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Home My WebLink AboutNovember 28, 2005 Regular CITY OF COLUMBIA HEIGHTS ADM/N/STRA T/ON Mavor Gmy L. Petersoll COllllci/lllembers Robert A. Williams Bruce Nawroc/d Tammera Ericsoll Die/ull Bruce Ke/zellberg Citv Mallafler Walter R. Fehst 5~~ 40th Aven~e N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 VISIt DlIr Webslte at: II'lI'w.ci.co/II/1lbia-heighls./IlIl.lIs The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 p.m. on Monday, November 28,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERJROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God Church ~..d ,. IlItlOI1 ",/fle.D 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - no"ne B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for November 14, 2005 regular City Council meeting p6 MOTION: Move to approve the minutes ofthe November 14, 2005 regular City Council meeting as presented. 2) Accept Boards and COlmnissions Meeting Minutes a) MOTION: Accept minutes of the October 20,2005 Charter Commission meeting. b) MOTION: Accept minutes of the October 26,2005 Park and Recreation COlmnission meeting. c) MOTION: Accept minutes ofthe November 1, 2005 Library Board meeting. d) MOTION: Accept minutes of the November 7, 2005 Traffic Commission meeting. P22 P27 P30 P32 3) Establish Executive Session meeting date for Monday, December 5,2005, in Conference Room 1, iImnediately following the Truth and Taxation Hearing. P36 MOTION: Move to establish an Executive Session meeting date for Monday, December 5, 2005, in Conference Room 1, ilmnediately following the Truth and Taxation Hearing. City Council Agenda November 28, 2005 Page 2 of 5 4) Adopt Resolution No. 2005-79, being a Resolution establishing Senior Citizen eligibility standards P37 for refuse, sewage disposal and water supply utility rates. MOTION: Move to waive the reading of Resolution No. 2005-79, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-79, being a Resolution establishing Senior Citizen eligibility standards for refuse, sewage disposal and w;ater supply utility rates. 5) Adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received by the City of P39 Columbia Heights. MOTION: Move to waive the reading of Resolution No. 2005-82, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received by the City of Columbia Heights. 6) Adopt Resolution 2005-83, being a Resolution to amend Resolution 97-34 in regard to use of P42 building pennit fees. MOTION: Move to waive the reading of Resolution No. 2005-83, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-83, being a Resolution to amend Resolution 97-34 in regard to the use of building pennit fees. 7) Approve transfer of funds from General Fund to Police Dept. Budget to reimburse overtime fund MOTION: Move to transfer $1,034 received for Unique Thrift Stores and $3,137.25 received from Columbia Heights school District - a total of $4,171.25, from the General Fund to the Police Department 2005 budget under line #1020 Police Overtime. p4Lf 8) Adopt Resolution No. 2005-81, being a Resolution establishing Senior Citizens or Retired & Disabled Persons Hardship Special Assessment Deferral MOTION: Move to waive the reading of Resolution No. 2005-81, there being ample copies available to the public. P55 MOTION: Move to adopt Resolution No. 2005-81, being a resolution establishing a new maximum income of $25,200 for Senior or Retired and Disabled Persons to be eligible for special assessment defen'al. 9) Approve installation of stop signs on Madison Street at 43rd Avenue P57 MOTION: Move to install stop signs on Madison Street at 43rd Avenue, stopping traffic on Madison Street, based on a recommendation of the Traffic Commission and City Staff. 10) Authorize Feasibility Report for addition of Prestemon Park ball field lighting P 58 MOTION: Move to authorize the preparation of a Feasibility Report for the addition of athletic field lighting at Prestemon Park. 11) Approve the Building Official Service contract with the City of New Brighton P59 MOTION: Move to approve the Building Official Service Contract between the City of Columbia Heights and the City of New Brighton; and furthennore, to authOlize the Mayor and City Manager to enter into an agreement for the same. City Council Agenda November 28, 2005 Page 3 of5 12) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 28, 2005 as presented regarding the new licenses for 2005 and the renewals for 2006. 13) Approve Payment of Bills MOTION: Move to approve payment of the bills out ofthe proper funds as listed in the attached check register covering Check Number 115003 through 115121 in the amount of$I,054,972.25. 6. PUBLIC HEARINGS A) Adopt Resolution No. 2005-85, being a Resolution for Rental Housing License Revocation at 1231-33 40th Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-85, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-85, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Talmer Caraway III regarding rental property at 1231-33 40th Avenue NE. B) Adopt Resolution No. 2005-86, being a Resolution for Rental Housing License Revocation at 4338 2nd Street NE. MOTION: Move to waive the reading of Resolution No. 2005-86 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-86, 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 Nala Properties regarding rental property at 4338 2nd Street NE. C) Adopt Resolution No. 2005-87, being a Resolution for Rental Housing License Revocation at 584 38th Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-87, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-87, 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 Teddynold Mendes regarding rental property at 584 38th Avenue NE. D) Adopt Resolution No. 2005-88, being a Resolution for Rental Housing License Revocation at 1815-17 41 st Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-88, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-88, 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 Angela Johnson regarding rental property at 1815-17 41 st Avenue NE. E) Adopt Resolution No. 2005-89, being a Resolution for Rental Housing License Revocation at 212-214 42nd Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-89, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-89, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5AA08(A) of the rental license held by Asad Khan regarding rental property at 212-214 42nd Avenue NE. F) Adopt Resolution No. 2005-90, being a Resolution for Rental Housing License Revocation at 4524 Monroe Street NE. p65 p68 P75 P78 P81 p84 p87 P90 City Council Agenda November 28, 2005 Page 4 of5 MOTION: Move to waive the reading of Resolution No. 2005-90, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-90, Resolution ofthe 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 Julie Marsh regarding rental property at 4524 Momoe Street NE. G) Adopt Resolution No. 2005-91, being a Resolution for Rental Housing License Revocation at 660-662 47th -1 /2 Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-91, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-91, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5A.408(A) of the rental license held by David Decker regarding rental property at 660-662 47th -1/2 Avenue NE. H) Adopt Resolution No. 2005-92, being a Resolution for Rental Housing License Revocation at 666-668 47-1/2 Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-92, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-92, Resolution ofthe 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 David Decker regarding rental property at 666-668 47-1/2 Avenue NE. I) Adopt Resolution No. 2005-93, being a Resolution for Rental Housing License Revocation at 4550 Madison Street NE. MOTION: Move to waive the reading of Resolution No. 2005-93, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-93, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Catalina Peralta regarding rental property at 4550 Madison Street NE. J) Adopt Resolution No. 2005-94, being a Resolution for Rental Housing License Revocation at 4410 Central Avenue NE. MOTION: Move to waive the reading of Resolution No. 2005-94, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-94, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5A.408(A) of the rental license held by Nate Williams regarding rental propeliy at 4410 Central Avenue NE. K) Adopt Resolution No. 2005-95, being a Resolution for Abatement at 4540 Tyler Street NE MOTION: Move to waive the reading of Resolution No.2005-95, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-95, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4540 Tyler Street NE a nuisance and approving the abatement of violations from the propeliy pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Ordinance #1501- to amend the City Code 6.801 Violations regarding Exterior Improvement Compliance MOTION: Move to waive the reading of Ordinance No. 1501, there being ample copies available to the public. P93 P96 P99 Pl02 Pl05 Plo8 City Council Agenda November 28, 2005 Page 5 of 5 MOTION: Move to set the second reading of Ordinance No. 1501 for Monday, December 12, 2005 beginning at approximately 7:00 p.m. in the City Council chambers. 2) Adopt Resolution No. 2005-84, authorizing and directing condemnation of certain property for public road purposes in connection with the Grand Central Lofts redevelopment site. P 11 2 MOTION: Move to waive the reading of Resolution No. 2005-84, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-84, authorizing and directing condemnation of celiain property for public road purposes in connection with the Grand Central Lofts redevelopment site. B) Bid Considerations -none C) Other Business 1) Snowplowing Ordinance Discussion P 11 7 8. ADMINISTRATIVE REPORTS A) RepOli ofthe City Manager B) Report 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 hislher name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF /pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 14, 2005 ;-- A I !:; -. .- THt='(>-~ "inl ." R !..; :.:,'\cJ C litl N urra:J~s f ";h '1,,1<16) 8 B" (t::'~ffi~" ',',),'" ,LA Vn", un" ~ " " 0;; HI !~, ""j " q Hi". " be t nti~''fJf?()Vl;'L)il The following are the minutes for the regular meeting of the City Council 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. CALL TO ORDERJROLL CALL/INVOCATION Youth Pastor Brenna Ziemet, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councihnember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the budget. Peterson placed this as #3 Other Business. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations Make a Difference Day - Rising to New Heights, Ted Landwehr Landwehr stated that October 22nd was the Third AImual "Make a Difference Day" in Columbia Heights. The goal is to "do good" in the cOlmnunity. The Rising to New Heights Committee (RNH) recognized three projects for their participation. 1) 45 Columbia Heights Seniors put together 1,000 gift bags for Special Olympics torchlight run participants. 2) John and Marvin Sowada donated over 400 pounds of vegetables to SACA, plus pumpkins, gourds and squash. They also donated to churches. 3) The City of Columbia Heights employees put together over 40 birthday boxes and bags for SACA. Mary Dugdale and Pat Sowada accepted on behalf ofthe employees. Each individual was given a celiificate and each group was given a check for $25. Landwehr invited anyone interested to attend the next RNH meeting. Nawrocki recognized Carole Blowers, Administrative Secretary, for bringing this idea to us and to the attention of Rising to New Heights for promotion in our City. She organizes the city employee participation and should receive special recognition. Recognition Civilian Emergency Response Training (CERT) Graduation Police Chief Tom Johnson and Mayor Peterson recognized 14 new CERT team members and handed out certificates to those present. Johnson recognized the Officers in charge ofthis program. He stated there would be a special group training program this Saturday and recognized the CERT team members that helped dUling the heavy rainfall last month. Peterson thanked the group for becoming involved. Chief Johnson invited anyone interested in joining the CERT group to call the Police Depmiment for infonnation. Williams suggested that residents of our senior high rises become involved. CONSENT AGENDA Walt Fehst, City Manager, took the City Council through the Consent Agenda Items. Councihnember Nawrocki removed items #3, 6, 7, 8, 9, 10, and the VFW license from # 11. 1) Approve City Council Meeting Minutes for October 24,2005 regular City Council meeting Motion to approve the minutes of the OctoP. 624,2005 regular City Council meeting as presented. City Council Minutes November 14, 2005 Page 2 of 16 2) Accept Boards and COlmnissions Meeting Minutes a) Motion: Accept minutes ofthe July 26, 2005 HRA meeting. b) Motion: Accept minutes of the August 23,2005 EDA meeting. c) Motion: Accept minutes ofthe October 5, 2005 Library Board budget meeting. d) Motion: Accept minutes of the October 5, 2005 Library Board meeting. e) Motion: Accept minutes of the November 1, 2005 Planning & Zoning Com. Meeting. 3) Adopt Resolution No. 2005-68, being a Resolution canceling the City Council meeting of Monday, December 26,2005. - Removed 4) AuthOlize the transfer of (Safe and Sober program) overtime General Fund to the Police Dept. Motion 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. 5) AuthOlize the transfer of (off duty employment) overtime General Fund to the Police Dept. Motion 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 $3,552.37 - from the General Fund to the Police Department 2005 budget under line #1020, Overtime. 6) Approve premises permit renewal/application Class B Gambling License for VFW Post #230 and Class B premise permit for VFW Post #230 activities at LaCabema Bar and Grill. - Removed 7) Adopt Resolution No. 2005-80, for IS-foot side yard setback variance at 628 38th Avenue- Removed 8) AuthOlize change to Veit & Company Inc. contract ( City contract #1844) - Removed 9) Authorize change order to Viet & Company Inc. Contract (City contract #1854) - Removed 10) Authorize contract change order to Frattalone Companies Inc. Contract (City contract #1793) - Removed 11) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 14, 2005 as presented regarding the new licenses for 2005 and the renewals for 2006, with removal of the VFW license request. 12) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 114743 through 115002 in the amount of$I,327,923.07. Motion by Nawrocki, second Williams, to approve the Consent Agenda items, with the exception of items 3,6, 7, 8, 9, and 10. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the license request for the VFW. Nawrocki stated that as COlmnander and Signatory he would abstain from the vote. Upon vote: Kelzenberg, aye; Williams, aye; Diem!; 7ye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 City Council Minutes November 14, 2005 Page 3 ofl6 abstention. Motion carried. #3 Adopt Resolution No. 2005-68, being a Resolution canceling the City Council meeting of Monday, December 26,2005. Nawrocki stated that he is not in favor of canceling a regular meeting. It should be on the following Tuesday. Peterson stated that a meeting could be called if necessary. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2005-68, being a Resolution canceling the City of Columbia Heights regular City Council meeting of Monday, December 26, 2005. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 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 Council meeting scheduled for Monday, December 26, 2005; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. #6 Approve premises permit renewal/application Class B Gambling License for VFW Post #230 and Class B premise permit for VFW Post #230 activities at LaCaberna Bar and Grill. Nawrocki stated that as Commander and Signatory he would abstain from the vote. Motion by Diehm, second by Kelzenberg, to 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 of a Class B charitable 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 Bar and Grill, 4952 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. #7 Adopt Resolution No. 2005-80, for IS-foot side yard setback variance at 628 38th Avenue Jeff Sargent, City Planner, described the request, which would allow the property owner to park his vehicles without encroaching on the alley. Nawrocki stated it would be inappropIiate to approve this Valiance with the number of vehicles listed on their petition relative to the lot size. It would set a bad precedent. Nawrocki suggested that published legal notices also indicated the street address of the propeliy. Kelzenberg questioned concems of the neighbors. Sargent indicated there was a neighbor concerned that rain water would puddle in his dIiveway. The Planning and Zoning COlmnission detennined it would not hurt his situation and any puddle was caused by faulty construction. Kelzenberg asked if the city would be responsible. Sargent stated he did not believe so. P.8 City Council Minutes November 14, 2005 Page 4 of 16 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2005-80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2005-80, being a Resolution approving a variance from certain conditions ofthe City of Columbia Heights zoning Code for Ben Adams (628 38th Avenue). Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 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 constmction of a driveway per Code Section 9.106 (L)(7)(g). WHEREAS, the Planning 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 RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following fmdings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, confIguration, topography, or other conditions of the specifIc parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially deuimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this 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 boundary survey to accurately denote the placement of the side lot line. 2. The driveway shall be surfaced Witll 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. #8 AuthOlize change to Veit & Company Inc. Contract ( City contract #1844) Nawrocki stated he has the same concems on items #8,9, and 10, that tIns would double the contract. We paid an expert to prepare specs and do soil tests and now we have another million dollars in change orders. Fehst stated that all quantities have been verified. There were 85 Oliginal test bOlings done on the propeliy, but you can not find all of the problems, especially under buildings. These costs will be paid back in full by the grants or the developer. All three phases oftlris development will net us $1.6 million in taxes. Nawrocki stated that would take 12 to 20 years and expelis should not have been tlris far off. Tlris may take a year off the TIF dollars. Fehst stated it could take six months ofthe TIF pay back. Williams stated that tlris is changing the face of our city by developing a polluted site that the previous owners got away without cleaning up. F.9 City Council Minutes November 14,2005 Page 5 of 16 Motion by Kelzenberg, second by Williams, 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 fi.om the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #9 Authorize change order to Viet Environmental Contract (City contract #1854) Motion by Diehm, second by Kelzenberg, to authorize contract change orders #1, #2, #3, #4, and #5 for additional work added to the contract by the City of Columbia Heights to Viet Enviromnental in the amounts of$4,205, $5,573, $25,900, $12,775 with funding coming from the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #10 Authorize contract change order to Frattalone Companies Inc. Contract (City contract #1793) Motion by Williams, second by Kelzenberg, to authorize 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 from the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Order conceming hazardous buildings on property located at 4321 5th Street described as PIN 35- 30-24-21-0165 Jim Hoeft, City Attomey, stated that the Building Official made the detennination on the building condition. Larry Pepin, Building Official, indicated that these buildings have suffered significant structural failure. Pepin showed interior and exterior pictures ofthe structures. The buildings were posted as uninhabitable and have had no water service since 1996. The structures were overloaded floor to ceiling and wall to walL Harold Hoium, 4321 5th Street, indicated that looters and thieves did this damage and alluded to theft by Police and Fire personnel removing items from the property. He threatened that he would hang everyone involved in this by grappling hooks. Peterson required Mr. Hoium to stop speaking; indicating that anything of value on the property was catalogued and could be reclaimed. However, the buildings are dangerous and require abatement. He reminded Mr. Hoium of his constant request to clean up our city. Nawrocki asked if the looting was repOlied to the Police Depaliment. Hoium stated yes, but the city would do nothing about it. Nawrocki asked who did the clean up and if items were documented. Gonnan indicated DuAll was the clean up company and items were photographed. Motion by Kelzenberg, second by Diehm to adopt the Order conceming hazardous buildings on propeliy located at 4321 5th Street described as PIN 35-30-24-21-0165, and authorize the Mayor and City Manager to execute the same. Peterson questioned ifthis covers all the addresses. Hoeft stated there is really only one legal address and Propeliy Identification Number. Upon vote: All ayes. Motion carried. B) Adopt Resolution No. 2005-69 being a Resolution Declaring Nuisance and Approving Abatement of Violations at 4310 Washington Street NE P.10 City Council Minutes November 14,2005 Page 6 of 16 Motion by Nawrocki, second by Diehm, to close the public heming and to waive the reading of Resolution No. 2005-69 there being mnple copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2005-69, a resolution of the City Council of the City of Columbia Heights declaring the propeliy at 431 0 Washington Street NE a nuisance mId approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2005-69 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 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, 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 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 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. That on August 15,2005, inspectors re-inspected the property and found that one violation remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: Shall remove all/any yard waste (bagged leaves) from the yard. (Large amount) 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 ofthe 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 parties and parties in interest have been duly served notice of tIus hearing, and any other hearings relevant 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. ORDER OF COUNCIL 1. The property located at 4310 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 parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 C) Adopt Resolution No. 2005-70 being a Resolution for Rental Housing License Revocation at 5057 University Avenue NE. - NOT READ Nawrocki stated that under the old system he was notified what the violations were. He requested to continue that process. D) Adopt Resolution No. 2005-71 being a Resolution for Rental Housing License Revocation at 3820 Tyler Street NE. - NOT READ E) Adopt Resolution No. 2005-72. being a Resohp.ll for Rental Housing License Revocation at 218-220 City Council Minutes November 14, 2005 Page 7 of 16 42nd Avenue NE. - NOT READ F) Adopt Resolution No. 2005-73, being a Resolution for Rental Housing License Revocation at 4518-20 Washington Street NE. - NOT READ Nawrocki stated there are vehicles there without licenses and parked on an unpaved area. Gorman stated this should be turned over to the Police Department. G) Adopt Resolution No. 2005-74, being a Resolution for Rental Housing License Revocation at 4038 Madison Street NE. - NOT READ H) Adopt Resolution No. 2005-75. being a Resolution for Rental Housing License Revocation at 3726 3rd Street NE. G01111an stated this is for outstanding violations on the garage and trash in the yard. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-75, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by TJ Holdings regarding rental property at 3726 3rd Street NE. Upon vote: All ayes. Motion carried. Nawrocki stated that 3841 3rd Street is like a junk yard, with about 30 cars parked there. RESOLUTION 2005-75 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, 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 of the real property located at 3726 3rd Street NE., Columbia 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 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 of the City of Columbia Heights, the City Council 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 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 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 [mal 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 COITect RMC violations. 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7279 is hereby revbked. 2. The City will post for the purpose of preventing oF. 1 2ncy a copy of this order on the buildings covered by the license City Council Minutes November 14,2005 Page 8 of 16 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. I) Adopt Resolution No. 2006-76, being a Resolution for Rental Housing License Revocation at 4255 3rd Street NE. - NOT READ J) Adopt Resolution No. 2005-77, being a Resolution for Rental Housing License Revocation at 1000 Peters Place NE. - NOT READ K) Adopt Resolution No. 2005-78, being a Resolution for Rental Housing License Revocation at 4952 Central A venue NE. Gonnan stated this is the unit above LaCabama that is currently vacant, but they wish to maintain the license. There were 20 violations, which they are working on, but will not be done in the next few days. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2005-78, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-78, 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 LaLa Jesus regarding rental property at 4952 Central Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-78 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Lala Jesus (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4952 Central Avenue 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 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 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 perfoffiled a fInal inspection and noted that twenty 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, A.1iicle IIl5A.306 and 5A.303(A). 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 O(,(,l1n'\l1CY a copy of this order on the buildings covered by the license held by License Holder. P. 1 3 City Council Minutes November 14,2005 Page 9 of 16 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. Miscellaneous - 1000 Peters Place Katrice and Robeli Buckner, 4656 7th Street stated they were residents of apartment 202 at 1000 Peters Place. They spoke of problems in the building with mold, water leakage, rotting windows, etc. They stated that the landlord would only fix the minimum requirement on anyone apartment to make it rentable again. Following inspection, there were 11 violations in their apartment alone. When the plumber tried to fix the pipes, the wall fell out. Ms. Buckner indicated that the owner just paints over the mold, which is especially dangerous to the young and elderly. Peterson stated his surprised to see this revocation closed. Gonnan stated that the owner and management play the system by doing necessary repairs right before license revocation, which are followed bya complaint :limn another renter and the process begins all over again. There is a signed contract for window replacement in one of the units written up by our inspectors. Peterson asked the City Attorney ifthere is anything we can do to get this building fixed up. Hoeft stated that at the time of the annual inspection the Fire Department would go through every unit in the building. Gonnan stated that at the June inspection there were 40 violations. Gonnan stated that our housing code is minimal. Peterson stated that we might need to draft an ordinance to address this type of issue, so no one will have to deal with a landlord like this. Nawrocki stated that we heard this from other renters in this building a few months ago and thought we were to inspect the entire building. Gonnan again stated that every unit was inspected in June. Nawrocki requested to see the report on unit #202 and a report on a new inspection ofthe same unit today. Nawrocki requested follow up reports on inspections of this building. Hoeft stated the property keeps coming up on a complaint basis, and our system keeps working. Even though it is not perfect, there is action taken. Buildings such as this cost a lot to over see and that cost is spread over all properties. John Larkin, Assistant Fire Chief, explained how the license revocation timeline has been shortened. He indicated that inspections indicate problems, but we can not control how they are replaced or are repaired, such as painting over mold. L) Adopt Resolution No. 2005-79, being a Resolution for Rental Housing License Revocation at 825 50- 1/2 Avenue NE. Gonnan stated the owner is reportedly out ofthe country. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2005-79, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, .A1iicle IV, Section 5A.408(A) ofthe rental license held by Wadi Ayham regarding rental property at 825 50-1/2 Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-79 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section 5A.408(A) of that certain residential rental license held by Wadi Ayham (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the re" 1 "r')perty located at 825 50-1/2 Avenue NE, Columbia Heights, Minnesota, P. 14 City Council Minutes November 14, 2005 Page 10 ofl6 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 6, 2005 of an public healing 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 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 property and noted that twenty violations five 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 8, 2005, inspectors for the City of Columbia Heights performed a [mal 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 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 U825 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Motion by Kelzenberg, second by Williams, 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. Nawrocki stated that Mr. Hurley, who commented at the last Council meeting regarding the Sarna plat, is a member of the City's law finn, Barna and Guzy. He questioned the appropriateness of our finn representing this other group. Hoeft stated that the City's involvement was transferring property to the EDA. Nawrocki expressed concern that the Sarna would come back at a later time wanting to expand to banquet facilities and requesting a 2:00 a.m. bar closing time. Peterson indicated there should be no discussion on a motion to table. Upon vote: All Ayes. Motion carried. Other Business 1. Adopt the Columbia Heights City Council Policy and Procedures for a Public Heming and the City of Columbia Heights City Council and Planning Commission Public Meeting Guidelines. Fehst indicated that in 1995 the City Council passed Bylaws of Procedures and Decorum by Resolution. They were discussed again in 2003, but tabled. The procedures still apply. He stated that fi'om a visit to the City of Hugo by Mayor Peterson, Councilmember Williams, and himself, they brought back Public Meeting Guidelines which go beyond our CUlTent resolution. We moe under the CUlTent decorum of Roberts Rules of Order. These guidelines would be civil rules of discourse, to.disagree agreeably, or an overlay of what vP.15LVe adopted. City Council Minutes November 14,2005 Page 11 of 16 Peterson read the Policy and Procedures for a Public Heming and City Council and Planning Commission Meetings Public Meeting Guidelines. He stated these are the City of Hugo's success. We would make these available at the meeting room entrance. Peterson indicated his desire to adopt these guidelines and to treat each other with respect. Nawrocki stated these documents could be improved and ARE not user friendly. This should be discussed at a work session. It was scheduled for a work session that did not happen. The past Resolution needs to be looked at also and combined. There is a provision in the Charter that allows Council to adopt .such rules for handling of business. He stated he is prepared to go over this section by section. Kelzenberg indicated he was happy with these guidelines as they are just COlmnon courtesy. Motion by Kelzenberg, second by Diehm, to adopt the Columbia Heights City Council Policy and Procedures for a Public Hearing and the City of Columbia Heights City Council and Planning COlmnission Public Meeting Guidelines. Harold Hoium stated appreciation for the Mayor reading the guidelines. He stated that packets should include staff reports. Motion to amend by Nawrocki, to replace Staff report from #1,2,3 and replace it with City Manager report in the City Council and Planning Commission Public Meeting Guidelines. Peterson called for a second. Motion to amend died for lack of a second. Discussion included Nawrocki's question of the definition ofthe word "strict". Peterson stated that someone has to be in charge, be it the Planning and Zoning Chairperson, the Housing and Redevelopment Authority Chair or the Mayor. Williams indicated there should be a work session to discuss this; to develop trust and to work as a team. It would be a mistake to vote now. Diehm stated that the strong language was approved in 1995. The item tonight is how to commit to work on it and to show respect to each other and to our citizens. This would be good to have for citizens to see and read, and expect to hear from their Councilmembers. Motion to amend by Nawrocki to strike the word "strict" fi:om the City Council and Planning COlmnission Public Meeting Guidelines. Second by Williams. Hoeft stated that "stIict" is what the presiding officer says it is. lfthe body does not like it, they can vote against it. Williams stated he would vote against this. He stated that communication comes as a team. Dielun indicated the vote was whether to remove the word "stIict" Upon vote: Kelzenberg, nay; Williams, aye; Dielun, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Motion to amend by Nawrocki to add language in #2 of "pro and con on reports, with altematives" to the City Council and Planning COl1Unis~~llublic Meeting Guidelines. City Council Minutes November 14, 2005 Page 12 of16 F ehst stated that in most cases this is already done. Peterson called for a second. Motion to amend died for lack of a second. Williams again asked for a work session to discuss tlns document, as it needs to be discussed at length. Peterson stated this is not controversial- it is just common sense. Peterson stated this can be passed so it is available to the public and if an item is questioned it can then be discussed at a work seSSlOn. Kelzenberg called for the question. Motion to amend by Nawrocki to remove "five minute speaking limit" fi-om the City Council and Plamnng COlmnission Public Meeting Guidelines. Second by Williams. Diehm stated that this is cunently included in every agenda and additional time is granted. Williams questioned ifhe would be allowed to give his five minutes of speaking time to another Councilmember. Hoeft stated this is for citizens addressing the Council. However if you have Councilmembers limited to 5 minutes and a member is stopped by the presiding officer, the body may vote to overrule and allow more time. Fehst stated that in all Ins time in this City a citizen has never been stifled. Upon vote: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Motion to amend by Nawrocki to remove "not to address an individual member" in the City Council and Planning COlmnission Public Meeting Guidelines. Peterson called for second. Motion to amend died for lack of second. Motion to amend by Nawrocki motion to strike #6, allowing no "further public COlmnent" in the City Council and Planning Commission Public Meeting Guidelines. Peterson called for second. Motion to amend died for lack of second. Motion to amend by Nawrocki to strike the words "avoid grandstanding" in the City Council Policy and Procedures for a Public Hearing. Second by Williams. Williams indicated that statesmanship can not be legislated. Diehm asked him what statesmanship means. Williams indicated listening to what others have to say. Diehm stated that Williams brought tlns document to Council, to get along, and now with pressure is questioning the document. Diehm stated that we have spent 45 minutes on seven simple rules - when we are cOlmnitting to get along. She stated that one of the rules is not to laugh when sharing feelings. Williams apologized for laughing. Sal Dileo, North Minneapolis resident, stated that this discussion was a waste ofthe cOlmnunity's time. Councilmembers should get down to business. Kelzenberg called for the question. Second by Diehm. Kelzenberg and Diehm retracted the motion and second so Mr. Sherohman could speak. Sherohman stated he was present and waitip.17atiently to discuss something positive for the City Council Minutes November 14, 2005 Page 13 of 16 cOlmnunity, but this was not allowing for a citizen friendly meeting and was disappointing. Nawrocki stated his opposition to holding the Citizen Forum at the end of the meeting, which is not citizen fiiendly. Sherohman stated he would have no problem waiting until the end of the meeting for Citizen Forum if the meeting would have ended an hour ago. Peterson indicated that it was not fair to those that follow procedure to place items on the agenda to wait for Open Forum items like the tree issue that take 45 minutes. Peterson stated that these guidelines would hasten meetings and keep a smile on our faces. Residents are always welcome to come up and speak. Hoium, resident, suggested Councilmembers be present at 6:00 p.m. to hear resident concerns and then begin the televised meeting at 7:00 p.m. Upon vote of the grandstanding amendment: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Kelzenberg called for the question. Second by Diehm. Upon vote: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion carried. Upon vote of the original motion: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion carried. 2) Adopt Elected Officials Out of State Travel Policy Fehst stated that as mentioned at a work session by Linda Magee, Assistant to the City Manager, a law was passed dUling this last legislative session requiring, by January I, 2006, the governing body of each statutory or home rule charter city to develop a policy that controls travel outside the state of Miunesota for elected officials. This would cover when travel is appropriate, applicable expense limits and procedures for approval of the travel. The policy was taken from the League ofMN Cities model. We do have a current policy for employees and Councihnembers. It basically states that requests brought be before the Council for training, networking, a meeting, operating in an official role, viewing a city facility or function, or bring back information to the City. If there are sufficient funds available, it would be approved. Dielun asked what was budgeted this year for out of state travel. F ehst stated he could get that infonnation, but if necessary the Council contingency fund could be used. Nawrocki stated the policy does not go far enough and should apply to staff and travel outside the metro area, requiring Council approval. Hoeft stated this is a Legislative requirement. Fehst read the proposed policy. Motion by Dielun, second by Williams, to adopt the Elected Officials Out of State Travel Policy. Motion to amend by Nawrocki, that #5 ofthe Elected Officials Out-of-State Travel Policy include all staff traveling outside of the state. Second by Williams. Williams stated this is specific to elected officials. Hoeft stated this is to comply with a State mandate. P.l8 City Council Minutes November 14, 2005 Page 14 of 16 Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 ayes - 1 nay. Motion to amend failed. Upon vote ofthe original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. 3) Addition to agenda - Budget Nawrocki stated the need for additional time to discuss the budget, specifically items that were not covered entirely at the last budget work session. Diehm questioned what was on the next work session. Fehst stated it was the budget summary and these items could be discussed along with add backs to the budget. There should be a future work session to discuss future liquor operations. The Truth and Taxation meeting will be December 5th. Motion by Nawrocki to meet on Tuesday, November 29, at 7 p.m. to fuliher cover budget items. Diehm stated she has a conflict on that date and would not be available. She suggested started at 5:30 on Monday, November 21. Nawrocki amended his motion to 5:30 p.m. on Monday, November 21. Second by Kelzenberg. Upon vote: All ayes. Motion carried. Nawrocki stated that the City newsletter does a disservice in not properly informing the public of the budget. He spoke of utility rates and increases, and home values. He encourage peopled to attend the Truth in Taxation meeting on Monday, December 5th. Nawrocki questioned all City funds and where City money goes and requested to see this infonnation during the budget process. ADMINISTRATIVE REPORTS Report of the City Manager . Reviewing the budget. . Discussion of $700,000 balance from last year, and possible application to redevelopment of Heritage Heights area. Nawrocki . Last year's balance should be used so there is no tax increase and residents should be returned funds they have been over charged. . Questioned why the home on Cleveland did not have an abatement hearing tonight. Hoeft gave the background of difficulty in locating the owner, which has been turned over to a title company. When the owner is found and notified, a hearing will be held. . Looking for the letter to Xcel on our comments. Fehst stated he is tlying to find the letter being referred to. Call the City Attorney in Minnetonka. . Asked for infol111ation to backup pelmit fee charges. Fehst indicated that the State was not going to require this information and asked for point of order of Council direction. He stated the fees are out of date and should be reviewed. LooJ.:ing at the past fee setting process is a waste of time. Requested the information as an individual. Fehst stated there is no written documentationfrom that time. The Attorney said there were meetings held. Hoeft stated that he discusses fees with staff on a regular basis relative to our costs. We are comfortable that current fees do not exceed the time spent on them. Motion by Williams to review pennit fees within the next year. Second by Kelzenberg. P.19 City Council Minutes November 14, 2005 Page 15 of 16 Nawrocki indicated he wants to see how the fees were set. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, nay. 4 ayes- 1 nay. Motion carried. Peterson stated he voted against tIns because he believes it is a waste of staff time. . Asked for names of patiies assessed for agreements without coming before Council. Received the addresses, but asked for the names. Fees strongly that we did not follow the proper procedure on these assessments. RepOli of the City Attomey - none CITIZENS FORUM Tom Sherohman, 4154 6th Street, and Board member of the Columbia Heights Public Library Foundation, stated there would be a Libraty Foundation fund raiser at the Columbia Heights Theater on Sunday, December 18th at 6:30 p.m., with a silent auction, showing the film White Christmas and featuring the Metropolitan Boys Choir. Sherohman requested interested parties to help organize a reunion of all past Columbia Heights graduates for April 30, 2006. There will be a "museum" set up in the senior center room from the old and new high schools. Hoium, resident, suggested a fonn for additions to the agenda. He listed several suggestions for improvements to our streets, Police Department, etc. COUNCIL CORNER Kelzenberg 10:50 . Commented on the positive referendum outcome. Williams . Invited everyone to the Holiday Kick Off Party- with pork shops, silent auction, raffle of a 4x4 ATV, entertaimnent, visit by the Vikings cheerleaders, Vem Gagne, and possibly Bud Grant. . COlmnented on the positive referendum outcome. . Group that traveled to our Sister City in Poland received national recognition in the Polish Joumal. . Excited to watch the development adjacent to Huset Park. . Pray for the peace and health of our citizens. Peterson . Encouraged everyone to attend the Holiday patiy. . Steve Antus is putting together a program with pictures and stories for Chatmel15 of the trip to our Sister City in Lomianki in Poland. . Don't take life to seriously and do a random of kindness Diehm . It is exciting to see the development happening in the industrial at'ea. Encouraged everyone to stop by and see it. . The Values First value for November is Cating - compassion and kindness. . Wished evelyone a happy Thanksgiving and holiday season. P.20 City Council Minutes November ]4, 2005 Page 16 of]6 Nawrocki . Concemed with city government and if we are doing the job we are supposed to be doing. RefelTed to an miic1e in Monday's newspaper of a CEO in St. Paul. Emphasized the need to work with our customers. Our product is service. ADJOURNMENT Peterson adjoumed the meeting at 11 :05 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.21 (~"___ "~ - "') -a"~ ..:... ;".: ~ \ ......... ...."l.". OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, OCTOBER 20,2005 7:00 P.M. COUNCIL CHAMBERS CITY HALL Call to Order The meeting was called to order by President Joseph Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Jim Johnson, Katy Korday, Scott Kyseth, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: None Members absent and unexcused: Nancy King, Clare Schmidt Council Liaison, Mayor Gary Peterson, was not present. Also present: Jim Hoeft, City Attorney; Bruce Nawrocki, COlmcilmember; Carole Blowers, Recording Secretary; Citizen Harold Hoium Approval of Minutes of July 21,2005 Motion by Commissioner Hartel, seconded by ConIDlissioner Sturdevant, to approve the minutes as submitted for the July 21,2005, meeting. Motion passed unanimously. Joint Meeting with the City Council/Charter Commission Scheduled for Tonight The following is the sequence of events leading up to tonight's meeting: . Following a motion made at the July Charter Commission, a request was immediately made to the City Manager and Mayor for a joint meeting with the City Council and the Charter Commission regarding wards/districts. . After various attempts to set a date, Charter Commission President Sturdevant got the date of October 20th agreed upon as the date for a joint meeting. . On September 26,2005, the City Council established a joint meeting ofthe Charter Commission and City Council for Thursday, October 20,2005, at 7 p.m. . Agenda packets for this joint meeting went out Wednesday, October 12,2005. . The Recording Secretary, City Manager, and Mr. Sturdevant were notified by the Mayor late on Monday, October 17, 2005, that at least two city council members could not make the joint Charter C011ID1ission/City Council meeting of October 20th. The Mayor felt that since not all council members could attend this meeting, a joint meeting should not be held, and he was canceling the council's part of the meeting. Therefore, the regular meeting of the Charter Commission would still be held. President Sturdevant stated he felt the joint meeting still could have been held with just three members of the city cOlmcil. (Note: The City Council work session scheduled for October 20,2005, at 5:30 p.m. was also cancelled.) Old Business Discussion on Districts/W ards This topic is ongoing from the past several c011ID1ission meetings. President Sturdevant asked ifthere Charter r.nmmission Octob(P. 2 2 2005 Page 1 was further infonnation that needed to be discussed regarding this topic from the agenda matelial provided to members. Commissioner Johnson stated that he was in favor ofthe map that showed Central Avenue and 44th Avenue as the dividing lines. Using this map, the population by quadrant would be as follows: NW- 4,550; NE-4,115; SW-4,911; and SE-4,994. This map brings the population figures more into line for each quadrant. He also stated that he was in favor of using either the word "district" or "precinct" rather than "ward". The City Attorney stated that input from the city council was desired on this subject, and that is why the joint meeting scheduled for tonight was asked for. There was discussion again about the Council liaison to the Charter Commission, Mayor Peterson, not being present at the meetings. Some members wanted to know how liaisons were picked. President Sturdevant stated that the Mayor and Councilmembers decide amongst themselves who wants to be liaisons to what boards/commissions yearly. Since Councilmember Nawrocki was present at this meeting, President Sturdevant asked him for his comments on this topic. Nawrocki stated that this is not a new subject; it was discussed several years ago. He stated that he was in favor of this change years ago. For a candidate, he could see where this would be desirable. However, he feels with council positions being at large, councilmembers are more answerable to the whole city, and it does not make the council less responsive. Citizens can call or write to five people with a concem. Commissioner Buboltz also brought up the issue of expanding the council. Commissioner Hartel stated he could see the council expanded by at least two more people. Commissioner Laine stated we could have four districts and have two members rmming at large, plus the Mayor at large. President Sturdevant stated that the Mayor's tenn should stay at two years, since that position is in control of the Police Depaliment. He felt councilmember terms should stay at four years. Many felt three positions could be elected one year and four the next. Commissioner V ogtman stated there are pros and cons to this issue. If someone does not run in a precinct or ward, a wlite-in person could win with just 5 or 10 votes. He cited that it would be costly to redistrict due to changes in population, and population changes will continue to happen for years with the development/redevelopment going on in the city. We could have an increase of 800 people in one year. (We know that a specific percentage in population differences between wards is allowed per state statutes.) He felt that a lot of hum all energy and money could be spent on this issue and questioned if this would this be the best use of both. Perhaps working on blighted areas of the city would be more impOliallt. He also WalltS to vote for the most qualified people who are running for council. hl hearing additional comments from commission members, he felt he would be in favor of adding more people to the city council. This was after consideration of some councilmembers lUnning at large as well as by district. He also realized that having wards would be better for candidates that lUn because it would be less expensive for them. Commissioner Hartel stated that we have made several changes to the chalier over the years, and we have even had things on the ballot. All these things take a lot of time, work, and money, but this is what we are here for-to propose changes as needed or wanted. Commissioner Johnson felt more people would vote if there were districts. He asked Councilmember Charter r.ommission OctobeP. 2 32005 Page 2 Nawrocki if he ever lost in his own precinct, to which he stated yes. Johnson also inquired if Nawrocki ever canied every precinct. President Sturdevant stated that the number of places to go vote would go down from eight to four. Right now, there are some instances where two precincts are held in one building. Dividing the city into wards/districts will not make it any filliher distance for people to go vote. Councilmember Nawrocki stated that what really gets people out to vote is the Presidential race. In all other elections (from state on down to city level), fewer and fewer people tum out to vote. He also stated that most of the issues that come before the council relate to large areas of the city, not specific areas. Commissioner Laine stated that if you have money, you can run. If you don't, it makes it more difficult or impossible. The concem of not every having every area represented is still a common comment. President Sturdevant asked cOlllinission members if they wished to proceed on this issue or not. That is what must be decided. Motion by COlllillissioner Buboltz, seconded by ConIDlissioner Johnson, to direct the City Attomey to prepare proposed language for a charter change to reflect: . adding two at-large councilmembers · dividing the city into four quadrants using dividing lines of 44th Avenue and Central Avenues and · keeping the Mayor's tenn at large and for two years. More discussion ensued. Concem was expressed about the growing population in celiain sections of the city. With development in the SW quadrant (the Industrial Park area), an increase in population from very little to possibly 200 to 400 new homes could make a big difference in that quadrant. Population totals could also rise anywhere from 380-400 people in the NE quadrant due to the addition of The Lofts. There are other possible sites that could change quadrant totals slightly. Some commission members felt that dividing these lines to adjust for these increases in population could become political. It is realized that there would also be pads of the existing charter that would have to be amended or added to relating to elections, the division of the city into four sections, and the addition of city council members and the staggering of those terms. Commissioner Haliel suggested that an addition to the above motion to include that the Chmier Commission will oversee the redistricting boundalies if and when needed. Commissioners Buboltz and Johnson both agreed to this amendment. It was then questioned about the locations in the city where all Charter Commission members live. President Sturdevant stated that our commission members are scattered through the city, and they are appointed by the Chief Judge. Councilmember Nawrocki asked how this change would be implemented, mld would it be taken to the vote of the citizens. Commissioner Laine wondered how would the temlS be staggered: would all at large candidates be voted upon one year and all regular candidates from wards voted upon at once or what? Would all at-large candidates be voted on dming the years of presidential elections or get more people to vote or what? She Charter C.ommission OctobEP, 242005 Page 3 also questioned if we would have to move the boundary to 43rd Avenue to get a better balance in certain quadrants based on projected increases in population of some areas of the city. Commissioner V ogtman stated a transition schedule would be needed. To get more input on these types of things, perhaps the City Council would be willing to meet jointly with the Charter Commission in January. Voting no: Abstain: Absent: President Sturdevant called the question and asked for a roll call vote: Voting yes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Korday, Kyseth, Laine, Patiuk, Ritzko, Sturdevant, Sturdevant None Vogtman King and Schmidt Motion passed. Commissioner Hartel stated that with the city council canceling out on tonight's meeting, it showed no respect to the Charter Commission. We put forth a good faith effort; a meeting was set and approved by the council; and at the last minute they cancelled out. Commissioner Buboltz stated that even if only three councilmembers could have met with the Charter Commission, the joint meeting could have been held. The attendance and comments of Councilmember Nawrocki tonight were appreciated by the Charter Commission members. Other Topics of Discussion Status of Chapter 7. Section 72. of the City CharterPertainine to Bonded Debt/Debt Limit The Recording Secretary stated that on August 8, 2005, the City Council held its first reading on Ordinance No. 1492, amending Chapter 7, Section 72 of the City Charter pertaining to bonded debt and debt limit. On September 12,2005, the City Council held its second reading on the above ordinance. The change will become effective 90 days from then. Annual Board/Commission Recoenition Dinner The annual board/commission recognition dinner will be held on Wednesday, December 14,2005, at Murzyn Hall. Hors d'oeuvres will be served at 6 p.m., and dumer is planned for 6:30 p.m. Invitations will be sent in the near future. Inappropriate Behavior at Council Meetines/Elsewhere Commissioner Laine brought up the last city council meeting of October 10th where the Mayor read a letter about the inappropriate behavior of a councilmember outside of a council meeting. Her concems were about the city being sued for a hostile/abusive work environment. The City Attomey stated problems with a hostile/abusive work environment are handled by state and federal laws, not at the Charter Commission level. He stated that behavior at some of our council meetings may be disrespectful, but it is not abusive or hostile. Other cities have councils that display a lot worse behavior than ours. As the Mayor and Councilmembers are considered "employees", they are covered by the city's personnel policies that are in place. The letter referred to above was written about the President of the HRA. The mayor read a portion of the letter at the October 10th city council meeting. The letter basically states that the managing company of Charter Commission OctobeP. 2 52005 Page 4 Parkview Villa (Walker) wrote a letter to the Community Development Director, stating that they are not getting enough money for their services, and that they felt there was mistreatment of their employees by the President of the HRA. Commissioner V ogtman called for a point of order, as this item is not in the realm of this commission. Councilmember Nawrocki stated that the Mayor read a part of that letter on October 10th, and then he adjoumed the meeting without him being able to say anything. He stated there were inaccuracies in the letter which will be discussed at an upcoming HRA meeting. He cOlmnented that the Walker manager did not have prior experience in working with senior citizens. He wants our residents at Parkview being treated properly. Regarding their complaint on not getting enough money for their services, they bid on this contract themselves, and Nawrocki stated he actually voted for them to get the contract. Next Meeting Date The next regular Charter Commission meeting date is January 19, 2006, at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner Hartel to adjoum the meeting at 8:27 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission OctobeP. 2 62005 Page 5 S-A -)-b Park & Recreation Commission November 10,2005 1 City of Columbia Heights Park and Recreation Commission October 26, 2005 Eileen Evans called the meeting to order at 6:05 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Gary Peterson; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Absent: Jerry Foss APPROVAL CONSENT AGENDA Motion to approve revised consent agenda with changes by Stroik; second by McDonald. All ayes, motion carried. LETTERS AND REQUESTS None at this time. OLD BUSINESS NOVEMBER COMMISSION MEETING The next Park and Recreation Commission Meeting will be on Tuesday November 22 because of the Thanksgiving Holiday. NEW BUSINESS 2006 RECREATION & MURZYN HALL BUDGET Recreation Director Windschitl advised the commission that in the following Budget meeting he would be stating that the 2006 budget has an increase of $1556.00. The 2005 adopted budget vs. the actual 2004 budget increased by 14.7%; this is largely due to the 2 full time positions that were vacant in 2004. The salary ofthe Recreation Program Coordinator has bee allocated across four budgets to reflect the specific areas that are affected by tIus position. The four budgets include Youth Emichment, Adult Athletics, Youth AtIlletics and Traveling Athletics; with Youth Emichment showing an increase and the other tI1ree showing a decrease. Commission Member Stroik asked if the rates for Murzyn Hall would be increasing or staying the same for next year. Windschitl said that the rates would be discussed at the next commission meeting. P.27 Park & Recreation COlmnission November 10,2005 2 HOLIDA Y KICK-OFF PARTY The annual Holiday Kick-off Party will be on November 26th. Windschitl Stated that in the past we have waived the regular rental fee and charged for other costs such as secmity and linens. The fees were waived because the monies raised dming this event go towards the Activity Fund, which benefits the community. Motion by Payne to reserve the date of November 26th for the Holiday Kick-off Party with the fee waived, charging for the security officer. Second by Greenhalgh. All ayes, motion c3nied. REPORTS PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer Hansen first reported on the storm damage that OCCUlTed in the city parks on September 21. Out of approximately 100 trees down in the Public areas of the city, half were in the public parks. A family member of the Gauvitte name contacted Public Works in regards to placing a rock with a plaque at the park to recognize the Namesake of the Park, through the Gauvitte family. This would be fully paid for by the family. Hansen suggested for the family to present a request to the commission at the next meeting. A company has been found who have remodeled a wading pool in Minneapolis for less money than prior estimates. Their proposal would remodel the wading pools to meet the current state code. More information will be available at the next meeting. The Parks 2006 budget is projected at $711,000, roughly the same as the previous year. Regarding fuel prices the City saves between $0.25-0.30 because they pay State tax but not Federal tax on gas. The same ice rinks will be open as last year but the wanning houses will not be staffed. Annual increases are projected to PER, to cover for projected shOlifalls in the Coordinated Plan. The budget is actually decreased even thought the dollar amount is remaining the same as departments are absorbing increases such as fuel, inflation and contracts. The department would like to give seasonal employees a raise; they have not received one in a few years. Commission Member Stroik asked about the cost of Health Insmance, Hansen replied that it would remain the same or see a slight decrease. The department has been operating on a flat budget for several years and absorbing the persOlmel increases. Commission Member Evans asked about increasing property insmance, Hansen said there is no impact on this budget for that. Commission Member Greenhalgh asked about the installation of lights at Prestemon Park, Hansen suggested presenting the issue to the City Council for authorization to prepare an Engineering Report for the installation. COMMISSION MEMBERS Commission Member McDonald reported that the resurfaced trail at Sullivan Park turned out very nice. P.28 Park & Recreation Commission November 10,2005 3 Conunission Member Evans asked about the grass seeding cost on the expense report. Public Works Director/City Engineer Hansen said that there has been seeding done at Silver Lake Beach. Evans also asked who would be picking up the cost for the brush removal after the storm and what happened if residents took advantage of that service by putting other cut down brush that was not affected by the storm. Hansen said the City is picking up the cost and that there was no way to differ between brush that had to be removed due to the storm and other brush that residents may have cut down on their own. ADJOURNMENT Eileen Evans adjourned the meeting at 6:45 p.m. Deanna Saefke Recreation Clerk Typist II P.29 5-A -2- C COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES November 1, 2005 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those members present were Patricia Sowada, Nancy Hoium, Barbara Millet, Bruce Kelzenberg, Catherine Vesley, and Becky Loader. Lynette Thomsen was not present. It was moved, seconded, and passed to approve the minutes ofthe October 5, 2005, Board meeting as mailed. The minutes of the joint City Council/Library Board budget meeting of October 5, 2005, were reviewed. Bill list dated 11/14/05 was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. Election of officers was held. It was moved, seconded and passed to accept the following slate of officers. Chair: Barbara Miller Vice Chair: Patricia Sowada Secretary: Catherine Vesley The term for these officers will expire in 2007. Old Business: 1. Update on Wi-Fi was presented. Three different vendors have made presentations. There is a question concerning filtering. The Board would like a banner to be put up on the front of the building, similar to the A1miversary banner, which would announce that Wi-FI is available here, once the system has been installed. 2. There was water damage from the storm of 10/4/05 on the lower level, when the drain in the front stairwell overflowed. Public W orles responded immediately and cleared the drain. DuAll was contacted to extract the water from the carpeting and responded the same day. No materials were lost. 3. 2006 proposed budget update was discussed. The list of possible items to be added back into the budget was reviewed and prioritized. The Board prioritized the following 11 items: 1) 3050 ExpertlProfessional services, 2) 2180 Books, 3) 2181 Periodicals, 4) 2171 General supplies, 5) 2170 Program supplies, 6) 5120 Maintenance, 7) Volunteerrecognition, 8) 5170 Office equipment, 9) 2186 Storytime media, 10) 3105 Training and education, 11) 3310 Local travel expense. These items will be submitted to the City Council. 4. Maintenance and upkeep expenditures were reviewed to be included in the list of possible items to be added back into the proposed Library Budget for 2006. 5. Landscaping plan from Public Worles was reviewed. General Buildings will fund the project, and the design plans were shared with the Board. 1 P.30 New Business: 1. Pat Sowada shared the pictures from her visit to Lomianki, Poland, and gave a report on her experience there. Pat presented the Lomianki Library Director with 2 books from the Columbia Heights Library. She, in turn gave 3 books to be added to the Columbia Heights Public Library collection. Two children's books written in Polish and a book of poems that included Polish, German and English languages. 2. It was moved, seconded, and passed to transfer $500.00 from line item 2170 (program Supplies) to line item 2011 (Computer Equipment). 3. The Board reviewed property tax data table from Minnesota Cities publication. 4. The Learning Levy fact sheet about the upcoming Referendum was reviewed. 5. PC management was discussed. Becky has attended several meetings about the system that will replace Netshift. The Internet browsers are affected by this change, and due to memory and speed issues a couple of the terminals will require replacement. Becky will meet with Heather and Aleksandr to discuss what needs to be purchased and what changes will be required. The equipment will be purchased in 2005 and installation will occur at a later date. The intention is to combine cabling for both PC management and Wi-fi at the same time. Northtown branch of Anoka County Library is scheduled to change over to PC management the week of December 19th. 6. A brochure about upcoming discussion groups, concerning the vision for library service in Minnesota was distributed to the Board. There being no further business the meeting was adjourned at 8:00 p.rn. Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 P.31 5- f-\-)-d H~l:HE~Sl~ t;lIrJ1J:rI~;3 t;J()rr ll~PIrr~()\lE[J !;9 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 7,2005 Chairperson Carlson called the meeting to order at 6:00 p.m. I. ROLL CALL Members Present: Anderson, Carlson, Goodman, Stumpf, Sturdevant Staff Present: Kathy jean Young, Assistant City Engineer Tom Johnson, Police Chief Council Liaison: Bruce Kelzenberg II. APPROVAL OF OCTOBER 3, 2005 MINUTES Motion by Goodman, second by Sturdevant to approve the minutes of October 3,2005. Motion carried unanimously. III. OLD BUSINESS A. PUBLIC HEARING TO INSTALL "STOP SIGNS" ON MADISON STREET AT 43RD AVENUE. At the October meeting, the Traffic Commission called for a Public Hearing to install "stop signs" on Madison Street at 43rd Avenue. Property owners within 300' of the intersection were notified of the hearing and the hearing notice was published in the Focus Newspaper. Chief Johnson reported accident records from 2003 to the present and found three to four accidents each year. He also reported that several of the accidents involved persons with suspended licenses or poor driving records. The visibility is limited because ofthe landscaping on the north side of the intersection. The hedges are trimmed in accordance with the City's visibility ordinance. The intersection was reviewed by the Traffic Commission during May and June of 2003. At that time the accident record did not support stop signs and the request was denied. Since then there has been a sharp increase in the number ofrepOlied accidents. Traffic on 43rd Avenue is required to stop on Monroe Street and Jefferson Street. Kathy Schadendorf, 4325 Madison Street, stated that she automatically slows up at this intersection for self preservation. P.32 Official Proceedings Columbia Heights Traffic Commission November 7, 2005 Page 2 Donna Steman, 4310 Madison Street, stated she has seen accidents at this intersection. She drives very cautiously as she approaches this intersection as if there is a sign up already. The intersection definitely needs stop signs. Sally Stark, 4309 Madison Street, indicated that she is in favor of stop signs at this intersection and urged the Commission to support the request. Matthew Browne of 4301 Madison Street who Oliginally requested stop signs on 43rd Avenue at Madison Street at the August Traffic Commission meeting, agreed with those present that signage was needed at this intersection. Kristine Koury, 4256 Madison Street, stated she had seen accidents at the intersection and stop signs are definitely needed. Motion by Sturdevant, second by Anderson to recommend the City Council install "stop signs" on Madison Street at 43rd Avenue. Motion carried unanimously. B. REQUEST TO DESIGNATE ONE SIDE OF FILLMORE STREET AS NO PARKING DURING SPECIAL EVENTS AT THE HIGH SCHOOL. At the October meeting, Mr. Jon Brunsvold requested the Traffic Commission review the parking on residential streets during special events at the high school. The concern is access for emergency vehicles when vehicles are parked on both sides of the street. Like many streets in Columbia Heights, Fillmore is 30' wide between the face of the curbs. Typically, 8'-9' is allowed for parking on each side which still leaves a 12'-14' travel lane. While this restricted travel lane is inconvenient for area residents, it is wide enough for emergency vehicles to get through. Public Works staff is not in favor of temporary "no parking" situations. These are difficult to coordinate, post and enforce. Commissioner Anderson indicated he agreed that such a temporary no parking situation would be a problem for the City to enforce. P.33 Official Proceedings Columbia Heights Traffic Commission November 7,2005 Page 3 Motion by Carlson, second by Stumpf to deny the request to restrict parking on Fillmore Street during special events at the high school. Motion calTied unanimously. During the October meeting, residents also commented that on-street parking during the school day continues to be a problem. Chief Jolmson suggests the Traffic Commission consider "Two Hour Parking During School Days" on the following streets: Fillmore Street, 49th Avenue to Pierce TelTace 50th Avenue/Buchanan Place, 1180 50th Avenue to 1332 Buchanan Place Lincoln TelTace, 1215 Lincon TelTace to 1421 Lincoln TelTace Molan Terrace Commission members felt that a survey of property owners in the area should be conducted to see if there would be support for such a restriction. Motion by Anderson, second by Goodman, to direct staff to conduct a written survey of property owners in the area outlined above to see if there is suppOli for "two hour" parking restriction on school days. Motion carried unanimously. IV. OTHER OLD BUSINESS None. V. NEW BUSINESS None. VI. OTHER NEW BUSINESS None. P.34 Official Proceedings Columbia Heights Traffic Commission November 7,2005 Page 4 VII. REPORTS A. CITY ENGINEER The Volunteer Recognition Dinner will be at Murzyn Hall on Wednesday, December 14,2005. B, POLICE CHIEF C. COMMISSIONERS Commissioner Carlson noted that a left tum lane has been installed on Stinson Blvd. from 38th to 40th Avenue. Staffwas unaware that there are three lanes on this stretch of Stinson Blvd and will check with St. Anthony and report back to the Commission at the next meeting. Staff was asked to check on a boulevard tree planted by a resident at the comer of 48th Avenue and 5th Street. VIII. ADJOURNMENT Motion by Sturdevant, second by Stumpfto adjourn the meeting at 6:45 p.m. Res_pectfullY. sUbmittedd, /" J ( , ( , ;" / J~~;:rV J .VL~. Traffic Commission Secretary P.35 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 28, 2005 AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: ADMINISTRATION ITEM: Establish Executive Work Session Meeting Date - Dec. 5, '05 NO: BY: Walter R. Fehst DATE: November 18, 2005 BY: DATE: It is suggested to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations on Monday, December 5, 2005 in Conference Room 1, immediately following the Truth and Taxation Hearing. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations on Monday, December 5,2005 in Conference Room 1, immediately following the Truth and Taxation Hearing. COUNCIL ACTION: P.36 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: i::- A u -)--, ITEM: RESOLUTION INCREASING INCOME GUIDELINES MEETING OF: November 28,2005 ORIGINATING DEPT: CITY MANAGER FINANCE APPR~~ A~~ BY: JOE KLOIBER BY: ;{, ,~ ' DATE: NOVEMBER 17,2005 NO: Income eligibility guidelines for senior citizen utility rates are established on an annual basis, The 2005 maximum income eligibility level was set at $24,200. Attached is a resolution establishing the year 2006 maximum income eligibility level at $25,200 to receive reduced senior citizen rates in the year 2006. The formula used is the maximum Social Security benefits for an individual at full retirement age, plus 4% rounded to the next even $100 increment. For the year 2006, the maximum Social Security benefit for an individual at full retirement age is $24,222. The 4% adjustment to this figure in the City's eligibility level allows for $978 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly low-income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading ofthe resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2005-79 being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. JK:sms 0511 1 72COUNCIL COUNCIL ACTION: P.37 RESOLUTION NO. 2005 - 79 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $25,200 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1,2006. Passed this day of , 2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 0511172COUNCIL P.38 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: S-A-5 ITEM: RESOLUTION 2005-82, ACCEPT 2005 GIFTS TO THE CITY OF COLUMIA HEIGHTS NO: 2005-82 MEETING OF: NOVEMBER 28, 2005 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL BY: JOSEPH KLOIBER DATE: NOVEMBER 16,2005 Staff requests that the City Council adopt a resolution accepting gifts made to the City during 2005, subject to the terms prescribed by the donors. The primary intent of this resolution is to comply with Milmesota Statute 465.03 Gifts to Municipalities, which requires municipalities to accept gifts by a resolution approved by at least two-thirds of the City Council. The City received an audit fmding in both its 2003 and 2004 annual audit reports regarding noncompliance with this statute. It should perhaps be noted that State statute prohibits the City from accepting gifts with religious or sectarian purposes. Staff recommends the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-82 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-82 being a resolution to accept 2005 gifts received by the City of Columbia Heights. COUNCIL ACTION: P.39 RESOLUTION NO. 2005-82 ACCEPT 2005 GIFTS TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, The City Of Columbia Heights has received the following gifts; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City Of Columbia Heights accepts the these gifts, subject to the donor-prescribed terms listed below: DATE DONOR 2/25/05 NORLING/JOYCE SUBTOTAL FUND 412 CAPITAL IMPROVMENTS-PARKS 8/11/05 CENTERPOINT ENERGY 6/6/05 KREMER & DAVIS, INC. 9/13/05 MAXTON/MARY & ROBERT W13ffi5 ANONYMOUS 9/29/05 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 3/21/05 MIDWEST BOOKHUNTERS 3/11/05 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 3/11/05 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 5/9/05 THE FLANARY GROUP, INC. 3/11/05 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 3/11/05 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 8/8/05 ANONYMOUS 4/25/05 SHIKADER/AMANDA 10/18/05 COLUMBIA HEIGHTS POST 230 11/14/05 COLUMBIA HEIGHTS POST 230 6/15/05 FIRST LUTHERAN CHURCH 6/15/05 FIRST LUTHERAN CHURCH 4/5/05 ATTENDEES AT FUNDRAISER 4/6/05 CHIODO/DIANA & PETER SUBTOTAL FUND 881 CONTRIBUTED PROJ - GENERAL 4/12/05 AMERICAN LEGION 6/23/05 COLUMBIA HEIGHTS LIONS CLUB 6/23/05 NORTHEAST BANK 6/23/05 COLUMBIA HEIGHTS POST NO 230 6/23/05 FIRST COMMUNITY CREDIT UNION 6/23/05 THE KORDIAK COMPANY 6/23/05 CREST VIEW LUTHERAN HOME 6/23/05 AMERICAN LEGION 6/1/05 COLUMBIA HEIGHTS POST 230 2/7/05 SPORTS STAR PHOTOGRAPHY 10/11/05 NATIONAL RECREATION & PARK 2/17/05 THE KORDIAK COMPANY 2/17/05 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 2/22/05 NORTHEAST BANK 3/15/05 AMERICAN LEGION 5/24/05 COLUMBIA HEIGHTS POST 230 5/25/05 COLUMBIA HEIGHTS LIONS CLUB 5/27/05 WASHBURN-MCREAVY ~1~05 SLUMBERLAND SUBTOTAL FUND 883 CONTRIBUTED PROJ- RECREATION TOTAL OF ALL FUNDS PAD AMOUNT PURPOSE 570.00 PARK BENCH 570.00 500.00 COMMUNITY DEVELOPMENT-INTERN 50.00 FIRE DEPT ACTIVITIES 100.00 FIRE DEPT ACTIVITIES 100.00 FIRE DEPT-OPEN HOUSE 500.00 FIRE DEPT-OPEN HOUSE 300.00 LIBRARY-ADULT BOOKS 1 00.00 LIBRARY-ADULT READING CLUB PRIZE~ . 1,500.00 LIBRARY-ADULT SPOKEN WORD CDs 100.00 LIBRARY-AMERICAN GIRL PROGRAM 200.00 LIBRARY-BILINGUAL JUVENILE BOOKS 200.00 LIBRARY-BILINGUAL JUVENILE DVDs 22,122.36 LIBRARY-CAPITAL IMPROVEMENTS 10.00 LIBRARY-PROGRAMS AND SERVICES 130.00 PARKVIEW VILLA RESIDENTS COUNCIL 130.00 PARKVIEWVILLA RESIDENTS COUNCIL 450.00 POLICE DEPT ACTIVITIES 100.00 POLICE DEPT ACTIVITIES 1,177.10 POLICE-CIVILIAN EMERG RESP TEAM 79.00 UNSPECIFIED 27,848.46 300.00 DINNER THEATRE 1,000.00 FIREWORKS 100.00 FIREWORKS 1,000.00 FIREWORKS 150.00 FIREWORKS 20.00 FIREWORKS 50.00 FIREWORKS 1,000.00 FIREWORKS 350.00 JAMBOREE 884.68 RECREATION 100.00 RECREATION 25.00 SENIOR PROGRAM 1,000.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 300.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 50.00 SENIOR PROGRAM 100.00 SENIOR PROGRAM 150.00 YOUTH ATHLETICS 6,829.68 35,248.14 Passed this 28th day of November, 2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.4l CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: .5-A-1n FINANCE APPROVAL ITEM: RESOLUTION 2005-83, AMEND BY: JOSEPH KLOIBER B~~ ~ RESOLUTION 97-34 IN REGARD TO THE ..' ,/;~-q~ USE OF BUILDING PERMIT FEES DATE: NOVEMBER 21,2005 '/ .. " NO: MEETING OF: NOVEMBER 28, 2005 The main purpose of Resolution 97-34 was to establish a fee schedule for building permits and other construction permits. However, one paragraph within resolution 97-34 required setting aside 20% of building permit revenues in a special redevelopment fund. Staff requests that the City Council to adopt a resolution discontinuing this particular practice, for the following reasons. This special redevelopment fund has two stated purposes, the first of which is to pay for the razing of deteriorated, unsafe, substandard and/or vacant buildings. Subsequent to the passage of Resolution 97-34, state law regarding building permit fees changed, prohibiting this first purpose. Mi1111esota Statute 462.353 subdivision 4 now reads in pari, "...A municipality shall adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected. " The second purpose of the fund is to pay for excess expenditures incurred in the overall operations of the Inspection Department. In the opinion of current city staff, this second purpose would be better achieved by simply recognizing all of the permit fees in the same fund as the inspection expenditures, instead ofthe practice required by Resolution 97-34. As background information, it can be noted that as of December 31, 2004, the special redevelopment fund created by Resolution 97-34 amounted to $273,337. Staff recommends the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-83 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-83 being a resolution to amend Resolution 97-34 in regard to the use of building permit fees. COUNCIL ACTION: P.42 RESOLUTION NO. 2005-83 AMEND RESOLUTION 97-34 IN REGARD TO THE USE OF BUILDING PERMIT FEES WHEREAS, The City Council of the City of Columbia Heights passed Resolution 97-34 on May 12, 1997, and WHEREAS Resolution 97-34, in part, requires setting aside 20% of building pelmit fees in a special redevelopment fund designated to pay for inspection activities and/or non-inspection activities (a.k.a. "The Abatement Fund"), and WHEREAS, the Milmesota State legislature subsequently revised Milmesota Statute 462.353 subdivision 4 (effective January 1, 2002) to require municipalities to adopt management and accounting procedures to ensure that building permit fees are maintained and used only for inspection activities, NOW THEREFORE BE IT RESOLVED that the requirement within Resolution 97-34 to set- aside 20% of building permit fees in a special redevelopment fund designated to pay for inspection activities and/or non-inspection activities (a.k.a. "The Abatement Fund") is discontinued, effective January 1, 2004. Passed this 28th day of November, 2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City ClerldCouncil Secretary P.43 CITY COUNCIL LETTER Meeting of November 28,2005 AGENDA SECTION: Consent 5 ~ A -1 NO. ITEM: Transfer of Funds from General Fund to Police NO. Dept. Budget to Reimburse Overtime Fund ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso DATE November 21,2005 BACKGROUND During the past four months, the Police Department has been involved in off duty employment details handled through the department. These details were a security detail at Unique Thrift Store and Columbia Heights High School activities, Since this type of off duty employment is handled through the department, officers have signed up and worked these details since October 20, 2005 and we have received a check from the following entities: Unique Thrift Stores $1,034, and Columbia Heights School District $3,137.25. Thismoney is considered revenue and was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting the City Council pass a motion requiring the $1,034 received from Unique Thrift Stores and the $3,137.25 received from Columbia Heights School District be retumed to the 2005 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $1,034 received from Unique Thrift Stores and $3,137.25 received from Columbia Heights School District-a total of $4, 171.25-from the General Flmd to the Police Department 2005 budget under line #1020, Police Overtime. TMJ:mld 05-218 COUNCIL ACTION: P.44 City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson //iZ) From: Captain William J. Rod~ Subject: Overtime Transfer Date: November 18, 2005 Attached is a list of the overtime re-imbursement received from October 20th through November 18t\ 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 # 039 DATE 11-07-05 AMOUNT $1034.00 Columbia Heights Highschool Activities INVOICE # DATE 033 10-20-05 034 10- 20-05 037 11-07 -05 AMOUNT $ 141.00 317.25 2679.00 4171.25 Total Amount to be transferred to OT Account $4171.25 P.4S INVOICE Columbia Heights Police Department Date: November 7,2005 Invoice #: 2005-039 Customer Name: Unique Thrift -Attn: Mike Address: 2201 3ih Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: Police Officers for: October 2005 Sat. 10-01-05 1715-1845 Ok 1.5hrs p)\' Tue. 10-04-05 1200-1600 Sc 4hrs Sat. 10-08-05 1200-1600 Ok 4hrs Mon. 10-10-05 1045-1545 Bo 5hrs ( (~ 1730-1830 Ok 1hrs \ Sat. 10-15-05 1200-1600 Wi 4hrs Tue. 10-18-05 No Officer Sat. 10-15-05 1700-1930 Sc 2.5hrs BILLING INFORMATION Number of Officers: 7 Hours: 22 2005 OT Wage is $47.00 hr. Holiday Premium Rate is $62.66 hr. Total Due: $1034.00 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department, 559MilIStreetNE,ColumbiaHeights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: ~o 3et 02. Off Duty: Amount Received: Date: ;(- I Y-"'OS'- .4 / z:L........./ PA 6 ~'LfOr~G -.. Nash Sales, Inc. ..... DATE INVOICE NO COMMENT 11/07/05 2005-039 - , , ... AMOUNT 1,034.00 C~2CK: 010560 11/15/05 City of Columbia Heights PAY TO THE ORDER OF: Nash Sales, Inc. 1387 Cope Ave. E. Maplewood, MN 55109 (651) 773-8077 Anchor Bank North St. Paul, MN 75-882-960 *ONE THOUSAND THIRTY FOUR DOLLARS AND NO CENTS City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 1110 ~O 5 bOlla 1:0 g booaa 251: g 7 g SO L, gill P.47 010560 DISCOUNT NET AMOUNT .00 1,034.00 CHK TOTAL: 1,034.00 010560 DATE 11/15/05 AMOUNT *****1,034.00* /. i I .~. v , > , y' I A /" C' L/ _h' . ../ ~. ~ INVOICE Columbia Heights Police Department Date: October 20, 2005 Invoice #: 2005-033 CustornerName: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn:'Betty Thomas Work Phone: 528-4601 Request for: School Dance Police Officer for: Homecoming Dance LJE:! 10-14-05 2100-2400 (3 hrs) Corporal L. Okerstrom r BILLING INFORMATION Numb;er of Officers: 1 Hours: 3 OT Billing Wage is $47.00 per hour. Total Due: $141.00 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 Officer(s) on Duty: Off Duty: Amount Received: Date: P.48 v~NUUHNUMB~H VENDOANAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS ChEei'- iJA I C- 11/10/05 ChEGK ,~u. 00123175 DA,:: !NVOICE NUMBER ,,,,,005 -,J23 12005 - 034 2005-037A i I i ! I DESCRIPTION P.O. NUMBER AMOUNT 141.00 l.1./Uo</U:, E/09/05 :"::'/09/05 317.25 2,679.JC ;:~ :: C~" C?:::OL"lJC1B:i:A E-iE:::GHTS ?C~IC; ~EP?~T~ENT TOTAL\MOUNT P.~lD ~ - -- -- . . - -/--"-- ==9 ~:~~ S~R~E~ ~E C:LL~==~ ~SIGrt~SI MN 5542l ~ 1 ~: .....-1.... ~::: $-f ~ -t~!. t.......,: ~I.~~" ..III; I:: II: I:.~ +'I ~ {t1;: 'J i S I ~! 1'-- :f.t~~4:1.~'""1;jlaJll;';.:.1,,::~!~'1.:.1..!I'}...~::~.!~'I':;\'.afl'/~ '1:::~;' f'.~~I: ~~~ 75.1592 INDEPENDENT SCHOOL DISTRICT NO. 13 1440.49TH AVENUE N.E. COLUivlBIA HE;GHTS, MINNESOTA 55421 [!!;jbank. CHECK DATE CHEC;< ~.JC. 312 203 T~ird Street Northwest East t3rand Forks. MN 56721 11/10/05 123175 **">\"**'1r"J,lJ7 Dc~:~~s ~_ =2~=S ,=~-=,-='( .'::';..jlC:'!_';"i7 52,2.3"7.== - -'-''--=.- '.==T-: G? CQL~[v1E:_~a 3:E:!:;;::'S 559 :1!L~ ST~~ET ~E [~ .~':'':'~T: :;;,:;:.:C::: ~'EP~;?,.'::.!::::~':' ::=:'~;/!3=;"~ :i:=::3ri7S, ;/1':,1 ::~-::.::_ III ~ 2 j ~ 7 5 III I: 0 9 ~ 2 ~ 5 9 2 7 I: ~ 5 2 ~ 0 0 0 0 7 b 2 3111 P.49 ~ f---...... '....IL INVOICE Columbia Heights Police Department Date: October 20, 2005 Invoice #: 2005-034 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: 2 Police Officers for: Homecoming Football Game 10-14-05 1830-2100 (3 hrs) 1830-2215 (3.75 hrs) Corporal L. Okerstrom Corporal P. Bonesteel BILLING INFORMATION Number of Officers: Hours: 6.75 2 OT Billing Wage is $47.00 per hour. $317.25 Total Due: Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department. 559 Mill StreetNE. Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: P.50 " .if "";t' j /'-" ,3 VENDOR NUMBER VENDOR NAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS DATE INVOICE NUMBER 5-033 2005-034 2005-037A n/09/05 . n/09/05 DESCRIPTION CHECK DATE 11/10/05 P.O. NUMBER CHECK NO. 00123175 AMOUNT 141.00 317.25 2,679.00 P;\IC -;-0: 3,137.25 CITY OF COLUMBIA HEIGHTS' POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55~21 TOTAL AMOUNT P,l\lD ~ I;: !--..-{SoI ~ I =:Oi ~.t:,~ ~"f~ 1:a{e J '-01: I = II =f.:.{*'t ~{c1; {II U I (I J ~: ,~~ ~ ~'~: 1:. \-..'1;. j Iii ~ ~~~ I i ~ ;1~ ~ 1) 1-"1 :Uoi ~ Ii! J ~\lllr f:.' ~::;j:; kJ. 1; I: ~~ 75-1592 '''IDEPENDENT SCHOOL DISTRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 l!!3bank. 303 Third Street Northwest East Grand Forks, MN 56721 ::l,~y: ******3,137' Dollars 25 Cents -,-: ~~= ::~F.CE~ 'JF: CITY OF COLuMBIA HE~GHTS .z',TTN: ?OLICE !JEPARTi'!:::NT 559 MILL STREET NE COLill~BIA HEIGHTS, MN 55421 CHECK DATE 11/10/05 CHECK NO. 123175 912 ::>::::c< ,,J,.rv101...Ji'iT $3,137.25 f.....~...........................J. ".'." ........ ..' '.". ..... ..... '.' ....... . .'. .... ..... ... ... . ...... ......... ".' ......... ",' ",' .-," ................." '," .......... ......... . ...... .......... ..... ......... ....... ...... ......... ... .... .... ....... ........... '. .' ....... .......... ...... . .. .. . ..... ..... . '" .... . . ... , .' . . <<-.:-.:....:-.... . ...... . '.' ....... .....:.:-.:-.:-.1 ,..... . .. . .... . '. " '. . . . '. ' , ..". . ..... . . . .. .... . . . . .... . .... ....................... ....~. .......... " ........ .... ..... ...... "... ........... ..-... ... ... ..... .. ~:::::::~::> ... '. .': . .~.:. . .. . . . . .. ::::::::':::::::: III l. 2 :l ~ 7 5 III I: 0 Ii l. 2 l. 5 9 2 7': ~ 5 2 ~ 0 000 7 b 2 :lllll P.51 . __4 ~-~ ~ Date: INVOICE Columbia Heights Police Department November 7,2005 Invoice #: 2005-037 Customer Name: Independent School District #13 Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone:' Work Phone: (Afternoon School Security Detail - September/October 2005) Attn: Finance Department ~ Request for: 1 Week 1- Sept. 1-2 Week 2- Sept. 6-9 INL Week 3- Sept. 12-16 Week 4- Sept. 19-23 Week 5- Sept. 26-30 Police Officer for: Afternoon School Detail 2days x 1.5hr:s @ OT Rate 4days x 1.5hrs @ OT Rate ( 9/5 - Labor Day- No officer) 5days x 1.5hrs @ OT Rate 4days x 1.5hrs @ OT Rate (9/22 No Officer) 5days x 1.5hrs @ OT Rate See Next Page $141.00 $282.00 $352.50 $282.00 $352.50 Number of Officers: BILLING INFORMATION 38 Hours: 57 *2005 OT Wage Rate is $47.00 per hour. Total Due: $2679.00 Make checks payable to the ACity of Columbia Heights@, Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MiIlStreetNE.ColumbiaHeights.MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY Off Duty: Date: P.52 INVOICE Columbia Heights Police Department Date: November 7,2005 Invoice #: 2005-037a Pg.2 Customer Name: Independent School District #13 Address: . 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phone: (Afternoon School Security Detail - September/October 2005) Attn: Finance Department Request for: Week 1- Oct. Week 2- Oct. Week 3- Oct. Week 4- Oct. Week 5- Oct. 1 3-7 10-14 17-18 24- 28 31 Police Officer for: Afternoon School Detail 5days x 1.5hrs @ aT Rate 5days x 1.5hrs @ aT Rate 2days x 1.5hrs @ aT Rate 5days x 1.5hrs @ aT Rate 1day x 1.5hrs @ aT Rate Total: $352.50 $352.50 $141.00 $352.50 $ 70.50 2679.00 INC BILLING INFORNIATION Number of Officers: Hours: *2005 OT Wage Rate is $47.00 per hour. Total Due: Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City ofColumbiaHeightsPoliceDepartment.559MillStreetNE,ColumbiaHeights,MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: Date: P.53 1\ VENDOR NUMBER VENDOR NAME 08350 - 0 : C:TY OF COLUMBIA aEIGHTS DATE INVOICE NUMBER 5-033 12005 - 034 2005-037A I / 11/09/05 11/09/05 DESCRIPTION CHECK CA TE 11/10/05 ?O. NUMBER CHEcr; .\10. 00123175 AMOUNT IH.OO 317.25 2,679.00 ~~l c. -C> c:~y Or :OLL"7'1BI.;' :IS:GH'::'S - ~-- ...- . . - -,--'.~- ?CLICS :E??RTMENT ~39 ~I:~ S7R~E~ ~E :::.~~.r3=.~. :rSIG~:'S, r-1~r :J:J--::~_ ~--.....~~~ ,~;:..:-1.s- ~:=~~'1~f:~f'~"':'IJ";!::J 1:(.~J'1: ~e-t~~;J~~!\~IJ 1M INDEPENDENT SCHOOL DISTRICT NO. 13 1440-J.9TH AVENUE N.E. COLurvlBIA HEIGHTS. MINNESOTA 55421 ******3/::"]7 TOTAL ,~i'iIOUNT P.~ID -:"\~;'f:t'S.'1;;jIJ.li\!';,,"lH::J;ji 1.1>"I--_",H;:1~"~', ';11::::;;' 1,1;,. ~~ 75-1592 [!E3bank. 203 Thiro Street NOl1hwesr East Grand ForKS. MN 56721 !:.:2.:"'s.::-s ';'....J ....,.::l,....~= C:-:Y 'J? COr..:':'""7v!E=_:::'. ::~:~:-=-:'S ~;'':'':'N: :?C:...:C=: :J=:?_:'_=_::':2::~':' =53 >1::.s~ ST?..~=:':' ~;=: .:::LL~13.l:_::;' :12:8:-:-:'2, :.::'~ .::;"":.:._ CHECK DATE 11/:'0/05 CHEC:-< ~,jC. 123175 .='-=':'( .l;"11C!_'\'~ -- ~-- ~- ~ . - 912 '-"~~::-:::'-'/" ':.;~~~ ic::: :~Jf];J;:~~ III ~ 2 j ~ 7 5111 I: 0 9 ~ 2 ~ 59 2 71: ~ 5 2 ~ 0 000 7 b 2 j III P.54 '. CITY COUNCIL LETTER Meeting of: 11/28/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER .5~A-2 PUBLIC WORKS $!J. ITEM: RESOLUTION ESTABLISHING SENIOR BY: K.Hansen~ BY:??' _ ./~u~ CITIZENS OR RETIRED & DISABLED PERSON DATE: 11/16/0 DATE: HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of$25,200, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $24,200. Recommended Motion: Move to waive the reading of Resolution No. 2005- 81, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-81 being a resolution establishing a new maximum income of $25,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:jb I COUNCIL ACTION: P.SS RESOLUTION NO. 2005-81 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue ofa permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. . In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any ofthe following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision ofthe property or any part thereof; c. if the property should for any reason lose its homestead status; or d. iffor any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral-may-be-grantedunless-the-hemeewner-makes-application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% ofthe annual installment payment. Ifthe 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $25,200. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Passed this 28th day of November, 2005. Offered by: Seconded by: Roll Call: Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk P.56 CITY COUNCIL LETTER Meeting of: 11/28/05 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: 5 - A ~q PUBLIC WORKS ~d~ ITEM: INSTALLATION OF STOP SIGNS ON BY: K.Han"n~ BY:' ~ MADISON STREET AT 43RD AVENUE DATE: 11/15/0 DATE: Background: At the October Traffic Commission meeting, Commission members called for a Public Hearing on November 7, 2005, to install stop signs on Madison Street at 43rd Avenue. The hearing notice was mailed to property owners within 300' of the intersection and published in the Focus Newspaper. Residents present all indicated that the intersection is a dangerous one with many accidents occurring. Chief Johnson reported accident records from 2003 to the present and found three to four accidents each year. The intersection was reviewed by the Traffic Commission during May and June of 2003 and at that time the accident record did not support stop signs and the request was denied. Since then, there has been a sharp increase in the number of reported accidents. Analysis/C 0 nclusio ns: The visibility is limited because of the landscaping on the north side ofthe intersection. The hedges are trimmed in accordance with the City's visibility ordinance. Staff recommends installing stop signs on Madison Street as traffic on 43rd Avenue is required to stop one block east and west on Monroe and Jefferson Streets. Recommended Motion: Move to install stop signs on Madison Street at 43rd Avenue, stopping traffic on Madison Street, based on a recommendation of the Traffic Commission and City Staff. KH:jb COUNCIL ACTION: P.57 CITY COUNCIL LETTER Meeting of: 11/28/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 5-(\-10 PUBLIC WORKS BY: dl%#; L- ITEM: AUTHORIZE PREPARATION OF A BY: K.H,,"'e~ FEASIBILITY REPORT FOR THE ADDITION OF DATE: 11/21/ DATE: ATHLETIC FIELD LIGHTING AT PRESTEMON PARK Background: Staff has .discussed the seasonal usage of athletic fields with the Park and Recreation Commission over the last couple of years. Currently, only two fields in the entire city have sufficient lighting that allows play at and following sunset. This limits programming for youth softball, adult softball and youth baseball. Analysis/Co nel usio ns: The Park and Recreation Commission at their August 24th regular meeting again reviewed this issue. With advent of redevelopment of the City's Industrial Area into residential, additional demand will be placed on the City park systems. The redevelopment of Huset Park has also been proposed with a master plan presented (but not adopted) to the City Council. In the event Huset Park is redeveloped, it would take out the City's only two lighted fields for at least a year. Staff has evaluated other city ball fields and believes that Prestemon Park would be a good candidate for lighting due to its current size, newer backstop and player's benches and good overall field condition. It is currently used for adult softball, youth softball and youth baseball, but use is limited to daylight and further restricted in the spring and fall. Based upon this, the Park and Recreation Commission made a unanimous motion to recommend to the City Council the addition of athletic lighting at Prestemon Park. Based upon this, staff is requesting authorization to prepare a feasibility report that would evaluate the viability, impacts, public process and funding sources to install athletic field lighting at Prestemon Park. Recommended Motion: Move to authorize the preparation of a Feasibility Report for the addition of athletic field lighting at Prestemon Park. KH:jb COUNCIL ACTION: P.S8 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 28, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY NO: S - 1-\- \ \ Community Development MANAGER'S . APPROVAL t1 K; /J /. ""/. ~ ITEM: Approve the Building Official Service BY: Robert Streetar' 1 By:iA~/~ Contract with the City of New Brighton DATE: November 22, 20 5 p- BACKGROUND The Cities of Columbia Heights and New Brighton each have one Building Official. At times, one or the other City may not be able to provide Building Official service because of vacation, sickness or termination of employment. Consequently, it is difficult to provide Building Official service and therefore homeowners, and contractors are delayed in receiving their plan review and inspections. Therefore, the staff recommends the City Council enter into an agreement with the City of New Brighton for reciprocal Building Inspection Service. Either City may request assistance, and the responding City has the choice of providing service subject to the service needs of the responding City being the priority. The charge is an hourly rate, with payment due on the 15th of each month. The New Brighton Building Official will be out on medical leave for approximately nine weeks and during this time the Columbia Heights Building Official will provide service up to about four to eight hours per week RECOMMENDATION: Staff recommends the City Council approve the Building Official Service Contract with the City of New Brighton. RECOMMENDED MOTION: Move to approve the Building Official Service Contract between the City of Columbia Heights and the City of New Brighton; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: Shared\City Council\Letters2005\BO Contract New Brighton11-28-2nn!i P.59 COLUMBIA HEIGHTSINEW BRIGHTON BUILDING OFFICAL SERVICE CONTRACT This Agreement is made as of the _ day of ,2005, by and betWeen the City of Columbia Heights (hereinafter referred to as "Columbia Heights") and the City of New Brighton (hereinafter referred to as "New Brighton"). WHEREAS, Columbia Heights is authorized and empowered to provide for various types of inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, New Brighton is authorized and empowered to provide for various types of inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed on a reciprocal basis between New Brighton and Columbia Heights; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties hereto agree as follows: I. SCOPE OF SERVICES 1.1 The term of this Agreement shall be from November 29,2005 until tenninated in accordance with paragraph 3.9. 1.2 The parties agree to provide building inspection and building plan review services for each other through their respective Community Development Departments. A party receiving a request for services under this agreement will provide such services to the extent staff and other resources are available. 1.3 Except as otherwise specifically set forth herein, building inspection and plan review services shall only include those types of duties and functions customarily rendered by Building Officials and Inspectors under law. 1.4 Under this Agreement, each party will receive all building permit applications and fees required by existing laws, codes, and ordinances ofprojects within their respective jurisdictions. The applications including building plans and other attachments will be provided after they have first been reviewed by the originating jurisdiction for purposes of planning, zoning, subdivision and other local code regulations and requirements. 1.5 All applications for permits that require variances, conditional use pennits or other special permits shall first be resolved by the originating jurisdiction prior to submission to the other party for review. All special conditions and requirements imposed by the originating jurisdiction shall be specified in writing and attached to the application. P.60 1.6 The Building Officials, when performing reciprocal duties hereunder, shall notify the other jurisdiction when to issue all permits as required by the current Minnesota State Building and Fire Codes. 1.7 Pursuant to this Agreement, the Building Official shall provide necessary plan check services as required by laws, regulations, and ordinances. 1.8 The Building Official and/or Building Inspector shall provide all job site inspections on projects under permit as is required by the current Minnesota State Building Codes and City Ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to monitor compliance with the Minnesota State Building Codes. 1.9 The Building Official will advise residents and contractors with code questions and Issues. 1.10 The originating jurisdiction shall collect all fees and charges for all required pennits and applications, and shall also collect any and all permit related surcharge fees, sewer availability charges, and other fees as may be required by statute, regulation, or ordinance. 1.11 The Building Official and/or Building Inspector shall not be required, but may be requested from time to time to attend City Council meetings. The Building Official and/or Building Inspector may, upon request, attend preconstruction meetings. 1.12 The Building Official shall have the exclusive initial authority to determine interpretations and applications of the Minnesota State Building Codes for all permitted projects. Notwithstanding the foregoing, the Building Official shall confer with the City Manager and/or Community Development Director before issuing any such interpretations and applications of the Minnesota State Building Codes that might have an extraordinarily significant effect on any projects. The Building Official shall also have the right and responsibility to issue correction orders, stop work orders, and citations on violations of the Minnesota State Building Codes on any project determined not to be in compliance with the terms and provisions of the Minnesota State Building Codes. Enforcement and prosecution of any Minnesota State Building Code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of the originating jurisdiction. The Building Official shall cooperate in any enforcement procedures. 1.13 Upon completion of all inspections associated with any specific permit, the Building Official and/or Building Inspector shall forward the original inspection records along with the plans as submitted by the applicant to the originating jurisdiction. All such plans shall be kept on file pursuant to state law. All such original records shall remain the exclusive property of the originating jurisdiction. P.61 2. FEES The hourly rate for service provided by the City of Columbia Heights is $35.15. The hourly rate for service provided by the City of New Brighton is $39.36. Payments shall be due by the 15th of each month for services provided for the preceding month. Hourly rates will be adjusted annually on January 1. 3. GENERAL TERMS AND CONDITIONS 3.1 Neither party shall assume any liability to the other for the direct payment of any salary, wage, workers compensations, income tax withholding, or any other type of compensation to any employee for performing any inspection or code enforcement service( s) pursuant to this Agreement. 3.2 Each party shall also be solely responsible to determine compliance with its own zoning, land use regulations and regulations to the Minnesota Department of Natural Resources, Minnesota Department of Transportation and all other regulatory bodies and political subdivisions having jurisdictional authority- affecting the development of lands. 3.3 Each party shall be solely responsible for direct payment of any fees or charges to the Metropolitan Waste Control Commission, State of Minnesota or any of its subdivisions and Anoka County as may be required by law affecting development and the issuance of any permit within its borders. 3.4 Each party, its officers, agents, and employees shall cooperate with and assist the other in the orderly performance of services to be provided for herein. 3.5 All applications for pennits and inspections shall be made on forms utilized and maintained by the originating jurisdiction. 3.6 The books, records, documents, and accounting procedures of each party relevant to this Agreement, are subject to examination by the other and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes. 3.7 This Agreement represents the entire agreement between New Brighton and Columbia Heights and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. Any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 3.8 Both pariies agree to comply with all applicable state, federal and local laws, rules and regulations. 3.9 This Agreement shall terminate as follows: P.62 a. Upon the expiration of 90 days after service of written notice upon the other pmiy, with or without cause; or b. At any time, upon agreement of the parties; or c. By either party on the termination of employment of the person(s) employed as building official or building inspector. The parties aclmowledge that it may be impractical to furnish services at the level described in paragraph 1 in the event of such termination of employment; however, the parties will discuss in good faith the feasibility of providing a mutually acceptable level of service before terminating the agreement pursuant to this paragraph 3.9.c; or d. By either party on 20 days written notice for material breach that is not cured within such 20 day period; or 3.10 Each party agrees to defend, indemnify and hold the other harmless, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from the other's performance of duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct. Each party will reimburse the other for any payments made under the deductible provision of its liability insurance policy for claims indemnified or defended under this pm'agraph. 3.11 Each party shall carry liability insurance in the amount of at least $300,000 per individual and $1,000,000 per occurrence, and property damage liability insurance in the amount of $100,000. Each party shall have the other named as an additional insured, and provide a certificate of said insurance. Each party shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 (1994) and will provide a certificate of said insurance to the other. 3.12 Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466, and neither party shall be obligated to indemnify the other in any amount in excess of the limitations on liability set forth in Milmesota Statutes, Chapter 466, less any amount the indemnifying party is required to pay on its own behalf for claims arising out of the same occurrence. 3.13 Any employee assigned by either party to perform its obligations hereunder shall remain the exclusive employee of that party for all purposes including, but not limited to, wages, salary and employee benefits. 3.14 It is agreed that nothing herein contained is intended or should be construed in any mmmer as creating or establishing the relationship of the co-partners between the parties hereto or as constituting the person employed by either party as the agent, representative or employee of the other for any purpose or in any manner whatsoever. Each pmiy is to be and shall remain an independent contractor with respect to all services perfOlmed under this contract. Each party represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of the pmiies hereto, while engaged in the performance of any work or services required under this contract, shall have no contractual relationship with the other party and shall not be considered employees of the other party, and P.63 any and all claims that mayor might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against its officers, agents contracts or employees shall in no way be the responsibility of the other party, and each party shall defend, indemnify and hold the other, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such persoilllel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever :Ii"om the other party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensations, Unemployment Compensation, disability, severance pay and PERA. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first above written. CITY OF COLUMBIA HEIGHTS CITY OF NEW BRIGHTON By: Its: Mayor-Gary L. Peterson By: Its: Mayor By: Its: City Manager-Walter R. Fehst By: Its: City Manager 302390_1 P.64 CITY COUNCIL LETTER Meeting of: November 28, 2005 AGENDA SECTION: 5 -A-ll ORIGINATING DEPT.: CITY MANAGER NO: License Depmiment APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: /# BY:~W NO: DATE: Nov. 28, 2005 .- BACKGROUND/ANALYSIS Attached is the business license agenda for the November 28,2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005 and renewals for 2006 . Also included on the agenda are the renewals of business licenses for calendar year 2006 that have been received and approved to date. These include renewals for Cigarette Sales, Off Sale Beer, On Sale Beer, Liquor/Sunday Liquor, Wine/Beer, Games of Skill, and Secondhand Dealers Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. Ifnot submitted, certain infonnation cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for November 28, 2005 as presented regarding the new licenses for 2005 and the renewals for 2006. COUNCIL ACTION: P.65 TO CITY COUNCIL November 28, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Metro Utilities mc. *Galaxy Mechanical *Binder Heating *Morcon Construction *Hansen Mechanical *NE Exteriors 3025 Harbor Ln, #221, Plymouth 7317 Lake Dr, Lino Lks 222 Hardman Ave No, S. St. Paul 5905 Golden ValleyRd, G.V. 20740 125th Ave, Cold Spring 2433 Grand St NE, Mpls ****LICENSES FOR 2006**** CONTRACTOR LICENSES BLDG *Sharp Heating & AC mc 7221 University Ave, Fridley *Modem Heating & AC 2318 15t Street NE, Mpls *Master Mechanical 1027 Gemini Rd, Eagan * Anderson Htg 4347 Central Ave, Col Hts *Yale Mechanical 9649 Girard Ave So. Bloom Associated Mechanical 1257 Marschall Rd, Shakopee *Metropolitan Mech 7340 W ashington Ave So, Ed Pr *Home Energy Center 15200 25th Ave N #128, Plymouth Riccm" Heating 2387 Station Pkwy, Andover *Norblom Plumbing 2905 Garfield Ave So., Mpls *Richfield Plumb 8640 Harriet Ave So #1 00, Bloom *Tschida Bras Plumb 1036 Front Ave. St Paul *Loca1 Plumbers PO Box 2066, Bumsville *RM Mechanical hIC 6545 Clementa Ave SW, Montrose *Wenzel Phnb & Htg 1710 Alexander Rd, Eagan *Frattalone Co. 3205 Spruce St. Little Canada *North Country Concrete mc 7040 143rd Ave NW, Ramsey * Asphalt Driveway Co 1211 E. Hwy 36, Maplewood *Gosiak Tree Service 9578 110th St. Little Falls *Rainbow Tree 2239 Edgewood Ave So, St. L. Pk *The Davey Tree Experts 1500 N. Mantua St, Kent OH * Amtech Lighting Services 6077 Lake Elmo Ave No *Nedegaard Construction 4200 Central Ave, Col. Hts *Kato Roofing 321 Lundin Blvd, Mankato *Rayco Construction 211 St. Anthony Pkwy, Mpls *Greg Wills Exteriors 4246 Royce St, Col Hts * Allstar Construction 8401 73rd Ave No, Brk Pk *Neeck Construction 3989 Central Ave, Col. Hts P.66 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 POL, FIRE, BLDG, ZA POL,FIRE,BLDG,ZA POL,FIRE,BLDG,ZA POL,FIRE,BLDG,ZA POLICE POLICE POL,FIRE,BLDG,ZA OFF SALE BEER *Jeff, Bobby & Steve's *RBF LLC 3701 Central Ave 4300 Central Ave $150.00 $150.00 ON SALE BEER *Jeff, Bobby & Steve's 3701 Central Ave NE $400.00 LIQUOR/SUNDAY LIQUOR *LaCasita Restaurant 5085 Central Ave, Co!. Hts $6700.00 WINE/BEER *LaCabema Bar & Grill 4952 Central Ave $2400.00 GAMES OF SKILL *Mendota Valley 9177 E. Courthouse Blvd, In Gr Hts $195.00 For Buffalo Wild Wings & VFW *Jubilee Music Co. 7129 20th Ave No, Centerville $75.00 For LaCabema CIGARETTE SALES *Star Central 4005 Central Ave *Columbia Marlcet 4901 University Ave *RBF LLC 4300 Central Ave *University Auto Service 5257 University Ave *Jeff, Bobby & Steve's 3701 Central Ave The Three Mmncipal Liquor Store locations $300 $300 $300 $300 $300 no fee SECONDHAND DEALER Hair Studio 425 40th Ave NE $100.00 P.67 5-A-/3 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF:JJO~ 22, WOS STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out ofthe proper funds, as listed in the attached check register covering Check Number -1\SDD 3 through -,-11 r? 17-1 in the amount of$ 1.0~~,q72.2-L; . These checks have been eX8.l-mned and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P.68 ACS FINANCIAL SYSTEM 11/23/2005 10:03:20 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.......11/2S/2005 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....................... . 'l:gllcher .................... . Leased Date............... ~~ared Date................ '-0 thru thru thru thru 115003 thru 115121 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 11/23/2005 10 BANK VENDOR Check History 11/28/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 AMOUNT BANK CHECKING ACCOUNT ACE ICE COMPANY 115003 152.64 AMERICAN BOTTLING COMPAN 115004 250.77 ANOKA COUNTY 115005 19.50 BARON/JACKIE 115006 150.00 BELLBOY CORPORATION 115007 2,179.80 BERLSON IMPORTS 115008 713.00 CHISAGO LAKES DISTRIBUTI 115009 5,210.03 CITY WIDE WINDOW SERVICE 115010 40.47 CREST VIEW ONDC 1 115011 54,316.00 DIVINE WINE DISTRIBUTORS 115012 220.00 DEEP ROCK WATER COMPANY 115013 101.05 DEX MEDIA EAST LLC 115014 48.70 EAST SIDE BEVERAGE CO 115015 30,707.02 EXTREME BEVERAGE 115016 960.00 FARNER-BOCKEN 115017 2,559:97 FRIDLEY LITTLE LEAGUE 115018 451. 50 FULL CIRCLE IMAGE 115019 19.12 G & K SERVICES 115020 28.44 GOLDEN AGE CLUB 115021 300.00 GRIGGS-COOPER & CO 115022 9,427.57 GROUNDS MAINTENANCE SERV 115023 298.20 HOHENSTEINS INC 115024 5,494.60 :-0 JOHNSON/THOMAS M 115025 53.40 KANTOR/ROSE 115026 30.00 "'l KIWI KAI IMPORTS 115027 2,432.35 0 KUETHER DIST. CO. 115028 68,031.55 LEAGUE OF MINNESOTA CITI 115029 88.00 MANTHEI/DEB 115030 216.87 MARK VII DIST. 115031 20,135.81 OFFICE DEPOT 115032 55.31 QUALITY WINE & SPIRITS 115033 18,098.32 QWEST COMMUNICATIONS 115034 969.28 SIMPSON/TABATHA 115035 19.00 SPECIALTY WINES & BEVERA 115036 185.34 ST ANTHONY SPORTS BOOSTE 115037 908.00 STEINKE/TOM 115038 350.00 USA WRESTLING 115039 70.00 VEIT COMPANY 115040 158,713.25 VERIZON WIRELESS 115041 113.88 WINDSCHITL/KEITH 115042 102.83 WORLD CLASS WINE 115043 184.00 XCEL ENERGY (N S P) 115044 2,772.28 BRADLEY REAL ESTATES INC 115045 11,885.12 CENTER POINT ENERGY 115046 3,688.95 COLUMBIA HEIGHTS I 115047 5,541.33 FULL CIRCLE IMAGE 115048 29.82 KELLEY/THOMAS 115049 3.31 ACS FINANCIAL SYSTEM 11/23/2005 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 11/28/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT KRAFT/STEVE LIEBERMAN/AARON MN DEPT OF ADMINISTRATIO OFFICE DEPOT PLUNKETT'S, INC QWEST COMMUNICATIONS RAMEY/JIMMY & TIFFANY SAM'S CLUB VERIZON - ATTN: PREPAY D VOSS LIGHTING XCEL ENERGY (N S p) ALLIED/BFI WASTE SYSTEMS ANOKA CTY - CENTRAL COMM BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BLUEMELS TREE SERVICE BRODART BRYAN ROCK PRODUCTS, INC CINTAS FIRST AID-SAFETY CITY PAGES CSC CREDIT SERVICES DELEGARD TOOL CO. EHLERS & ASSOCIATES INC G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GOVERNING MAGAZINE GRAPHICS MEDIA ICC ASSOC OF BLDG OFFICI INTERSTATE POWERSYSTEMS J H LARSON ELECTRIC COMP KENNEDY & GRAVEN LEXISNEXIS MATTHEW BENDE LOE'S OIL COMPANY MARCO, INC MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F MIDWEST LOCK & SAFE MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MN MUNICIPAL BEVERAGE AS MN POLLUTION CONTROL AGE MN RURAL WATER ASSOC MORRELL & MORRELL INC MPLS BMEU ;d ""l I-' 115050 115051 115052 115053 115054 115055 115056 115057 115058 115059 115060 115061 115062 115063 115064 115065 115066 115067 115068 115069 115070 115071 115072 115073 115074 115075 115076 115077 115078 115079 115080 115081 115082 115083 115084 115085 115086 115087 115088 115089 115090 115091 115092 115093 115094 115095 115096 14.87 150.00 445.90 26.03 89.67 116.09 5.07 150.00 60.00 39.62 1,466.68 89,429.77 487.60 1,000.96 1,011.38 13,792.00 32,900.08 28.14 1,098.81 96.07 450.00 25.00 57.96 393.75 59.18 352.41 427.41 12.00 8,940.68 100.00 527.13 90.77 3,766.08 110.00 30.00 337.50 116.40 128.11 50.59 70,801. 81 11. 23 305.60 5,000.00 9,600.00 205.00 945.50 150.00 ACS FINANCIAL SYSTEM 11/23/2005 10 BANK VENDOR Check History 11/28/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT BANK CHECKING ACCOUNT NATL SOCIETY PROF ENGINE 115097 260.00 NORTH STAR INTL TRUCK IN 115098 297.12 NORTHEASTER 115099 279.00 OFFICE DEPOT 115100 762.87 OFFICE SUPPLY CONNECTION 115101 214.72 ONVOY 115102 59.99 PARKVIEW VILLA RESIDENT 115103 130.00 PATCHIN MESSNER & DODD 115104 3,500.00 PETTY CASH - CAROLE BLOW 115105 810.00 PIONEER PRESS 115106 49.79 PRO GRAPHICS 115107 12.65 PROSOURCE TECHNOLOGIES I 115108 44,625.34 RANDOM HOUSE, INC 115109 603.30 RICHARDS/BRIAN 115110 150.00 ROYAL TIRE 115111 662.42 SBSI INC 115112 1,092.69 STAR TRIBUNE 115113 553.32 STREICHER'S GUN'S INC/DO 115114 1,325.03 ULTIMATE OFFICE 115115 217.01 VALPAK OF MINNEAPOLIS/ST 115116 800.00 VEIT COMPANY 11511 7 342,525.73 VERIZON WIRELESS 115118 6.28 ;0 VMWARE INC 115119 788.00 XCEL ENERGY (N S P) 115120 101.31 '.:t ZIEGLER INC 115121 1,416.45 IV 1,054,972.25 *** ACS FINANCIAL SYSTEM 11/23/2005 10 BANK VENDOR REPORT TOTALS: ~ "l CJJ CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 Check History 11/28/2005 COUNCIL LISTING CHECK NUMBER AMOUNT 1,054,972.25 RECORDS PRINTED - 000471 ACS FINANCIAL SYSTEM 11/23/2005 10:03:22 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 240 389 415 420 431 601 602 603 609 651 701 720 883 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND LIBRARY R8:TRANSITION BLK REDEVELOP CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND LIQUOR WATER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-GEN 64,893.79 446.42 3,711.03 54,889.75 21,209.08 541,343.63 8,940.68 70,931. 48 381.04 90,455.27 191,740.90 1,098.81 3,172.09 847.99 910.29 1,054,972.25 TOTAL ALL FUNDS :-'d-JK RECAP: -~!~ ~~~------------------------ DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,054,972.25 1,054,972.25 CITY COUNCIL LETTER Meeting of November 28,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY loA Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Talmer Caraway III regarding rental property at 1231-33 40th 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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 Talmer Caraway III regarding rental propeliy at 1231-33 40th Avenue NE. COUNCIL ACTION: P.75 RESOLUTION 2005-XX 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 certain residential rental license held by Talmer Caraway III (Hereinafter "license Holder"). Whereas, license holder is the legal owner of the real property located at 1231-33 40th Avenue NE, Columbia Heights, MilUlesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed COlU1cil action contained herein was given to the License Holder on November 8, 2005 of an public hearing to be held on November 28,2005. 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 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 November 8, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 re-license the rental license for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of tIns hearing according to the provisions of the City Code, Chapter 5A, 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 F6376 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 witmn 60 days from the first day of posting oftms Order revoking the license as held by License Holder. P.76 Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretmy 2005 P.77 Mayor Gmy L. Peterson CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY &/B Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Nala Properties regarding rental propeliy at 4338 2nd 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Aliicle IV, Section 5A.408(A) of the rental license held by Nala Properties regarding rental property at 4338 2nd Street NE. COUNCIL ACTION: P.78 RESOLUTION 2005- Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat celiainresidential rental license held by Nala Propeliies (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 4338 2nd Street NE, Columbia 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 November 10, 2005 of an public hearing to be held on November 28,2005. 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, inspection office staff sent a letter requesting the new owner of the property to license the rental propeliy. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on: November 10,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 submit a rental license application. b. Failure to schedule a relicensing inspection. 4. 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4338 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 ofthis order revoking the license as held by License Holder. P.79 Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2005 P.80 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY lot- Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Teddynold Mendes regarding rental property at 584 38th 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5AA08(A) of the rental license held by Teddynold Mendes regarding rental property at 584 38th Avenue NE. COUNCIL ACTION: P.81 RESOLUTION 2005- Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat celiain residential rental license held by Teddynold Mendes (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 584 38th Avenue NE, Columbia 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 COlmcil action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on November 28,2005. 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 October 24, 2005, inspection office staff sent a letter requesting the new owner of the propeliy to license the rental propeliy. The letter was mailed by regular mail to the owner at the address listed in the propeliy records. 2. That on November 10,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by celiified mail to the owner at the address listed in the prope1iy records. 3. 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 submit a rental license application. b. Failure to schedule a license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of tIns hearing according to the provisions of the City Code, Chapter 5A, 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 U584 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 witl1in 60 days from the first day of posting of tl1is order revoking the license as held by License Holder. P.82 Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2005 P.83 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY b1J Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Angela Johnson regarding rental property at 1815-17 41 st 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5AA08(A) of the rental license held by Angela Johnson regarding rental property at 1815-17 41 st Avenue NE. COUNCIL ACTION: P.84 RESOLUTION 2005-XX Resolution of the City COlillcil 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 Angela Johnson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815-1817 41 st Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting f01ih the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 31, 2005 of an public hearing to be held on November 28, 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 September 15, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted 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 31, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted eight 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 21, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that seven violations remained uncorrected. 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. The violations are as follows; i. Shall repair the garage soffit and fascia that has rotted wood. 11. Shall stucco over the boarded up windows on the west side of the house, to match the rest of the house. 111. Shall repair the stucco on the house that has fallen off IV. Shall replace the missing service garage door. v. Shall replace the damaged wood trim on the overhead garage door. VI. Shall repair the damaged stucco on the east side of the garage VII. Shall reseal the driveway cracks, where grass/weeds are coming up. 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.SS ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6723 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of tIris 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 oftIris Order revoking the license as held by License Holder. day of 2005 Passed tlris Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.86 CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~E Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Asad Khan regarding rental propeliy at 212-214 42nd Avenue NE. for failure to meet the requirements ofthe Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-XX, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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 Asad Khan regarding rental property at 212-14 42nd Avenue NE. COUNCIL ACTION: P.87 RESOLUTION 2005-XX Resolution of the City COlUlcil 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 Asad Khan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 212-214 42nd 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 27, 2005 of an public hearing to be held on November 28,2005. 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 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted seven 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 19, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted six 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 October 17, 2005 the owner called and requested and was granted an extension to finish the items that were written up. 4. That on October 27,2005, inspectors for the City of Columbia Heights, reinspected the property and noted six 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. 5. That on November 8, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that six violations remained unconected. 6. 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. The violations aTe as follows; 1. Shall sod the bare areas of the front yard 11. Shall stain/seal/paint the bare wood on the service door to the garage 111. Shall cut/trim the scrub growth around the property, around the house, around the fence, around the garage IV. Shall remove the large pile of branches from behind the garage v. Shall replace the missing metal fascia board on the west peale ofthe house. P.SS VI. Shall remove the dead tree (tree stump) from the front yard. Remove to below ground level. 7. 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7324 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/COlIDcil Secretary P.89 CITY COUNCIL LETTER Meeting of November 28,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY (gf=" Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Julie Marsh regarding rental property at 4524 Monroe 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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 Julie Marsh regarding rental property at 4524 Monroe Street NE. COUNCIL ACTION: P.90 RESOLUTION 2005-XX Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Julie Marsh (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4524 Monroe Street 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 November 1, 2005 of an public hearing to be held on November 28, 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 September 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven 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 November 1, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted four 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 22,2005, inspectors for the City of Columbia Heights performed a final inspection and noted that four violations remained uncorrected. 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. The violations are as follows; 1. Shall repair/replace the sections of driveway that are in disrepair. 11. Shall extend a driveway to the garage. 111. Shall seed/sod/landscape all/any bare areas in the yard. IV. Shall remove the dead tree on the south side of the garage.. 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 F7302 is hereby revoked. P.91 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.92 CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY b G Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Cohmlbia Heights is requested against David Decker regarding rental propeliy at 660-662 4ih-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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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 David Decker regarding rental property at 660-662 4 ih_ 1/2 Avenue NE. COUNCIL ACTION: P.93 RESOLUTION 2005- Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Atticle IV, Section 5A.408(A) ofthat celtain residential rental license held by David Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propelty located at 660-662 47-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Atticle 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 November 10, 2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City COlillcil of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 24, 2005, inspection office staff sent a letter requesting the new owner ofthe property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the propelty records. 2. That on November 10,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 submit a rental license application. b. Failure to schedule a license inspection. 4. 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, Micle 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 T7206A 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. P.94 Passed this day of 2005 Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.95 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY bH Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against David Decker regarding rental property at 666-668 47th-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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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 David Decker regarding rental property at 666-668 47th-1/2 Avenue NE. COUNCIL ACTION: P.96 RESOLUTION 2005- 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 certain residential rental license held by David Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 666-668 47-1/2 Avenue NE, Columbia 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 November 10, 2005 of an public hearing to be held on November 28,2005. 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 October 24, 2005, inspection office staff sent a letter requesting the new owner of the property to 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 November 10,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 submit a rental license application. b. Failure to schedule a license inspection. 4. 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). - ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number T7206 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. P.97 Passed tIns day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2005 P.9S Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY to ' I Fire MANAGER NO: APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21, 2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Catalina Peralta regarding rental property at 4450 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-XX , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, 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) ofthe rental license held by Catalina Peralta regarding rental property at 4450 Madison Street NE. COUNCIL ACTION: P.99 RESOLUTION 2005-XX Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that celiain residential rental license held by Catalina Peralta (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4550 Madison Street NE., Columbia Heights, Milmesota, 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 November 1, 2005 of an public hearing to be held on November 28,2005. 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 14, 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 November 1,2005, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncorrected. 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 22, 2005, inspectors for the City of Columbia Heights performed a [mal inspection and noted that five violations remained lUlcOlTected. 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. The violations are as follows; i. Shall repair the door closer for the rear door on the unit, so that it closes and latches under its own power. 11. Shall install a screen on northwest bedroom window of the unit 111. Shall install a minimum 2AIOBC sized fire extinguisher in the building hallway. IV. Shall install screens on all units from May 1 to Sept. 30 v. Shall repair the building entrance door on the north side. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice oftms hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). P.I00 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number PF7219 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 this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.10l CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY G:, -J Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 21,2005 DATE: NO: 2005- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Nate Williams regarding rental propeliy at 4410 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-XX, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-XX, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5A.408(A) of the rental license held by Nate Williams regarding rental property at 4410 Central Avenue NE. COUNCIL ACTION: P.I02 RESOLUTION 2005- 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 celiain residential rental license held by Nate Williams (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4410 Central Avenue NE, Columbia Heights, Mimlesota, 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 November 8, 2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City COlmcil of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 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 November 8, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 re-license the rental license for the propeliy, failure to submit the application and the fees. 4. That all pmiies, 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 F6866 is hereby revoked, 2. The City will post for the purpose of preventing occupmlCY a copy of this order on the buildings covered by the license held by License Holder; P.I03 3. All tenants shall remove themselves from 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.I04 CITY COUNCIL LETTER Meeting of November 28, 2005 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (oj( APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: November 21,2005 DATE: NO: 2005-XX Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kurt Richter regarding property at 4540 Tyler 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-_ there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005- , a resolution of the City Council of the City of Columbia Heights declaring the property at 4540 Tyler Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.l05 RESOLUTION 2005-XX Resolution of the City Council for the City of Columbia Heights approving abatement of Ordinance violations pursuant to Chapter 8, Article VI, Section 1 of City Code, ordinance violations exist on property owned by Kurt Richter (HEREINAFTER "OWNER OF RECORD"). Whereas, owner of record is the legal owner of the real property located at 4540 Tyler Street, Columbia Heights, Mimlesota, And whereas, pursuant to Columbia Heights Code Section 8.602(1 )(B), written notice setting f01ih the causes and reasons for the proposed council action contained herein was sent via celiified and regular mail to the owner ofrecord on November 10,2005 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 March 14, 2005 an inspection was conducted and nine violations were noted. A compliance letter detailing the violations was sent by regular mail to the owner of record. 2. That on April 27, 2005 a reinspection was conducted and nine violations were noted. A [mal compliance letter detailing the violations was sent by regular mail to the owner of record. 3. That on August 25,2005 an Anoka County citation was issued for the nine violations that were noted. 4. That on November 10,2005, inspectors reinspected the property and noted that the violations remained lIDcon-ected. A notice of abatement and public hearing was mailed to the owner of record by certified mail. 5. 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. Failure to con-ect violations 1. Shall repair/replace all rotted window trim on the house 11. Shall scrape/paint window trim on the house 111. Shall replace the damaged window on the front of the building. IV. Shall remove all/any scrub growth along the building. v. Shall repair/replace the garage roof VI. Shall repair/replace the overhead garage door. Vll. Shall repair/replace the damaged garage service door. V111. Shall replace/repair all/any damaged windows on the house IX. Shall remove repair all tires stored along the side of the garage. 6. That all parties, including the owner of record have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b). P.I06 CONCLUSIONS OF COUNCIL 1. That the property located at 4540 Tyler Street 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 pmiies in interest have been duly served notice ofthis hem'ing, and mlY other hem'ings relevant to the abatement of violations on the property listed above. 3. That all applicable rights mld periods of appeal as relating to the owner of record, occupmlt, 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 4540 Tyler Street constitutes a nuisance pursuant to City Code. 2, That a copy of this resolution/order shall be served upon all relevmlt pmiies and pmiies in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with MiImesota 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 Secretm)' P.lO? COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 28, 2005 AGENDA SECTION: Resolutions/Ordinances NO: '-"j ~A-I ORlGINA TING DEPARTMENT: Community Development CITY MANAGERS APPROVAL ITEM: Adopt Ordinance #1501 Amending Building Code adoption portion ofthe City Code 6.801 Violations NO: BY: Lawrence R. Pepin DATE: 11/22/2005 The City receives numerous complaints each year from residents tired of looking at neighbors unfinished construction projects where homeowners or contractors began construction improvements to their property but never fully completed the work or delayed completion beyond a reasonable time. In some cases staff found that although a building permit was issued, the homeowner or contractor either ran out of funds during the construction or encountered additional expenses due to unforeseen circumstances. In other cases, homeowners have simply worked at their own pace extending their timeline for completion indefinitely. The Minnesota Building Code 1300.0120 subpart 11 Expiration states: "Every permit issued shall become invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced." The code makes no provisions regarding when the exterior of the project must be completed. The proposed ordinance requires that the exterior of all structures located within the City of Columbia Heights be completed within six months for residential and 12 months for commercial from the time of permit issuance. The Building Official is recommending amending Chapter 6 Subsection 6.801 of the City Code based upon language used by the Cities of Shoreview and Plymouth in their city codes. The advantages of adopting this ordinance are to limit the negative aesthetic impact on the community for exterior construction projects, second, to linlit the exposure to the elements of the unprotected building materials. This frees up the time of the Building Official for other inspections or investigations. When complaints from neighboring residents are registered, the Building Official investigates them and attempts to work with the property owners to develop a timeline by which the exterior portions of their projects can be completed within the parameters of the ordinance. Although the proposed ordinance may not resolve all cases, it will serve as an additional enforcement tool used to encourage those who may deliberately and reluctantly choose not to complete the exterior portion of their improvement project within a reasonable period of time. In addition, individuals who submit applications for building permits would be informed of the new ordinance provision at the time of permit issuance. Discussion at the work session on November 21 requested that the permit holder be required to show significant progress, as deemed by the Building Official, within the first 90 days to assure completion by the 180 day requirement. Violations ofthis Ordinance will fall under the penalties of the City Code. P.l08 MOTION: Move to waive the reading of Ordinance #1501, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance #1501 for Monday, December 12, 2005 beginning at approximately 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: P.I09 ORDINANCE 1501 BEING AND ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 EXTERIOR IMPROVEMENT COMPLIANCE The City of Columbia Heights does ordain: Chapter 6, Article VIII, Section 6.801 ofthe Columbia Heights City Code, which cunently reads to wit: 96.801 VIOLATIONS. (A) No person, firm, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city without having first obtained a permit therefor pursuant to the provisions of this chapter. (B) No person, firm, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city except in confonnance with the standards for work performed and materials contained in this chapter. (C) No person, finn, or corporation engaging in building or construction or having any superior possessory interest in or owning real estate which is the site of such building or construction within the city shall refuse to allow an inspection by the Building Official or his agent or designated representative. (D) No person, firm or corporation owning or having a superior possessory interest in real estate within the city shall maintain any building or condition not in conformance with the provisions of this code. (E) No person, firm, or corporation engaging in any building or construction or owning or having a superior possessory interest in the site of such building or construction shall refuse to comply with a lawful order of the Building Official or his agent or designated representative under this chapter. (F) No person, firm, or corporation shall construct, or cause to be constructed or erected within the city any fence or swimming pool without first having secured a permit therefor from the Building Official. (G) No person, firm, or corporation owning or having a superior possessory interest in real estate on which a fence or swimming pool exists shall allow such fence or swimming pool to be other than in a condition of reasonable repair and shall not allow such fence or swimming pool to become or remain in a condition of disrepair or danger. Is thereby amended to read as follows: 96.801 VIOLATIONS. (A) No person, fiml, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city without having first obtained a permit therefor pursuant to the provisions of tlus chapter. (B) No person, firm, or corporation shall engage in any building or construction nor shall any person having a superior possessOlY interest in or owning real estate allow any building or construction to occur upon such real estate within the city except in conformance with the standards for work performed and materials contained in this chapter. (C) No person, firm, or corporation engaging in building or construction or having any superior possessory interest in or owning real estate wluch is the site of such building or construction witlun the city shall refuse to allow an inspection by the Building Official or his agent or designated representative. (D) No person, finn or corporation owning or having a superior possessory interest in real estate within the city shall maintain any building or condition not in conformance with the provisions of this code. (E) No person, firm, or corporation engaging in any building or construction or oWlung or having a superior possessory interest in the site of such building or construction shall refuse to comply with a lawful order of the Building Official or his agent or designated representative under this chapter. (F) No person, firm, or corporation shall construct, or cause to be constructed or erected within the city any fence or swimming pool without rust having SEP.ll Oa permit therefor from the Building Official. (G) No person, firm, or corporation owning or having a superior possessory interest in real estate on which a fence or swimming pool exists shall allow such fence or swimming pool to be other than in a condition of reasonable repair and shall not allow such fence or swimming pool to become or remain in a condition of disrepair or danger. (H) All exterior improvements of a structure, or portion thereof, including final grading to single family dwellings, multiple family dwelling of twelve (12) units or less or any structure accessory to a residential use shall be completed in accordance with City-approved plans within one hundred eighty (180) days after the date the City issued the building permit. Significant progress, as deemed by the Building Official, shall be shown within the first ninety (90) days. (1) All exterior improvements of a structure, or portion thereof, including final grading to multiple fanlily dwellings of more than (12) units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with City-approved plans within one (1) year after the date the City issued the building permit. (J) In all cases, the compliance deadline for exterior improvements shall be upheld unless a written request for an extension is submitted and approved by the Building Official. An extension may only be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. Examples would include a flood, fire, tornado, loss of job, prolonged illness or accident. The decision of the Building Official may be appealed to the Planning Commission, who acts as the Board of Appeals. This Ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.lll COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 28, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY NO: 'l.-A-'L Community Development MANAGER'S APPROVAL BY:tAA .... ITEM: Adopt Resolution 2005-84, Authorizing BY: Robert Streetar :{;\, 1 ~\ and Directing Condemnation of certain DATE: November 22, 200 ." ". /'. /~~~' i .F.' ."" ,,-:,..,)~ property for public road purposes in connection . ;Jl""~ Y v with the Grand Central Lofts Redevelopment Site BACKGROUND In September 2003, the Columbia Heights Economic Development Authority entered into a redevelopment contract with New Heights Development, LLC (Bruce Nedegaard) for the construction of owner-occupied housing and commercial development at the former Kmart site on Central Avenue, Since March 2005, Mr. Nedegaard has attempted to acquire the land necessary to complete the road. While the landowner has agreed, the contract between the landowner and the restaurant requires the restaurant's approval. The restaurant indicates they will agree only if Mr. Nedegaard provides $300,000 in parking lot improvements. Mr. Nedegaard has declined their request. It is important to note the land required for the public road is on top of the hill, above the BW3 parking lot, and is unusable by BW3, and it does not in any way reduce their parking. At the EDA meeting on November 22, the EDA approved an amendment to the development agreement that enables the City to move ahead to obtain the necessary land through the process of condemnation. Mr. Nedegaard is solely responsible for all costs associated with the acquisition. In order to keep this project on track, staff is recommending that the City Council adopted resolution 2005-84, authorizing condemnation for public road purposes. RECOMMENDATION: Staff recommends Adoption of Resolution 2005-84, authorizing and directing the Condemnation of certain property for public road purposes in connection with the Grand Central Lofts redevelopment site. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-84, there being an ample amount of copies available to the public. Move to adopt Resolution 2005-84, authorizing and directing the Condemnation of certain property for public road purposes in connection with the Grand Central Lofts redevelopment site. COUNCIL ACTION: Shared\City Council 2005\BW3 Condemnation11-28-2005 P.112 CITY COUNCIL CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2oos-8f RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and . WHEREAS, the City Council finds that it is necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for street purposes; and WHEREAS, the City Council fmds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the final report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if counsel for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The law firm of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. S 117.042, prior to issuance of an award of damages by Court -Appointed Commissioners. 3. The City Manager is authorized to determine the amount. of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. S 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. S 117.042. RJL-271254vl CL162-32 1 P. 11 3 OFFERED BY: SECOND BY: UPON VOTE: Adopted by the City Council of the City of Columbia Heights, Minnesota this _ day of November 2005. Gary L. Peterson, Mayor ATTEST: Patricia Muscovitz, Deputy City Clerk RJL-271254vI CLI62-32 2 P. 114 EXHIBIT A Legal Description of Easements To Be Acquired by Eminent Domain Proceedings (collectively, "Subiect Property") The street address of the affected real estate is 4811 Central Avenue N.E., Columbia Heights, MN 55421. The property identification number Dfthe affected real estate is: 25-30-24-32-0002 The legal description of the affected real estate is as follows: That part of the NW 1/4 oftheS W 1/4 of Section 25, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the west line of said NW 1/4 of the SW 1/4 383.00 feet south from the northwest comer of said NW1/4 of the SW1/4; thence East at right angles to said West line a distance of 550.00 feet; thence South and parallel with said West line a distance of 60.15 feet; thence West at right angles a distance of 195.67 feet; thence South and parallel to said West line a distance of 89.85 feet; thence West at right angles a distance of354.83 feet to said West line of said NW1/4 of the SW1/4; thence North along said West line a distance of 150.00 feet to the actual point of beginning. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. The description of the permanent easement encumbering said real estate for street purposes which is to be acquired by use of eminent domain proceedings is described as follows: That part of the NW 1/4 of the S W 1/4 of Section 25, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the west line of said NW 1/4 of the SW 1/4 383.00 feet south from the northwest comer of said NW1/4 of the SW1/4; thence East at right angles to said West line a distance of 550.00 feet; thence South and parallel with said West line a distance of 60.15 feet; thence West at right angles a distance of 195.67 feet; thence South and parallel to said West line a distance of 89.85 feet; thence West at right angles a distance of354.83 feet to said West line of said NWl/4 of the SWI/4; thence North along said West line a distance of 150.00 feet to the actual point of beginning. Which lies Easterly of the following described lines: Commencing at the northwest comer of OUTLOT E, GRAND CENTRAL LOFTS, Anoka County, Minnesota; thence S 89035' 12" E, along the north line of said Outlot E, a distance of 112.12 feet to the point of beginning of the lines to be RJL-271254vl A-Ip 115 CLl62-32 . described; thence N 26002'39" E, a distance of 20.67 feet; thence northerly along a tangential curve, concave to the west, having a radius of 250.00 feet, a central angle of25037'51 ", a distance of 111.84 feet and there terminating. The description of the temporary easement encumbering said real estate which is to be acquired by use of eminent domain proceedings is: Together with a 25.00 foot wide temporary construction easement, the easterly line of which is the above-described lines. Said temporary easement shall commence upon written notice by the City of ColUmbia Heights of its intention to enter said temporary easement tract or upon the City, its agents or employees entering the temporary easement tract to begin work, whichever shall fIrst occur, and said temporary easement shall terminate 180 days thereafter. RJL-271254vl CLl62-32 A-2p. 116 . ~ ". "7-C - { , CITY OF COLUMBIA HEIGHTS Public Works Depmiment , TO: WALTFEHST, CITY MANAGER FROM: LAUREN MCCLANAHAN, PUBLIC WORKS SUPERINTENDENT KEVIN HANSEN, PUBLIC WORKS DIRECTOR/CITY ENGINEER SUBJECT: WINTER PARKING ORDINANCE DATE: NOVEMBER 22, 2005 At the Winter Operations Meeting held on November 18,2005, employees of the Fire Department and Public Works discussed issues reqarding the City's Winter Parking Ordinance, with suggestions for possible revisions. Several items were discussed: 1. Increased enforcement of the existing Ordinance - prompt towing during snow emergency. 2. Change to odd/even parking during the day. 3. Change to odd/even parking at night, pennit only unless there is a snow emergency and then all parking would be banned. 4. Ban parking 24/7 on streets that have consistently been problems such as Circle Terrace and Gould. 5. Ban all parking on streets after midnight, November 1 to Aprill. The following streets have parking that consistently causes problems during snow plowing, not in any priority order: East of Central Avenue 1. Circle Terrace 2. Gould Avenue 3. Tyler Street - 45th Avenue to 4ih Avenue 4. Polk Street - 45th Avenue to 4ih Avenue 5. Taylor Street - 45th Avenue to 4 ih Avenue 6. Fillmore Street - 45th Avenue to 4ih Avenue 7. Johnson Street - 46th Avenue to 4 ih Avenue 8. Chatham Road - 45th Avenue to Golf Place 9. Tyler Street - 3 7th Avenue to 39th Avenue 10. Polk Street- 3ih Avenue to 39th Avenue 11. 4 2nd Avenue - Central Avenue to Reservoir Blvd. 12. Ulysses Street P.117 Memorandum to Walt Fehst November 22, 2005 Page 2 West of Central Avenue 1 47th AU' . 4th S . venue - mverslty to treet 2. ih Street - 40th Avenue to 42nd Avenue 3. 41 st Avenue - 6th Street to Washington Street 4. Washington Street - 40th Avenue to 42nd Avenue 5. Madison Street - 45th Avenue to cul-de-sac Any Ordinance revision(s) would also have to include: 1. Ordinance process change (2 readings) 2. Public education (newsletter, cable, website, other) 3. Council support 4. Departmental review and concurrence. Some of the reasons for the suggested changes: 1. Insure free passage and setup on the street for emergency vehicles such as Fire Department aerial truck. 2. Insure free passage for large snowplow equipment 3. Minimize accident potential (side by side vehicles) 4. Commercial Drivers License requirements have recently been changed. Based on tickets, accidents, etc. a driver could lose his or her license. Potential problems: 1. Yard waste pickup - BFI 2. Communication 3. Enforcement KH/LMcC:jb P.IIS WINTER PARKING ORDINANCE The concerns of the Fire Depaliment are: The wind rows from plowing take up 2-3 feet on each side of a street. When people park their vehicles they pal"k another 2-3 feet away from the snow so they can access the passenger side door. This provides a very nalTOW driving space if vehicles are parked on both sides. This also causes difficulty turning at intersections, especially with the aerial. We have to do a lot of serpentine driving just to go down a street. This takes up valuable time in all emergency. When we park our fIre dept vehicles in a street, including the smaller rescue truck alld a111bulance, we have to park 2-3 feet away from the snowbank to access the passenger side door alld to access compartments and equipment. The aerial ladder needs space for the ladder outriggers. This requires all additional 5 feet on each side of the truck. We are in favor of keeping the 2 alll to 6 a111 winter parking ban. Our concern is during the 6 a111 to 2 a111 daytime hours. We would like to see a "one side parking only" when the streets start to narrow due to snow build-up. It wouldn't have to be for the whole winter. This one sided parking would also pertain to permit parking. The problem with this is trying to notify residents, in the middle of the winter, when this type of ban would start and stop. I believe it is too late for this year but we could have an opportunity to educate our residents for a whole year before implementing it for 2006- 2007. P.119