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HomeMy WebLinkAboutJuly 10, 2006 Regular ADMINISTRA TlON Mavor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv Manaller Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ollr Website at: www.ci.collllllbia-heights.lIlll.lIs July 7, 2006 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 10,2006 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. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bob Lyndes, Crest View Senior Community 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSIDELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations- Recognition of Men and Women in the Armed Forces (p. 5) B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for June 26. 2006 regular City Council meeting (p. 6 - 20) MOTION: Move to approve the minutes of the June 26, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Accept the minutes of the May 24, 2006 Park and Recreation Commission meeting. (p. 21 -22 3) Establish Work Session meeting date for Monday, July 17,2006, beginning at 7:00 p.m. in Conference Room 1. ( p. 23) MOTION: Move to schedule a City Council Work Session for Monday, July 17,2006 beginning at 7 :00 p.m. in Conference Room 1. - 1 - THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE ~n~'~ OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES City Council Agenda July 10, 2006 Page 2 of 4 4) Approve Application for Bingo Permit - Tri-Citv Hockey Association (p. 24-28) MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to bingo activities to be conducted by Tri-City Hockey Association at the Immaculate Conception Church Fun Fest, 4030 NE Jackson Street, Columbia Heights, Minnesota, on August 12 and 13,2006; furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 5) Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund (p, 29-40) MOTION: Move to transfer $2,233.30 received from Unique Thrift Stores and $2,575 received from Columbia Heights School District # 13 from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 6) Approve the Items Listed for Rental Housing License Applications for July 10, 2006 (p. 41 -42) MOTION: Move to approve the items listed for rental housing license applications for July 10, 2006. 7) Approve Business License Applications (p. 43 -44) MOTION: Move to approve the items as listed on the business license agenda for July 10,2006 as presented. 8) Approve Payment of Bills (p. 45 - 51 ) MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117657 through 117795 in the amount of $2,308,425.80. 6. PUBLIC HEARINGS A) Adopt Resolution No. 2006-84, Declaring Property at 961 37th Avenue N.E. a Nuisance/Approving Abatement (p. 52-54) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-84, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-84, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 3 7th Avenue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B) Adopt Resolution No. 2006-85, Declaring Property at 4110 6th Street N.E. a Nuisance/Approving Abatement (p. 55-57) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-85, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-85, a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C) Adopt Resolution No. 2006-86, Declaring Property at 4156 5th Street N.E. a Nuisance/Approving Abatement (p.. 58-60) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-86, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-86, a resolution of the City Council of the City of Columbia Heights declaring the property at 4156 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City --2 _"e section 8.206. City Council Agenda July 10, 2006 Page 3 of 4 D) Adopt Resolution No. 2006-87, Declaring Property at 4522 5th Street N.E. a Nuisance/Approving Abatement (p. 61 -63) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-87, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-87, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4522 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution No. 2006-88, Being a Resolution for Rental Housing License Revocation at 1218-20 Circle Terrace Blvd. N .E. (p. 64 -66) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-88, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-88, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Fletcher Wanless regarding rental property at 1218-20 Circle Terrace Blvd. N.E. F) Adopt Resolution No. 2006-89, Being a Resolution for Rental Housing License Revocation at 4752 5th S1. N.E. (p. 67-69) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-89, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-89, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SAA08(A) of the rental license held by Michael Jaster regarding rental property at 4752 5th N.E. G) Adopt Resolution No. 2006-90, Being a Resolution for Rental Housing License Revocation at 490S Sth StreetN.E. (p. 70-72) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-90, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-90, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by As-Siddiq regarding rental property at 4905 5th Street N.E. H) Adopt Resolution No. 2006-91. Being a Resolution for Rental Housing License Revocation at 382S Central Avenue N.E. (p. 73-75) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-91, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-91, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by JeffBahe regarding rental property at 3825 Central Avenue N.E. I) Adopt Resolution No. 2006-92, Being a Resolution for Rental Housing License Revocation at 4631-33 Pierce Street N.E. (p. 76 -78) MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-92, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-92, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by Tim Proue regarding rental property at 4631-33 Pierce S1. N.E. -3- City Council Agenda July 10, 2006 Page 4 of4 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 Walter R. Fehst, City Manager WF/cb - 4- '-fA PROCLAMATION HONORING OUR MEN AND WOMEN IN THE ARMED FORCES WHEREAS, the citizens of Columbia Heights are extremely proud of this nation's more than 200 years of freedom and are loyal to the ideals, traditions, and institutions which have made our nation so great, and WHEREAS, their education to our way of life is indicative of a strong, continued desire to preserve the priceless American heritage, and WHEREAS, they will be proud to stand and publicly declare their determination toward actively and positively safeguarding our freedoms against any foreign or domestic enemies. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all my fellow citizens to take full advantage of this special occasion to recognize all the men and women in our armed forces both here at home and abroad, including those who have served in the past, at the present, and will in the future. Mayor Gary L. Peterson Date: July 10, 2006 -5- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 26, 2006 '5. A ; I) The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 26,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams Peterson stated that Pastor Law requested a Proclamation for our Armed Service members for July 4th. Pastor Law's son is celebrating his 21st birthday today in Iraq. Peterson indicated that this proclamation could be read at the next meeting. Rev. Peter Law, Community United Methodist Church gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONSIDELETIONS TO MEETING AGENDA Authorize funds for maintenance inspection summer hours. Fehst stated that inspection summer hours were discussed at the work session and the resolution was distributed tonight for item 5A 7 Prestemon Park lighting. Peterson stated the inspection item would be 7 A2, Items for consideration. Nawrocki asked to add the matter of road work on University Avenue between 43rd and 53rd. Peterson stated that would be 7 A3 Items for consideration. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Recognition - Rising to New Heights recognition of Bruce Nedegaard Peterson introduced Mickey Rooney, ofthe Rising to New Heights organization. Rooney awarded Bruce Nedegaard the first Rising to New Heights Outstanding Achievement Award. He thanked the Council for the opportunity to present this award and stated Mr. Nedegaard's contributions to our community. Rooney also indicated Mr. Nedegaard's involvement as the co-founder of the Rising to New Heights organization, whose goal is to enhance the image of Columbia Heights. Mr. Nedegaard thanked Mr. Rooney, Ms. Barnes, and Mr. Landwehr. He thanked the City Council and staff for working with the Rising to New Heights group. He referred to the clock tower dedication and the commitment to bring the many different ethnic groups of our community together. He thanked St. Timothy Church members for being present to support him. Ted Landwehr stated that this award will now be known as the Bruce Nedegaard Award. CONSENT AGENDA Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for June 12,2006 regular City Council meeting - removed 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the June 6, 2006 Library Board meeting. b) Motion to accept the minutes of the June 5, 2006 Traffic Commission meeting. 3) Accept proposal from SEH for a Utility F - 6 -;tudy - removed City Council Agenda June 26, 2006 Page 2 of 15 4) Accept proposal from Bolton and Menk Professional Services Agreement for Engineer Inspection removed 5) Approve the Easement Agreement with 455 3ih Avenue, LLC for Huset Parkway, City Proiect 0404 Motion to approve the easement agreement between the City of Columbia Heights and 455 3ih Avenue NE, LLC for permanent and temporary easements to the City and exchange agreement between City and 455 3ih Avenue NE, LLC for City Project #0404, Huset Parkway. 6) Adopt Resolution No. 2006-77 being a Resolution Authorizing a Municipal Agreement with Mn/DOT for Drainage Improvements on Central Avenue TH 65 Motion to waive the reading of Resolution No. 2006-77, there being ample copies available to the public. Motion to adopt Resolution No. 2006-77, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 89683 with MnDOT for Central Avenue, TH 65, drainage improvements, City Project #0405. RESOLUTION NO. 2006-77 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 89683 WITH MNDOT FOR DRAINAGE IMPROVEMENTS TO T.H. 65, CENTRAL A VENUE, SOUTH OF 49TH AVENUE CITY PROJECT # 0405 WHEREAS, the Columbia Heights City Engineer has prepared fmal plans and specifications for the improvement of drainage structures on Central A venue near 49th A venue to 48th A venue, City Project 0405; and WHEREAS, MnDOT has designated the improvements as SP 0207-48 and SAP 113-010-12; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, MnDOT has secured funding in the amount of $1 08,000 for the project and has prepared Municipal Agreement Number 89683 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway drainage system. BE IT RESOLVED that the City of Columbia Heights enter into MnlDOT Agreement No. 89683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the storm sewer improvements and minor bituminous paving construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 300 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. 7) Adopt Resolution No. 2006-78, being a Resolution authorizing a Joint Powers Agreement with the City of Rogers for the Cooperative purchase of Athletic Field Lighting for Prestemon Park - removed 8) Approve the items listed for rental housing license applications for June 26, 2006 Motion to approve the items listed for rental housing license applications for June 26, 2006. 9) Approve Business License Applications - 7 - City Council Agenda June 26, 2006 Page 3 of 15 Motion to approve the items as listed on the business license agenda for June 26, 2006 as presented. 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117512 through 117656 in the amount of$I,090,126.64. Motion by Kelzenberg, second by Diehm to approve the Consent Agenda items with the exception of items 1,3,4, 7. Upon vote: All ayes. Motion carried. 1. Approve City Council Meeting Minutes for June 12,2006 regular City Council meeting Re saran development Nawrocki referred to discussion at the last meeting dealing with the Sarna development and stated he had commented at the meeting of a conflict of interest with the Barna Guzy Law firm as our firm and representing the Sara development. He stated that he also commented that the City Manager was representing the developer more than he thought the Manager should. Nawrocki stated that the Manager shouted that he was out of order sir, I hold you personally responsible for your statement, you will talk to my attorney, and how dare you. Nawrocki stated that he was not allowed to finish expressing his opinion as to how the matter was being handled and the minutes should reflect the interruption. Motion by Kelzenberg, second by Diehm, to approve the minutes ofthe June 12,2006 regular City Council meeting. Upon vote: All Ayes. Motion carried. 2. Accept proposal from SEH for a Utility Rate Study removed Nawrocki stated that just a couple of years ago we did a five year study for $28,000; now two years later you want $9,000 for the same consultant to review his work. We should save the money and review the fees ourselves. Motion by Kelzenberg, second by Diehm to accept the proposal from SEH for a Utility Rate Study Update based upon their proposal dated February 28,2006, in an amount not-to-exceed $9,100; and, furthermore, to authorize the Mayor and City manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. 3. Accept proposal from Bolton and Menk Professional Services Agreement for Engineer Inspection Nawrocki stated this was not part of the budget, and is concerned that we are not looking for cost effective ways to do business. He indicated there are ways to get more cost effective service such as hiring a part time retired inspector, referring to the retired New Brighton Public Service Director. Diehm stated this is not a long term solution. We will only use them as long as we need to, which will not pay benefits and not put projects on hold while we fill the position. Kelzenberg listed the funding areas this would come from. Hansen stated there are State aid projects that will fund the majority of this position with only a small part being administrative work funding. A position has not been filled since the end of May, which has saved funds that will be used. Motion by Diehm, second by Kelzenberg, to accept the proposal from Bolton and Menk for the Engineering Inspection Services based UI - 8 -heir low, qualified proposal dated May 25, 2006, in City Council Agenda June 26, 2006 Page 4 of 15 an amount not-to-exceed $52,560; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki stated that the Center for Transportation Study has an article on roundabouts. Tim Utes, 556 40th Avenue, questioned ifthis was an RFP for the Bolton agreement. Hansen stated it was essential qualification based. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. 7. Adopt Resolution No. 2006-78. being a Resolution authorizing a Joint Powers Agreement with the City of Rogers for the Cooperative purchase of Athletic Field Lighting for Prestemon Park Hansen stated there was a cooperative bid in 2004 by the City of Rodgers, on a state wide basis, for cities and school districts for lighting. That Joint Powers Agreement expires at the end of August. Nawrocki spoke against it, stating it is a $60,000 contract, with $15,000 to $20,000 for electric work that is not in the budget. There are other considerations that will need funding like the pedestrian bridge that would require $1 to $1.5 million local dollars. Local government aid is expected to be $300,000 less than last year. Last year we drew down our reserves and placed $4 million in a possible community center fund. We can not continue to spend without looking at the budgetary consequences. Diehm asked Hansen where the money would come form. Hansen stated it will come from the 881 fund; recreation projects. Nawrocki stated that those accumulated funds were donated to help pay for program fees for families that could not afford them, but instead they used tax dollars for this, so this fund built up. With the potential problems in next year's budget, that money might well serve a better purpose used for recreation programs. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-78, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-78, being a Resolution authorizing the City of Columbia Heights to enter into a Joint Powers Agreement with the City of Rogers for bidding of various athletic field lighting within the State of Minnesota. Diehm stated that the decision to do this was made at a previous Council meeting. The only decision tonight was to save money by participating in a Joint Powers Agreement. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. Motion by Kelzenberg, second by Diehm, to authorize the purchase of athletic field lighting for Prestemon Park in the amount not-to-exceed $62,918 from the Rogers Multi-City Joint Powers Agreement. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. RESOLUTION NO. 2006-78 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS WHEREAS a cooperative purchasing program is ava - 9 - in the State of Minnesota for athletic field lighting and is City Council Agenda June 26, 2006 Page 5 of 15 administered through the City of Rogers and WHEREAS the Park and Recreation Commission passed a unanimous motion to recommend installation of athletic field lighting at Prestemon Park and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Columbia Heights that the Mayor and City Manager are authorized to enter into a Joint Power Agreement pursuant to Minnesota Statutes Section 471.59 for bidding of various athletic field lighting within the State of Minnesota PUBLIC HEARINGS 1. Adopt Ordinance No. 1509, being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". Jim Johnson, 4216 7th Street, Charter Commission member, stated that with a ward system the city would enjoy a wider diversity. One counci1member that was running told him that he did not campaign in apartments because they don't vote. He indicated that the representative would stop to visit, or be more involved if they lived in their area. The difference in this system is there would be the Mayor and two members representing the city at large. This should not be considered detrimental, but with the city's best interests in mind. Joann Student, 1615 49th Avenue, asked if the wards and additional councilmembers could be split on the ballot. Peterson stated this was asked at a work session and the Charter President stated they were being presented together. Jim Hoeft, City Attorney, stated the items could be separate, but it was discussed and it was the decision of the Charter Commission that it would be an "all or nothing" proposal. Nawrocki stated this would add $35,000 to the budget. He referred to the Krock funds available to the Salvation Army, which caused a dispute between Northeast and North Minneapolis Wards, with the funds finally going to St. Paul. People he spoke to like that they can call any representative on the council to talk to them. Joe Sturdevant Sr., 4848 7th Street NE, stated this would only be an advantage to the city. He stated his belief that Councilmembers receive $7,500 per year, so it would only be an additional $16,000 per year, with the only other cost being retirement funding, as most members already have health insurance. Sturdevant stated that knowing someone makes it easier to go to him or her. He encouraged adoption of the ordinance so it would not have to go to a vote of the people. Motion by Kelzenberg, second by Diehm, to close the hearing and waive the reading of Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Govemment", there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". Diehm stated this would require a unanimous vote to be approved. Peterson stated that a mini vote would give an indication. Nawrocki asked if Councilmembers Williams was expected tonight. Peterson stated that Williams would not be present. Upon vote: Kelzenberg, nay; Diehm, nay; Nawrocki, nay; Peterson, nay. 4 nays. Motion failed. Peterson stated that this vote was not a surprise to the Charter Commission and they will now take it to their commission for consideration to be placed on the November ballot. 2. Adopt Resolution No. 2006-79, being a Res~!~l?V:l declaring 4232 5th Street a nuisance and approving City Council Agenda June 26, 2006 Page 6 of 15 abatement. Fire Chief Gorman stated the violations go back to the Fall of 2005. The only violation remaining are landscape materials in the back yard. He showed pictures of the yard. The Council has already given the homeowner an extension to clean up the back yard. He basically moved the materials around the comer. Peterson asked if anyone was present to represent the property. Allen Wiggins, 4252 5th Street, stated he has lived here for 19 years and has completed extensive landscaping on the property. Two years ago he had an arson garage fire, losing one-quarter of a million in assets, which resulted in depression. He has now begun to work on the property again. Wiggins stated that he met with Asst. Chief Larkin a week ago and requested an extension until October 31. Peterson stated this property has been problematic for the neighbors. Wiggins stated he was a mineralist and an active scrap metaler, but the items would be part of the landscaping. Gorman requested that the abatement go through, but if there is progress on the property the department will work with the owner. Last year he was given an extension and just hid the debris from us. Peterson stated that there is still considerable debris in the picture. He felt it was time to draw the line. Nawrocki asked if the rocks around the tree are special. Wiggins stated they were hand picked, and he polishes them to give to children or to use in his backyard. Kelzenberg said if it was true that Wiggins had added to the number of rocks since the last extension was granted. Wiggins stated he added marble slab pieces for a path to the garage and has added some rocks to his collection. Kelzenberg stated he wanted to make sure that the owner made progress onthe cleanup over the summer. He stated that neighbors have complained, and we are trying to clean up the whole city. We would like it cleaned up as soon as possible. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-79, a resolution of the City Council of the City of Columbia Heights declaring the property at 4232 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All Ayes. Motion carried. Wiggins asked for July, August, and September to complete the work. Peterson stated that he would have to work with Asst. Chief Larkin on this. RESOLUTION 2006-79 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 Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 31, 2006. Now, therefore, in accordance with the foregoing, an - 11 -Iinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes me fOllowing: City Council Agenda June 26, 2006 Page 7 of 15 FINDINGS OF FACT I. That on December 21, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 3 and January 18,2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. 3. That on February 13,2006, inspectors reinspected the property and found that part of the violations remained uncorrected. A seasonal extension was granted. 4. That on May 31,2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 5. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall have all landscaped areas of the property and all landscaping materials in place by May 31, 2006. b. Shall stain/seal/paint the bare wood trim on the garage by May 31, 2006. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4232 5th Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4232 5th 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 3. Adopt Resolution No. 2006-80. being a Resolution declaring 4636 Fillmore Street a nuisance and approving abatement. Gorman stated there is a parking area with a space around it that was not paved and parked on it. We ask that they landscape it or pave it. Peterson asked if there was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-80 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-80, a resolution of the City Council of the City of Columbia Heights declaring the property at 4636 Fillmore Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-80 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 Lidia Gladys Cumbe and Olguer O. Ovillo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4636 Fillmore Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 18, 2006. Now, therefore, in accordance with the foregoing, aJ - 12 - rdinances and regulations of the City of Columbia Heights, the City Council Agenda June 26, 2006 Page 8 of 15 City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on April 10, 2006, an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 18, 2006, inspectors reinspected the property listed above. Inspectors noted the two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on June 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 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. Shall install sod/seed/landscape material on the large dirt parking area in the rear of the property. You cannot park on unpaved areas, all parking areas must be hard surface, asphalt or concrete. 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 4636 Fillmore Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4636 Fillmore 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 4. Adopt Resolution No. 2006-81, being a Resolution declaring 1815 42nd Avenue approving revocation. Gorman stated that the owner scheduled an inspection he did not show up for and has not scheduled another inspection. Peterson asked if there was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-81, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-81, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Dale Boxrud regarding rental property at 1815 42nd Avenue NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-81 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Dale Boxrud (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815 42nd A venue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 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 I. That on April 15, 2006, inspection office staffst - 13 -ter requesting the owner of the property to re-Iicense the rental City Council Agenda June 26, 2006 Page 9 of 15 property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May IS, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. On June 1, 2006 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to schedule a re-licensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7695 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 5. Adopt Resolution No. 2006-82, being a Resolution declaring 4630 Taylor approving revocation Gorman stated this violation goes back to last August and they were given an extension to June I st. There were tree stumps to remove. One is pulled out, but not removed. Peterson asked if there was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-82, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-82, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Gary Anderson regarding rental property at 4630 Taylor Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-82 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Artic1e IV, Section 5AA08(A) of that certain residential rental license held by Gary Anderson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4630 Taylor Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Artic1e IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 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 29, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted that four violations remained uncorrected. A compliance order was mailed by certified mail to the owner listed on the rental housing license application. 3. That on January 17, 2006, office staff granted a seasonal extension for the two remaining violations, until June I, 2006. 4. That on June I, 2006, inspectors reinspected the property and noted that two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. - 14 - 5. That on June 21, 2006, inspectors for the City or \...,olUmbia Heights, performed a final inspection at the property and City Council Agenda June 26, 2006 Page 10 ofI 5 noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Shall remove the dead tree (tree stump) in the back yard...HOLE IS STILL IN THE YARD - SEVERAL SMALL TREE STUMPS REMAIN. b. Shall sod/seed/landscape all/any bare areas on the property. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F79l8 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 6. Adopt Resolution No. 2006-83, being a Resolution declaring 4643 Pierce Street approving revocation Gorman stated there were extensions given and they are now down to two items that are not completed, which are rusted gutters and rotted fascia boards. Peterson asked if there was anyone present representing the property. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-83, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-83, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Richard Meissner regarding rental property at 4643 Pierce Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-83 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Richard Meissner (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 Pierce Place NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 9, 2006 of an public hearing to be held on May 31, 2006. A reminder notice was mailed by certified mail to all interested parties on June 22, 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 June 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted sixteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 29, 2005, inspectors for the City of Columbia Heights, granted a thirty day extension for the violations. 3. That on August 31, 2005, inspectors for the City of Columbia Heights, inspected the property and noted that eleven violations remained uncorrected. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on September 19, 2005 and on October 12, 2005, inspectors inspected and granted an extension for the nine violations that remained uncorrected. 5. That on November 2, 2005, office staff granted - 1 5 -nal extension for the three remaining violations, until May 31, 2006. City Council Agenda June 26, 2006 Page 11 of 15 6. That on May 31, 2006, inspectors reinspected the property and noted that two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 7. That on June 21, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 8. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Shall replace the rusted gutters. b. Shall replace the rotted fascia boards around the building. 9. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F7731 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Approval of Minor Subdivision with variances located at 4100 Reservoir Blvd. Sargent stated there would be no variances with this proposal. At the last meeting there were two variances requested. The applicant has decided to reconfigure the property so as to not require a variance. Sargent stated that both lots would meet the Code and width requirements as a minor lot division. Due to the refiguration of the lot line, the park dedication fee required will now be less, as outlined in the Resolution. Nawrocki stated this was tabled to receive findings of fact to not approve the request. Sargent stated this resolution is only for a minor lot division and does not include any variances. Hoeft stated the item tabled was the lot split with the variance request, it is put back on the table. This does not mean Council cannot consider the owner's request. What was put back on the table was the original request and now there is a new request. Kelzenberg questioned if this needs to go back to the Planning and Zoning Commission. Sargent stated that they had approved the original request and this is a diminished request. Kelzenberg asked if the owner was present. Sargent stated that the applicant was present. Diehm asked if the applicant approached the city or if the City recommended this action. Sargent stated that it was the cooperation of both parties to find an easier way to create a minor subdivision. Kelzenberg asked the owner if the intent was to build a house on the other lot. Resa, the applicant, stated it is a big lot. Kelzenberg stated that the elevation would seem to be a problem. Resa stated that the builder suggested a walk out basement. Kelzenberg asked where the parking would be for this lot. Resa stated it would be from the other side of the garage, as the left side is a proposed alley. Diehm questioned if it is it up to the property owner to decide if they have access off the street or the alley. Sargent stated it would be by code and handled through Public Works. An alley has not been approved, as it would be difficult to gain access off the alley. He felt the owner was referring to where the garage would go, not the access. Diehm referred to concerns from neighbors regarding access from 41 st. She asked if there are standards for the number of driveways in an area. Hansen stated that relative to other residential areas, there is no code requiren _ 1'6 ]ur concern would be that they are far enough back City Council Agenda June 26, 2006 Page 12 of 15 from a corner or stop sign. Diehm asked if this would be addressed through the permit process. Hansen stated that was correct. Motion by Diehm, second Kelzenberg to waive the reading of Resolution 2006-68, as modified, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-68, as modified, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. Diehm stated that this is about the third or fourth time that we have had requests for a minor lot division, where neighbors express concerns. By our current Code they meet all the requirements and are allowed to do this. Maybe we should look at our City Code and see if the lot sizes are what we want them to be. Upon vote: All Ayes. Motion carried. Bid Considerations - none Authorize funds for maintenance inspection summer hours. Gorman stated this would be a way to inspect a lot of single family homes. We have not had the time to do them how they should be done. We do them by complaint and our complaints are on the rise. We want to take a more proactive approach. The intent is to do the bad properties with a lot of violations or obvious violations, and not to nit-pick homes. We see owners investing time into their properties, which is good, but we have properties that are not being maintained. This would allow an extra 20 hours a week, which would include time to process the paper work and follow-up. This can make a difference in our town. We hear the same frustrations from neighbors and we want to address them. Previously, we inspected a quarter of the city each year, which did not work. We can not afford to slow down the current process of revocations and abatements. The request is capped at $11,000, but may be less depending on who is doing the inspections. Nawrocki stated that the inspection program seems to be going well. There has been tremendous improvement recently in the community. Why do we want to spend more time on this? There will be budget problems next year, and yet this would be built into that budget. A resident spoke, stating he moved here from North Minneapolis and that he wanted to say this would be money well spent. If these items are not addressed, your community will suffer. Nawrocki stated that we have been doing the job and we can continue with the money we are putting into the program. Peterson stated that residents are doing a good job, but we want to do better. This action is driven by citizen's that call us and express their concern. He agreed, you can not let things fester. We want to be proactive, not reactive. Motion by Diehm, second by Ke1zenberg, to authorize up to $11,000 in funds to be used by the Fire Department to conduct property maintenance inspections for up to 20 hours a week from July through September and to appropriate $11,000 from the General Fund unreserved fund balance to the 2006 Fire Department Budget for this purpose. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes. Motion carried. 45th to 53rd University Avenue Nawrocki stated that we had approved and told residents there would be a sealcoating project for the area this year. At a work session it was discussed to 1- 17 -is out of the budget with hopes to obtain State City Council Agenda June 26, 2006 Page 13 of 15 funding. He spoke to person that is vehement that something needs to be done this year. Another spoke of the fence with the comment that there are vines on the fence that deaden the sound. The sound walls on the Fridley side of University cause sound to bounce back to the Columbia Heights side. As decisions are not to be made at a worksession, what is being done? If staff intends not to proceed with seal coating, residents deserve to know. Fehst stated that we intend to notify everyone on the avenue, and will meet with themto talk about it. If there is a strong inclination to go ahead, we may do it. He referred to the possibility of State funding and of the City of Fridley no longer helping on this. Nawrocki stated concern about the terrible job done cutting the grass along University and it was so long it looks like cut hay. Fehst stated that the contractor will again cut the cut grass. Fehst indicted that we are paying to have this cut, because the State is choosing not to cut it, like we require our citizens to do. Discussion on an activity center Nawrocki stated that residents should be informed on the activity center committee, the School District proposal, and the Heritage Heights area discussions. The School Board is discussing adding two gyms and a possible running track for $3+ million on to the existing high school, by the pool. Fehst stated they have $3.8 million to build the building. It would be one gym and no running track. The School Board's request is that we consider contributing $1.6 million. Fehst stated the request would be made available to the activity center committee. Nawrocki suggested the information be corrected in the activity center draft newsletter. He stated the newsletter is not correct, as we have an activity center in Murzyn Hall for the youth in our community. 45 to 53 University Avenue - continued Hansen stated that we knew University Avenue would have to be cut two or three times to get it to acceptable shape. Hansen stated it is the intent to meet with University service drive residents after July 4 to discuss the condition offence, condition of the roadway, and the grass cutting. In past years MNDOT eventually cut the grass, but we have now received notice that MNDOT would only cut the grass once. MNDOT recognitions their limitations, but they are willing to work with cities by contributing partial funding. Hansen recommended the roadway receive, with MNDOT funding, a mil and overlay, to last 20 years, rather than a sealcoat lasting only six to eight years. Preparation would take until next year. Hansen suggested meeting with residents the week of July 10th. Nawrocki questioned the status of the LaBelle fountain. Hansen stated the fountain has been dismantled because of the condition. Restoration will be a budgetary item for 2007. Other Business Reconsideration of Mayor Pro Tern Peterson stated that it was brought to his attention that one and one-half year ago there were two nominations for Council President with discussion to split time of the term between the two. Peterson stated that as he was on prevailing side of the motion, he wished it brought up for reconsideration. Motion by Peterson, second by Kelzenberg, to bring up for reconsideration appointment of the Council President. Nawrocki stated that he assumed it was put on the agenda by the Manager to slap his fingers because of the comments at the last Council meeting. Peterson indicated that the request was not from the City Manager. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. -18- City Council Agenda June 26, 2006 Page 140f15 Motion by Kelzenberg, second by Peterson, to nominate Tami Diehm as Mayor Pro Tem. Diehm stated this was not a punishment. Originally this was discussed to cultivate leadership on the council. We recognize Councilmember Nawrocki's long history and role to serve and also respect that. We hope that you will allow us to cultivate leadership by allowing someone else the role. Nawrocki indicated the position does not do much and gave a historical quote. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. Peterson indicated that it was noted that we missed the annual evaluation of our City Manager. He requested this date be set at the next meeting. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported that the Community Development staff received the ET AM award for the development of the industrial property; for innovativeness, quickness, and staff initiative. This will be brought to Council to make a formal award. Fehst stated there is $50,000 to $75,000 for demo of the Apache Theater through some remaining Community Development Block Grant funds from Anoka County. Funds would be available if the project proceeds. There is a pre-development agreement with Len Pratt. Fehst stated that the Mayor had requested beautification and accessibility to the east side of Hart Lake. Fehst stated that we have done well with the new ordinance to speed the job of cutting weeds and long grass. Fehst commented and commended the School Board on their proposal to build a couple of gyms and work with us for our community. He pointed to their foresight to not include this with the referendum issue. We will try to schedule a meeting with the School Board as soon as possible. Nawrocki . Referred to the retirement ofthe Project Coordinator. Indicated that during the last budget session the Manager recommended the position be reduced to part time. With the Coordinator leaving, he asked to look at not replacing this position with a full time person. Fehst stated that we are looking at that and are not filling the position for right now. . Welch Company is looking at properties at 50th and Central for a liquor store site, and now they have a for rent sign by the old Color Tile store. They did not disclose they are also representing them. He requested to see the disclosure statement. Report of the City Attorney - nothing. CITIZENS FORUM Harold Hoium, 4315 5th Street, referred to the City "taking" his property. Hoeft indicated that we are not taking his property; we are abating hazardous structures. Tim Utes, 556 40th, thanked the Council for the great Jamboree events. He indicated his pleasure as a new resident and his hopes to spend many years here. COUNCIL CORNER Kelzenberg . Retirement of Mary Kloss and Jean Kuehn v - 19 -this Friday. Wished them well in their retirement City Council Agenda June 26, 2006 Page 15 of 15 . Nice parade, great carnival, the fireworks were the best in years, watched softball, 3 on 3 basketball. Everyone was having fun. Peterson . This was an exciting week, including the dedication of the clock. There were 150 to 175 people present. . The Lions Club did a great job with the parade. He had more excitement than he wanted; as he drives the Humanitarian ofthe Year, however, Mr. Finney passed out in his vehicle and was taken to the hospital. He then drove the vehicle for Anna Antus and her parents who are here from Poland. Hats off to Public Works and the Police Department; everyone pulled together. The fireworks were great. There was a car show on Sunday. A person displaying a car complimented the city on the improvements to Central Avenue. . Suggested Columbia Heights begin a slogan, such as "its time for the Heights". People are still calling to see if they can get an engraved brick. . Don't take ourselves too seriously and do a random act of kindness. Diehm . Thank you to Mary Kloss and Jean Kuehn for their years of service and wished them the best. . Thank you to the Lions Club and city staff for the success of the Jamboree. The issues we deal with are not always pleasant, and it is good to not lose site of the good things in our community Nawrocki . There is also a very different clock in front of the Rochester convention center. . Received a note from Julienne Wyckoff, head of the Columbia Heights Historical group, stating they are putting together a cookbook from people in Anoka County. He encouraged people to send their favorite recipes to Julienne or to him. . Read an anonymous letter which was negatively sided. He also read from the letter he sent to people during the last election indicating his desire for openness in government. He made that promise and makes no apology for that. ADJOURNMENT Mayor Peterson adjourned the meeting at 9: 18 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -20- 5. A . ;;).) Park & Recreation Commission June 30, 2006 1 City of Columbia Heights Park and Recreation Commission May 24, 2006 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Stan Hoium; David Payne; Marsha Stroik; Gary Peterson; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Residents Ron Allen, Liz Allen, Mr. & Mrs. Marv Sowada Also Present: APPROVAL CONSENT AGENDA Motion to approve consent agenda by Payne; second by Stroik. All ayes, motion carried. LETTERS AND REQUESTS Public Works Director/City Engineer Hansen asked the commission for their thoughts on the requests for additional fencing at Ramsdell Park. Evans stated that good screening exists along Molan Drive. Payne agreed that good screening exists and feels that the City should not pay for additional fencing. Stroik stated that by placing additional fencing more residents would request the City to pay for fencing which would help to increase the property values and not help the City in any way. Hoium asked about the cost and process of removing the existing fencing. Hansen replied that there are 2 requests from residents. The process for the City is to assess the area and deciding if the reason for screening is audible or visual. He suggested for Ramsdell Park to first look at if the current fencing needs replacing and if there are any specialized or unique features at the park that would require special screening. Cost sharing where the homeowners pay for any upgrades in fencing is also an option. Stroik stated that a privacy fence doesn't really block noise. Evans stated spruce or trees provide more audible effect than fencing. Hansen stated that estimated fencing costs would be $ 12/ft for a chain link fence versus $20 to $24 per foot for cedar fencing. Stroik asked if that is in the budget. Hansen replied that the City would never place a cedar fence for high maintenance costs. Payne asked the residents what type of fence they are requesting. Resident Sowada showed the commission a picture of a privacy fence and stated that the area is heavily used in the summer and kids jump the fence around the pool after it is closed. Evans suggested to call 9-1-1 and have the area patrolled more frequently. Hansen stated that any resident could put in a fence on their property along the existing fence. Evans asked if the City would help take down the existing fence. Hansen suggested that the commission create a very specific policy for future issues regarding fences for a park purpose versus a private fence. Payne commented that if the fence is in need of repair than the City should help the resident. Resident Allen replied that they would just like the fence removed so that they could put a privacy fence on their property at their cost. Hansen stated that once the Allen's install their fence the City would remove the existing fence along their property line, but it would not be until the fall of this year. Motion by Payne regarding the Allen property, to work with the family -21- Park & Recreation Commission June 30, 2006 ') .. to take down the existing fence once their fence is installed 6 inches within their property at no future maintenance cost to the City. Second by Stroik, all ayes motion carried. Payne stated that the same motion would be extended to the Sowada residence. Evans stated that if any resident wants privacy they put up a fence; where would it end if the City shared the cost of a privacy fence at Ramsdell? Stroik added that every homeowner around a park would request the same. Resident Sowada stated that they would like to use existing poles for their privacy fence. Stroik replied that the fence posts are the City's property. Hoium stated that the City does not want to own a privacy fence. Motion by Payne to table the request by the Sowada residents to install a privacy fence until the commission can create a policy regarding the replacement of fencing. Second by Stroik, all ayes motion carried. OLD BUSINESS Recreation Director Keith Windschitl reported to the commission that the City Council passed the installation of ball field lights at Prestemon Park. We are moving forward with the purchasing process. Evans asked why the softball times have been moved later in the evenings than in previous years. Windschitl replied that he had received requests from several teams to move the start time to 6:15 to accommodate work schedules. The 6:30 time is for youth games. 6:30 is needed so that any out oftown teams are allowed travel time. Windschitl thanked the commission members who attended the Council Meeting. NEW BUSINESS Motion by Hoium to approve the donation of a mural at the Jefferson building at Huset Park. Second by Payne, all ayes motion carried. REPORTS RECREA nON DIRECTOR Windschitl reported that the wood floors at Murzyn Hall are being refinished during the week of May 22 - 26 and the Recreation office will be relocated at City Hall. PUBLIC WORKS DIRECTOR/CITY ENGINEER Hansen reported that there will be three more seasonal staff starting next week and the Public Works Department will be at full staff in a few weeks. COMMISSION MEMBERS No reports. ADJOURNMENT Eileen Evans adjourned the meeting at 7:30 p.m. Deanna Saefke Recreation Clerk Typist II -22- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 10, 2006 AGENDA SECTION: NO: Consent 5 ORlGINA TING DEP AR TMENT: Administration ITEM: Establish Work Session Meeting Date for July 17, 2006 NO: ,3 BY: Walter R. Fehst DATE: July 5, 2006 BY:U DATE: It is suggested to schedule a City Council Work Session for Monday, July 17,2006 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Monday, July 17,2006 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: -23- CITY COUNCIL LETTER Meetin of July 10, 2006 AGENDA SECTION: Consent NO. 5 ORIGINATING DEPARTMENT POLICE ITEM: Application for Bingo Permit, Tri-City NO. Hockey Association BY: Thomas M. Johnson DATE: June 26, 2006 CITY MANAGER APPROVAL: BY/~/ / i::f/ DATE: . BACKGROUND: The Tri-City Hockey Association, P.O. Box 21547, Columbia Heights, Minnesota has requested permission to conduct bingo activities on August 12 and 13, 2006, at the Immaculate Conception Church Fun Fest at 4030 N.E. Jackson Street, Columbia Heights, Minnesota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to bingo activities to be conducted by Tri-City Hockey Association at the Immaculate Conception Church Fun Fest, 4030 N.E. Jackson Street, Columbia Heights, Minnesota, on August 12 and 13, 2006; furthermore, that the City of Columbia Heights hereby waives the remainder ofthe thirty-day notice to the local governing body. mid 06-113 Attachments COUNCIL ACTION: -24- Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo (No fee) Page 1 of 2 11/04 Excluded bingo may be conducted by an organization that conducts 4 or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration ifit is conducted on 12 or fewer consecutive days in a calendar year. If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Organization legal name Previous license or permit number, if any -rRl-- C l T'-/ !-loUt.. c=. L/ fhs (} c..l If=7L 0 .J Street . PO f3o~ ,:2lS'lf7 City State Zip code Co;t fOL..UI"l"l&t A- Jf.G..l 6-#-t;; jY}tJ S'S l.( .;l.{ (;1/(,1- Type of nonprofit organization (check one): D Fraternal D Religious D Veterans ~ther nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office D Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? NO-$- Yes_ If yes, list the dates that bingo was conducted D The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event(s) .A{...lCru. ~..,- l:l T- J 3, ;2.00!o - OR- D The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair ---- Date(s) of bingo event State Fair ------- Date(s) of bingo event Civic Celebration - Date(s) of bingo event A civic celebration is defined as an event conducted in Minnesota that is sponsored by a local unit of government having jurisdiction over the event. Name of person in charge of the bingo event Daytime phone Bingo equipment (hard cards, bingo paper, and bingo ball selection device) must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.usand click on List of Licensed Distributors. Or call 651-639-4000. Premises Where Excluded Bingo Will Be Conducted Name of premises -;::r::: m tYl ,fC f..L L rh-E (! 0 rJC GPr-uj ;V' Street address Lf 0 30 IV€- :;;r~~a ~ STi. 6-G:--r City or township tHE-1 &-~ Zip code County r: 0 l-u, tr"l e, 11+ S"'SCf ,}.f h~J(4- -25- LG240B Application to Conduct Excluded Bingo Organization name -rR.I -C IT C-/G6 4JSOC 1,4>r/(JJ4/ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Signatu~f-/v-. ~ Daytime phone number 16 ~ Sa~_ ~3?9 Name (please print) '1J tftJ Z V c 11 Date b 1 dl/ (),b Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. Page 2 of 2 11/04 Date ~ 1rf2.3 166 If the gambling premises is located in a township, both the county and township mu ign this application. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2). For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Signature of township official acknowledging application Title Date Print name of county (Signature of county personnel receiving application) Title Date ---.!---.! Mail application and attachment(s) Send the completed application and a copy of your proof of nonprofit status (see instructions) at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 This form will be made available in altemative format (Le.large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to process your application. Your name and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your authorization. When the Board issues your authorization, all of the information that you have provided to the Board in the process of applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided in the process of applying for an authorization remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose war\< 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 LegislativeAuditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. -26- Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: January 8, 2003 Person to Contact: Jocie Bradshaw #31-02167 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 41-1647629 Tri-City Hockey Association P. O. Box 21547 Columbia Heights, MN 55421 Dear Sir or Madam: This letter is in response to the amendment to your organization's Articles of Incorporation filed with the state on October 4, 2002. We have updated our records to reflect the name change as indicated above. Our records indicate that a determination letter issued in January 1995, granted your organization exemption from federal income tax under section 501 (c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)1 and 170 (b)(1)(a)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required,' it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organ1zation is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. -27- The Church of the Immaculate Conception 4030 Jackson Sneer Northeast' Columbia Heights, MN 55421-2929' rei (763) 788-9062 . fax (763) 788-0202 June 22nd, 2006 The Tri-City Hockey Club will not pay more than $100.00 for use of the Immaculate Conception Church facilities at the annual Fun Fest, taking place on August 12th and 13th, 2006. Sincerely, \7..-.;;r 1vwVL-~ Pastor Tom Kunnel TOR DANIEL PRICE OR SUSAN PRICE 1327 HILLCREST DR NE PH 780-5436 FRIDLEY, MN 55432-5827 8655 0.e:J;J.Ok {;t $ e:zs:~ 17-1/910122 2946637309 Date . WellsFargollank,N.A. MInnesota WI!lI.fllrgo.com Dollars ffi S.euflt, Fe.lutu I Oellll. on Baek. .:0 q ,0000 ,q.: . "';/.i;~ /J -~~ ~~ 2q~bb3?30~-28-55--- - M> For CITY COUNCII.. LETTER Meeting of July 24,2006 AGENDA SECTION: Consent NO. ITEM: Transfer of funds from General Fund to Police NO Dept. Budget to Reimburse Overtime Fund 5 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: June 28, 2006 BACKGROUND During the past three months, the Police Department has been involved in off duty employment details that are handled through the department. These details were security details at Unique Thrift Store and Columbia Heights MiddlelHigh School activities. Since this type of off duty employment is handled through the department, officers have signed up and worked these details since April 7, 2006, and we have received a check from the following entities: Unique Thrift Stores-two checks totaling $2,233.30, and Columbia Heights School District # 13-three checks totaling $2,575. This money is considered revenue and was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $2,233.30 received from Unique Thrift Stores and the $2,575 received from Columbia Heights School District #13 be returned to the 2006 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $2,233.30 received from Unique Thrift Stores and $2,575 received from Columbia Heights School District #13 from the General Fund to the Police Department 2006 budget under line #1020, police overtime. TMJ :mld 06-123 COUNCIL ACTION: -29- City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson .Ai) From: Captain William J. RodtiYO/ Subject: Overtime Transfer Date: June 22, 2006 Attached is a list of the overtime re-imbursement received from April 7th through June 21, 2006. This is income from outside sources that has been paid to CHPD for the services of our personnel. Please request transfer of these funds to our overtime account. Unique Thrift INVOICE # 010 015 Apr 06 May 06 DATE 4- 24-06 6-13-06 AMOUNT $ 850.00 1383.30 Sub total 2233.30 Columbia Heie:hts MiddlelHil!hschool Activities INVOICE # DATE 007 Battle of the Bands 3-17 -06 011 School Security Detail 4-24-06 014 School Security Detail 5-26-06 AMOUNT $ 175.00 975.00 1425.00 Sub total 2575.00 Total Amount to be transferred to OT Account $4808.30 -30- / INVOICE Columbia Heights Police Department Date: April 24, 2006 Invoice #: 2006-010 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: Police Officers for: April 2006 Sat. 4-01-06 1145-1545 Bo 4hrs. ~/ (o~ Tue. 4-04-06 1145-1245 Ok 1hrs. Sat. 4-08-06 1130-1530 Ok 4hrs. Tue. 4-11-06 1430-1830 Ok 4hrs. 11-z,~j'-- Sat. 4-15-06 1145-1545 Ok 4hrs. Sat. 4- 22-06 1130-1530 Bo 4hrs. ( BILLING INFORMATION Number of Officers: 6 Hours: 17 2006 OT Wage is $50.00 hr. Holiday Premium Rate is $66.66 hr. Total Due: $850.00 Make checks payable to the City of Columbia Heights. Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MillStreetNE.ColumbiaHeights.MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: ~fO.'= Off Duty: 5(,/oro , Amount Received: Date: {!L1f. O(/I?I -31- .1./06 2006-010 I 850.00 .00 850.00 l ~ :HECK: 011171 05/01/06 City of Columbia Heights CHK TOTAL: 850.00 011171 Nash Sales, Inc. 1387 Cope Ave. E. Maplewood, MN 55109 (651) 773-8077 Anchor Bank North St. Paul, MN 75-882-960 i . .:> <5 . ;; ;; o *EIGHT HUNDRED FIFTY DOLLARS AND NO CENTS DATE 05/01/06 AMOUNT *******850.00* t1J PI TL .-IE ORDER OF: City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 ~ 1: '5 u .= . . . . ... ~ " . "' II- 0 ~ ~ ~ ? ~ II- I: 0 Ii baa a a 2 51: Ii ? q 50 ... Ii II- -32- / INVOICE Columbia Heights Police Department Date: June 13. 2006 Invoice #: 2006-0 IS Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: Police Officers for: May 2006 Tue. Sat. Sat. Tue. Sat. Mon. 5-02-06 5-06-06 5-13-06 5-16-06 5- 20-06 5-29-06 1200-1600 1515-1915 1530-1930 1300-1700 1200-1600 1130-1530 Bo Ok Ok Wi Sc Bo 4hrs. 4hrs. 4hrs. 4hrs. 4hrs. 5.75hrs. (* Holiday Premium) fJ BILLING INFORMATION Number of Officers: 6 Hours: 20 + 5.75 Prem 2006 or Wage is $50.00 hr. Holiday Premium Rate is $66.66 hr. Total Due: $1383.30 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department. 559 Mill Street NE. Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Amount Received~ 3 B..J. .3 0 Off Duty: Date: G:, -.2G> - 0<0 (!!J..:~' 0 II 31~ -33- .I Nash Sales, Inc. DATE INVOICE NO COMMENT )6/13/06 2006-015 AMOUNT 1,383.30 011332 DISCOUNT NET AMOUNT .00 1,383.30 ~HECK: 011332 06/16/06 City of Columbia Heights CHK TOTAL: 1,383.30 011332 Nash Sales, Inc. 1387 Cope Ave. E. Maplewood, MN 55109 (651) 773-8077 Anchor Bank North St. Paul, MN 75-882-960 *ONE THOUSAND THREE HUNDRED EIGHTY THREE DOLLARS AND 30 CENTS DATE AMOUNT 06/16/06 *****1,383.30* 6 PAY TO THE ORDER OF: City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 ~ 1110 . . ::i ::i 2111 1:011 1;0088 251: 11 ? 1150 ...11111 -34- ~ INVOICE Columbia Heights Police Department Date: March 17, 2006 Invoice #: 2005-007 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phone: 528-4601 Attn: Betty Thomas Request for: 1 Battle of the Bands Police Officer for: Fri 2-03-06 1730-2100 3.5hrs BILLING INFORMATION Number of Officers: 1 Hours: 3.50 Wage is $50.00 per hour. Total Due: $175.00 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department. 559 Mill Street NE. Columbia Heights. MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: J; 00 Amount Received: --I ? S - Date: U 1l=( 2 !> 39'" rz r.:t0 r;; 7/0 to , -35- ., A ~ ISO NO. 13 VENDOR NUMBER VENDOR NAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS CHECI( DATE 04/12/06 CHECK NO. 00125394 DATE INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUNT 04/11/06 2005-007 175.00 VJ 0\ PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAlO 175.00 ;1111. :1-,. iI:{:1~"~~IiI:1:li1II: I ~"a"t/!' i_:I :ll'iri1: ':~ .:U:Ilil;I::(~~.:'~l-"'lIti.l..l:l~iJ:BlilKtm.lll~l~ :r~lti;,;r~l."... - ...... ... . 76-1592 .."INDEPENDENT SCHOOL DISTRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 [!EtJank. 303 Third Street Northwest East Grand Forks, MN 56721 CHECK DATE 04/12/06 CHECK NO. 125394 912 PAY; *******175 DollarS! 00 Cents 1'0 1'HE ORDER OF: CHECK AMOUNT $175.00 CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 [i_................................ii!.~ I,it!"'.; .'i ':.;;,""',:::ii,j, II. ~ 2 5 ~ q ... II. I: 0 q ~ 2 ~ 5 q 2 ? I: J. 5 2 J. 0 0 DO? b 2 ~ II. INVOICE / Columbia Heights Police Department ,~ Date: April 24, 2006 Invoice #: 2006-01 1 Customer Name: Independent School District #13 Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phone: (Afternoon School Security Detail - March 2006) Attn: Finance Department Request for: 1 Police Officer for: Afternoon School Detail Week 1- Mar. 6-10 5days x 1.5hrs @ OT Rate Week 2- Mar. 13-17 (No School- Spring Break) Week 3- Mar. 20-24 5days x 1.5hrs @ OT Rate Week 4- Mar. 27-31 3days x 1.5hrs @ OT Rate (No Officer Mar 27 & 28) $ 375.00 $ 375.00 $ 225.00 \~ Sub Total: 975.00 ~ TOTAL: $ 975.00 ~(1/~lO~ P-- BILLING INFORMATION Number of Officers: 13 Hours: 19.5 2006 OT Wage Rate is $50.00 per hour. Total Due: $975.00 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department. 559 Mill Street NE. Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: "fJ!. .0 97.!" .- eJ- ':#=- t:J 0 I 2 ~ r1' 7 Off Duty: Amount Received: Date: ,$=-( -0<0 -37- ISU NO. 13 VEnDOR NUMBER VENDOR NAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS CIIECI< DATE 04/27/06 CIIECI< NO. 00125597 DATE INVOICE NUMBER DESCRIPTION P.o. NUMnE'n AMOlJNf 04/25/06 12006-011 975.00 6ff~~ /0/.00. 34-.;LOI PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 975.00 00 (1j ] 1::1 .or lli~(f'I.[.]II~I' :r.f(~~t1:r~l."'II;lII..:1~"i::l:I~W!.JjI't$.l~!l~m'iU"i.~:I~I"': _ .... i:r~:I:(It~t1:r'l."".I{'I.':'. . . ... . ... 75-1592 INDEPENDENT SCHOOL DiStRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 ttS!tiahk. 303 Third Street Northwest East Grand Forks. MN 56721 04/27/06 CHECK NO. 125597 912 CHECK DATE pAy: *******975. Dollars 00 Cents TO THE ORDEROP: CHECK AMOUNT $975.00 CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 [!I:~:jm !,'ii\: ',;./ ".;~;l!Ji! II' ~ 2 5 5 q ? II' I: 0 q I. 2 I. 5 q 2 ? I: ~ 5 2 ~ 0 0 0 0 ? b 2 l II' / INVOICE Columbia Heights Police Department Date: May 26, 2006 Invoice #: 2006-014 Customer Name: Independent School District #13 Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phone: (Afternoon School Security Detail - April 2006) Attn: Finance Department Request for: 1 Police Officer for: Afternoon School Detail Week 1- Apr. 03-07 5days x 1.5hrs @ OT Rate Week 2- Apr. 10-13 4days x 1.5hrs @ OT Rate Week 3- Apr. 17-21 5days x 1.5hrs @ OT Rate Week 4- Apr. 24-28 5days x 1.5hrs @ OT Rate $ 375.00 $300.00 $ 375.00 $ 375.00 Sub Total: 1425.00 ~J TOTAL: $1425.00 BILLING INFORMATION Number of Officers: 19 Hours: 28.5 2006 OT Wage Rate is $50.00 per hour. Total Due: $1425.00 Make checks payable to the ACity of Columbia Heights@. Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MillStreetNE.ColumbiaHeights.MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: $ - I Y2J Date: G."" 1"2-0 Co e.B-#- 12'- 13r- -39- I~d NO. 13 \ r rJDOR NUMIlER VFNfJOn NM,U= 08350 - 0 : CITY OF COLUMBIA HEIGHTS CHFCI< n^TF 06/08/06 r,11r:r:1< NO 00126135 o INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUNT 6 2006-014 1,425.00 - . -- . Oil. IE PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 1,425.00 o -.::Ii THIS CHECK HAS A COLORED BACKGROUND BACK HAS FULL PATTERN AND SECURITY WATERMARK 75-1592 INDEPENDENT SCHOOL DiStRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 [!!JJank. 303 Third Street Northwest East Grand Forks, MN 56721 CHECK DATE 06/08/06 CHECK NO. 126135 912 PAY: ******1,425 Dollars 00 Cents CHECK AMOUNT $1,425.00 TO THE ORDER OF: CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 r--_. .....'.,..x,. .,' ,."... """.,.. '.'.'.'."'j. . ...,.......,... ',' .... ....,........... .................. ..-...... . ...... .......... .....,.......,. '... . ................,... . ..... ........... '..,...... .', ..........,........... ...... ..- .. ........... ...... ,. .... ", .... . ',' ........ .......... ........ .. . .... ...... . .,' ',' " ...." ........... ..... .. ..... . .... . '.' '.' ...,....... ..... . . . ...... ::.:.:....-:-:...:.:.-:.....~. ":':':':'. ........... .... ..... ........ .... .' ........... ...... ... ... ..... ~:~::.:~:i::. ......: . }.> . .. . ..... ~:~:~:f~:~ III ~ 2 b ~ 1 5 III I: 0 q ~ 2 ~ 5 q 2 ? I: ~ 5 2 ~ 0 000 ? b 2 1111 'f' '" CITY COUNCIL LETTER Meeting of July 10, 2006 NO: ITEM: 5. ORIGINATING DEP AR TMENT: Fire AGENDA SECTION: CONSENT BY: Gary Gorman NO: '5 A- 0) DATE: July 5, 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 July 10, 2006. COUNCIL ACTION: -41- Occupany J.D. 20176 30007 301 30 10012 20014 30118 30120 20126 10101 10088 20084 10097 30007 20117 10087 12015 20280 12050 20191 10032 20381 30064 12093 12219 12005 30075 92722 12010 20067- 20333 20007 20112 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Koke Properties PMJ Group,lnc,c/o First Select Equities Haji Azam Brian Bona Christopher Decker Salah Farghaly Salah Farghaly Raymond Fritz Harley Gayle Jason & Julie Hetland Mike Hozempa Matthew Johnson Michael Juaire Ping Luu-Wang Rochelle McCain Mary Jo McNutt Dale Melberg Kathleen Mills Alexander Moseychuk Marlin Moske Gary Peterson Michael Prokopiuk Barbara Reed Cheri Runke Bruce Smith Wilton Smith Tsering Thongpatsang Steven Thoreson Willard Thorp John Utke Robert Vandeveer Bart Woolsey -42- Property Address 4108 MADISON 4417 UNIVERSITY 4622 Tyler 40157TH 66647 1/2 4625 Tyler 4633 Tyler 1332 CIRCLE TERRACE 132444TH 131943RD 3804 3RD 5030 5TH 4417 UNIVERSITY 121445 1/2 4721 UNIVERSITY 5055 JACKSON 3719 PIERCE 1129 CHEERY 5043 JACKSON 1012 GOULD 3713 BUCHANAN 3853 EDGEMOOR 4524 FILLMORE 4201 6TH 3800 Tyler 4544 MADISON 4230 Reservoir 4613 Taylor 141137th 3849 JACKSON 4636 Taylor 3722 PIERCE CITY COUNCIL LETTER Meeting of: July 10, 2006 AGENDA SECTION: COAJ..5 E/VT ORIGINATING DEPT.: CITY MANAGER NO: 5' License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~y\. DATE: SA1) _e NO: DATE: July 6, 2006 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the July 10, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. 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 July 10, 2006 as presented. COUNCIL ACTION: -43- TO CITY COUNCIL July 10, 2006 *Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Total Comfort Htg *Metro Sheet Metal Inc *Peterson Plumb & Htg * J.N. Johnson * Amana Home Improve 4000 Winnetka Ave No. New Hope 3260 Fanum Rd, St Paul 5780 Tower Dr Woodbury 4200 W. 76th St, Edina 1237 10ih Lane NE, Blaine -44- $60.00 $60.00 $60.00 $60.00 $60.00 5A. ~) CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCil., MEETING OF: J~ IO,10Dh STATE OF MINNESOTA COlJ"NTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed .in the attached check register covering Check Number Il1 (,t; 7 in the amount of$ 2, 3Q8.Lf1.5.~ . through It tl q S These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -45- ACS FINANCIAL SYSTEM 07/06/2006 14:12:31 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......07/10/2006 COUNCIL LISTING INCLUSIONS: Fund & Account....... ....... thru Check Date.................. Source Codes................ Journal Entry Dates......... Journal Entry Ids...... ..... Check Number................ proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . V I :her .................... R ~ !ased Date............... C 0\ lred Date.. . . . . . . . . . . . . . . thru thru thru thru 117657 thru 117795 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 07/06/2006 14 BANK VENDOR Check History 07/10/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT NORTHEAST BANK AISH/MATT BAKKEN/CHERYL BRADLEY REAL ESTATES INC CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CITY OF EAGAN CITY WIDE WINDOW SERVICE COLUMBIA HEIGHTS I DEEP ROCK WATER COMPANY DEX MEDIA EAST LLC ESCHELON GENUINE PARTS/NAPA AUTO GOVERNMENT FINANCE OFFIC KIWI KAI IMPORTS KORBEL/BETSY KORTS/STEVEN LINDSTROM/MARILYN MEDICINE LAKE TOURS MINNESOTA COACHES MOELLER/KAREN MPLS BMEU PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SCAMMAHORN/JENNIFER SPECIALTY WINES & BEVERA TDS METROCOM VINOCOPIA INC WELLS FARGO BANK XCEL ENERGY (N S P) CAPITOL BEVERAGE SALES L KUETHER DIST. CO. ADAMS/JAMES ARCH WIRELESS/METROCALL EXTREME BEVERAGE G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JJ TAYLOR DIST OF MN KELLY/MICHELLE KUEHN/JEAN LARKIN/JOHN MARGRON SKOGLUND WINE IM MARK VII DIST. MARKHAM/MATTHEW *'" '-1 117657 11 7658 11 7659 11 7660 11 7661 11 7662 11 7663 11 7664 11 7665 11 7666 11 7667 117668 11 7669 11 7670 11 7671 117672 11 7673 11 7674 11 7675 11 7676 11 7677 11 7678 11 7679 117680 117681 117682 11 7683 11 7684 117685 117686 117687 117688 117689 11 7690 117691 11 7692 11 7693 117694 117695 117696 11 7697 117698 117699 11 7700 117701 11 7702 11 7703 AMOUNT 1,500,000.00 44.36 9.35 11,940.57 1,439.89 9,038.20 612.00 23.43 5,581.28 111.02 220.15 156.23 630.83 415.00 3,160.55 9.00 33.99 2,000.00 1,215.00 521.05 54.85 3,600.00 198.73 8,024.71 51,206.27 300.00 1,802.00 1,041.92 1,023.50 7,736.38 3,845.47 77,823.12 13,231. 95 250.42 84.33 640.00 150.80 80.53 16,381. 86 6,584.59 53,476.30 29.00 58.67 38.72 330.00 57,492.75 36.73 ACS FINANCIAL SYSTEM 07/06/2006 14 BANK VENDOR Check History 07/10/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT MINNESOTA CROWN DISTRIBU MORE DISTRIBUTING, INC RICO/MARTIN STEFFEN/DEBORAH L STREETAR/ROBERT VERIZON WIRELESS WORDEN/CORY XCEL ENERGY (N S P) YOUNG/KATHY CITY OF COLUMBIA HEIGHTS AAA AWARDS ACE HARDWARE AID ELECTRIC SERVICE INC AMERIPRIDE ANOKA COUNTY LIBRARY APACHE GROUP OF MN ASPEN EQUIPMENT AUTO TRENDS BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BLUEMELS TREE SERVICE BOOK PAGE BRODART BROWNELL'S INC BRYAN ROCK PRODUCTS, INC BUETOW AND ASSOCIATES IN BUILDING FASTENERS CADD/ENGINEERING SUPPLY CATCO PARTS SERVICE CCP INDUSTRIES CENTRAL IRRIGATION SUPPL CENTURY FENCE COMPANY CINTAS FIRST AID-SAFETY CITIZENS LEAGUE CITY PAGES DAKOTA COUNTY RECEIVING DCI INDUSTRIES LTD DEMCO, INC. DIAMOND VOGEL PAINTS DU ALL SERVICE CONTRACTO EARL F ANDERSEN INC EHLERS & ASSOCIATES INC EMBROIDERY & MORE ENTERPRISE NETWORK SYSTE G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO *'" 00 11 7704 11 7705 11 7706 11 7707 11 7708 117709 117710 117711 117712 117713 117714 117715 117716 117717 117718 117719 117720 117721 11 7722 11 7723 117724 11 7725 11 7726 117727 117728 117729 117730 117731 117732 11 7733 11 7734 117735 117736 117737 117738 11 7739 117740 117741 11 7742 11 7743 11 7744 11 7745 117746 117747 117748 117749 11 7750 AMOUNT 555.00 81. 00 72.50 91. 27 97.90 512.54 118.71 14,963.84 78.00 310,228.32 153.06 10.59 983.08 75.87 463.91 442.83 6,749.97 763.62 4,340.89 662.86 10,321. 25 216.00 157.15 33.68 1,542.03 1,094.82 94.07 270.00 65.48 92.19 . 88.04 1,744.47 176.90 70.00 450.00 63.00 469.76 41.46 354.27 1,394.97 7,578.54 12,818.75 155.00 1,215.60 52.99 190.92 5.31 ACS FINANCIAL SYSTEM 07/06/2006 14 BANK VENDOR Check History 07/10/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT BANK CHECKING ACCOUNT GREATER METROPOLITAN HSG 11 7751 15,000.00 HEIGHTS ELECTRIC INC. 11 7752 319.48 HOUCHEN BINDERY LTD 11 7753 337.75 INTEGRATED LOSS CONTROL 11 7754 352.00 KENNEDY & GRAVEN 11 7755 152.00 LEAGUE OF MN CITIES INS 11 7756 36,476.75 LITTLE FALLS MACHINE INC 117757 345.72 LUBE-TECH 11 7758 67.21 LYNDE COMPANY 11 7759 753.22 MARSHALL CONCRETE PRODUC 11 7760 1,134.57 MENARDS CASHWAY LUMBER-F 117761 694.79 METROPOLITAN HOME 11 7762 20.00 MIDWAY FORD 11 7763 568.67 MIDWEST ASPHALT CO. 117764 2,143.17 MINNEAPOLIS SAW CO. 11 7765 638.95 MN DEPT OF ADMINISTRATIO 11 7766 37.00 MN POLLUTION CONTROL AGE 11 7767 240.00 MOTION PICTURES LISC. CO 11 7768 186.00 MTI DISTRIBUTING 11 7769 199.23 MURLOWSKI PROPERTIES INC 11 7770 90.00 OFFICE DEPOT 11 7771 186.67 OMNI ROOFS INC 11 7772 289.00 ONE-CALL CONCEPT-GOPHER 11 7773 557.35 ~ ORKIN 11 7774 62.82 I.D PARKVIEW VILLA RESIDENT 117775 130.00 PAUL POOLS & SPAS 117776 28.70 PERFORMANCE OFFICE PAPER 11 7777 147.10 POYNER & SPRUILL LLP 117778 1,006.88 PRICE/JENNIE 11 7779 146.51 PROSOURCE TECHNOLOGIES I 11 7780 16,110.10 QUICKSILVER EXPRESS COUR 117781 38.86 RICOH BUSINESS SYSTEMS 11 7782 469.67 RYDBERG/SCOTT 11 7783 90.00 S & T OFFICE PRODUCTS IN 117784 397.55 SARNA'S 11 7785 816.77 STAPLES BUSINESS ADVANTA 11 7786 450.55 STRATEGIC INSIGHT COMPAN 11 7787 798.75 SUN PUBLICATION 11 7788 740.85 TRUGREEN CHEMLAWN 117789 39.00 TUBBS/MARSHA 11 7790 38.95 UNIFORMS UNLIMITED INC 11 7791 201. 20 US HOSPITALITY PUBLISHER 11 7792 395.00 VERIZON WIRELESS 11 7793 107.02 WELLE AUTO SUPPLY INC 11 7794 302.79 ZIEGLER INC 11 7795 229.29 2,308,425.80 *** ACS FINANCIAL SYSTEM 07/06/2006 14 BANK VENDOR REPORT TOTALS: Ul o CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 Check History 07/10/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 2,308,425.80 RECORDS PRINTED - 000783 ACS FINANCIAL SYSTEM 07/06/2006 14:12:34 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 411 415 418 420 431 432 433 439 481 601 602 603 604 609 701 r- I 8U1 8""", 8 I 8t!::> 886 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ COMMUNITY CTR CAPITAL BLDG CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL CAP EQUIP REPLACE-SEWER CAP EQUIP REPLACE-WATER FIRE CAPITAL EQUIPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE PAYROLL FUND INVESTMENT FUND FLEX BENEFIT FUND 53,541.29 528.73 281. 62 44.25 7,011.32 650.00 1,094.82 3,983.27 1,400.00 41,893.53 2,476.13 2,136.92 2,136.92 160.76 91.65 3,363.68 3,596.75 1,214.42 298.00 323,781.51 5,362.11 3,053.63 2,354.85 1,264.57 36,476.75 302,137.16 1,500,000.00 8,091.16 2,308,425.80 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 2,308,425.80 2,308,425.80 CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: o ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY~.{?- NO: 2006- :?If DATE: July 5, 2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Lee J. Christopher regarding property at 961 37th Avenue 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-r1there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-.i.!:b a resolution of the City Council of the City of Columbia Heights declaring the property at 961 37th A venue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -52- RESOLUTION 2006- ?'+ 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 Lee 1. Christopher (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 3 ih Avenue 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 June 7, 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 April 20, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 7, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on July 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 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. Shall landscape area next to driveway (just west of the current driveway) If area is to be used for parking, it must be hard surface.(ie: concrete or asphalt) door that is damaged. 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 1. That the property located at 961 3 ih Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, -53- and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 37th Avenue 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -54- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Public Hearings b ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement 2006- <i?5 BY: Gary Gorman NO: ~B DATE: July 5, 2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Luis V. Chiqui regarding property at 4110 6th 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. 2006-85there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006- &:5: a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -55- RESOLUTION 2006- S'5 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 Luis V. Chiqui (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4110 6th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 13,2006. 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 April 24, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 13,2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on July 5, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 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. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; B. MISCELLANOUS JUNK-ALL OVER C. BUILDING SUPPLIES D. TREE WOOD E. REFRIGERATOR F. CONCRETE 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 1. That the property located at 4110 6th Street NE. is in violation of the provisions of the -56- 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. 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 4110 6th 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -57- AGENDA SECTION: NO: ITEM: NO: CITY COUNCIL LETTER Meeting of July 10, 2006 Public Hearings ~ ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL Adopt Resolution For Abatement to c.) 2006-8 b BY: Gary Gorman B~~.~ DATE: DATE: July 5, 2006 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against James C. Tang regarding property at 4156 5th 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. 2006-86 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-ib., a resolution of the City Council of the City of Columbia Heights declaring the property at 4156 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -58- RESOLUTION 2006-Q0 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 James C. Tang (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4156 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 6, 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 October 27, 2005, an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property listed above. Inspectors noted the three violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on June 30, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 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. Shall replace the rotted step on the south side of the house. B. Shall repair the asphalt driveway. C. Shall repair the retaining wall by the house. 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 1. That the property located at 4156 5th Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. -59- 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 4156 5th 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 of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -60- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: (p ITEM: Adopt Resolution For Abatement 2006-~ ~ 1>) BY: Gary Gorman DATE: July 5, 2006 DATE: NO: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Darrel 1. Gross regarding property at 4522 5th 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. 2006-8.1 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-..82, a resolution of the City Council of the City of Columbia Heights declaring the property at 4522 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -61- RESOLUTION 2006- ~ 7 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 Darrel J. Gross (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4522 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 6, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 6, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property listed above. Inspectors noted the five violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on June 30, 2006, inspectors reinspected the property and found that five violations remained uncorrected. 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. Shall scrape and paint garage where it is peeling. B. Paint bare wood around window on garage to match. C. Outside storage. Remove any/all outside storage including: snowblower, approximately 20 large garbage cans, and 5 gallon buckets. D. Shall install address numbers that are visible from the alley. E. Compost pile in back may not be any larger than 100 cubic feet total. In addition it may not be more than 5 feet high. 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 1. That the property located at 4522 5th Street NE. is in violation of the provisions of the -62- 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. 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 4522 5th 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 of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -63- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire NO: ITEM: Adopt Resolution For Revocation 2006- <?f/ BY: Gary Gorman CITY MANAGER APPROV BYi NO: DATE: July 5, 2006 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Fletcher Wanless regarding rental property at 1218-20 Circle Terrace Blvd. NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006- W: there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006- fe, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Fletcher Wanless regarding rental property at 1218-20 Circle Terrace Blvd. NE. COUNCIL ACTION: -64- RESOLUTION 2006- rJg Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1218-20 Circle Terrace Blvd., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 8, 2006 of an public hearing to be held on July 10,2006. A reminder notice was mailed by certified mail to all interested parties on July 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 May 1, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 8, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on July 3, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; Vacuum cleaner, garbage, and door. 11. Shall repair or replace missing railing for steps in front. Railing is currently on the ground. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). -65- ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F75 81 B is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -66- CITY COUNCIL LETTER Meeting of: July 10, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman NO: 2006-Jll b F) DATE: July 10, 2006 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michael Jaster regarding rental property at 47S2 Sth NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-E1, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-12:: Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by Michael Jaster regarding rental property at 47S2 Sth NE. COUNCIL ACTION: -67- RESOLUTION 2006- ~9 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Michael Jaster (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 47S2 Sth Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 16, 2006 of an public hearing to be held on July 10, 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 May 17, 2006, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 16, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to license the rental license for the property, failure to submit the application and the fees. b. Failure to schedule the inspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U47S2 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; -68- 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -69- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire NO: ITEM: Adopt Resolution For Revocation 2006-~ b G) BY: Gary Gorman DATE: July S, 2006 DATE: NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against As-Siddiq regarding rental property at 490S Sth Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-!l.Q, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-.2Q, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by As-Siddiq regarding rental property at 490S Sth Street NE. COUNCIL ACTION: -70- RESOLUTION 2006- 9D Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by As-Siddiq Enterprises (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 490S Sth Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June IS, 2006 of an public hearing to be held on July 10, 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 May 31,2006, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June IS, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to license the rental license for the property, failure to submit the application and the fees. b. Failure to schedule the inspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U490S is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; -71- 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -72- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire NO: ~ ITEM: Adopt Resolution For Revocation 2006- q I BY: Gary Gorman NO: , H) DATE: July 10, 2006 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Jeff Bahe regarding rental property at 3825 Central Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-9L there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006~, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by JeffBahe regarding rental property at 3825 Central Avenue NE. COUNCIL ACTION: -73- RESOLUTION 2006- q I Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Jeff Bahe (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3825 Central Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 6, 2006 of an public hearing to be held on July 10,2006. 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 December 12, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 6, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted nine violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on July 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair the gutters on the house, they are falling off detector. 11. Shall scrape and paint the trim 111. Shall repair the soffit and fascia on the front of the house where a large section has fallen off. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by -74- license number F7602 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -75- CITY COUNCIL LETTER Meeting of July 10, 2006 AGENDA SECTION: Resolutions NO: ITEM: , ORIGINATING DEPARTMENT: Fire NO: Adopt Resolution For Revocation 2006- q ~ fa .:r.) BY: Gary Gorman DATE: July 10, 2006 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Tim Proue regarding rental property at 4631-33 Pierce Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-.2a there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-~, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Tim Proue regarding rental property at 4631-33 Pierce St NE. COUNCIL ACTION: -76- RESOLUTION 2006- C; a. Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Tim Proue (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4631-33 Pierce Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 15, 2006 of an public hearing to be held on JulylO, 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 May 8, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 15,2006, inspectors for the City of Columbia Heights, reinspected the property and noted nine violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on July 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; 11. CARPET lll. BABY STROLLER IV. STUFFED ANIMALS v. BEDFRAME VI. BRANCES IN DRIVEWAY V11. FENCE POSTS, DOWN ALONG FENCE IN FRONT. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the -77- City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7725 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -78- Mayor: Gary L. Peterson Councilmembers: Bruce Nawrocki Bobby Williams Tammera Diehm Bruce Kelzenberg City Manager: Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 5542l-3Hn (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.co/ulnbia-heiRhts.lnll.us DATE: July 7, 2006 TO: Honorable Mayor, Gary L. Peterson City Councilmembers FROM: Walt F ehst, City Manager RE: Subordination Agreement- Huset Park/Schafer Richardson Development Corporation I am requesting that the attached Subordination Agreement be added to the City Council Agenda for consideration at the Monday, July 10,2006 meeting. THE CITY OF COL,UMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTU~"TY EMPLOYER 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & (6]2) 337-9300 telephone (6]2) 337-9310 fax http://www.kennedy-graven.com CHARTERED MEMORANDUM TO: Walt F ehst Randy Schumacher FROM: Stephen Bubul DATE: July 7, 2006 RE: Subordination and Consent Agreement between City, EDA and BNC National Bank ("Subordination Agreement") The City, EDA and Huset Park Development Corporation ("Redeveloper") entered into a Contract for Private Redevelopment dated as of October 25, 2005 (the "Contract"). In that Contract, the EDA agreed to subordinate its rights under the Contract in order to facilitate the Redeveloper's efforts to secure financing for the development, subject to reasonable terms and conditions that the EDA and lender agree upon in writing. The Redeveloper is currently seeking a loan from BNC National Bank (the "Bank") to provide additional financing for continued work on the project. The Bank has requested that the EDA (and City, since the City is also a party to the Contract) subordinate their rights under the Contract, all as detailed in the Subordination Agreement referenced above. The Subordination Agreement has two major functions: 1. The City and EDA subordinate whatever rights they have in the subject property under the Contract. Neither the City nor EDA hold mortgages on the subject property, and there are no minimum value assessment agreements in place. As such, subordination does not materially affect the City and EDA. 2. The City and EDA agree that the Redeveloper is assigning its rights in the tax increment and related assistance under the Contract to the Bank. That is, as security for the Bank's loan to Redeveloper, the Bank will have the right to receive tax increment notes and other payments that would otherwise be owed to the Redeveloper. This is a standard request by lenders in redevelopment transactions, and raises no concerns for the City or EDA. Nothing in the Subordination Agreement changes the EDA's or City's obligations regarding the redevelopment effort. I have reviewed the Subordination Agreement and, and in my view, it is a commercially reasonable document that is substantially similar to agreements the EDA has approved in prior redevelopment transactions. If you or members of the Councilor EDA have further questions, please let me know. RECOMMENDED MOTION: Move to approve the Subordination and Consent Agreement between City of Columbia Heights and BNC National Bank; and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same. 2 SUBORDINATION AND CONSENT AGREEMENT THIS SUBORDINATION AND CONSENT AGREEMENT (this "Agreement") made and entered into as of this _ day of July, 2006, by and between the Columbia Heights Economic Development Authority, a political subdivision under the laws ofthe State of Minnesota (the "Authority"), the City of Columbia Heights, a Minnesota municipal corporation ("City") and BNC National Bank, a national banking association ("Lender"). PRELIMINARY RECITALS: A. Huset Park Development Corporation, a Minnesota corporation (the "Redeveloper"), the Authority and the City have entered into a certain Contract for Private Redevelopment dated as of October 25, 2004 (together with any amendments, the "Contract") relating to the redevelopment of certain real property situated in the County of Anoka, State of Minnesota. B. As defined in the Contract, the "Redevelopment Property" now includes the land legally described in Exhibit A attached hereto (said property is also referred to as the "Premises"). C. Redeveloper is receiving a loan from Lender pursuant to a Land Development Loan Agreement by and between Redeveloper and Lender dated April 18, 2005 (the "Loan Agreement"), and evidenced by an Amended and Restated Promissory Note in the amount of Twenty Four Million One Hundred Thousand Dollars ($24, 1 00,000.00) (the "Note"), which Note is, among other things, secured by the following instruments executed and delivered by Redeveloper to Lender (together with the Loan Agreement, Note and other documents executed in connection therewith referred to as the "Loan Documents"): a. Mortgage and Security Agreement and Fixture Financing Statement dated April 18, 2005, recorded April 27, 2005, as Document No. 482662 in office ofthe Anoka County Registrar of Titles, and recorded April 27, 2005, as Document No. 1974721 in office of the Anoka County Recorder, which was amended by an Amendment to Mortgage dated April 29, 2005, recorded August 8, 2005 as Document No. 484002 in office of the Anoka County Registrar of Titles, and recorded August 8, 2005 as Document No. 1977285 in the office of the Anoka County Recorder, a Second Amendment to Mortgage dated May 24, 2005, recorded , 2005 as Document No. in the office of the Anoka County Registrar of Titles, and recorded , 2005 as Document No. in the office of the Anoka County Recorder and a Third Amendment to Mortgage dated June 1, 2005, recorded , 2005 as Document No. in the office of the Anoka County Registrar of Titles, and recorded ,2005 as Document No. in the office of the Anoka County Recorder, securing the Note (as the same may be amended from time to time, the "Mortgage"), encumbering the Premises; b. Collateral Pledge and Security Agreement dated , 2006 by and between Redeveloper and Lender (as the same may be amended from time to time, the "Security Agreement"), granting a security interest to Lender in all of Redeveloper's rights, title and interest in, under and pursuant to the Contract; and c. Uniform Commercial Code Financing Statements filed in the office of the Minnesota Secretary of State. D. Lender has required that the Authority and the City subordinate their respective rights under the Contract to the Loan Documents and the rights of Lender under the Loan Documents and acknowledge and consent to Lender's rights under the Loan Documents. E. The Authority and the City are agreeable to subordinating their respective rights under the Contract to the Loan Documents and the rights of Lender under the Loan Documents and to acknowledge and consent to the other matters referred to herein. NOW, THEREFORE, in consideration of the sum of One and Noll 00 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed as follows: 1. The Authority and the City each certify that as ofthe date of this Agreement no default exists under the terms of the Contract. 2. Notwithstanding the provisions of the Contract, the Authority and the City subordinate in all respects to the Loan Agreement, Note, Mortgage and the Loan Documents, and the interest of Lender thereunder, and to the liens of the Mortgage, Security Agreement and the Loan Documents, any and all right, title or interest the Authority and the City has, or may hereafter acquire in the Premises, or any insurance proceeds and condemnation awards with respect thereto, and including without limitation any rights of reversion, reentry or forfeiture of the Premises, if any, available to the Authority and the City, which are in all respects subordinate to the Mortgage and the Loan Documents and the liens created thereby, notwithstanding the order of recording or any other priority requirements which may otherwise exist. 3. The Authority and the City each acknowledge receipt of copies of the Mortgage, Note, the Loan Agreement, Security Agreement and the Loan Documents and acknowledge that this Agreement, the Mortgage, Note, Security Agreement, the Loan Agreement, the Loan Documents and the loan evidenced thereby are each hereby authorized and approved under the terms of the Contract. -2- 4. Following the occurrence of any event of default under the Loan Agreement, Note, the Mortgage, Security Agreement or the Loan Documents, the Authority and the City hereby consent to the transfer of the Premises ancIJor Redeveloper's rights under the Contract to Lender. 5. The Authority and the City each acknowledge that under the terms of the Loan Agreement, Lender may at its option upon an event of default, complete or cause the completion of the Project (as defined in the Loan Agreement). The Authority and the City agree that if Lender elects to complete or cause the completion of the Minimum Improvements (as defined in the Contract) (and each Phase thereof), upon completion of the Minimum Improvements (and each Phase thereof) the Authority shall issue a Certificate of Completion in recordable form as required by the Contract, notwithstanding any default by Redeveloper under the Contract. Nothing contained in this paragraph shall be deemed to require Lender to complete the Minimum Improvements, nor shall anything in this paragraph be deemed to prevent Lender from commencing foreclosure proceedings or pursuing any other remedy it may have under the Loan Agreement, Note, Security Agreement, the Mortgage or the Loan Documents. 6. If Lender exercises its rights to foreclose its Mortgage against the Premises, accepts a deed in lieu offoreclosure to the Premises, or exercises its rights under the Security Agreement, the Authority agrees that, subject to the performance of the terms and conditions of the Contract by Lender, or its successors or assigns, Lender shall be entitled to all of the rights and benefits afforded Redeveloper under the Contract as though Lender were the Redeveloper, including without limitation any rights the Redeveloper has to receive Initial Notes and payments under those Initial Notes, proceeds of any Refinancing Notes, proceeds of any Deed or Met Council grants, or any other payments owed by City or Authority to Redeveloper under the Contract. 7. a. The Authority and City each acknowledge that Redeveloper has assigned to Lender all of its right, title and interest in and to all the Initial Notes to be issued under the Contract and proceeds of any Refinancing Notes to be issued under the Contract, all to the extent such interests have not been previously assigned to The Ryland Group, Inc. by the Redeveloper. Upon written instruction from Lender, Initial Notes shall be issued to Lender, Lender shall be the registered owner of such Initial Notes as are issued to Lender, ancIJor all payments under any Initial Notes shall be made directly to Lender, and proceeds of any Refinancing Notes shall be paid directly to Lender. Notwithstanding the foregoing, the Authority and City shall be fully protected in making payments under any Initial Note, and paying proceeds of any Refinancing Note, to the registered owner thereof. If the Redeveloper and the Lender make inconsistent demands on the Authority or City for payment of any Initial Note or Refinancing Note, or otherwise challenge the appropriate party to which payment is to be made, the Authority shall be entitled to pay the disputed amount to the registered owner ofthe relevant Initial Note, and upon such payment the Authority's obligation with respect to making such payment will be deemed fully satisfied. b. The Authority acknowledges that (i) the aggregate principal amount of the Initial Notes to be issued to Redeveloper is Seven Million Nine Hundred Fifty-Five Thousand Four Hundred Dollars ($7,955,400.00), which amount represents the amount of assistance -3- initially determined by the Authority as required to provide Redeveloper a fifteen percent (15%) return on costs as master Redeveloper, all as described in Section 3.8 of the Contract; (ii) the maximum principal amount is subject to increase (or decrease) as described in Section 3.9 of the Contract if Redeveloper's actual costs are higher or lower than shown in Schedule H of the Contract; (iii) the actual aggregate principal amount of all Initial Notes will depend on the actual Schedule H costs, the timing of development and market value of such development, and the Projected Tax Increment as defined in Section 3.8(b) of the Contract; (iv) no Initial Notes have been issued as of the date of this Agreement; (v) the aggregate principal amount of the Initial Notes may be significantly greater than Seven Million Nine Hundred Fifty-Five Thousand Four Hundred Dollars ($7,955,400.00) after adjustments described in the Contract, and (vi) the Authority restates the qualifications made in Section 3.8(g) of the Contract, applying to Lender as assignee of any rights of Redeveloper under the Contract. 8. The Authority and the City each represent to Lender as follows: a. The making, delivery and performance of this Agreement have been duly authorized by all necessary action and this Agreement, when executed, shall be the legal, valid and binding obligations of the Authority, enforceable in accordance with its terms; b. The Project is permitted by, and if completed in accordance with the Construction Plans (as defined in the Contract) submitted to and approved by the Authority under the Contract, will, to the knowledge ofthe Authority, comply with all applicable zoning ordinances; and c. The making, delivery and performance of the Contractis the legal, valid and binding obligation of the Authority. 9. In the event that there occurs a default under the Mortgage or the Loan Documents, Lender agrees to provide a copy to the Authority of any written default notice given to Redeveloper relating to a default under the Mortgage or the other Loan Documents contemporaneously with the delivery of such written default notice to Redeveloper and Lender agrees to that the Authority shall have the right, but not the obligation, to cure any such default on behalf of Redeveloper within such cure periods as are available to Redeveloper under the Mortgage or the other Loan Documents. In the event there is a default under the Contract, the Authority shall transmit to Lender a copy of any notice of default given by the Authority pursuant to the Contract. 10. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated. Lender, the City and the Authority may, by written notice given by each to the others, designate any other address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: -4- (a) To Lender: BNC National Bank 333 South Seventh Street, Suite 150 Minneapolis, Minnesota 55402 Attn: Brian K. Whitemarsh (b) To the Authority or the City: Columbia Heights Economic Development Authority 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 Attn: Executive Director / City Manager 11. The Authority and the City and Lender acknowledge and agree that Lender is not a party to the Contract (and by executing this Agreement does not become a party to the Contract); nor does Lender assume any obligation thereunder; that this Agreement contains the entire agreement among the parties with respect to the matters set forth herein; that this Agreement may be amended only in writing signed by all the parties hereto; that this Agreement shall be construed under the laws of the State of Minnesota; that this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns; and that this Agreement may be executed in any number of counterparts, each of which shall constitute the same instrument. [Signatures begin on next page] -5- IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed as of the date first above written. Columbia Heights Economic Development Authority By: Don Murzyn Jr. President By: ltJalter R. Fehst Executive Director STATE OF MINNESOTA) ) SSe COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of , 2006, by and the and , respectively, of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf ofthe Authority. Notary Public [Signature page 1 oj 3 to Subordination and Consent Agreement) -6- City of Columbia Heights By: Gary L. Peterson Its: Mayor By: vJalter R. Fehst Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of ,2006, and , the Mayor and the City Manager, respectively, of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public [Signature page 2 of 3 to Subordination and Consent Agreement) -7- BNC National Bank (A National Banking Association) Brian K. Whitemarsh Its: Executive Vice President STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of June, 2006, by Brian K. Whitemarsh, the Executive Vice President ofBNC National Bank, a national banking association, on behalf of said banking association. Notary Public This Document was Prepared By, Recording is Requested By and When Recorded Mail To: Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. lOO South Fifth Street, Suite 2500 Minneapolis, Minnesota 55402 Attn: Grover C. Sayre, III @PFDcsktop\::ODMAlGRPWISE/GWDSTP.GWPOSTP.STPLIB1:344616.3 [Signature page 3 oj 3 to Subordination and Consent Agreement) -8- EXHIBIT A TO SUBORDINATION AND CONSENT AGREEMENT Legal Description The Property referred to in this Agreement is situated in the County of Anoka, State of Minnesota, and is legally described as follows: