current driveway further into the property to gain enough room to store the vehicles, extensive excavation and grading would need to occur because of the steep topography of the land. The applicant stated that the rear yard sits approximately 4 feet higher than the driveway and alley in the rear. The applicant's property is only 35 feet in width. Given the specified criteria for placing a driveway in this district, there would be no way to place the driveway 20 feet from either side lot line without requiring a variance to do so. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. There are only three residential properties in this area adjacent to 38th A venue. The topography of the land is consistent throughout each of the three properties, with the rear yards being approximately 4 feet higher than the driveway and alley. Compared to the rest of the City, the topographical conditions of these three parcels are unique in the R-3 District. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of this article state that residents shall store personal vehicles completely within the confines of their property. The topographic conditions of Mr. Adams' property make it impossible to do so. The applicant has in no way created P.75 Page 2 RESOLUTION NO. 2005-80 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BEN ADAMS WHEREAS, a proposal (Case # 2005-1101) has been submitted by Ben Adams to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 628 - 38th Avenue NE LEGAL DESCRIPTION: Lot 28, Block 88, Columbia Heights Annex to Minneapolis. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A IS-foot side yard setback variance for the construction of a driveway per Code Section 9.106 (L )(7)(g). WHEREAS, the Plamling Commission has held a public hearing as required by the City Zoning Code on November 1,2005; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOL YED by the City Council ofthe City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical sUlToundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, where strict adherence to the provisions oftl1is Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person cUlTently having legal interest in the property. 4. The granting of the variance is in hannony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. P.77 Resolution No. 2005-1101 Page 2 FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other infomlation shall become part of this variance and approval; and in granting this variance the city and the applicant agree that tIns variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. The applicant shall obtain a bOlU1dary survey to accurately denote the placement of the side lot line. 2. The driveway shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry standards. Crushed rock shall not be considered an acceptable surfacing material. Passed this _ day of 2005 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.78 :/<: 326.3" 551 o ~ ~~ 3900, I") .0' 100." 3965 PARK m 635 8 661 0 673 ~ 683 0> '" D. N. U, 27....0. 100.0' 100.0" 100.0" .~.-lo ;;>"" HUSET 530 34 -B\.~J' AVE 375.0 200.0 173.4 100.0" 100.0 200.0 '" o !:; '" '" '" "'. 636 550 ... 600 0> q, 2-49.0' '" 0> q, / .::, -' 9~ 60.:& 607~ 0- j;: 627 '" '" q q 0 q q ~ 650 ~ / 660 ;; q 674 100.0' 7 ". ;.0" "'B.O' 70.0' 132..:5" 1SO.5' 637 '" 1" '" C> q 637 AVE 70.0' 111.6' 80.5 5.0' 70.0 .., '" q 604 ~ . _ to. E372 ~ 636 BO.O' CD tl i0 "- '" r<t: '" (J;) q tiP. 1.0 400; BO.O' 40.0' 647 '" '" '" 0.0 z o (J) O PI ~? / .160.2' 583~ ~\~ @ q ~ 11}l.\l:l:l. - , 40.0' ~\. .c.O.o' 609E q z o (J) o <C .9 ~ l ~ t 675 160.0' 360.0' \ '- ...." ~ ,......-._..~,--. '--. -.:-= P.79 ~I '" tl'- Cl w :z -l u: o a: o ~ , ..'~I \ J1 ! \~o . -il ~lt 1 ~ -\.... y .< Jc1;11": rl::'':: :,..u:-t~ l.j _~~_ '.._ ....-:..:=~lle ~:. _.. A:;ck2., :-:i~~83ota ,.....-" ,\ 3:::> I''''. ;-:",,'jtZ. ~ o' ;(:/"'" N . t:::. . Ill.olo\ . tRo", r:,~ ' tl..~ , ~{ I ~.tt,. c:: t>. 1\\11\ ~ ~~ \ ..;" \ -:2.~ =. ..iO, , 30 . , 'j r) -r . \ 1"" / ' , .- , ......) !,I\ I "-'OJ I I l. ,..- l , I{\ . - ,. . 0- r> - N I'J N ('oJ - _Uh!:i \4\ r~~~1~~~. ~ \.. '- ~ "'( \.RC.N Sl1rve.~.' of Lot 23, ~;lock E:j .j ~I N, t ~ \-\0... * .:0 '3 (c Solnmbia Ee:.~~ ts Anne:': to :'-!inncaDolis M.o ka ,::; 0 :':J1 t:,r , .,. . ::.1 ~ne so t.a scA1'lNED // lv'~ l' .. r:.. f\; I) ~ . (j) Kl co CU en t-3 ::r: ! :;t:. i <: tI:l i Z f tI1 g V. :: 1:e:-ccr,' ccrti f:r th;<t I ha're s'Jr'/~yed t~l~ rollowi~~~ (ie~cribed p~cperty a~d th'lt I ;1:"1 a duL' register'2Q L.s.r:c. S1..:.!"';eyc=- ,~,-;.,~ th 1-' e c.- +h<') "40....tu .....".. .~. ......(:)'..0..'] l.u.l'"~-''' 1 e :-:/l..J _ v.~t.; ~)~{.l .# ,...J., .~lr:....-;.:} .~~.?,:. ~ -? l./ <.::.. L,....., __ ~_~,.. ..... : . ~L"""_"(.:"'J P.80 ~ ---~- '.~- :- "~~...... ,....".:-~...- . -~- -~-~-~~_._._-- '- . - ' _, ~~t-i=I=t- ~ ~ Ii . · ------------ ;Z-'- ---' i I I : '-I-r- ;-=111_.,(--.1-----1--,: -t' . -',1---1, ._ __' ~ -r-TI'---r---'~Il--~-' I -r:;- I " ,'- I . , I ' 'I : ___ ___.."._i.__) :v./lf< I : --j--~ .__..L__i__ I' II l--r--I I;--+----!!j' #' ",__,_,-, ' , i ,,- I' ' ..__' , _ ______~_ ' : ' i ______,_,_ ,I; 11------.' I I .. ~__,______ ' ,__'____ J ' , I ' ;--r-I--I _.__ ! ,---,~-.-.r--f--,'~-----.L-.-.-.-.i.--...'--...-.--.-'--.1....---f-. I. --,-i---i-t--':: I I I :L ' ' ' ' , ,'.__' -- ___.._++_L_!___L.-..--,----r--., 7---.--~----~----._-1~ ,~.-;i..-__------.,' : -, . : _ . _ .-- ,~t\._~-,,_.-! , ; .--:~ ,- i-...,....---- _4_';-..-I___;_:_i___ ~ --- !-._-----:----~ '- I . i ---~-~-~., ~__l l "'--j- ~ T-----..- j _L_ 1 7:5 I , '-r-T-.R--f-\7'-ril--~_: .' I~fJ"I ----H...-'-~{P.81C~fc-.-- --.-.-~._-' \ \ ,\ D? \()\ ! To f,/hoi"l'1 ;t yVl!lY conc'(/Yi !+ 1tf'l1 /10 f t?t'Y1/ It () r,"(;-( //4-1 IfronT 'j/fr . i I: ~'C 4So~ ..n ( i ,<OJ., yv21 @ i 8lfcl\ Yl/r~ docs no f- I'//o",v -tor j -f j, ~ !(r:Ar J:Jr,'v( 115 Th'C. l/-fr.:{ j-rh ~ dr,.V" f)r 17/1't.7 /t:vt:/. -rh-<. llfr -c. V!./"1 -cy..j.,.,., ~,'v"( i ~.! tvly Jr7 +p,-- /1 n exrn5/pn oc:f2 ? /-1 :5 4"v11 /J~ov l/"( exl1-v.sJ.titOYl cos~~ (h:.,'9 h J,,.. /I~ 5 /9 T1 e 'y::/~Ir'.r'7( c!;-/t/t: J..;-19 '( th-c 'f!;<l1-ct- to?;~fl()~i/}7 ThAf r~ J't~/f"nl ((J) fV11 l3f1ck d~/v( w/J1 /5 Trt/ck.. J-JII-I'1e; (Jvf- ,'" fh-e I @ I /--"" '> .. n -for,.,< c( I!y /fI1 off;cer <If -H.<- I ;9-t-V -r4 <4 f !i'f /5 il ~71f-1 To - //ji I;. ,'", -fr#1 n -I- or yn 7 !fp,/s '( IA5 flutt ,'S . Vi~<cI~c/ -P.fJr c"fr 1- 5-4cl7 f4rlt/7 +- !JYJ;i* p1"( yvJOVo{ J"V17 Tr~ch:: t-rn'Y1 Thr frp;'}f- C7f!- ! VV1 r t? t--"" n fig v S" (" i @ i"""t I. f- is on /1 35"' ,J""J. 8(- v;/.c :;.. ! if / 5 ~ ll'Y/ol"f..~!r /"' ~/Ie/'e tt9 '-I 4~ 'J.O \ S-Ilfaof t/7f:. (i) I =r JVSf-WMf- r'"' INk 1"'7{ C1/'S w,jl"v)'- I il""j ryen&'i)u:1 1"' ;:..fw-.~... f/'- t"t-CT! I- ih-c c/ly !W9r/tct'.s T~{ ~~f -!- cI l-e{f/ &-el.f- /f Dr/t"-( h/'/l-1 if/~~s(. }I,,1t f#J-! It I {} 5-f~1 IJvf- (l{- T.h4/"/ ?v-4( P.82 ~ 1_ /_ }Mri{1:5 /?~/2 ht7L/7-~ 5' 'SC) 5'ho,f /iller p7j c4-r I- CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: 5-A-8 FINANCE APPROVAL ITEM: CHANGE ORDER TO VEIT & BY: WILLIAM ELRITE BY: COMPANY INe. CONTRACT (CITY CONTRACT 1844) DATE: NOVEMBER 9,2005 NO: MEETING OF: NOVEMBER 14, 2005 Background: On June 30, 2005 the City of Columbia Heights entered into a contract with Veit & Company Inc. for building demolition and excavation of contaminated soil in the redevelopment of the industrial area. The contract was approved based on specifications of estimated quantities and dollar amounts per quantity. These estimates and bid dollar amounts resulted in a total contract price of $891,312.50, which is the amount listed in the contract approved by the City Council. Analysis/Conclusion: At this time the actual quantities have exceeded the estimates and specifications. This results in two change orders to the contract, change order #1 in the amount of $342,525.74 and change order #2 in the amount of $26,180.25 for a total contract amount of $1,260,018.49. The developer Schafer Richardson is responsible for the costs that exceed amounts not covered by the DEED grant. Change orders and documentations suppOliing the need for the change orders are attached. ProSource Enviro1ll11ental has monitored all fieldwork and has recommended payment. RECOMMENDED MOTION: Move to authorize contract change orders #1 and #2 for additional work added to the contract by the City of Columbia Heights to Veit & Company in the amount of $368,705.99 with funding coming from the appropriate funds. WE:sms 0511092COUNCIL Attachments "Contract 1844.pdF' COUNCIL ACTION: P.83 fCHANGE OORDER REQUEST Date: November 4, 2005 VEIT & COMPANY, INC. 14000 VEIT PLACE ROGERS, MN 55374 TO: ProSource Technologies 2n Coon Rapids Blvd NW Suite 304 Minneapolis, MN 55433 Project Manager: Rollo WallmQW 763-428-6745 Project Coordinator: Jodie HackenmueJler 763-428-9592 Jim Crowl JOB NAME/LOCA 1l0N Columbia Heights Industrial Park Columbia Heights, MN Veit Job # 0050539 We hereby request a change order reflecting the change(s) attached on the following Extra Work Authorization Forms and Summary Sheet. Chan~e Order DescriDtion Amount Spreadsheet of T esll=loles, Pumping of Water and Grading -Revised $11,588.00 2nd Level Slab & Tank Pumping EWA#1D945 &#10947 $8,400.25 Asbestos Transite Panels $2,886.00 Pumping of Exterior Sump at Grief Bras property $3,306.00 I Total Change Order Requestl $26,180.25 I ACCEF'TED - The above prices and specifioations of this Change Order Request are satisfactory and are hereby accepted. Date: All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated. Signature: Jf you have any questions regarding this change order request. please call the Project Manager listed at the top of this page. Thank you. P.84 ~"''''t'l r"!".. tin I DC IIIDnllln..... , II:t A .__UJn\LJ l"It'." I Cnn7_bn_1 I ICHANGE ORDER REQUEST Date: November 4, 2005 VElT & COMPANY, INC. 14000 VEIT PLACE ROGERS, MN 55374 TO: ProSource Technologies 277 Coon Rapids Blvd NW Suite 304 Minneapolis, MN 55433 Project Manager: Rollo Wallmow 763-428-6145 Project Coordinator: Jodie Hac:kenmueller 763-428.9592 Jim Crowl JOB NAMElLOCA liON Columbia Heights Industrial Park Columbia Heights, MN Veit Job # 0050539 We hereby request a change order reflecting the change(s) attached on the I following Extra Work Authorization Forms and Summary Sheet. ChanQe Order Descriotion Amount Excavation of Foundry Waste over by 14,575.54 CY $23,320.80 Hauling of Foundry Waste over by 14,575.54 CY $186,566.40 Disposal of Foundry Waste over by 24,344.45 Tons $85,268.03 Hauling of Placement Off-Site Backfill over by 14.575.54 CY $47,370.51 I Total Change Order Request [ $342,525.74 i ACCEPTED - The above prices and specifications of this Change Order Request are satisfactory and are hereby accepted. Date: All work to be perfonned under same terms and conditions as specified in original contract unless otheJWise stipUlated. Signature: If you have any questions regarding this change order request, please call the Project Manager listed at the top of this page. Thank you. P.S5 inspection. If approved, a copy ofLhe sif:,'l1ed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendmcnl(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, 3&,'Teement, tem1, or condition contained in the Contract Documents. 8. CHA.l."lGE ORDER... The City shall have the right, \vithin the general scope of the Work and without notice to any surety or sureties ofthe Contmctor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining tenus and conditions contained in the Contract Documents. 9. GENERAL GUARANTY... The Contractor hereby guarantees to the City that all of the Workshall be done in competent, workman-like manner and that such Work shall be and remain free of defects in worknlanship and materials for a period of one (1) year from the date that the City executes the Completion Certificate pursuant to paragraph 17 of this Agreement The Contractor warrants that all materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City's acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this paragraph. . 10. "\V AIVER OF LIABILITY... It is agreed that the Work is undeltalcen at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation orresponsibility of the City of Columbia Heights. The Contractor shall indenmify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attomey's fees which the City of Columbia Heights, councilll1embers, officers, or employees may hereinafter incur or be required to pay on account ofinjmy to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perf0TI11 its ob1igations under this Agreement, whatever the cause of such injuries or damage. 12. INSlJRANCE ... The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indenmity provisions set forth in paragraph 11 of this Agreement, it will at all times during the teml of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Stallltes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contrJ.ctors with the applicable statutes. P.86 Con tractor shaUlist below the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the 'Work. The Contractor willllotify the City of any changes in this list prior to the commencement of the \Vork. \ IlltnL,'V"LeL! yV - - 15. CONTRACT PRICE ... The Contractor agrees to fumish all work, labor, materials, and equipment JJnecessary to complete the Work as set forth in the Contract Documents for the sum of 11' gq II 3 I d. 50 (the "Contract Price"), to be paid by the City in accordance WitIl the tenns and conditions of this Agreement. The Contract Price shall constitute the sole compensation payable to the Contractor for its perfOlmance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, pemlits, licenses, and bonds required to perfoml the Work. The Contractor shall indemrrify and save the City hamuess from and against any liability for any such taxes, fees, premiums, contributions, etc. tbat the Contractor incurs in connection with the Work. 16. EXAMINATION OF 'WORK SITE ... Contractor agrees that the Contract Price specified in paragraph 15 of tIus Agreement is based upon Contractors examination of the work site and that it will malce no claim for additional compensation or the extension of time for perfomlance if the conditions encountered differ from those anticipated by such eXarrUuation, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the subnussion of the Contract Plice. 17. P A Yl.\1ENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a) an itemized bill for the completed Work; (b) a properly executed Comp leLion Certificate; (c) a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of tilis Agreement. The City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect tile City from loss on account of: (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the sanle against the City with respect to the Work perfonned; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any teml, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY... The Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non-discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. Ii\'l)EPENDENT COI\'TRACTOR STATUS... Contractor is and shall remain an independent contractor ill the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor"llOr anyone employed or engaged by Contractor shall become an agent, representative, servant, or emp loyee of the City in the performance of the Work or any part thereof. P.87 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: 5~A~q FINANCE APPROVAL ITEM: CHANGE ORDER TO VEIT & BY: WILLIAM ELRITE BY: COMP ANY CONTRACT (CITY CONTRACT 1854) DATE: NOVEMBER 9,2005 NO: MEETING OF: NOVEMBER 14,2005 Background: This contract is with VEIT & Company, Inc. for removal/abatement of restricted and/or hazardous materials. The contract is dated September 13, 2005. The contract was approved based on specifications that estimated quantities and dollar amounts per quantity. These estimates and bid dollar amounts resulted in a total contract price of $97,355, which is the amount listed in the contract approved by the City Council. Analysis/Conclusion: At this time the actual quantities have exceeded the estimates and specifications. This results in five change orders to this contract, change order # 1 in the amount of $4,205, change order #2 in the amount of $5,573, change order #3 in the amount of $25,900 and change order #4 in the amount of $12,775, and change order #5 in the amount of $2,800 for a new total contract amount of $148,608. Change orders and documentations supporting the need for the change orders are attached. The City has received $195,629 in DEED grant dollars to pay for this contract. RECOMMENDED MOTION: Move to authorize contract changes #1, #2, #3, #4 and #5 for additional work added to the contract by the City of Columbia Heights to Veit & Company, Inc. in the amolmts of $4,205, $5,573, $25,900, and $12,775 with funding coming from the appropriate funds. . WE:sms 0511 093 COUNCIL Attachments COUNCIL ACTION: P.88 Veit Environmental, Inc. 23801 Industrial Blvd., Suite 100 Rogers, MN 55374 CHANGE ORDER REQUEST NO. 1 Date: September 30, 2005 TO: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 JOB NAME/LOCATION: Former foundry building 3800 5th Street Columbia Heights, MN 55421 Attn: Christy Steman, ProSource Technologies . We hereby request a change order reflecting the change(s) specified below. ITEM DESCRIPTION 1) Abate approx. 1058 sf of transite siding from interior wall, above south garage door (tin covering and insulation must also be removed) . Material, present on both sides of bay leading to garage door, must be accessed from the roof. AMOUNT 2) Abate approx. 450 sf of transite siding from interior wall, above paint booth area (tin covering and insulation must also be removed). Difficult access to material will slow waste generation rate. Quote includes extra labor, equipment, supplies, and asbestos/general refuse disposal costs $4,205 c:::::> WE AGREE hereby to make the change(s) specified above at this price $ 4,205.00 Date: 09/30/05 Previous Contract Amount $ 97,355.00 Authorized Signature Revised Contract Total $ Date of Acceptance: / () - /, - 0 e;- II - l. Signature: ( . /~ t.//V PS9 .-:tl~. { I . \0 (, Or L"-'7i~ 1 01 ,560.00 ACCEPTED - The above prices and specifications of this Change Order Request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated. lD~D3-2DD5 07:04PM FROM-VEIT ENV + T-355 P.D02/DD2 F-491 Veit Environmental, Inc. 23801 Industrial Blvd.. Suite 100 , . Rogers, MN 55374 CHANGE ORDER REQUEST NO. 2 Date: October 3, 2005 TO: City of Columbia Heights 590 40th Avenue NE COlumbia Heights, MN 55421 JOB NAME/LOCATION: Former foundry building 3800 5th Street Columbia Heights, MN 55421 Attn: Christy Steman, ProSource Technologies We hereby request a change order reflecting the change(s) specified below. ITEM DESCRIPTION 1) Abate approx:. 530 linear feet (If) of asbestos-containing pipe wrap from overhead areas in main section ("Area Nil) of former foundry building. Pipes to be abated are 20-30 feet above floor level. AMOUNT $5,573 Quote includes labor, lift rental, equip. and supplies, and disposal costs. Material will be glovebagged where cuts are made, and wrap/cut methods will be utilized to abate remaining straight-run sections. Approximate 10-foot sections of pipe will be taken down for disposal. These pipes were not indicated in the pre-demolition survey and thus this abatement work was not included in VEl's original base bid. Sampling results by ProSource Technologies, Inc. indicated 5% asbestos. Results were made available to VEl an 9/30105. VEl estimates that 4 men working 2-3 days will complete this extra work. Cost breakdown: Labor: $4,750.00; lift rental: $150.00; supplies: $300.00 disposal costs: $373.00 ~ WE AGREE hereby to make the change(s) specified above at this price $ 5,573.00 Date: 10/03/05 Previous Contract Amount $ 101,560.00 Authorized Signature Revised Contract Total $ 107,133.00 Date of Acceptance: /0- & -de::: Signature: CtA-;;:;~ 0~ l . \ \o(u( or Updated 08/l0/05 ACCEPTED - The above prices and specifications of this Change Order Request are satisfactory and are hereby accepted. All work to be performed under same terms and cOftdilions as specified in original contract unless olheMise stipulated. P.90 10-10-2005 07:39PM FROM-VEIT ENV + T-40B P.002/002 F-60B Veit Environmental, Inc. 23B011ndustrial Blvd'i Suite 100 Rogers, MN 55374 CHANGE ORDER REQUEST NO. 3 Date: October 10,2005 TO: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 JOB NAME/LOCATION: Former foundry building 3800 5th Street . Columbia Heights, MN ""55421 Attn: Christy Steman, ProSource Technologies We hereby request a change order reflecting the change(s) specified below. ITEM DESCRIPTION 1) Abate approx. 10,300 square feet (sf) of panels covered with asbestos- containing coating termed galbestos. Work areas are described below: a) n-s trending exterior wall, Area X + V: 2,880 sf b) e-w trending interior wall, Area X: 1,690 sf c) n-s trending exterior wall, near NW foundry corner (Roof K): 4,131 sf d) e-w trending exterior wall, at NW foundry corner (Roof M): 1,680 sf AMOUNT $25,900 This material was not indicated in the pre-demo survey and thus this abatement work was not included in VEl's original base bid. Sampling results by ProSource Technologies, Inc. were made available to VEl during week of 10/3/05. Note: over 60% of this material is found in areas where waste generation rates are expected to be 1.5x to 2x slower than that observed for completed exterior transite panel removal, where panels were placed directly into dumpsters below. Examples: a) 300 sf behind silos; b) roof top work on ladders, handling panels t9 lifts at roof edge or through opening to lifts inside foundry building (4,131 sf); c) interior panels behind steel beams and girders (1,690 sf); d) catwalk/scaffolding access required (approx. 500 sf behind Storage Room A + B) Cost breakdown: 1) labor: $17,170 (>300 manhours); 2) materials and equipment: $2,020; 3) fees (dumpsters, disposal, lift rentals, MDH fee): $6,800 ~ WE AGREE hereby to make the change(s} specified above at this price $25,900 Date: 10/10/05 Previous Contract Amount $ 107,133.00 Authorized Signature Revised Contract Total ACCEPTED - The above prices and specifications of this Change Order Request are satisfactory and are hereby accepted. All work to be periormed under same terms and conditions as specified in original contract unless otherwise stipulated. Date of Acceptance: Signature: (I,fn It~- ''f~'?, y ~ ( -'\6'~ $ If:)~ /1; .....-o.s;- 133,033.00 Tlpdoled 08/10/05 P.91 I fO_2UCl,LD. LVV? 't:vvrlvI1TE rro~ource lecnnologles U-LU"" Uq ;4grlll rIlU/lrVI: NY + IVO, VDI.fV r. LI L T~!14 ~.vu,,002 r-HlY Veit Environmental, Inc. 23801 Industrial Blvd., Suite 100 Rogers, MN 55374 CHANGE ORDER REQUEST NO. 4 (reviGed) Date: OCtobGr 26, 2005 TO: City of Columbia Heights 590 40th Avenue NE Columbia He/gntl, MN 66421 JOB NAME/LOCATION: Farmer foundry building 3800 5th Street Columbia Heights, MN 55421 Artn: Christy Steman, ProSource Technologies We hereby request a change order reflecting the change(s) specified below. ITEM DESCRIPTION Remove and dispose of 449 switch boxes within maIn foundry building AMOUNT $11,225 Remove ~nd dispose of 6 switch bO)(8S fram Outbuildrngs (previously removed by VEl under a verbal approval). $ 150.00 Handle and dispose of 30 switch boxes previously taken down by Others. $ 150.00 otal switch count of 485 was provided to VEl by Christy Steman of ProSource Technologies, Inc. on October 20, 2005. Totar cost Is based on a remove/dispose unit rate of $25/ea and a handle/dispose rate of $5/ea as agreed upon by ProSource TechnologIes and V8 Cost inc!ude~ labor. 11ft rental, gasoline for lifts, transportiltion, and. disposal. ~EVISION: as per Christy Stern an 10/26/05, add: remove and dispose of 50 additional switch boxes and other miscellaneous material @ $25/ea. $1,250 ~ E AC3REE: hereby to make the chan~e(s) specified above at this price $12,775 10/26/05 Previous Contract Amount $ 133.033.00 gnjtute - ~ Revised Contract Total C PTED - The above prices and specifications of thli Change Order Request are satisfactory and ire hereby aeceptel1. All wOr1( to be performed under sarne terms and conditions as gpecl1led in original am tract unless otnl;/Wi3e at;PLllated. Signature: 145,808.00 -oS Updared OBll 0105 P.92 10-31-2005 10:51AM FROM-VEIT ENV + T-528 P.002/002 F-864 Veit Environmental, Inc. 23801 Industrial Blvd., Suite 100 Rogers, MN 55374 CHANGE ORDER REQUEST NO. 5 Date: October 31, 2005 TO: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 JOB NAME/LOCATION: Former foundry building 3800 5th Street Col~mbia Heights, MN 55421 Attn: Christy Steman, ProSource Technologies We hereby request a change order reflecting the change(s) specified below. ITEM DESCRIPTION Remove and dispose of 280 linear feet of busing from main foundry building AMOUNT $2,800 Note: representative samples from 680 If of bus duct material was sampled for asbestos. Approx. 400 If was found to be non-containing, Note: a quote of $1 O/If was negotiated by VEl and Jim Crowl of ProSource Technologies on 10/18/05. Cost includes labor, lift rental, gasoline for lifts, transportation, and disposal. t:::::> WE AGREE hereby to make the change(s) specified above at this price $2,800 Date: 10/31/05 Previous Contract Amount $ 145,808.00 Aut~~~gh'at..:r::ure V Revised Contract Total Y4M;JI , y~ ACCEPTED. The above prices and specifications of this Change Order Request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise slipul<:ited. $ Date of Acceptance: / t/. 3/- 0 -<) /'I /_.__ ~ Signature: L/~ ,."'f,( 148,608.00 P.93 (~ ~ t ~/)\( QC Updated 08/10/05 . inspection. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor ofthe approved Amendment Request Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such .A..mendment Request Certificate shall be deemed to constitute a 'Naiver of any remaining covenant, agreement, tenn, or condition contained in the Contract Documents. 8. CHANGE ORDER n. The City shall have the right, within the general scope ofthe Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons ar property be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY... The Contractor hereby guarantees to the City that all of the Work shall be done in competent, workman-like manner and that such Work shall be and remain free of defects in workmanship and materials for a period of one (l) year from the date that the City executes the Completion Certificate pursuant to paragraph 17 of this Agreement. The Contractor warrants that all materials and"'equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City's acceptance of the Wark shall not be deemed to be a waiver of any of the City's rights under this paragraph. .' 10. WAIVER OF LIABILITY... It is agreed that the Workis undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDElVINIFICATION... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay all accoUIlt of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under tlus Agreement, whatever the cause of such injuries or damage. 12. INSURANCE... The Contractor agrees that in order to protect itself, the City of Columbia Heights nnder the indemnity provisions set forth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require aU subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. P.94 Contractor shall list below the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement ofthe Work. 15. CONTRACT PRICE... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Wark as set forth in the Contract Documents for the sum of $97,355.00 (the "Contract Price"), to be paid by the City in accordance with the terms and conditions of this Agreement. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance oftne Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINATION OF WORK SITE... Contractor agrees that the Contract Price specified in paragraph 15 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the extension of time for performance if the conditions encountered differ from those anticipated by such examination, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 17 . PAYMENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following doclli"'1lentation as a condition to receiving payment of the Contract Price; (a) an itemized bill for the completed Work; (b) a properly executed Completion Certificate; (c) a Sworn Construction Statement; and (d) all lien waivers as required by paragraph 14 of tIus Agreement. TIle City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account of: (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating tile probable filing of the same against the City with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY ... TIle Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non-discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. INDEPENDENT CONTRACTOR STATUS... Contractor is and shall remain an independent contractor in the performance of the Work, maintaining complete control of its workers and operations. Neitller Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee ofthe City in the perfonnance oftlle Work or any part thereof F.9S CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: CHANGE ORDER TO FRA TT ALONE BY: WILLIAM ELRITE BY: COMP ANIES INC. CONTRACT (CITY CONTRACT 1793) DATE: NOVEMBER 9, 2005 NO: MEETING OF: NOVEMBER 14,2005 Background: On October 25, 2004 the City of Columbia Heights entered into a contract with Frattalone Companies, Inc. for work in the redevelopment of the industrial area. The contract was approved based on specifications that estimated quantities and dollar anlounts per quantity. These estimates and bid dollar amounts resulted in a total contract price of $694,662, which is the amount listed in the contract approved by the City Council. Analysis/Conclusion: At tIns time the actual quantities have exceeded the estimates and specifications. TIns results in change order #1 to the contract in the amount of $627,356.41 for a new total contract amount of $1,322,018.41. The developer, Schafer Richardson is responsible for the costs that exceed amounts not covered by the DEED grant. Documentation supporting the need for the change orders are attached. ProSource Enviromnental has monitored all field work and has recommended payment. RECOMMENDED MOTION: Move to authorize contract change #1 for additional work added to the contract by the City of Columbia Heights to Frattalone Companies, Inc. in the amount of $627,356.41 with funding coming fro111 the appropriate funds. . WE:sms 0511091COUNCIL Attachments COUNCIL ACTION: P.96 The City will approve 01' disapprove the Amendment Request Certificate after appropriate review and property inspection. Ifapproved, a copy of the signed Amendment Request Celtificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request CeItificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Celtificate shall be deemed to constitute a waiver of any remaining covenant, agreement, teni1, 01' condition contained in the Contract Documents. 8. CHANGE ORDER... The City shall have the right, within the general scope of the Work and without notice to any surety or sureties ofthe Contractor, to make changes in the Work, either by altering the nature ofthe same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY... The Contractor hereby guarantees to the City that all oHhe Work shall be done in competent, workman-like manner and that such Work shall be and remain fi'ee of defects in worlG11anship and materials for a period of one (I) year from the date that the City executes the Completion Certificate pursuant to paragraph I7 of this Agreement. The Contractor warrants that all materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free fi'om faults and defects. The Conh'actor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinelY materials or equipmentthat are to be incorporated into the Work. The City's acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this paragraph. 10. WAIVER OF LIABILITY... It is agreed that the Work is undertaken at the sole risk ofthe Contractor. The Contractor does expressly forever release the City of Columbia Heights fi'om any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and aIL claims that arise or may arise as a consequence of any act or omission on the part ofthe Contractor, its agents, servants, or employees while engaged in the performance oHhe Work shall in no way be the obligation or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold hannless, and defend the City of Columbia Heights, cotmcil members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account ofinjury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of slIch injuries or damage. 12. INSURANCE.." The Contractor agrees that in order to protect itself, the City ofCal umbia Heights under the indemnity provisions set farth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insura,nce in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are cllstomarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subconh"actors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. P.97 Contractor shall list below the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement of the Work. 15. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of $694,662 (the "Contract Price"), to be paid by the City in accordance with the terms and.conditions ofthis Agreement. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance ofthe Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 16. EXAMINA nON OF WORK SITE... Contractor agrees thatthe Contract Price specified in paragraph 15 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the eJo..'tension oftime for performance if the conditions encountered differ from those anticipated by sllch examination, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 17. PAYlV...ENT OF CONTRACT PRICE ;.. The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: Ca) an itemized bill for the completed Work; (b) a properly executed Completion Certificate; (c) a Sworn Construction Statement; and Cd) all lien waivers as required by paragraph 14 of this Agreement. The City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account of: (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing ofthe same against the City with respect to the Work pelformed; (c) the failure of the Contractor to make payments properly to subcontractors and/or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contmct Documents; or (e) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 18. EQUAL EMPLOYMENT OPPORTUNITY... The Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning \lon-discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 19. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent contractor in the pelformance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee of the City in the perfonl1ance ofthe Work or any part thereof. P.98 P....S!!!!!R!! November 10, 2005 9219 East River Road NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com Mr. Randy Schumacher Project Director City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 Re: Changes in Unit Quantities for Frattalone Companies Columbia Heights Industrial Park (Phase I) Dear Randy: As per your request, I am writing this letter to verify that Frattalone Companies of St. Paul, Minnesota has incurred additional costs for the excavation, hauling and disposal of foundry waste and soils contaminated with chlorinated solvents, as well as the import of clean backfill material (i.e. sand). This Work was completed as part of their Contract with the City to conduct Building Demolition and Excavation of Contaminated Soil for Phase I of the Columbia Heights Industrial Park. This Contract was structured so that Frattalone would be paid based on unit.pricing (i.e. the actual number of cubic yards and/or tons for the items listed above). As you are aware, the actual quantity of foundry waste encountered (27,331.53 cubic yards or 35,530.37 tons) was significantly higher than the projected quantity of 11,500 cubic yards or 14,950 tons. In addition, 7,834.75 cubic yards or 10,184.27 tons of soil impacted with chlorinated solvents were discovered beneath the former Honeywell building, whereas the projection for this phase of work was zero cubic yards/tons. Furthermore, an additional 5,684.74 cubic yards of backfill had to be imported to account for the additional excavation. All quantities were verified by ProSource using landfill weight tickets, with payment based on the unit prices as per Frattalone's Bid Schedule in their Contract with the City. Please feel free to call me at (763) 786-1445 if you have any questions or comments regarding the information presented above. Thank you for your time and consideration. Sincerely, Pro Source Technologies, Inc. James B. Crowl III, P.G. Project Manager/Hydrogeologist Environmental - Right of Way - Engineering " ?~ Atr~ l'tfllyor: Gary L. fd.enon C01ndJmemben: Bruce Nawrocki Bobby Wi1liams Tamm.era Ericson Broce Kdzenberg citY M..lger: Walter R. fehst ~ l q;);)C; J 'VV 'CITY OF COLUMBIA HEIGHTS 59040tb Avenue N.E.. Columbia Heights. MN 55421-387& (163) 706-3600TDD (163) 706-3692 Visit Our W~bsite at: ....""w.ci.columbia.heights.mn.lls COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT April 18, 2005 Jim Wutzke, Project Manager Frattalone Companies, Inc. 3205 Spruce Street St. Paul, MN 55110 RE: Columbia Heights Business Center Redevelopment Change Order #1 and #2 Please find enclosed an executed change order #1 for the removal and disposal of the exterior ACM windows on the Honeywell building. The change order description outlines Enviro Tech proposal for removal in the amount of$10,500 with an additional 10% mark up for the contractor in the amount of $1 ,050, for a total change order value of 511,550. Change order #2 addresses the removal of Category n, non-friable asbestos c.omponents within the electrical and mechanical switch gear, bus duct and systems exterior windows. Per change order #2 the subcontractor Enviro Tech, proposes 56,500 to complete this additional work. As you may recall in an earlier discussion, I had requested that Enviro Tech submit their ubill out" rate for the personnel involved, as well as the hours to complete this task. Enviro Tech was to provide time sheets related to their work on this change order and would be paid based on their time sheets submitted. Please have Enviro Tech forward this requested documentation so we may process change order #2 in a timely manner. Sincerely, ~ ~ nmacba ~:~t~ager cc: Robert Streetar, Community Development Director Industrial Park File H:'oJnduslrial Parlc1QOS',Fratblollc U:r 4-14.05 : THE: CITY OF COLUNBJ A ~EJGI-lTS DOES NOT OISCRIMINA TE 0"1 Tl-fE BASIS OF OISABILIT Y IN EMPLOYMENT OR THE: PRO....ISlON OF SERVICES EQUAL oPPORTUNITY EMF'l..OVER .; rattalone I E S · f.xcavatlng . Grading . Utilities . Demolition · Environmental · Custom Crushing SUBCONTRACTOR CHANGE ORDER To: Randy Schumacher City of Columbia Heights 590 40th Ave NE Columbia Heights MN 55421 Project: FCI Job #: CO Number: Date: Col Hgts Business Center 9220 {JW} 1 2-14-2005 CONTRACT CHANGE ORDER DESCRIPTION Add to contract to remove exterior windows that contain friable asbestos caulking per the Envirotech proposal (copy of invoice attached) pfus 10% marKup on subcontractor. Envirotech Proposal . . 10% markup on subcontractor $10,500.00 $1.050.00 $11,550.00 Value of Change Order CONTRACT RECAP Original Contract Amount Previous Change Orders/Extras Adjusted Contract Amount Current Change Order Revised Contract Amount $694,862.00 $0.00 $694,662.00 $11,550.00 $706,212.00 . Frattalone Companies, Inc. City of Cofumbia Heights Accepted By: Date Ign both copies of the Change Order and return one ful retain the other copy for your flies. 3205 Spruce Street . St. Paul, MN 55117 . Phone 65 t .484.0448 . Fax 651.484.7839 www.frtJttalonecompanies.com ~-'ENVIRfe'CH qd.~D REhfEOIATIOH SERUICES, INC. Contract Invoice Invoice#: 2914 Date: 02108/2005 Billed To: Frattalone Excavating 3205 Spruce St. St. Paul MN 55117 Project: Columbia Heights Demo-windows 550 39th Ave. N.E. Columbia Heights MN 55421 DUQ Date: 03/10/2005 TeRns: 300'1' Ortlad! Description Amount Removal & disposal of the exterior ACM windows 10,500.00 A S9f11ice charge of 18.00% per annum will be charged on a/I amounts overdue on regular statement dates. Thank you for YOllr prompt payment! Non-Taxable Amount: Taxable Amount: Sares Tax: 10.500.00 0.00 {l.OO Amount Due 1D,500.00 ; 3000 84th Lane tel: 163-746-0670 N.E. ~ Blaine, Minnesota · 55449-7214 fax: 763.785-9020 www.en,'irotecbrs.com ., COLUMBIA HEIGHTS BUSINESS CENTER ADDmONAL WORKf UNDERGROUND STORAGE TANK REMOVAL SUMP REMOVAL AND HAZARDOUS WASTE DISPOSAL 101000 GALLON UNDERGROUND STORAGE TANK REMOVAL - wori\ performed : removal and disposal of underground storage tank work dates 414105 through 4101105 41412005 expose tank and pump contents $ 435.00 330 cat hoe with bucket 3 hrs @ $ 145.00 4I6J2005 pulled tank $ tank supervisor 435.00 330 cat hoe with bucket 3 hrs @ 3 hra @ 4"12005 backfilled tank hole with onstte material $ 362.50 330 cat hoe with bucket TANK REMOVAL 1NV000ES $ 76.95 JASON'S Dry ~ $ 5,554.00 tank portion of determan invoice $ 10.79 safes tax on deteJman invoice $ 555.40 markup on subcontractor 2.5 hra @ 11S@ 11s@ 10% $ 7,429.64 Underground storage tank removal COHCRETESUMPREMOVAL 4f4J2005 expose concrete sump $ 145.00 330 cat hoe with bucket 1 hrs @ 4I6l2OO5 dig concrete sump $ . 145.00 330 cat hoe with bucket 1 hrs @ CONCRETE SUMP REMOVAL INVOICES $ 7,307.49 sump portion of detennan invoice $ 13.95 sales tax on detennan invoice $ 730.75 markup on subcontractor 11s@ 6.50% 10% $ 8,342.19 Sump Removal $ 80.00 $ 145.00 $ 145.00 $ 76.95 $ 5,554.00 $ 145.00 $ 145.00 $ 7,307.49 ]a PH(]IIE: '783.1571.8110 FAX: '789.571.1'78& NV:'" 9109 5 25 05 _ SOLD 10_-110205 ~~,,!.\,., . FRATTALONE COMPANIES, n~"t1;' . 3205 SPRUCE ST " . SHIP TO: ICOLUMBIA HEIGHTS' BUSINESS CTR 550 39TH AVE NE ST PAUL MN 55117 . COLUMBIA HEIGHTS MN Hl19 iiAD:R. Gallons 8ao.oo $0.00 $1.00 ~s~ ~8ao.OO LJ:gcm SLUDGlB xn:s1i'OSAI. .....~~...~.:-)/'9~~:..: . . Gallons 100.00 ;~::~..~:~~.ik~i~J > :~_. .... '~""""'" :Q-v~O....1 : -;;? . ... ~r.:~ '':' .:' Gallons 2/722.00 \1' "C;:G:, (N.' <.," '-.. ~4M.~.L~-r~~' . - Gallons 36.00 $4.00 .$4.00 ~~~ $400.00 H123 H125 $1.00 $1. 00 (). sf $2,722.00 F1lEL on. IUSPOSAL HIZ8 SOI.J:O !lI.IJl:IG& DISPOSAL $7.00 $7.00 ~~~ $252.00 H131 a:AZ'ID.S'lX I)tSFOUoL PER i 5,889.00 $0.00 $0.96 5"-") e... '~5, 653.44 U~....~~~E~MENT I~C.l.~.D..ES ...._.._.S~~~.~~Y:...TE.R.~..~...e..~.!J....~.Q.NDIT.!.DNS PR.I~T.~~...oN THE BACK DF THIS FORM A . IMPDRTIIIIT I}ETIICH AND RETlIR!l WITH PAYIIIEIIT & CUSTOMER NAME CU~TDMER 110. INYOICE Nll- INYOICE DAlI: INVIHCE AMOUNT f'A"'fl1[t1~S OllL'{ 10' DETERMAN BROWNIE, INC. 142 . P.O. Box 1575 MINNEAPOLIS, MN 554&0-1575 ~ .. ; )a PHONE: 788.1571.8110 fAX: 783.1571.1788 SOLD TEl: 110205 FRATTALONE COMPANIES, INC 3205 SPRUCE ST SHIP TO: I - COLUMBIA HEIGHTS BUSINESS CTR 550 39TH AVE NE ST PAUL MN 55117 COLUMBIA HEIGHTS MN St...n...,,') 1136 EACH 1. 00 $0.00 $377.8(} $377.80 ~ I !".,~ .r- U6S iEACH 1. 00 $0.00' , $350.00 I $350.00 UIOOO GAL ~ DISPOSAL I i i r <' ~(.. I': 1624 Hour 11. 00 $75.00 $75.00 -' $825.00 iOCMlIU.Y LABOft lIA'r.!: 10 /11'.; #V'i L:iJ... , C/.". "',l ".J..i~ ...;.:! [626 Hour 14.75 $95.00 - $95.00 - ~1,4a1.25 jp 21)0Cl GlU. VAClJaol 'I.'KIX:!C i'tn!Ji'J:D ANO DJ:Sl'CISlW OF otnl 10,000 SAIJ.C!ll ~. WA'D:II., ~ 0:0:. AND S AGREEMENT INCLUDES THE SUMMARY TERMS ANn CONDfTIONS PRINTED ON THE BACK OF THIS FORM . ...-..............-......... .... .'-_. ..........-- ......._........_..._u............._......_...._.............. .. ....... ......_.... ... ...._............... .... .... ....... ... .... ......._........_.. " ....... n. ._._. . . ." ..__..... ._.._. _..' .... _. . .... . .. IlIIPDRTAIIT DETACH AICD RETUlIN WITH PAYJlEIIT .6. CUSTOMER lAME FRATTALONg COMPANIES, INC CUSTOMER NO. 10205 IIIYDICE NO. INV-269109 INvorCE DATE 5/25/05 UlYOICE AMQUNT $12,886.05 ~-~~-- PP-'fr.mJlS O~lL~' 1(1: DETERMAN BROWNIE, INC. '42 . P.O. .OX 1575 MINNEAPOLIS. MN 55480-1575 ~ [rV~R I NUMBER BNew Vendor Address Change CITY OF COLUMBIA HEIGHTS PAYMENT VOUCHER PAY TO: Frattalone Companies Inc. 3205 Spruce Street St. Paul, MN 55117 FED. ID/SSN: Check will be mailed. Staple remittance to right hand corner. FIXED ASSET SHEET El Received Hold Check CHECK AMOUNT: $143,199.15 .. ... FI FUND DEPT OBJ INV# P.O. # P DESCRIPTION (24 characters) AMOUNT 420 46390 3050 10032005 Contr1793 Unit fncrse/Chg Ord Ph I $143,199.15 . .- certify that the above listed merchandise or service las received and e amount charged is correct: CITY MANAGER (IF APPLICABLE) DATE FI :UND DEPT OBJ INV# P.O. # P DESCRIPTION (24 characters) AMOUNT .- FOR FINANCE DEPARTMENT USE EPARED BY: REVIEWED BY' . ~1\1.,...,...n,...""" M\.r_ From: To: Date: Subject: "Jim Crowl" <jcrowl@prosourcetech.com> <cher.bakken@ci.columbia-heights.rnn.us> 10/21/20051:09:33 PM FW: Follow Up Chert I did see the revised version you faxed over on Wednesday...Iooks like Frattalone did in fact make the name change to the document as I had referenced in the e-mail below. Dollar amount is the same so you should be good to go...consider this approval. Thanks and have a great weekend! Jim From: Jim Crowl Sent: Tuesday, October 18, 2005 4:16 PM To: 'cher.bakken@ci.columbia-heights.mn.us' Cc: 'Randy Schumacher' Subject FW: Follow Up Cher, I received your fax regarding Frattalone's Pay Request No.8. I'm forwarding a copy of the e-mail I sent over to Anita at Frattalone yesterday. The document she sent you is correct and has been approved by me. The only thing I question is whether it is ok to be called "Pay Request No.8" or "Unit Increase and Change Order NO.1" as we had been calling it. That is entirely up to Randy and/or the accounting folks. If it doesn't make a difference, process it...if it does, please tell Anita to rename it. Most importantly, we can finally put a fork in this damed invoice!!! Thanks and have a good night! Jim From: Jim Crowl Sent Monday, October 17, 2005 3:30 PM To: 'anitae@frattalonecompanies.com' Cc: 'jimw@frattalonecompanies.com'; 'randy. schumacher@ci.columbia-heights.mn.us' Subject: Follow Up .' Anita, Hope you had a good weekend. Wanted to follow up on Unit Increase and Change Order NO.1. Have you sent over a clean copy (in the amount of $143,199.15) to the City yet? I know they have a faxed copy. but they UCIODer;l, Z005. "Unit Increase and Change Order No.1" NAME: Columbia Heights Business Center Fel JOB If 9220/JW City of Columbia Heights 5aO 40th Avenue NE Columbia Heights MN 55421 Frattalone Companies, Inc. 3205 Spruce Street - S1. Pa!JI, MN 55110 Phone: 651-484-0448 Fax: 651-484-7839 . I I CONTRACT I 10 I DESCRIPTION I QUANTITY I I EARTHWORK I I I . Mobilization/Demobilization I 1.00 I I Abatement and/or removal of Restricted/Hazardous Materials (1) I 1.00 I I Building Demolition (2) I 1.00 I I Removal of Bituminous/Concrete Pavement (3) I 287,550.00 I I UST Removal I I 1.00 I I Excavation of Foundry Waste I 11,500.00 I Hauling of Foundry Waste I 11,500.00 I Disposal of Foundry Waste I 14,950.00 I Excavation of Impacted Soil (Non-hazardous) I I Hauling of Impacted Soil (Non-hazardous) I I Disposal of Impacted Soil (Non-hazardous) I I Excavation of Impacted Soil (Hazardous) I I Hauling of Impacted Soil (Hazardous) I Disposal of Impacted Soil (Hazardous) I Hauling and Placement of Off-site Backfill I 11,500.00 Interim Grading I 1.00 I SUBTOTAL. ORIGINAL CONTRACT AMOUNT I I CHANGE ORDERS I EXTRA WORK I I CO pending - asbestos windows I 1.00 10,000 gallon underground storage tank removal I 1.00 concrete sump & hazardous materials disposal I 1.00 Excavation of Impacted Soil (Non-hazardous) I Hauling of Impacted Soil (Non-hazardous) I Disposal of Impacted Soil (Non-hazardous) I Hauling and Placement of Off-site Bacldill I Remove & Dispose of lead Impacted Hazardous Soil I Backfill hole w17834 CY Onsite male rials by Bldg #28 I SUBTOTAL. CHANGE ORDERS I EXTRA WORK I I ADJUSTED CONTRACT AMOUNT I CONTRACT AMOUNT TO DATE 721,983.83 TOTAL COMPLETED TO DATE 1,322,018.41 LESS PREVIOUS APPUCA TIONS 1,176,619.26 CURRENT AMOUNT DUE THIS APPLICATION 143,199.15 PREVIOUS QUANTITY 0.50 1.00 1.00 287,550.00 0.00 23,537.83 23,537.83 30,599.18 o o o O. o I 01 11,500.00 I 0.00 I I I I I I 1.00 I 1.00 I 1.00 I 7,227.70 1 7.,227.70 I 9,396.01 I 5,077.69 I 0.001 0.00 I I I I QUANTITY \ THIS PERIOO 0.50 0.00 0.00 0.00 0.00 3,793.70 3,793.70 4,931.19 O. 01 01 01 01 01 0.00 I 1.00 I I I 1 I I 0.00 I 0.00 I 0.00 I 607.05 I 607.05 I . 788.26 I 607.05 I 1.00 I 1.00 I I I I QUANTITY I TO DATE I I 1.00 I 1.00 I 1.00 I 267,550.00 1 0.00 I 27,331.531 27,331.53 I 35,530.37 I 01 o o o o , 0 : 11,500.00 1.00 1.00. 1.00 I 1.00 I 7,834.75 I 7,834.75 I 10,184.27 I 5,684.74 I 1.00 I 1.00 I I I I CONTRACT I AMOUNT I 1 39,000.00 I 113,000.00 I '218,000.00 1 40,257.00 I 300.00 I 18,055.00 1 102,580.00 I 82,225.00 1 0.00 I 0.00 I 0.00 J 0.00 0.00 0.00 76,245.00 5,000.00 694,662.00 11,550.00 7,429.64' 8,342.19 0.001 0.00 I . 0.00 I I I I I 27,321.831 I 721,983.83 THIS PERIOD I I I 19,500.00 I 0.00 I 0.00 I 0.00 I 0.00 I 5,956.11 I 33,839.80 I 27,121.551 0.00 I 0.00 I 0.00 J 0.00 I 0.00 I 0.00 I 0.00 I 5,000.00 I J 91,417.46 I I I 1 0.00 I 0.00 I 0.00 I 3,035.25 I 7,284.60 J 9,459.12 I 4,024.74 I 12,410.48 I 15,567.50 I I 51,781.69 I I: 143,199.15 APPLICATION AND CERTIFICATE FOR PAYMENT AlA DOCUMENT G702 TO OWNER: City 01 Columbia Heights 590 40th Avenue NE Columbia Heights MN 55421 FROM CONTRACTOR: Frallalone Com,panles. Inc. 3205 Spruce Street St. Paul. Minnesota 55117 CONTRACT FOR: PAGE ONE OF PAGES PROJECT: Columbia Heights Buslnes& Canter APPLICATION NO: 8 DislIibuUon to: OWNER 09/25105 ARCHITECT CONTRACTOR PERIOD TO: VIA ARCHITECT: PROJECT NOS.: FCI. 9220 JW CONTRACTOR'S APPLICATION FOR PAYMENT CONTRACT DATE: 894.662.00 The undersi9ned Contractor certifies that to the best 01 the Contracto~s knowledge. inlor- maUon and belielthe Work covered by this ApplicaUon lor Payment has been completed In accordance with tha Contract Documents. thai eU amounts have been paid by the Contractor lor Wor1llor which previous Certificates lor Payment were Issued and pay- ments received Irom the Owner, and that currenl paymenls shown herein Is now due. 1. ORIGiNAl CONTRACT SUM. '" ..............$ AppUcaUon Is made lor payment. al shown below. in connecUon with the Contract. Continuation Sheet. AlA Document G703. Is attached. 2. Nat Chang a By Chang a Orda,... . . . . . . . . . . . . . . .$ 3. CONTRACT SUM TO DATE (Line 1+/- 2). . . . . . . .$ 4. TOTAL COMPLETED & STORED TO DATE... .. .$ (ColwM G on G703) Ii. RETAlNAGE: a. 0% 01 Complated Work $!U!Q (Columna 0 + E on G703) b. 01 Stored Material $!U!Q (ColwM F on G703) Total Relalnage (Una 501 + 5b or Total In ColUIM I 01 G703). .. . .. .. . . . . . . .. . . . . . .$ II. TOTAL EARNED LESS RETAlNAGE.. . . . . . . . . . . . . .$ (Llna .. IeSI line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 1I1rom prior CertifICate). .. . . .. .. .. . . . . . . . . . . .$ 8. CURRENT PAYMENT DUE.......... ............ $ II. BAlANCE TO FINISH, INCLUDING RETAlNAGE (Una 3 IeSI line 6) CHANGE ORDER SUMMARY Total change I approved In prevloUI month. by Owner Total approved tills Month TOTALS NET CHANGES by Change Order 627.358.41 1.322,018.41 By: Date: ~ ~~""~HIIIIII -~ ;, ? ANITAM.ELSNER t~~.i~ NOTARY PUfIUC.MHNfS()lTA .~ "'yCommission~.IIn.31. 201" JI ft J ~ir~= i i i i ~ 1,322,018.41 ARCHITECT'S CERTIFICATE FOR PAYMENT QJ!Q In accordance with the Contract Documents, based on on-sHe observaUons and the data comprising this appliceUon, the ConslrucUon Manager and Architect certify to tha Owner that 10 the best 01 their knOWledge, InforrnaUon and belielthe Work has progressed as Indicated. the quality 01 the Work Is In accordance with tha Contract Documents, and Ule Contractor Is enUUed to payment 01 the AMOUNT CERTIFIED. L322.018.41 1.178819.211 AMOUNT CERTIFIED. . . . . . . . . . . . . . .$ 143.199.15 $ (Attach explanation (( amount certifiad diffars from tha amount applied for. Initial all figures on this Application and on the Conlinuation Sheel that changed /0 conform 10 the amount certified.) . !U!Q ADDITIONS DEDUCTIONS ARCHITECT: $11,550.00 $615.606.41 $627 35641 $0.00 $827,356.41 By: Date: Thi. Certificate I. nol negoUable. The AMOUNT CERTIFIED II payable only 10 the Con- traclor named herein. Issuance, payment and acceptanca 01 paymant ara without prejudlcato any ri9ht. of Owner or Contractor under thl. Contract. ThI. I. FflllIaJone Companlas, Inc.'. veralon 01 AlA G702 APpllcalion and CertificaUon lor Paymenl1992 EdlUon CITY COUNCIL LETTER Meeting of: November 14, 2005 AGENDA SECTION: NO: 5-A-\\ ORIGINATING DEPT.: License Department BY: Shelley Hanson 0\1. DATE: Nov. 10,2005 CITY MANAGER APPROVAL DATE:k4'~ ITEM: License Agenda NO: BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 14, 2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005 . Also included on the agenda are the renewals for calendar year 2006 that have been received and approved to date. These include renewals for Cigarette Sales, Off Sale Beer, On/Off Sale Beer, Wine/Beer, Liquor, Club Liquor, Temp Beer, Fuel Dispensing Devices, Pool Hall, Secondhand Dealers, Motor Vehicle Rental, Motor Vehicle Sales, Courtesy Benches, and Games of Skill . At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied Application. This means that the data privacy fonn 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 November 14,2005 as presented regarding the new licenses for 2005 and the renewals for 2006. COUNCIL ACTION: P.100 TO CITY COUNCIL November 14, 2005 * Signed Waiver Form Accompanied Application BLDG POL, FIRE, BLDG, ZA . POL,F, BLDG, ZA POLICE POLICE 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES *Yours by Design Htg * Genz-Ryan *Koehler Plumbing *Metro Sheet Metal *DaSaJI Contracting *Patton Heating *Hagberg Excav. *White BeaT Mech. *Spiess Plumbing *McGuire Mechanical *Morcon Construction 1061109th Ave NE #101, Blaine 14745 S. Robert Tr, Rosemount 1029 Scott Rd, Hudson 3260 Fanum Rd, St. Paul 24245 Natchez Ave, Lakeville 25809 Virgo St NE, Stacy 34497 Nacre St NW, Princeton 2379 Leibel St, White Bear Lk 493 Bear Ave So, Vadnais Hts 20830 Holt Ave, Lakeville 5905 Golden Valley Rd, Golden V. ****LICENSES FOR 2006**** OFF SALE BEER *Speedway Superame1ica 5000 Central Ave NE *Twin Cities Avanit/Oasis 4001 University Ave *Totem Foods 4635 Central Ave ON/OFF SALE BEER *Dick's Place 547 40th Avenue NE GAMES OF SKILL * American Amusement Arcades 2100 96th St W, Mpls For StaT Bar and Mady's * Theis en Vending 3800 Nicollet Ave So, Mpls For LaCasita, Family $, Laundry World *Jinlmy's Pro Billiards 4040 Central Ave *Metro Coin ofMN 6506 Promontory Dr, Ed Pr For Star Bar, VFW, Delmys POOL HALL *Jimmy's Pro Billiards 4040 Central Ave P.10l $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $150.00 $150.00 $150.00 $550.00 $390.00 $150.00 $465.00 $ 90.00 $100.00 ZA ZA FIRE PW POL, F,BLDG,ZA POL, F, BLDG,ZA POL,FIRE,BLDG,ZA POLICE POL, F, BLDG, ZA MOTOR VEHICLE SALES *David's Auto 573 40th Ave MOTOR VEHICLE RENTAL *Columbia Hts. Rental 3901 Central Ave FUEL DISPENSING DEVICES *Twin Cities Avanti-Oasis Mkt *Columbia Hts Rental *University Auto *Jeffs, Bobby & Steve's 4001 University Ave 3901 Central Ave 5057 University Ave 3701 Central Ave COURTESY BENCHES *US Bench Corp various locations, LIQUOR LICENSE *Buffalo Wild Wings 4811 Central Ave CLUB LIQUOR *Col. Hts. Lions Club *Col. Hts. Lions Club- for Jamboree June 21-25 . June 24, 2006 *VFW #230 WIl'"ffi/BEER *Udupi Cafe CIGARETTE SALES * Speedway Superamerica *Sama's Tobacco Stores *Totem Foods *One Stop Market LLC SECOND HAND DEALER *Sa1vation Anny *TVI dba Savers *Hollywood Video/Game Crazy *Nash Sales dba Unique Thrift P.I02 '.. ;1 530 Mill Street TEMP BEER Huset Park and Murzyn Hall Pkg Lot 4446 Central Ave 4920 Central Ave 5000 Central Ave 4329 Central Ave 4635 Central Ave 2325 3 ih Place 3929 Central Ave 4849 Central Ave 4849 Central Ave 2201 3ih Ave $300 $50.00 $200.00 $50.00 $80.00 $160.00 $450.00 $8,200 $300.00 $500.00 $500.00 $2400 $300 $300 $300 $300 $100.00 $100.00 $100.00 $100.00 .5-A- ~J.. CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: NOV. )~II 2D05 STATE OF MINNESOTA COUNTYOFANOKA CITY 9F COLUl\1BIA P~IGHTS Motion to approve payment of bills out of the proper funds, as listed.in the attached check register covering Check Number . I.llt 14 3 . through JJ ~ 00 :2 in the amount of$ I i ~ ~ 1 J ~21 .01.... These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P.103 ACS FINANCIAL SYSTEM 11/10/2005 14:51:42 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * 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. ......11/14/05 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date.;................ Source Codes................ Journal Entry Dates......... Journal Entry Ids... ........ Check Number..... . .. ........ proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order........ ...... Bank....................... . Voucher .................... Released Date............... Cleared Date................ thru thru thru thru 114743 thru 115002 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 11/10/2005 14 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR Check History 11/14/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ACE ICE COMPANY AMERICAN BOTTLING COMPAN ANCOM COMMUNICATIONS INC BELLBOY CORPORATION BRADLEY REAL ESTATES INC CHISAGO LAKES DISTRIBUTI CLARK PRODUCTS INC COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I CREATIVE FORMS & CONCEPT DAY DISTRIBUTING CO DEEP ROCK WATER COMPANY EAST SIDE BEVERAGE CO ESCHELON EXTREME BEVERAGE FARNER-BOCKEN FETZER/KELLY FIDELITY SERVICES INC FOURNIER/JOEL GENUINE PARTS/NAPA AUTO GORMAN/GARY GRAPE BEGINNINGS INC GRASS IE/DAVID GRIGGS-COOPER & CO HANSEN/KEVIN LARKIN/JOHN LARSON/JESSICA LIBBY/JO ELLEN MOELLER/KAREN NEEDHAM DISTRIBUTING CO NEW FRANCE WINE COMPANY NEXT DAY GOURMET OFFICE DEPOT PARALLEL TECHNOLOGIES PEPIN, LAWRENCE PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS TDS METRO COM UNIVERSITY OF MINNESOTA VERIZON - ATTN: PREPAY D WEBBER/SANDY WELLS FARGO BANK WIGGINS/WES WINE COMPANY/THE WORLD CLASS WINE 114743 114744 114745 114746 114747 114748 114749 114750 114751 114752 114753 114754 114755 114756 114757 114758 114759 114760 114761 114762 114763 114764 114765 114766 114767 114768 114769 114770 114771 114772 114773 114774 114775 114776 114777 114778 114779 114780 114781 114782 114783 114784 114785 114786 114787 114788 114789 808.59 337.56 517.58 18,545.05 2,030.86 1,223.60 102.83 1,243.95 5,541.33 282.50 150.00 217.75 17,555.70 153.84 320.00 8,710.00 150.00 4,884.61 262.14 49.42 57.79 815.50 222.08 22,196.25 89.48 5.98 233.27 121.09 67.70 714.25 776.00 43.45 20.34 3,252.94 70.00 196.44 239.35 10,598.65 181.95 588.71 70.00 60.00 227.52 8,419.08 25.00 397.75 369.00 ACS FINANCIAL SYSTEM 11/10/2005 14 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 11/14/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT (N S P) XCEL ENERGY ZEMKE/ANN ACE ICE COMPANY ANDERSON/JOAN BELLBOY CORPORATION CLASSIC CATERING COCA-COLA BOTTLING MIDWE DAKOTA WILD ANIMALS DEX MEDIA EAST LLC EBERLEIN/CATHLEEN FARNER-BOCKEN FSH COMMUNICATIONS, LLC G & K SERVICES GOVERNMENT FINANCE OFFIC GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. JOSEPH, AMBER KIWI KAI IMPORTS KUETHER DIST. CO. MEDICINE LAKE TOURS MINNESOTA MAYORS ASSOCIA MINNESOTA PUBLIC WORKS A MINNESOTA YOUTH ATHLETIC MN CHIEFS OF POLICE ASSO OFFICE DEPOT OSTEBO/RUTH PETTY CASH - LIZ BRAY PLAYS MAGAZINE VERIZON WIRELESS WINDSCHITL/KEITH CHISAGO LAKES DISTRIBUTI EDAM ENGEL/ARLENE FARNER-BOCKEN FIRST STUDENT INC FSH COMMUNICATIONS, LLC G & K SERVICES GOFF/AARON GORMAN/GARY GRANT/TRACEY GRIGGS-COOPER & CO HARKNESS/LEATA HOHENSTEINS INC HOLMES/CAROLE KANTOR/ROSE KIWI KAI IMPORTS 114790 114791 114792 114793 114794 114795 114796 114797 114798 114799 114800 114801 114802 114803 114804 114805 114806 114807 114808 114809 114810 114811 114812 114813 114814 114815 114816 114817 114818 114819 114820 114821 114822 114823 114824 114825 114826 114827 114828 114829 114830 114831 114832 114833 114834 114835 114836 25,428.56 150.00 188.32 250.00 150.80 300.00 835.10 135.00 164.86 177.47 1,393.46 58.58 108.81 145.00 11,722.11 1,154.67 39,885.55 88.32 2,225.95 514.00 2,552.00 20.00 199.00 2,125.00 110.00 39.80 250.00 79.51 39.00 31. 92 28.95 3,877.79 50.00 60.00 1,670.53 729.97 58.58 68.86 50.00 212.99 60.00 12,038.73 69.14 7,274.70 55.00 55.00 1,073.25 ACS FINANCIAL SYSTEM 11/10/2005 14 BANK VENDOR Check History 11/14/05 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT KRUSE/PAUL KUETHER DIST. CO. LAKE SUPERIOR COLLEGE MARK VII DIST. METROCALL - ATT MESSAGIN O'LEARY/MICHELLE PALKOWSKI/JANICE PETERSON/MILDRED PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PHILLIPS WINE & SPIRITS POSTAGE BY PHONE RESERVE QUALITY WINE & SPIRITS SCIENCE MUSEUM OF MN SCOVILLE/CATHY SHINNICK/MARTHA SPECIALTY WINES & BEVERA UNDERWOOD/MACK VEDI/SUSHMA VERIZON WIRELESS WAL-MART WALKER/ANTHONY WINE MERCHANTS A BETTER FILTER SERVICE ABLE HOSE & RUBBER INC ABM EQUIPMENT ACE HARDWARE ACE SUPPLY COMPANY INC ACS ALLIED WASTE SERVICES AMERICAN WATER WORKS ASS AMERIPRIDE ANOKA COUNTY PROPERTY RE ANOKA COUNTY SHERIFFS DE ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNES & NOBLE INC BAUER BUILT TIRE & BATTE BIFF'S,INC. BITUMINOUS ROADWAYS, INC BLACKBURN MANUTA COMPANY BLOWERS/CAROLE BOOK WHOLESALERS INC BOUND TREE MEDICAL LLC BRODART 114837 114838 114839 114840 114841 114842 114843 114844 114845 114846 114847 114848 114849 114850 114851 114852 114853 114854 114855 114856 114857 114858 114859 114860 114861 114862 114863 114864 114865 114866 114867 114868 114869 114870 114871 114872 114873 114874 114875 114876 114877 114878 114879 114880 114881 114882 114883 AMOUNT 60.00 6,051.20 100.00 1,007.05 27.22 95.00 81.74 45.00 13 7.59 61. 49 8,807.90 6,000.00 42,829.26 169.00 85.00 238.17 1,916.50 82.30 330.83 44.15 200.00 223.69 853.75 71. 90 42.34 85,242.60 45.19 230.32 257.13 485.40 140.00 144.02 600.00 276.90 1,259.03 500.16 5,401.21 14.96 25.56 24.64 504.87 67.63 305.08 47.33 109.57 209.54 524.09 ACS FINANCIAL SYSTEM 11/10/2005 14 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK VENDOR Check History 11/14/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BRYAN ROCK PRODUCTS, INC BUETOW AND ASSOCIATES IN CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CENTER POINT ENERGY CINTAS FIRST AID-SAFETY CITY WIDE LOCKSMITHING CLARK PRODUCTS INC COLLEGIATE PACIFIC COLUMBIA HGTS-FRIDLEY KI COMMERCIAL STEAM TEAM COORDINATED BUSINESS SYS CRYSTEEL DISTRIBUTING DAHLGREN SHARD LOW & UBAN DANKA OFFICE IMAGING DATA STORAGE SYSTEMS, IN DAVIES WATER EQUIPMENT C DEEP ROCK WATER COMPANY DEMCO, INC. DISCOUNT STEEL INC DOUGS TV & APPLIANCE DOYLE LOCK SUPPLY DU ALL SERVICE CONTRACTO EBERT CONSTRUCTION EBSCO PUBLISHING EDUCATIONAL DIRECTORIES EGAN OIL COMPANY EMERGENCY AUTOMOTIVE TEC FACTS ON FILE FIDELITY SERVICES INC FLEX COMPENSATION, INC FRATTALONE COMPANIES INC FRIDLEY-COLUMBIA HEIGHTS G & K SERVICES GALE GROUP/THE GASB ORDER DEPT GAYLORD BROS GENUINE PARTS/NAPA AUTO GI S RANGERS GOODIN CO. GRAFIX SHOPPE GROUNDS MAINTENANCE SERV HEIGHTS BAKERY HEIGHTS ELECTRIC INC. HENNEPIN CHIEF'S ASSOCIA HOME DEPOT #2802 HONEYWELL INC 114884 114885 114886 114887 114888 114889 114890 114891 114892 114893 114894 114895 114896 114897 114898 114899 114900 114901 114902 114903 114904 114905 114906 114907 114908 114909 114910 114911 114912 114913 114914 114915 114916 114917 114918 114919 114920 114921 114922 114923 114924 114925 114926 114927 114928 114929 114930 527.77 1,276.34 1,700.00 502.30 182.56 74.11 18.20 261.93 839.96 1,107.35 199.69 1,180.33 99.20 2,621. 50 43.48 7,589.20 370.85 60.55 238.32 15.41 48.97 19.58 233.14 27,540.00 2,947.74 99.00 13,168.51 81.88 213.95 4,884.61 178.50 466,297.61 1,107.35 711.01 1,335.09 305.00 19.13 683.42 5,710.52 101. 33 760.00 1,246.05 14.40 348.30 100.00 51. 43 18,861.25 ACS FINANCIAL SYSTEM 11/10/2005 14 Check History 11/14/05 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 BANK VENDOR BANK CHECKING ACCOUNT HOUCHEN BINDERY LTD HUDSON MAPS ICMA PRODUCT FULFILLMENT INSTRUMENTAL RESEARCH IN INTEGRATED LOSS CONTROL INTERSTATE POWERSYSTEMS IPC PRINTING JINDRA/PATRICIA K & S ENGRAVING KENNEDY & GRAVEN LAKES GAS CO LAW ENFORCEMENT TARGETS LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS LHB, INC MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F METRO EMERGENCY MANAGER' METROPOLITAN COUNCIL WAS MID CITY MECHANICAL MIDWAY FORD MIDWEST ASPHALT CO. MIDWEST OVERHEAD CRANE MINNEAPOLIS OXYGEN CO. MINNESOTA COUNTY ATTORNE MN DEPARTMENT OF PUBLIC MN DEPT OF ADMINISTRATIO MN POLLUTION CONTROL AGE MPLS ST PAUL MAGAZINE MTI DISTRIBUTING NOAA NATIONAL DATA CENTE NORTH STAR INTL TRUCK IN O'GARA/ANDREW OFFICE DEPOT OMNIGRAPHICS, INC ONE-CALL CONCEPT-GOPHER ORKIN PARALLEL TECHNOLOGIES PC SOLUTIONS PERSONAL DECISIONS INTER PETE'S WATER & SEWER INC PETTY CASH - REBECCA LOA PREMIUM WATERS INC PRO-PAC PROSOURCE TECHNOLOGIES I QUALITY RESTORATION SERV QUICKSILVER EXPRESS COUR 114931 114932 114933 114934 114935 114936 114937 114938 114939 114940 114941 114942 114943 114944 114945 114946 114947 114948 114949 114950 114951 114952 114953 114954 114955 114956 114957 114958 114959 114960 114961 114962 114963 114964 114965 114966 114967 114968 114969 114970 114971 114972 114973 114974 114975 114976 114977 AMOUNT 253.35 218.76 95.45 604.00 319.00 3,762.29 77.51 35.00 7.14 4,278.97 195.00 196.56 11,662.00 41,560.75 2,400.12 450.00 482.14 75.00 64,197.88 2,250.00 92.55 1,665.64 80.44 82.27 1,203.98 90.00 37.00 3,000.00 22.95 538.75 34.00 598.24 245.76 669.63 173.00 377.70 59.83 3,952.22 4,400.00 738.97 26,320.00 44.63 15.44 1,245.60 86,922.82 2,012.89 13.47 ACS FINANCIAL SYSTEM 11/10/2005 14 Check History 11/14/05 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT QUILL 114978 94.50 R R BOWKER 114979 299.95 SCHINDLER ELEVATOR CORP 114980 235.41 SCHOLASTIC LIBRARY PUBLI 114981 140.40 SHORT ELLIOT HENDRICKSON 114982 24,278.86 STAPLES BUSINESS ADVANTA 114983 319.24 STREICHER'S GUN'S INC/DO 114984 656.12 SUBURBAN AIR 114985 2,600.00 SUN PUBLICATION 114986 381.81 TEE'S PLUS 114987 2,665.66 TESSMAN CO 114988 1,171.50 TOUSLEY FORD 114989 125.00 TRACY PRINTING 114990 103.00 TRUGREEN CHEMLAWN 114991 3,067.89 TWIN CITY TRANSPORT & RE 114992 427.07 UNITED RENTALS 114993 965.77 UNITED SUPPLY CORP 114994 24.02 VANCE BROTHERS 114995 958.50 VECTOR INTERNET SERVICES 114996 150.00 VEIT COMPANY 114997 56,552.50 VERIZON WIRELESS 114998 112.35 WW GRAINGER,INC 114999 178.38 XCEL ENERGY (N S P) 115000 281. 20 ZARNOTH BRUSH WORKS, INC 115001 1,268.95 10,000 LAKES CHAPTER 115002 50.00 1,327,923.07 *** ACS FINANCIAL SYSTEM 11/10/2005 14 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 7 Check History 11/14/05 COUNCIL LISTING CHECK NUMBER AMOUNT 1,327,923.07 RECORDS PRINTED - 001130 ACS FINANCIAL SYSTEM 11/10/2005 14:51:45 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 240 261 265 270 411 415 420 430 432 481 601 602 603 604 609 651 652 653 701 720 881 883 884 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP DARE PROJECT CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT INFRASTRUCTURE FUND CAP EQUIP REPLACE-SEWER ANOKA JLEC:POLICE COMPTR EQP 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 85,012.45 1,786.29 452.32 20,302.71 998.29 1,512.03 2,665.66 28,816.34 364,922.16 282,233.47 600.00 85,242.60 3,676.38 3,512.00 66,074.81 2,059.11 657.71 246,386.81 31,335.15 81.74 2,250.00 29,172.91 16,091.42 839.96 20.46 45,331. 27 5,710.52 178.50 1,327,923.07 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,327,923.07 1,327,923.07 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 14, 2005 AGENDA SECTION: J.A NO: 19. ITEM: 4321 5th Street Hazardous Buildings NO: ORIGINATING DEPARTMENT: Administration BY: Jim Hoeft DATE: November 9, 2005 Background: The property located at 4321 5th Street (PIN: 35-30-24-21-0165) is currently subject to nuisance abatement proceedings. As a paJ.i of those proceedings, the building official inspected the structures located on the subject propeliy to detennine their structural integrity. The Building Official determined that certain structmes on the propeliy are not structurally sound. Please see the Building Official's repoli identified as Exhibit A to the proposed Council Order. Notice has been sent to the property owner that the Council will hold a Public Hearing on November 14,2005 to determine whether the structures aJ."e hazaJ."dous buildings as defined by Minnesota Statute. Pursuant to MN Statute 463.15 et seq if the City Council declares the structures to be hazardous, by Council Order, the City may remove the structures and assess aJ.1Y costs related thereto against the property. Any removal of buildings will require District COUli approval of the Council Order. RecOlmnended Motion: Move to adopt Order concerning hazaJ.'dous buildings on propeliy located at 4321 5th Street described as PIN 35-30-24-21-0165, aJ.ld authorizing the Mayor and City Manager to execute the SaJ.lle. COUNCIL ACTION: P.I04 STATE OF MINNESOTA DISTRICT COURT COill~TY OF ANOKA TENTH JUDICIAL DISTRICT CASE TYPE: 14 - OTHER COURT FILE NO. Order of the City Council of Columbia Heights, Anoka County, Minnesota concerning hazardous buildings on propeliy located at: 4321 5th Street Columbia Heights, Minnesota legally described as: Lots 19, 20 and 21, Block 2, Rearrangement of Block 8 of Columbia Heights AImex to Minneapolis PIN: 35-30-24-21-0165 TO: Harold O. Hoium Pursuant to Milmesota Statutes S463.15, et seq., the City Council of the City of Columbia Heights having duly considered the matter, finds the structures located on the above described property to be hazardous buildings for the reasons set forth herein. The Building Official for the City of Columbia Heights has inspected the above referenced structures. Those inspections revealed that the structmes constitute a hazard to public safety or health in that the propeliy is in an advanced stage of deterioration and the buildings are unsalvageable. The inspection repOlis are attached as Exhibit A and made a part hereof. Pursuant to the foregoing and attached Exhibit A, in accordance with MiIm. Stat. 9463.16, the structures on the above-referenced propeliy shall be razed and removed within thirty (30) days of service of this Order. A motion for summary enforcement of this Order will be made to the AIloka County District Comi unless the action ordered herein is taken within the prescribed time franle or unless an answer is filed within twenty (20) days from the date of service of this Order. P.I05 Moreover, you are advised that if the City of Columbia Heights is compelled to take any action to abate these hazardous conditions, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes as provided in MiIm. Stat. 9463.21. Dated this _ day of ,2005. BY ORDER OF THE CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Walt Fehst, City Manager 304511 1 ~ P.I06 Ex hip itA November 2, 2005 City of Columbia Heights To: Jim Hoeft, City Attomey From: Lawrence Pepin, Building Official Re: 4317 & 4321 5th Street Jim, The fire depaliment has completed the abatement of the propeliy alld stmctures. I have visited the site to malce my assessment of the conditions of the buildings. As detennined eal-lier the garage was classified as lU1stable alld unsafe dUling the abatement. At the time the only safe way to remove the contents was to remove the roof stmcture and demolish the building in the process of removing the contents. Both of the shed stmctures al'e determined to be sound. They have had the contents removed alld have been secured. Both of the residences have been secured alld posted as Do not enter, Ullsafe. I offer the following visual observations and opinions on the struchlres: 4321 5th Street: This stmcture has suffered failure evidences by the deflection ofthe kitchen floor by more than 8 inches. The ceiling has obvious deflection cracks both longitudinally and cross section. This was caused by overloading of the second floor beyond the safe deflection capacities ofthe framing members. The house was Oliginally constmcted using conventional halld fralning methods. The connections and framing members have been compromised due to the overloading conditions. These framing members will not rebOlU1d to provide a safe flooring struchlre. The amoUllt of rodent excrement has penneated the stmchlIe beyond fumigation. The peeling of the paint indicates a moismre problem and most likely mold or other contaminates. 4317 5th Street: TIns structure has suffered failure evidences by the collapse ofthe kitchen floor into the cellal' below. TIns stmchlre has been unsafely overloaded for an extended peliod of time evidenced by the stack of five 100 pound bags of sugar, piles of wood and bricks. The house was Oliginally constmcted using conventional hand fralning methods. The connections alld framing members have been compromised due to the P.I07 overloading conditions. These :liaming members have failed The amount of rodent excrement has penneated the structure beyond fumigation. Under Minnesota Statutes 463.15-26 I will be ordering the repair or removal of the structures. Please prepare the proper documents to allow this to happen. I am not familiar with the necessary documents or cOUli procedures to move this process forward. I am however available for testimony and have pictures of the structures for your review or evidence. We would like to have tIns completed ASAP. If you have any questions please contact me. Thank you for your lead on tIns issue. Peace, LaITY P.lOS (;-..". I Larry Pepin - IMG_0404.JPG Page 11 I Larry Pepin - IMG_0401.JPG Page 1 I I Larry Pepin -IMG_0402.JPG Page 1 I I Larry Pepin - IMG_0403.JPG Page 1 I I Larry Pepin - IMG_0399.JPG Page 1 I I Larry Pepin -IMG_0400.JPG Page 1 I I Larry Pepin ~ IMG_0405.JPG Page 1 I I Larry Pepin - IMG_0395.JPG Page 1 I I Larry Pepin -IMG_0396.JPG Page 1 I I Larry Pepin - IMG_0397.JPG Page 1 I I Larry Pepin - IMG_0398.JPG Page 1 I I Larry Pepin - IMG_0406.JPG Page 1 I I Larry Pepin - IMG_0407.JPG Page 11 I Larry Pepin - IMG_04oajpG Page 1 I I Larry Pepin - IMG_0394.JPG Page 1 I I Larry Pepin - IMG_0393.JPG Page 1 I I Larry Pepin - IMG_0392.JPG Page 1 I )\0 _ '\\I\G 039'\ .JPl3 I....... .......,.....- I Larry Pepin - IMG_0430.JPG Page 1 I I Larry Pepin -IMG_0431.JPG Page 1 I I Larry Pepin - IMG_0432.JPG Page 1 I CITY COUNCIL LETTER Meeting of November 14, 2005 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: LP'D ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: November 7, 2005 NO: 2005-69 Declaration of a nuisance and abatement of violations within the Cit"j of Columbia Heights is requested against George Powell regarding property at 4310 Washington Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-69 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-69, a resolution of the City Council of the City of Columbia Heights declaring the property at 4310 Washington Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.I09 RESOLUTION 2005-69 Resolution of the City Council for the City of Columbia Heights declaring the propeliy a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, A1iicle II, of City Code, of the property owned by George Powell (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4310 Washington Street NE. Columbia Heights, Minnesota, A11d whereas, pmsuant to Columbia Heights Code, Chapter 8, A1iicle II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on October 21,2005. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 30, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 15, 2005, inspectors reinspected the property and found that one violation remained uncorrected. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any yard waste (bagged leaves) from the yard. (Large amount) 4. That all paliies, including the owner of record and any occupants or tenants, have been given the appropriate notice of this heal'ing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4310 Washington Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant paliies and paliies in interest have been duly served notice ofthis hearing, and any other hearings releVallt to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. P.110 ORDER OF COUNCIL 1. The propeliy located at 431 0 Washington Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and pmiies in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 Passed this day of 2005 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretmy P.lll 431 0 Washington Street - November 8, 2005. -A- P.112 4310 Washington Street - November 8,2005. -B- P.113 4310 Washington Street - November 8,2005. -c- P.114 4310 Washington Street - November 8, 2005. -D- P.IIS CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL BY: tiA ~.t, NO: ITEM: (pc' Adopt Resolution For Revocation BY: Gary Gorman NO: 2005-70 DATE: November 7,2005 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Osama Abdel-Kerim regarding rental property at 5057 University Avenue NE.for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-70, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-70, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Osama Abdel-Kerim regarding rental propelty at 5057 University Avenue NE. COUNCIL ACTION: P.116 RESOLUTION 2005-70 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, A1iicle IV, Section5AA08(A) ofthat celiain residential rental license held by Osama Abdel-Kerim (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propelty located at 5057 University Avenue NE., Columbia Heights, Mimlesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section5A.408(B), written notice setting f01ih the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 29, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 22,2005, inspectors for the City of Columbia Heights, inspected the propelty described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 29, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained UllcolTected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 1,2005, inspectors for the City of Columbia Heights perfOlmed a final inspection and noted that four violations remained lll1colTected and one violation had been cOlTected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to COlTect RMC violations. 5. That all paliies, including the License Holder and allY occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, A1iicle III 5A.306 and 5A.303(A). P.117 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6977B is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of tins order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed tills Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.118 CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Resolutions CoP ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL BY:~ NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7, 2005 DATE: NO: 2005-71 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against MDC 2000 regarding rental property at 3820 Tyler Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-71, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-71, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by MDC 2000 regarding rental property at 3820 Tyler Street NE. COUNCIL ACTION: P.119 RESOLUTION 2005-71 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Aliicle IV, Section5A.408(A) of that certain residential rental license held by MDC 2000 (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 3820 Tyler Street NE., Columbia Heights, Mil1l1esota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 11, 2005 of an public hearing to be held on November 14, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 29, 2005, inspectors for the City of Columbia Heights, inspected the propeliy described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 11, 2005, inspectors for the City of Columbia Heights, reLl1spected the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 10, 2005, inspectors for the City of Colunlbia Heights performed a final inspection and noted that two violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wit: A Failure to correct RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Aliicle III 5A.306 and 5A.303(A). P.120 ORDER OF COUNCIL 1. The renta11icense belonging to the License Holder described herein and identified by license number F7201 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed tIns day of 2005 Offered by: Second by: Roll Call: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.121 CITY COUNCIL LETTER Meeting of November 14, 2005 NO: ITEM: loS ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL BY:~A " DATE: AGENDA SECTION: Resolutions Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7, 2005 NO: 2005-72 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Stacy Stutelberg regarding rental property at 218-220 42nd Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-72, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-72, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Stacy Stutelberg regarding rental propeliy at 218-220 42nd Avenue NE. COUNCIL ACTION: P.122 RESOLUTION 2005-72 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Aliicle IV, Section 5AA08(A) of that certain residential rental license held by Stacy Stutelberg (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 218-220 42nd Avenue NE., Columbia Heights, MiImesota, Whereas, pursuant to City Code, Chapter SA, AIiicle IV, Section 5AA08(B), written notice setting fmih the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 6, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: Fll'-lDINGS OF FACT 1. That on August 8, 2005, inspectors for the City of Colmnbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 6,2005, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained unconected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 8,2005, inspectors for the City of Columbia Heights perfonned a final inspection and noted that two violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were fOlmd to exist, to- wit: A Failure to correct RMC violations. 5. That all pmiies, including the License Holder and any occupants or tenants, have been given the appropriate notice of tIns heming according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). P.123 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6963 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.124 CITY COUNCIL LETTER Meeting of November 14,2005 NO: ITEM: (QP ORIGINATING DEPARTMENT: Fire Adopt Resolution For Revocation BY: Gary Gorman AGENDA SECTION: Resolutions DATE: November 7,2005 DATE: NO: 2005-73 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Cha Yang regarding rental property at 4518 Washington Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-73, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-73, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Cha Yang regarding rental property at 4518-20 Washington Street NE. COUNCIL ACTION: P.125 RESOLUTION 2005-73 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, A1iicle IV, Section 5A.408(A) of that certain residential rental license held by Cha Yang (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4518-4520 Washington Street NE., Columbia Heights, Mimlesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting fOlih the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 26, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 24, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application and a telephone call was made to the owners. 2. That on October 26,2005, inspectors for the City of Colunlbia Heights, reinspected the property and noted one violation remained uncolTected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing license application. 3. That on November 10, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that one violation remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to COlTect RMC violations. 5. That all paliies, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heal'ing according to the provisions of the City Code, Chapter SA, Aliicle III 5A.306 and 5A.303(A). P.126 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6452 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves fi'om the premises within 60 days from the first day of posting ofthis Order revoking the license as held by License Holder. day of 2005 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.127 CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY &,(f Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:t/{A- Revocation DATE: November 7, 2005 DATE: NO: 2005-74 r Revocation of the license to operate a rentaltmit within the City of Columbia Heights is requested against Aaron Holmbeck regarding rental propeliy at 4038 Madison Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-74, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-74, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, AIiicle IV, Section 5A.408(A) of the rental license held by Aaron Holmbeck regarding rental propeliy at 4038 Madison Street NE. COUNCIL ACTION: P.12S RESOLUTION 2005-74 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5A.408(A) of that celiainresidential rental license held by Aaron Holmbeck (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 403 8 Madison Street NE., Cohunbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 5, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Cohunbia Heights makes the following: FINDINGS OF FACT 1. That on August 30, 2005, inspectors for the City of Columbia Heights, inspected the propeliy described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 5,2005, inspectors for the City of Colmnbia Heights, reinspected the property and noted five violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 10, 2005, inspectors for the City of Colmnbia Heights performed a final inspection and noted that five violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to correct RMC violations. 5. That all paliies, including the License Holder and any OCCUpalltS or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). P.129 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7312 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.130 CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV NO: ITEM: to (~ Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7, 2005 DATE: NO: 2005-75 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against TJ Holdings regarding rental property at 3726 3rd Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-75, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-75, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by TJ Holdings regarding rental property at 3726 3r Street NE. COUNCIL ACTION: P.131 RESOLUTION 2005-75 Resolution of the City COlIDcil for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by TJ Holdings (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 3726 3rd StreetNE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 22, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City COlIDcil of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 4, 2005, inspectors for the City of Columbia Heights, inspected the propeliy described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on September 22, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on October 25,2005, inspectors for the City of Columbia Heights performed a final inspection and noted that three violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to COllect RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). P.132 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7279 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of tIlls order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises witlIin 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2005 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.133 CITY COUNCIL LETTER Meeting of November 14,2005 NO: ITEM: [01- ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL AGENDA SECTION: Resolutions Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7,2005 DATE: NO: 2005-76 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michael Juaire regarding rental property at 4255 3rd Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-76, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-76, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Michael Juaire regarding rental property at 4255 3rd Street NE. COUNCIL ACTION: P.134 RESOLUTION 2005-76 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5AA08(A) ofthat celiain residential rental license held by Michael Juaire (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4255 3rd Street NE., Columbia Heights, Minnesota, Whereas, pmsuant to City Code, Chapter 5A, A1iicle IV, Section 5AA08(B), written notice setting fOlih the causes and reasons for the proposed COlmcil action contained herein was given to the License Holder on September 29, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 24,2005, inspectors for the City of Columbia Heights, inspected the property described above and noted fom violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on September 29, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 1,2005, inspectors for the City of Colunlbia Heights perfoffiled a final inspection and noted that one violation remained 4. That based upon said records ofthe Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to correct RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, A1iicle III 5A.306 and 5A.303(A). P.135 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7346 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed tIns Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.136 CITY COUNCIL LETTER Meeting of November 14,2005 NO: ITEM: CoT ORIGINATING DEPARTMENT: Fire AGENDA SECTION: Resolutions Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7,2005 NO: 2005-77 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Peters Place, LLC regarding rental property at 1000 Peters Place NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-77, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-77, Resolution of the City COlmcil of the City of Columbia Heights approving revocation pmsuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Peters Place, LLC regarding rental property at 1000 Peters Place NE. COUNCIL ACTION: P.137 RESOLUTION 2005-77 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that celiain residential rental license held by Peters Place, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 1000 Peters Place NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, AIiicle IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 26, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on JlUle 9, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted thiliy nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 17,2005, after two extensions, inspectors for the City of Colunlbia Heights, reinspected the propeliy and noted that fOUlieen violations remained lUlconected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 9, 2005, inspectors for the City of Columbia Heights pelfOlmed a final inspection and noted that fourteen violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to correct RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). P.138 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6978 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2005 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council SecretalY P.139 CITY COUNCIL LETTER Meeting of November 14,2005 AGENDA SECTION: Resolutions ~K ORIGINATING DEPARTMENT: Fire ITEM: Adopt Resolution For Revocation BY: Gary Gorman NO: DATE: November 7,2005 DATE: NO: 2005-78 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Lala Jesus regarding rental propeliy at 4952 Central Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-n, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-78, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by LaLa Jesus regarding rental property at 4952 Central Avenue NE. COUNCIL ACTION: P.140 RESOLUTION 2005-78 Resolution of the City Council for the City of Colmnbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat celiain residential rental license held by Lala Jesus (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 4952 Central Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting f01ih the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 11, 2005 of an public hearing to be held on November 14, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Colmnbia Heights makes the following: FINDINGS OF FACT 1. That on August 22, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 11, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted that twenty violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 10, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that twenty violations remained 4. That based upon said records ofthe Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to conect RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice oftl1is hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). P.141 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7289 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.142 CITY COUNCIL LETTER Meeting of November 14,2005 NO: ITEM: loL ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL AGENDA SECTION: Resolutions Adopt Resolution For Revocation BY: Gary Gorman DATE: November 7,2005 DATE: NO: 2005-79 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against vVadi Ayhal11l'egarding rental property at 825 50- 1/2 Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-79, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-79, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Wadi Ayham regarding rental property at 82550-1/2 Avenue NE. COUNCIL ACTION: P.143 RESOLUTION 2005-79 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section5AA08(A) of that celiain residential rental license held by Wadi Ayham (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 825 50-112 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting f01ih the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 6, 2005 of an public hearing to be held on November 14,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 29, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 6, 2005, inspectors for the City of Columbia Heights, reinspected the propeliy and noted that twenty violations five remained lIDcorrected. A statement of cause was mailed via celiified mail to the owner at the address listed on the rental housing license application. 3. That on November 8, 2005, inspectors for the City of Colunlbia Heights performed a final inspection and noted that five violations remained 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: A Failure to con-ect RMC violations. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). P.144 ORDER OF COUNCIL 1. The renta11icense belonging to the License Holder described herein and identified by license number U825 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of tlns order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2005 Passed tIns Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.145 COLUIVIBIA HEIGHTS CITY COill~CIL LETTER Meeting of: November 14,2005 AGENDA SECTION: Items for Consideration Other: Ordinances and Resolutions NO: /- A - I ORIGINATfN"G DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Second reading of Ordinance No. 1500, vacating a portion of Lookout Place BY: Jeff Sargent ~ DATE: November 9,2005 BY: BACKGROUND: The second reading of Ordinance No. 1500, vacating a portion of Lookout Place, in association with the Final Plat for Sama's Addition, was scheduled to be heard at the November 14, 2005 City COlIDcil meeting. This was contingent on the applicants having all other approvals for the project in place. At this time, the applicants do not have all necesscuy approvals granted in order to establish a second reading of Ordinance No. 1500, vacating a pOliion of Lookout Place. For this reason, this item will be tabled to the January 23,2006 City Council meeting. If the necessary approvals are not in place for the Sarna's Addition plat at tIns time, Ordinculce No. 1500 will need to be tabled once again. RECOMMENDATION: City Staff recommends that the City Council table Ordinance No. 1500, vacating a portion of Lookout Place for the January 23,2006 City Council meeting. RECOMMENDED MOTION: Move to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, for Monday, January 23,2006 at approximately 7:00 pm in the City Council Chambers. Attachments: Ordinance 1500. COUNCIL ACTION: P.146 ORDINANCE NO. 1500 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Lookout Place lying between two lines: the northerly line being the westerly extension of the nOlih line of Block 68, Columbia Heights Annex to Mimleapolis, to the easterly line of State Trunk Highway 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Mim1eapolis, to the southeast corner of north half of Lot 2, as determined by proportional measurements along the east and west lines, Rearrangement of Block E, Columbia Heights Annex to Minneapolis. Section 2: The vacation of the street right-of-way described above shall be subject to the following condition: All necessary approvals for the Sarna's Addition plat shall be granted prior to the Second Reading of this Ordinance. This ordinance shall be in full force and effect from and after 30 days after its passage. Section 3: First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.147 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 14,2005 ITEM: NO: lC\ BY: Walt Fehst DATE: November 8, 2005 CITY MANAGER'S APPROVAL BY: #/u DATE: AGENDA SECTION: NO: ORlGINATING DEPARTMENT: Administration Backgrolmd: In July of 1995 the City Council adopted Resolution No. 95-42, being a Resolution adopting City of Columbia Heights Bylaws of Procedures and Decomm. These procedures were reviewed again in 1993, but tabled with no further action. In August of2005 Mayor Peterson visited the City of Hugo and brought back their Policy and Procedures for a Public Hearing and City Council and Planning Commission Public Meeting Guidelines. Mayor Peterson has requested that the City of Columbia Heights adopt such Public Hearing and Public Meeting guidelines for their own use. Recommended Motion: Move to adopt the Columbia Heights City Council Policy and Procedures for a Public Hearing and the City of Columbia Heights City Council and Plmming Commission Public Meeting Guidelines. COUNCIL ACTION: P.148 ~Citty lOr Collunbia Heights 590 40TH Avenue NE Cohnnbia Heights, MN 55.4.21 Phone 763..706-3600 Fax 763-706-3601 2005-2006 Coltnnbia Heights City COIlllCil p~f1 .M"ayor Gw-y L. Petel-son ;0 f-' H:::.. \.0 COltlZcil.lJf enzlJers HI-lIce N aWl.-ocki Robel-t A. Williams Talnlnel-a El-icson Di1ehm B.-lIce Kelzenberg PUBLIC HEARIN~G P()LICIES & PROCEDURES 2005 City of Columbia Heights 590 40th A venue NE Columbia Heights, MN 55421 Phone 763-706-3600 Fax 763-706-3601 E-Mail webmaster@ci.columbia-heights.mn.us We1come to the Columbia Heights City Council Meeting and Thank You for your active citizenship! Visit our web site at www.ci.columbia-heights.mn.us The Presiding Officer shall maintain strict order and etiquette at all meetings of the Council. Comments should be limited to five (5)' minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Council as a body and not to any individual Council Member or City Staff Member unless pennission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the Presiding Officer. COLUMBIA HEIGHTS CITY COm~CIL Policy and Procedures for a Public Hearing 1. The Presiding Officer (Mayor or Acting Mayor) will announce the proposal to be reviewed and ask for the staff report. 2. Staff will present their report on the proposal. 5. After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. 3. Council members will then ask City Staff questions about the proposal. 6. The Council will then discuss the proposal. No further public comments are allowed. :-0 ~. The Presiding Officer will then open up the public o hearing for anyone present who wishes to comment on the proposal. 7. The Council will then make a reconullendation(s) and! or a decision. This is the time for the public to make comments or ask questions about the proposal. Addressing the Council Council Meeting Etiquette The COlU1Cil1TIUst preserve order and decorunl while the llleeting is in session. A resident shall not, by conversation or otherwise, delay or internlpt the proceedings or the business of the Council, nor disturb any resident or COlUlCil Nlember while 'speaking or refuse to obey the orders of the Council. Any person desiring to address the Council shall first secure the permission from the Presiding Officer. When addressing the COlmcil, each person shall state his/her full name and address in an audible tone for the permanent record. CITY OF COLUMBIA HEIGHTS City Council and Planning Commission Meetings Public Meeting Guidelines I. Listen Learn to listen so that you hear clearly what your fellow commissioners have to say, what citizens have to say, and what staff has to say. Focus' on listening, rather than on what you will say in response. State what you think you heard and ask for clarification before responding, in an effort to enhance understanding. Listen with respect for the individual speaking and for what is being said in order to build trust. Listen with an open mind. Urge persons of various points of view to speak and promise to listen to these positions seriously. ll. Seek Consensus . By listening with an oPen mind, it is possible to discern common ground among many competing viewpoints. Seeking this common ground and creating a consensus means that the P_~~o.~~ m~y h", m~-e :___-"n_. thn- .1-.e --o..:Ju-. C"o--.:-e~ -~-e ~h....1y ~n ,,~ 1.~nu"" J.,.""lp~ to ~U\......;:);:) ua u'-' ~ VJ UJJpul li1lJl ~alJ LJl .1:'1 U I,.;l. 0 JUClH!J L> IJJUJ i:>~UU U 1 au i:>;:) IJ U....J ;:) create consensus and may offer opportunities for finding commonalities of interest. ill. Disagree Agreeably Reasonable people with good intentions may disagree with one another. Disagreement is not bad as long as the opinions of others are treated with respect. Don't lose sight of the issue at hand during a heated debate. Avoid grandstanding-reasonable arguments ~learly backed up by. careful homework }Day. win a debate rather than making other commissioners uncomfortable with hyperbole. Conflicts can be an opportunity for new insights, learping, and individual and organization growth. Disagreements can iHumina~e a topic in helpful ways and can present solutions to problems that previously had not been seen. The successful resolution of conflict can bind people together in powerful ways. 1 Y. Respect the V/ill of the :rYlajority Live with the results of a vote on an issue. Debate may be lively and heated, but once a decision is made and a vote taken, it is important to recognize this decision as the intent of the majority of the commission and take no actions to undermine this decision. Move on, without rancor. v. Respect the Rights of the Minority Be sensitive to the feelings and concerns of those who do not agree with the majority. Respect their rights of conscience. VI. Treat Everyone with Respect Do not publicJy embarrass or humiliate fellow commissioners, citizens, or staff. While disagreements are expected and acceptable, always maintain an atmosphere of good will and respect, no matter who is speaking. Focus on ideas and suggestions instead of questioning people's motives, intelligence or integrity. Do not ask questions or make statements in a way that will intimidate or judge others. P.IS1 VII. Share Information , Always share relevant infonnation with fellow commISSIOners and staff, so that everyone has the same information. Staff members also 'must make certain that infonnation is shared with all commissioners in a timely manner. VllI. rYlake Decisions in the Open Create an environment in which the City's business is conducted in the open and ,in which debate is encouraged and valued. Adhere not only to the letter, but also to the spirit of the Open Meetings law. Avoid speaking for the Commission as a group outside of Commission meetings. IX. Nurture the Value of the Individual; Recognize the Strength of the Team Individual commissioners have differing strengths, interests, and abilities. Take advantage of these differences when discussing issues-I>:ot everyone can be an expert on every issue. Learn what perspectives individuals bring to discussions. However, never lose sight of the fact that the Commission's legal and political strength comes from working as a team. Constituents expect their elected and appointed officials to learn to work together and wilh citizens to further the best interests of the City as a whole. X. Trust Your Judgment; Make Tough Decisions Commissioners are appointed to make informed decisions and recommendations. Seek many opinions on an i,ssue. Ten calls on a particular issue may not represent the feelings of all residents. Find out who is impacted by decisions. Trust your judgments to decide what is best for the City as a whole, while protecting the rights of individual citizens. XI. Avoid ''Meeting Night" Tunnel Vision . Resist the temptations to form a perception about how the City functions based on'what happens on COffiIflission meeting evenings. Problems are resolved. projects are planned, citizens receive service, and decisions are made throughout the week. Keep what happens at Commission meetings within t.he context of the operation of the entire City. XU. This Too ShaH Pass ~ontroversia1 issues may cause sleepless nights. However, there will always be another issue loomJng on t.he horizon that may be just as controversial. Over time, it will be difficult to remember what was controversial a mere three months earlier. Keep a balanced perspective, and above an, maintain a healthy sense of humor. -ideas taken :5:om Shoreview's Council Manual; City of Plymouth Staff & Commission Guide; Loveland, Colorado's Council Orientation Guide, 204th General Assembly of Presbyterian Church guidelines and the City of Hugo. P.152 RESOLUTION NO. 95-42 BEING A RESOLUTION ADOPTING CITY OF COLUMBIA HEIGHTS BYLAWS OF PROCEDURES AND DECORUM WHEREAS: The purpose of the attached ~Y'liiW's of Procedures and Decorum is to assure an accurate, timely and consistent method of developing and maintaining the various actions related to meetings of the city council: and WHEREAS: Bylaws also assure retrieval of documents and data previously considered and notification of affected individuals and businesses: and WHEREAS: The City Charter, ci ty Ordinances and state Statutes governing the city Council shall be supplemented by these Bylaws; and WHEREAS: In all matters of Parliamentary Procedure, the Council shall be governed by the latest print.ed edition of Robert;s RUles of Order, except as addressed by these Bylaws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby authorizes the adoption of the attached Bylaws of procedures and Decorum. Passed this 24th day of July, 1995. Offered by: Peterson Seconded by: Pe tkoff Roll call: All ayes Secretary P.153 CITY OF COLUMBIA HEIGHTS BYLAWS OF PROCEDURES AND DECORUM I. PURPOSE These Bylaws of Procedures and Decorum assure an accurate, timely, and consistent method of developing and maintaining the various actions related to meetings of the City Council. They also assure retrieval of documents and data previously considered and notification of affected individuals and businesses. II. PROCEDURES 1. LAW. The City Charter, City Ordinances, and state statutes governing the City Council shall be supplemeneted by these Bylaws. 2. GENERAL RULES. In all matters of Parliamentary Procedure, the Council shall be governed by the latest printed edition of Robert's Rules of Order, except as addressed in these Bylaws. 3. REGULAR COUNCIL MEETING SCHEDULE RULES. Regular Council meetings shall be held on the second and fourth Mondays of each month which are not observed legal holidays. Any regular meeting which would fall on an observed legal holiday shall be held on the Tuesday following such observed legal holiday. The Council may vary this meeting schedule by resolution and may set such special meetings in the form and manner as prescribed by Charter. 4. CABLECASTING OF COUNCIL MEETINGS. All regular Council meetings, being the second and fourth Mondays of each month or an optional day as set by Council resolution, as well as the Truth in Taxation Hearing, shall be cablecast on the local access channel. 5. RECORDING SECRETARY OF THE COUNCIL. The Council may choose a secretary and such other officers and employees as may be necessary to serve at its meetings. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. P.154 III. PRESIDING OFFICER 1. PRESIDING OFFICER. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Council President shall preside. 2. RIGHTS OF THE PROCEDURE. The Presiding Officer may speak on any question, make motions, and second motions. He/she shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure and determine without debate. (subject to the final decision of the Council on appeal) all questions of procedure and order. 3. APPEAL TO A RULING. Any member of the Council may appeal a ruling of the Presiding Officer. If the appeal is seconded, the member may speak once, solely on the question involved. The Presiding Officer may explain his/her ruling, but no other Council member shall participate in the discussion. The appeal shall be sustained if it is approved by a vote. IV. AGENDA 1. PREP~~TION. The City Manager is responsible for Council agenda format and preparation. This includes all items for consideration, Charter requirements, State law, Bylaws, etc.. These documents shall be distributed as described in Section 1.04 of the City's Procedures Manualo 2. ITEMS FOR CONSIDERATION. All items to be included in the Agenda or on the_City Manager's Report shall be submitted to the Ci ty Manager by 4:: 4: 5 P =:m = on the Monday preceding the meeting date. "Late" items, if approved by the City Manager, shall be distributed as described in Section 1.04 of the City's Procedures Manual. 3. ORDER OF BUSINESS. At the hour appointed for regular City Council meetings, the Presiding Officer shall call the meeting to order. If a quorum is present, the Council shall then proceed with its business in the following order which may be varied by the Presiding Officer: A. Call to OrderfRoll Call B. Pledge of Allegiance C. Public Address of Council on Matters not on Agenda P.155 D. Commencement of Cablecasting on Television E. Additions/Deletions to Meeting Agenda F. Consent Agenda 1) Approval of Minutes from Previous Meeting(s) 2) Routine Items Requiring Limited Deliberation G. Recognitions, Proclamations, Presentation, Guests H. Public Hearings I. Items for Consideration 1) Old Business 2) New Business 3) Other Business J. Administrative Reports K. General Council Communications L. council Executive Sessions If the Council is to consider an issue regarding pending litigation or a personnel matter, an Executive Session may be called. A recess is taken during a regular Council meeting or prior to adjournment of the Council meeting. At the conclusion of the Executive Session the regular Council meeting is reconvened. M. Adjournment 4. CONSENT AGENDA. Council matters of a routine or non- controversial nature which need minimal deliberation shall be placed on the Consent Agenda. A motion to approve the Consent Agenda shall not be debated. At the request of any Council member, an item may be removed from the Consent Agenda and placed upon the regular agenda for debate immediately following approval of the Consent Agenda. The Consent Agenda shall only be adopted by an unanimous vote of those Council members present at the meeting. ~156 5. PUBLIC PARTICIPATION. Members of the public may address the City Council during: A. Public Hearings B. Matters Not on the Agenda. This portion of the meeting shall be limited to fifteen minutes and individuals shall be requested to limit their comments to five minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, discussion on that issue shall be continued under Other Business at the end of the agenda. C. Specific issues scheduled on the Agenda but in accordance wi th IV. 6. of these Bylaws enti tIed "Addressing the Council." 6. WRITTEN COMMUNICATIONS. All interested parties or their authorized representatives may address the Council regarding matters under consideration via written communication. The City Manager shall place these communications on the Agenda under "Acknowledgement of Communications to the Council." V. VOTING 1. PROCEDURE. The votes of the Council members on any pending ordinance or resolution shall be by voice vote unless any Council member requests that a roll call vote be taken. The votes on any motion shall be by voice vote unless any Council member requests that a roll call vote be taken. The Presiding Officer shall call for a roll call vote whenever a voice vote is not clear as to the disposition of the action before the Council. 2. ABSTENTION. If a Councilmember does not vote, it shall be recorded as Il~bstain: [name] 9" 3. VOTING ORDER FOR ROLL CALL. The Council Secretary shall call for the vote in consecutive order beginning with the Councilmember who is seated to the far right of the Mayor. The Presiding Officer shall always vote last. VI RULES OF DECORUH 1. COUNCIL. While the Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the peaceful proceedings of the Council nor disturb any member while speaking. A member shall never refuse to obey the orders of the Presiding Officer. 2. RECOGNITION. No person or Councilmember shall address the Council without being recognized by the Presiding Officer. P.157 " 3. DISCUSSION. A Councilmember shall only speak twice on any question for a maximum of five minutes each time unless Council consent for additional time is granted. 4. STAFF. City staff members shall observe the same rules of order and decorum as are applicable to the Council. 5. RELEVANCE TO DEBATE. Councilmembers, staff and citizens shall confine remarks to the matter under debate. 6. ADDRESSING THE COUNCIL. Each citizen addressing the Council shall approach the public microphone after being recognized by the Presiding Officer, where he/she shall state name, address, subject for discussion and representation. Remarks shall be limited to five minutes without further consent from the Council. All remarks shall be addressed to the Council as a whole and not to any member thereof. No persons other than Councilmembers and the current speaker shall be permitted to enter into discussion, either directly or through a Councilmember, without such declaraton from the Presiding Officer. Questions of Councilmembers and staff are equivalently regulated. 7. SPOKESPESONS FOR GROUPS. In order to expedite Council meetings and avoid repetitious presentations, the Presiding Officer shall request a spokesperson to address the Council from a group, and if that group is making multiple presentations, to limit the number of such spokespersons. 8. MOTION CLOSURE. After a motion has been made or a public hearing has been closed, no citizen shall address the Council on the matter under consideration without majority consent from the Council. 9. CONDUCT. Any Councilmember, staff, or other person indulging in personal! impertinent, slanderous, profane, loud, threatening, abusive, or disorderly conduct shall be called to order by the Presiding Officer. If such conduct continues, the person may be barred from further audience before the Council. 10. AUDIENCE. No citizen shall engage in applause, stamping of feet, whistling, yelling or similar demonstrations listed in VI.9 which disturb the peace and good order of the meeting. VII. ENFORCEMENT 1. WARNING. Ali persons shall be silent at the request of the Presiding Officer. If a person persists in disturbance after receiving a warning, he/she may be ordered to remove themselves from the meeting. If they refuse to remove themselves, they will be escorted from the meeting by a police officer and possibly charged with violation of City Ordinance. P.158 2. MOTIONS TO ENFORCE. Any Councilmember may move to require the Presiding Officer to enforce these rules. 3. ADJOURNMENT. In the event that any meetinq is willfullY disturbed so as to render the order of such meeting unfeasible and order cannot be restored by removal of the individual(s) causing the disturbance, the meeting may be adjourned with all remaining business considered at the next meeting. 4. SPECIAL MEETINGS. If the matter being addressed prior to adjournment is of such a nature as to demand immediate attention, the Presiding Officer may call a special meeting. VIII. WORKSHOP MEETINGS 1. GENERAL. Workshop meetings of the Council may be held at the call of the City Manager with a notice of seventy-two hours. No official Council action will be taken at workshop meetings. IX ;; ~.MEP_1.s }'_lID RECORDING DEVICES Cameras, including television and motion picture cameras, electronic sound recording devices and any other mechanical, electrical, or electronic recording devices may be used in the Council Chambers, but only in such a manner as will cause a minimum of interference with Council proceedings. x ~ SEPARABILTY If any portion of the these Bylaws is for any reason held invalid or unconstitutional by a court of law, such portion shall be considered a separate and distinct provision and will not affect the validity of the remaining portions. P.159 CITY COUNCIL LETTER Meeting of: November 14, 2005 AGENDA SECTION: NO: iC.;l ORIGINATING DEPARTMENT: CITY MANAGER'S BY: LINDA L. MAGEE. j jlJ~ DATE: 'LJrl ) CITY MANAGER'S APPROVAL H~ /, /!7ff/ ~ : l~J~1 DATE: ITEM: ADOPT ELECTED OFFICIALS OUT OF STATE TRAVEL POLICY NO: As was mentioned during a recent budget work session, a law was passed during this last legislative session that requires, by January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, to develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify: 1) when travel outside the state is appropriate 2) applicable expense limits; and 3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Attached is a policy which was drafted using the League of Minnesota Cities Model Elected Officials Out-of-State Travel Policy. Staff recommends approval of the attached policy. RECOMMENDED MOTION: Move to adopt the attached "Elected Officials Out-of- State Travel Policy". COUNCIL ACTION: P.160 CITY OF COLUMBIA HEIGHTS ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY The City of Columbia Heights recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines 1. The event, workshop, conference, or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: & Whether the elected official will be receiving training on issues relevant to the city or to his or her role as the Mayor or as a council member. . Whether the elected official will be meeting and networldng with other elected officials from around the countlY to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. . Whether the elected official will be viewing a city facility or function that is similar in nature to one that is cUlTently operating at or under consideration by the City, where the purpose for the trip is to study the facility or function to bri..l1g back ideas for the consideration of the full council. . Whether the elected official has been specifically assigned by the Council to testify on behalf of the city at the United States Congress or to otherwise meet with federal officials on behalf of the city. e Whether the city has sufficient funding available in the budget to pay for the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The city may make payments in advance for airfare, lodging, and registration if specifically approved by the council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. DATE OF ADOPTION: P.161