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Home My WebLink AboutApril 24, 2006 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA TlON Mavor Gary L. Peterson Coullcilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg City Manager Walter R. Fehst 5~(~ 40th Aven~e N.E.. Columbia Heights. MN 55421-3R7X (763) 706-3600 TDD (763) 706-3692 VISit Dill' WebslIe {It: lI'II'II'.ci,(,o{lIl1lbia-lteiglIts.II1/l.II,\' The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, April 24, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Paul Widen, Oak Hill Baptist Church 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. PROCLAMA TIONS~ PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations 1) 2006 Arbor Day - Arbor Month P4 B) Presentations 1) Tom Letness, Heights Theater and Mary Ann/Gerry Herringer for outstanding service to the Columbia Heights Public Library Foundation - presented by Tom Sherohman, President C) Introduction of New Employees I) Kevin Farrington - Public Works Maintenance 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: I) Approve City Council Meeting Minutes for April 10, 2006 regular City Council meeting P 5 MOTION: Move to approve the minutes ofthe April 10, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the April 4, 2006 Library Board of Trustees meeting. P20 b) MOTION: Accept the minutes ofthe March 29,2006 Park & Recreation Commission meeting. P22 c) MOTION: Accept the minutes of the April 20, 2006 Telecommunications Commission meeting. P28 City Council Agenda April 24, 2006 Page 2 of 3 3) Adopt Resolution No. 2006-52, being a Resolution requesting MSAS Construction funds for other P31 local transportation uses. MOTION: Move to waive the reading of Resolution No. 2006-52, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2006-52 requesting Municipal State Aid System construction funds for other local transportation uses. 4) Approve renewal of Class B Gambling License for Immaculate Conception Church for one-time P33 gambling event held at the Church MOTION: Move 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 the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; for one event gambling at their Fun Fest August 12-13,2006, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body 5) Approve Renewal Premise Pennit Application for Immaculate Conception Church Charitable P34 Gambling License at Mady's Bowling Center MOTION: Move 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 issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 6) Approve the items listed for rental housing license applications for April 24, 2006 p4l1 MOTION: Move to approve the items listed for rental housing license applications for April 24, 2006. 7) Approve reissue of rental housing license for 1815-1817 41st Avenue as complies with City Code P46 MOTION: Move to issue a rental-housing license to Angela D' Angelo to operate the rental property located at A venue NE in that the provisions of the residential maintenance code have been complied with. 8) Approve Business License Applications p47 MOTION: Move to approve the items as listed on the business license agenda for April 24, 2006 as presented. 9) Approve Payment of Bills pl+9 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116752 through 116923 in the amount of$626,589.17. 6. PUBLIC HEARINGS A) A~LQl1tK~~Ql1J!iQJlNQ,~~fQQQ:5~4~Q~j;!Jgo-flY-esolution approving abatement at 4141 Jefferson Street P57 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-54 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-54, a resolution of the City Council of the City of Columbia Heights declaring the property at 4141 Jefferson Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. -2- City Council Agenda April 24, 2006 Page 3 of 3 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations - none C) Other Business - none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT h~ . &/~...~ Walter R. Fehst,'Oity Manager WF /pvm - 3- CITY OF COLUMBIA HEIGHTS <9 PUBLIC WORKS . CENTRAL GARAGE . SEWER/WATER . ENGINEERING . STREETS . PARKS 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763) 706-3700 FAX 706-3701 '1 -A .. I ARBOR DAY - ARBOR MONTH PROCLAMATION WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: trees, wherever they are planted, are a source of job and spiritual renewal. NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim April 28, 2006, to be ARBOR DAY AND THE MONTH OF MAY 2006 TO BE ARBOR MONTH IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA FURTHER: I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. DA TED: This 24th day of April Mayor Gary Peterson THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE - 4 -; OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER TDD (763) 706-3692 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 10, 2006 5- A - ( THESE MINUTES HAVE NOT BEEN APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 10, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENT A TIONS, RECOGNITIONS AND GUESTS Proclamations 2006 Prayer Breakfast Mayor Peterson read the 2006 Prayer Breakfast Proclamation. The breakfast will be held on Wednesday, April 26. Nawrocki questioned who was on this committee and whether it is appropriate for the city to be involved in this. He stated that it is a good event, but to be careful to keep government and religion separate. Peterson listed the names of committee members. He indicated that meetings are held during staffs lunch time, and there is no intent to cross any church/state lines. Williams stated that the Mayor and his family prepare and serve the food, and that funds raised go into the Columbia Heights Activity Fund. Introduction of New Employees William Haugen - Assistant Liquor Operations Manager Peterson introduced Mr. Haugen and asked him to come forward. Mr. Haugen stated he lives in Brooklyn Center and has 14 years experience in this business. He worked for the City of Savage and Johnson Brothers distributing. Councilmembers welcomed him. CONSENT AGENDA Walt Fehst, City Manager, took the City Council through the Consent Agenda items. I) Approve City Council Meeting Minutes for March 27, 2006 regular City Council meeting Motion to approve the minutes of the March 27,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the January 24,2006 Economic Development Authority meeting. b) Motion to accept the minutes of the April 4, 2006 Planning and Zoning Commission meeting. - 5- City Council Minutes April 10, 2006 Page 2 of 15 3) Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006 - December 31, 2007 Removed 4) Authority to run the Police Department Grid 8 Detail from mid May to the end of September in 2006 Motion to authorize up to $15,000 in overtime funds to be used by the Police Department to place an additional officer in the grid 8 area for up to 20 hours per week from May to September 2006 and to appropriate $6,786.14 from unexpended 2005 funds and an additional $8,213.86 from the General Fund, unreserved fund balance for this purpose. Fehst stated this has been a successful program with good feedback from the community and from the Council. Nawrocki stated that by adding two police officers to the force we should be able to provide the extra patrolling. Police Chief Johnson stated that the new officers would not be on the stre.ets on their own until late June. The citizens from the area requested this program. It was positive and calls were reduced by 13.8 percent. He referred to additional officers Minneapolis will add that will displace crime to the first ring suburbs. This would allow an officer to get out of the car to meet and know the people in the area. The program worked very well last year. Johnson commended the police supervisors that requested the program be implemented again this summer. He stated his belief that this is a minimum expenditure of funds with a huge return. Williams commended the Chief for under spending last year's fund allocation by $6,768. Nawrocki indicated that this should have been discussed at budget time and determined with other priorities. Nawrocki stated that the 4600 block of Washington and Circle Terrace area should be included also. Johnson stated that of every two hours, one-half hour is spent in those areas. Johnson stated this reduced calls dramatically last year. This is during peak times and is very important to have that omni presence; it makes a world of difference. Kelzenberg asked that officers also stop at Sarna's and check on them, as they have been broken into three times in the last three months. Diehm stated that she is very much in favor of a pro-active approach rather than reactive. Summer is a challenging time and we need to be supportive of this. Peterson stated that he was pleased with the progress in this area last year and pleased we saved a little money in the budget. Despite the money saved, he stated he would have recommended the coverage again this year. 5) Resolution 2006-50, Conditional Use Permit for Seasonal Agricultural Sales, Case #2006-0402 Motion to waive the reading of Resolution 2006-50, there being ample copies available to the public. Motion to adopt Resolution No. 2006-50, approving the operation of a seasonal mini-garden center at 2261 3ill Avenue NE from April 15, 2006 through July 15,2006, subject to the conditions outlined in the Resolution. - 6- City Council Minutes April 10, 2006 Page 3 of 15 RESOLUTION NO. 2006-50 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone's ACE Hardware Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37th Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on ApriI4,2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit 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 ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 6) Approve the items listed for rental housing license applications for April 10, 2006 Motion to approve the items listed for rental housing license applications for April 10, 2006. 7) Approve reissue of rental housing license for 1124-26 45th Avenue as complies with City Code 1\fotion tn 1<::<::111'" $1 rP.nt$1J-hnll<::inp l1i'.P.n<::P. tn OP.J$1n7$1 Fll1nt tn nnP.r$1tP. thP. rE~nt::ll nrnnertv InC:::lteo ..------- -- ----- - __00__' -----00-0 ____u__ -- - ___u__ ------ -- -r----- ---- __00___ r--r---J -- ----- at 1124-26 45th Avenue NE in that the nrovisions of the residential maintenance code have . been complied with. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 1 0, 2006 as presented. -7- City Council Minutes April 10, 2006 Page 4 of 15 9) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116582 through 116751 in the amount of$498,343.91 < 10) Adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. Motion to waive the reading of Resolution No. 2006-51 there being ample copies available to the public. Motion to adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. Fehst stated that the largest donation was from the Booster's, who contributed $32,000,000 to the Recreation program. RESOLUTION NO. 2006-51 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS FROM DEC. 2005 - MARCH 2006 WHEREAS, the City Of Columbia Heights has received the following gifts from December 2005 through March 2006; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed terms listed below: DATE DONOR PURPOSE COMM DEVLPMNT EDAM 2/1/2006 ECONOMIC DEVELOPMENT ASSN 1,000.00 SCHOLARSHIP 2/23/2006 PROFT, MAUGERITE 100.00 FIRE 2/23/2006 PARKS, LORRAINE 100.00 FIRE 2/23/2006 KREMER, ANN 100.00 FIRE 2/23/2006 CH OLD-TIMERS REUNION 334.22 FIRE 12/15/2005 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL 1/17/2006 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL 2/24/2006 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL 3/23/2006 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL FUND 883 CONTRIBUTED PROJ - SUBTOTAL GENERAL 2,154.22 12/21/2005 CH WOMEN OF TODAY 100.00 MURZYN HALL 1/17/2006 CH ATHLETIC BOOSTERS 30,000.00 YOUTH ATHLETICS 3/6/2006 CH ATHLETIC BOOSTERS 2,000.00 RECREATION 3/6/2006 CH LIONS CLUB 100.00 MURAL FUND 881 CONTRIBUTED SUBTOTAL PROJ-RECREATION 32,200.00 TOTAL OF ALL FUNDS 34,354.22 Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items #3. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006 - December 31, 2007 Nawrocki stated that we do not spend the time we should on this. It was previously stated that two work sessions were held, one less than one-half hour and the second was 45 minutes long. The sessions were held before some bargaining units were talked to. We don't get into details, which are -8- City Council Minutes April 10, 2006 Page 5 of 15 important. The information given today does not give the existing salary. Nawrocki referred to the letter received from one bargaining unit, and indicated it was unfortunate that we did not meet with them as a courtesy. He stated that across the board percentage increases are getting out ofline; the City Manager gets $6,000 over two years and those that plow the streets will only get less than half of that. He stated that he realizes there has to be a difference in pay scales. In years past there were questions of dollar increases versus percentage increases. Williams stated it is important that we have Linda Magee as our negotiator with the Unions and that we do not interrupt or interfere with the negotiations. We could possibly meet with these people later. He stated that our capable Linda Magee can handle this. Williams stated that this group was 49'ers. We must remember there are different levels of pressure and responsibility. Nawrocki agreed there are different levels, but the rich get richer and the poor get poorer. He stated respect for those doing the negotiating, but the final decision is the Council's decision. In the end you only hear that Council approved the increases. The problem is we do not get all of the information. The problem with the City Manager is that he does not act as professional as he should. Williams stated that Council gave Magee the latitude to negotiate, so in a sense we did approve this. We did not vote on it until tonight. Magee stated that Council set the parameters. Nawrocki stated that it was pointed out that the maximum would not be the starting point. We should be told what the reactions and responses were. Peterson complimented Magee on her negotiations this year that she did very professionally and complimented the City Manager on his professional involvement. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006-47, there being ample copies available to the public. Nawrocki stated that we do not know the total cost for this year over last year for the same services. Diehm asked ifthis was not covered in our budget information. Fehst stated yes. Peterson asked for concerns from the audience. There was no response. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1,2006 - December 31,2007. Upon vote: All ayes. Motion carried. RESOLUTION 2006-47 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 ''vV~qEP~AS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007. WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. -9- City Council Minutes April 10, 2006 Page 6 of 15 PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Business A) Discussion on modifying the Wine and Beer License for Billiard Halls Fehst stated that Jim Wetch, billiard hall owner, was given the information that only a 3.2 beer license could be considered, with an ordinance change. A strong beer and wine sale license requires, by state law, 60 percent of sales be from of food sales. Police Chief Tom Johnson has been to about six pool halls that allow liquor. The one facility that allows strong beer appears to be in violation of the law for food sales required. Fehst stated that he did not see any way we would be able to allow a strong beer license for Mr. Wetch's establishment. Chief Johnson stated he traveled to several billiard halls in the metro area and spoke to the managers regarding the request we received for a beer and wine license. He indicated that he had requested to take pictures of the other establishments, with all but one being very cooperative. Johnson stated that in conjunction with our City Attorney, he has determined there are two major issues to over come. We cannot change state law. The state law requires that 60 percent of annual gross receipts be from the sale of food and requires seating for not less than 75 guests at one time to obtain a strong beer and wine license. Johnson read additional details from the State Statute regarding strong beer and wine licenses. Johnson showed a power point presentation of the different facilities he visited. He stated that at Q Sharks, a Burnsville pool hall, their food service area is very small, similar to Wetch' s. They claimed they were not aware of the 60 percent sales requirement, and so appear to be operating outside of the law. The City ofBurnsville did not return his call on how that license was justified. Williams commended the Chief for his research on this, and asked if the Star Bar meets the food requirement. Johnson stated they have a restaurant, which qualifies them for the higher priced liquor license. Johnson showed pictures of the Shooters Cafe in Burnsville, Biffs, Doc's Pool Room in Spring Lake Park, Coon Rapids Billiards, and the new Two Stooges in Fridley. These facilities either meet the requirements for a wine and beer license or only serve 3.2 beers. All establishments are able to lock up the alcohol at the appropriate time. There are signs showing that no one under 18 years of age is allowed without adult supervision. Johnson stated that we could possibly work toward a 3.2 beer license, but beyond that it would take a State Statute change to allow strong beer and wine. Fehst asked Jim Hoeft, the City Attorney, his definition of a restaurant. Hoeft stated the difference would be what State Statute requires for each type oflicense. For a 3.2 license it does not mention a restaurant, only the preparation of food. The prior interpretation of a past City Council was that prepackaged food for microwaves did not qualify as the preparation of food. This Council could decide that prepackaged food, pizza oven, or hot dog machine would qualify as the preparation of food for a 3.2 license. Joh..'1son read the State Statute and City ordinance definition of a restaurant. Hoeft indicated that the city's ordinance was modified several years ago with the goal to bring our ordinance in line with the State Statute. The adopted city ordinance was stricter than State Statute. Hoeft stated that Jim's Pro Billiards does not constitute a restaurant at this time. Wetch questioned if the type of food he served was understood and indicated that he does not use a microwave. Peterson stated that State Statute sets the 60 percent food sale requirement. Wetch debated that Mady's Bowl dop.<< not meet that requirement. He stated that he does not - 10- City Council Minutes April 10, 2006 Page 7 of 15 want alcohol, but times have changed and he needs to make it available. Wetch indicated he did not want to leave without resolving the issue, and asked ifthere is anything he can do to change, he will. He indicated that in order for him to stay in business, a liquor license is now necessary. Williams stated that we have to live with the law. Changes could be made to get a 3.2 beer license. Wetch referred to the Burnsville facility that has no more than 25 seats. Fehst stated that is the statutory requirement, but our ordinance requirement is 75 seats. Fehst stated that businesses would have to prove their percentage of sales at audit time. Hot dogs and hoagies do not constitute a restaurant. Hoeft stated that the Star Bar does not have a food percentage requirement, as they have our highest level ofliquor license. Fehst stated that level carries a high fee. Peterson stated that the Star Bar has a Class A license. He questioned the Mady's license. Johnson stated that we receive an annual audit report on the business. Hoeft stated that the Star Bar was historically not meeting the 60 percent of sales figure and were allowed the higher level license with the agreement that they would improve their percentages. Peterson suggested Mr. Wetch try to qualify and work with a 3.2 license. Nawrocki stated that in the past Mady's had a regular restaurant with take out. With respect to the Star Bar, they started out as a nice restaurant, but kept pushing the envelope, and now call themselves an entertainment center. Nawrocki indicated concern for the liquor license request and the pitch to attract youth to the business. That is not a desirable thing for our community; we try to have family oriented businesses here. Nawrocki stated that he would not be in favor of this. Diehm stated that if we consider a 3.2 license, it would require us to change our position in our ordinance regarding minors. Ifwe issued a 3.2 license Mr. Wetch would not be allowed to admit 18, 19, or 20 year olds. That is a concern, as a large portion of the patronage appears to be youth. Diehm questioned if Mr. Wetch could live with the change of no one under 18 was allowed in his facility. Wetch stated that no one else does that and asked why it would be required of him. Diehm confirmed this meant that he would request the current ordinance be changed. Wetch stated yes. Fehst referred to the past Youth Commission that arra.'1ged for youth 14 and over be allowed into the pool hall without an adult. Fehst stated that with any type oflicense youth would be required to have adult supervision. Fehst stated that he has seen 3.2 beer work in other establishments. Wetch stated that it would be better than nothing, but asked that a determination wait until it is found how Q Sharks gets their license to see ifhe could do the same. Fehst stated that Mr. Wetch would have to meet the 60 percent food requirement. Wetch requested to change the poolroom ordinance. Hoeft indicated that we must follow State Statue and do not have the ability to modify it. JeffBahe, 3701 Central, asked if the Star Bar, when applying for their liquor license, showed numbers nroving the 60 nercent f.')od sales. Diehm stated that we have a Class D license for ~ ~- . . -t,.;;) .. -- -- - J..- -- .. - -- - ..--- _n -- -- .. -- --- --.~ - - -- -- ....-.--.......... -.. ..- - -- - those not established enough to verify the amount. Bahe asked if Wetch could pay the higher amount. Hoeft stated that a restaurant is a prerequisite. Wetch questioned how the City knows the percentage amounts. Peterson stated that each establishment is required to show their audit information proving the percentage of food sales versus alcohol sales. Kelzenberg indicated that Mady's Bowl does account for their percentage split. Wetch indicated that two places in Columbia Heights serve alcohol and do not meet the percentage requirement, and stated that the City overlooks it. Hoeft stated that the City does not overlook anything; we have a certified auditor sign each audit. - 11- City Council Minutes April 10, 2006 Page 8 of 15 Wetch again referred to Q Sharks and "how they run their business is O.K. with their City". Hoeft indicated that if Mr. Wetch can show the way that establishment is meeting the statutory requirement, he can bring that information to him and the Police Chief, and they can bring it to the Council. Nawrocki stated that to dispense alcoholic beverages you need a liquor license and there are rules that tie it into food services. The only reason the bowling alley has a liquor license is because of their restaurant, not because of the bowling. Wetch asked the requirements for a 3.2 license. Hoeft stated that Council would have to make a determination about changing the ordinance. Diehm questioned if the current ordinance covers minors. Hoeft stated that the 3.2 license ordinance currently does not allow pool halls. Nawrocki stated that even if the ordinance were changed there are still rules for dispensing alcohol. The owner would have to make up his mind to cater those that play pool or to those that come to eat and drink. Wetch questioned ifCouncilmember Nawrocki was against a 3.2 beer license for his establishment. Nawrocki indicated yes. Wetch questioned ifhe would have a majority Council vote for a 3.2 beer license. Fehst stated that he had mentioned limiting the age to 18. Wetch stated that other pool halls allow 17, 18, 19, and 20 year olds, and Burnsville allows any age. Fehst stated there would be a way to card purchasers. Peterson stated that he felt age 18 was fine and suggested a Saturday afternoon league for kids, with beer sales shut down. Wetch stated he could have a separate area of the pool hall for youth. Peterson suggested he continue to work with staff on this issue and that the ordinance would still have to be changed. Fehst stated that an ordinance was prepared for this meeting, but was removed. Johnson read the City Code regarding this issue. Wetch asked clarification that City ordinances can be changed, but Statutes cannot. Diehm stated that she does not want to just see an ordinance change, but a plan before it is brought back to Council. Fehst stated that it seems a 3.2 license may be the only available option. Diehm stated that not only must Council be shown a plan; they must also be in favor of it and as a Council want to change that policy. B) Adopt Resolution 2006-48, Conditional Use Permit (CUP) for Off-Street Parking at 3827 Central Avenue. Case #2006-0201 Jeff Sargent, City Planner, presented a conditional use permit request from Jeff Bahe for off street parking for vehicles that have been repaired and employee's vehicles. The subject property has been used the last eight years for storage and vehicles to be worked on. This would require cleanup of the area. The Planning and Zoning Commission held a Public Hearing on this at their April meeting and recommend CUP approval with a 5 aye - 0 nay vote. Nawrocki stated that the Planning and Zoning Commission included strong requirements in this permit that we can live with. We went through this with the same applicant on 39th Avenue, The paving requirement is understandable for weight restrictions and requested that existing parking areas be brought up to these standards. This is located at the east side of the alley. Nawrocki questioned the map indication of a vacant alley. Sargent stated this has been vacant for some time. He stated that the CUP is good for one-year period, and if the conditions not met within one year, that permit would become null and void. Peterson relayed discussion from the Planning and Zoning meeting on the number 3 condition requiring a six foot high fence with 80 percent opaqueness. This seems to be counter productive on the north end of the lot where it abuts 940 39th Avenue. It would require slates -12- City Council Minutes Apri] ] 0, 2006 Page 9 of]5 on an area that abuts a parking lot and where there are already vandalism problems. Peterson asked Hoeft if Council could allow a variance to not closed this off. Hoeft stated that Council can review a variance, but this is not a variance. Peterson asked if the condition could be changed. Hoeft stated yes. Sargent stated that condition number three is a reiteration of the City Code and would have to be adhered to. He stated that Mr. Bahe could file a variance request. Peterson stated that if there was no hardship, how could a variance be granted. Hoeft stated that they would have to prove a hardship. Peterson indicated he has a year to comply the CUP and then can request a variance. Hoeft stated that he does not have a year to comply, but that conditions are reviewed on a yearly basis. There would be consternation if it took eleven months to comply and then he may not be allowed to continue for the next year. Diehm asked if Council could decide to change our zoning ordinance to reflect areas with adjacent parking lots by mutual consent of adjoining property owners rather than the variance request. Hoeft indicated that would be proper. Sargent stated that this condition could be suspended from the CUP. Hoeft indicated the proper procedure would be to approve the resolution giving the applicant the option to seek a variance. Nawrocki stated the screening requirements are for the aesthetic benefit and protection of resident's rights. Motion by KeIzenberg, second by Diehm, to waive the reading of Resolution 2006-48, there being ample copies available to the public. Upon vote: Kelzenberg, yes; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Motion by Kelzenberg second by Diehm, to adopt Resolution No. 2006-48, approving an off- street parking facility located at 3827 Central A venue, subject to the conditions stated in the Resolution. Upon vote: Kelzenberg, yes; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION NO. 2006-49 APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JAMES SARNA OF SARNA'S RESTAURANT WdEREAS, a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3955 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on April 4, 2006; 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 r01l1nrphpn";:1VP PhUl ~~ tlipll ~;;.: :::.tnli l--"O,-"Pi") f'pl::.;i'pft h"\ tf',~ml'. nrClnprlv '\i:.lli"ll;:.~ 110h:- ::iiv d~n(rpr r'iffirf" ~nrl ri,k to _................t"'..._......_.....~... y... ..... .............., .......... v, -...... -~ ...........1 ...............--........ .......................... ........ ......................, !"'........,t'-......l . .........--...., ......O"'...~, ............, --~...o-'" ....- _A__, -~- --~~- ~.... 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 findings 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. -13- City Council Minutes April 10, 2006 Page 10 ofl5 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 L~e general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 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. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessible parking shall be at least 96 inches. 3. Four (4) handicap parking spaces are required for 76-100 total parking spaces. C) Adopt Resolution 2006-49, 2-foot Parking Stall Length Variance for Sarna's Restaurant, Case #2006-0401 Sargent stated that the Planning and Zoning Commission has heard the request from Jim Sarna for a two foot parking stall length variance. City Council has approved the preliminary plat, three other variances for this project, and the first reading ofthe vacation Ordinance. Sargent stated that the Zoning Code requires 54 parking stalls based on the maximum seating capacity of the restaurant of 180 people. The proposed development includes 74 parking stalls, at 9 feet wide by 20 feet deep. The applicant has requested a variance to reduce the parking stall depth from 20 feet to 18 feet, allowing for an additional 15 parking spaces. This would reduce parking in residential areas. The Planning and Zoning Commission held a public hearing and recommended approval of the variance by a 5-0 vote. Nawrocki questioned the communities surveyed on their parking stall sizes. Sargent stated that he surveyed close areas of a similar size, and indicated that Fridley does not have the 18 foot requirement. Nawrocki referred to his comments early on in this process regarding the lack of parking for patrons and employees. Sargent stated that the requirements set forth in the City Code take employee parking into consideration. Nawrocki stated this was not adequate and recommended that our ordinance needs to be reviewed, especially when next to a neighborhood. He stated this developer already has three variances, is requesting another variance, and we still do not have a final plan for the area. We are practically giving the land away now at $75,000 and they want help on contaminated material removal, The basic problem again is putting too much into that space. Nawrocki stated he would continue to not support the request for that reason. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-49, being a 'Rpc-'n.1Ht';c.n o;.lnnrn.U1fti'.. o;.l '1(.:.in';U"'i{"~{;...l'\rn ('>PM-<;l;n f"'O;l'\nri;t;Hnc nt"tlu::iI. r;t.o n.frnhn"nh;o;::a Up~tl"}d"" .L'\............,V.L,..u.....V..l...L u,.tJ'lJ.LV... .L..l.L,E:) u. ,. y......l.u..u.""...... .LLV.U.J. v,,",.... r..u...U..I. ,,",VLLU.Lt..1V.1..lJJ V.1 I..LJ."'" ,--",.L\.J V.l. '-'V....Y-L.L.lVLU. .....l."".l&H..u Zoning Code for Sarna's Restaurant, to approve the 2-foot parking stall length variance subject to the stated conditions. Peterson stated that when people plan in our community we have requirements in our zoning code that we have to live by, and these people have exceeded it. -14- City Council Minutes April 10, 2006 Page II of I 5 Upon vote: Kelzenberg, aye; Williams, aye; Kelzenberg, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Fehst stated his pleasure that building is soon to begin and he wished them extreme success. Nawrocki asked ifthe problem with Mr. Gondeck had been resolved. Peterson stated that we have addressed that issue and resolved it. RESOLUTION NO. 2006-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BAHE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MN WHEREAS, a proposal (Case #2006-0201) has been submitted by Jeff Babe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3827 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following fmdings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit 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 ATTACHED: I. All required state and local codes will be met and in full compliance. 2. AllY new lighting used to illuminate t.~e off-street parking area shall be shaded or diffhsed as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5- 7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9' x 20'. A minimum drive - 15- City Council Minutes April 10, 2006 Page 12 of 15 aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeff's Bobby and Steve's Autoworld. All vehicles stored on the lot shall have current license tabs. 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. D) Appoint Activity Center Advisory Committee Kirsten Partenheimer, Community Development Specialist, indicated that at the City Council work session regarding a proposed activity center, it was determined that the first step should be to appoint members to the advisory committee. These names are listed in the Council packet. Peterson requested to add the name of Denny O'Connell, 1917 44th Avenue NE. The group would consist of 34 members that have requested to be on the committee or have been recommended by the City Council. Williams asked that Pastor Dan Thompson be added to the committee. Nawrocki stated his disappointment, as he has not seen any general solicitation for committee volunteers. Most are people that have been involved to promote this issue. He indicated that Streetar stated there would be both pro and con members, but it does not appear that we made that effort. Fehst stated Council had made anyone welcome on both sides of the issue; and if interested they can still call us. We could bring forward additional names for Council appointment. Partenheimer indicated that the first meeting would be on April 26th at 7 p.m. at Murzyn Hall. She indicated the Mayor's desire that the committee members devote their time to this from the very beginning. Discussion indicated that Staff and Councilmembers would only participate in an unofficial capacity. Peterson stated his desire to move forward on this issue. Hoeft reminded Council that there would be meeting notification requirements. Nawrocki relayed the unhappiness of several School Board members with their involvement in the process. It should be a hand in hand process, with the cost shared. Fehst indicated there was a meeting with Superintendent Kaldor and several School Board members discussion concerns of hiring a consultant. Money is an issue for them, and any funds would require a reduction in classes. They want to be part of the process through support and input. There will be about ten people from the School District on the committee. Nawrocki stated it is easy to be supportive if you don't have to contribute money, and the City is not flush either. We should have the same restraints to raise taxes that the School Board has and should support levy limits. Motion by Diehm, second by Williams, to appoint residents interested in participating on the Activity Center Advisory Committee Members as identified in the council letter list. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager .. Nawrocki reported to him a resident call on a sink hole in their yard. Typically, the City supplys fill material. This was between property lines, one of which was a Habitat home. Viewed the property on his own and with staff. Habitate for Humanity was contacted and after viewing the problem agreed to work with the City and resident to correct the problem. We have no obligation to this problem, but the Mayor indicated he would personally be the general -16- City Council Minutes April 10, 2006 Page 13 of 15 contractor to see the problem to completion. Spoke highly of the Mayor's contributions to this community. Williams asked ifthere would be a work session next Monday night. Fehst stated no. Nawrocki commended the Mayor for helping with the sink hole problem. He disagreed that it was a civil matter. The hole is 30 feet deep by 10 feet wide. This is the kind of situation that we should help citizens with. We have engineering people and maps of the utilities and we should make an honest effort to help people. Fehst indicated that the Mayor's efforts, even though this was on private property. We have a responsibility to not get involved, but if we can help as volunteers, we will do so. Nawrocki spoke of a youth that fell in and drowned in a sink hole. Report of the City Attorney - none. CITIZENS FORUM - none COUNCIL CORNER Peterson stated that as residents are asked to limit comments to five minutes so are Councilmembers. Nawrocki . Stated his disagreement with a five minute limit. . Moonshoe Players performed last week at Murzyn Hall. This is a recreation program for middle school students. The next performance will be August 8. . Alumni Gathering will be Sunday, April 30 from 1:00 to 5:00 p.m. at Murzyn HalL This will be the first annual Columbia Heights High School get together. It will be a social event with short program. The Mayor will promote purchasing bricks to support the clock tower. This will be the last opportunity to sign up for a brick. . Still looking for a financial report of the Huset Park development. He has met with Streetar, but did not get a full report. The project is worth millions and we don't have a good record of it. This is necessary to collect our share ofTIF. . Stinson traffic light in front of the Heights Manor senior citizen facility needs to have a longer time setting. Fehst stated that Hansen has askedfor this change. . Suggested when there are five Mondays in a month that a work session be held on that Monday. . Requested an update on the house at 42nd and Cleveland. Fehst stated his belief that they sold the house and put the fence back up. The building official has indicated they are speaking of demolishing the home. Peterson questioned when the 60 day time limit is up. . The reference to cars in the middle of that block should include removal of a stack of tires that are clearly in violation of our ordinance. . Property tax statements - everyone's property tax went up, not only because of the school referendum. His personal increase was ten percent. Would like to find out why the city tax was ten percent rather than the five percent indicated at budget time. . Anoka County's 150tt. anniversary celebration is looking for community support. The Columbia Heights Historical Society has indicated willingness to work on the program. . A performance review of the City Manager should be held to determine any salary adjustment. Read the requirement from the contract. Williams indicated that a performance review may increase the salary above the current adjustment. Also indicated that expenses of the City Manager should receive Council approvaL -17- City Council Minutes April 10, 2006 Page 14 of 15 Diehm · County Commissioner Kordiak has offered assistance to process Property Tax refunds for residents from April 24th to June lth. · With the change in the weather it is great to see residents out cleaning up their yards. If there are questions on refuse or recycling, call BFI or Jean Kuehn, our Recycling Coordinator. . Watch out for children on bikes. Kelzenberg . Also watch for people on motor scooters. · Read the Police matters from the Green Sheet. Columbia Heights Police assisted with evidence from the Uptown homicide. . Referred to a problem with a neighbor. Went and talked to them and explained our recycling program. They did not previously understand how this was done and were grateful for the information and cleaned up the problem. Remember this is a diverse society and everyone may not understand our culture. Stated his appreciation for them cleaning up their property. Williams . Referred to Officer Paul Boonsteel's honor of being named Traffic Officer of the year and the newspaper article on it. . Our form of taxes is Ad Vlorum. One person complained that his value went down. County tax increases were higher than our City, and the school referendum was also part ofthe increase. Most of our citizens will be eligible for property tax refunds. . Will purchase memorial bricks for Al From, Esther Watson, and his parents. . Reminded everyone of the Citywide Prayer Breakfast. The Constable from Jamaica will be the guest speaker. He will also be speaking in St. Cloud. . We all don't have to agree, but must respect each other. . Referred to Pastor Briley's request for peace and unity of our citizens. Stated his agreement. Peterson . There will be a program on meth problems on April 18 at the High School. It will be very enlightening. 80 percent of crime, or higher, is due to drugs. . There will be a depression awareness session on May 2nd. Suicide takes more people than homicide. Students and parents should attend this. Liz Bray from our Recreation Department is handling this. Our Recreation Department does a great job with youth and seniors. . The Prayer Breakfast will be April 26th. . Dedication of the Clock Tower will be June 23 at 1 :00 p.m. at 40th and Central by the clock. There will be a few surprises. Brick sales will end April 30, to give the engraver time to do his job. Requests that all commissions, boards, departments and department heads take pictures of their groups to include in the time capsule. Weare getting down to the wire and we want everyone involved. Nawrocki indicated that the fence behind the old Bridgeman's restaurant is in terrible shape. Wargo Court Park needs clean up. Peterson stated this is a good time for Spring clean up. With the wind blowing trash around asked that everyone look at their yards, homes, businesses, and apartments and start picking up, cleaning up, and painting to get our community in the best shape we can. Williams wished everyone a happy Easter. -18- City Council Minutes April 10,2006 Page 15 of 15 Peterson stated that everyone on the City Council wishes everyone in the community and staff a wonderful Easter and holiday. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:35 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -19- _~--A - 2- c" COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 4, 2006 The meeting was called to order by Chair, Barbara Miller at 7 :05 p.m. Those members present were Barbara Miller, Bruce Kelzenberg, Patricia Sowada, Lynette Thomson, Nancy Hoium, Catherine Vesley, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the March 2, 2006, Board meeting as mailed. Bill list dated 3/13/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 3/27/06, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. The elevator malfunctioned on a Tuesday morning after storytime with patrons inside. Staff called 911, the fire department responded and the patrons were rescued without incident. Schindler Elevator was called, and the elevator was shut down. When Schindler arrived they were getting an intermittent electrical signal to the main power panel. The elevator continued to be inoperable until the following day when Xcel Energy could be called. Xcel Energy located the problem at the pole outside the building. A connector probably over 40 years old had frayed and could not send a full signal into the building. Xcel replaced the faulty connector and the elevator worked properly. The Board viewed the faulty connector. Old Business: 1. Discussion about the proposed sculpture for the backyard was tabled until the May meeting. 2. Community Center article from the Northeaster was discussed. There is no further information available at this time. 3. LSTA Grant has been submitted. Nothing has been decided at this date. Becky expects the grant to be awarded sometime in Mayor June. 4. Wi-fi update was provided. Northtown branch of Anoka County Library went live today, April 4, 2006. The Columbia Heights Library is scheduled for Tuesday, April 18. 5. Becky and Kelly attended Acquisitions training with Lynne Weiss and Judy Soule at LSS. The 2005 accounting has been rectified, and the procedure for invoicing and paying invoices in Workflows has been _..~+-;_ _1_....._ ]JUL 111 ]Jli:lvl;;;. 1 -20- New Business: 1. The proposed items from the Library that will be included in the City auction were reviewed. 2. It was moved, seconded and passed to transfer $60.00 from line item 2170: (Program Supplies) to line item 2990: (Purchase for Resale) to cover the cost of plastic book bags offered for purchase at the Library. 3. Minnesota State Annual Report for 2005 was reviewed with the Board. 4. The Board reviewed the article that Tom Sherohman forwarded from the Star Tribune concerning art groups reaching out to the suburbs. 5. Information about the annual Columbia Heights Jamboree and parade was shared with the Board. The parade will take place on Friday June 23,2006, at 6:30 p.m. The Board would once again like to participate. Plans were discussed, and a sign-up sheet will be posted for staff that would like to volunteer to participate. 6. Newsletter from the State Library was reviewed. 7. "Every Child Ready to Read" grant has been awarded to The Anoka County Library, Columbia Heights will also participate. Information about the grant was discussed. 8. Collections information is operational on SIRS!. Letters were sent out for the first time through the new system beginning last week. 9. It was moved, seconded, and passed to transfer $1,000.00 from line item 2184: (Videos) to line item 2189: (DVD's). 10. Barbara Miller announced that Mary Kloss will be retiring effective June 30, 2006. There being no further business the meeting was adjourned at 8: 10 p.m. Respectfully submitted, ~~.~ 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 -21- City of Columbia Heights Park and Recreation Commission March 29, 2006 THESE MINUTES HAVE NOT BEEN APPROVED. 6-A-)-b Jerry Foss called the meeting to order at 6:35 p.m. ROLL CALL Members present: Jerry Foss; Stan Hoium; Kevin McDonald; Tom Greenhalgh; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Mayor Gary Peterson; Lauren McClanahan, Superintendent of Public Works Eileen Evans, Kevin Hansen, Public Works Director/City Engineer Absent: PUBLIC HEARING FOR PRESTEMON PARK ATHLETIC FIELD LIGHTING Recreation Director, Keith Windschitl, presented a general statement of the proposed project and how it is to be financed. Currently in the City of Columbia Heights we only have two ball fields with lights. Columbia Heights Recreation needs additional ballfields for both youth and adult programing, especially during the fall of the year when it gets dark early. Prestemon Park ballfield is not used in the fall because it does not have lights. The Recreation Program has added new programs, such as girls' fastpitch softball, within the last few years. This in turn requires additional need for field space. Prestemon ballfield is one ofthe best fields in the city. Within the past few years it has received new backstops and fencing that have made it safer for the participants. As a recreation department we want to have the ability to expand our programs and meet the current and future needs of our growing community. It is the goal of our department to provide positive recreational opportunities that will attract and retain residents. With an additional lighted ballfield we would not have to hold late night games on the only field we currently have because we could distribute the game times evenly. Cost for the Prestemon light project is appoximately $85,000. Funding of the project would come from the 881 donations account made up in part from Athletic Boosters, Tri-City Legion and other private donations. Jerry Foss Vice-Chair introduced Craig Gallop from Musco Lighting to explain the improvements in lighting technology. Mr. Gallop explained that he is speaking as a lighting technician and not a representative of Musco Lighting. He explained that traditional lighting created a halo effect using glare light; new technology uses spill light, which is measurable. Photo examples were passed around of various light fixtures and of how quickly the light will drop-off into darkness with regards to property lines. A seven- minute tape was shown on a similar city project detailing the before and after effects of the ball field lighting. Resident JoAnne Student reaffirmed with Mr. Gallop that he has attended the public hearing to explain the general differences of lighting and not on behalf of Musco Lighting. Ms. Student also requested an explanation of the bidding process. Mayor Gary Peterson explained that specifications are written for any type of -22- Park & Recreation Commission April 18,2006 2 project like this and the goal is to receive as many bids as possible. Staff reviews the bids and brings them to the City Council. Usually the low bid is taken, however the bid must be responsible. Resident Ben Erickson commented that his parents live across from the Columbia Heights High School and they noticed a considerable reduction in light spillage when the athletic lighting was replaced. Resident Robert Barnick asked those in attendance if they were concerned with the type of lighting or with installing any lighting at the park. Resident Paul Bona responded that he is concerned with Columbia Heights and the forward progress with Columbia Heights. He was involved when Huset Park was receiving lighting and he wants to see Columbia Heights progress in the athletic programs. He is in favor of athletic field lighting at Prestemon. Barnick responded that he is opposed to lights at the park and asked the commission if this matter is a done deal. Foss replied that it is not. He also indicated that we are holding the Public Hearing to receive input on the project. Windschitl informed the residents that the feasibility report done by the staff contained information regarding the Prestemon Park Project. The Recreation Department is very interested in moving forward with this proposed project. He feels that it is essential to provide programs within our Recreation Department that will attract and retain residents, especially with all the new development that is currently going on in our community. Foss opened the hearing for public discussion. Resident Ben Erickson, 4912 Jefferson St., a parent of young children, grew up in Columbia Heights near a park that was greatly underused. More cost efficient to use the park to the full potential than maintaining it with the current conditions. Lights deter crime. Desires others to respect young families and keep Columbia Heights a competitive city. Resident Dave Torkildson, 3918 Cleveland St., submitted a petition with 31 signitures from 18 different addresses opposing lighting. Traffic and parking is already breaking the zoning 9.106 ordinance with the unlit games. Original master plan was to be a passive park, over the years has upgraded to a non-passive park. By having players from other cities the Columbia Heights tax payers' money is going to other cities. Noise is an issue. On 39 'l2 people park on both sides of the street and turn around in his driveway. Bathrooms are an issue. Resident Margaret Klimek, 3959 McKinley St., regarding noise, screaming and terrible language. Has called police on parking on both sides of street. Believes with lights there will be extra noise, garbage and dogs. Concerned for her small grandchildren. Resident Priscilla Barnick, 2300 40th Ave., kids do not play night games so no need for lights, trash in her yard everyday, people stay late no matter what time the games end. P. Barnick is against lighting. Believes that there are problems now and that they will increase with lights. Sees nothing positive for the neighborhood. Why not light more fields at Huset? Windschitl responded that in the Huset Park plan the fields could be down for one to two years and a location will be needed to cover for missing fields during that time. Windschitl also added that if the city has more lit fields to play, earlier games can be spread out and not concentrated at one field causing late games. -23- Park & Recreation Commission April18, 2006 3 Resident Robert Barnick, 2300 40th Ave., addressed that lighting will deter crime; according to the lighting proposal it is not the kind oflighting for less crime. Believes the feasibility report does not hold water; a feasibility report goes out and looks at the situation and how the area will be affected, not the measurements of the field. He has confronted players. There is urination. He feels that a feasibility report should include but not be friendly to ball players. The backstop is far away from parking lot, suggested moving backstop to comer. Asked what Fund 881 is. Windschitl responded that it is a donation account that the City uses for donations made to the City. R. Barnick requested a copy of game schedules and list of player's names. Parking is always a problem. Cost to run lights? Gallop replied about $5 per hour. R. Barnick understand the Huset Park fields not being available while under construction. Asked how much money per team. Windschitl, $385 per team. R. Barnick, how much time to groom the field? Windschitl, depends on the field and conditions, maybe one hour. R. Barnick, overhead and cost is over $38 per hour, believes we do not charge enough to maintain. Said that people knock on his door to use the bathroom, why not open park building for bathrooms. Resident Michael Laabs, 4614 Johnson St., his impression that he is getting from the previous residents is that their main concern is with the adults. Prestemon Park is one of the best fields in Heights and the kids that he coaches love it. If there is lots of trash suggest that cleanup be done more often at the park. Biggest issue for him is that the trail is not lit up, wife is scared to walk alone, feels police are not there often enough. At Huset Park police patrol the area very often. Feels fortunate to live by a park. Asked if kids can be at Prestemon Park more often, it is a great park and field. As a coach feels this is a very safe park. He will address previously mentioned concerns when he is at Prestemon Park. He believes the park will be used more if there are lights, his wife will be there more often. He is in favor ofthe lights; the improvements will keep kids safe. Resident Bob Surbrook, 4608 Pierce St., many youth athletic home games are not held in Columbia Heights because of the lack of fields with lights. Sees this as a great opportunity to keep kids here for home games. Knows the traffic is a legitimate concern but believes that the benefits will outweigh the negatives. Resident Steve Craig, 3868 Tyler St., hears that residents are mainly concerned with inappropriate adult behavior, asked how lighting would increase problems. Windschitl responded that by having more fields with lights he is able to schedule games less late in the evening. S. Craig, the park usage would be increased on an average of one hour. Considering problems already exist regardless of lighting, he feels the problems would not increase with lights. Police issues should be brought to the Police Department. Resident Debra Getty, 3949 McKinley St., has lived there since the first year of softbaii at Prestemon Park. Asked if permits are given to drink alcohol? Windschiti responded yes permits are given for 3-2 beer. D. Getty, feels that alcohol permits need to be omitted, agrees with moving the backstop down the field. If parking is to increase more believes something bad will happen. Okay with kids using the fields, her problem is with the adults. -24- Park & Recreation Commission April 18, 2006 4 Resident Aurora Johnston, 3977 Polk St., lives by Ostrander Park and believes that it is a benefit to live near a park. There is a hockey rink, lights and traffic, but it shows that the area is being used and that is what we want. Walks to Prestemon two to three times a week and does not see the problems that have been previously stated. If cars are parking on both sides of the street people are forced to slow down to pass through the area. Columbia Heights needs to expand and residents need to be realistic about living near a park. People are in and out of her driveway all of the time and she has learned to deal with that one downfall. Has not seen the faults at Ostrander Park. She believes that Prestemon Park is not being used to it's full potential. Resident Paul Bona, 612 40th Ave., he understands the concerns and has also learned to contend with issues that come with living near a park. As a coach he feels there is a need for more fields with lighting. Keith and the Recreation Department do a tremendous job with what they have. There are not enough fields or games for kids and the city is not inviting for kids athletics. Asks for residents to support people trying to build Columbia Heights for kids. We need to do something for the kids in this community. Foss closed the public hearing and asked for any discussion from the Commission. Commission Member McDonald feels that this issue needs more discussion. Foss replied that his personal feelings are to table the motion until next meeting and take the time to look into the concerns of the public. Motion by Greenhalgh to table the Prestemon Park athletic field lighting project until the April Park and Recreation Commission Meeting to look into the concerns mentioned during the public hearing; second by Hoium. All ayes, motion carried. APPROVAL CONSENT AGENDA Motion to approve consent agenda by Greenhalgh; second by Payne. All ayes, motion carried. LETTERS AND REQUESTS None at this time OLD BUSINESS Recreation Director reported to the Commission that Council Member Nawrocki requested with him to revisit the request from the Columbia Heights High Alumni Committee on the subject of waiving the fee for the Alumni Get-Together on April 30, 2006. Nawrocki f~els that the lee should be waived, now that the event win be a fundraiser for the Peace Clock. Mayor Peterson indicated the costs for this event are being defrayed through the Activities Fund. Foss commented that when Tom Sherohman attended the February Park and Recreation Commission meeting he was very appreciative of the reduced price for $40 entry fee and $15 per hour charge. Motion by -25- Park & Recreation Commission April 18, 2006 5 Payne to keep the charges of $40 for entry fee and $15 per hour charge to cover labor costs, second by Hoium. All ayes, motion carried. NEW BUSINESS Windschitl stated that RES Specialty Pyrotechnics and Melrose North Pyrotechnics, Inc. have submitted proposals for the fireworks show to be held on Saturday June 24, 2006. Last year the cost for the show was $6000.00 of which the City covered $3000.00 and the other $3000.00 is covered from donations that the Recreation Director receives from local organizations. Melrose conducted the fireworks show 5 to 6 years ago and they currently do the Columbia Heights Homecoming show. RES Specialty Pyrotechnics has been used for the last 3 to 4 years. Payne asked what would happen in the case of rain. Irv Haman the Director of Business Development from RES said that they would then carry over the show to the next evening and the setup would be monitored until the next show. Stroik asked if the both days were to be rained out, would the fireworks be able to be used for Homecoming, and also what is the length of the show. Haman responded that they could re-work the show to another time and the contract is set up for a minimum show length of 15 minutes, last year's show was 18.29 minutes. Foss responded that last years show was fabulous. Payne said he would like to see the gas fireworks again. Ben Erickson a resident of Columbia Heights and employee of RES commented that he has worked the fireworks show for the Jamboree for both ofthe biding companies and he is very proud of the work from RES. Motion by Stroik to hire RES for the 2006 Jamboree Fireworks show, second by Payne. All ayes, motion carried. REPORTS RECREATION DIRECTOR Windschitl extended congratulations to the Park and Recreation Chair Evans, and Commission Members McDonald, Payne and Stroik on their reappointment to the Park and Recreation Commission by the Columbia Heights Mayor and City Council. He also invited all Commission Members to the Annual Columbia Heights Prayer Breakfast on Wednesday April 6, 2006 and passed out flyers regarding the event. PUBLIC WORKS SUPERINTENDENT Public Works Superintendent McClanahan informed the Commission that field 3 at Huset Park has been delayed from the original startup date of April 1 st because ofthe weather. The fencing work has started. Stroik suggested using Prestemon Park for the High School girl's game next week ifHuset Park Field is not ready. COMMISSION MEMBERS Mayor Peterson reported that the City Council approved hiring a facilitator regarding additional gym space in Columbia Heights. The scheduled meeting with the School Board for Monday April 3, 2006 was canceled. The Council would like to narrow down -26- Park & Recreation Commission April18,2006 6 an area for additional gym space in the next six months. Foss asked ifthere has been any discussion from the YMCA. Peterson said that there has not been any further discussion. He also informed the Commission that Community Development Director Bob Streetar has applied for a 4 million dollar grant to help with the cost of additional gym space. ADJOURNMENT Jerry Foss thanked the Commission for their hard work and dedication to Columbia Heights and adjourned the meeting at 8:50 p.m. Deanna Saetke Recreation Clerk Typist II -27- THE MINUTES OF THE TELECOMMUNICA nONS COMMISSION FROM THURSDAY, APRIL 20, 2006 j\l 0 -\- I~ PP Ie. Uf d II fT , [; - A- L - L The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Bob Buboltz, Dave Mahoney, Ken Henke, and Brad Peterson. Council Representative: Bruce Nawrocki City Representative: Jean Kuehn Comcast Representative: Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Brad Peterson, second by Bob Buboltz, to approve the minutes from the meeting of January 19, 2006. All ayes. OLD BUSINESS A. Channel Check Everything checked out fIne. B. Correspondence Log and Follow Up on Complaints There were no complaints to follow up on at this time. C. Other Old Business No other old business. NEW BUSINESS A. Franchise Fee for 4th Quarter 2005 We received the 4th Quarter franchise fee payment and a copy was enclosed in the agenda packets. B. Notice of the Addition of the New Family Tier Beginning March 31, 2006 Comcast is offering a new h~vel of service called the Family Tier. Parents will be able to limit their children's access to only the programming currently available on the Basic service and 16 additional channels of fanliiy oriented programming resulting in the "Falnily Tier". This service will be available with a Digital Converter 'vvmch will aIlov; customers to utilize the capacity of that converter to set additional restrictions on access to programs on the available channels by rating. A television with a V chip does much the same, as does using the parental control capability in the converter boxes. But people don't necessarily know how to use these features, so Comcast is providing the service for them. The fee for this service is $9.10 for the Basic service, plus $14.95 for the Family Tier Channels, pIe: ihi _.fees for the box, remote, peg and franchise charges. TELECOMMUNlCA nON COMMISSION MINUTES APRIL 20, 2006 PAGE 2 C. Notice of the Addition of RetroPlex and IndiePlex for Digital Plus customers Digital Plus customers will be able to preview two new channels from Encore-RetroPlex on Channel 167 and IndiePlex on Channel 168 beginning April 3, 2006. RetroPlex will highlight films of the 1950's, 60's, 70's. IndiePlex will show independent films. They will be added to the line-up on April 30. D. Receipt of Forms 1205 and 1240 Notice was received that Forms 1205 and 1240 were filed with the FCC on March 1,2006. These forms represent Comcast's annual filing for adjustments to basic service, equipment, and installation prices. The forms are available if anyone on the Commission wishes to review them. There was a discussion regarding how much rates were being raised now. Kathi explained these forms are required to be filed annually and will affect the fees for 2007. She reminded the members that Basic rates actually went down last time, even though the other fees increased. She defended the increases by stating that fees they pay for some of the programming, as well as the improvements and upgrades Comcast continues to make to the system justify these increases. And she stated that stats show that subscribers appreciate the upgrades and improved technology. Those subscribers who have digital service stay with the system longer and subscribe to more services than those who do not have this capability. There also was a discussion regarding proposed legislation that will allow competition in the cable industry that won't be regulated as it has been in the past. Comcast is fighting this proposal as it creates unfair and unequal rules to operate a system. Cities rights will also be taken away in this proposed legislation, and franchise fees will go to the Federal Government rather than local cities. E. Receipt of the 2005 Annual Report The Annual Report was enclosed in the agenda packets for review. Kathi explained she compiled the report with as much information that was city specific as she could. She also submitted a copy of the company's 2005 Annual Report that provides all the financial information for the company as a whole. The members briefly discussed some ofthe items included in the report. Motion by Bob Buboltz, seconded by Ken Henke, to accept the annual report as presented All ayes. MOTION PASSED. F. Other New Business ~~o other nev~ bllsiness~ REPORTS A. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report -29- TELECOMMUNICATION COMMISSION MINUTES APRIL 20, 2006 PAGE 3 B. Report of Comcast- Kathi answered questions regarding the stats provided in the reports for January-March, and she briefly reviewed the high points of the montWy newsletters. Dennis questioned the outage reports and what dictates when outage information is detailed. He felt that since small neighborhood outages of 7 -9 households wouldn't notify IVR of a problem, information isn't readily available when reports are made. Kathi agreed and said she would address this matter with others at Comcast. C. Report of City Staff Jean reported that since VHS-VCR tapings provide poorer quality, the City is changing over to recording in DVD format. D. Report of the Cable Attorney Nothing further to report. Motion by Dave Mahoney, seconded by Ken Henke, to adjourn the meeting at 7:40 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary -30- CITY COUNCIL LETTER Meeting of: 4/24/06 AGENDA SECTION: CONSENT AGENDA NO: 5- -~ ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse~ j DATE: 4/I9~ CITY MANAGER ITEM: RESOLUTION 2006-52 REQUESTING MSAS CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES By4~ DATE: Background: As discussed with the Council previously in 1999, the Commissioner of Transportation declared the City's MSA System complete. This allows the City to utilize the population apportionment of the annual construction allotment for local street construction. These funds are intended to supplement the infrastructure fund for the annual Street Rehabilitation Program. Analysis/C oncl usio ns: MnDOT requires a resolution requesting funds for other local uses to be approved annually once the State-Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain MSAS funds that will supplement the City's infrastructure fund for street rehabilitation projects. The City typically requests $270,000 (close to the maximum amount available). Currently, this amount is sufficient to supplement the infrastructure fund and still provide resources for other construction projects, such as Huset Parkway. Recommended Motion: Move to waive the reading of Resolution No. 2006-52, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2006-52 requesting Municipal State Aid System construction funds for other local transportation uses. Attachment: Resolution COUNCIL ACTION: -31- RESOLUTION No. 2006-52 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORT A TION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.54 MSAS miles are currently authorized, and WHEREAS, J J .54 MSAS streets have been built or resurfaced since J 964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City of Columbia Heights, Anoka County Minnesota, requests the release ofMSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 38th Avenue, Dead-end to Main Street 2nd Street, 37th Avenue to 38th Avenue 2nd Street, 39th Avenue to 40th Avenue 2Yz Street, 37th Avenue to Edgemoor Place Edgemoor Place, 2Y2 Street to 3rd Street California Street, 39th Avenue to Cul-de-sac 2nd Street, 38th Avenue to 39th Avenue 2Y2 Street, Edgemoor Place to 3rd Street 3rd Street, Edgemoor Place to 40th Avenue 39th Avenue, California Street to Main Street Edgemoor Place, 2 Y2 Street to 40th Avenue 3rd Street, 38th Avenue to Edgemoor Place 38th Avenue, 3rd Street to Dead-end 2nd Street, 43rd Avenue to 44th Avenue Tyler Place, 43 Y2 Avenue to 45th Avenue 43 Y2 Avenue, Dead-end to Cul-de-sac 44 Y2 Avenue, Tyler Place to Cul-de-sac Buchanan Street, 44 Y2 Avenue to 45th Avenue Dated this 24th day of April, 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk -32- CITY COUNCIL LETTER AGENDA SECTION: Consent NO. ~-A-4 ORIGINATING DEPARTMENT POLICE BY: Thomas M. JOhn~on DATE: April 19, 2006 -~ CITY MANAGER APPROVAL: BY: 1;" DATE: ITEM: Renewal of Class B Gambling License for Immaculate Conception Church for one-time gambling event held at the Church NO. BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a Class B license renewal application, which is attached. The renewal would permit charitable gambling on the premises at Mady' s Bowling Center, 3919 Central Avenue N.E., Columbia Heights, Minnesota. The Church ofImmaculate Conception has indicated they would be using this permit for a two-day event--their Fun F est, August 12-13, 2006-- at their location,4030 Jackson Street N.E., Columbia Heights, Minnesota,. "Resolution No. 2004-23, item 6 allows for a license fee of$25 to be paid for an event of three days or less to be conducted at a location other than the established license location." ANAL YSIS/CONCLUSION Since the organization satisfies the City Council' s resolutions regarding charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; for one event gambling at their Fun Fest August 12-13, 2006, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body mId 06-077 attachments II .. COUNCIL ACTION: II " I -33- CITY COUNCIL LETTER AGENDA SECTION: NO. Consent 5 . A - .s- ORIGINATING DEPARTMENT POLICE ITEM: Approve Renewal Premise Permit Application for Immaculate Conception Church Charitable Gambling license NO. at Mady's Bowling Center BY: Thomas Johnson DATE: April 19, 20 BACKGROUND The Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit application to hold legal gambling activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights, Minnesota. lC.C. has submitted a copy of the floor plan and lease agreement with Mady's Bowling Center along with the permit fee. ANAL YSIS/CONCLUSION Since the organization satisfies the City Council resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at Mady' s Bowling Center, 3919 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mId 06-076 Attachments COUNCIL ACTION: -34- f:Zng UCon~ Minnesota Lawful Gambling (LG200R) Lawful Gambling License Renewal Application Corrections should be made directly on this application Submit one checl< for all renewal fees, payable to State of Minnesota r-B";i.:iiU;;o;;~-1 . . . . ..... ~ ~ m ~......................." CEO: 1151 Church of Immaculate Conception (763)788-9062 4030 Jackson St NE, Columbia Heights, MN County of Anoka Albert P Backmann 5100 6th St NE, Columbia Heights, MN 55421 Jerome R Reitter 1026 133rd Ln NE, Ham Lake, MN 55304 Current license term: 7/1/2004 to 6/30/2006 Renewing license term: 7/1/2006 to 6/30/2008 I Check this box If you;=- I I organization qualifies for I I the waiver of the $350 I I organization license fee I defined in MN Statute -..!49.1~Ubd.~ _I Organization requirements: 1. An annual organization license fee of $350 is required. Authorization: Organization: (763)788-9062 Treasurer: (763)862-6284 r::- - - - - -- -- --- - - ---- - - -- ---, IAnnual Goal for Charitable Contributions % L_________________________I Premises permit requirements: 1. An annual premises permit fee of $150, 2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 001 Immaculate Conception 4030 Jackson St NE, Columbia Heights, MN 55421 Anoka County L-TownshiP of (if apPIi~ Gambling account # 5005160 Organization owns this site(Y Northeast State Bank Does your organization conduct bingo at this site? Y c>~ 3989 Central Ave NE, Columbia Heights, MN Is the resolution of approval attached? Y / N .' if' yes, 'the' a~~~~1iSt of th~ days a~ci begiruling a~d' ending hou~' of y~u~' " :. . . , . . . . . . bjng9 .o~C?~i<?n.s .IT!u~. b,e _ upg~t~d. ~n9 !~~'Tl~:. . .. ..... : I Checl< this box if this site has been discontinued or will not be renewed. [="~:~=:! Site number 002 Madys Bowling Ctr 3919 Central Ave NE, Columbia Heights, MN L-Township of (if applicable) Check this box if this site has been discontinued or will not be renewed. f - B"o"i.:ii us~- O~'~-1 . . . . . . . . .........-......................... Anoka County Gambling account # 5009261 Organization owns this site: N Northeast State Bank Does your organization conduct bingo at this site? Y (E) 3989 Central Ave NE, Columbia Heights, MN Is the resolution of approval attached? Y / N :. if'ye~, 'th?att~~:e~~i~ ~fth~ dayS and' begi~~ing and ending hou~' ~fy~tir . . . . . . . . . ,b,if!99 .o~C?~iC?n.s ,must. b,e, upgat~d an~ returned. 55421 Site number 003 K of C Council 4381 6831 Hwy 65 NE, Fridley, MN 55432 L-TownshiP of (if applicable) Check this box if site has been discontinued or will not be renewed. f.B~.:ijus~.o~iy.1 . . . . .............................".., Anoka County Gambling account # 5009261 Organization owns this site: N ." Northeast State Bank Does your organization conduct bingo at this site{i / N 3989 Central Ave NE, Columbia Heights, MN Is the resolution of approval attached? Y / N :. if' yes, th?a~;~~ ~iSt of the days and beginning and ending hours of your .. . ' . , , . , , ,bingo .o~ca~iC?n.s .mu?t. b,e . upg~t~d. ~n~ !~t:l}r!1,!!d: . . -35- Gambling Manager Requirements: 1. An annual gambling manager license fee of $100 is required. Gambling Manager Authorization Current License Term 7/1/2004 p-;;:;,ti" u~" aOl; ..........................-.... GM-01151-00l to 6/30/2006 Maureen Helen Vachuska 4930 Madison St NE, Columbia Heights, MN 55421 (763)572-1758 Bond: Catholic Mutual 8589 Last Education: 12/1/2005 Endose the required Gambling Manager Renewal Fee of $100 Check this box if the person listed above will not be Note: A new person may not renewing as gambling manager. Enclose a separate , assume or act as gambling -; LG212 application for the new applicant. Effective / manager until licensed by the date will run concurrent with the organization's license. Gambling Control Board. Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime involving gambling. 2. I have never committed a violation of law or Board rule that resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats. 5. I have never been, or am I now, connected with or engaged in an illegal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax retums required by the commissioner of revenue. 8. I do not owe $500 or more in delinquent taxes as defined in section 270.72. 9. I have been an active member of the organization for at least two years at the time of our organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. I am not a gambling manager or an assistant gambling manager for another organization. il. I am not a ies50rr a member or the ies50rs immediate family or a person residing in the same household as the lessor, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer, or distributor. 13. I am not the chief executive officer of this organization. 14. I am not the treasurer of this organization. 15. I was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked. Background Check. By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omissions arising from such application, may be commenced against me or my organization and I will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Changes in the information submitted in this application will be submitted in writing no later than 10 days after the change has taken effect. I hav~read this application and declare that all information subrrtied is true. accural:e~ and aomDlet~ ' rtIH%~- l1JLJkJ Signature, in ink, of gambling manager applicant Date: J.-; lip I D (p -36- License Number 1151 Current Expiration 6/30/2006 . Chief Executive Officer's Acknowledgement and Oath I declare that: I have read this application and all information submitted to the Board. All information is true, accurate and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required information or providing false or misleading information may result in denial or revocation of the license. A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. I have read this application and declare that all information submitted is true, accurate, and comz. y ~~/~f!:'f~ Signature, in ink, of chi executive officer Date: a / J~ /~ Mail complete renewal application (all pages), and one check made payable to the State of Minnesota for all renewal fees by: 5/1/2006 to: Gambling Control Board 1711 W Co Rd B #300 S Roseville, MN 55113 Licensing Contact: Email: Phone: Fax #: Kim Larsson kim.larsson@gcb.state:mn.us (651 )639-4072 (651) 639-4032 The infonnation requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the infonnation requested; however, if you refuse to supply this infonnation, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public infonnation when received by the Board. All the other infonnation that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agendes; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the infonnation; individuals and agencies for which law or legal order authorizes a new use or sharing of infonnation after this Notice was given; and anyone with your written consent. -37- Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity o anization name License number 1 l '\ Name of Ie sed p 8/05 Page 1 of 2 Daytime phone Check all activities that will be conducted: ~pull-tabS _Pull-tabs with dispensing device ..z TIpboards Xyaddlewheel _Paddlewheel with table _Bingo ~Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth opel"iltion - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r------------------------------------' Does your organization OR any other organization conduct gambling from a booth operation at this location? ~ Yes No L_________________________==_________~ If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: _ Booth operation - Bar operation _ Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device _ Booth operation and bar operation - Pull-tab dispensing device only _ Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % Complete one option: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option c: $0 to $400 per month may ~aid o~ first $4,000 of gross profit Amount to be paid $ vO . .-::::::,.. Plus 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid /0 % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits. Amount to be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding bar bingo. Percentage to be paid _ % Bar Bingo Rent _ Option F: No rent may be paid for bingo conducted in a bar. Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. I T:'1e lessor rnustattach documentation! verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. r------------, For any new bingo activity not previously I induded in a Premises Permit Application, I i attach a separate sheet of paper Hsting the j days and hours that bingo will be conducted. f L____________~ Amended Lease Only If this is an amended lease showing changes occurring during the term of the cunrent premises permit, both parties that signed the lease must initial and date all changes. Changes must be submitted to the Gambling Control Board at least 10 days prior to the change. Write in the date that the changes will be effective Lessor Date Organization Date -38- LG215 Lease for Lawful Gambling Activity 8{OS Page 2 of 2 Lease Term - The term of this lease agreement will be conaJrrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of me lessor will not partidpate as players in the conduct of lawful gambling on the premises. Illegal Gambling . The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling oc:aJrred on the premises and that the lessor or its employees partidpated in the megal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provision. . To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. . Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the Oc:aJrrence at the site of megal gambling activity in which the organization did not partidpate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision oc:aJrred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. o The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to permitted premises - The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-indusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, induding but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, electridty, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Tenns All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. list or attach other tenns or conditions (must be approved by director of Gambling Control Board) 1/ - ~ _____---- )\,\~'-d \ 1\' Signat Date ~~-~dc;::. I Signature of organizatIon official (lessee) Date 1 /,~.Frer~ Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TrY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine ',":"~~ compliance with Minnesota statutes and rules goveming lawful gambling activities. -39- ') , '~-, -', // / i (.,,(../~l --- CHURCH OF THE IMMACULATE CONCEPTION SITE:01151 ~062 . BOWLING ALLEYS BAR AND EATING AREA PULL TABS' I IBOOTH BOOTH BOOTH BOOTH BOOTH -40- /(~j ~. 4058 *'" """'" .... Northeast ColumblllHe/ghlw,MN-7&-~1 1& Bank Mfnnoapolls. MN -812-379-8811 ...... . Coon Rapflm, MN - 783-7114-3633 ~ ~~tC._ ityBank FOR \f ~ ~. 11100 ~ 0 5 B UI 'I: 0 q .000 . :l 21: ~_?1' ~~~-r:.-I{_______~ 500111 b 2 ? 5 III RESOLUTION NO. 2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING CWTently, Resolution No. 1996-46 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the pennission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of$l,OOO per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. 7. If the organization is detennined to be in violation of any of the tenns or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination ofviolations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOT, THEREFORE, BE IT RESOLVED that this resolution shall take effect on May 12, 1996, and shall replace Resolution 88-41. Resolution 1996-46 is hereby amended to read: RESOLUTION NO. ,2004-23 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statutes326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501,5.503, 5.504,5.505,5.506, or 5.57 of the City Code unless: -42- 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the pennission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the propIietor ofthe licensed premises a rental or lease payment in excess of $1 ,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anything to the contrary herein. an existing Class A or Class B licensee shall pay a license fee of $25 for any event. of three days or less. to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions ofthis Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are con-ected. Any such determination ofviolations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 26, 2004, and shall replace Resolution 1996-46. Passed this 26th day of April 2004 Offered by: Williams Seconded by: Nawrocki Roll Call: All Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg A~ ~~~) Patricia Muscovitz, CMC d Deputy City Clerk/Council Secretary -43- CITY COUNCIL LETTER Meeting of April 24, 2006 AGENDA CONSENT ORIGINATING DEP AR TMENT: CITY SECTION: Fire MANAGER 5- A -Iv APPROV AL NO: ITEM: Rental Housing BY: Gary Gorman BYd~ (- Licenses NO: DATE: April 18, 2006 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 24, 2006 COUNCIL ACTION: -44- Occupany 1.0. 10045 20028 30176 30178 10044 20179 12040 10096 20130 20085 10034 10104 12182 12047 20194 12048 20044 20200 30121 30006- 20167 20321 12122 LlCENSE_Ltr to Approve Licenses 2006 Property Owner Name T J2 Holdings Koke Properties Haji Azam Haji Azam Thomas Blomberg Jon Boeger Leslie Burchett Bradley Ferris Richard Fudali Lawerence Garner Michael Gondek Michael Gondek Chad Habeck Matt Kraft Bob Landucci Richard Levine Edwin Matthes Kevin McGinnity Anwaar Minhas Theodore Parker Jessie Rudensky Lisa Wrobel Joseph Yang Property Address 4253 MCLEOD 1206 CIRCLE TERRACE 4927 UNIVERSITY 4935 UNIVERSITY 4852 MONROE 171537TH 37472ND 41140TH 5128 WASHINGTON 3712 2ND 344 40TH 325 Summit 1343 CIRCLE TERRACE 3830 Reservoir 38103RD 3939 Tyler 5229 7TH 4432 2ND 4634 Tyler 3839 Tyler 4534 WASHINGTON 3951 POLK 3902 Reservoir -45- '"'-- CITY COuNCIL LETTER Meeting of April 24, 2006 AGENDA SECTION: CONSENT 6-A-( ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Issue rental-housing license 1851181741 5t Avenue BY: Gary Gorman NO: DATE: April 19, 2006 The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against Angela D' Angelo regarding rental property at 1815-17 41 5t Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Angela D' Angelo to operate the rental property located at 1815 -1817 41 5t Avenue NE in that the provisions of the residential maintenance code have been complied with. I COUNCIL ACTION: I -46- CITY COUNCIL LETTER Meeting of: April 24, 2006 AGENDA SECTION: ~-A-2 ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson),,-. DATE: ~ By:V!1I1 ~ . NO: DATE: April 20, 2006 BACKGROUND/ANAL YSIS Attached is the business license agenda for the April 24, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006, a Peddler License, A Ice Cream Vehicle License, and a Tobacco License. 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. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 24, 2006 as presented. I COUNCIL ACTION: I -47- TO CITY COUNCIL April 24, 2006 * Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Master Services Inc. *Gene French Construct *Cedar Mgmt. *Orac1e Construction *Earth Wizards Inc. *Modem Roadways *Fairfax Asphalt Inc. *Knight Heating & AC *Catracho's Tree Service *New Horizon's Tree *Gene' s Water & Sewer *Palace Restoration Inc 159 Rice Creek Way, Fridley 8015 36th Ave No. New Hope 999 50th Ave NE, Co!. Hts 9700 63rd Ave No #200, Map Gr 1071 Co. Hwy 10 #150, Sp. Lk Pk 1620 Winnetka Ave No., Mpls 108 W. Broadway, Osseo 13535 89th St NE, Otsego 3741 2nd Ave So. Mpls 10283 7th St NE, St Cloud 4360 Lyndale Ave No, Mpls 3443 Wilshire PI, Mpls $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 POLICE PEDDLER LICENSE *Sherwin Sieden, Sure One Promo 1423 Knollwood Ln, Mend Hts For Sat June 24, 2006 Fireworks POLICE FOOD CATERINGIICE CREAM VEHICLE *Kamel Alassedy-EZ Ice Cream 761 124th Ln NW, Coon Rapids POLICE CIGARETTErrOBACCO LICENSE *Filfillah Restaurant 4301 Central Ave NE, Co!. Hts. -48- $300.00 $50.00 $50.00 - ^ (\ !:> - ;-\ - 'I CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: .~'! lift 'UJO ~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ! ( f.t, 1 S 2- in the amount of $ &/2-~1' ~ ./7 . through ( I fc/123 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -49- ACS FINANCIAL SYSTEM 04/20/2006 15:50:00 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R *********************j.********************************************************* * * * * 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.... ...04/24/2006 COUNCIL LISTING INCLUSIONS: Fund & Account... ... ........ thru Check Date. . . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids........ ... Check Number................ thru thru thru thru 116752 thru 116923 thru thru thru thru thru thru thru thru Proj ect . . . . . . . . . . . . . . . . . . . . . Venaor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order...... ........ Bank....................... . .~ ucher .................... Ulleased Date. . . . . . . . . . . . . . . o eared Date. . . . . . . . . . . . . . . . Run Instructions: Jobq Banner Copies Form Printer Hold Space J COUNCIL 02 P4 Y S LPI 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 04/20/2006 15 BANK VENDOR Check History 04/24/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT A H R CONSTRUCTION ANOKA COUNTY HIGHWAY DEI' ARCH WIRELESS/METROCALL BONESTROO ROSENE ANDERLI BOUND TREE MEDICAL LLC CENTER POINT ENERGY CHISAGO IJAKES DISTRIBUTI G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KAM/COREY KNUTSON/ORVIS KUEHN / JEJ\N LEAGUE OF MINNESOTA CITI LIBERMAN/AARON LIQUOR DEPOT MINNESOTJ, DEPARTMENT OF NEW FRANCE WINE COMPANY NEXTEL COMMUNICATIONS NI GHTINm,LE/TERENCE NORBU/TSERING PETERSON/SUSAN RAEKER ESTATE/PETER SCHMIDTB1YUER/ SUE SOLEM/ROBERT D SPECIALTY WINES & BEVERA VERIZON ~IIRELESS WINDSCHITL/KEITH WORLD CLl'.SS WINE XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS MUNICIPAL SOFTW&~E COMPA AARP AGUDO/LUIS BARNA GUZY & STEFFEN LTD CHISAGO I,,1\KES DISTRIBUTI CUZZUPE/l'\NTHONY DEEP ROCK WATER COMPANY EDAM EXTREME BEVERAGE FSH COMMl~ICATIONS, LLC GENUINE PARTS/NAPA AUTO GOV' '1' TRl'.INING SERVI CE HOFFMAN/TIM HOHENSTEINS INC Ul ...... 116752 116753 116754 116755 116756 116757 116758 116759 116760 116761 116762 116763 116764 116765 116766 116767 116768 116769 116770 116771 116772 116773 116774 116775 116776 116777 116778 116779 116780 116781 116782 116783 116784 116785 116786 116787 116788 116789 116790 116791 116792 116793 116794 116795 116796 116797 116798 AMOUNT 17.77 150.00 27.20 5,131.00 93.80 15,927.32 978.50 77.30 856.25 1,805.10 1,106.45 718.00 54.00 256.11 24.12 80.00 147.90 1,299.75 150.00 440.00 348.23 40.20 453.77 32.18 4.75 31.99 4.27 443.00 109.17 131.70 432.00 737.62 257,033.16 14,602.00 310.00 151. 49 977 . 00 3,670.81 55.00 12.50 85.00 320.00 58.58 425.75 250.00 225.00 5,936.25 ACS FINANCIAL SYSTEM 04/20/2006 15 BANK VENDOR Check History 04/24/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT HOLUB/RAY JJ TAYLOR DIST OF MN KIWI KAI IMPORTS KUETHER DIST. CO.. LARKIN/JOHN LEAGUE OF MINNESOTA CITI MARK VII DIST. MATTSON/THOMAS MC KERNON / CHAR MPLS BMEU NEEDHAM DISTRIBUTING CO NORDLUND/ .TOHN 0' BRIEN/DilliIEL ONVOY PARTENHEH1ER/KIRSTEN PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY QUALITY WINE & SPIRITS QWEST COMr1UNICATIONS SCHMIDT / Jl5ANINE ~1 SUBURBAN SOFTBALl" LEAGUE TOBECK/RANDY TR COMPUTl5R SALES TROMBLEY/KIM TUBBS/MARSHA VERIZON WIRELESS VIKING ELECTRIC SUPPLY WINDSCHITJ~/KEITH XCEL ENERGY (N S P) ZEBRO/PAT ACCAP-ANOKA COUNTY ACE HARDWARE ADI-ADEMCO DISTRIBUTION AID ELECTRIC SERVICE INC ALLEGIS CORPORATION AMERICAN l"IBRARY ASSOCIA AMERIPRIDE ANOKA COUNTY LIBPJlliY ASPEN MILl"S, INC. BAKER & Tl\.YLOR BAKER & Tl\.YLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BEACON BAl"LFIELDS BIFF'S,INC. BOYER TRUCK PARTS BUILDING FASTENERS CATCO PARTS SERVICE Ul IV 116799 116800 116801 116802 116803 116804 116805 116806 116807 116808 116809 116810 116811 116812 116813 116814 116815 116816 116817 116818 116819 116820 116821 116822 116823 116824 116825 116826 116827 116828 116829 116830 116831 116832 116833 116834 116835 116836 116837 116838 116839 116840 116841 116842 116843 116844 116845 AMOUNT 500.00 42,954.75 2,352.00 51,180.90 240.25 80.00 4,604.47 55.00 50.00 160.00 151.70 117.30 56.52 59.99 93.23 190.83 40.65 13,034.37 1,085.81 15.49 1,275.00 500.00 4,350.00 50.00 17.00 108.14 114.29 262.35 4,344.29 138.44 34.08 73.19 48.99 3,482.96 64.60 253.00 74.08 2,297.42 1,698.59 1,523.26 551.37 431.90 602.19 374.73 114.00 110.60 735.97 ACS FINANCIAL SYSTEM 04/20/2006 15 BANK VENDOR Check History 04/24/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT CENTER POINT ENERGY CITY OF ANOKA CITY PAGES CITY WIDE LOCKSMITHING CLARK PRODUCTS INC CROWN TROPHY CSC CREDIT SERVICES CURTIS 1000 DAMA-MP IHC DAVES SPORT SHOP DEMeO, INC. DNR ENTERPRISES DOYLE LOCK SUPPLY EGAN OIL COMPANY EHLERS & l\SSOCIATES INC EMERGENCY APPARATUS MAIN FIDELITY SERVICES INC FRATTALONE COMPANIES INC G & K SERVICES GALE GROUP/THE GAYLORD BROS GOODIN CO. HEINRICH ENVELOPE CORP HENNEPIN TECHNICAL INST HOME DEPOT #2802 HONEYWELL INC INNOCORP ]:'TD INSTRUMENTAL RESEARCH IN IPC PRINTING K & S ENGRAVING KENNEDY & GRAVEN KIPP BROTHERS INC KROMER COMPANY LEAGUE OF MINNESOTA CITI MEDICS TRlUNING INC MEDTOX LABORATORIES INC MELSA MENARDS Cl\SHWAY ],UMBER-F MES-MID A~1ERICA METRO FIRE, INC METRO WELDING SUPPLY MID-AMERICA SALES ASSOCI MID-MINNESOTA WIRE MIDWAY FORD MINNEAPOLIS OXYGEN CO. MINNEAPOLIS PARK & REC B MINNEAPOLIS SAW CO. U1 W 116846 116847 116848 116849 116850 116851 116852 116853 116854 116855 116856 116857 116858 116859 116860 116861 116862 116863 116864 116865 116866 116867 116868 116869 116870 116871 116872 116873 116874 116875 116876 116877 116878 116879 116880 116881 116882 116883 116884 116885 116886 116887 116888 116889 116890 116891 116892 AMOUNT 409.63 330.00 900.00 647.41 141. 38 16.99 25.00 495.86 288.62 1,879.85 149.98 582.12 64.20 22,121. 92 4,156.25 5,433.45 4,884.61 56,660.11 504.65 464.84 1,906.77 24.43 131. 50 285.50 976.00 18,861. 25 958.50 815.00 277.53 76.14 712.21 64.35 318.46 80.00 300.00 87.60 17.00 228.87 42.58 400.00 35.78 1,394.20 13,209.20 220.01 11.89 350.00 1,075.56 ACS FINANCIAL SYSTEM 04/20/2006 15 BANK VENDOR Check History 04/24/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT MN POLLUTION CONTROL AGE 116893 300.00 NATIONAL WATERWORKS, INC 116894 605.29 NEW YORK TIMES/THE 116895 338.00 NORTHEASTER 116896 421.20 O'GARA/ANDREW 116897 45.00 OFFICE DEPOT 116898 430.34 ORIENTAL TRADING COMPANY 116899 113.90 PEPSI-COI,A-7 UP 116900 548.00 PLEAA-PROF LAW ENF ASSIS 116901 60.00 PREMIER r.IGHTING, INC 116902 264.71 PREMIUM illATERS INC 116903 19.30 PRO GRAPHICS 116904 45.60 PROSOURCE TECHNOLOGIES I 116905 12,331.47 RICOH BUSINESS SYSTEMS 116906 769.37 ROAD RESCUE 116907 810.05 ROYAL TIRE: 116908 692.18 SRF CONSULTING GROUP INC 116909 58.80 ST JOSEPH'S EQUIPMENT 116910 565.59 STAPLES BUSINESS ADVANTA 116911 273.36 STAR TRIBUNE 116912 37.92 STREICHER'S GUN'S INC/DO 116913 1,660.78 SUN PUBLICATION 116914 848.86 SUNBURST CHEMICALS INC 116915 177.58 Ul TBS OFFICE!: AUTO~lI,.TIONS I 116916 374.50 TUBBS/MARSHA 116917 34.99 ~ TWIN CITY TRANSPORT & RE 116918 168.27 UPSTART- DIVISION OF HIG 116919 231. 25 VOSS LIGHTING 116920 267.32 WINGFOOT COMMERCIAL TIRE 116921 4,100.51 WORLD CH./lJVJBER OF COMMERC 116922 43.00 XCEL ENERGY (N S P) 116923 59.14 626,589.17 *** ACS FINANCIAL SYSTEM 04/20/2006 15 BANK VENDOR REPORT TOTALS: Ul Ul CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 04/24/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 626,589.17 RECORDS PRINTED - 000630 ACS FINANCIAL SYSTEM 04/20/2006 15:50:02 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 225 240 261 265 411 415 420 430 439 601 602 603 604 609 652 701 720 881 885 -, 7 Ul 0\ rAL DISBURSEMENTS ----------------.------------ GENERAL COMMUNITY DEVELOPMENT FUND CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP CAPITAL IMP-GEN GOVT. BT"DG CAPITAL IMPRVMT- PIR PROJ CAP IMPROVEMENT- DEVELOpr1ENT INFRASTRUCTURE FUND FIRE CAPITAL EQUIPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC ESCROW FLEX BENEFIT TRUST FUND ALL FUNDS 49,127.85 6,974.98 8.37 14,449.57 105.00 958.50 4,092.15 64,202.90 17,747.19 1,943.88 16,703.65 2,142.89 500.84 80.41 503.80 137,313.03 1,861.37 39,889.89 8,807.54 2,142.20 248,032.61 9,000.55 626,589.17 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 626,589.17 626,589.17 CITY COUNCIL LETTER Meeting of April 24, 2006 AGENDA SECTION: Public ORIGINATING DEP AR TMENT: CITY Hearings Fire MANAGER NO: GA APPROV AL A A ITEM: Adopt Resolution For BY: Gary Gorman BY: t {!?ty / , Abatement DATE: April 19, 2006 DATE: NO: 2006-54 :---- Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Debra and Scott Langel regarding property at 4141 Jefferson 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. 2006-54 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-54, a resolution of the City Council of the City of Columbia Heights declaring the property at 4141 Jefferson Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I COUNCIL ACTION: I -57- RESOLUTION 2006-54 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 Debra Langel (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson ST 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 April 3, 2006. 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, a fire occurred at the address listed above, the Fire Department responded to the fire and performed extinguishment and investigation activities, 2. That on August 22, 2005, the Fire Department ordered via phone DuAll Services to perform a board up of all open areas of the burned out structure. 3. That in the days after the fire on August 22, 2005, DuAll Services submitted an invoice to Scott and Debra Langel, which has not been paid. Phone calls and letters by DuAll have gone unanswered. 4. 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. The Fire Department ordered an emergency abatement of the burned out/damaged structure located at 4141 Jefferson Street. The abatement consisted of securing all opening in the structure by boarding up such openings. B. The costs of such abatement remain unpaid. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL i. That the property located at 4141 jefferson Street NE. is in violation oi'the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. -58- 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 4141 Jefferson 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 Passed this day 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -59- COLUMBIA HEIGHTS PIRE DEPARTM.ENT 555 Mill Street NE _ Columbia Heights, MN 55421_ 763-706-3650 - Fax 763-706-3651- Inspections 763-706-3656 _ TDD 763-706-3692 March 31,2006 Debra J. Langel 4141 Jefferson Street NE. Columbia Heights, MN 55421 Dear Ms. Langel, As part of our requirements when we have a fire, the fire department must secure the building before we can leave the scene. On August 22, 2006 I called DuAl! Services to board up your property after the fire. The board-up is considered an Immediate Abatement under Chapter 8, Section 1 of the City Code. DuAl! has billed you for that service. Insurance companies will pay for this service if they are contacted. The invoice should have been forwarded to your insurance company by you or, your insurance company information should have been given to DuAII services by you. Neither of these have happened. Phone calls and letters by DuAII to you have gone unanswered. Please be on notice, that on April 24, 2006 at 7:00 pm or as soon thereafter as the matter can be heard, the City Council of Columbia Heights shall hold a Public Hearing to declare the immediate abatement of August 22, 2005 a nuisance pursuant to City Code, Chapter 8, Section 8.206. If the City Council finds that the immediate abatement of 8/22/2005 is a nuisance. The expense of the work will be billed to the property owner. If the owner chooses not to pay. the chan:Je for such work shall be made throuqh a special assessment against the property, payable with the property taxes the followinq year. If you have any questions concerning this notification, please call 763-706-3652. Sincerely, Gary Gorman Fire Chief The City of Columbia Heights does not discriminate on the basis of disi - 6 0 -employment or the provision of services Equal opportunity employer C: \Dacu me nts and Se ttin 9 s\C CH -User\ Loea I Setti ng5\ Te mp\Ob ~AlJate men t-FOllDW U P wletter~ Erne rge ncy Abate ~ 3 - 31- 06. doc