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Home My WebLink AboutAugust 14, 2006 Regular ADMINISTRA nON Mavor Gary L. Peterson C ouncilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Ciw Manaf!er Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at: www.ci.colu/llbia-heights./Illl.us The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, August 14,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCA TION 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none 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) Apl'rove City Council Meeting Minutes for July 24. 2006 regular City Council meeting P7 MOTION: Move to approve the minutes of the July 24,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the April 25, 2006 HRA meeting. P19 b) MOTION: Accept the minutes of the May 23, 2006 EDA meeting. P23 c) MOTION: Accept the minutes of the July 10,2006 EDA special meeting. P32 d) MOTION: Accept the minutes of the July 20, 2006 Telecommunications Commission meeting. P36 e) MOTION: Accept the minutes ofthe July 20,2006 Charter Commission meeting. p40 f) MOTION: Accept the minutes of the July 10,2006 Traffic Commission meeting. p43 3) Establish Work Session meeting date for Tuesday, August 29.2006, beginning at 7:00 p.m. in the Council Chambers p46 MOTION: Move to establish a Work Session meeting date for Tuesday, August 29,2006 beginning at 7:00 p.m. in the Council Chambers. City Council Agenda August 14,2006 Page 2 of6 4) Adopt Resolution No. 2006-99, being a Resolution designating election judges and salaries for the p47 2006 Primary and General Elections. MOTION: Move to waive the reading of Resolution No. 2006-99, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-99, being a Resolution designating election judges and salaries for the 2006 Primary and General Elections. 5) Approve transfer of funds from the General Fund to reimburse Police Dept. overtime budget p 50 MOTION: Move to transfer $500 received from Unique Thrift Stores and $3,634 received from Northeast Metro School District 916 - a total of$4,134 - from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 6) Adopt Resolution No. 2006-104, being a Resolution approving settlement of eminent domain P58 proceedings for 450 38th Avenue NE MOTION: Move to waive the reading of Resolution No. 2006-104, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-104, being a Resolution approving settlement of eminent domain proceedings for 450 38th Avenue NE. 7) Authorize Capital Equipment Replacement of Unit #118, a 1967 Onan 85KW generator and P61 automatic transfer switch. MOTION: Move to authorize the replacement of existing Unit #118, Onan 85KW generator, with one (1) new CAT Model G100F3 Natural Gas 100 KW generator and automatic transfer switch from Zeigler Power Systems in the amount of$21,585 plus tax, with funding from Fund 433-49430-5180 and dispose of Unit #118 by auction. 8) Authorize Capital Equipment Purchase of Leaf Loader attachment for Unit #296 MT Trackless p68 MOTION: Move to authorize the purchase of one (1) Trackless Leaf Loader attachment for Unit #296 MT Trackless from Mac Queen Equipment in the amount of$24,855 plus sales tax per Minnesota State Contract, funding from Fund 431-43121-5180. 9) Approve designation of "no parking" on portion of 41st Avenue for 30' west and east of Maureen p65 Drive MOTION: Move to designate "no parking" on 41 st Avenue for 30 feet west and 30 feet east of Maureen Drive, based on the recommendation of the Traffic Commission. 10) Approve charge to Columbia Heights School District for use of Preschool room at Murzyn Hall p66 starting in 2007. MOTION: Move to approve the charge to Columbia Heights School District for use of Preschool room at Murzyn Hall starting in 2007. 11) Approve Minor Subdivision and variances located at 1853 - 39th Avenue p68 MOTION: Move to waive the reading of Resolution 2006-101, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2006-101, approving a minor subdivision at 1853 - 39th A venue NE, subject to the conditions stated in the Resolution. -2- City Council Agenda August 14,2006 Page 3 of6 MOTION: Move to waive the reading of Resolution 2006-102, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2006-102, approving a 13-foot front yard setback variance for Parcel B, a 2.8-foot side yard setback variance for Parcel B and a lA-foot rear yard setback variance for Parcel B for the property located at 1853 - 39th Avenue, subject to the conditions stated in the Resolution. 12) Approve Conditional Use Permit for an Assisted Living Facility at 4025 University Avenue. pa3 MOTION: Move to waive the reading of Resolution 2006-103, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2006-103, approving a Conditional Use Permit for an Assisted Living Facility located at 4025 University Avenue, subject to the conditions stated in the Resolution. 13) Approve the items listed for rental housing license applications for August 14,2006 P99 MOTION: Move to approve the items listed for rental housing license applications August 14, 2006. 14) Approve reissue of rental housing licenses a) MOTION: Move to issue a rental-housing license to Julie Marsh to operate the rental property P 102 located at 4524 Monroe Street NE in that the provisions of the residential maintenance code have been complied with. b) MOTION: Move to issue a rental-housing license to Gary Anderson to operate the rental P103 property located at 4630 Taylor Street NE in that the provisions of the residential maintenance code have been complied with. 15) Adopt Resolution 2006-100, being a Resolution apl'roving the 2007 Business License Fees P104 MOTION: Move to waive the reading of Resolution No. 2006-100, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-100, being a Resolution adopting the 2007 Business License Fee Schedule as presented. 16) Approve Business License Applications P109 MOTION: Move to approve the items as listed on the business license agenda for August 14,2006 as presented. 17) Adopt Resolution No. 2006-114, being a Resolution authorizing tall grass and weed abatement char~es P 111 MOTION: Move to waive the reading of Resolution No. there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-114, being a Resolution authorizing tall grass and weed abatement charges using the rate of $60 per hour plus tax, with a minimum of two (2) hour charged per abated property. 18) Approve Contract with ProSource Technologies, Inc. MOTION: Move to approve contract with ProSource Technologies, Inc. for $62,745 for a Phase 2 environmental site assessment t 39th and Central. Pl13 - 3 - City Council Agenda August 14,2006 Page 4 of 6 19) Ap?rove Payment of Bills P 120 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118022 through 118237 in the amount of$1,142,333.12. 6. PUBLIC HEARINGS A) Adopt Resolution No. 2006-105, being a Resolution for Rental Housing License Revocation at 1153-55 Cherry Lane P 1 29 MOTION: Move to waive the reading of Resolution No. 2006-105, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-105, 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) ofthe rental license held by Craig Wilson regarding rental property at 1153-55 Cheery Lane N.E. B) Adopt Resolution No. 2006-106, being a Resolution for Rental Housing License Revocation at 1336-38 43'i2 Avenue P132 MOTION: Move to waive the reading of Resolution No. 2006-106, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-106, 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 Ismael Orner regarding rental property at 1336-3843-1/2 Avenue N.E. C) Adopt Resolution No. 2006-107, being a Resolution for Rental Housing License Revocation at 3807 Pierce St. P135 MOTION: Move to waive the reading of Resolution No. 2006-107, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-107, 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 Christopher Decker regarding rental property at 3807 Pierce Street N.E. D) Adopt Resolution No. 2006-108, being a Resolution for Rental Housing License Revocation at 4002-04 Reservoir Blvd. P 138 MOTION: Move to waive the reading of Resolution No. 2006-108, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-108, 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 Mildred Bloomer regarding rental property at 4002-4004 Reservoir Blvd. N.E. E) Adopt Resolution No. 2006-109, being a Resolution for Rental Housing License Revocation at 4637 Pierce Street P 1 41 MOTION: Move to waive the reading of Resolution No. 2006-109, there being ample copies available to the public. -4- City Council Agenda August 14, 2006 Page 5 of6 MOTION: Move to adopt Resolution No. 2006-109, 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 Alnajjar Shacker regarding rental property at 4637 Pierce Street N.E. F) Adopt Resolution No. 2006-110, being a Resolution for nuisance and approving abatement at 4349 7th Street P 144 MOTION: Move to waive the reading of Resolution No. 2006-110, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-110, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4349 7th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G) Adopt Resolution No. 2006-11 L being a Resolution for nuisance and approving abatement at 4701 University Avenue P 1 47 MOTION: Move to waive the reading of Resolution No. 2006-111, there being ample copies . available to the public. MOTION: Move to adopt Resolution No. 2006-111, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4701 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H) Adopt Resolution No. 2006-12, being a Resolution for nuisance and approving abatement at 3904 Polk Street P 150 MOTION: Move to waive the reading of Resolution No. 2006-112, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-112, a resolution of the City Council of the City of Columbia Heights declaring the property at 3904 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I) Adopt Resolution No. 2006-113, being a Resolution for nuisance and approving abatement at 4752 4th Street P153 MOTION: Move to waive the reading of Resolution No. 2006-113, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-113, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4752 4th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business - 1) Approve ballot language for Charter Commission Referendum item for the 2006 General Election. P 1 56 MOTION: Move to approve the ballot language for the 2006 general election charter referendum to read: Shall the home rule charter of the City of Columbia Heights be amended to establish a four ward, two at-large council member system of representation by creating two additional council member positions, with the transition schedule of one council member elected from each ward in 2008 and two council members elected at-]!:Irop in 2010. - 5- City Council Agenda August 14, 2006 Page 6 of6 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 hislher name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT /41: /~/ Walter R. Fehst, CitY Manager' WF /pvm -6- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUL Y 24, 2006 5-' A - ( THESE MINUTES HAVE NOT BEEN APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 24,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ken Ribe, Grace Church on Silver Lake, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Fehst requested to add a presentation by the Economic Development Association of Minnesota, Rebecca Kurtz, President. Peterson placed it under presentations. Nawrocki asked for the list of candidate filings. Fehst indicated he would list them in his report. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Proclamations 1) 2006 National Night Out Mayor Peterson read the 2006 National Night Out Proclamation. Police Chief Tom Johnson stated there are already over 40 parties planned. Forms are available from the police department. The department will have police officers and possibly fire department personnel stop by each of the gatherings. Presentations 1) Dedication of Mural- Recreation Department Liz Bray, Youth Recreation Coordinator, described the program and thanked the City Council and the Boosters for their support in this project. Katherine Grantland, Youth Leader for the TNT program, stated this is the second year of the program and explained the process to develop and complete the mural. Three youth that helped with the project, Jake, Alicia, and Taylor described the mural. Marilyn Lindstrom, introduced herself as the person that led the process to a creative piece of public art. The purpose is to give the gift of art to the community. The focus for this piece was the "future" and "what do you want to see in your community for your children". She read from the brainstorming list created by the students. The students introduced themselves and showed the wooden blocks they created that will be placed around the mural. Lindstrom thanked all the volunteers and Liz Bray for her vision in this project. Peterson stated that adults could learn a lot from the words and work of the students. He also thanked the Boosters for their support. Peterson referred to the Moonshoe Players upcoming performance and dinner theater performance of "Touch tone 'M' for Murder" next week. He stated that it will be a wonderful evening of entertainment. The talent of the youth is amazing. Bray indicated that tickets are on sale at Murzyn Hall. -7- City Council Minutes July 24, 2006 Page 2 of 12 Introduction of New Employees - none Recognition 1) Recognition, Promotions and New Officer Oaths Police Chief Tom Johnson introduced Community Service Officer Jerry Wellman. He listed Wellman's background and welcomed him to the police department. Wellman thanked the City Council. Johnson stated this is a historic night for Columbia Heights, as two female officers would be sworn in. Johnson swore in Officer Danielle Hanley. Hanley introduced herself and stated her pleasure to be with this department. Johnson swore in Officer Dianna Buboes. Buboes thanked the City for the opportunity to work with this great diverse community. Mayor Peterson presented them with their badges. Johnson listed the background of both officers. Johnson stated that Corporal Dale Sorenson has gone from CSO to officer, and is now being promoted to Corporal. Johnson listed Sorenson's background. Peterson presented him with his Corporal's badge. Sorenson thanked everyone for this opportunity. Johnson called Sargent Ted Fisher forward and stated his background. Fisher is now being promoted to Sargent. Peterson presented him with this Sargent's badge. Fisher stated he has worked here for 14 years and complimented all the Columbia Heights Officers. 2) Community Emergency Response Team (CERT) - graduate recognition Johnson stated his pride in the CERT program. After one year the program has over 50 members. He invited anyone interested in participating to contact the Police Department. He described the program and then introduced the current class of graduates and gave them their certificates. 3) Economic Development Authority of Minnesota award presentation Rebecca Kurtz, Economic Development Authority of Minnesota (EDAM) President, stated her pride to represent the statewide organization of EDA and HRA officials and private sector officials. She described the program and the well-deserved Columbia Heights project being recognized. This project received two nominations, which shows the pride with this project. Kurtz described the extra steps taken to meet environmental standards, and referred to the storm water retention pond and the goal of connectivity to services in this area. Peterson accepted the plaque on behalf of the Community Development Department and stated his pride in our city. 4) Post Office/Police & Fire Department softball game fundraiser Kelzenberg invited Paul Eich, postal worker, to come forward to promote the fourth annual Police and Fire Department versus the Post Office softball game. Eich stated that all proceeds are donated to SACA. The game will be held on Wednesday, August 2nd at 6:00 p.m. Following this game, the all-stars will play the Tri-City Legion Women's Fast Pitch Softball team. Everyone is welcome. 5) 50th Sister City International Global conference, Washington D.C. Dolores Strand, Co-Chair of the Columbia Heights/Lomianki Poland Sister Cities Committee and State of MN Coordinator, reported on the 50th anniversary Global Conference that she attended. There are 25,000 US partnerships in 132 foreign countries. There are 200 - 8- City Council Minutes July 24, 2006 Page 3 of 12 communities on a waiting list to pair with a sister city. There were 1,000 delegates from 40 countries at the conference, including four Minnesota representatives. Strand described the Sister City International and listed the group's goals. She stated that she and Bernard Szymczak were given special recognition for their volunteer work. Strand stated that she met Kenneth Baring, head of the wheelchair foundation, and the granddaughter of Dwight D. Eisenhower. She indicated that four other communities are going to start a wheelchair project after hearing of our successful project. She showed the wheelchair foundation's newsletter, which has a picture and article of the Columbia Heights distribution of wheelchairs in Lomianki, Poland. The Columbia Heights Sister Cities Committee will hold a benefit in September for the Lomianki children's hospital, that will be sponsored by Jeff Bahe, Auto World. There will be a local Sister Cities conference in Ramsey this year. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for July 10, 2006 regular City Council meeting Motion to approve the minutes of the July 10, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe June 5,2006 Traffic Commission meeting. b) Motion to accept the minutes of the July 11, 2006 Library Board meeting. 3) Establish Work Session meeting date for Monday, August 7,2006, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, August 7, 2006 beginning at 7:00 p.m. in Conference Room 1. Fehst listed the proposed agenda items: Charter amendment wording for ward system and adding two councilmembers, used auto lot ordinance, backup generator for pumping station, change order #1 for Huset parkway, and discussion of possible municipal liquor store on 37th Avenue. 4) Authorize transfer of funds from the General Fund to reimburse Police Department overtime budget Motion to transfer $3,396.50 received from Columbia Heights School District #13 from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 5) Authorize transfer of funds from the General Fund to reimburse Police Department overtime budget Motion to transfer $2,701.21, the total amount of money received from the State of Minnesota for our efforts in Safe and Sober program, from the General Fund to the Police Department 2006 budget line #1020 overtime. 6) Adopt Resolution No. 2006-94, being a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. - Removed 7) Approve the items listed for rental housing license applications for July 24,2006 - Removed 8) Approve reissue of rental housing license for 4631-33 Pierce Street NE as it complies with City Code -9- City Council Minutes July 24, 2006 Page 4 of ] 2 Motion to issue a rental-housing license to Tomasina Proue to operate the rental property located at 4631-33 Pierce Street NE in that the provisions ofthe residential maintenance code have been complied with. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 24, 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 117796 through 118021 in the amount of$2,598,397.55. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of item #6. Nawrocki stated that while reviewing 4631-33 Pierce Street, he noted that the building next door on the north side has a lot of trash laying about and that the 1400 47th apartments had overflowing garbage containers .in the alley. He asked ifthey have enough capacity for their needs. Upon vote: All ayes. Motion carried. Williams asked that item #7 also be removed. Motion by Diehm, second by Kelzenberg, to amend the motion to include the exception of item #7. Upon vote of the amendment: All ayes. Motion carried. 6. Adopt Resolution No. 2006-94, being a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. Fehst stated that the EDA discussed possible development ofthe area by the old K-mart site and a request for funding relief of the sanitary sewer they placed, the retaining wall, and financing for a 230 stall parking ramp to accommodate retail and a nice restaurant. We would first apply for grant funding of$974,369. We would not pay for the $2.9 million that he would need. Ifthe grant request is successful, the EDA would include additional TIF money of $400,000. The EDA recommended going forward with the grant process. Nawrocki stated that the project, as previously approved by council, would take away five or six years of taxing reviews for the City. This increase would possibly change that to six, seven or up to 15 years, where tax revenue would not be available to fund local services. Fehst stated that this block needs to be a statement for redevelopment in that area. Nawrocki also referred to the Huset park project that may take 20 years to help fund city services. Fehst stated that the School District would still receive tax dollars. Fehst stated the need to improve this area, as it is adjacent to the Heritage Heights neighborhood. Deb Johnson, 4626 Pierce Street, referred to bad press regarding eminent domain and bad properties and asked why this is not considered blight for eminent domain. Fehst stated we have the most frustrated staff that worked to indicate the impact imminent domain laws would have on communities like ours. D. Johnson stated that we should not make it profitable to be a slum lord, but should fine them for clean up and police calls. She referred to her grand- daughter's wading pool being stolen tonight. Diehm stated that the article paints a bleak -10- City Council Minutes July 24, 2006 Page 5 of 12 picture, but we will not give up. The legislation is new and will be further looked at. We do not believe this was the Legislature's intent. We will look to see if we qualify, and if we don't qualify, it will be a good case for next year to indicate that the definitions need to be changed. We will still continue to work on this. Peterson stated that we have ordinances against tires and trash, and asked that residents call 911 on these problems. We want to get tough on the problems. D. Johnson stated that it is not only rental properties but also some home owners. Nawrocki referred to properties up for abatement, and stated it is obvious that we don't check the adjacent properties and issue citations to get these cleaned. He suggested that the City Manager visit the abatement areas prior to the meeting and pass them on the proper people to issue citations. The problem is that we are not enforcing the laws we have. Motion by Williams, second by Diehm, to waive the reading of Resolution 2006-94 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2006-94, a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. Diehm added it is important when being fiscally responsible to keep looking for funding sources and grants and to move forward with the grant application. Nawrocki referred to the comment on eminent domain and the criteria for blight. He described the topic and impact across the country. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-94 RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and [mancial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on 17 July, 2006; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is - 11- City Council Minutes July 24, 2006 Page 6 of]2 appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought, but was not able to fmd or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts, being that the City's EDA and HRA levies are fully pledged to existing redevelopment and housing activities and that the Community Development Block Grant dollars are not available to fund parking ramps. 4. Authorizes its City Manager to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. 7. Approve the items listed for rental housing license applications for Julv 24, 2006 Motion by Diehm, second by Kelzenberg to approve the items listed for rental housing license applications for July 24, 2006. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-95, to approve revocation of rental license at 4154-56 2nd Street Assistant Fire Chief John Larkin explained the revocation was for failure to allow entrance, and violations found upon access. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-95, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-95, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Christopher Decker regarding rental property at 4154-56 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-95 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 Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4154-4156 2nd Street N.E., 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 21, 2006 of an public hearing to be held on July 24, 2006. -12- City Council Minutes July 24, 2006 Page 7 of 12 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 16, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted six 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 21, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on July 18,2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Inspectors were unable to get into the 4154 Side. Shall make the 4154 side available for inspection as soon as possible. 11. Shall install a proper electrical panel cover on the basement electrical panel. 111. Shall repair the drain next to the laundry tub that is plugged. Shall remove the standing water next to the laundry tub. IV. Shall repair the tub drain in the bathroom, that drain leaks water into the basement. v. Shall repair the side storm door that is damaged. 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 II15A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7667 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. B) Adopt Resolution No. 2006-96, to approve abatement at 4900 5th Street NE Larkin listed the inspection dates and stated that violations were not completed. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Hoeft stated the date correction to the finding of fact from July 17 to July 14 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-96, a resolution of the City Council of the City of Columbia Heights declaring the property at 4900 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. corrected as noted. Upon vote: All ayes. Motion carried. RESOLUTION 2006-96 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 E. Woods (Hereinafter "Owner of Recordfl). Whereas, the owner of record is the legal owner of the real property located at 4900 5th Street NE. Columbia Heights, Minnesota, -13- City Council Minutes July 24,2006 Page 8 of 12 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 14,2006. 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 9, 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 June 14,2006, inspectors reinspected the property listed above. Inspectors noted that 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 July 14,2006, 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 sod/seed bare areas in backyard. S. 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 4900 Sth 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 1. The property located at 4900 Sth Street NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 C) Adopt Resolution No. 2006-97. to approve abatement at 4531 Madison Street NE Larkin listed the dates of inspections, and stated there were no corrections of the violations. Nawrocki stated that the stump is not very far above ground in the front yard. Larkin stated there is also a large stump in the back yard, and that the ordinance requires them ground six inches below ground surface. Larkin stated that he would visit the property again, but requested follow through with the abatement. Hoeft amended the findings of fact 4A to include "shall remove stumps from the yard". Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-97, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-97, a resolution of the City Council of the City of Columbia Heights declaring the property at 4531 Madison Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 as corrected. Upon vote: All ayes. Motion carried. RESOLUTION 2006-97 -14- City Council Minutes July 24, 2006 Page 9 of 12 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 E. Sather (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4531 Madison 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 29, 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 22, 2006, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 29, 2006, inspectors reinspected the property listed above. Inspectors noted that 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 July 14,2006, inspectors reinspected the property and found that two 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 remove stumps from the yard. E. Shall remove pile of sticks and logs from yard. S. 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 4531 Madison 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 1. The property located at 4531 Madison 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. D) Adopt Resolution No. 2006-98, to approve abatement at 4231 6th Street NE Larkin listed the dates of inspections and stated that the violations have not been corrected. Nawrocki stated that the garage door has a piece broken out, exposing the expired license plate on the car inside. Hoeft stated that current licensing is not required in a building. Nawrocki stated there are also two tires next to the garbage can and debris next to the garbage can. Larkin stated that those items may not have been present on the day of inspection, but some one will check on this. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-98, a resolution of the - 15- City Council Minutes July 24, 2006 Page JO of 12 City Council of the City of Columbia Heights declaring the property at 4231 6th 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 2006-98 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 Sharon K. Bates (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4231 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 29, 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 l. That on May 18,2006, 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 29, 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 to the owner listed in the property records. 3. That on July 14,2006, 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 repair or replace the broken garage door. 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 4231 6th 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 4231 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 ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager . Fehst stated that mayor and city council filings closed on July 18, 2006. Candidates for mayor are Gary L. Peterson, Joseph S. Sturdevant, and Ian Payton. Candidates for council are Tami Diehm, Bruce Kelzenberg, Ted Landwehr, Kevin Bumgardner, and Bob OddenThanked the Councilmembers for their performance review of him held on Monday night. Thanked the Mayor for the structure of the review and for kudos and criticisms received. Nawrocki stated that it was intended to be constructive criticism and the review was not completed, as the third page was not -16- City Council Minutes July 24, 2006 Page II of 12 covered. . Wednesday at Murzyn Hall there will be a public hearing will be held to seek information on different alternatives for an activity center or a facility to include gyms. Encouraged people to attend and give their input. Referred to the newsletter sent to everyone in town describing the process and the public hearing. He referred to comments by the School Board on possible construction of additional facilities adjacent to their buildings. . Working on the budget with a possible presentation to Council in August. It is now based on loosing $300,000 in local government aid. Nawrocki indicated that we already have an activity center in Murzyn Hall. He described some of the current activities. This discussion is for additional space. He referred to two calls in opposition to the plan and indicated they should attend the meeting. People will have the opportunity to attend and say no if they choose. This started with possible gyms and has expanded to possibly include a new library and city hall. Nawrocki questioned what the proposed tax decrease would be for next year. Fehst stated there would be a recommendation for the cost ofliving increase. Nawrocki indicated that programs might have to be reduced. The Library Board has had a proposal on the budget; why hasn't the City Council. Fehst stated that there would be several proposals allowing council to make the cuts they choose. Nawrocki stated the need to do a better job telling people what the tax impact could be on their homes. Nawrocki requested information on all the individual funds we have, such as the 881 recreation contribution fund, with the name, fund numbers, and fund descriptions. The monthly report should show the beginning balance for each fund. He requested a list of open consultant contracts, the original authorized amount, and a list of who they are. Williams indicated the importance of the public hearing on Wednesday night. The Council has not made any decisions and wants the community's input. Peterson stated this is the first of three open house/public hearings. Report of the City Attorney - nothing to report. CITIZENS FORUM - none COUNCIL CORNER Kelzenberg . Hope everyone attends "National Night Out" to meet with their neighbors. The more you know them, the better the community would be. . Encouraged attendance at the police, fire and post office softball game and the fast pitch game. Williams . Referred to the fast pitch game he was part of here, years ago. . All Councilmembers attend National Night Out gatherings with our police officers. . Pray for the peace and health of our city and our citizens. Pray for rain. Peterson . Encouraged everyone to get active in National Night out - know your neighbors and your police officers. . Touchtone "M" for Murder is a mystery. These kids are great. Those attending will be guaranteed a wonderful evening. . The new mural will be located at the lower entrance to city hall. Visit it - it has a great message. -17- City Council Minutes July 24, 2006 Page 12 of 12 . Regarding the budget: if Councilmembers have money saving ideas, please pass them along to staff. . Don't take ourselves too seriously and do a random act of kindness. Diehm . Asked staff to contribute their budget saving ideas. . Recreation fall programs will start in August. . Stated the importance of National Night Out. We often get busy and don't visit with our neighbors. Talk to those in your neighborhood to create a community. Nawrocki . What was learned on the 805 50th Avenue power outages? Fehst referred to the comment in the green sheet, stating that the power company has not gotten back to us. . Junk vehicles at 3841 3rd Street, including an old tow truck, junk in the back, unlicensed vehicles, etc. An area on the north side of this has junk vehicles. At 3757 3rd Street there is a truck with '04 Wisconsin plates. ADJOURNMENT Mayor Peterson closed the meeting at 9:05 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -18- S-^~2-~ HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF APRIL 25, 2006 Call to Order - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:01 p.m., April 25, 2006, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance CONSENT AGENDA Approve the Minutes of January 2006 Regular Meetings and Financial Report for the months of January, February and March 2006, Resolution 2006-03. Lindig stated the negative amounts are the areas they are behind under budgeted for, they projected gas and electric for this year, which was under estimated. Nawrocki stated at the time of the budget was approved he said we wouldn't be budgeting enough. Lindig stated on page 76 Parkview Villa South was running less than what was budgeting for the building for gas. Bush stated the old boiler system had a large loss of fuel, after talking to the heating company, they did throttle back the flow through the pipe, LBP mechanical took a look at the system, to the best of their knowledge it was running properly, he would like to see before next winter, another company come in to check all of our units. Motion by Williams, second by Kelzenberg, to approve the consent agenda Items #4 and #5 as listed. All ayes. Motion Carried. BUSINESS ITEMS Report of Management Company O'Donnell stated the reports for the months of January, February and March are before the board for review and asked if there were any questions. Ecklund stated he wanted to discuss a problem with the waiting for his friend. Diehm asked if he wouldn't mind this item being addressed under the ACOP, item #9 on the agenda. Ecklund stated it was okay. Resident Council Minutes Jindra stated she was only able to attend the February meeting and asked if anyone had any questions. She missed the meeting due to the snowstorm in January and did not make it there this month. -19- Housing & Redevelopment Authority Minutes April 25, 2006 Page 2 of5 Citizen Forum Elvina Stieren, Parkview Villa South, unit 421, stated a year ago she brought up the Star Bar, and then a few weeks ago she gave him a petition, what is happening. Nawrocki stated he brought up with the police dept, city council, and police chief. Stieren stated the noise is still there, what more can we do. Nawrocki stated the star bar was originally put in as a restaurant and now is a bar with live bands. Diehm stated when the City Council looked into this the police dept said they had no police calls for that weekend, so she encouraged residents to call the police. Diehm stated she could ask the Police to come to a resident council meeting to discuss the issue. Mary Christenson, Unit 223, stated most cities have a noise ordinance in place for no noise after 1 Opm., what does Columbia Heights have and there is air coming in through the windows, can anything be done. Fehst stated we do have one in place, but still need residents to make the call into the police department Bush stated with the windows it is because of they are metal clan type. Don Camp, unit 608 stated they have the same problem in the north building. Diehm stated we could look into building this in our next Capital Improvement Plan budget for next year. Streetar stated he would get a copy of the city noise ordinance to the board members and for resident council. Suggested the management company call the Police to get the list of how many calls were made, obtain a copy of the noise ordinance and also have Police department come to a resident council meeting. Dorothy Shaffer, Unit 425, didn't think threatening them works, as the police have tried calling them and they just said right. Schaffer stated they used to have the music on the other side, maybe that would help. Fehst stated previously the music was on the west end of the building, but when they remodel with the new owner, it got moved, also the back doors should not be open at anytime and believed they are looking for a new owner. Resolution 2006-04, Parkview Villa North ACOP Bob Alsop, Kennedy and Graven stated the ACOP needs to be updated because: 1) to insure compliance to meet Federal Regulations; 2) to eliminate ambiguities and inconsistencies and 3) to incorporate provisions necessary to assist in the operation of the public housing facility and enforcement of the lease provisions. The primary changes made to the Admission and Continued Occupancy Policy are: 1) re-formatted and changed provisions to improve clarity and consistency; 2) added provisions recommended by the Public Housing Occupancy Guidebook; 3) added affirmative marketing provisions; 4) clarified eligibility requirements for admission; 5) incorporated transfer policy; 6) clarified local residency preference; 7) deleted provisions that are either outdated or are no longer applicable; 8) added provisions relating to a tenant's continued occupancy, such as leasing policies, re-examinations, interim rent adjustments and lease termination procedures; 9) replaced income limits in Exhibit A with a general description; 10) added revised pet policy; and 11) added grievance procedure. Staff recommends, the HRA or the management company review this -20- Housing & Redevelopment Authority Minutes April 25, 2006 Page 3 of5 document on an annual basis. Ecklund stated he met with Welke about his friend, as he was on the waiting list to get into the north building since 1997 and is still waiting. In talking to Welke he found out that the gentlemen was not on the list anymore, he worked as a doorman at the VFW, the ACOP doesn't say specifically that residents of Columbia Heights are first on the waiting list, then employees, and then non-residents. Alsop stated the preference that he put into the ACOP document was what was approved in your 5-year PHA plan. Alsop stated his concern was that you would have to classify how many hours a week they worked in the City, which would cause problems with individuals not working full time, thus discrimination. Diehm asked if she gets a job at the work force center, would she be eligible for the building. Alsop stated that was correct. Nawrocki stated when the City originally built Parkview, there were a lot of seniors still in there homes, needing alternative housing, with lower incomes and that the City Council felt with the senior building it would also allow more homes become available for younger families to move into the City. Fehst stated even with the gaming commission, someone like the local church, has to be in business for 10 years, realizes there are a lot of people that have worked for many years in the City and would like to now move into the building, but, felt the local preference should be first. Diehm asked for board members opinion. Kelzenberg, Nawrocki and Jindra stated they preferred residents first on the waiting list. Bush stated he was in the office when Welke met with Ecklund about this situation. She is working with documents from a predecessor, where if the person isn't ready to move in when they are called, or we can't get a hold of the person, she goes to the next person on the list. Diehm stated if we change the ACOP to specify residents as first preference, we would have to change the 5-year PHA Plan to be consistent. Alsop stated that was correct. Motion by Nawrocki, second by Jindra, to Adopt Resolution 2006-04, a Resolution approving the Parkview Villa North Admissions and Continued Occupancy Policy with the amendment to clarify the waiting list to read residents are the top priority and that the effort be made to adjust the 5-year plan, and if the plan cannot be changed, that staff will bring this back before the board. All ayes. Motion Carried. Approve Phase 3, Parkview Villa North Apartment Modernization Lindig stated the 2004 and 2005 Capital Fund budgets included funds for remodeling of Parkview Villa North apartments on a f1oor-by-floor basis, including new doors, cabinets, appliances, plumbing, lighting, and repair of tiles and walls. The estimated -21- Housing & Redevelopment Authority Minutes April 25, 2006 Page 4 of5 cost per unit is $8,000. Again, we could take advantage of Walker's buying power to get the costs down. Phase 3, or the ih floor of the north building is what staff is asking authorization by the HRA board to direct staff to obtain bids and proceed with the modernization. Kelzenberg asked how much we would be saving by them bidding. Lindig stated it is about $2,000 for the appliances. Nawrocki asked what they would be doing exactly. Bush stated they replaced the kitchen cabinets, sink, floor tiles, bathroom tiles, toilet, wall repairs, lighting in both areas, appliances, plumbing and new doors for the ih floor. Nawrocki asked if we are duplicating the same process for the ih floor as the 8th and 9th, why aren't we getting a discount. Lindi~ stated this item is for the approval to obtain bids from contractors and authorizing the 7 floor modernization. Then the next item on the agenda is for the architect's agreement approval, which states he is honoring the same pricing as for the other two floors. Jindra stated we could caulk around the windows to help with the drafts, while they are in the apartments. Bush stated they are going to have someone come to determine if we need new windows or do we just need to caulk before next winter. Streetar stated there is $426,000 in the fund reserve, that he did ask O'Donnell to check to if there is enough money left or if there are any grants we could apply for to get the windows done the right way, the first time. Motion by Williams, second by Kelzenberg, to Approve Phase 3 of the Parkview Villa North Apartment Modernization Project and authorize staff to obtain bids for the project. All ayes. Motion Carried. Architectural Services Agreement for Phase 3 Apartment Modernization Project Diehm stated this agreement was already talked about briefly in the last agenda item and asked if there were any questions. There were none. Motion by Williams, second by Kelzenberg, to Approve an Architectural Services Agreement with BWBR Architects in an amount not to exceed $7,000 for the Parkview Villa North Modernization Project, Phase 3; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Other Business Nawrocki told Lindig he appreciated the significant improvement in the financial report. Lindig said thank you but, he could not take all the credit, it was Cher that organized and compiled the booklet the new way. Commissioners thanked her. Adiournment Chair, Diehm adjourned the meeting at 8: 16 p.m. -22- Housing & Redevelopment Authority Minutes April 25, 2006 Page 50f5 Respectfull~ su!w1i~ed, cy~---/ ffi~J____ Cheryl-1fakken Recording Secretary H:\HRAMinules 2006\4-25-2006 -23- 5 -A-2- b ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES May 23, 2006 CALL TO ORDER/ROLL CALL President, Murzyn, Jr. called the meeting to order at 7:07 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of March 26, 2006 regular meeting and the Financial Report and Payment of Bills for the months of March and April, on Resolution 2006-03. Nawrocki asked if there are two separate checking accounts, as in March staff only spent $1 ,600 dollars, which is hard to believe. Streetar stated payroll and any other deductions that finance would deduct automatically, without writing a check processed from our department aren't shown on the check history. Nawrocki stated in the April budget there is a check written to TR Computers, what is that for. Streetar stated the City bought a program called Cityview that should have worked for permits also, but later found out it did not. Staff researched other similar products and purchased the Permit Works Program and the amount listed is for the software, installation and training. MOTION by Diehm, second by Peterson, to approve the consent agenda Items #3 and #4 as listed. All ayes. Motion Carried. BUSINESS ITEMS Resolution 2006-04. Sarna Contract for Private Redevelopment Schumacher stated the EDA board authorized staff to work with Sarna Inc. in developing a contract for private development for construction of a restaurant on the corner of 40th and university. Due to some complexities with the property like: MNDOT, frontage road turn back, site easements, title issues, road vacations, access agreements, utility relocations, off site improvements for M.E. Global and associated costs sharing, and soil correction and contamination. This contract was delayed until now. To date the approved actions on this project are: 1) preliminary plat; 2) 1 st reading for the vacation of lookout place by City Council; and 3) variance application. The next step would be for the final plat approval by Planning & Zoning and City Council and the 2nd reading of the vacation of lookout place. EDA board established a purchase price of $75,000, the developer requested a credit for environmental and geotechnical soil corrections in the amount of $120,350. The City obtained a CDBG grant for soil correction in the amount of $64,000 to offset a portion of these costs. The $56,000 balance would be deducted from the $75,000 sale price, leaving a development agreement final price of $18,650. This write down is consistent with the assistance given to the redevelopment of the Industrial Park. Nawrocki stated the price of $18,650 is ludicrous, we paid a consultant to do a financial review, who talked about $7.00/ square foot on the low range and asked who is Sarna Inc. and have we looked at their finances. Schumacher stated Mr. Sarna is one of the officers. Mr. Norton, Kennedy & Graven, stated the company is registered with the State, they are a viable corporation, Kennedy & Graven does not look into their finances and stated he did know the officers are listed with the Secretary of State. -24- Economic Development Authority Meeting Minutes May 23,2006 Page 2 of8 Nawrocki stated on page 8, (v) the redeveloper paying fee in lieu of providing on-site storm water ponding, how is the storm water ponding, going to be handled on this site and will the $37.400 cover all of the costs. Schumacher stated they will be handled with an 18" storm sewer pipe, and that he got the $37.400 figure from the City Engineers and that Kevin Hansen would deal with it if it wasn't enough. Nawrocki stated page 8, Section 3.4 Title, has all of the title issues been resolved. Norton stated they have been. Nawrocki asked on page 13.9 Administrative Costs, what are they. Schumacher stated they are primarily legal costs for Kennedy & Graven, not staff time. Nawrocki asked if that is the case, why are we charging the residents of Parkview Villa approximately $35,000 per year for staff time. Streetar stated that was a good question. Staff could always charge their time on a project, when in fact what that does is extends the Tax Increment District. To use Parkview Villa as a comparison is okay but there is a few hundred thousand dollars in debt service every year that they don't pay. In the City we charge based on what the project costs, we don't charge for this because it is in a TIF district, the decision is when we would get paid back. Nawrocki asked about the cost of the attorney. Schumacher stated his fees are a part of this agreement. Murzyn Jr. asked if the administrative fees aren't a part of the Parkview Villa budget, so that it is voted on yearly. Streetar stated yes it is. Nawrocki asked where is a picture of the property. Streetar stated there isn't a copy in the packet as that would come later with the final plat before the Planning Commission and City Council. They have already approved the preliminary plat. Nawrocki stated we have already approved the parking, and wondered what the width of the spaces would be. Streetar stated they are 9 feet. Murzyn Jr. asked, if that wasn't already agreed upon by Gondek and Sarna's. Schumacher stated it was. Nawrocki asked what the size of the alley would be. Schumacher stated he did not see it listed in the agreement, but Kevin Hansen put it in the development agreement that it is the responsibility of the developer to meet the City standards for sidewalks, alley construction, curb and gutter, that is why we have a $94,000 escrow to make sure it is done correctly. Fehst stated it is generally 12 feet. Schumacher stated Hansen has to base the figures on the size of snowplows, maintenance trucks, etc. Resident, Joyce Shellito stated she asked to be notified about meetings, this one she wasn't notified, she received a letter a while ago about a Planning & Zoning meeting and found out that day the meeting was cancelled by calling the City, she wanted to know who pays for this. Murzyn Jr. stated the City does, he did not know what this instance was, but things are dropped from meeting agendas periodically. Resident, Michael Gondek stated there are approximately 20 to 25 trees on the site that he would hope would get some of them replaced, not the same ones, but some new ones. Murzyn Jr. asked if this agreement shows trees. Schumacher stated on the final plat that goes to the Planning & Zoning commission it will show the landscaping. Diehm stated that repeatedly they have heard from Nawrocki that our own consultant valued this property at $7.00/square foot. It was her understanding there was one statement in the report we got, which said that restaurant property in the Twin Cities goes for an amount equal to $7.00/square foot, and wanted to be clear that wasn't making any representation about the value -25- Economic Development Authority Meeting Minutes May 23,2006 Page 3 of8 of this property and that she felt some of that value was impacted by some of the contamination found on the property. It was important to her to make sure that was clear. Nawrocki stated he disagreed because we hired a consultant to give us an estimate of the property, and that is what they said. Nawrocki asked where M.E. Global is on this and what happens to the highway property adjacent to their property. Schumacher stated M.E. Global is just to the south, the highway property will be removed all the way from 40th down to 3ih, in front of the Schafer Richardson project and M.E. Global would receive a new driveway. Staff has a pretty good relationship with their staff and they are in the process of executing a deed that will come before City Council. Peterson stated most of the questions that have come up tonight, have been addressed with the satisfaction of the Sarna's and Mr. Gondek, we have the alley required, we have the landscape, utilities and other issues resolved, we need to stop wasting everyone's time and make a decision. Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2006-04, a Resolution Approving a Contract for Private Redevelopment, including the sale of land, between the Columbia Heights Economic Development Authority and Sarna's Inc; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Nawrocki stated he doesn't have the same relationship that the mayor has with the Sarna's. Shellito stated she doesn't have that relationship with them either, she was told they would be getting the trees and fencing along the property, and it doesn't look like that on here. Peterson stated we require an 80% opaque fence, which Mr. Gondek doesn't want, so that is something that will be addressed at the Planning Commission meeting. His relationship with the Sarna's is that he has met with them many times, and did go to school with the Soltz brothers, who represent the Sarna's. Nawrocki stated he begged to differ, you want to ask a question at a public meeting, Shellito was right, there were discussions in the past regarding fencing, screening and so forth, and now they are trying to change them. Streetar stated that we probably won't be able to solve all of Mrs. Shellito's problems tonight, but the planning commission meeting is a great place to be to solve the issues on trees, fencing, which is a public hearing and then you'll have another opportunity to speak on these issues at the City Council meeting. Nawrocki stated then we would hear the old story, that it was all resolved at a previous meeting held someplace else. Streetar stated our ordinances are very clear as to what landscaping developers can do. Upon Vote: Jindra-aye, Nawrocki-nay, Williams- aye, Diehm-aye, Kelzenberg-aye, Peterson- aye, Murzyn-aye. Motion Carried. Fehst said you can do these deals many ways, like we could have charged you $300,000 and you would not have done the project, this was a result of constant negotiating, the property is very difficult for a one patron piece of land and wanted to thank staff and the Sarna's for all their time spent on this. Nawrocki stated as long as he brought up the subject of values, what did Taco bell pay for the car wash property. Fehst stated $500,000, so what we aren't putting anything into the property, the property were talking about tonight has a lot of problems. -26- Economic Development Authority Meeting Minutes May 23,2006 Page 4 of8 Preliminary Development Aqreement with Sherman and Associates Streetar stated the EDA directed staff to work with have Sherman and Associates Inc. to prepare a Preliminary Development Agreement for the 39th and Central project area. This area was cited for redevelopment in 2002. Since then, we have completed the following: 1) acquired and demolished the Burger King; 2) completed inspections of all three properties, which shows they are blighted, and would qualify for TIF funding; 3) completed a phase I environmental site assessment, indicating a high probability of contaminated soils; 4) completed phase" environmental site assessment, which the report is expected to be complete in August; 5) completed real estate and fixture appraisals; 6) toured six other infill redevelopment sites in other metro area cities; and 7) prepared four redevelopment concepts with assistance of DSU. Sherman must conform to the goals of the Design Guidelines, the Comprehensive Plan, and the feedback from community meetings, as well as the planning concepts and EDA feedback. Streetar stated he also talked to Becky Loader at the library, who said they would like you to consider putting the City Library on the main level, which he felt would add to the amenities of the City and of Central Avenue. If this is something the board is interested in, please let staff know tonight. Loren Bruggemann, Vice President of Sherman and Associates, stated they have been around since 1991, do about 1,000 units of housing per year, half for rent and half for sale, currently working in Des Moines, Duluth, St. Paul, Milwaukee, this project was exposed through DSU and the EDA. His feedback is that site has potential for senior housing, with some commercial, some retail that might be separate, some value in having a City entity in the building, and that they are willing to look into any ideas the board may have. Fehst said Bruggemann mentioned the retail part might be separate, and in talking to the City Manager of Little Canada they had built a unit with retail below, that does not work, what makes it work. Bruggemann stated it depends on your site, in Robbinsdale, that wasn't a good site, in Falcon Heights it is an excellent site, you have to think of the retail as an amenity to the residents. In both cases you are talking about the rental fees, it is an underwriting qualification. Nawrocki stated they did the Bottineau Project on University and 18th, which he didn't feel would be very desirable in our community, as they are mostly rental. They also did a project in Falcon Heights, which was very nice. He strongly felt we should go out for bids and had talked to Streetar about it, who told him to call Murzyn Jr. and didn't hear anything more. He called Streetar a week or so ago and asked if we were going out for bids and he said no. Murzyn Jr. stated the board said we are going to do this and just because you called me, does mean he can just go ahead and change the board's decision to entertain a proposal about doing the development. Nawrocki stated he didn't realize the board had made a decision to go ahead with this outfit and that means we can't talk to anyone else. Murzyn Jr. stated, no, it does not. Nawrocki stated he did some checking on the company and Sherman doesn't put very much of their money into a project, but uses others. Bruggemann stated that was a very unfair statement. Fehst stated there are two things he agreed with: 1) Sherman isn't going to be involved unless they are going to make a profit; and 2) we aren't going to get into an agreement that we aren't interested in. Streetar stated if you look in the agreement, the council isn't tied to this concept, the comprehensive plan goals and the feedback we had from the residents meetings, it provides a broad goal. Mr. Nawrocki as your always saying, the market will decide, there may be more than a few opportunities. What Sherman is saying is this is the broad picture. You have a choice of what goes there. -27- Economic Development Authority Meeting Minutes May 23, 2006 Page 5 of8 Diehm asked if we are spending any money to get into this agreement? Streetar said no. Diehm asked are they covering our costs incurred from the investigation of the property? Streetar said yes. Diehm asked are we obligated to agree to anything that they bring back to us? Streetar said No. Bruggemann stated they use a lot of market tax credit, their most significant project where they used this is the Sears project, one that if you talked to the mayor and City Council of Minneapolis they would say in the beginning the project was a no go. Streetar stated a broker from United Properties contacted him about three weeks ago about an Old Chicago Restaurant possibly locating on Central Avenue, which he directed him to Sherman and Associates. Bruggemann stated he did talk to them, and that certainly is a possibility for the site. Streetar stated we are talking about three parcels, Burger King, Mady's and White Rental, if you want to include more of the housing area, let us know tonight. Murzyn Jr. stated personally, he would like to see housing off of Central Avenue. Kelzenberg agreed. Motion by Diehm, second by Peterson, to execute the Preliminary Development Agreement between the EDA and Sherman and Associates, Inc.; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Kelzenberg told the board he is on the library board and at their recent meeting, they decided they would like to be somewhere else, they would prefer to be somewhere else in the City. Peterson stated when we first saw the development concepts we thought they were very interesting, residents have called him saying you brag about Columbia Heights, where is the shopping, he felt this was a good mix. Sitting in this meeting we look very anti-business, but we really aren't, we want to go into an agreement with a good relationship, we want increased tax dollars in the City, and we want to work together as partners to accomplish both of our goals. Mr. Lentness, owner of the Heights Theater stated any kind of restaurant that isn't fast food would be great for his clients. It is a strong incentive with the new housing and shopping to draw people into the City, there is something exciting and inviting in the City. Upon Vote: Nawrocki-nay, Jindra-aye, Williams-aye, Kelzenberg-aye, Peterson-aye, Diehm-aye, Murzyn-aye. Motion Carried. Industrial Park Redevelopment Update Schumacher stated Stacie Kvilvang and Mark Ruff from Ehlers, Jim Crowl, from ProSource are here to answer questions. Phase is doing quite well, six models are available, 50% of the lighting is up along the parkway, focusing on finishing the round about by June 5, in time for the jamboree, landscape architect has a couple of ideas for the city council to look at, all curbing is in from Jefferson to 5th, all storm sewers are in, grading has been done, planting will be done around the base of the holding pond, packing trails. Phase II, where the foundry was, the City has completed with the contamination, some storm sewer replacement is done, Schafer Richardson and Ryland are removing the Linseed Oil on the southeast corner, which isn't considered a contaminant by the MPCA, but they are going to remove it by there own choice. -28- Economic Development Authority Meeting Minutes May 23, 2006 Page 6 of8 Phase III is coming along and you should see some construction in the next week or so. They will be starting the bidding process to clean up the Grief Site contamination. Williams asked if Ryland has said where the people are coming from that are buying the units. Schumacher stated about a third are from the community, with the average sale price of $247,000, which is a little higher than the $230,000 we had anticipated. Stacie Kvilvang, Ehlers & Associates stated since the EDA and City signed the Development Agreement with Schafer Richardson back in 2004, they wanted to give the board an update on the TIF status. The budgets are based on estimates and tell you how the project will perform, we don't know what the actual costs will be until you get into the project. So far, the project has over projected. There are three costs: 1) property acquisition increased by $852,000. Grief property came in below estimate and Schafer Richardson property came in at $510,000; 2) Remediation not funded by grants which is currently at $1.4 million. She commended staff in getting so much funding from other sources, as usually cities don't work this hard; and 3) relocation not funded by grants- this is over budget by $1,065,000. There are several factors that go into that: a) until you actually get into the property to see what they have; b) understand what is considered fixtures; and c) look at the relocation areas that would work for them. Keep in mind these businesses are not getting rich from this, if they don't use the money, they don't get it. Nawrocki asked why Schafer Richardson's property remediation was higher when they are the developer and who makes up the difference. Ruff stated that in the beginning we set up a process where we would undertake an appraisal and if they didn't like that number they would get one themselves, we would discuss the appraisals, come up with a more reasonable price and the difference would come out of TIF. Their relocation process was lower as they kept their property rented until they actually needed to relocate. Kvilvang stated there are several factors which will determine the need for additional TIF and/or a longer term of TIF: 1) final costs are higher/lower than current projected estimates; 2) the reduction in overall tax rate will generate less TIF over time; 3) unsuccessful procurement of grants by the City to offset the increased costs associated with remediation; 4) unit sale prices that are higher than anticipated can potentially reduce the term of existing or additional TIF required; and 5) interest rates on final debt may be higher or lower than estimates. Nawrocki asked if Schafer Richardson is getting tax funds now. Ruff stated no. Nawrocki asked why are we looking at it now if they aren't getting any money. Ruff stated there are a couple of reasons: 1) It is much easier to remember if the numbers are fresh in your mind and 2) there was another TIF project that we didn't do this on and the numbers came up as a surprise, so we want to avoid that happening again. Stacie has four books full of invoices on her desk of expenses that she reviews and determines which are eligible. Nawrocki stated there should be a running total on what the costs are. Ruff stated we have been verifying costs, environmental costs have not been made, so he cannot tell you about that yet, but if you wanted to know what the City has been billed by Ehlers or anyone else, he has a spreadsheet that he could show him, and that all out of pocket expenses have been billed to the developer. . Nawrocki said Streetar has showed him some costs on paper, maybe dumby me, but I still don't know what the running total is for the tax increment cost. He would think everybody would be interested in how we are doing on this project. It blows his mind that nobody seems worried about it. Ruff stated he would be more than willing to come in and explain it to the board. -29- Economic Development Authority Meeting Minutes May 23,2006 Page 7 of 8 Stacie stated she only brought the larger costs. Streetar stated in the development agreement there is a schedule H, what they are saying today is this is the difference between that $7.9 million and what we know today. Nawrocki stated he still isn't satisfied that we've got a handle on where we are running on this project, it blows his mind, and would bet in a private enterprise people would be watching the books a hell of a lot closer. Streetar stated he had to disagree and doesn't think there is evidence to support that, you've got City staff, the developer, Ehlers staff, Met Council and the auditor checking these numbers, and they don't have a problem, they understand them. Nawrocki said, okay so I'm a dumby, if you are so God Damn smart, you ought to be able to show me. Murzyn Jr. stated we understand that you may need some kind of explanation to help you understand it, that is wonderful, but lets not do it on the board's time. Nawrocki stated he is saying this is a public meeting and that kind of information should be public, that's part of it. Murzyn Jr. stated maybe we should bring in those damn books and go over the expenses page by page so we can see what they are, because you don't think the people that are required to do that are doing a good job. Nawrocki stated well your entitled to your thoughts, I'm entitled to mine, and I need to feel comfortable when I talk to the good citizens of the community that I am giving them good information. Ruff stated what Stacie is trying to say is this is what we estimated before and this is where we are today. Nawrocki stated this is not the information he has been asking for at Council meetings. He has talked to Streetar, maybe he is so damn smart and I'm so damn dumb, he isn't understanding, but he needs someone to make it clear, whether if it's you or someone else, his looking for a better financial report on where we are. Ruff stated Stacie said the information you would like to know is: 1) the tax increment district will run three years long because of all these costs, and what Stacie went over was that we can't make that factual statement, because we don't know what interest rates are, we don't know tax rates are, we don't know what property values are, and we don't know who the tax rate will be built out, so make a public statement like that we would have to come back and retract it in a year or two is probably more harmful for the Cities reputation than updating you as we are tonight. Schumacher stated he asked Jim Crowl from ProSource to be here to answer any questions on clean up issues. So if you have anything, please ask him at this time. He had to say that ProSource has been the best company to work with on this project; they check figures, they do a very good job and should be commended for it. ADMINISTRATIVE REPORTS Activity Center Streetar stated on June 5 at the City Council work session, the Community Center Committee is going to present the communications plan to City Council for comment and review. The Communications Plan is the need statement and key messages to key stakeholder groups in the City. There are two members of the committee; Barbara Miller and Kathryn Vesley that advocated strongly for a Community Center to include a Library. He suggested they come to the June 5 work session to see what direction the City Council would like to go in considering a Library. The group has met twice. The first meeting was at Murzyn Hall. The second meeting was a bus tour to two other cities (Andover and New Brighton) to see what their Community Centers are like. Mr. Nawrocki attended and the third meeting to be held tomorrow night at 7 pm at Grand Central lofts to prepare for the work session. -30- Economic Development Authority Meeting Minutes May 23,2006 Page8of8 HeritaQe Hei~hts On June 5th, this group will be at the work session to update the city on what they have been working on. They have met and prepared five concepts for the area. The first four are a combination of commercial and residential and the fifth one incorporates a Community Center for the simple reason that under the new eminent domain law there will be no redevelopment in that area, unless you could acquire the buildings voluntarily. Nawrocki stated he heard the legislature passed the eminent domain bill. During its travel through the legislature, Barb Goodwin tried hard to get the Columbia Heights projects exempt from the legislation bill and was not successful. The final legislation that was passed, as he understands it, exempts all projects that are underway. He had two questions: 1) is that true and 2) what is the standard for projects to be considered exempt. Streetar stated if you certified a TIF district on or before February 1st of 2006 it would be exempt. If this were a year ago, our Industrial Park would not be considered blighted, the project would not have happened. In order to be considered blighted a parcel has to exceed 100% of the estimated market value, which we don't really have out here. Nawrocki asked if the Mady's site would be eligible. Streetar said no, but that property is so contaminated it might qualify, we just don't know at this time. Jim Crowl stated there was a dump on the site years ago, ProSource took a backhoe and found extensive contamination, which starts at the Burger King site and extends to both of the other properties, we would look at the cost of the clean up, and then you would get the answer that Bob was talking about. ADJOURNMENT Motion by Peterson, second by Diehm, to adjourn the meeting at 9:28pm. All ayes. Motion Carried. Respectfully submitted, eh/~ d1c.LL CherYl 13akken Community Development Secretary H: \EDAminutes2006\5-23-2006 -31- ..r; - A -""} -c ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES July 10, 2006 CALL TO ORDER/ROLL CALL President, Murzyn, Jr. called the meeting to order at 6:00 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bruce Nawrocki, Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg Williams arrived at 6:23pm PLEDGE OF ALLEGIANCE BUSINESS ITEMS Grand Central Lofts Proposal Streetar passed out three additional pages of drawings to the board. Streetar stated back in 2004, the EDA entered into a development agreement to facilitate the redevelopment of the vacant, 15-acre Kmart property. This is a request by New Heights Development LLC, Bruce Nedegaard for T1F assistance to construct improvements related to the completion of the Grand Central Lofts redevelopment project. The developer is asking for T1F assistance for: 1) Sanitary Sewer Upsizing and Repair. The engineering feasibility study in June of 2003 estimated the cost to be $236,814, which is now estimated at $470,431 due to increased complexity of increasing the size of the gas line, large fiber optic lines, storm sewer that rest within the right-of-way surrounding the sanitary sewer line, increased cost of polyvinylchloride pipe, and increased cost of petroleum that is used to manufacture the pipe. TIF assistance to pay for the increased cost of up to $233,617, with the developer paying the initial $236,814, which brings the requested T1F assistance of up to $22,049. 2) Retaining Wall. The developer is requesting $200,000 T1F to construct a retaining wall in conjunction with the construction of the new commercial space, which would run east along 4ih avenue to grand avenue then north along the rear of the commercial parcel to the northerly end of the commercial property. 3) Structural Public Parking. Nedegaard is proposing to build two new buildings. The first building with 31,858 sq ft in size, Axel's Bonfire Grill Restaurant on the first floor and office and retail tenants on the second floor. The second building would be 15,480 sq ft in size and includes office and retail tenants on both floors. A public parking ramp with 230 stalls, that could be owned by the EDA, such as the agreement with the Columbia Park Medical Clinic where the City owns it, but the developer maintains the ramp. In Summary, the developer is asking for additional T1F funding of $255, 666 for sanitary sewer improvements and repairs, $200,000 for construction of a retaining wall, and $1,460,631 for construction of a 230 stall, EDA owned public parking facility and recommend the City Council apply for the Metropolitan Council Livable Communities grant in the amount of $974,369. Nedegaard stated the biggest cost is the fiber optics in the piping. -32- Economic Development Authority Meeting Minutes July 10, 2006 Page 2 of 4 Nawrocki stated bob's comment on the agreement with the medical clinic, that ramp was for the clinic and the community. Streetar stated this parking ramp would a public ramp, not private. Nawrocki stated there was the possibility of some additional commercial along Central, but to his knowledge there hasn't been any talk about any parking ramp. Streetar stated in the development agreement, at that time, this commercial piece was considered out plot, as nobody really new market wise it was plotted as a possibility of redeveloping approx. 10,000 square feet of commercial property. Nawrocki asked when you talk about 15 years T1F, are you talking about the whole project going out 15 years. Streetar stated under this arrangement, it would take more along the lines of 11 to 13 years because we aren't using all of the T1F. It would generate $2.58 million over 15 years. This request is for up to $2.58 million. His guess would be that it would come a little lower than this. John Feges, Land Developer for Nedegaard stated: 1) if you look at the site currently, in regards to the grad that is there, they support the bank of the Grand Central Lofts road on top of the sUlface, that grade is put there to retain the bank and if they put only a 10,000 square foot building along that road front, they would only have enough for surface parking. It wasn't originally anticipated that the retaining wall be there with the initial 1 0, 000 square feet of space, as well as picking up and redeveloping the other building along Central A venue with the original proposal. Now we are concentrating on going more vertical with more square footage to accommodate the 280 units of parking. We need to retain the bank to have enough surface parking as well as the structured parking; and 2) the question of 15 years of T1F, the market place would determine how many years would be needed. There is a little bit of a turn in the market right now in regards to higher interest rates and lower absorption, which will change. Realistically we are looking at 5 to 6 years to get the second building under construction and the third one ultimately absorbed with the units Nawrocki asked how it was anticipated in the beginning to support the property other than the 10,000 square foot building along 47th. Feges stated they were considering the retaining wall from the Aldi's store and the parking, but that business venture did not follow through. With the new configuration of the schematics that we have for discussion, they are going more vertical and using less retaining wall for the building, on surface parking as well as structure parking to get the units support and an adequate amount of parking for them. Murzyn Jr. stated the value of the property is the difference of T1F in that area and asked Nedegaard what part of the parking ramp would block the view of the residents in the area. Nedegaard stated the residents would see the top of the ramp and they would be providing some landscaping around it. Nawrocki asked how many floors would be in the ramp. Feges stated it would be two floors. -33- Economic Development Authority Meeting Minutes July 10, 2006 Page 3 of4 Kelzenberg asked Streetar about applying to Met Council to receive funding. Streetar stated met council will not provide funding for public parking, but if we can show that the City is purchasing part of the ramp, he felt very strong that we would receive the funding. Kelzenberg ask Nedegaard what would be the ramifications if they did not approve the funding. Nedegaard stated they really need the parking, they have Axle's Restaurant, Caribou Coffee and other businesses that want to get in there. Murzyn Jr. asked what the pleasure of the board would be. Streetar stated he wanted to make it clear that staff would bring this back for approval. Nawrocki stated he would approve funding from Met Council but wasn't sure he would approve funding for this project. Streetar stated if we don't get the funding, the developer would have to come back with some other ideas for funding. Murzyn Jr. stated by looking at this, what he could see is that his property value that is going down in 2007 would be going up again. We would be authorizing staff to apply for the grant and come back to the board for approval. Motion by Diehm, Second by Kelzenberg, to authorize staff to proceed to apply for grant funding, proceed to negotiate with the developer and amendment to the Development Agreement in accordance with the terms of this memorandum. All ayes. Motion Carried. Subordination and Consent A~reement Approval Murzyn Jr. stated we have another item for the agenda, the subordination and consent agreement regarding Schafer Richardson, Huset Park Development. Nawrocki stated that item was not on the agenda and for a special meeting you can't add anything to it other than what it's called for. Streetar stated under the EDA by-laws, it states you can add an item to the agenda by requesting it, such as Fehst has done and with the board making a motion to approve the added agenda item. Motion by Diehm, second by Peterson, to amend the agenda to add the Subordination and consent Agreement. All ayes. Motion Carried. Bubul stated these agreements are fairly common with this kind of redevelopment transactions particularly with a pay-as-you-go context, where you have agreed in the original contract to give pay-as-you-go payments to Schafer Richardson. Now they are going out to get their own private financing and as part of that the lender is asking you to do two things: 1) to subordinate whatever interest the City and EDA have in the property; and 2) acknowledge that Schafer Richardson is assigning over to the bank the right to get tax increment notes. So the City does not have liability, the developer goes out to get the financing with the expectation the T1F will come in over time to help pay it back. The bank wants to know they would get the rights to the T1F payments in the -34- Economic Development Authority Meeting Minutes July 10, 2006 Page 4 of 4 future. As far as the subordination goes, the EDA doesn't really have anything to subordinate. The lender wants to have a first mortgage on the property, but the EDA doesn't have a mortgage, we don't have assessment agreements. Banks like to do that and to say that no matter what if there is any suggestion that they could interfere with the banks first position, we don't want that to happen. Motion by Diehm, Second by Peterson, to approve the Subordination and Consent Agreement between the Columbia Heights Economic Development Authority (EDA) and BNC National Bank; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Streetar stated the developer goes to the bank, gets a loan for the development, then comes to the City for T1F funding support, and if the development fails, the City would not be responsible for the costs. Bubul stated if this developer fails, they go out and get a new developer, so essentially the City would still get the TIF funding returned. It always comes back, whether it's this developer or another one, you are always going to get your money back. Williams stated Schafer Richardson went $500,000 over their own property estimate. That doesn't make sense. Streetar explained when those estimates were granted they said here is what we think. After that, we went out and got an appraisal. The new estimate was based upon their appraisal and our appraisal. We didn't know at the time of the agreement what their building was worth. It was after the appraisals were performed. The City told them that under the Development agreement it states you will have an appraisal and the decision will be based upon that appraisal, so the City didn't give anything to Schafer Richardson. Upon Vote: Jindra-aye, Diehm-aye, Williams-aye, Kelzenberg-aye, Nawrocki- nay, Peterson-aye, Murzyn-aye. Motion Carried. Streetar stated the board may, want to think about another date for the regular July EDA meeting, as there is eleven items on the HRA meeting that is to be held the same night at Parkview Villa. The meeting wouldn't start until really late. Murzyn Jr. stated he would talk to Streetar in the next week about this matter. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 6:58 p.m. Respectfully submitted, ~ ~/ ~L/___ CherYISakken Community Development Secretary H :\EDAminutes2006\ 7 -10-2006 special -35- THE MINUTES OF THE 5 -A -) -d TELECOMMUNICATIONS COMMISS{ON FROM fHESE MINUTES HAVE THURSDAY, JULY 20, 2006 .NOT BEEN APPROVED. The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Dennis Stroik, Ken Henke, Rueben Ruen, and Dan Swee Members Absent & Excused: Dave Mahoney, Bob Buboltz and Brad Peterson Council Representative: Bruce Nawrocki City Representative: Linda Magee Com cast Representative: Kathi Donnelly-Cohen Legal Counsel: Steve Guzzetta APPROVAL OF MINUTES Motion by Ken Henke, second by Dennis Stroik, to approve the minutes from the meeting of April 20, 2006. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine, except the variation in volume levels that has been noted in the past. B. Correspondence Log and Follow Up on Complaints The complaint received from Mr. Jerry Johnson at 1298 52nd Avenue NE has been resolved. The cable he was concerned about was a new fiber line that has been connected to an existing wire. He was satisfied the work was done quickly. C. Other Old Business No other old business. NEW BUSINESS A. Franchise Fee for 1 st Quarter 2006 We received the 1 st Quarter franchise fee payment and a copy was enclosed in the agenda packets. B. Notice of Programming Changes Beginning June 1, 2006 Comcast is offering the addition of KSTP-DTNWS ( a news channel) to customers with Digital converters. Also, Current TV will be moving from Digital Extra to Digital Classic, making it available to more customers. -36- TELECOMMUNICA nON COMMISSION MINUTES JULY 20, 2006 PAGE 2 C. Other New Business REPORTS A. B. . . . Dan Swee reported he had been approached by a member of the Planning & Zoning Commission in regards to an antenna being added at the High School by T Mobile, and whether the Telecommunications Commission should also review such requests. After a brief discussion regarding this, Linda stated that the Tower Siting Ordinance adopted by the City Council puts the review of these requests into the hands of the Planning & Zoning Commission as they require a Conditional Use Permit and must meet criteria set by our Zoning Ordinance. . Dan Swee reported no one ever got back to him regarding the difficulty of switching back and forth to Universal Service. Kathi stated the Technical Service Mgr. didn't think it was a problem and hasn't received any complaints on it, so didn't feel a need to respond. . Dennis reported he had called customer service last week as the TV Land channel was scrambled. He said it took him 17 minutes to get through to someone, who stated that was an average time for that evening. Dennis questioned how the customer service reports could indicate much faster response stats. Kathi explained it is an average of the whole month taking into account all 24 hours each day. So the response time is very quick for some hours and days, and on days with problems, it can be much longer. . Dennis reported that while watching Headline News, the Comcast commercial that came on was much louder than the rest. Kathy said that is helpful as they can check that situation because of the information Dennis provided. She stated that audio range levels are still in place, but it can vary and still be within the range. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Report of Comcast- Kathi answered questions regarding the stats provided in the reports for April-June, and she briefly reviewed the high points of the monthly newsletters. She pointed out the success of the Emma Bowen Intern Program which is a 5 year program that gives minority students an opportunity to work in several areas of the business operations of the cable industry. It is a paid position with funding towards their pursuit of higher education. Currently, Jennifer Peterson from Blaine is working in one of these positions. Kathy stated that she and Linda have had preliminary discussions about renewing the franchise. Kathi will be presenting a draft proposal within the next month. She stated the delay has been due to pending legislation being considered at the Federal level. Since neither the House or Senate bills have been passed yet, she will be incorporating language into the proposal to protect both sides, if in fact the laws change. -37- TELECOMMUNICA nONS COMMISSION MEETING JUL Y 20, 2006 PAGE 3 C. Report of Cable Attorney · Steve Guzzetta, Legal Counsel, reviewed the two pending Federal bills being considered. The House Bill-Communications Opportunity, Promotion, and Enhancement Act (COPE Bill) was passed and sent to the Senate for consideration. It would put the FCC in charge of granting national franchises and there would be no build out requirements. Local control over public right of ways would be significantly impacted. Use of Right of Ways would be under the FCC's authority. Franchises could only be terminated under very limited circumstances. There would be limitations set on the 5% franchise fees collected, it would limit auditing provisions, and customer service would be dealt with through the FCC. PEG Access support would be limited to 1 % and additional access channels could only be requested once every 10 years. This bill takes away many rights and the authority to franchise from individual cities. The Senate Bill File #2686-Communications, Consumer's Choice and Broadband Deployment Act of 2006-- passed out of the Senate with changes. The amendments are still being worked on so a final version is not yet clear. They have changed the bill to the Advanced Telecommunications and Reform Act #5252 (same as the COPE Bill). If the revision goes to the Conference Committee it will expedite its adoption. As of yet, they do not have the 60 votes necessary to get it passed. Even though this bill is better it still puts limits on the rights of cities. The Senate version leaves the franchising at the local level. The FCC would create a form that is filled out so everything throughout the industry is standardized. It would be good for a 15 year period and the renewal process would stay the same. It would allow for a 5% franchise fee. The definition of Gross Revenue is better in the Senate version than the House Bill. It grants the cities more authority over the use of their Right of Ways and authority over Customer Service Standards. A 1 % PEG Fee for Access Channels is similar to the House bill. Steve stated that both bills state that new providers cannot be required to provide I-Net. And neither bill has build out requirements. The most significant debate concerned "net neutrality". The proposed net neutrality amendments failed, so this bill does not bar telecommunications firms and cable operators from charging fees to preferred businesses for speedier Internet delivery. Proponents to this, could kill the bill. Although, it appears a Federal Bill won't have enough time to get passed in this session due to the differences between the two bills that need to be worked out, portions could be pulled out and passed. Steve expressed his opinion that if not passed this session, it will be brought back and changes will be made soon. He shared his views on how these bills came to be proposed and how the players in the Industry got to the point they have because they made business decisions that went in the wrong direction. . Kathy said that if nothing passes at the Federal level this session, Qwest is prepared to propose a bill at the State level. They have been doing this in other states throughout the country. -38- TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF JULY 20, 2006 PAGE 4 · The commissioners asked questions of the Attorney- Ken asked if a bill goes through faster the 2nd year it is offered. He was told that depends on a couple of things, one is who gets elected to office. It was pointed out that the proposed bills already exist and would only need to be tweaked before re-introducing. Reuben asked about the pros and cons of net neutrality. Steve responded that he felt it was necessary. The concept is that everybody should have the same access to the internet, at the same speed. It shouldn't be something that people who are willing to pay more and can afford it, get special service that others don't. Bruce asked how our MN Legislators voted. Steve told him what he could remember. D. Report of the Assistant to the City Manager Linda reported that Jean Kuehn retired June 30, 2006, and that her position will not be filled at this time. Her duties have been re-distributed to current staff. Refuse and recycling have been transferred to Public Works. Adam Davis will continue to broadcast and tape the Council meetings and the Planning & Zoning Commission meetings. Informational items will be placed on the website by Paul Grosse, IS Technician, and on Channel 16 by staff. Linda explained that the Software CastNet allows individual departments to create their own messages and submit to Carole Blowers in Administration for approval and publication on Channel 16. Bruce Nawrocki questioned who would be doing the programming for Channel 16. Linda explained it would be a combination of Adam and the staff in Administration to schedule the tape decks, and the system automatically defaults to the character generator messages when tapes aren't running. Individual departments will do their own programs, if they so desire, as the Heights Calendar Program will no longer be done. Dennis asked whether we would be switching the system over from VCR tapes to DVD's. She stated that is in the proposed 2007 budget, and will be discussed in the budget review process for 2007. She will keep the members updated. Motion by Ken Henke, seconded by Reuben Ruen, to adjourn the meeting at 8:00 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary -39- councilmembers. He stated when he was Mayor, citizens liked coming in to his office, as he was there every day. Citizens like to go to a particular person, especially some in your own area. With adding two councilmembers at large, there could be four out of seven from the same ward. Commissioner King stated that you can call any councilmember now if you have a problem or question. President Hartel stated the ward system is a good option, but not adding two additional councilmembers. Commissioner Laine stated that expanding government may not necessarily mean adding councilmembers. Commissioner Korday asked President Hartel why he thought it was a good idea to implement the ward system and add two councilmembers when this issue was discussed in previous meetings? He reaffirmed his thoughts on the ward system and adding more councilmembers. There was interest in what citizen comments have been received on this issue. President Hartel stated he had received about six phone calls, with mixed comments. Commissioner Sturdevant stated he received a couple of calls stating they were for it. JoAnne Student has expressed her support of this issue. Commissioner Buboltz stated that this commission has spent a lot of time discussing and presenting this issue to the city council and the public already. He thought the commission should put it on the ballot and wait and see what happens. Wording for the ballot question was discussed. City Attorney, Jim Hoeft, stated that the ballot wording would be approved by the City Council in time for the ballot. He stated that the City Manager has directed him to work with the City Clerk, Bill Elrite, on the wording. The City Attorney and City Clerk will be working on the first draft of the ballot language next week if the commission votes to put it on the ballot in November. The draft will be provided to the City Council and Charter Commission members for review as a work session item in the near future. Charter Commission members would be invited to attend the work session. The language for the ballot must pose a question to which can be answered either yes or no. The language must be approved in the timeframe needed by the county. The City Attorney stated that the county is asking for the ballot language earlier than the deadline stated by law. President Hartel stated that a sub-committee should be formed to disseminate information on this issue. It should present a fair and balanced look at the proposed changes (pros/cons). There should be a cable presentation of the issue, having one person for it and one person against it. He also stated it would be appropriate to have a separate mailing (not in with the water bills) to residents about this issue. Commissioners wanted to know how much money do we have to spend on disseminating the information. We have $1,600 to spend. Councilmember Ericson stated that the city council may decide to find additional monies for us. Motion by Commissioner Korday, seconded by Commissioner Buboltz to put the proposed charter amendment about wards and adding two additional councilmembers at large on the ballot in November of 2006. Ayes: 10; Nays: 1; Abstain: 0, Absent: 3 Motion passed. Charter Commission Jul~ - 4 1 -1()6 Page 2 Commissioner Sturdevant asked about lawn signs like the school board used recently. President Hartel stated that a citizen group could be formed separately from the Charter Commission. Lawn signs could be put out as long as they are not in violation of the city's sign ordinances. Article for City Newsletter on Ballot Ouestion President Hartel stated that since the Charter Commission has now voted on putting this item on the ballot, we need to have an article in the fall city newsletter. President Hartel stated that a draft of an article for the fall city newsletter was put together and included in the packet for tonight's meeting. The Recording Secretary advised the commission of the deadline we have--we must have this article ready to go to her tomorrow (July 21). Motion by Commissioner Sturdevant, seconded by Commissioner Korday, to accept the article for the city newsletter as presented. The Recording Secretary will forward it to Deanna in Recreation tomorrow morning for inclusion in the fall city newsletter. Creation of a Sub-Committee to Disseminate Information on Wards President Hartel asked members if anyone would like to volunteer on being on a sub-committee responsible for disseminating information to the citizens on the ballot question. The following members volunteered: Jim Johnson, Joe Sturdevant, Katy Korday, Bob Buboltz, and Mike Patiuk. Katy will be the chair of this sub-committee. The Recording Secretary advised the sub-committee members that if they wish to meet during the day or evening at City Hall or Murzyn Hall, she can arrange a room. Minutes should be taken at these meetings for the record. Correspondence The Recording Secretary stated that numerous council letters and attachments were prepared for the work session of May 18t\ and for council meetings on May 22, June 12, and June 26 regarding our proposed ordinance. The Recording Secretary stated that she tried to report to commission members the results of each work session or council meeting. The notice of Public hearing was prepared and published as per state statutes regarding proposed charter changes. The Public hearing information was also put on cable. Commissioners V ogtman and Druckrey advised the Recording Secretary they would not be able to attend tonight's meeting. Tonight's agenda materials, including the newsletter item, was prepared and mailed last week. Next Meeting Date The next regular meeting of the Charter Commission will be Thursday, October 19, 2006, at 7 p.m. in the Gauvitte Room at Murzyn Hall. Adjournment Motion by Commissioner Buboltz, seconded by Commissioner Laine to adjourn the meeting at 7:58 p.m. Respectfully submitted, Carole 1. Blowers, Recording Secretary Charter Commission Jul) - 42 -06 J:'age j 5-A~2---fi lff r-":,~"'1 t L~,.: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JULY 10, 2006 ..... ... '0,.';'" ,_ .. , ..: Chairperson Carlson called the meeting to order at 6:09 p.m. 1. ROLL CALL Members Present: Anderson, Carlson, Goodman, Sturdevant Staff Present: Kathy jean Young, Assistant City Engineer Tom Johnson, Police Chief Absent Council Liaison-Bruce Kelzenberg II. APPROVAL OF JUNE 5, 2006 MINUTES Motion by Sturdevant, second by Goodman, to approve the minutes of June 5, 2006. Motion carried unanimously. III. OLD BUSINESS A. PUBLIC HEARING TO DESIGNATE "NO PARKING" ON 41ST AVENUE FOR 30' WEST AND EAST OF MAUREEN DRIVE. Mr. Paul Rybak of240 Maureen Drive, representing University Heights Town Homes, has requested "no parking" on the north side of 41 sl Avenue, east of Maureen Drive. The concern is the difficulty of exiting and entering Maureen Drive when vehicles are parked close to the comer. At the June meeting, the Commission called for a Public Hearing to restrict parking west and east of Maureen Drive. The hearing notice was published in the Focus and residents within 300' of the intersection were notified by mail. Maureen Drive is a dead end street and vehicles must drive onto 41 st Avenue. Maureen Drive north of 41 st Avenue is used by 38 town homes. Maureen Drive and Maureen Lane south of 41 st A venue are used by 36 condominiums. The Public Hearing was held and several residents living on Maureen Drive attended the hearing. Casey Bennett, President of the University Heights Association, stressed that concern for safety is an issue as a large percentage of owners are semors. -43- Official Proceedings Columbia Heights Traffic Commission July 10, 2006 Page 2 Motion by Sturdevant, second by Goodman, to recommend to the City Council the designation of "No parking" on 41 51 Avenue for 30' west and 30' east of Maureen Drive based on the recommendation of the Traffic Commission. Motion carried unanimously. IV. OTHER OLD BUSINESS None. V. NEW BUSINESS A. REQUEST FOR STOP SIGNS ON TYLER STREET, POLK STREET AND BUCHANAN STREET AT 39TH AVENUE Therese Kaslow of 3817 Buchanan Street N .E. has requested stop signs on Tyler Street, Polk Street and Buchanan Street at 39th Avenue. The concern is the failure for vehicles on 39th Avenue to yield right-of-way for vehicles on the north-south streets and speed of traffic on Buchanan Street. Staff indicated visibility is good in this area. There have been very few accidents. Staff presented accident history. In 2004,2005 and 2006 there were two accidents each year on 39th Avenue and Polk Street and one accident each year in 2003, 2004, 2005 and 2006 on Tyler Street. There were no accidents reported on Buchanan Street and 39th Avenue. A traffic count was also given indicating speed was not in excess. The area does not meet the warrants for stop sign installation. Installation of yield signs were discussed. Ms. Kaslow indicated that the jog/angle of Buchanan Street to 39th Avenue and the alley between Polk Street and Buchanan Street are of concern. Police Chief Johnson suggested that the speed trailer be set up on 39th Avenue going both directions, keeping in mind that residents in the neighborhood may get ticketed. Ms. Kaslow stated she frequently has seen motorists speeding on Buchanan Street and she has addressed the issue with a specific motorist. Chief Johnson reminded Ms. Kaslow that residents should not confront any motorist speeding in the area, that the -44- Official Proceedings Columbia Heights Traffic Commission July 10, 2006 Page 3 Police should be called. He urged residents to get the license plate number, make and color of the car and let the Police handled the situation. Trimming of a pine tree and bushes may help the area somewhat. Staff will check on the visibility in this area. No other action was suggested at this time. Staff will send Ms. Kaslow the results of the speed trailer survey on 39th Avenue. VI. OTHER NEW BUSINESS None. VII. REPORTS A CITY ENGINEER B. POLICE CHIEF C. COMMISSIONERS Commissioner Goodman asked Staff to send a letter to the owner of the mall on Central Avenue, 40th to 41 st Avenues and request pedestrian crossings in the parking lot be repainted. VIII. ADJOURNMENT Motion by Anderson, second by Goodman to adjourn the meting at 7 :00 P.M. Motion carried unanimously. R~SUb~ u/ \1:5a,t~ Joanne Baker Traffic Commission Secretary -45- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: August 14, 2006 AGENDA SECTION: NO: 5-A-3 Consent ORIGINATING DEPARTMENT: Administration ITEM: Establish Work Session Meeting Date for August 29, 2006 NO: BY: Walter R. Fehst DATE: August 8, 2006 CITY MANAGER'S APPROV AL BY: DATE: It is suggested to schedule a City Council Work Session for Tuesday, August 29,2006 beginning at 7:00 p.m. in the City Council Chambers. RECOMIVIENDED IVIOTION: MOTION: Move to schedule a City Council Work Session for Tuesday, August 29,2006 beginning at 7:00 p.m. in the Council Chambers. COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: August 14,2006 AGENDA SECTION: NO: 5 -/\.-L\ ORlGINA TING DEP AR TMENT: CITY MANAGER CITY MANAGERS APPROV A ITEM: Designating election judges BY: DATE: Patty Muscovitz 8-9-2006 BY:.&, 0'. DATE: / {I NO: Please find attached a resolution designating election judges and their salaries for the 2006 Primary Election to be held on Tuesday, September 12, 2006 and the General Election to be held on Tuesday, November 7, 2006. Recommended Motion: Move to waive the reading of Resolution No. 2006-99, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2006-99, being a Resolution designating election judges and salaries for the 2006 Primary and General Elections. COUNCIL ACTION: -47- RESOLUTION 2006-99 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint the following qualified voters to be judges for the 2006 Primary and General election. Precinct I-Murzvn 8all-530 Mill St. Faye Cleasby - Head Judge Darlene Bieljeski - Assistant Head Judge Dolores Strand Fran Jensen Wanda Heining Mildred Peterson James Cyson Robert Petty Joyce Shellito Jason Chorney Precinct 2-Immaculate Conceotion-4030 Jackson St. Clara Shattuck - Head Judge Joann Kewatt - Assistant Head Judge Mark Emme Jacque Block Bradley Schmitt Carol Wiles Dennis Otremba Gretchen Gallagher Weinstein Bev Holub Jerome Swanson Marvin Helm Precinct 3 -Parkview Villa-965 40th Avenue Muriel Nichols - Head Judge Charles Helland - Assistant Head Judge Laura Lindahl Delores Jacobsen Jacqueline Niznik Lorraine Milisheski Judy Schendel Georgene Baker Mama Gomez Jeani Cox Precinct 4-8il!hland Elem School-l 500 49th Avenue Marsha Stroik - Head Judge Lauri McGee- Assistant Head Judge Margaret Taranto Cliff Pelton Mabel Jackson Judith Dettman Shirley Browning Betty Krahl Theresa Kowe Joel Andrychowicz Precinct 5-First Lutheran Church-I555 40th Ave Edna Miracle - Head Judge Joan Kinde - Assistant Head Judge Nancy French Irene Ricci Aurora Johnston Richard Meixner Lorrie Nalezny Marion Bernard Marion Cellette Ellen Lutz Marie Peterson Precinct 6-Hil!hland Elem. School-I500 49th Ave Stephen Iserman - Head Judge Joanne Nelson - Assistant Head Judge La V onne Seim Delores Marquette Kay Mayer Eva Pelton Doris Sunheim William Dettman Carol Lawler Patricia Tollefson -48- Precinct 7-Vallev View Elem School-BOO 49th Ave Kay Handley - Head Judge Ann Kronstedt - Assistant Head Judge Kathryn Morales James Hutchinson Joan Fuhrman William Burgoyne Patrick Mathews Carolyn Hampton Belma Demirovic Susan Wilebski Mary Swanson Precinct B-Vallev View Elem School-BOO 49th Ave Pat Jindra - Head Judge Mary Dowdel- Assistant Head Judge Mary Ann O'Brien Dick Corbett Irene Sunt Tom Howard Stephen Emme Rose Lenzmeier Ken Kronstedt Christopher Hanson NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, by precinct, for the Primary Election on September 12,2006 and the General Elections on November 7, 2006, with an hourly remuneration of$1O.75 for Head Judge, $10.50 for Assistant Head Judge, and $10.25 for an Election Judge. Passed this _ day of August 2006. Offered by: Seconded by: Roll call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Mayor Gary L. Peterson -49- CITY COUNCIL LETTER Meeting of Au ust 14,2006 AGENDA SECTION: Consent _ ^ L- NO. S-,~-J ITEM: Transfer Funds from the General Fund to NO Reimburse PD Overtime Budget, line 1020 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: July 26,2006 CITY MANAGER APPROV BY:/$,(,~ DATE// ,"" BACKGROUND During the past two 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 working traffic for the Summer Academy Northeast Metro School District 916. Since this type of off duty employment is handled through the department, officers have signed up and worked these details since June 22,2006, and we have received a check from the following entities: Unique Thrift Stores-totaling $500, and Northeast Metro School District 916 in the amount of$3,634. 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 $500 received from Unique Thrift Stores and the $3,634 received from Northeast Metro School District 916 be returned to the 2006 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $500 received from Unique Thrift Stores and $3,634 received from Northeast Metro School District 916-a total of $4, 134-from the General Fund to the Police Department 2006 budget under line #1020, police overtime. TMJ :mld 06-144 COUNCIL ACTION: -50- City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson ~I- From: Captain William J. Roddy Subject: Overtime Transfer Date: July 26, 2006 Attached is a list of the overtime re-imbursement received from June 22nd through July 26, 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 # 020 Security June 06 DATE 7 -07 -06 AMOUNT $ 500.00 Summer Academv 2006 INVOICE # 019 Summer Academy Traffic Detail DATE 7 -07 -06 AMOUNT $ 3634.00 Total Amount to be transferred to OT Account $4134.00 - 51- / /' Date: Pg. 1 Customer Name: Address: Home Phone: Request for: INVUIC.E Columbia Heights Police Department July 7,2006 Invoice #: 2006-019 Summer Academy (Attn: Jeanie Pullen) 5530 Peterson Rd., White Bear Lake, MN 55127 651-426-5945 Work Phone: 651-415-5454 Police Officers for: Summer Academy Traffic Detail -52- Pg.2 Week I Sun. 6-11 1230-1430hrs Jo (2 Officer) Mon. 6-12 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Tue. 6-13 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Wed. 6-14 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Thu. 6-15 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Fri. 6-16 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Ni (2 Officer) 1115-1315hrs. Ni (2 Officer) Week II Mon. 6-19 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) 0715-0915hrs Ni (2 Officer) 1115-1315hrs. Ha (2 Officer) Tue. 6-20 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Wed. 6-21 0715-0915hrs We (2 CSO) 1400-1600hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1400-1600hrs. Bo (2 CSO) Thu. 6-22 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Fri. 6-23 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Week ill Mon. 6-26 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Tue. 6-27 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Wed. 6-28 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) Thu. 6-29 0715-0915hrs We (2 CSO) 1115-1315hrs. We (2 CSO) 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) 1745-2100hrs Ni (3 Officer) 1745-2100hrs Pi (3 Officer) 1745-2100hrs Ko (3 Officer) Fri. 6-30 0715-0915hrs Bo (2 CSO) 1115-1315hrs. Bo (2 CSO) 0715-0915hrs Ni (2 Officer) 1115-1315hrs Ni (2 Officer) . -53- Pg.3 BILLING INFORMATION Number of Hours: 23 hrs Officer l08hrs CSO Rate= $50.00/hr Rate= $23.00/hr TOTAL Due: $ 3634.00 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department. 559 Mill Street NE,ColumbiaHeights, MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: Date: -54- NORTHEAST METRO 916 825 2006-019 SA 6/30/2006 $3,634.00 $3,634.00 $3,634.00 $0.00 $3,634.00 ;' ""\ Intermediate School District [$jbank.. EAST GRAND FORKS, MN 56721 ~ 912 432825 CHECK NO. NORTHEAST METRO 916 2540 East County Road F White Bear Lake. MN 55 II 0 Phone 651 415 5500 Fax 651 415 5510 VOID AFTER 180 DAYS Three Thousand Six Hundred Thirty Four Dollars and 00 Cents PAY TO THE ORDER OF: 7/21/2006 $3,634.00 City Of Columbia Heights Police Department 559 Mill Street NE Columbia Heights MN 55421 ~;::~ C2::?",,~~. .c~ d...-/?.....~ II. ~ j 2 8 2 5 fl. I : 0 g J. 2 J. 5 g 2 ? I: J. 5 2 J. 0 0 0 0 8 ~ ? 2 fl. -55- / Date: 7e::~7AAAA?1"; 0.1 INVOICE Columbia Heights Police Department July 7,2006 Invoice #: 2006-020 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Request for: Fri. 6-0206 Sat. 6-03-06 Tue. 6-06-06 Sat. 6-10-06 Sat. 6-17 -06 Tue. 6-20-06 Sat. 6- 24-06 Work Phone: 763-788-5250 1 Police Officers for: June 2006 1600-1930 Ok 3.5hrs. 1200-1600 Ok 4hrs. No Officer No Officer No Officer No Officer 1715-1945 Sc 2.5hrs. Number of Officers: BILLING INFORMATION 3 Hours: 10 2006 OT Wage is $50.00 hr. Holiday Premium Rate is $66.66 hr. Total Due: $500.00 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE,ColumbiaHeights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY Off Duty: Date: -56- Nash Sales, Inc. DATE INVOICE NO COMMENT 7/07/06 2006-020 AMOUNT 500.00 011443 DISCOUNT NET AMOUNT .00 500.00 lEeK: 011443 07/21/06 City of Columbia Heights CHK TOTAL: 500.00 011443 Nash Sales, Inc. 1387Cope Ave. E. Maplewood. Mill 55109 . (651) 773-8077 Anchor Bank North St. Paul, MN 75-882-960 ti .. .D c: C .. ! o *FIVE HUNDRED DOLLARS AND NO CENTS DATE 07/21/06 AMOUNT *******500.00* tIJ PAY ro THE DRDER DF: City of columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 it# .,; . " ~ U .E .. . i u. .f u . en 1110 i. i....... :llll -:0 g bOOBB 25-: q '( q 50... qlll j ,...,,_. '..._.',........." ..__.._..........,.,''''''''.-"""d & -57- CITY COUNCIL LETTER ITEM: Adopt Resolution #2006-104, being a Resolution approving Settlement of eminent domain proceeding for 450 38th Avenue NE BY: Randy Schumacher DATE: August 10,2006 Meeting of: Au ust 14,2006 CITY MANAGER APPROVAL BY~., ~Z",~..r ::<< /: " . i'/ ,- I AGENDA SECTION: Consent NO: :;... A-~ ORIGINATING DEPT.: Community Development Background: In June of2005, the City of Columbia Heights acquired the property located at 450 38th Avenue NE (Steel Tech) in eminent domain proceedings for construction of Huset Parkway and redevelopment of the Industrial Park. The City deposited its approved appraisal value in the amount of $490,480 for the subject property, (reimbursed by Schafer Richardson), including fixtures, with the District Court for Anoka County eminent domain proceedings. The owners claimed additional damages (beyond the amount of the quick take deposit) of$125,775, plus interest, as a result of the taking of the subject property. The City had previously processed and paid the owners claim for relocation in the amount of $162,912. Prior to the Condemnation Commissioners Evidentiary Hearing scheduled for the week of August ih, the City's Attorney, Robert Lindall, had been negotiating for months with Smith's legal council for a negotiated settlement. Staffhas reached an equitable agreement with the owners for claims of damages in the additional amount of $42,500, plus interest at the judgment rate to the date of payment, subject to the approval of the City Council. Recommendation: Staff recommends adoption of Resolution 2006-104, approving settlement of eminent domain proceedings for 450 38th Avenue NE. Recommended Motion: MOTION: Move to waive the reading of Resolution 2006-104, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2006-104, being a Resolution approving settlement of eminent domain proceedings for 450 38th Avenue NE. COUNCIL ACTION: -58- RESOLUTION NO 2006-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING SETTLEMENT OF EMINENT DOMAIN PROCEEDING WHEREAS, the City of Columbia Heights, Minnesota ("City") acquired the property located at 450 38th Avenue NE, and legally described on Exhibit A attached hereto ("Subject Property") in eminent domain proceedings for construction of Huset Parkway (Parkway Portion") and redevelopment ("Redevelopment Portion"), effective June 1,2005; WHEREAS, when acquired by the City, the Subject Property was owned by Daro J Smith and Rita A Smith, as Trustees (112) and Scott A. Smith (112) subject to a lease in favor of Steel Tech, Inc ("Tenant"); WHEREAS, on June I, 2005, the date of taking, the City deposited its approved appraisal of value in the amount of $490,480 for the Subject Property with the District Court for Anoka County in said eminent domain proceedings; WHEREAS, the Owners and Tenant claimed additional damages (beyond the amount of the Quick Take Deposit) of$125,775, plus interest, as a result ofthe taking of the Subject Property; WHEREAS, the Court appointed three condemnation commissioners to determine the damages caused to the Owners by the taking of the Subject Property, which commissioners viewed the property and scheduled evidentiary hearings for that purpose; WHEREAS, the City's Attorney has negotiated a settlement of the Owners' and Tenant's claims of damages due to the taking of the Subject Property for the additional amount of $42,500 plus interest at the judgment rate to the date of payment, subject to the approval of the City Council; WHEREAS, City staff concurs with the amount of the settlement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: I. That the settlement amount of $42,500 plus amounts previously paid and plus interest from the date of taking of the Subject Property to the date of payment is hereby approved. 2. That the City Clerk and Mayor are authorized to execute the Stipulation of Final Settlement and take all other actions necessary to complete the obligations of the City pursuant to its terms. 3. That the City Attorney is authorized to take all actions necessary to complete the obligations of the City pursuant to the Stipulation of Final Settlement. Adopted by the City Council of the City of Columbia Heights, Minnesota this _ day of August, 2006. Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC - 59 - Deputy City Clerk/Council Secretary FIRST AMENDED EXHffiIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.E.) Property Address: 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. Legal Description of Property to be Acquired: Lot 3, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Interests Being Acquired: Name Nature ofInterest Daro J. Smith and Rita A. Smith, Trustees, or Fee Owner of an undivided one-haIf (112) their successors in trust under the DRS LIVING interest TRUST dated March 22, 2001, and any amendments thereto Scott A. Smith Fee Owner of an undivided one-half (112) interest Spouse of Scott A. Smith, if any Possible Holder of an Interest SteelTech, Inc. a Minnesota corporation Tenant Soo Line Railroad Company, a Minnesota Possible Holder of an Interest corporation, dba Canadian Pacific Railway Florence V. Pearson Possible Holder of an Interest Spouse of Florence V. Pearson Possible Holder of an Interest Anoka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property -60- CITY COUNCIL LETTER Meeting of: 8/1 4/06 AGENDA SECTION: CONSENT 5 - A"l ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL BY, K.Hanse~ BY: 47/~ EQUIPMENT REPLACEMENT OF UNIT # 118, A 1967 DATE: 8fflffl6 . DATE: ONAN 85KW GENERA TOR AND AUTOMATIC TRANSFER SWITCH Background: Public Works Unit # 118 is an Onan 85KW electric generator to supply emergency stand-by electrical power at Water Pump Station #3. It was purchased new in 1967 for $10,000 with a projected life expectancy of 30 years. This generator is powered by natural gas and has unknown hours of recorded use. Repair parts for unit # 118 are very difficult to locate because the equipment is 40 years old. It is very important to have a reliable stand-by generator at Water Pump Station #3 because Station #3 supplies water to the water tower, which in turn supplies water and water pressure to the east half of the city. The Shop Supervisor has rated the condition of this generator as poor to fair. The 2006 budget has allocated $24,300 for the replacement of Unit #118. Ana Iysis/C 0 n c I usio ns: Public Works staff has carefully reviewed past, current and projected use of Unit #118. A summary of the review is as follows: . Electrical outages have become more frequent and wide spread in the last 5 years and the length of time it has taken the power company to restore power has increased. . Events such as 9/1 I, increased electrical usage and power outages across large portions of the country have increased the need for reliable stand-by power. . Xcel Energy has a program that offers reduced rates for sites that operate their stand-by generators during periods of high- energy demand. . Public health and water quality concerns dictate that the city should act in a responsible manner to maintain water supply and water pressure. The Shop Supervisor requested quotes on three different makes of comparable generator. Staff recommends replacing Unit #] 18 with one new CAT Model G I 00F3 Natural Gas lOOK W Generator and automatic transfer switch and disposing of Unit # 118 by auction. Electrical load testing was performed and a 100KW unit is recommended for replacement in the condition when both station pumps are running. The following is an overview of the price quotes that were received by the Public Works Department for the replacement of Unit #1] 8: Ziegler Power Systems 8050 State Highway 10] Shako pee, MN 55379 Quote: $21,585 plus tax COUNCIL ACTION: -61- CITY COUNCIL LETTER Meeting of: 8/14/06 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL BY: K. Hansen BY: EQUIPMENT REPLACEMENT OF UNIT # 118, A 1967 DA TE: 8/8/06 DATE: ONAN 85KW GENERATOR AND AUTOMATIC TRANSFER SWITCH Continued: Replacement of Unit #118 Page 2 Interstate Power Systems 250 I East 80th St. Minneapolis, MN 55425 Quote: $22,541 plus tax Cassady's Service Inc. 435 I 70th Ave. NE Ham Lake, MN 55304 Quote: 85 KW and refused to quote I OOKW generator Rejected as it did not meet bid spec. Recommended Motion: Move to authorize the replacement of existing Unit # 118, Onan 85K W generator, with one (I) new CAT Model G 100F3 Natural Gas lOOK W Generator and automatic transfer switch from Zeigler Power Systems in the amount of $21,585 plus tax, with funding from Fund 433-49430-5180 and dispose of existing Unit #118 by Auction. COUNCIL ACTION: -62- CITY COUNCIL LETTER Meeting of: 8/14/06 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: ,I) - A-'b PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen ~ t47/J BY: ,// 'J PURCHASE OF LEAF LOADER ATTACHMENT FOR DA TE: 8/8/06 DATE: UNIT #296 MT TRACKLESS Background: An annual fall activity of the Public Works Street Department is fall leaf pickup. A large portion of Columbia Heights has numerous street trees that shed their leaves every fall, requiring citywide pickup. Street sweepers are not designed to pickup large volumes or bunch of dry leaves. It is necessary to make numerous trips up and down the same street to effectively clean the street. Staff has been researching ways to make fall street sweeping operations more efficient and effective for the last several years. In the past, the City has used the following methods to assist the street sweepers with leaf pickup: I. Twenty years ago front-end loaders were used to push piles of leaves to the intersections where the leaves were loaded into dump trucks and hauled to the MSC yard and later to the compost site. This method wore down the cutting edges on the loader buckets very quickly. City dump trucks could not efficiently haul leaves to the compost site due to air volumes. 2. F or about the last 10 years, leaf plows mounted on pickups have been used to push leaves to intersections. where the) are loaded into dump trucks with a backhoe that is equipped with a clam type bucket. City trucks haul the leaves to the MSC yard. Later the leaves are loaded into large roll off dumpsters and hauled to the compost site by a contractor. Approximately 13 to 18 dumpster loads are filled annually. Analysis/Conclusions: Staff has researched a leaf loader that is designed to reduce the volume of leaves by mulching and blowing them into a dump truck. This will reduce the number of trips required to haul leaves from the job site to the MSC yard. The leaf loader will make sweeping operations more efficient and as a result reduce wear and tear on the street sweepers, extending their life. The number of dumpsters required to haul leaves to the compost site will be reduced and result in reduced disposal costs. Staff recommends the purchase of one (J) trackless leaf loader attachment for Unit # 296 MT Trackless from Mac Queen Equipment per Minnesota State Contract. The 2006 Street Capital Equipment budget has allocated $26.625 from the purchase of a leaf loader attachment for Unit #296 MT Trackless. Recommended Motion: Move to authorize the purchase of one (I) Trackless Leaf Loader Attachment for Unit #296 MT Trackless from Mac Queen Equipment in the amount of $24,855 plus sales tax per Minnesota State Contract, funding from Fund 43] -43 ] 2] - 5] 80. KH:jb Attachment: Leaf Loader brochure COUNCIL ACTION: -63- Leaf Loader - Trackless VehicIes Ltd. LEAF LOADER The Trackless Leaf Loader is the most advanced and efficient loading machine on the market today. Leaves are picked up at curbside, mulched and blown into a truck. Advantages include: FASTER PICK UP, LESS PERSONNEL Most customers, at the end of their leaf pickup, claim to be three to four weeks ahead of schedule, due to the ability of the Trackless Leaf Loader to load up to four trucks per hour and 100,000 pounds per day. MULCHING Even though leaves represent up to 20% of municipal solid wastes, States such as New Jersey and many communities have banned leaf disposal by land filling or incineration. As others follow, mulching/composting will soon become mandatory as the first step in leaf disposal or recycling. HEAVIER LOADS AND FEWER TRIPS Each loaded truck contains far more material, due to the leaves being mulched. Customers have reported loading 100,000 pounds per day. RECYCLING Mulch can be sold or offered free of charge to landscapers and the general public for their gardens, flower beds, etc. Although the demand may not be large enough to recycle 100% of the mulch generated, the demand will increase every year, once a program is implemented. NO BAD WEATHER DAYS Due to the heated cab, rain, snow or cold -64- Page 10f2 CITY COUNCIL LETTER Meeting of: 8/14/06 AGENDA SECTION: CONSENT !~- A- q ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY, ~;-- ITEM: DESIGNATION OF "NO PARKING" ON 41ST BY, K. HanS~ A VENUE FOR 30' WEST AND EAST OF MAUREEN DATE: ~9m \ DATE: DRIVE Background: A resident request has been made for "No Parking" on the north side of 41st Avenue, east of Maureen Drive. The concern is the difficulty of exiting and entering Maureen Drive when vehicles are parked close to the comer. At the June meeting, Traffic Commission members called for a Public Hearing to restrict parking west and east of Maureen Drive. Maureen Drive is a dead end street and vehicles must drive onto 41 st Avenue. Maureen Drive north of 41st Avenue is used by 38 town homes. Maureen Drive and Maureen Lane south of 41 st Avenue are used by 36 condominiums. The Public Hearing was held and several residents living on Maureen Drive attended the hearing. Their concern is for safety as a large percentage of owners are seniors. At the Public Hearing, the Traffic Commiss-ion recommended that the City Council designate "No Parking" on 41 st Avenue for 30' west and 30' east of Maureen Drive. Recommended Motion: Move to designate "No parking" on 41st Avenue for 30' west and 30' east of Maureen Drive based on the recommendation of the Traffic Commission. KH:jb COUNCIL ACTION: -65- CITY COUNCIL LETTER Meeting of: 8/14/06 AGENDA SECTION: 5~A-(O ORIGINATING DEPARTMENT: CITY MANAGER RECREA TION ITEM: School District Rental of Preschool Room at Murzyn BY: Keith Windschitl BY: Hall DATE: 8/8/06 DATE: Background: The City Manager spoke with the Superintendent of the School District regarding the issue of charging for the space of the preschool room. The City Manager made her aware of the cost of operating and maintaining the preschool room located in Murzyn Hall. The Superintendent is aware that charges may be forthcoming and she understands the reasoning of this decision. Staff has to put together cost estimates for the use of Murzyn Hall space by the District #13 preschool program. This program meets in the lower level of Murzyn Hall Monday through Friday from September through mid- May. To come up with an amount I have taken the budgeted cost per square foot from the proposed 2007 lPM Space Allocation chart (see attached). This is $11.66 per square foot. This cost is used to charge specific departments for use of space for their specific time and programs. An example of this would be the senior citizen program. This budget pays for 60% of this space. The Recreation Department office is also another example. Each department budget pays for a portion of office space. The space used by the preschool program is approximately 1,288 square feet for just the classroom and storage areas they use. The total cost for this space would be $15,018.08. This estimate does not include their use of the main hall for their annual graduation ceremonies and holiday programs; their use of the kitchen for special projects; or the use of the Edgernoor Room for their arumal circus and playtime. These events and programs also require practice time when the rooms are used. Murzyn Hall custodians are responsible for set-up, take down and clean up required for the special events. They also maintain this room on a daily basis. The preschool program also uses the Recreation Department copier. As of the first five months of this year the teachers have accumulated a total of 1,550 copies made. As this is about 10% of our use, it may be appropriate to charge them for 10% of the copier maintenance agreement. This would be approximately $60.00. This does not include the cost of paper being used. The total yearly estimated amount would be $15,078.08 for the preschool's usage of Murzyn Hall for 2007. RECOMMENDED MOTION: Move to charge the Columbia Heights School District for the use of the Preschool room at Murzyn Hall starting in 2007. COUNCIL ACTION: -66- Main Rec. Pre- Youth Bath- Senior Stairs Total Sq. Ft. x Hall Kitchen Bar Keyes Gauv. Office School ,...oungE Booste Edge. Prest. Storage Rooms Mech. M/M Center & Halls Sq.Ft. $11.66 )q. ft. in rooms 4791 816 1691 333 481 720. 943 50.7 364 1559 525 1374 850. 10.74 897 1364 3874 22163 ~ec. Admin. 40.% 1% 20.% $3,289 r outh Athletics 10.% 15% $3,241 'dult Athletics 10.% 15% $3,241 routh Enrich. 2% 10.% 50.% 50.% 15% 10.% $17,560. " raveling Ath. 10.% 15% $3,241 "rips&Outings 10.% $840. ienior Citizens 5% 10.% 1% 10.% 60.% $14,832 IPM 30.% 30.% 30.% 20.% 30.% 10.0.% 10.0.% 10.0.% )als 6% 6% jon's 8% 8% 8% 300sters 2% 2% 2% 10.0.% 5% ~ed Cross 2% 'noka County 0..5% 3-Ball Assoc. 2% 2% ~omm. Dev. 0..5% 5% =ire Dept. 0.5% 1% 1% ~oyalty 2% 3% 3% 5% )ublic Works 2% 10% )01 I Dept. 5% No ~ 1 Today 2% 5% 5% 20.% :H _'-.10015 5% 5% 5% 10.0.% 5% IIINoYouthAth. 3% ... ) & R Comm. 5% -1uset Neigh. ...... 2% :harter Comm. 5% laluesFirst 2% ,ACA 0..5% 0..5% 0..5% )Id Timers 0..5% 0..5% 0.,5% roastmasters 5% JFL Senate 5% Nrestling Asc. 0..5% 0..5% 0..5% raste of Hgts 0..5% 0.;5% 0..5% -list. Society 5% IFW Post 230 0..5% rri-City Hockey 0..5% 0..5% 0..5% 1% k All-Night 1% 1% 1% 1% 1%} 1% 1% 1% 1% -1uman Comm. 5% ,ister Cities 0..5% 0.,5% 1% -IRA 5% 3irl Scouts 10.% 5% lacant 25% 36% 42.5% 47% 58% 99% 44% 39% 67% 13% TOTALS: 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% ESTIMATED JPM SPACE ALLOCATION COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: Au ust 14, 2006 AGENDA SECTION: Items for Consideration NO: S- A - II ORIGINATING DEPARTMENT: Community Development ITEM: Case No. 2006-0801 Minor Subdivision and variances located at 1853 - 39th Avenue. BY: Jeff Sargent, City Planner DATE: August 9,2006 BACKGROUND: At this time, Mr. Hansen is requesting a minor subdivision (lot split) to create two lots (Parcel A and B), located at 1853 - 39th Avenue NE. In association with the lot split, the applicant is also requesting three (3) variances. The first is a 13-foot front yard setback variance per Zoning Code Section 9.109 (C). The second is a 2.8-foot side yard setback variance per Zoning Code Section 9.109 (C). The last is a l.4-foot rear yard setback variance per Zoning Code Section 9.109 (C). The resulting parcels in the proposed lot split will meet the minimum standards for properties located in the R2-A District for lot area and lot width. The existing house on the parcel will require three setback variances when the lot split is complete. They setbacks for the existing house and required variances are as follows: Front Yard: Side Yard: Comer Side Yard: Rear Yard: 10.0 feet (requires a 13-foot variance) 2.2 feet (requires a 2.8-foot variance) 33.0 feet 22.5 (requires a 1.4-foot variance) It should be noted that the requirements for the front yard and rear yard setback variances are due to the reorientation ofthe lot when the lot split is completed. Previously, the property containing the house was oriented north and south, with the front lot line abutting 39th Avenue. V/ith the proposed lot split, the lot containing the house will be reoriented, with the front lot line abutting Arthur Street. This changes the western property line from a side lot line to a rear lot line as well. The reorientation of the lot causes setback issues, even though the existing house will not be moved. RECOMMENDATION: The Planning Commission held a public hearing on August 8, 2006 and recommended that the City Council approve the minor subdivision and variances, with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-101, there being ample copies available to the public. Move to approve Resolution No. 2006-101, approving a minor subdivision at 1853 - 39th Avenue NE, subject to the conditions stated in the Resolution. Move to waive the reading of Resolution 2006-102, there being ample copies available to the public. Move to approve Resolution No. 2006-102, approving a 13- foot front yard setback variance for Parcel B, a 2.8-foot side yard setback variance for Parcel B and a l.4-foot rear yard setback variance for Parcel B for the property located at 1853 - 39th Avenue, subject to the conditions stated in the Resolution. -68- Attachments: Resolution No. 2006-101,Resolution No. 2006-102, PlanninJ! Revort, Application Materials COUNCIL ACTION: -69- RESOLUTION NO. 2006-101 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR JACK HANSEN WHEREAS, a proposal (Case No. 2006-0801) has been submitted by Jack Hansen to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1853 - 39th Avenue NE EXISTING LEGAL DESCRIPTION: Lots 2 and 3, combined, Auditor's Subdivision of Walton's Sunny Acres 3rd Addition, Anoka County, Minnesota, except the west 180.00 feet thereof, and also excepting the north 75.00 feet of said Lot 2. PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. -70- Resolution No. 2006-101 Page 2 8. The proposed subdivision meets all of the design standards specified in the 99.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of$4,157.28, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall move the deck, pool and storage shed located on Parcel A into setback compliance on Parcel B, or remove them entirely from the property prior to the issuance of a building permit for the new house on Parcel A. Passed this _ day of August 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -71- RESOLUTION NO. 2006-102 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JACK HANSEN WHEREAS, a proposal (Case # 2006-0801) has been submitted by Jack Hansen to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1853 - 39th Avenue NE. LEGAL DESCRIPTION: Lots 2 and 3, combined, Auditor's Subdivision of Walton's Sunny Acres 3rd Addition, Anoka County, Minnesota, except the west 180.00 feet thereof, and also excepting the north 75.00 feet of said Lot 2. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 13-foot front yard setback variance per Code Section 9.109 (C), a 2.8-foot side yard setback variance per Code Section 9.109 (C), and a l.4-foot rear yard setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. - 72- Resolution No. 2006-102 Page 2 FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: I. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. Passed this _ day of August, 2006 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -73- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0801 DATE: July 20, 2006 TO: Columbia Heights Planning Commission APPLICANT: Jack Hansen LOCATION: 1853 - 39th Avenue NE REQUEST: Lot Split and Variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Mr. Hansen is requesting a minor subdivision (Jot split) to create two lots (Parcel A and B), located at 1853 - 39th Avenue NE. In association with the lot split, the applicant is also requesting three (3) variances. The first is a 13-foot front yard setback variance per Zoning Code Section 9.109 (C). The second is a 2.8-foot side yard setback variance per Zoning Code Section 9.109 (C). The last is a 1.4-foot rear yard setback variance per Zoning Code Section 9.109 (C). PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan designates this area toward Low Density Residential. The proposed lot split will recreate two parcels that meet the City's minimum lot area and lot width requirements for the One and Two Family Residential District. For this reason, the proposed action would be consistent with the Comprehensive Plan. Zoning Ordinance The property at 1853 - 39th Avenue NE is zoned R-2A, One and Two Family Residential, as are all the properties in the surrounding area. The proposed lot split is required to meet the minimum lot area, lot width and setback regulations as outlined below: Lot Size. The minimum lot size in the R-2A District for single-family dwellings is 6,500 square feet in area. The proposed lot split will create two separate lots, Parcel A and Parcel B. The proposed Parcel A will have a lot area of 7,147.8 square feet, which -74- City of Columbia Heights Planning Commission 1853 - 39th Avenue NE August 8, 2006 Case # 2006-0801 meets the minimum lot size standards. Proposed Parcel B will have a lot area of 8,823.4 square feet, also meeting the minimum lot area standards. Lot Width. The minimum lot width in the R-2A District is 60 feet. Parcel A will have a proposed lot width of 60.00 feet and Parcel B will have a proposed lot width of 74.12 feet. Both of these widths meet the minimum lot width standard for the district. Setbacks. The minimum setbacks in the R-2A District are as follows: Front yard: Side Yard: Corner Side Yard: Rear Yard: 25 feet 5 feet 1 0 feet 20% of lot depth At this time, the applicant has submitted a plan indicating a possible building pad for the new house proposed for Parcel A. The proposed site would meet the City's standards for setback purposes. The proposed lot split, however, will cause the existing house on Parcel B to become non-conforming for setback purposes. The existing house will have the following setbacks when the lot split is complete: Front Yard: Side Yard: Corner Side Yard: Rear Yard: 10.0 feet (existing, but requires a 13-foot variance) 2.2 feet (requires a 2.8-foot variance) 33.0 feet 22.5 (existing, but requires a 1.4-foot variance) It should be noted that the requirements for the front yard and rear yard setback variances are due to the reorientation of the lot when the lot split is completed. Previously, the property containing the house was oriented north and south, with the front lot line abutting 39th Avenue. With the proposed lot split, the lot containing the house will be reoriented, with the front lot line abutting Arthur Street. This changes the western property line from a side lot line to a rear lot line as well. The reorientation of the lot causes setback issues, even though the existing house will not be moved. The proposed Parcel A currently has a pool, deck and storage shed on it, for the use of the existing house. When the lot split is complete, the applicant will be required to either move these structures into setback compliance on Parcel B, or remove them entirely from the property. Park Dedication. The park dedication fee for Parcel A will be $4,157.28, to be paid upon final approval of the lot split. FINDINGS OF FACT (minor subdivision) Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: -75- Page 2 City of Columbia Heights Planning Commission 1853 - 39th Avenue NE August 8, 2006 Case # 2006-0801 a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two new parcels. b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of this subdivision. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. When complete, the two properties will comply conform to lot area and width requirements established for the R-2A zoning district. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided. f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is an accurate statement. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. FINDINGS OF FACT (variances) Section 9.104 (G) of the Zoning Ordinance outlines 5 required findings that must be met in order for the City to grant a minor subdivision (lot split). Response (1) will be for the 13-foot front yard setback variance, response (2) will be for the 2.8-foot side yard setback variance, and response (3) will be for the 1.4-foot rear yard setback variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. (1) The current property is oriented north and south, with the front lot line abutting 39th A venue. With the proposed lot split, the lot containing the -76- Page 3 City of Columbia Heights Planning Commission 1853 - 39th Avenue NE August 8, 2006 Case # 2006-0801 house will be reoriented, with the front lot line abutting Arthur Street. This changes the eastern property line from a comer side lot line to a front lot line. The change in classification results in the requirement to meet stricter setbacks. The existing house will not be moved from its current location on the property, so the land use action causes the need for the front yard setback variance. (2) In order for the applicant to maintain a 60-foot lot width for Parcel A, the new proposed lot line was placed 2.2 feet from the existing house on Parcel B. The required side yard setback for the existing house on Parcel B is 5 feet. For this reason, a 2.8-foot side yard setback variance is required. (3) The current property is oriented north and south, with the rear lot line abutting the property to the north. With the proposed lot split, the lot containing the house will be reoriented, with the rear lot line abutting the property to the west. This changes the western property line from a side lot line to a rear lot line. The change in classification results in the requirement to meet stricter setbacks. The existing house will not be moved from its current location on the property, so the land use action causes the need for the rear yard setback variance. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. All three variance requests are generated because of the placement of the existing house on Parcel B. If the house were not on the property, the applicant would not require any variance requests in association with the lot split proposal. There could be other situations of this happening throughout the city. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (1) The hardship is caused by the reorientation of the property, based on definitions of the City's Zoning Code. (2) The house was placed on the property prior to the applicant having legal interest in the property. (3) The hardship is caused by the reorientation of the property, based on definitions of the City's Zoning Code. -77- Page 4 City of Columbia Heights Planning Commission 1853 - 39th Avenue NE August 8, 2006 Case # 2006-0801 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of all three variance is in harmony with the comprehensive plan for both of the requested variances because of the property's low- density status. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The existing house will remain in its current location. The applicant's intentions are to reside in the newly constructed house to the north. All three variance requests will not be materially detrimental to any party because the existing house is located on a comer lot, and the applicant will occupy the newly constructed house. RECOMMENDATION City Staff recommends the Planning Commission recommend that the City Council approve the lot split with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,157.28, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall move the deck, pool and storage shed located on Parcel A into setback compliance on Parcel 8, or remove them entirely from the property prior to the issuance of a building permit for the new house on Parcel A. City Staff recommends the Planning Commission recommend that the City Council approve the 13-foot front yard setback variance for Parcel 8, the 2.8-foot side yard setback variance for Parcel 8 and the 1.4-foot rear yard setback variance for Parcel 8 with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Attachments: Draft Resolutions, Location Map, Property survey, Applicant narrative. -78- Page 5 1853 - 39th Avenue NE 4UI~ .... .... .... .... \ "tu ""TV Z 401f eX> eX> (0 (0 - N N 0 .... 4007 4008 2 N (f) 4011 .... (0 01 .... 4009 4008 4009 N W .... <( 0 CD 01 ~ 40051 N 4001 4000 """') w 4001 4000 Z 2201 I W 40TH AVE co 3991 3983 3972 N N N N 0 0:::> .... .... .... .... .... .... I- .... .... .... .... 0 0 eX> eX> eX> (0 (0 CD I- 3977 0 0 .... N C\l C\l 3985 .... N N 0 .... N (f) 0 eX> 0) ~ C\l ~ 0 eX> eX> 0) 0 (f) 3966 C\l 3979 .... 3971 - -- CD - 0 3960 N N N LD ...... 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'-'A..\L. ~ \~ <:'0'-1<:.. f ~I () .J ~, I dl ~I ) I rl .fI LUI 11 L -\_ I' - "- \ I ') .. J V o ..1l. J I \ \ C,.\-'P" CERTIFICATE OF SURVEY (MEASUREMENTS SHOVN IN FEET ANO DECII./JILS OF A FOOT! KURTH SURVEYING. /NC. 4002 .EFFfRSOI/ ST. N.f. COClJBA 1l.lGHTS, /.fI 55421 PHOIC 176J) 7Il8-97B9 fAX 176J) 7Il8-7602 (-),fAIL, KURTHSURV(YOAOL.CO/,/ 'RG'-lI'Jr.::. \) '3,?\.O<o " Ila....Vo';oG. ~ \-\,o"",,s. 1;)1""'<;, - 1-0\ '-0'/"'12."''=1'" '2.0 DATE Al'R\LZ..S,Cb o . IRON MONUMENT Cl.r-.C.HA.I"-I. 1..114 j(. Fl!.NC.e:. o SC^LE I N FEET 'I 1_- \.D W.::,<=\' C) 1-"'4.':;- ~ '1.'1.'-1 ~ c:.L-~ , , \ ...,q\ so' i-' ~OVO?c:. \) 1,0' ;J -;:r- Kav<;,t:: -:.:- ,.I 0 .J () " c:; ~ j> J v 'A" '" n ,b,. c.. \-\ i2 \) l:l ~ Il:..~~ \::. l'"oPora!:. t>~I'l.~ - Cr' \ '0.1- \ \ .- "" ..j. ,.... ;'.l V- 0.....'1' ~ )6.0 ~ l~ 11-:, '" ,.J ,........ / ~ "- 'vI 'It. ,,'1-'~ Q::... tfJ J () r" '& r/I Z.1..'7'o\- ~ 5-:, ~ '" r- ~.......... ,j.. I I O!l ,.l '" I "bl 58 ,? ~ '?Q, ~,.. \ 'O'l Lf;!;' ':><0>. c...,.. '1..\"1", l!l rJ. ::I oJ r-Y1 ? - ~ 0 j vJ {J j 1"- \f} J ::J 1 ~ 4 EX! STING lJESCRIPnON ~ots 2 and 3, Block 3, Carib/ned, Auditor's Subdivision of Woltons Sunny Acres 3rd Addition, Anoka '::ounty. Minnesota, except the west /80.00 feet thereof, and also excepting the north 75.00 feet of said Lot 2. . 39\ I.l.. ~'J~' ~. S ~ (.,0 .(<....,1 w L- '1\" ..J The north 60.00 feet of the following described property: Lots 2 and 3. Block 3, cOrlblned. Auditor's Subdivision of Waltons Sunny Acres 3rd Addition, Anoka County, Minnesota. which lies easterly of the west 180.00 feet thereof, and which also lies southerly of the north 75.00 feet of SOld Lot 2, Block 3. . B " That part of Lots 2 and 3. Block 3. cOrlblned. Auditor's Subd-80- of Woltons Sunny Acres 3rd Addition Anoka County, Minnesota. which lies easterly of the west 180... ,..;t thereof. and which also lies southerly of 0 line, /35.00 feet south of the north line of said Lot 2, Block J. \ \"'1 ,\~ June 30, 2006 City of Columbia Heights Dear Sir or Madam, I am requesting a lot split so that I may be able to build a single family home that I would occupy. I have lived in Columbia Heights all of my life and would like to stay in this city. I currently live in a two story home, at 1853 39th Ave NE. I'm beginning to have a difficult time climbing the stairs do to medical reasons. The home that I plan to build will be a single family, one level home, without a basement. The size of the proposed lot is comparable to the other homes in the neighborhood and conforms to the city zoning ordinances. The size and style of the home is similar to homes around me. The house would blend in nicely with the existing homes in the neighborhood. Thank you, Jack Hansen -81- June 30, 2006 City of Columbia Heights Dear Sir or Madam, In order to comply with the city zoning ordinance, I would like to request a variance regarding my property at 1853 39th Ave NE. I am also applying for a lot split and because of the placement of my current home on the lot, I am requesting the variance. The side yard setback is 2 ft, 2 in, from the comer of the garage to the proposed lot line. (See Survey). The city zoning ordinance is a 5 foot set back. The second request is for the rear yard setback. The depth per ordinance should be 23 feet 8 inches. The actual rear yard depth is 22feet, 5inches. A difference of 1 foot, 3 inches. The placement of the existing home creates conditions beyond my control to comply with the setbacks required by the city. The property complies with all of the rest of the city's single family home zoning ordinances. The variances are minor and have absolutely no affect on the appearance or use of the properties that are adjacent to mine. Thank you, Jack Hansen -82- COLUMBIA HEIGHTS CITY COUNCIL LETTER eetmg 0 : ugust , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ,C:-A-~~ Community Development APPROV AL ITEM: Case No. 2006-0802 Conditional Use Permit BY: Jeff Sargent, City Plann~ By:i!;;/f//J- for an Assisted Living Facility at 4025 University DATE: August 9, 2006 A venue. M fA 14 2006 BACKGROUND: The property located at 4025 University Avenue has been the site of a daycare facility for the past several years. Recently, the daycare center has vacated the building, leaving the building vacant for the past several months. At this time, Helen Nwameme is requesting a Conditional Use Permit (CUP) to convert the daycare center into an assisted living facility for the elderly per Code Section 9.109 (G)(3)(i). Erenas, Inc, will be providing the services for the assisted living facility. They will provide the residents with: Three meals a day served in a common dining area, Housekeeping services, Transportation services, Assistance with eating, bathing, dressing, toileting, and walking, Access to health and medical services, 24-hour staff availability, Emergency call system for each resident, Medication management, Personal laundry services, Social and recreational activities, and Case management. The majority of the facility's clientele will be the elderly, and people with medical needs. This would include people with physical and mental handicaps and people needing assistance with other medical needs. The facility will not be a refuge for sex offenders or people with severe psychological problems. There will be two full time staff members and two part time members at the site at all times with 3-4 shifts. RECOMMENDATION: The Planning Commission held a public hearing on August 8, 2006 and recommended that the City Council approve the minor subdivision and variances, with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-103, there being ample copies available to the public. Move to approve Resolution No. 2006-103, approving a Conditional Use Permit for an Assisted Living Facility located at 4025 University Avenue, subject to the conditions stated in the Resolution. A h R I . M 2006 103 PI R A r Me . I ttac ments: eso utlOn o. - , anmnJ<. eport, lpp, lcatlOn atena s COUNCIL ACTION: -83- RESOLUTION NO. 2006-103 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ERENAS, INC. WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0802) has been submitted by Helen Nwameme ofErenas, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4025 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an assisted living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger offire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE iT RESOLVED by the City CouncH of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public -84- Resolution No. 2006-103 Page 2 facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached"conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (J) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS A TT ACHED: 1. All required state and local codes will be met and in full compliance. 2. All required state and local licenses will be obtained prior to the operation of the business. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. No more than six (6) residents shall reside at the premises at any given time. Passed this _ day of August 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -85- Resolution No. 2006-103 Page 3 -86- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0802 DATE: August 8,2006 TO: Columbia Heights Planning Commission APPLICANT: Helen Nwameme (Erenas, Inc.) LOCATION: 4025 University Avenue REQUEST: Conditional Use Permit for Assisted Living Facility PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The property located at 4025 University Avenue has been the site of a daycare facility for the past several years. Recently, the daycare center has vacated the building, leaving the building vacant for the past several months. At this time, Helen Nwameme is requesting a Conditional Use Permit (CUP) to convert the daycare center into an assisted living facility for the elderly per Code Section 9.109 (G)(3)(i). Erenas, Inc, will be providing the services for the assisted living facility. They will provide the residents with: Three meals a day served in a common dining area, Housekeeping services, Transportation services, Assistance with eating, bathing, dressing, toileting, and walking, Access to health and medical services, 24-hour staff availability, Emergency call system for each resident, Medication management, Personal laundry services, Social and recreational activities, and Case management. The majority of the facility's clientele will be the elderly, and people with medical needs. This would include people with physical and mental handicaps and people needing assistance with other medical needs. The facility will not be a refuge for sex offenders or people with severe psychological problems. There will be two full time staff members and two part time members at the site at all times with 3-4 shifts. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides this area towards Transit Oriented Mixed-Use Development. This classification focuses on the commuting needs of Columbia Heights -87- City of Columbia Heights Planning Commission Erenas, Inc. - Conditional Use Permit August 8, 2006 Case # 2006-0802 residents, combining a high percentage of service-oriented commercial/retail development wit high-density residential development. The assisted living facility is a high-density residential use, and is consistent with the Comprehensive Plan for the area. Zoning Ordinance The property is zoned R-3, Multiple Family Residential, as are the properties to the north, east and west. The property to the south is zoned GB, General Business, as is the location of the Marathon Gas Station located on the corner of University Avenue and 40th Avenue NE. The R-3 District allows assisted living facilities as a Conditional Use. PARKING. The Code requires 1 parking stall for every 2 housing units for an assisted living facility. The proposed plans indicate that there would be no more than six (6) residents living in the building, with six (6) bedrooms. The Code also requires one (1) parking stall for every 300 square feet of office space provided. The plans indicate 270 square feet of office space, requiring one (1) parking stall. In total, four (4) parking stalls would need to be provided. The applicant indicates that there will be 14 parking stalls on site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The proposed use is specifically mentioned as an allowable Conditional Use in the R-3, Multiple Family Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use is in harmony with the general purpose and intent of the comprehensive plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The use will be located in an existing building along University A venue. The assisted living facility would house elderly people in need of care, who typically do not have disturbing influences on neighboring properties. -88- Page 2 City of Columbia Heights Planning Commission Erenas, Inc. - Conditional Use Permit August 8, 2006 Case # 2006-0802 (d) The use will not substantially diminish the use of property in the immediate vicinity. There are no proposed additions to the existing structure. This should not diminish the use of properly in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Erenas, Inc. will be conducting the business at this location. They have assured staff that they will run the facility in a manner that is compatible with the appearance of the existing character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The use and properly upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The City Engineer has reviewed the proposed plans and did not have any issues with traffic congestion. Typically, this type of use does not generate an excess amount of traffic in the area. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The proposed assisted living facility is permitted as a Conditional Use in the District it is located. It is intended that the use will not cause a negative cumulative effect on the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which it is located. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for an assisted living facility, subject to conditions of -89- Page 3 City of Columbia Heights Planning Commission Erenas, Inc. - Conditional Use Permit August 8, 2006 Case # 2006-0802 approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for an assisted living facility located at 4025 University Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes will be met and in full compliance. 2. All required state and local licenses will be obtained prior to the operation of the business. 3. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 4. No more than six (6) residents shall reside at the premises at any given time. 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S l ",",,,,tj"l1 Map -91- 4144 4136 4128 4124 4120 4118 4114 4110 4106 4102 4056 4048 4044 4040 4036 4034 4030 4026 4022 4018 4012 4008 4002 4000 - 40 1-- CJ)~ ~ 40 I-- ~ ~ ~ ~ ~ 40 - ?: 5 (0_ r- 81506 ~ CJ) ~9roC?J SA\. ~ ~ if5, ~ <Yo '?'%> ~~ ~ l7' 'Vl7' 0 W J>. J>. J>. J>. ~ J>. 432 o 0 - Ni--- o J>. co co 3980 3974 WWJ>.J>.J>. ~ :!:j z;l ~ ~ 3970 3966 \ 3923 \ 3915 ~ PL ~ ~ IS U' "'.>- U' ~ & ~ &l?9 ~ & 1&- /// ~ 3962 3952 3948 3800 01 o o F~ '-'" .I ~~ __ = s....,.:., ~j, " " UN! l/6R...S IT AvG'JUc " f ... : -,. +,:"-'.' i .I i i 'I I I j i I i t- ~ r -". "7 --i /' I I / ! r ~--b. , i I I I \,. 'i ! i j I . ~ } (1 ~ Ii ~ ~.' ~ ;~~ ~ ~_.. -. v o II I' i i I .1 ~ t: ~ .~ ~ ~ ~ ~:', ",' -92- . ~~ '.... . f ' I ,<~':l': , CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION ATTACHMENT; Reason for Request: Erenas, Inc is very interested in utilizing the property listed above for the proposed purpose of a Assisted Living Facility. Assisted living is a special combination of housing, personalized supportive services and health care designed to meet the needs - both scheduled and unscheduled - of those who need assistance with activities of daily living. A typical assisted living facility does not need the intensive care of a nursing home but prefers more companionship and needs some assistance in day to day living. The services Erenas is looking to provide within the Assisted living residences is as follows: .:. Three meals a day served in a common dining area. .:. Housekeeping services. .:. Transportation services. .:. Assistance with eating, bathing, dressing toileting and walking. .:. Access to health and medical services. .:. 24-hour staff availability. .:. Emergency call system for each resident. *** .:. Medication Management. .:. Personal Laundry services. .:. Social and recreational activities. .:. Case Management. (Formal services planned by care professionals). .:. Many ALF's also serve the needs of the mentally ill community. Erenas is looking to house approximately six consumers and 1 emergency bed, which will also include six bathrooms and a commercial kitchen, office set-up, lunch area and dining area and a patio area. Our vision at Erenas is to acconmlodate a great facility with several renovation ideas designed with an emphasis on ease of use by disabled people. Bathrooms and kitchens will be designed with wheelchair and walkers in mind. Hallways and doors are extra-wide to accommodate wheelchairs Erenas, Inc. is greatly looking to reduce the isolation that elderly, disabled or handicapped people suffer when living alone and who are afraid to leave their homes.(usually for physical reasons). The socialization aspects of Assisted living facilities are very beneficial to the occupants. Erenas is looking to have many activities scheduled for the occupants, keeping in mind different disabilities and needs. The property of interest is a great location due to the accessibility to many shopping needs, dining-out and social entertainment; also the convince of Metro Transit bus route for others. Please, if you should have any further questions please feel free to contact me at 612-998-6487. Thank you, @ f<€e;p(e (jJ ~/ltff ~ fJl -f-i ~ 6) ~3-+- + ( V\A.-~ Helen Nwameme \0 *'" f ~HD_H_HlIBDlDlMIl_HHIj I MINNESOTA DEPARTMENT OF HEALTH! HEREWITH GRANTS A LICENSE TO ~ . -, ~ I .~,"nfF "':.: .. ~ ...1\" 1','~" -.~" "- t ,. . ~..''\)\~: ,"":. , r - -... ;-. ..:........4 .......... (Licensee) EBENAS, ruc :,",,~;,..~'.::: "I' ;' ,., - ~".'.' ','t_ . '. .~ ... (-' ~ to operatlt the ERENAS , mc ~~)',' . ~ ' >\ . ~);~ . :',:,,-;\ ..(.. . :." :", . - ... -.,' '."-, I .Iocated..t 2931 EAST .~t~E: S;~I,~O~"t-S1 MN, 55406 . for the fOIlOWi~~;:?:. .~~~' ~ ':,: ~c:.:? ,l~: - .,' ~ .-~t: Issued at St. Paul, Minnesota ~ ASSISTED LIVING HO~~'~:l:P~?YP>~ ,,:!:~- .~~; ~>~< : "J\', . '.: ~"'.' {-~f';.I. . Effective Date: 01106/2006 ~ :-1 :7,'i-' . . , . _ . : '_;,/~;;<-- . 51 -:.~ -'-/i,,',0" -, - - ExpIraIlon 0".'07/05/2007 . ~Not r".....ferabl.. as Dianno Mandsrnach ~ . to L1C4!ln.See Commissionl!l Ie ~ ~~~~ . ~ S 333051 ~ grl.B_~H___I1_HR~ l' l' r \0 !J1 aDDO_ml._ ~lE' ,-:-..... ~~ \_..i.ll "'i~~;' , "1;:" ...".. '. -.. .:U p &._ JJ> .. . - "~-.;r, ERENAS, :INC.,~ ;"',"'<~...IFlii ,....1-}f>. ERENAS me ;;('~}:_ =':":~!~ 2931 BAST '~-S'.tRll~l'i. '~~lSl SERVP~~i;~~7? ;i;,: ;~~~~%~. . 'tl ..J: ~ ~ ,....:..., ...."". - -r J.G3t~ II . (Registrant) .to opente the Ilocated at for the following HOUSING WI:'lK . . INot Transferable as Dianne MAndernach to Reqistrant or Location Carnmi&,lonet ttE..,or-W-lQl.:v IQ,OO) 333273 .W.RBRBRRBHRRBRBHW_~RRR~~ MN, 55406 Issl,led at St. Paul. Minnesota Effective Dale: 08/01/2006 Explralion Dale:07/31/2007 ) J i ,~ ~ - ---- -- - - - -- - lff' - ~;::::' , 1--' --- - ~ . '.-'- -,-- : , -' . :0:, ',: - c- .~. _, .. ._~ "'-'~. ~ -.:= -~ -- ----'---- ----- -------=----..":: . ':""::.:.:. -,.~:.3' fCzssion c3tatementk jenas, Inc. we are committed to providing a posi- quality of me experience wh~e afffming each iOn's right to choose and realize their individual k. This includes- where and how they learn, ,and socialize. Erenas, inc. believes in meeting changjng needs of the dient and the senlice Jstry. JhzlOsopny ~ /. ~ ni1S I~,,:. is geared toward a client centered ap- ad ~ the delivery of quality services and in the - llelll~,talion of the Individual Support Plan. commit ourselves to meeting the needs of nls. the maintenance and restoration of health, ongoing prqgramming foT independent skil! relopment and the management of maladaptive lavior. f1nnly believe the delivery of service given in least restrictive environment be it physical, ntal or emotional, can minimize the effect of ,bility and encourage a sense of independence. are dedicated to providing a response to the ~r\vhelming need for normafized quality care in a t effedive marmerwhich is appropriate, effective I efficient OurcEtaff The staff at Erellas indude individuals with extensive experience and knowledge in providing rol1lm~. nily living supports to people will( d~velopme~ disabilities and physiG1l challenges. ~ OUT administrative persOnnel have direct seMce and management experience. Our staff are skilled and experienced in successfully planning and implementing n~ services and transi- tions. Erenas ~ committed to working cooperalively with dients, agencies, families, and case managers to best meet the unique overall needs of each indi- vidual we serve. Our professionalSIaff work together with individuals and famnies to provide CGrelully planned daily living activities, social skills, community integration, recre- alion and leisure interest. We support academic and independent living skil~ induding; time and money management - transportation training, domestic tasks, problem solving and personal hygiene. Ereflas is sensitive to diflerent cultures. Our pro- grams are designed to fit the unique, needs of the individual, to promote indepffldence and to support the attainment of. Home care Services. Cleome ~yar~ ~eJJ't'c~ l;~ Private D,utv,N~H5e.s "/ PCl\s ~~~ , - &ainta}'~in9 a saje atuf nealilijU(en'Pironmenifor , clients is fmportant to us. ; ~ ,-, '.'''''-,', '~'~<-"-,""""'~"'--~' -------...,--.-...-- ",:', ~~: . '.', . ,,":,.. '.", ~ ' ,'",:' """-"'~"""-"'" '':~-",,,,,:_,,--'''''--'''----'''...........'; " . . .. ......<:. ", -'\. ' . ..... .. .. . .._.~.._--_.----_._.- '..' ....--. ". ---.... '0') ..5, ,~' .-- --..' 1:. '1, ~. , .: 'lit';. , .~: a.~ :. i,:' ,;. . ""., ";, '. E: . . " lIII _ ... ..' . .~...', - , :tM},.&~ . f:;' .,':;:- -' ~-<-~~>.~-, ...' e. ..II~ a~ .. Ii .. ,:it! I ul'~' ,'12'. ' . ,~.~ . '.0.. ~:',: " I i '. .......:. c:: .Q.) '. E .' CI.> '\ ..........,. ~ . '" ',' .., ~ .".~. t::::::J- ''\. .~..,-... ,,~. c::: "'S . "', ::::::> . .'- .~CI).~ " >.-~---' -- ~nas, <Pnc. 2931 East lake Street Minneapolis, Minnesota 55406 I-------_.._-----_._..._~._.- ~'~i....,,___:.,...-~ I L tsullulng lor ~ale . 3,804 Square Feet . Year Built: 1979 . 2005 Taxes: $6,400 . Lot Size: 100 x 134 . Zoned R-3 . PID 35-30-24-31-0147 . 10+ space parking lot 4025 University Ave NE Columbia Heights, MN 55421 "'\ ,- - ,'':;- ~:~ 0:-:, _~=_;~~~~~~~ ~';r' - ~.;.- \ \ ... L 1; , I~ II Formerly used as a daycare this property has many potential uses. The building has 6 bathrooms and a full kitchen. The 1/3 acre lot has a large fenced backyard, a fenced front yard and a large side parking lot. #,...""" .f--1' / ,\ r' t ' I iI A./ " I' , ' (,;1 I' 1/. I, ,,:, J' , ! I ! J " For additional information or questions contact: Grant Kruckeberg 612-827 -7599 Office 612-387-5871 Cell . ' @ ill \ :\, JI -98- , 'c ~ ParkWay Real tyue CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: BY: Gary Gorman BY:J!#vr NO: 5-A-13 DATE: August 8, 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 August 14, 2006. COUNCIL ACTION: -99- Occupany I.D. 10144 30150 30180 34002- 34049- 20283 10038 20250 20013 12039- 34012 30158 30173 10050 10156 20046 20051 20218 12055 20420 30070 20040 20041 20042 20414 20000 20076 30010 12090 12134 10004 20238 12161 20315 30131 20100 10005 12118 20079 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Real Property Manangement Lynde Investment Company,LLP Lynde Investment Company, LLP C.H. Properties Nancy Abbott Mostafa Abdel-Kerim Jim Adams David Anderberg Shirley Apollo Alfonso Arellano Alan Avery Haji Azam Richard Berg Pam Bradshaw Brooke Carlson Angela D'Angelo Marilyn Dalseth Mohsen Dessouki Delanza Elliot Dan Erickson Michelle Ferreira Michael Fortier Michael Fortier Michael Fortier Michael Fortier Karen Frauly Karen Frauly Vicente Gavilan Gary George Roger Gillespie Zachary Grell Robert Koponen Dorothy Langie Larry Larson Ruth Lemke John Majewski David Nelson Janet Nielsen Erich Rice -100- Property Address 5019 WASHINGTON 4707 UNIVERSITY 4715 UNIVERSITY 4655 5TH 142942ND 3801 PIERCE 83841ST 97644 1/2 113245TH 943 42ND 4201 MONROE 4616 Tyler 4233 3RD 1121 39TH 3809 POLK 181541ST 4539 FILLMORE 4612 FILLMORE 112445TH 4701 5TH 4422 CENTRAL 1300 CIRCLE TERRACE 1308 CIRCLE TERRACE 1316 CIRCLE TERRACE 1313 CIRCLE TERRACE 4622 JOHNSON 4636 JOHNSON 3819 MAIN 95244 1/2 101042ND 2119 HIGHLAND 3930 JOHNSON 4527 Taylor 1087 POLK 4643 UNIVERSITY 3825 JOHNSON 3911 Tyler 65047 1/2 3940 JOHNSON 1"""\- ~_ ~ Occupany 1.0. 20318 12115 12136 12202 12137 12185 20104 10144 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Mahmoud Rifai Linda Rogers Patsy Sandsness Thomas Schlachtenhaufen Dwight Sonnenberg Joseph Sturdevant Ty Thompson Roy Waboose -101- Property Address 1069 POLK 1057 POLK 121443 1/2 4838 UPLAND 1111421/2 1043 POLK 4645 Taylor 5019 WASHINGTON CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL BY:~j/t~t -- ITEM: BY: Gary Gorman NO: 5-A-14-a DATE: August 8, 2006 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Julie Marsh to operate the rental property located at 4524 Monroe Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: -102- CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: BY: Gary Gorman BY:lftl/ NO: 5-A-14-b DATE: August 8, 2006 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Gary Anderson to operate the rental property located at 4630 Taylor Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: -103- CITY COUNCIL LETTER Meeting of: August 14, 2006 NO: 5-A-I5' ORlGINATING DEPT.: License Department BY: Shelley Hanson)jf\ ~/- DATE: August 8, 2006 AGENDA SECTION: NO: ITEM: 2007 Business License Fees BACKGROUND Attached are the proposed business license fees for the 2007 license year and a resolution for the same. License fees were last adjusted in 2000, except for three categories (Contractors, Cigarettes, and Motor Vehicle Sales) which were increased in 2004. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in line with surrounding communities. Staff have reviewed the fees for 2007, and recommend they remain the same as the fees charged for 2006. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2006- 100 public. , as there are ample copies available to the RECOl\11\1ENDED MOTION: Move to adopt Resolution #2006- 100 Schedule as presented. being a Resolution adopting the 2007 Business License Fee COUNCIL ACTION: attachments: Resolution 2006-100 Fee schedule -104- RESOLUTION NO. #2006-lQL ADOPTING 2007 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1,2007. Passed this _ day of ,2006. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Council Secretary -105- 2007 BUSINESS LICENSE FEES Effective January 1. 2007 through December 31. 2007. CATEGORY FEES ARTICLE SECTION Arcades/Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 IV 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) V 1 On Sale ($150 Inv. Fee 1st time appl.) $400 Off Sale ($150 Inv. Fee 1st time appl. $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Christmas Tree Sales (FI) (P&Z Comm) $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance )(Eng. Dept.) $25/each III 3 Games Of Skill (PD) $15/Location IV 4 Plus $15/machine Kennels, Commercial (PD) $50 VI 9 Plus, per cage $10 -106- Page 2 CATEGORY FEES ARTICLE SECTION Intoxicating Liquor Sales (PD, Fl, BI) Class A (Inv. Fee $500-$2000) $8,000 Class B (Inv. Fee $500-$2000) $6,500 V 3 Class C (Inv. Fee $500-$2000) $6,500 V 3 Class D (Inv. Fee $500-$2000) $8,000 V 3 Class E (Inv. Fee $500-$2000) $5,500 V 3 On Sale Wine (Inv. Fee $500-$2000) $2,000 V 4 Sunday On-Sale Liquor $200 V 6 Temporary On Sale (Inv. Fee $500-$2000) $100/day V 10 "Club On Sale Liquor (Inv. Fee$500-$2000) Per membership V 2 up to 200 members $ 300 201 to 500 members $ 500 501 to 1,000 members $ 650 1,001 to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 VI 12 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) $100 VI 12 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) II 9 First Metering Device $50 Each Add'l. Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) VI 4 A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 II 7 Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II 4 Pet Shop (PD)(Humane Officer) $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 -107- Page 3 CATEGORY FEES ARTICLE SECTION Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) $50 VI 8 Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal II 4 $300 $200 Secondhand Merchant Business ($5,000 Bond) $100 II 4 (Investigation Fee $100) (PD, Fl, BI) Exhibition/Convention/Shows/Expos($5,000 Bond) II 4 First Day $50 Each Additional Day $10 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) VI 13 Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II 3 $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $60 VI 10 LATE PENALTY ON ALL ANNUALL Y RENEWABLE FEES 1 -15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD BI S&H - ZA Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI PWD - CF AC Fire Department Public Works Dept City Forester Anoka County All New Licenses Must Have Zoning Administrator's Approval. -108- CITY COUNCIL LETTER Meeting of: August 14, 2006 AGENDA SECTION: 5--A-ILo ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROV AL ITEM: License Agenda BY: Shelley HanSOnp\/\ DATE: By:/~/:d; It NO: DATE: August 8, 2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the August 14, 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 Fonn 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 August 14, 2006 as presented. COUNCIL ACTION: -109- TO CITY COUNCIL August 14,2006 *Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG Seviola Construction Co. 19411 Rochester St, E. Bethel $60.00 *Barnes Plumbing Co. Inc 3923 Washington Ave No, Mpls $60.00 *R Miller Construction Inc 7671 Central Avenue NE, Fridley $60.00 *Northern Heating & AC 9431 Alpine Dr NW, Ramsey $60.00 *Ron's Mechanical 12010 Old Brick Yard Rd, Shakopee $60.00 * Adam's Anytime PI & Wtr Htr 13791 Jonquil Ln N, Dayton $60.00 -110- CITY COUNCIL LETTER Meeting of: 8/14/06 AGENDA SECTION: CONSENT NO: 5..- A - \1 ORIGINATING DEPARTMENT: CITY MANAGER PU BUC WORKS BY: K. Hansen\~ DATE: 8/10/0~ ITEM: TALL GRASS AND WEED ABATEMENT BILLING CHARGES Background: The Public Works Department conducts an annual enforcement service of tall grass and weeds under City Ordinance #151 1. The department manages the overall program and designates an inspector with an assigned inspection schedule. AIl abatements are conducted by a contract cutting service, for which the department annually obtains quotes. The contractor quotes are provided on a man-hour cost basis and the lowest bidder is awarded a contract. Following the City Ordinance for inspection and notification, a abatement is conducted. For each abated property, the City bills the property owner for expenses incurred. The billing rates have been established to recover the cost to the City for abated inspections. Establishing a 2-hour minimum rate (2x) has been used over the 15-20 years to provide an incentive for property owners to maintain their property. Ordinance #1511 was amended on June 12th, 2006 and the resolution for charges for services was inadvertently omitted. Analysis/Conclusions: The annual cost for an abatement contractor has historically been approximately $5,000 (2005 - $4,515 was spent). This does not include overall program expenses, as the 2006 Weed Control budget is $16,569. The City inspected 253 properties and conducted 43 abatements for a total of $7,232 in charges for 2005. Staff has reviewed City expenses and established a rate of$30 per site. This hourly charge is to cover staff time for inspections (minimum of 2) plus program expenses such as secretary time to generate notices, supplies used to send.notices and flyers, mailing costs and other costs. The revenue generated by abatement billings do not fund the program but are intended to cover the contractor and city cost spent on the non-compliant properties. The majority of the program has and will continue to utilize general funds to pay for expenses over the revenue generated from abatement charges. The 2006 abatement billings is a minimum of $120 per abatement based on a two hour minimum per lot. This charge includes the $30 per lot processing expense. If any property exceeds 2 hours to abate, the additional contractor costs are added to that specific property. Recommended Motion: Move to waive the reading of Resolution 2006-114, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2006-114, being a resolution authorizing Tall Grass and Weed Abatement charges using the rate of$60/hour plus tax, with a minimum of two (2) hours charged per abated property. KH:jb COUNCIL ACTION: -111- RESOLUTION NO. 2006-114 BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS TALL GRASS AND WEED ABATEMENT CHARGES WHEREAS, the City of Columbia Heights has adopted City Code Chapter 4, Article II, Section 4.203 pertaining to tall grass and weed removal and, WHEREAS, the City of Columbia Heights has the responsibility to enforce the City Code, NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights adopts Tall Grass and Weed Abatement charges, using the rate of$60 per hour, plus tax, with a minimum of two (2) hours charged and a $30 program expense for each property abatement service. Dated this _ day of August 2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -112- COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: NO: Consent 6 -A --( g ORIGINATING DEPARTMENT: Community Development ITEM: Approve Contract with Pro Source Technolo ies, Inc. BY: Robert Streetar DATE: June 29,2005 BACKGROUND In order to determine the extent of the contamination and the cost of remediation on the 39th and Central redevelopment site, a Phase 2 environmental site assessment (ESA) must be performed. Staff recommends the City Council approve a contract with Pro Source Technologies, Inc. for $62,745 to complete the Phase 2 ESA. The source of payment is a $47,059 grant the City has received from the Department of Employment and Economic Development. The balance will be paid from the $50,000 the City required the Nathe Companies to escrow with they sold the Burger King to the EDA. RECOMMENDATION: Staff recommends the City Council approve the contract with ProSource Technologies, Inc. RECOMMENDED MOTION: Move to approve contract with ProSource Technologies, Inc. for $62,745 for a Phase 2 environmental site assessment at 39th and Central. COUNCIL ACTION: -113- 9219 East River Road NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 WYNI.prosourcetech.com p~osou..ce TEeHNot.OiGilf:S. [He. February 15, 2006 Mr. Bob Streetar Community Development Director City of Columbia Heights 590 40th Ave NE Columbia Heights, Minnesota 55421 Re: Scope of Work and Cost Estimate Phase II Environmental Site Investigation, FFSIRAP 39th and Central Avenue Northeast Columbia Heights, Minnesota 55421 Dear Bob: As requested, ProSource Technologies, Inc. (proSource) has prepared a scope of work and cost estimate to conduct a Phase II Site Investigation, prepare a Focused Feasibility Study (FFS), and a Response Action Plan (RAP) for the 39th and Central Avenue Northeast property (hereon referred to as the "Site"). The purpose of the work will be to assist the City of Columbia Heights (City) with environmental issues related to the redevelopment of the Site. Phase II Environmental Site Investigation The objectives of the Phase II field investigation will be to assess and confirm the limits of the dump currently identified beneath the former Burger King property; further define the horizontal and vertical extent of the dump as well as soil and perched ground water contamination; evaluate potential treatment and disposal options; assess impacts to potential receptors; evaluate the potential for natural attenuation of impacts; and define the relationship between site geology, site hydrogeology, and ground water quality. Prior to beginning work at the Site, ProSource v.rill prepare a Health and Safety Plan (HASP) and Phase II Work Plan to address potential impacts at the Site. Since sampling conducted during the test pit excavation below the former Burger King property identified both impacted soil and perched ground water present within the limits of the dump, ProSource proposes to conduct the field investigation in two phases. The initial phase vvill be to advance test holes and/or test pits both within and surrounding the dump and to identify the vertical and horizontal limits of the waste material. Borings will be advanced using a truck-mounted hydraulic soil probe. Test pits will be advanced using a hydraulic excavator (backhoe). Borings will be placed to provide maximum areal coverage, but locations may be changed or added based on site conditions and visual observations. Soils will be screened with a photo ionization detector (Pill) at to determine if organic vapors are present in soil. Based on field screening and visuaVolfactory characteristics, soil sanlples will be submitted for analytical testing. Environmental- Right of Way. Efj - 114 -7 . Scope of Work and Cost Estimate for Phase II Investigation, FFSIRAP th 39 and Central Avenue Northeast Page 2 The second phase of work will be based on the findings of the initial phase and will involve the installation of ground water monitoring wells. Wells will be installed by a Minnesota-licensed driller. To evaluate shallow ground water quality at the Site, two ground water sampling events will be conducted. Focused Feasibility Study Based on the results of the Phase II investigation, a FFS will be prepared to address environmental issues prior to redevelopment of the Site. The FFS serves to establish soil and ground water clean up goals, evaluate potential clean up teclmologies, develop a comprehensive site cleanup strategy and provide a cost estimate for the various cleanup activities. Response Action Plan Following completion of the FFS, a RAP or cleanup plan will be necessary to address the dump as well as soil or ground water impacts observed at the Site. Details of the RAP, including remedial activities, are dependent upon the [mdings of the Phase II investigation. The RAP will outline the tasks necessary to cleanup the dump, impacted soil, andlor ground water at the Site. All information gathered during the Phase II investigation will be presented along with the FFS and the RAP in a comprehensive report. ProSource ,\Till also provide recommendations for any additional actions at the Site. Specifically, the RAP will detail: . Determination of risk based cleanup goals based on future land use; Cleanup procedures (i.e. soil excavation procedures, ground water monitoring, etc.); Identification, handling and disposal of regulated wastes (i.e. solid waste, hazardous waste and industrial waste); Copji..rmation sampling and analysis; and Site restoration plans. . . . . PBP/VIC Program Assistance Based on the results of the test pit excavation beneath the former Burger King property, the Site has already been entered into the MPCA's Voluntary Investigation and Cleanup (VIC) Program and the Petroleum Brownfields Program (PBP) on behalf of the City. Prior to beginning the Phase II investigation at the Site, the Phase II Work Plan will need to be approved by both VIC and the PBP. In addition, please note that VPIC and VIC services will be invoiced directly by the :MPCA to you at a rate of$150 hour. Pro Source Technologies, Inc. -115- February 15, 2006 Scope of Work and Cost Estimate for Phase II Investigation, FFSIRAP 39th and Central Avenue Northeast Page 3 Cost Estimate The estimated costs associated this project are outlined below: Health and Safety Plan and Phase II Work Plan Phase II Investigation (including subcontractors PBPNIC Program Assistance Phase II Report/FFSIRAP preparation Estimated Project Total $ 2,063 $ 42,515 $ 3,341 $ 14,826 $ 62,745 Please note that this is the same budget used in the preparation of the Minnesota Department of Employment and Economic Development (DEED) Contamination Investigation and RAP Development Grant Application. Closinl! It is our understanding that the City would like to apply for cleanup grants through both the Minnesota Department of Employment and Economic Development (DEED) and the Metropolitan Council Livable COll1ll1unities TBRA grants during the November 2006 funding cycle. ProSource staff would be available to assist the City with preparation of both grant applications. If you would like Pro Source to assist with the preparation of the grant application, a cost estimate can be prepared at that time. To authorize the work as described above, please review the attached Terms and Conditions, sign in the space provided below and return via fax to (763) 786-1030. If you have any questions or comments, please feel free to contact me at (763) 786-1445. We look forward to working with you on this project. Thank you for your time and consideration. Sincerely, ProSource Technologies, Inc. Accepted by: James B. Crowl ill, P.G. Project Manager City of Columbia Heights . , -116- February 15, 2006 ProSource Technologies, Inc. Scope of Wark and Cost Estimate for Phase II Investigation, FFSIRAP 39th and Central Avenue Northeast Page 4 STANDARD TERl\1S AND CONDITIONS 1. STANDARD OF CARE. Services shall be perf armed in accardance with the standard af professianal practice ardinarily exercised by the applicable prafessian at the time and within the lacality where the Services are perfarmed. Professianal Services are nat subject to', and PraSaurce can nat pravide, any warranty ar guarantee, express ar implied, including warranties ar guarantees cantained in any unifarm cammercial cade. Any such warranties ar guarantees cantained in any purchase arders, requisitians ar natices to' proceed issued by a client are specifically abjected to'. 2. CHANGE OF SCOPE. The scape af Services set farth in this Agreement is based an facts knO'wn at the time af executian afthis Agreement, including, if applicable, infarmatian supplied by Client. Far same prajects the scape may nat be fully definable during the initial phases. As the Praject progresses, facts discavered may indicate that scape must be redefined. PraSaurce will promptly provide Client with an amendment to' this Agreement to' recagnize such change, which shall be deemed approved ifnat abjected to' within 15 days afreceipt by Client. 3. SAFETY. PraSaurce has established and maintains carparate programs and pracedures far the safety af its emplayees. Unless specifically included as a service to' be provided as a service under this Agreement, ProSaurce specifically disclaims any autharity ar respansibility far general jab site safety and safety af persans ather than PraSaurce emplayees. 4. DELAYS. If events beyand tbe cantral af Client ar PraSaurce, including, but nat limited to', fire, flaad, explasian, riat, strike, war, process shutdawn, acts af Gad ar the public enemy, and act ar regulatian af any gavernment agency, result in delay to' any schedule established in this Agreement, such schedule shall be amended to' the extent necessary to' campensate far such delay. In the event such delay exceeds 90 days, PraSaurce shall be entitled to' an equitable adjustment in campensatian. In the event that the project is delayed by Client and such delay exceeds 30 days, ProSaurce shall be entitled to' an extensian aftime equal to' the delay and an equitable adjustment in campensatian. 5. TERMINATION / SUSPENSION. Either party may terminate this Agreement upan 30 days written natice to' the ather party. Client shall pay PraSaurce far all Services, including any expenses, incurred priar to' terminatian. In the event that either party defaults in its abligatians under this Agreement (including Clients abligatian to' make the payments required hereunder), the nan-defaulting party may, after 7 days written natice stating its intentian to' suspend performance under the Agreement if cure af such default is nat commenced and diligently continued, and failure af the defaulting party to' cammence cure within such time limit and diligently cantinue, suspend perfarmance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any apinian af canstructian casts prepared by ProSaurce is supplied far the general guidance af the Client anly. Since PraSaurce bas nO' cantral aver the campetitive bidding ar market canditians, PraSaurce cannat guarantee the accuracy af such apinians as campared to' contract bids ar actual casts to' client. 7. RELATIONSHIP WITH CONTRACTORS. ProSaurce shall serve as Client's professianal representative far the Services, and may make recommendatians to' Client concerning actians relating to' Client's contractors, but PraSaurce specifically disclaims any autharity to' direct ar supervise the means, methads, techniques, sequences, or procedures ar canstructian selected by Client's contractors. 8. CONSTRUCTION/CONTRACTOR OVERSIGHT. For prajects invalving canstructian ar cantractar oversight, Client acknawledges that under generally accepted prafessianal practice, interpretatians af canstructian dacuments ar field plans in the field are narmally required, and that perfarmance af constructian-related services by the design prafessianal far the project permits errors ar omissians to' be identified and carrected at camparatively low cast. Client agrees to' hald ProSaurce harmless fram any claims resulting fram performance of canstructian-related ar contractar aversight services by persans other than ProSaurce. -117- February 15,2006 ProSource Teclmologies, Inc. Scope of Wark and Cost Estimate for Phase II Investigation, FFSIRAP th 39 and Central Avenue Northeast Page 5 9. INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker's Compensation in amounts in accordance with legal, and proSource's business, requirements. Certificates evidencing such coverage will be provided to Client upon request. 10. INDKMNITIES. To the fullest extent permitted by law, proSource shall indemnify and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of Pro Source, its agent or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and save harmless Pro Source, its agents, employees, and representatives from and against loss, liability, and damages (including reasonable litigation costs) arising from or relating to claims for injury or death to persons, damages to tangible property, or other losses, alleged to be caused by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (i) produced, emitted or released from Project (ii) tested by Pro Source under this Agreement, or (iii) used or incorporated by Pro Source in the Services; or (b) operation or management of the Project. Client also agrees to require its construction contractor, if any, to include Pro Source as an indemnitee under indemnification obligation to Client. 11. LIMIT A TIONS OF LIABILITY. No employee or agent of Pro Source shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, Pro Source's liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, Pro Source's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total compensation received by Pro Source under this Agreement. If Client desires a limit of liability greater than that provided above, Client and proSource shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to ProSource for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PRO SOURCE BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR pUNITIVE DAMAGES. 12. ACCESS. Client shall provide Pro Source safe access to any premises necessary for ProSource to provide services. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without v"ritlen verification or adaptation by Pro Source for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemni:fy, and hold harmless ProSource from all claims, damages, and expenses (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. Al\1END.MENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGN.M.ENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. PREVAILING PARTY LITIGATION COSTS. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. February 15,2006 ProSource Technologies, Inc. -118- Scope of Wark and Cost Estimate for Phase II Investigation, FFS/RAP 39th and Central Avenue Northeast Page 6 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. .,..n.. February 15,2006 ProSource Technologies, Inc. -119- 5-A-\C) CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCILMEETINGOF: AU~tJt 14., UJo~ STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number --1J ~OJ...2. in the amount of$ 1.\4~1~~.1.~. through \ I)? '2- 31 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -120- ACS FINANCIAL SYSTEM 08/10/2006 10:31:39 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 * * * * ***************************************************~r*************************** Report Selection: Optional Report Title.... ...08/14/06 COUNCIL LISTING INCLUSIONS: Fund & Account........... ... thru Check Date.................. Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number... ............. proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order..... ......... n_'k....................... . I lcher .................... ;::; Leased Date. . . . . . . . . . . . . . . !ared Date................ I-" thru thru thru thru 118022 thru 118237 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 08/10/2006 10 BANK VENDOR Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 AMOUNT BANK CHECKING ACCOUNT AARP 118022 280.00 AMERICAN BOTTLING COMPAN 118023 167.04 BELLBOY BAR SUPPLY 118024 240.00 BELLBOY CORPORATION 118025 3,477.48 BUXENGARD/CARYN 118026 83.42 CAPITOL BEVERAGE SALES L 118027 22,695.80 CHISAGO LAKES DISTRIBUTI 118028 9,671.59 COCA-COLA BOTTLING MIDWE 118029 289.30 DEX MEDIA EAST LLC 118030 169.35 ESCHELON 118031 153.39 EXTREME BEVERAGE 118032 640.00 FARNER-BOCKEN 118033 5,533.81 G & K SERVICES 118034 36.32 GENUINE PARTS/NAPA AUTO 118035 460.84 GRIGGS-COOPER & CO 118036 2,900.22 HOHENSTEINS INC 118037 5,308.80 HOLMES/CAROLE 118038 40.00 JJ TAYLOR DIST OF MN 118039 40,524.05 JOHNSON BROS. LIQUOR CO. 118040 31,965.12 KALKIUS/ROBERTAS & JOLIT 118041 28.18 KREMER & DAVIS, INC 118042 29,384.58 KRUSE/PAUL 118043 40.00 LARKIN/JOHN 118044 127.79 I-' MARK VII DIST. 118045 14,504.71 N MINNESOTA COACHES 118046 1,704.22 N MN DEPART OF ECONOMIC SE 118047 871.85 MN DEPT OF ADMINISTRATIO 118048 453.94 NORTHEAST BANK 118049 60,367.50 PETTY CASH - AMY JOHNSON 118050 99.00 PETTY CASH - MARY DUGDAL 118051 102.94 PHILLIPS WINE & SPIRITS 118052 8,000.31 PIONEER DRAMA SERVICES 118053 50.00 QUALITY WINE & SPIRITS 118054 10,105.18 RICOH BUSINESS SYSTEMS 118055 14.58 SHAMROCK GROUP/ACE ICE 118056 1,234.16 SPECIALTY WINES & BEVERA 118057 205.95 TDS METROCOM 118058 454.79 THE MERMAID ENTERTAINMEN 118059 100.00 WELLS FARGO BANK 118060 3,971.68 XCEL ENERGY (N S P) 118061 5,012.92 ZADLE/KIM 118062 16.00 AMERICAN BOTTLING COMPAN 118063 196 . 04 BAXTER/DESIREE 118064 26.33 BELLBOY BAR SUPPLY 118065 90.00 BELLBOY CORPORATION 118066 2,828.66 BERLSON IMPORTS 118067 374.50 BIRCH/PHYLLIS 118068 49.00 ACS FINANCIAL SYSTEM 08/10/2006 10 BANK VENDOR Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 AMOUNT BANK CHECKING ACCOUNT BRADLEY REAL ESTATES INC 118069 11,885.12 CHISAGO LAKES DISTRIBUTI 118070 1,961.79 COLUMBIA HEIGHTS I 118071 5,581.28 DEEP ROCK WATER COMPANY 118072 231.77 FRIDLEY LITTLE LEAGUE 118073 364.00 G & K SERVICES 118074 52.45 GENUINE PARTS/NAPA AUTO 118075 235.04 GRIGGS-COOPER & CO 118076 27,688.76 HEIGHTS BAKERY 118077 39.00 HOHENSTEINS INC 118078 8,390.80 JJ TAYLOR DIST OF MN 118079 11,505.30 JOHNSON BROS. LIQUOR CO. 118080 6,677.07 KERR/DEEANN 118081 229.54 MOLINARO/JAMES 118082 136.85 NEEDHAM DISTRIBUTING CO 118083 478.85 OKERSTROM/LEE 118084 48.05 PARSONS ELECTRIC CO 118085 189.20 PETTY CASH - JOANNE BAKE 118086 95.10 PETTY CASH - KAREN MOELL 118087 175.70 PETTY CASH - LIZ BRAY 118088 153.41 PHILLIPS WINE & SPIRITS 118089 4,636.40 QUALITY WINE & SPIRITS 118090 4,310.53 SCHAEFER/MARY JANE 118091 323.37 I-' SHAMROCK GROUP/ACE ICE 118092 745.04 IV SPECIALTY WINES & BEVERA 118093 820.45 W VERIZON WIRELESS 118094 82.47 WINE COMPANY/THE 118095 1,995.05 WORLD CLASS WINE 118096 96 .00 XCEL ENERGY (N S P) 118097 16,149.50 ZGUTOWICZ/ANN 118098 5.00 CITY OF COLUMBIA HEIGHTS 118099 88,758.81 ACE HARDWARE 118100 500.00 ARCH WIRELESS/METROCALL 118101 111.50 ASHMORE/SUSAN 118102 30.00 BARSNESS/SCOTT 118103 168.42 BELLBOY BAR SUPPLY 118104 100.05 BELLBOY CORPORATION 118105 2,068.85 BIRR/DOUG 118106 35.00 BLINKMAN/CHERYL 118107 10.00 BOUSHEY/KEVIN 118108 217.03 BUREAU OF CRIMINAL APPRE 118109 3.01 CAPITOL BEVERAGE SALES L 118110 44,280.50 CHISAGO LAKES DISTRIBUTI 118111 2,487.89 DEX MEDIA EAST LLC 118112 50.80 EXTREME BEVERAGE 118113 320.00 FARNER-BOCKEN 118114 2,291.49 FSH COMMUNICATIONS, LLC 118115 58.58 ACS FINANCIAL SYSTEM 08/10/2006 10 BANK VENDOR Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT GENUINE PARTS/NAPA AUTO HAGFORS/GERALD HEINRICH ENVELOPE CORP HOHENSTEINS INC IPC PRINTING JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. JOHNSON/AMY KIWI KAI IMPORTS LEGLER/ARDRA MARK VII DIST. OFFICE DEPOT PETTY CASH - AMY JOHNSON PURTLE/DAVID QUALITY WINE & SPIRITS VERIZON WIRELESS ABLE HOSE & RUBBER INC ACE HARDWARE AID ELECTRIC SERVICE INC ALL SAFE FIRE & SECURITY ALLIED/BFI WASTE SYSTEMS AMERICAN LEGAL PUBLISHIN AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY SHERIFFS DE ANOKA COUNTY TREASURER ANOKA CTY - CENTRAL COMM ASPEN EQUIPMENT ASPEN MILLS, INC. BERGMAN COMPANIES INC BIFF'S,INC. BOUND TREE MEDICAL LLC BOYER TRUCK PARTS BRADLEY & GUZZETTA LLC BUILDING FASTENERS CARLSON TRACTOR CATCO PARTS SERVICE CCP INDUSTRIES CINTAS FIRST AID-SAFETY CITY OF ST LOUIS PARK CITY PAGES COLUMBIA HEIGHTS RENTAL COMMERCIAL POOL-SPA SUPP COMMERCIAL STEAM TEAM COMPUTERIZED FLEET ANALY CONTINENTAL RESEARCH COR CONTRACTORS & SURVEYORS ..... N ff::>. 118116 118117 118118 118119 118120 118121 118122 118123 118124 118125 118126 118127 118128 118129 118130 118131 118132 118133 118134 118135 118136 118137 118138 118139 118140 118141 118142 118143 118144 118145 118146 118147 118148 118149 118150 118151 118152 118153 118154 118155 118156 118157 118158 118159 118160 118161 118162 AMOUNT 105.39 495.00 937.50 173.00 307.08 3,725.10 31,019.58 29.37 2,068.78 27.00 10,112.35 19.81 63.01 910.00 751.17 386.99 211.20 78.50 1,751.14 30.00 88,193.53 979.00 76.38 958.15 187.44 912.00 2,324.72 4,027.83 275.91 13,782.98 2,083.57 204.32 69.01 612.50 94.07 4,777.59 30.60 73.74 170.99 144.00 450.00 256.19 253.08 1,081.30 1,995.00 1,429.50 99.46 ACS FINANCIAL SYSTEM 08/10/2006 10 BANK VENDOR Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT COORDINATED BUSINESS SYS 118163 949.09 CROWN FENCE & WIRE 118164 80.76 DISCOUNT STEEL INC 118165 33.71 EGAN OIL COMPANY 118166 1,516.18 EMERGENCY APPARATUS MAIN 118167 299.75 EMERGENCY AUTOMOTIVE TEC 118168 687.52 FIDELITY SERVICES INC 118169 5,150.86 FIRST STUDENT INC 118170 733.06 FLEX COMPENSATION, INC 118171 168.00 FLEXIBLE PIPE TOOL CO. 118172 5,460.37 G & K SERVICES 118173 992.75 GALLAGHER & COMPANY OF M 118174 12,000.00 GENE'S WATER & SEWER INC 118175 2,210.00 GIS RANGERS LLC 118176 6,643.88 GREEN LIGHTS RECYCLING 118177 28.51 HEINRICH ENVELOPE CORP 118178 382.50 HOME DEPOT #2802 118179 200.17 INSTRUMENTAL RESEARCH IN 118180 160.00 INTEGRATED LOSS CONTROL 118181 352.00 IPC PRINTING 118182 208.01 J H LARSON ELECTRIC COMP 118183 62.25 JINDRA/PATRICIA 118184 105.00 KENNEDY & GRAVEN 118185 752.88 ..... LAKE RESTORATION INC 118186 404.53 N LEAGUE OF MINNESOTA CITI 118187 25.00 U1 LEAGUE OF MN CITIES INS 118188 48,285.40 LIFT PRO 118189 37.06 LOWRY CENTRAL BOWLERS 118190 75.06 MAC QUEEN EQUIPMENT CO. 118191 376.23 MADDEN & ASSOCIATES/FRAN 118192 64.30 MEDICS TRAINING INC 118193 300.00 MENARDS CASHWAY LUMBER-F 118194 814.19 METRO FIRE, INC 118195 13.77 METRO WELDING SUPPLY 118196 17.02 METROPOLITAN AIRPORTS CO 118197 800.00 METROPOLITAN COUNCIL WAS 118198 66,210.13 MIDWAY FORD 118199 377.77 MIDWEST ASPHALT CO. 118200 253,917.68 MIDWEST OVERHEAD CRANE 118201 281.92 MINNEAPOLIS OXYGEN CO. 118202 11.89 MINNEAPOLIS SAW CO. 118203 82.10 MINNESOTA SAFETY COUNCIL 118204 336.00 MN DEPT OF ADMINISTRATIO 118205 37.00 MURLOWSKI PROPERTIES INC 118206 37.50 MURZYN JR/DONALD J 118207 70.00 NATIONAL WATERWORKS, INC 118208 6,567.37 NORTHEASTER 118209 291.60 ACS FINANCIAL SYSTEM 08/10/2006 10 BANK VENDOR Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT BANK CHECKING ACCOUNT NORTHERN AIR 118210 3,766.00 NORTHERN WATER WORKS SUP 118211 1,240.68 OFFICE DEPOT 118212 994.80 ONE-CALL CONCEPT-GOPHER 118213 571.40 PEPSI-COLA-7 UP 118214 376.00 PIONEER RIM & WHEEL CO. 118215 180.80 PREMIUM WATERS INC 118216 9.44 PROSOURCE TECHNOLOGIES I 118217 2,126.20 RAMSEY COUNTY 118218 612.11 RICOH BUSINESS SYSTEMS 118219 928.99 ROSEDALE CHEV 118220 404.87 ROYAL TIRE 118221 95.26 RUFFRIDGE-JOHNSON EQUIP. 118222 110.75 RYDBERG/SCOTT 118223 155.76 S & T OFFICE PRODUCTS IN 118224 309.11 SAM'S CLUB 118225 136.60 SCHINDLER ELEVATOR CORP 118226 4,449.00 SEALMASTER 118227 683.56 SECURITY FENCE & CONSTRU 118228 3,275.00 SHORT ELLIOT HENDRICKSON 118229 6,717.16 STAPLES BUSINESS ADVANTA 118230 176.47 STREICHER'S GUN'S INC/DO 118231 2,435.72 SUN PUBLICATION 118232 1,195.11 """' SWENSON/JAMES 118233 652.28 IV TRUGREEN CHEMLAWN 118234 186.38 0\ TWIN CITIES NORTH CHAMBE 118235 300.00 VALPAK OF MINNEAPOLIS/ST 118236 800.00 VERIZON WIRELESS 118237 261.91 1,142,333.12 *** ACS FINANCIAL SYSTEM 08/10/2006 10 BANK VENDOR REPORT TOTALS: ....... N '-.:] Check History 08/14/06 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 AMOUNT 1,142,333.12 RECORDS PRINTED - 001123 ACS FINANCIAL SYSTEM 08/10/2006 10:31:43 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 387 388 415 431 601 602 603 604 609 631 632 634 651 652 I ) I-' - N~ 00: I - vvJ 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT G.O. IMPROVEMENT BOND 1999A G 0 IMPROVE/REV BONDS 2003A CAPITAL IMPRVMT - PIR PROJ CAP EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER FUND DEBT SERVICE SEWER FUND DEBT SERVICE STORM SEWER DEBT SERVICE WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING FISCAL AGENCY: GIS RANGER CONTRIBUTED PROJECTS-GEN INSURANCE PAYROLL FUND FLEX BENEFIT FUND 53,228.02 4,008.75 14,938.46 672.01 1,706.28 2,630.75 6,812.50 17,922.76 295,060.04 4,027.83 8,866.20 71,291. 92 88,222.04 222.84 359,397.60 23,308.50 368.52 11,955.22 5,662.61 495.00 11,570.98 898.06 6,643.88 1,751.14 61,744.40 88,758.81 168.00 1,142,333.12 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,142,333.12 1,142,333.12 CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY loA Fire MANAGER NO: APPROVAL oJ ~. ITEM: Adopt Resolution For BY: Gary Gorman BY~~ Revocation DATE: August 8, 2006 DATE: NO: 2006-105 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Craig Wilson regarding rental property at 1153- 55 Cheery Lane N.E. 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.2006-1 05, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-105, 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 Craig Wilson regarding rental property at 1153-55 Cheery Lane N.E. COUNCIL ACTION: -129- RESOLUTION 2006-105 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Craig Wilson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1153-55 Cheery Lane N.E., 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 July 13, 2006 of an public hearing to be held on August 14, 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 1, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 13, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing license application. 3. That on August 7, 2006, inspectors for the City of Columbia Heights, performed a final inspection at 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 application5 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. Exterior - 1155. Shall scrape and paint the front door trim, peeling badly. 11. 1155 - Exterior. Shall scrape and paint all lower windows. 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 license number F7619 is hereby revoked. -130- 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 -131- CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~l) Fire MANAGER NO: APPROVAL ~/ ITEM: Adopt Resolution For BY: Gary Gorman BY:~f/~/~~.~ Revocation DATE: August 8, 2006 DATE: NO: 2006-106 y Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Isrnael Orner regarding rental property at 1336-38 43-1/2 A venue N.E. 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-l06, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-106, 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 Ismael Orner regarding rental property at 1336-3843-1/2 Avenue N.E. COUNCIL ACTION: -132- RESOLUTION 2006-106 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 Ismael Orner (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 1336-133843-1/2 Avenue N .E., 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 July 10, 2006 of an public hearing to be held on August 14, 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 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 1 0, 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: " ti"l'lu~o +... ro l~"o~"o the ro~+"l l~"en"o .t:"^~ +1.0 pro"'erty .t:".al'l""e +^ "'ubm~+ +1-.", a. 1.' a J.\o.i LV ""'-1.1""""'11,::)\,.1 .....llLal .1'-' .1 ,;:)\,,; IVl L11v P , It 1\.1..1 LV.:J .11 U. U.1'-' application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7261 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. -133- Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 -134- Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of August 14,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY t:?C-- Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BYd4P~- Revocation DATE: August 8, 2006 DATE: NO: 2006-107 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Christopher Decker regarding rental property at 3807 Pierce Street N.E. 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.2006-107, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-107, 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 Christopher Decker regarding rental property at 3807 Pierce Street N.E. COUNCIL ACTION: -135- RESOLUTION 2006-107 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) ofthat certain residential rental license held by Christopher Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3807 Pierce Street N.E., 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 July 12, 2006 of an public hearing to be held on August 14, 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 6, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight 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 12,2006, inspectors for the City of Columbia Heights, reinspected the property and noted eight violations remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing license application. 3. That on August 8, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted eight violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; 1. Shall soffit falling off the structure on the west side. 11. Shall replace all/any missing storm windows. 111. Shall repair the rotting siding on the house. IV. Shall repair all/any broken windows on the house. v. Shall paint all/any unpainted areas of siding on the house. VI. Shall cut/trim all/any scrub growth on the property. Vll. Shall install proper ladders in egress window wells to allow exit from window/well area. V111. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; 1. DRYER 2. BUILT RITE LAYING ALL OVER IN THE YARD 3. OLD BBQ GRILL -136- 4. WOOD 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 license number F7783A 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 -137- CITY COUNCIL LETTER Meeting of August 14,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY (ol) Fire MANAGER NO: APPROVAL /. ITEM: Adopt Resolution For BY: Gary Gorman BY:tlfl/ Revocation DATE: August 8, 2006 DATE: NO: 2006-108 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Mildred Bloomer regarding rental property at 4002- 4004 Reservoir Blvd N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the --~..ll'-- OC R---1u";-n 1>..1_ "\1'\06 100 ..1..__ 1..e;-- ,am-Ie c--;es -..-;la1..1e to ..1.._ lC/1U U15 1 I;1SUl UU 1 l~U.""U -1 0, LUCIC U 1U15 wI P Upl /1V<1U U LllC public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-108, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Mildred Bloomer regarding rental property at 4002-04 Reservoir Blvd. N.E. COUNCIL ACTION: -138- RESOLUTION 2006-108 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) ofthat certain residential rental license held by Mildred Bloomer (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4002-4004 Reservoir Blvd. N.E., 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 July 10, 2006 of an public hearing to be held on August 14, 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 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 1 0, 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 re-license the rental license for the property, failure to submit th.e application and the fees. 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 F71 05 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. -139- Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 -140- Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of August 14,2006 AGENDA SECTION: Resolutions NO: ITEM: Lot- ORIGINATING DEPARTMENT: Fire Adopt Resolution For Revocation BY: Gary Gorman DATE: August 8, 2006 DATE: NO: 2006-109 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Alnajjar Shacker regarding rental property at 4637 Pierce Street N.E. 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.2006-109, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-109, 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 Mildred Bloomer regarding rental property at 4002-04 Reservoir Blvd. N.E. COUNCIL ACTION: -141- RESOLUTION 2006-109 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 Alnajjar Shacker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4637 Pierce Street N.E., 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 July 10, 2006 of an public hearing to be held on August 14, 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 15, ~006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 1 0, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by 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 renta:llicense for the property, failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7855 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. -142- Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 -143- Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: {.oF APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: '/41- Abatement f ' ,. 'v DATE: August 8, 2006 DATE: NO: 2006-110 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Ifa Vmar regarding property at 4349 7th Street N.E. 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. 2006-110_ there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-110 , a resolution of the City Council of the City of Columbia Heights declaring the property at 4349 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -144- RESOLUTION 2006-110 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 Ifa Umar & Najat Ibrahim (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4349 7th 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 regular mail to the owner of record on July 20, 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 June 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 that we have on file. 2. That on July 20, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 4, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any scrub growth/weeds/ from the east and south sides of the property . 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 4349 7th 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 ofthis 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, -145- 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 4349 7th 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 -146- CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: G- ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: / k// /?' ;It/t:r DATE: DATE: August 8, 2006 NO: 2006-111 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against John Mlay regarding property at 4701 University Avenue N.E. 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. 2006-111 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-111, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -147- RESOLUTION 2006-111 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 John Mlay (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Avenue N.E. 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 regular mail to the owner of record on July 17, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council ofthe City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on June 14, 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 that we have on file. 2. That on July 17, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 7, 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 ~hall ..e....al. ..1..e....1ace tlhe mI' ""I.ng/r1..........."'ed ";dl'n'" ^n t1,..o "'ar"'ge . Ul.l .1.1 P 1.11. p.1 1. .1 O>~ .1 U.c.u.l.lU5 ,;:)1 .15 V.1 11'"" 5 a. . 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 4701 University Avenue N .E. is in violation ofthe 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 ofthis 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. -148- ORDER OF COUNCIL 1. The property located at 4701 U niversity Avenue N .E. constitutes a nuisance pursuantto 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 -149- CITY COUNCIL LETTER Meeting of August 14, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: o - \-\ ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: August 8, 2006 NO: 2006-112 Declaration ofa nuisance and abatement of violations within the City of Columbia Heights is requested against Charles Severson regarding property at 3904 Polk Street N.E. 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. 2006-112 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-112, a resolution of the City Council of the City of Columbia Heights declaring the property at 3904 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -150- RESOLUTION 2006-112 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 Charles Severson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal ownerofthe real property located at 3904 Polk StreetN.E. 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 regular mail to the owner of record on July 18, 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 6, 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 that we have on file. 2. That on July 18, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 8, 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 scrape or paint the garage. 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 3904 Polk Street N.E. 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. -151- ORDER OF COUNCIL 1. The property located at 3904 Polk Street N.E. 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 -152- CITY COUNCIL LETTER Meeting of August 14,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: loT APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY' i 1;~;/-'- Abatement . ?~4! ,- DATE: August 8, 2006 DATE: NO: 2006-113 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Dallas O. Johnson regarding property at 4752 4th 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. 2006-113 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-113, a resolution of the City Council of the City of Columbia Heights declaring the property at 4752 4th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -153- RESOLUTION 2006-113 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 Dallas O. Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4752 4th Street N.E. 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 regular mail to the owner of record on July 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 I. That on June I, 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 that we have on file. 2. That on July 13,2006, inspectors reinspected the property listed above. Inspectors noted the three violations remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 7, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall finish installing siding on the rear of the house. Shall install matching siding where there is no siding now. B. Shall install siding corners to cover the missing corners on the garage. C. Shall paint the bare metal on the trim on the north and south side of 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 4752 4th Street N.E. 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. -154- 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 4752 4th Street N.E. 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 -155- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: August 14,2006 AGENDA SECTION: NO: ORIGINATING DEP AR TMENT: Administration ITEM: Ballot language for 2006 General Election Charter Commission referendum BY: Bill Elrite DATE: August 8, 2006 CITY MANAGER'S APPROVAL BY: d~ :: DATE: NO: On June 12,2006 and June 26, 2006 the Charter Commission brought forward a proposed Charter amendment ordinance to divide the City into four wards, adding two council members at large, and an implementation plan to accomplish this. As the ordinance was not unanimously approved by the City Council, the Charter Commission has decided to place the question on the 2006 General Election ballot. The City Attorney has prepared the ballot language for the City Council's approval. The ballot language was discussed at the August 7,2006 City Council work session meeting. The language is given in the form of a proposed motion, for City Council approval. Recommended Motion: Move to approve the ballot language for the 2006 general election charter referendum to read: Shall the home rule charter of the City of Columbia Heights be amended to establish a four ward, two at-large council member system of representation by creating two additional council member positions, with the transition schedule of one council member elected from each ward in 2008 and two council members elected at-large in 2010. COUNCIL ACTION: -156-