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HomeMy WebLinkAboutSeptember 25, 2006 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA TION Mavor Gary L. Peterson Councilmembers Robert A. Wi/Iiams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv Manaller Walter R. Fehst 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ollr Website at: www.ci.collllllbia-heights.lIlll.lIS The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, September 25, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.R, 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 ORDERlROLL CALLIINVOCATION Invocation by Rev. Dave Briley, Oak Hill Baptist 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamation . 1) Declaring October 14th 2006 as Columbia Park Medical Group Day B) Presentations - none C) Introduction of New Employees 1) Dana Weigman, Adult Services Librarian D) Recognition - none p6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for September 2006 regular City Council meeting MOTION: Move to approve the minutes of the September 11,2006 regular City Council meeting as presented. P 7 MOTION: Move to approve the minutes ofthe September 15,2006 Primary Canvas City Council meeting as presented. P32 2) Reschedule the Library budget meeting to Wednesday. October 25.2006 at 6:30 p.m. P33 MOTION: Move to reschedule the Library budget meeting to Wednesday, October 25,2006 at Murzyn Hall, beginning at 6:30 p.m. P.l City Council Agenda September 25, 2006 Page 2 of 5 3) Accept U.S. Dept. of Justice COPS 2006 Secure our Schools Grant. P34 MOTION: Move to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice, COPS 2006 Secure Our Schools grant in the amount of$51,598, with the 50 per cent match of $51 ,598 to be paid by the Columbia Heights School District. 4) Approve transfer of State ofMN Operation Nite funds from General Fund to Police OT Fund. P50 MOTION: Move to transfer $1,200, the total amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program from the general fund to the Police Department 2006 budget line #1020 overtime. 5) First Reading of Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approx. $4,430,000 General Obligation ImprovementJUtility Revenue Bonds, Series 2006A P53 MOTION: Move to waive the reading of Ordinance No. 1514, there being ample copies available to the public. MOTION: Move to schedule October 9,2006 at approximately 7:00 p.m. in City Council Chambers for the 2nd reading ofOrd. No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. 6) Approve Special Assessment System Conversion MOTION: Move to authorize the City Manager to enter into an agreement with Alto Consulting and Training to provide conversion for Special Assessment system at a cost not to exceed $24,750. P57 7) Adopt Resolution 2006-165, being a Resolution establishing amounts of assessments to be levied P 5 9 MOTION: Move to waive the reading of Resolution 2006-165, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-165 being a Resolution establishing amount of City share and amount of Special Assessments on projects to be levied. 8) Adopt Resolution No. 2006-166, being a Resolution accepting bids and awarding 2006 Storm Sewer Improvements P 61 MOTION: Move to waive the reading of Resolution 2006-166, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-166, accepting bids and awarding the 2006 Storm Sewer Improvements, Municipal Project #0405, S.A.P. 113-010-12, and S.P. 0207-84, to New Look Contracting of Elk River, MN, based upon their low, qualified, responsible total bid in the amount of $120,147.75 with funds to be appropriated from Fund 402-50405-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 9) Approve the items listed for rental housing license applications for September 25,2006 p64 MOTION: Move to approve the items listed for rental housing license applications for September 25, 2006. 10) Approve Business License Applications p66 MOTION: Move to approve the items as listed on the business license agenda for September 25, 2006 as presented. P.2 City Council Agenda September 25, 2006 Page 3 of 5 11)Approve Payment of Bills p68 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118549 through 118709 in the amount of $975,782.88. 6. PUBLIC HEARINGS A) Close the tabled public hearing for rental license revocation at 1207-09 Circle Terrace Blvd. P76 MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Deer Meadow Holdings regarding rental property at 1207-09 Circle Terrace Boulevard N.E. in that the owner has corrected the violations. B) Adopt Resolution No. 2006-157 being a Resolution for Rental Housing License Revocation at 666-668 47 Y2 Avenue P77 MOTION: Move to waive the reading of Resolution No. 2006-157, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-157, 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 and Tracy Decker regarding rental property at 666-66847-112 Avenue N.E. C) Adopt Resolution No. 2006-158, being a Resolution for Rental Housing License Revocation at 4639-41 Washington Street p80 MOTION: Move to waive the reading of Resolution No. 2006-158, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-158, 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 Tawni Traynor regarding rental property at 4639-41 Washington Street N.E. D) Adopt Resolution No. 2006-159, declaring property at 4559 Washington Street a nuisance and approving abatement ofvioiations p83 MOTION: Move to waive the reading of Resolution No. 2006-159, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-159, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4559 Washington Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution No. 2006-160, declaring property at 4440 Jefferson Street a nuisance and approving abatement of violations P86 MOTION: Move to waive the reading of Resolution No. 2006-160, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-160, a resolution of the City Council of the City of Columbia Heights declaring the property at 4440 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F) Adopt Resolution No. 2006-161 declaring property at 4147 Washington Street a nuisance and p89 approving abatement of violations MOTION: Move to waive the reading of Resolution No. 2006-161, there being ample copies available to the public. P.3 City Council Agenda September 25, 2006 Page 4 of 5 MOTION: Move to adopt Resolution No. 2006-161, a resolution of the City Council of the City of Columbia Heights declaring the property at 4147 Washington 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. 2006-162, declaring property at 4418 ih Street a nuisance and approving abatement of violations P92 MOTION: Move to waive the reading of Resolution No. 2006-162, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-162, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4418 7th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H) Adopt Resolution No. 2006-163, declaring property at 4915 7th Street a nuisance and approving abatement of violations P95 MOTION: Move to waive the reading of Resolution No. 2006-163, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 7th 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. 2006-164 declaring property at 4124 5th Street a nuisance and approving abatement of violations P98 MOTION: Move to waive the reading of Resolution No. 2006-164, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-164, a resolution of the City Council of the City of Columbia Heights declaring the property at 4124 5th Street N.E. 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 1) Adopt Ordinance No. 1513, being an ordinance pertaining to tobacco regulations. Pl01 MOTION: Move to waive the reading of Ordinance No. 1513, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306,5.307 and 5.308 of the City Code of the City of Columbia Heights pertaining to tobacco regulations. 2) Adopt Resolution No. 2006-167, being a Resolution to deny a Conditional Use Permit for Outdoor Storage at 4849 Central Avenue P105 MOTION: Move to waive the reading of Resolution 2006-167, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-167, denying a conditional use permit for outdoor storage for the business located at 4849 Central A venue. B) Bid Considerations -none C) Other Business -none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager PA City Council Agenda September 25, 2006 Page 5 of5 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 ~{fftI Walter R. Fehst, City Manager WF /pvm P.5 4 -A ~ l PROCLAMATION DECLARING OCTOBER 14th, 2006 AS COLUMBIA PARK MEDICAL GROUP DAY IN THE CITY OF COLUMBIA HEIGHTS Whereas: in 1956 Columbia Park Medical Group started with two physicians, Drs. Lewis Roberts, and Earl Eli, as one of the north metro areas' first primary care health care clinic, and Whereas: in 1960 Columbia Park Medical Group became incorporated by the United States of America and doubled in size, and Whereas: within 10 years, in 1966, the group had grown to six physicians, and Whereas: by the time Columbia Park Medical Group hit its 25th anniversary, it had three clinic locations (Columbia Heights, Fridley and Brooklyn Park), and Whereas: in the last century, the group opened two new locations, and re-built one building, and Whereas: Columbia Park Medical Group has now grown to five clinic locations, a state- of-the-art imaging center, with over 90 physicians and well over 100,000 patients in the north metro area, with clinics in Andover, Blaine, Brooklyn Park, Columbia Heights and Fridley, and Whereas: Columbia Park Medical Group celebrates their 50 year anniversary on Saturday, October 14th 2006, Now therefore be it declared that I, Mayor Gary L. Peterson do hereby proclaim October 14th, 2006 as "Columbia Park Medical Group Day" in the City of Columbia Heights, Minnesota. Mayor Gary L. Peterson P.6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 11, 2006 THESE MINUTES HAVE NOT BEEN APPROVED. ~..) elo. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 11, 2006, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL/INVOCATION Motion by Williams, seconded by Nawrocki, to appoint Shelley Hanson as Secretary Pro Tern. Upon vote: All ayes. Motion carried. Present: Mayor Peterson, Councilmember Kelzenberg, Councilmember Williams, Council- member Nawrocki, and Councilmember Diehm. Nawrocki objected to the recent change of council agendas not being placed on the government channel until the day of the meeting, rather than on the Friday before, as it was done in the past. Peterson explained that since Jean Kuehn retired, some of her duties were split among various people and due to other work priorities such as the elections, not everything is being done in the same timeframe. Hopefully, once elections are over, the agendas can once again be put on the air on Fridays. The invocation was given by Pastor Hugo from St. Matthews Church. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Two items were added to Public Hearings (Section 6-Q and R) for re-issuance of Rental Licenses for 4600 Polk St and 4612 Polk Street Two items were deleted from the agenda. Border Foods withdrew their request for a Site Plan approval and variances for 4900 and 4910 Central Avenue (Section 7--#4) and MAT Properties withdrew their request for a Conditional Use Permit for outdoor storage at 5101 University (Section 7-- #3). PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS - none CONSENT AGENDA Linda Magee, Acting City Manager, took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for August 28, 2006, Regular City Council Meeting Motion to approve the minutes of the August 28, 2006, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the July 25,2006, Economic Development Authority Meeting b) Motion to accept the minutes of the July 26, 2006, Park and Recreation Commission P.7 City Council Minutes September II, 2006 Page 2 of25 Meeting c) Motion to accept the minutes ofthe August 2,2006, Public Library Board of Trustees Meeting d) Motion to accept the minutes of the September 6, 2006, Planning and Zoning Commission Meeting Nawrocki commented on an item from the Recreation Commission minutes. He thought it was out of line to charge the Sf. All Night Party Committee for use of the hall. Peterson explained they are charged a nominal entry fee of $15 and then $401hr for a staff member to be present during the party. The hall rental itself is still waived. Nawrocki also commented on an item from the Library Board minutes. He thought since the Library had its own budget, that payment for the repairs on the exterior of the building should be paid from that fund. He doesn't feel that money should be taken from the general fund as Bill and Walt had previously indicated. 3) Establish date for Canvassing Municipal Primary Election Returns Nawrocki stated that the canvas meeting cannot be held on Wednesday, September 13, as proposed as it doesn't allow the 72 hours notice required by law. Therefore, after some discussion, the council decided to hold the canvas meeting on Friday, September 15th at 7:30 am. Motion to establish the Canvass of the 2006 Primary Election results for Friday, September 15, 2006 beginning at 7:30 a.m. in the City Council Chambers. 4) Authorize School Liaison Officer Contract with School District #13 for 2006-2007 Motion to authorize the Mayor and Police Chief to enter into a joint powers agreement with School District # 13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 5, 2006, through June 7, 2007. 5) Authorize Change Order No.1 for the Huset Parkway Street. Utility. and Landscaping Project No. 0404 - Removed 6) Adopt Resolution No. 2006-139. being a Resolution to approve a 5-foot Side Yard Setback Variance and a 17.5-foot Comer Side Yard Setback Variance for a Deck Located at 3900 Main Street Motion to waive the reading of Resolution 2006-138, there being ample copies available to the public. Motion to adopt Resolution No. 2006-139, approving the 5-foot side yard setback variance and the 17.5-foot comer side yard setback variance for the construction of a new deck at 3900 Main Street, subject to the conditions stated in the resolution. RESOLUTION NO. 2006-139 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THE STANLEY RESIDENCE 3900 MAIN STREET WHEREAS, a proposal (Case # 2006-0903) has been submitted by Bonnie Stanley to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3900 Main Street LEGAL DESCRIPTION: Lot 14, Block 73, Columbia Heights Annex to Minneapolis. P.8 City Council Minutes September 11, 2006 Page 3 of25 THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance per Code Section 9.109 (C), and a 17.5-foot comer side 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 September 6, 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: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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. 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. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 7) Establish Work Session meeting date for Monday. September 18.2006 -7:00 p.m. - Removed 8) Set Budget Work Session Meeting Dates to Review the 2007 Budget - Removed 9) Adopt Resolution No. 2006-134. being a Resolution supporting MnDDT consideration ofa cost sharing municipal agreement for street rehabilitation of the University Service Drive on T.H. 47 south of 45th A venue - Removed 10) Re-Issue Rental Housing License at 4653 Pierce Street N.E. Move to issue a rental housing license to Richard Meissner to operate the rental property located at 4643 Pierce Street N.E. in that the provisions of the residential maintenance code have been complied with. 11) Re-Issue Rental Housing License at 1100-02 39th Avenue NE Move to issue a rental housing license to Steve Efterfeld to operate the rental property located at 1100-02 39th Avenue NE in that the provisions of the residential maintenance code have been complied with. P.9 City Council Minutes September II, 2006 Page 4 of 25 12) Approve the Items Listed for Rental Housing License Applications-PULLED 13) Approve Business License Applications Move to approve the items as listed on the business license agenda for September 11, 2006, as presented. 14) Approve Payment of Bills Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118419 through 118548 in the amount of$I,691,022.12. MOTION by Diehm, seconded by Nawrocki, to approve the Consent Agenda items with the exception of items 5, 7, 8, 9, and 12. Upon vote: All ayes. Motion carried. 5) Authorize Change Order No. 1 for the Huset Parkway Street, Utility, and Landscaping Proiect No. 0404 Nawrocki felt the additional costs were the responsibility of the contractor and the Engineer or Architect that bid the project. Kevin Hansen, Public Works Director, explained that there was an error in the bid. The low bid included a quote for 85 s.f. of wall priced out for a modular block wall. This square footage is only for one wall, not the four that were actually constructed. And, they decided to go with a cut stone wall instead to better match the design of Murzyn Hall and to provide some consistency in the redevelopment area. The contractor is honoring the price for the one wall, but the additional costs for the other three walls are included in this change order. Hansen recommends approval and feels the cost is justified. Williams asked if the other contractors bid the same thing. Hansen did not know. Williams thought it may be important before making a decision to approve the extra costs. Hansen said, it was not important as the difference between the low bid that was accepted and the next bid was $500,000 and these additional fees only amount to $85,000, so this company would still have been the low bidder. Nawrocki asked why they didn't use some of the old flag stones from the foundaries to offer a historical perspective and which would have kept the costs down. Hansen stated they are still working on a plan to use those old stones somewhere in the project as a historical memorial of some kind. Motion by Williams, seconded by Diehm, to authorize Change Order No. 1 for additional site grading, miscellaneous utility work, temporary paving and street patches, additional 10 foot bituminous trails, stone wall construction and site landscaping to the Huset Parkway Improvements, City Project 0404 to Frattalone Companies in the amount of $249,720.03 to be funded out of an LCA Grant ($122,769.23), the PIR Fund, or Assessments ($56,331.00), the City State Aid ($66,519.80), Water Fund ($3,020.00), and the Storm Sewer Fund ($1,080.00). Upon vote: Ayes- Kelzenberg, Williams, Diehm, & Peterson. Nay-Nawrocki. Motion carried. 7) Establish Work Session meetin~ date for Thursday, September 21, 2006 -6:00 p.m. Nawrocki stated he thought there was an agreement not to have work sessions on the third Mondays, as the proposed date of September 18th would be. He cited several examples of how it's been altered in recent months to accommodate various schedules, but wants to go back to what was originally agreed upon. After some discussion, the members agreed upon Thursday, September 21 st at 6:00 pm for the next work session. P.lO City Council Minutes September 11 , 2006 Page 5 of25 Motion by Diehm, seconded by Kelzenberg to schedule a City Council work session for Thursday, September 21,2006 beginning at 6:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 8) Set Budget Work Session Meeting Dates to Review the 2007 Budget Nawrocki pulled this item as some of the meetings are scheduled for the third Monday again. He also stated he thought the Power Point presentations were unnecessary and that they were used more as a selling tool than providing detailed information. He felt the council should be spending their time looking at the line item figures, rather than charts and graphs that are created to justify the proposed budgets. After discussing the proposed meeting dates, the following schedule was agreed upon. Any additional meetings required will be set at a later time. Motion by Nawrocki, second by Diehm to set budget work session meeting dates to review the 2006 budget as listed. Upon vote: All ayes. Motion carried. Monday, October 2 at 7:00 pm Wednesday, October 25 at 7:00 pm Monday, October 30 at 7:00 pm at 7:30 pm at 8:00 pm at 8:30 pm Monday, November 6 at 7:00 pm at 7:30 pm at 8:00 pm at 8:30 pm Library Recreation Fire Public Works General Government Administration Community Development Police Finance/IS Liquor Monday, December 4 at 7:00 pm Final meeting with public 9) Adopt Resolution No. 2006-134, being a Resolution supporting MnDOT consideration of a cost sharing municipal agreement for street rehabilitation of the University Service Drive on T.H. 47 south of 45th Avenue Kevin Hansen gave some background on the street improvements needed for University Ave. He told the Council that the grant application is due by October 1 st and that limited funds are available at this time. He explained that in order to apply for funding, MnDOT requires Council support. Since funding is limited, the scope of the work has been downsized to address the road south of 45th Avenue. This would allow the street improvements, curb and gutter work, fencing, landscaping, walkways, and possible bike paths along that corridor as suggested by the MN Design Team. Nawrocki felt by doing only a portion of the roadway, it was deceiving the residents who live north of 45th Avenue. He felt the project should be downsized to just roads and fencing so that all of it could be done. Hansen explained that he had broken the project down into two phases for a couple of reasons. One is to deal with MnDOT turning over control of the roadway if the funding is granted and the other is that Right of Way and control issues need to be resolved with the City of Fridley for P.ll City Council Minutes September II, 2006 Page 6 of25 the roadway north of 45th A venue. With funds being capped at $550,000 it would not allow for the whole stretch to be done. Hansen thought it best to pursue this funding and do a portion of the roadway, making all the changes that were suggested by the Design Team. Then he would apply for funding again next year, if it is available, to finish the remaining roadway north of 45th Avenue as Phase II. This would also allow extra time to resolve issues with Fridley regarding the area north of 45th Avenue. Hansen stated that if the Council chooses to do the whole stretch, that only a mill & overlay and fence repair could be done, as that's all the funds would allow. Ifthat is the council's intent, then it would change the scope of the application and the project itself. Williams thought that the citizens would accept it being done in two phases, if it is done right. Kelzenberg agreed that if we could get grant money, we can do a better job and get more bang for our buck. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-134, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, seconded by Williams, to approve and adopt Resolution No. 2006-134 supporting MnDOT consideration of a cost sharing Municipal Agreement for the street rehabilitation of the University Service Drive on T.H. 47, south of 45th Avenue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-134 BEING A RESOLUTION REQUESTING MnlDOT CONSIDERATION OF FUNDING TIlROUGH TIlE MUNICIPAL AGREEMENT PROGRAM FOR TIlE REHABILITATION OF THE UNIVERSITY SERVICE DRIVE ON T.H. 47, FROM 40TH TO 45TH AVENUES WHEREAS, the City of Columbia Heights proposes to make certain street, storm sewer, trail and fencing improvements on T.H. 47, south of 45th Avenue. WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs if the project is selected as part of the Municipal Agreement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the Minnesota Department of Transportation and the City of Columbia Heights; and BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements, and before the contract letting for the construction of said improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative Projects with Municipalities". 12) Approve the Items Listed for Rental Housing License Applications Nawrocki pulled this as someone called him regarding 1401 46th Ave. and said they would be present at the meeting. However, since no one was present they continued. Motion by Kelzenberg, seconded by Diehm, to approve the items listed for rental housing P.12 City Council Minutes September II, 2006 Page 70f25 license applications for September 11,2006. Ayes-Kelzenberg, Peterson, Diehm, Nawrocki. Abstain-Williams. Motion carried. PUBLIC HEARINGS A) First Reading of Ordinance No. 1512, being an Ordinance changing the street name for sections of 39th Avenue and Jefferson Street to Huset Parkway and Madison Place to Jefferson Street Using a map of the area, Kevin Hansen reviewed the changes proposed. Nawrocki stated he noticed the signs are already up reflecting this change. He did express the fact he thought it would be confusing to take a chunk out of Jefferson from 39th to 40th and rename it Huset Parkway and to have 39th Avenue running east of the roundabout and Huset Parkway to the west. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1512, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1512, being an Ordinance changing the street name of 39th Avenue from 5th Street to Jefferson Street and Jefferson Street from 39th Avenue to 40th Avenue to Huset Parkway and changing the street name of Madison Place to Jefferson Street for October 9,2006, at approximately 7:00 p.m. in the Council Chamber. Upon vote: All ayes. Motion carried. B) First Reading of Ordinance 1513, being an Ordinance Pertaining to Tobacco regulations Magee explained that our code regarding sales of tobacco is more restrictive than State Statute. The change proposed in this ordinance would make it consistent with the state and would allow stores that do not allow minors, to be able to have self service rather than require an employee to get products from behind a counter. This change was proposed after discovering the difference in the City Code and State Statute when a tobacco store in town was following State Statute, and was unaware of the city's code. The Councilmembers would like Chief Johnson to be present at the next meeting when the second reading is scheduled to take place to answer questions. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1513 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306, 5.307 and 5.308 ofthe City Code of the City of Columbia Heights pertaining to tobacco regulations, for September 25,2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C) Adopt Resolution No. 2006-135, Declaring Property at 825 50 Y2 Avenue N.E. a Nuisance and Approving Abatement of Violations Gary Gorman, Fire Chief, stated this property had 10 violations in July and is down to 7, so they are making progress. Diehm questioned whether his dept. would continue to work with the property owner to bring it into compliance, and he assured her they would. P.13 City Council Minutes September II, 2006 Page 8 of25 Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-135, there being ample copies available to the public. Upon vote. All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-135, being a resolution of the City Council of the City of Columbia Heights declaring the property at 825 50 Y2 Avenue N.E. 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 2006-135 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 Imab Zalloum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 825 50-112 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 August 17, 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 July 18,2006, an inspection was conducted on the property listed above. Inspectors found ten violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 17, 2006, inspectors reinspected the property listed above. Inspectors noted that seven violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 1, 2006, inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall clean gutters out. Shall scrape/paint the whole house, where ever there is paint peeling. Shall replace any tom window screens. Shall scrape/paint around all the windows where they are peeling. Shall repair the handrail going up to the front steps. Shall paint the boards, covering the windows on the garage to match the color on the rest of the garage. Shall remove all/any outside storage from the property - CHAIRS, FILE CABINET, KITCHEN GARBAGE, TABLE TOP, MATTRESSES, HUMIDIFIER 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 825 50-112 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 82550-112 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. P.14 City Council Minutes September II, 2006 Page 9 of25 D) Adopt Resolution No. 2006-144, Declaring Property at 2348 45th Avenue a Nuisance and Approving Abatement of Violations Gorman explained this is the second abatement this year. There is a new owner of this property and the Fire Department hasn't had contact with them yet. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 144, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-144, a resolution of the City Council of the City of Columbia Heights declaring the property at 2348 45th Avenue N.E. 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 2006-144 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 Mortgage Electronic Reg System (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2348 45th 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 August 17,2006 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 July l4, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 1 5,2006, inspectors reinspected the property listed above. Inspectors noted the five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5,2006, inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove tree from garage and repair any damage. B. Shall repair damaged overhead garage door. C. Shall repair side storm door. D. Shall repair damaged siding of porch on the NE comer of the house. E. Shall remove any/all scrub growth from around 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 2348 45th Avenue 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. ORDER OF COUNCIL 1. The property located at 2348 45th Avenue 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. P.lS City Council Minutes September II, 2006 Page 10 of 25 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 E) Adopt Resolution No. 2006-145, Declaring Property at 4017 6th Street a Nuisance and Approving Abatement of Violations Gorman reported that the outside storage had been taken care of as of today, so this one can be closed as it was brought into compliance. Peterson closed the hearing as this property is in compliance. F) Adopt Resolution No. 2006-146, Declaring Property at 4231 6th Street a Nuisance and Approving Abatement of Violations This property was written up for outside storage issues in July. The items are still there per Gorman. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-146, a resolution of the City Council of the City of Columbia Heights declaring the property at 4231 6th Street N.E. 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 2006-146 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 Bates (Hereinafter "Owner of Recordlt). Whereas, the owner of record is the legal owner of the real property located at 4231 6th Street N.E. ColuInbia 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 August 7, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 25, 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 August 7,2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the foHowing conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; TARP, DAMAGED BASKETBALL HOOP, FURNITURE, MISe. GARBAGE, AND CARDBOARD 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). P.16 City Council Minutes September 11, 2006 Page II of25 CONCLUSIONS OF COUNCIL 1. That the property located at 4231 6th 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. ORDER OF COUNCIL 1. The property located at 4231 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 G) Adopt Resolution No. 2006-147, Declaring Property at 4236 Polk Street a Nuisance and Approving Abatement of Violations This property started with seven violations, and is now down to one. The garage service door still needs repair and the Fire Dept. will continue with the process until it is in full compliance. Motion by Diehm, second by Ke1zenberg, to waive the reading of Resolution No. 2006-147, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Ke1zenberg, to adopt Resolution No. 2006-147, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Polk Street N .E. 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 2006-147 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 Al- Noor Agil (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4236 Polk 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 August 8, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 31, 2006, an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 8, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Replace/repair the service door on 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). P.17 City Council Minutes September II, 2006 Page 12 of25 CONCLUSIONS OF COUNCIL 1. That the property located at 4236 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. ORDER OF COUNCIL 1. The property located at 4236 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2 H) Adopt Resolution No. 2006-148, Declaring Property at 4349 ih Street a Nuisance and Approving Abatement of Violations Gorman stated the previous abatement was for large trees and brush on the property that were removed today. The doors seem to be secure so this hearing can be closed as the property is in compliance with the previous orders. Peterson closed the hearing as the property is in compliance. I) Adopt Resolution No. 2006-149, Declaring Property at 4501 5th Street a Nuisance and Approving Abatement of Violations A small pile of debris has been there since July. Gorman suggests continuing with the process to motivate the owner. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-149, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, seconded by Diehm, to adopt Resolution No. 2006-149, a resolution of the City Council of the City of Columbia Heights declaring the property at 4501 5th Street N.E. 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 2006-149 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 Timothy Lawrence (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4501 5th 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 August 22, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 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. P.18 City Council Minutes September II, 2006 Page 13 of25 2. That on August 22, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 6,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove alVany outside storage from the property - Old fencing/construction material, Pieces of lumber/pallet. 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 4501 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 450 15th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. J) Adopt Resolution No. 2006-150, Declaring Property at 4536 6th Street a Nuisance and Approving Abatement of Violations This property still has tires stored on the property that have not been removed. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 150, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-150, a resolution of the City Council of the City of Columbia Heights declaring the property at 4536 6th Street N.E. 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 2006-150 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 Kim Zimmer (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4536 6th 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 August 22, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: P.19 City Council Minutes September II, 2006 Page 14 of25 FINDINGS OF FACT 1. That on July 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 August 22, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any outside storage from the property -Tires along north side of 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 4536 6th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4536 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. K) Adopt Resolution No. 2006-151, Declaring Property at 5011 5th Street a Nuisance and Approving Abatement of Violations This property was written up for a tarp between the alley and garage that covered large pieces of concrete. The tarp is now gone, but the concrete chunks are still there as well as tall weeds in the yard. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006- 151, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-151, a resolution of the City Council of the City of Columbia Heights declaring the property at 5011 5th Street N.E. 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 2006-151 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 Bevanna Mellema (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5011 5th 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 August 21, 2006 P.20 City Council Minutes September II, 2006 Page 15 of25 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 July 13, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21,2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 1, 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 Codes(s) were found to exist, to wit: A. Remove concrete chunks from along alley. B. The tall grass/weeds (will be referred to Public Works) 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 5011 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 5011 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. L) Adopt Resolution No. 2006-152, Declaring Property at 4538 5th Street a Nuisance and Approving Abatement of Violations There is a problem with outside storage items. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 152, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-152, a resolution of the City Council of the City of Columbia Heights declaring the property at 4538 5th Street N.E. 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 2006-152 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 Frank E. Oswald (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4538 5th 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 August 16,2006 P.21 City Council Minutes September II, 2006 Page 16 of25 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 July 12,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 16,2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 31, 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 Codes(s) were found to exist, to wit: A. Remove all/any outside storage from the property - Ladder, Truck topper, Exercise equipment, Hoses, Oil pan, Bucket, Vent/grate, Bricks in back yard 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 4538 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4538 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. M) Adopt Resolution No. 2006-140, Approving Rental Housing License Revocation at 1207-09 Circle Terrace Blvd. This property was written up for needing a new front entry door and corrections to the condensation drainage from central AC. Carolyn Tilletson, an agent for Deer Meadow Holdings was present. She explained they recently purchased the property and had two bad tenants who have been removed. The two items listed above have been fixed and she presented pictures as proof. She stated there are piles of dirt, concrete, and debris in the yard that have been dumped there by unknowns. She asked if there was information on how to dispose of items and what the city codes are for refuse and rental issues. Gorman stated he would get the information to her. Diehm told her that the city also assists owners with the tenant screening process if she so desired. Peterson suggested she get the license numbers of who is doing the illegal dumping, if possible, and to put up signs for "no dumping allowed". Gorman stated he would like to table this matter to give the Fire Dept. time to check to see these items have been resolved. Motion by Nawrocki, second by Williams, to table this License Revocation until the next meeting to allow time to check the status of corrections. Upon vote: All ayes. Motion carried. P.22 City Council Minutes September II, 2006 Page 170[25 N) Adopt Resolution No. 2006-141, Approving Rental Housing License Revocation at 1340 Pierce Terrace This property has a new owner who hasn't applied for a license or paid the fees. Nawrocki stated there is junk stored on site also. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 141, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-141, 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 Corwin Spears regarding rental property at 1340 Pierce Terrace N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-141 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 Corwin Spencer (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1340 Pierce Terrace 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 August 7, 2006 of an public hearing to be held on September 11,2006. . 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 19, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 7, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by reglar 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: 4. Failure to license the rental license for the property, failure to submit the application and the fees and failure to schedule an inspection. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number U1340 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. 0) AdoVt Resolution No. 2006-142, Approving Rental Housing License Revocation at 3935 Polk Street. This is a new rental property. The owner has not obtained a License nor paid the fees. P.23 City Council Minutes September II, 2006 Page 18 of25 Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2006-142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-142, 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 Oscar Curtis regarding rental property at 3935 Polk Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-142 Resolution of the City Council for the City of Co!. Hgts. approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Oscar Curtis (License Holder). Whereas, license holder is the legal owner of the real property located at 3935 Polk Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 18, 2006 of an public hearing to be held on September 11, 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 July 26, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 18, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to return the required application and fees to obtain a rental license for the property, and failure to schedule an 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 U3935 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. P) Adopt Resolution No. 2006-143. Approving Rental Housing License Revocation at 4258 2nd Street This property was addressed last spring. The house was vacant for a while and now has renters living there. The owner has failed to obtain the license and to pay the necessary fees. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-143, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-143, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City P.24 City Council Minutes September II, 2006 Page 19 of25 Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Inez Muirana regarding rental property at 4258 2nd Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-143 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 Inez Muirana ("License Holder"). Whereas, license holder is the legal owner of the real property located at 4258 2nd 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 August 18, 2006 of an public hearing to be held on September II, 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 August I, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 18, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to return the required application and fees to obtain a rental license for the property, and failure to schedule an inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 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 U4258 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. Q) Re-Issue Rental Housing License for 4600 Polk St NE The issues against this property have been resolved. Therefore, licensing can be re-instated. Motion by Kelzenberg, seconded by Williams to issue a rental housing license to Ita Ekah to operate the rental property located at 4600 Polk St NE in that the provisions ofthe residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. R) Re-Issue Rental Housing License for 4612 Polk St NE The issues against this property have been resolved. Therefore, the licensing can be re- instated. Motion by Williams, second by Diehm, to issue a rental housing license to Ita Ekah to operate the rental property located at 4612 Polk St NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. P.25 City Council Minutes September 11, 2006 Page 20 of25 Additional Comments *Nawrocki stated that after the last meeting whereby 1615 Fairway Dr was addressed, he has taken another look at the property. It is in very poor condition. The fence is down, the water in the pool is stagnant, and he has referred this to the Fire Dept. Even though the property is in probate, something needs to be done to clean this up. *There also was a discussion regarding Wagamon's property and that he didn't accept the wording in the memo he received regarding the use of this property. He thinks it is very unsightly, and that maybe it's time to implement a commercial maintenance code. Since commercially zoned properties don't require hard surfaced parking, and his business involves repair of old engines and vehicles, there are outdoor storage issues of items that wouldn't be allowed on a residential property. Hoeft advised the council that the only issue they could do something about was the residential property they purchased that they are using to park vehicles on. Sargent stated he hadn't researched that property to the west of the main business location, but he would and then report back to the council. Peterson stated he would go out to talk to Mr. Wagamon and see if they can get him to clean up the site in a friendly manner since he has operated his business at the location for approximately 40 years. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Resolution 2006-133, Adopting a Proposed Budget for the Year 2007, Setting the Proposed City Levy, Approving the HRA LevY, Approving a Tax Rate Increase, and Establishing a Budget Hearing Date for Property Taxes Payable in 2007 Elrite reviewed the alternatives that could be adopted by the City Council. He explained that whatever is passed at this meeting is the maximum amount that can be levied. The figure can be reduced once the final budget is adopted, but it cannot be increased. Nawrocki expressed his dismay that the City Manager is not present at this meeting to address this important issue. He didn't feel there should be any increase this year. Last year the increase was to have been 4 ~%, but in reality turned out to be 8-9%. He stated he thought there was money in reserve and that further cuts could be made to the budgets to ensure the city can meet its expenses out of the general operating fund. Williams stated the increase is only estimated to be 2.41 % this year. He pointed out that while market values have increased by over 200% in the last 10 years, tax levies have only increased by 13 % over that same time. Motion by Williams, seconded by Kelzenberg, to waive the reading of the resolution, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution 2006-133 being a resolution adopting a proposed budget, setting the General, Library, and EDA proposed levy at $6,500,613, establishing a budget hearing date for property taxes payable in 2007 for December 4,2006 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, P.26 City Council Minutes September II, 2006 Page 21 of25 and approving the HRA levy of$176,330. Upon vote: Ayes: Peterson, Kelzenberg, Williams, Diehm. Nay: Nawrocki. Motion carried. RESOLUTION 2006-133 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2007. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2007 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor CapitaI/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,685,591 881,386 317,228 159,828 190,074 682,060 5,375 156,055 365,500 658,760 955,000 550,169 7,225,307 6,214,700 2,148,338 1,613,395 1,391,506 369,835 268,535 1,794,926 34,633,568 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including pp.np.n11 ail valorp.m tax lp.vip.~ anill1~p. of nmil halan~p.~ a~ hp.rp.inaftp.T ~P.t forth fOT thp. Vp.aT ?007' General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor CapitaI/Non-Operating Revenue 8,685,591 881,386 317,228 159,828 190,074 682,060 5,375 156,055 365,500 658,760 955,000 550,169 7,225,307 6,214,700 P.27 City Council Minutes September II, 2006 Page 2201'25 Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 2,148,338 1,613,395 1,391,506 369,835 268,535 1,794,926 34,633,568 Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy Estimated Library Levy Estimated EDA Fund Levy Total 2007 Levy 5,854,967 504,748 140,898 6,500,613 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2007 in the amount of $176,330. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 4,2006 at 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2007 that is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2007. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County. Minnesota. 2) Adopt Resolution No. 2006-137, being a Resolution to approve a Conditional Use Pennit for Outdoor Storage at 4849 Central Avenue Jeff Sargent, City Planner, reviewed the request and a map of the site showing the location of the storage proposed. Nawrocki was concerned that parking spaces would be taken for these containers. He believes it will only add to the mess currently there. The storage on the south side of the building was discussed. Sargent had addressed this with the manager and told him that outdoor storage along the south side of the building is in violation of city codes and they will be cited if it continues. The Manager said people drop off items at all hours, and each morning it is cleaned up. They are trying to solve the problem with the proposed storage containers. The Planning & Zoning Commission recommended approval with a 4-1 vote on September 6, 2006. Diehm stated she had a problem approving a conditional use pennit when they currently are in violation of the city code. The point of a CUP is to meet conditions for an allowed use, and they have a track record of not trying to meet conditions already in place. She doesn't think additional outside storage will help clean up the site. She was disappointed that no one from the business was present to answer questions. P.28 City Council Minutes September II, 2006 Page 23 of25 Williams was concerned that the new housing project Grand Central Lofts overlooks this site. He would like to see an improvement made, but doesn't want to make it worse. Sargent explained there are conditions outlined in the CUP and those address the location, size, and screening required. He said the process started when he called them and told them they needed to clean up the site. The proposed storage containers would allow them about 1,000 square feet of extra storage. Peterson thought it would be an improvement and ifthey continue to violate outside storage issues, they need to be cited. Nawrocki asked what penalties are incurred for citations. The City Attorney stated it is up to the judge, but it usually means a monetary fine of $50 - $500 depending on the situation. Repeat violations incur greater fines. He cited examples of other cases in town that have gone to court and what the fines were. Hoeft then counseled the City Council on outdoor storage issues and what approving a CUP would mean. Williams questioned what process would be followed if they don't follow the conditions listed. He was told they could be issued a citation or that a hearing could be held to revoke the CUP and then no outdoor storage would be allowed at all. Motion by Diehm, second by Williams, to table this until the next meeting for further information regarding the location of the containers and the fencing material that will be used to ensure they will comply with the conditions listed in the CUP. Upon vote: All ayes Motion carried. 3) Adopt Resolution No. 2006-138, being a Resolution to approve a Conditional Use Permit for Outdoor Storage at 5101 University Avenue This was withdrawn by the applicant. Nawrocki stated he is still concerned with this site. It continues to look like a junkyard and he is concerned with the storage of tires on site. He said it is a fire hazard. Sargent said Mr. Trapp and Mr. Miske are the owners of the property and want to clean the property up. They told Sargent that the tenant called today and said he couldn't comply with the requirements so his lease was terminated effective the end of September. Mr. Trapp asked for an additional 8 days to get the site cleaned up before a new tenant can be found. Sargent stated he had been in contact with Cpt. Roddy in the Police Dept. to see how this can be handled until October 8th. Mr. Trapp indicated he had received 25 citations thus far, and is making every attempt to bring the property into compliance. The City Attorney advised the council and staff to give the property owner a chance to do what he said he would. He also reminded council that commercial properties cannot be abated. Staffwill keep the City Council informed of the status as it progresses. 4) Adopt Resolutions 2006-153, 154, 155, and 156 for the Denial of Site Plan Approval and Variances for property at 4900 Central Avenue and 4910 Central Avenue. P.29 City Council Minutes September I I, 2006 Page 24 of25 The applicant, Border Foods, withdrew his application for site plan approvals and variance requests at noon today, September 11, 2006. Copies of this request were passed out to Councilmembers at the meeting. ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Magee had nothing further to report. Nawrocki asked about 4152 Cleveland Street and that no progress has occurred there in the last few weeks. He stated there was a large dirt pile in the front near the fire hydrant that needed attention. He also asked to have 3841 3rd Street checked, as there are unlicensed vehicles on site and auto repair going on at the property. He reported that he had received an email from Mark Hinrichs regarding the Silver Lake Pavilion having holes in it and whether it is scheduled for repairs. Report of the City Attorney Nothing further to report CITIZENS FORUM No one wished to speak. COUNCIL CORNER Kelzenberg- · Praised seven members of the CERT team who went to Le Sueur County to help with tornado clean up. e Reminded people to attend the thndraiser held for Tara from NE Ba..'1k who is fighting leukemia. The event will be held at Murzyn Hall September 13th from 5:30-8:30 pm. The public is invited to attend. Dinner, music, a silent auction, and games will be held. . Reminded everyone to vote in the primary September 12,2006. Williams- · He believes the City is continuing to improve and is headed in the right direction. . Watch out for children now that school is back in session. Peterson- · Also reminded people to attend the Tara Fundraiser. She needs our prayers and financial help. . September 11 th is the 5 year anniversary of a great tragedy in our history. Don't forget to thank the servicemen and women who serve to protect our freedoms. Diehm- . Reported that the High School was broken into over the weekend and vandalized. . Two big events are coming up--SACA's 30th Anniversary Party on Saturday, September 23 from 10-4 at 627 38th Avenue. Everyone is invited. . Annual Gala at Crestview on Oct. 13th. More information will be provided at a later date. Nawrocki- . Anoka County had their quarterly meeting and some of the items discussed were: - Homeland Security Function P.30 City Council Minutes September 11, 2006 Page 25 of25 - A book is now available regarding the Growth Pressures on Sensitive Areas (especially in the metro area) · Next year will be the 150th Anniversary of Anoka County. They will be selling a book on the history of Anoka County. A mailing will go out featuring events of all the various communities. And an old fashioned Oxcart, reflecting its historical importance, will be used throughout the year to attend some of the functions. · The Northstar advisory committee set their budget. 2/3 of the cost of the Northstar train will be the responsibility of Anoka County residents. And he doesn't see a big advantage for Columbia Heights residents since we won't have any stations, and the one that was planned for 61 st Ave in Fridley has been postponed. There will be 5 trains coming into Minneapolis in the morning and 5 returning north during the rush hour at night, with 2 other trains that will be scheduled sometime during the day. · Anoka County set their budget figure at 30 million. Columbia Heights pays for 4% of this amount. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:04 pm Shelley Hanson, Secretary P.31 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL PRIMARY ELECTION CANVAS SEPTEMBER 15, 2006 5 .~-\-b THE:SE MINUTES HAVE NOT BEEN APPROVED. Call to Order/Roll Call Mayor Peterson called the meeting to order at 7 :41 a.m. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Absent: Councilmember Williams, Councilmember Kelzenberg Pledge of Allegiance - recited Adopt Resolution No. 2006-136, Canvassing Primary Election Returns of September 12, 2006 Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2006- 136, there being ample copies available to the general public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution 2006-136, being a Resolution Canvassing Municipal Primary Election Returns. Upon vote: All ayes. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 7:42 a.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.32 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 25, 2006 AGENDA SECTION: NO: Consent ~." -2. ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROV AL ITEM: Establish Library Budget meeting BY: Walter R. Fehst DATE: September 22, 2006 NO: DATE: The Library budget meeting was approved for October 2,2006. Following this, it was realized that Monday, October 2,2006 is the date ofthe Special Assessment hearings at 6:00, 6:30 and 7:00 p.m. Staff has indicated that the hearing may last until 8:00 p.m. Therefore, it is recommended to change the Library budget meeting to Wednesday, October 25, 2006 at Murzyn Hall. This would be just prior to the Recreation budget meeting. Recommended motion: Move to reschedule the Library budget meeting to Wednesday, October 25, 2006 at Murzyn Hall, beginning at 6:30 p.m. COUNCIL ACTION: P.33 CITY COUNCIL LETTER AGENDA SECTION: Consent NO. 'A-~ ITEM: Accept U.S. Dept. of Justice COPS 2006 NO. Secure Our Schools Grant #2006CKWX611 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE BACKGROUND In late June 2006, the Columbia Heights Police Department applied for a grant called Secure Our Schools through the U.S. Department of Justice. Sergeant John Rogers of the Columbia Heights Police Department, with the assistance of Columbia Heights School District Superintendent Nancy Kaldor and School District Manager of Finance Joe Primus, wrote the grant. The grant is to be used to secure and make safe schools and students in our district from terrorism and other forms of criminal activity. Specifically, this grant will allow for additional security cameras in the gym area of the High School and will allow the three elementary schools to be equipped with proximity reader security at each door. This will allow the School District to secure the schools at any given time and will allow for access by public safety personnel as needed. This is the same system currently used in our City Hall, so the same cards we now carry will give us access to our buildings and to the School District's buildings. The grant is for $51,598 and requires a 50 per cent match. The match of$51,598 is being paid by the Columbia Heights School District. The School District itself is not allowed to apply for this grant; it is a requirement of the federal government that the grant be applied for by law enforcement. Since we could see a direct benefit from this grant to our police and fire services, we decided to work with the School District and apply for the money. ANALYSIS/CONCLUSION On September 18, 2006, the Chief of Police was notified that our Police Department had been awarded a COPS 2006 Secure Our Schools grant in the amount of $51,598. This grant also requires a 50 per cent match of $51,598, which is to be covered by the Columbia Heights School District. Since it was a requirement of the federal government that this grant had to be applied for by a law enforcement agency, the Columbia Heights Police Department worked with the Columbia Heights School District to apply for the grant. The City Council must now approve acceptance of this grant. RECOMMENDED MOTION: Move to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice, COPS 2006 Secure Our Schools grant in the amount of$51 ,598, with the 50 per cent match of $51 ,598 to be paid by the Columbia Heights School District. TMJ :mld 06-170 COUNCIL ACTION: P.34 REel I r- n ,} . l_ 5''''0 t>/ f 8 u.s. Department of Justice ' " Office of Community Oriented ~fi(;.mg.~Si~r:Vi6es ! G H T S 001' Ie,,,... 1'" r'>, " T' I I.. I:. Ut.hi"n i I\.AENT Office of the Director 1100 Vermont Avenue, NW Washington, DC 20530 September 11, 2006 Chief of Police Thomas Johnson Columbia Heights 559 Mill St. NE Columbia Heights, MN 554213822 Re: Secure Our Schools Grant #: 2006CKWX0611 Dear Chief of Police Johnson: On behalf of Attorney General Alberto R. Gonzales, it is my pleasure to congratulate you on receiving a COPS 2006 Secure Our Schools grant. Enclosed is your agency's award document with a list of special conditions (on the reverse side) that apply to your grant. The award amount is $51,598.00. You will also find enclosed an ACH- Vendor form, a letter regarding civil rights requirements, a Financial Status Report (SF-269A) with a Helpful Hints Guide, and a Fact Sheet regarding on-line filing of your quarterly SF-269A. Please read and familiarize yourself with the grant award conditions prior to signing the award document. To accept your grant, the law enforcement and government executives listed on the document must sign the enclosed original grant award and return it to the COPS Office within 90 days. Failure to submit the signed award document within this 90-day period may result in withdrawal ofthe grant without further notice from the COPS Office. Your grant award period officially began on September 1, 2006 and runs through August 31, 2008. Extensions of time to expend grant funds may be offered on a case-by-case basis. Information on extensions will be made available approximately three to four months before the grant period is set to expire. Should you have any questions regarding the award process, please contact your grant coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf of the COPS Office, we look forward to working with you on this important school safety project. Sincerely, GJ\(kQ Carl R. Peed Director Enclosures P.35 u. S. Department of Justice .H> Corrtmunity Oriented Policing SerJ!lces:.. ..Gran,ts~dministratiolI..pivisiQ~ (GAP) S~b'ureiOurSchoijj~ ... .... ......... ....... "d._.. .....,.. .....,...........,.... ..... '..... ....--... Project Title:SecufifOufSchools .. . Grant #: 2006CKWX0611 ..<; ORl #: MN00204 .App1icllnt Organization'~Legal NllIlle: C()lumbiaJ::I~ights Vendor #: .416005069< ,............... .....,..........,. -...... ...'-" ......, ........ ... Law Enf6f~~furintEie~titiverCI1~~f of:r()l~t~ Thomas M. Johii$6n' .... .':':Add'tessY.'.ssifMilfsDNE City, State, Zip Code: Columbia Heights, MN 554213822 Telephone: (763) 706-3755 Fax: (763) 706-3752 ...... ..... ..... ..... ....... _.'''h' ..... -.... ........ ...... .... .d. .-...... .................. ,Gov~~rifubnt Executive: Mayo! Gatyp:~erson; ........ . .... ..n..'" Address: 5QPA:Pth Aye. N~.. ... ........ ......... ........ .... ..;:91tY, State, Zip Code: ,cdftm.Wa Hgig~t$;MN354213822' Telephone: (763)706-3607" Fax: (763)706-3601 9/1/2006 .. ...... ........... ........ .... ... ,d,. . ..". ....... .... ._ ..... AWllrd' EndDaie: 8/3i!200g> . -.,." ..... ..AWM~~J ., .., -. ....--....,.., ...-.., ... ,.. '.,. " . ,..- ,. ..... . ...-. ....... ... Carl R. Peed, 6ire6fbj-> AUG 3 1 2006 ,. ... ..... Date .:'>>" Signature of Law.'. Enford~mentOfficial with Authority to Acceptth1sGraIltA:w8.l'cI Typeci Name.a.rtd Title of Law Enfor~~men~ ... .. OffiCial ...... Signature of Government Official with the Authority to Accept this Grant A w~d .>) Typed Name and Title of Government Official False statements or claitfisnl~ae iI'lton!1~dtiohW~thCOfS grants may result in fiQe.s,impHsofit11enrdd~fu.rri~nt from participating in federal grantsorCOIltr~cts, a.Bd/9(any remeclyavailableby lawtci#le Fed~ral{jove,mment. P.36 ... ..... .... .... ..:AWatdttH8407'i U. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) Secure Our Schools 1100 Vermont Avenue. NW Washington. DC 20530 Memorandum To: Chief of Police Thomas M. Johnson Columbia Heights From: Michael E. Dame, Assistant Director Kevin Andrews, Grant Program Specialist Budget Prepared By: Wanda Seawright, Grant Program Specialist Re: Secure Our Schools Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. OJP Vendor #: 416005069 OR! #: MN00204 Grant #: 2006CKWX0611 Budl!'et Catel!orv Pro Dosed Budl!'et ADD roved Budl!'et Adiustments Disallowed/Adiusted - Reasons/Comments Equipment $103,195.58 $103,195.58 $0.00 Direct Costs: $103,195.58 $103,195.58 $0.00 =====:======================================================= Grand Total $103,195.58 $103,195.58 $0.00 Grand Total: Federal Share: $ 51,598.00 Applicant Share: $ 51,598.00 Cleared Date: 8/17/2006 Overall Comments: Prior to obligation, expenditure or draw down of grant funds for non-competitive contracts in excess of $1 00,00, grantee must submit a sole source justification to the COPS Office for review and approval. P.37 Joseph Primus, CPA Manager of Finance pri musj@>colheights.k12..mn.us 763-52.8-4411 BUSINESS OFFICE 1440 49th Avenue N E Columbia Heights, MN 5542' 763-571-92.02. FAX www.colheights.k12..mn.us -1~ ~r 'i\ ~~ , /11 I h'1N-.1~ 10 (rl-v1 LVOU..{~ D2- '-""". I ~J .ef'~J- totu~ ~ k irvt ~ I &-rJNJ ~ 's; tAJ" t~~~, .~ ,I'. (1 Ib ( f\MX~ 'ffl.u- \ ~ L- '-\-1'~ Lo(~ww:;:tUn "'" f '" .~ _ ( -1"'''-0 l\--t~ . Q~~ f 7b]-S;)?-~'f'l/ -be ~ i -tk~ao ~j ~! ~&<<~ ~(uJL" I~~ e 1"'3 5'~r- 'N7'7 P.38 ISO #13 Columbia Heights Security Projects Highland Card Access Project Valley View Card Access Project North Park Card Access Project Central Middle School Additional Card Reader High School - Gym and Lunchroom cameras 26,313.79 24,885.76 24,721.69 4,597.28 22,677 .06 Total costs of Security projects 103,195.58 Columbia Heights 50% Matching Contribution 51,597.79 COPS Grant 51,597.79 6/13/2006 8:26 ArvP. 3 91s grant.xls Sheet1 1I..a...... \ ;~~. I <.':.,:0rlJ'" 1 Trans-Alarm, Inc. 500 East Travelers Trail Bumsville, MN 55337 (952) 894-1700 - Fax (952) 895-3567 NAME IDS #13 Hiehland ADDRESS SALES REPRESENTATIVE Brent Ohlemann CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 DATE June 7, 2006 CITY STATE ZIP Columbia Heights MN TYPE OF SYSTEM FILENAME 2006 Highland.xls FAA Card Access Scope of Work: Provide Provision and Proffessional Installation of a new Card Access and Monitoring System for Valley View. This system will consist of: Control Equipment installed in the communications room - Card Access Controllers, Alarm Input Controllers, Electric Lock Power Supplies. Control Panels will be connected to the LANlEthernet Card Readers, Electric Door Locking Hardware and Door Alarm Contact Sensors at the required doors. Cable will be installed from the Control Panel Room out to each door through the suspended ceiling in the hallways. Conduit will be installed at the doors with hard fmish ceiling above the door where neccessary This system will be programmed and administrated by the existing Head End Software already installed at the High School. Communication from the software to each building will be via LANlEthernet Door Schedule: Door 1 - (2) Alarm Contacts Sensors Door 2 - (2) Alarm Contacts Sensors, (1) Proximity Card Reader, (2) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Door 3 - (1) Alarm Contacts Sensors Door 4 - (1) Alarm Contacts Sensors Door 5 - (2) Alarm Contacts Sensors, (1) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Door 6 - (1) Alarm Contacts Sensors Door 7 - N/A Door 8 - (1) Alarm Contacts Sensors Door - Overhead - (1) Overhead Alarm Contacts Sensors Door 9 - (4) Alarm Contacts Sensors, (1) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Door 10 - (I) Alarm Contacts Sensors Door 11 - (4) Alarm Contacts Sensors, (1) Proximity Card Reader, (I) Electrify Existing Panic Hardware. (l) Keyswitch for enable or disable of Elect Lock. Required work by Customer: Provide 11 Ovac outlet in control panel room for system power Provide Network Connection and IP address for System Communication to Software Thank You Proposal is valid for 30 days from proposal date. PAD CITY STATE Columbia Heights MN TYPE OF SYSTEM NAME IDS #13 Hi land ADDRESS Trans-Alarm, Inc. 500 East Travelers Trail Bumsville, MN 55337 (952) 894-1700 - Fax (952) 895-3567 Project Equipment Summary SALES REPRESENTATIVE DATE Brent Ohlemann June 7, 2006 ZIP CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 FILENAME 2006 Hi hland.xls FAX Card Access TIIE SYSTEM PROPOSED WILL INCLUDE: I Quantity I Item Description 4 1 1 ] 1 1 I 2 I 1 1 4 5 4 5 19 1 4 4 Equipment & Material IM-1270, 12 Volt 7.0 AH Battery Plug Mold Power Dist. panel Enclosure Power, 24v Lock Power Lock Pwr Supply for DSX 24Volt Six Slot Equip. Enclosure w/Lock & Key Power Distribution Panel Intelligent 2 Door I/O Controller Communications Disbribution Module Inteligent I/O Controller (Inputs) DSX LAN Interface MiniProxTM Proximity Reader EL Base Plate for V onDuprin 99 Exit Device Power Supply for VD EL Devices Heavy Duty Power Transfer Hinge Brown I" Stubby Recessed Steel Door Contacts Overhead Door Contact Keyswitch Best Cylinder by customer Cable & Connectors CP2P 22A WG 6 Cond Shielded (T A Green) CL2P IRA WG 2 Cond Stranded Shielded (TA Green) CL2P 22A WG 4 Cond Stranded Unshielded (T A Green) CL2P 14A WG 2 Cond Stranded Unshielded Conduit & Wiremold Misc Connectors Equipment and Materials $ Installation Labor $ Grand Total $ 13,814.41 12,499.38 26,313.19 P.4l Proposal is valid for 30 da~'s from proposal date. .--"\'Ii."'" ;~... ..",,: . r:.-'~.=... I '. Trans-Alarnz, Inc. 500 East Travelers Trail BumsvilIe, MN 55337 (952) 894-1700 - Fax (952) 895-3567 NAME IDS #13 Valley View ADDRESS SALES REPRESENTATIVE Brent Ohlemann CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 DATE June 7, 2006 CITY STATE ZIP Columbia Heights MN TYPE OF SYSTEM FILENAME 2006 Valley View. xis FAA Card Access Scope of Work: Provide Provision and Proffessional Installation of a new Card Access and Monitoring System for Valley View. This system will consist of: Control Equipment installed in the communications room - Card Access Controllers, Alarm Input Controllers, Electric Lock Power Supplies. Control Panels will be connected to the LAN/Ethernet. Card Readers, Electric Door Locking Hardware and Door Alarm Contact Sensors at the required doors. Cable will be installed from the Control Panel Room out to each door through the suspended ceiling in the hallways. Conduit will be installed at the doors with hard fmish ceiling above the door where neccessary This system will be programmed and administrated by the existing Head End Software already installed at the High School. Communication from the software to each building will be via LANlEthernet. Door Schedule: Door 1 - (2) Alarm Contacts Sensors Door 2 - (2) Alarm Contacts Sensors, (I) Proximity Card Reader, (2) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Door 3 - (1) Alarm Contacts Sensors Door 4 - (1) Alarm Contacts Sensors Door 5 - (2) Alarm Contacts Sensors, (I) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (i) Keyswitch for enable or disable of Elect Lock. Door 6 - (1) Alarm Contacts Sensors Door 7 - N/A Door 8 - (1) Alarm Contacts Sensors Door - Overhead - (1) Overhead Alarm Contacts Sensors Door 9 - (1) Alarm Contacts Sensors Door 10 - (4) Alarm Contacts Sensors Door 11 - (4) Alarm Contacts Sensors, (1) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (I) Keyswitch for enable or disable of Elect Lock. Required work by Customer: Provide II Ovac outlet in control panel room for system power Provide Network Connection and IP address for System Communication to Software Thank You Proposal is val id for 30 days from proposal date. P.42 CITY STATE Columbia Heights MN TYPE OF SYSTEM NAME IDS #13 Valle View ADDRESS Trans-Alarm, Inc. 500 East Travelers Trail Burnsville, MN 55337 (952) 894-1700 - Fax (952) 895-3567 Project Equipment Summary SALES REPRESENTATIVE DATE Brent Ohlemann June 7, 2006 ZIP CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 FILENAME 2006 VaIle View.xIs FAX Card Access THE SYSTEM PROPOSED WiLL INCLUDE: I Quantity I Item Description 4 1 1 1 1 1 1 2 1 1 1 3 4 3 3 19 1 3 3 Eauipment & Material IM-] 270, ]2 Volt 7.0 AH Battery Plug Mold Power Dist. panel Enclosure Power, 24v Lock Power Lock Pwr Supply for DSX 24Volt Six Slot Equip. Enc]osure wlLock & Key Power Distribution Panel Intelligent 2 Door 1/0 Controller Communications Disbribution Module Inteligent 1/0 Controller (Inputs) DSX LAN Interface MiniProxTM Proximity Reader EL Base Plate for VonDuprin 99 Exit Device Power Supply for VD EL Devices Heavy Duty Brown 1" Stubby Recessed Steel Door Contacts Overhead Door Contact Keyswitch Best Cylinder by customer Cable & Connectors CP2P 22A WG 6 Cond Shielded (T A Green) CL2P 18A WG 2 Cond Stranded Shielded (TA Green) CL2P 22A WG 4 Cond Stranded Unshie]ded (T A Green) CL2P 14A WG 2 Cond Stranded Unshielded Conduit &.Wiremold Misc Connectors Equipment and Materia]s $ Installation Labor $ Grand Total $ 11,987.61 12,898.15 24,885.76 P.43 Proposal is valid for 30 days from proposal date. NAME IDS #13 North ark ADDRESS CITY STATE ZIP Columbia Heights MN TYPE OF SYSTEM Trans-Alarnl, Inc. 500 East Travelers Trail Burnsville, MN 55337 (952) 894- 1700 - Fax (952) 895-3567 SALES REPRESENTATIVE Brent Ohlemann CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 DATE June 7, 2006 . FilENAME 2006 North Park.xls FAX Card Access Scope of Work: Provide Provision and Proffessional Installation of a new Card Access and Monitoring System for Valley View. This system will consist of: Control Equipment installed in the communications room - Card Access Controllers, Alarm Input Controllers, Electric Lock Power Supplies. Control Panels will be connected to the LAN/Ethernet. Card Readers, Electric Door Locking Hardware and Door Alarm Contact Sensors at the required doors. Cable will be installed from the Control Panel Room out to each door through the suspended ceiling in the hallways. Conduit will be installed at the doors with hard finish ceiling above the door where neccessary This system will be programmed and administrated by the existing Head End Software already installed at the High School. Communication from the software to each building will be via LAN/Ethernet. Door Schedule: Door I - (4) Alarm Contacts Sensors, (I) Proximity Card Reader, (1) Electrify Panic Hardware on new door to be installed. (1) Keyswitch for enable or disable of Elect Lock. Door 2 - (2) Alarm Contacts Sensors Door 3 - (2) Alarm Contacts Sensors Door 4 - (2) Alarm Contacts Sensors Door 5 - (2) Alarm Contacts Sensors Door 6 - (2) Alarm Contacts Sensors, (1) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Door 7 - (2) Alarm Contacts Sensors Door 8 - (I) Alarm Contacts Sensors Door 9 - (2) Alarm Contacts Sensors, (1) Proximity Card Reader, (1) Electrify Existing Panic Hardware. (1) Keyswitch for enable or disable of Elect Lock. Option: If door I does not have new doors installed, Modifications to 1 existing panic bar and new Electrified Trim will be needed in order to electrify the door. - add: $452.00 Required work by Customer: Provide II Ovac outlet in control panel room for system power Provide Network Connection and IP address for System Communication to Software Proposal is valid for 30 days from proposal date. Thank You P.44 NAME IDS #13 North ark ADDRESS 'frun.\ .' \ .,.~ ~ ,11anri Trans-Alarnz, Inc. 500 East Travelers Trail Bumsville, MN 55337 (952) 894-1700 - Fax (952) 895-3567 Project Equipment Summary SALES RE ESENTATIVE ,DATE Brent Ohlemano ZIP CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 FILENAME June 7, 2006 2006 North Park.xls FAX Card Access THE SYSTEM PROPOSED WILL INCLUDE: I Quantity I CITY STATE Columbia Heigbts MN TYPE OF SYSTEM Item Description' 4 1 1 1 1 I I 2 ] I 1 3 3 3 2 ] 19 Equipment & Material IM-1270, 12 Volt 7.0 AH Battery Plug Mold Power Dist. panel Enclosure Power, 24v Lock Power Lock Pwr Supply for DSX 24Volt Six Slot Equip. Enclosure w/Lock & Key Power Distribution Pane] Intelligent 2 Door I/O Controller Communications Disbribution Module Inteligent I/O Controller (Inputs) DSX LAN Interface MiniProx™ Proximity Reader EL Base Plate for V onDuprin 99 Exit Device Power Supply for VD EL Devices Heavy Duty Power Transfer Hinge Door Cord Brown ] n Stubby Recessed Steel Door Contacts Keyswitch Best Cylinder by customer Cable & Connectors CP2P 22A WG 6 Cond Shielded (T A Green) CL2P 18A WG 2 Cond Stranded Shielded (TA Green) CL2P 22A WG 4 Cond Stranded Unshielded (T A Green) CL2P ]4A WG 2 Cond Stranded Unshielded Conduit & Wiremold Mise Connectors 3 3 Equipment and Materials $ Installation Labor $ Grand Total $ 11,740.23 12,981.46 24,721.69 Proposal is valid for 30 days from proposal date. P.4S CITY STATE Columbia Heights MN PE OF SYSTEM NAME IDS #13 Middle School ADDRESS 'fran... ~ 8::"" ,of lann Trans-Alarm, Inc. 500 East Travelers Trail Burnsvi1le, MN 55337 (952) 894-1700 - Fax (952) 895-3567 Project Equipment Summary SALES REPRESENTATIVE . DATE Brent Ohlemann June 7, 2006 ZIP CONTACT PERSON Bryan Bennekins CONTACT PHONE (763) 528-4479 FILENAME 2006 Middle SchooJ.xls FAA Card Access mE SYSTEM PROPOSED WILL INCLUDE: I Quantity I Item Description 3 I 1 3 1 1 Eauipment & Material IM-1270, 12 Volt 7.0 AH Battery Intelligent 2 Door Controller Electrified Lockset Heavy Duty Power Transfer Hinge Power Dist. panel Enclosure Lock Pwr Supply for DSX-10400PDM, 24Volt Cable CP2P 22A WG 6 Cond Shielded (TA Green) CL2P 18A WG 2 Cond Stranded Shielded (TA Green) Mise Connectors ScoDe of Work: Instali a new Card Reader, Electrified Lockset and Power Transfer Hinge on the back Kitchen Door. Includes all necessary Control Equipment in the panel room, Cable from control panel room out to the door and Labor. Tbank You Equipment and Materials $ Installation Labor $ Grand Total $ 2,676.28 1,921.00 4,597.28 Proposal is valid for 30 days from proposal date. P.46 NAME CRHS Camera Additions ADDRESS 1440 49th Avenue NE CITY STATE ZIP Columbia Heights MN TYPE OF SYSTEM Trans-Alarm, Inc. 500 East Travelers Trail Burnsville, MN 55337 (952) 894-1700 - Fax (952) 895-3567 SALES REPRESENTATIVE Brent Ohlemann CONTACT PERSON Bryan Hennekins CONTACT PHONE (763) 528-4479 CCTV DATE May 5, 2006 FILENAME 2006 CHHS CCTV.xls FAX Scope of Work: Provide and Install 10 new CCTV Cameras and DVR Head End Equipment for additional cameras at CHHS. Svstem to consist of: (1) New 16 Channel 640 GB DVR to match existing system and to be access by existing CCTV!OVR software. DVR will be located in the main IT room by the existing DVR's. (1) New Multi-Camera Power Supply (10) New Vandal Proof Mini-Dome Color/ Hi Resolution Cameras with Smoked Lens Includes installation labor and training. Cameras will be in the followine: locations: (2) in the LL Lunch Room (1) in the hallway outside the LL Lunch Room (4) in the Gym high up on the walls for proper view of bleachers & exit doors (3) outside the main office facing down the 3 hallways Also re-position the current camera by the main office and also move the camera by the pool closer to the door unless already done by Bryan H. There will be no charge for the 2 camera moves since we will already be on site. New cable will be installed for all cameras. There will be room for 6 future cameras on the new DVR. Thank You Proposal is val id for 30 days from proposal date. P.47 Trans-Alarm, Inc. 500 East Travelers Trail BurnsvilIe, MN 55337 (952) 894-1700 - Fax (952) 895-3567 PURCHASE AUTHORIZATION I PURCHASE ORDER ~..--li .. INST ALLlSHJP TO: CIllIS Camera Additions 1440 49th Avenue NE BILL TO: At1n: BILLING INFORMATION Contact Phone Fax Email Columbia Heights Grand Total S 22,677.06 35% Down Payment Due Upon Acceptance $7,936.97 AUTHORIZATION S AUTHORIZ.A nON IS SUBJECT TO TERMS AND CONDITIONS OF THE CURRENT AGREEMENT ON FTI..E DATED. I hereby authorize the above 'Description of Work' and agree to pay the Trans-Alarm invoices for the arnount(s): Signature Printed Name Date PO No. Title Sales Representative Brent Ohlemann . Applicable if an Agreement is on file. Proposal Date 5/512006 FUename ." 2006 CHHS CCTV.xls .48 NAME CHHS Camera Additions ADDRESS 1440 49th Avenue NE II..:.... ~. ~:...... ". .~~." Trans-Alarm, Inc. 500 East Travelers Trail BumsviIle, MN 55337 (952) 894-1700 - Fax (952) 895-3567 Project Equipment Summary SALESREPRESENTA TlVE DATE Brent Ohlemann CONTACT PERSON Bryan Hennekins CONTACT.PHONE (763) 528-4479 CCTV FILENAME May 5, 2006 CITY STATE ZIP Columbia Heights MN TYPE OF SYSTEM 2006 CHHS CCTV .xls FAA TIlE SYSTEM PROPOSED WILL INCLUDE: I Quantity I I Item .Description 1 10 20 ] Equipment & Material ] 6-Channel Color Triplex, Multiplexer-DVR, 640GB Vandal Proof, Color, Hi Res., Verifocal 4-9MM, Smoked Passive Twisted Pair Transceiver 24V AC Power Supply 8 Outputs 5 AMP Output Cable, Connectors & Misc Cat 5 Wire 24A WG 4PR Plenum WiremoldlConduit for Gym Cameras Lift for High Work in Gym Thank You Grand Total $ 22,677.06 Proposal is valid for 30 days from proposal date. F.49 CITY COUNCIL LETTER AGENDA SECTION: Consent NO. S - A ~L( ITEM: Transfer State of Minnesota Operation Nite NO. Funds from General Fund to Police OT Fund #1020 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso DATE September 20,2006 BACKGROUND During the past three months, the Police Department took part in the statewide Operation Nite Cap program. This program involved putting officers on our streets on overtime, enforcing driving while intoxicated laws and use of seatbelts. In August, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of$1 ,200. The money was originally paid out of our 2006 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program are initially paid out of our 2006 police budget and because according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like to see these funds moved back into our 2006 Police Department budget, line #1020-overtime, from the General Fund. RECOMMENDED MOTION: Move to transfer $1,200, the total amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program from the General Fund to the Police Department 2006 budget line # 1020 overtime. TMJ:mld 06-173 COUNCIL ACTION: P.so IT~m J~~'i~~n-- ~wCf~?pe~ NiteC~p-=-~~=======__-=--===-==~_==--=~=~-_~~_=~-~~--===_=~~--PageIJ From: To: Date: Subject: Paul Bonesteel Tom Johnson 8/9/20069:21 :01 AM Fwd: Oper NiteCap Chief FYI >>> Joseph Kloiber 8/9/20069:17 AM >>> Paul: We'll receive $1,200 for Oper NiteCap tomorrow. Joe P.51 From: To: Date: Subject: Paul Bonesteel Tom Johnson 9/2/2006 4:42:57 PM Fwd: RE: ACE *Here is the email I received for hours worked during Ace Night Cap from The State. Let me know if you need anything else. -Paul >>> "Huneke, Kammy" <Kammy.Huneke@state.mn.us> 9/1/2006 8:24 AM >>> Sorry for the delay in getting back to you. The $1,200.00 payment was for 5/13 and 6/17. The original contract was for $2,100.00 (for dates 12/16/05 through 6/17/06) and was amended for a total payment of $2,325.90. Here is a breakdown of payments per date according to the invoices I received. 12/16/05 = $227.12 1/21/06 = $599.19 2/18/06 = $299.59 5/13/06 = $900.00 6/17/06 = $300.00 Total = $2325.90 If you have any questions please let me know. Thanks, Kammy Kammy Huneke MN State Patrol 444 Cedar Street, Suite 130 St. Paul, MN 55101-5130 651-201-7113 FAX 651-296-5937 -----Original Message----- From: Paul Bonesteel rmailto:PauI.Bonesteel@cLcolumbia-heiqhts.mn.usl Sent: Monday, August 28, 2006 5:26 PM To: KammV.Huneke@state.mn.us Subject: ACE *1 received an emaillast week that we received $1200 for ACE Night Cap Reimbursement from our finance Department. Just wondering what dates they covered as I recently sent you an invoice for $2100 that was suppose to cover 3 officers that worked on 5/13 and the one that worked on 6/17/06. Please let me know. Thanks Corporal Paul Bonesteel Columbia Heights Police Department (763)706-3799 ext 416 P.52 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMA TEL Y $4,430,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A NO: MEETING OF: SEPTEMBER 25, 2006 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL BY: WIL~lt~ DATE: SEP;(MBER 22, 2006 Several years ago the City of Columbia Heights started a process of bonding for improvement projects on a tl1fee-year cycle rather than bonding on an annual basis. Accumulating the projects and issuing one bond every three years results in a significant cost savings in bond rating fees and legal expenses. The last bond that the City sold was in April of 2003. It is now time to issue another bond to cover project costs for 2004 through 2007. Attached is the ordinance drafted by Steve Bubul of Kennedy & Graven for this sale along with a preliminary estimate of the GO bonds broken down by the various projects. Mark Ruff of Ehlers & Associates will be available at the meeting on September 25th to explain this in more depth. RECOMMENDED MOTION: Move to waive reading of the Ordinance No. 1514 there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule October 9, 2006 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. WE:sms 0609222COUNCIL Attacl1f11ents: BondingAttachments .pdf COUNCIL ACTION: P.53 ORDINANCE NO. 1514 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $4,430,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby detennined that: (a) The City has duly ordered the assessable public improvements designated as Zone 7A 2004 Street Reconstruction Improvements, Zone 7B/IA 2006 Street and Utility Improvements and Huset Parkway Improvements (the Assessed Improvements) pursuant to the provisions of Minnesota Statutes, Chapter 429 (Improvement Act). (b) The City has also proposed or constructed certain improvements to the City's storm sewer, water and sanitary sewer systems (the Utility Improvements) that will be financed with utility system revenues pursuant to the provisions of Minnesota Statutes, Chapter 444 (Utilities Act). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue General Obligation Improvement and Utility Revenue Bonds Series 2006A (Bonds) in a principal amount not to exceed $4,430,000 pursuant to the Improvement Act, the Utilities Act and the City Charter, to provide financing for the Assessed Improvements and the Utility Improvements. 2. Ehlers & Associates is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1, in accordance with terms of proposal approved by the City Finance Director. The City Council will meet on Monday, November 13, 2006 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shaH be in fuil force and effect from and after thirty (30) days after its passage. First Reading: September 25,2006 Second Reading: Offered By: Seconded By: Roll Call: Date of Passage: Mayor Council Secretary Attest: City Clerk-Treasurer P.54 City of Columbia Heights Preliminary Estimates of G.O. Bonds, Series 2006 Zone 7 A - 2004 Street Reconstruction Project Outstanding Assessments from 2004 Project Subtotal Zone 7B/1A 2006 Street and Utility Improvements Assessments less 25% Estimated Prepays Water and Storm Sewer Portion Subtotal Huset Parkway Assessments less 10% Estimated Prepays Water and Storm Sewer Portion State Aid/TIF/Other Subtotal Zone 1 B, 2, 3 Utility Costs Water and Storm Sewer Portion Subtotal Water Tower Rehab 2007 Costs Subtotal Water Cleaning and Lining Program 2006 Costs 2007 Costs Subtotal 350,000 350,000 650,717 281 ,295 932,012 1,509,956 326,680 555,000 2,391,636 305,000 305,000 125,000 125,000 120,000 120,000 240,000 Estimated Costs of Issuance, Rounding, Underwriters' Discount 86,352 Maximum Bonding for Notice and Ordinance 4,430,000 P.55 :y of Columbia Heights ). Bonds. Summary Year Term Bond Information Proposed G.O. Bonds, Series 2006 'aled Date st Interest Pyrnt st Principal pyrnt 1211/2006 8/1/2007 211/2008 4,360,000 4,360,000 1 r I Par Amount of Bonds Total Sources Total Underwriter's Discount (1.250%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount Total Uses 54,500 35,000 4,270,000 500 4,360,000 For Discussion Purposes Only " , ' 395,000 3.89% 227,061 622,061 653,164 . (324.891f (154;245) .'(479,'137) 545,000 3.93% 161,867 706,867 742,210 ',' (32li.891),(1:u,135), :(458.027) 550,000 3,96% 140.448 690.448 724,970 (324.891) J112.025) . (438.(17) 555,000 3,98% 118.668 673,668 707,351 (324,891) ." (90;915), . (415.007) 555,000 4.03% 96.579 651,579 664,158 ", (324,1191), '(69.806)" . (394.697) 355,000 4.08% 74.213 429,213 450,673 ; (l09,359):f (48.896) , ,'(158,055) 365,000 4.14% 59.729 424,729 445,965 ' ,(109.3591:;'(42,134) ;(151;'193) 255,000 4.19% 44.618 299,618 314,598 (109,359Fj;:~35;572) '1:';(144.932) 260.000 4.25% 33,933 293,933 308,630 '(109.359)'\'(29.011):', '(138~370) 265,000 4.30% 22,883 287,883 302,2n :.(109.359),"(22.449): '., '.. (131,009) 60,000 4.35% 11,488 71,488 75,062 i;';:l::;:}~'i~~=l'r" ,:'~:~~l 60,000 4.39% 8,878 68,878 72,322 65,000 4.43% 6,244 71,244 74,806 '(63.729);. ,,(8,240)','(71.969) 35,000 4.47% 3,365 38,365 40,283 (38.806).1,': (4,417);: Y{41;!22) 40,000 4.50% 1,800 41,800 43,890 " " (~,llO6); ;1202(8)': ';;'(39~~~4) 1""-", ," ',.' i' ':-',' I: '," .... .,; . . Total Revenue Levy , , . (15,527) (13,226) (28.753) (80;379) (65.751j.{148.13O) (654,020) (856) (16,513) (12,240) (28.753) (85,327) '(60.803) ,(146;13O) (78.077) (37.463) (115.540) (748.449) (6,240) (17,562) (11.192) (28.753) (90.580) (55.550) , (146.130) (83.347) (32,192) (115.540) (727,339) (2,369) (18,677) (10,076) (28.753) ',(96.158),,' (49.972) , (146;130) (88.973) (26.566)' , (115.540) (706,229) 1,122 (19,664) (8.889) (28,753) , (102.079),,: (44.051);(148;130) (94.979) " (20,581) , (115.640) (685,120) (982) (21,126) (7.627) (28,753)(108,367) :".' '(37.763) , (146.130) (101,390) " (14.150) (115.540) (448.478) 2,196 (22,469) (6.284) (28,753) " (115.042)':, (31;088) (146.130) (1~) (7,308) , (115.640) (441,916) 4,049 (23,897) (4.858) (28,753) (122,130) ... '. (24;000)' (146.130) (319,815) (5,217) (25.417) (3.336) (28.753) (129.656)' .:(16.474) . '(146.130) (313.253) (4,624) (27.034) (1,720) (28,753) i (137.646) (8.484). ..(146.130) (306.692) (4,415) (79.616) (4,554) (75,793) (3,471) (71.969) 2,837 (41.222) (939) (39,014) 4,876 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 25,2006 ITEM: Special Assessment System Conversion (Page 1 of 2) ORIGINATING DEPARTMENT: IS / FINANCE BY: l/J DA TE: September 22, 2006 CITY MANAGER'S APPROV A~~ BY:~ DATE: AGENDA SECTION: Consent NO: 5~A'~ NO: In 2001 when the City of Columbia Heights eliminated the Special Assessments department and one fulltime and one part-time assessing position, they began the CityView project with the goal to use a citywide property database system. The City has been successfully using the Special Assessments and Human Resources modules (the latter was developed internally by the IS Department). Currently, the City pays $14,600 for annual CityView licenses and support. To continue using CityView, the City will need to eventually purchase a major software upgrade to "client-server" architecture (about $12,000) and change the Special Assessment module (undetermined development costs). At that time the annual support cost for CityView will increase to $17,000. At this point, the IS Director recommends not to renew CityView licenses after their expiration on April 16, 2007 and to convert the CityView Special Assessment module into a custom-developed system based on a Microsoft SQL server and Microsoft Access. The IS Department will develop a replacement for the CityView Human Resources module internally. The Special Assessment module is more technical and will need to be developed by a professional outside of the City. An alternative for custom software development can be to use Property Data and Special Assessment systems provided by LOGIS. The annual fee for using LOGIS applications depends on the number of parcels with "active" assessments. For example, the ani1ual fee for 6,000 active assessments is $4,200; for 8,000 active assessments it is $8,100. However, the LOGIS systems have two essential shortcomings: 1) LOGIS imports County property and owner data only once and the City would have to update the data manually afterwards. LOGIS is considering implementation of periodic data updates, but the timeframe is at least 12 months. 2) LOGIS does not provide an automated way to spread total construction costs across parcels. Cities need to provide assessment amounts per parcel themselves. The IS Director contacted six companies to request quotes for custom development of the Special Assessment system and received three quotes: 1. Alto Consulting and Training: Not to exceed $24,750 (275 hrs @ $90/hr). 2. IT First: from $43,050 to $86,100 (from 300 to 700 hrs @ $115-$125/hr); cannot commit to "not to exceed" amount. 3. Robert Half Teclmologies: actual development time @ 125/hr; cannot provide time estimate; cannot commit to "not to exceed" amount. P.57 Page Two Three other companies (Clientek, Digineer and Magenic) did not submitted quotes. The IS Director recommends contracting with Alto Consulting and Training for the Special Assessment System conversion. It is a Microsoft Gold Certified Partner with more than 20 years experience in custom software development. After implementing custom-developed Special Assessment system, the City will not incur annual license costs. The up front development cost ($24,750) will be fully offset in two years by not spending at least $29,200 for annual support for the current CityView software. RECOMMENDED MOTION: Move to authorize the City Manager to enter into an agreement with Alto Consulting and Training to provide conversion for Special Assessment system at a cost not to exceed $24,750. WE:aec 060922ICOUNCIL COUNCIL ACTION: P.S8 CITY COUNCIL LETTER Meeting of: 9/25/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MA~ NO: S' t\-I PUBLIC WORKS V- ITEM: ESTABLISHING AMOUNT OF ASSESSMENTS BY: K. HanSen~ BY: ~~ TO BE LEVIED DA TE: 9/21/0 DATE:"~f Consistent with Minnesota Statutes and the City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is done annually and staff considers this a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2006-165, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-165 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. KH:jb Attachment: Resolution 2006-165 COUNCIL ACTION: P.59 RESOLUTION NO. 2006-165 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 28th day of August, 2006, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2006, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.1 03, that the breakdown is as follows: PROJECT ESTIMA TED ASSESSED ESTIMA TED CITY PORTION TOTAL PORTION Zone 7B and lA Street Construction Project 0502 $ 458,442 $ 857,337 Zone 7B and 1 A General, State Aid, and Utility Funds $ 482,721 - Zone lA Street Sealcoat, Project 0601 $ 33,629 $ 64,375 Huset Parkway, Project 0404 $ 1,265,063 $1,677,460 I Dated this 25th day of September, 2006 Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk P.60 CITY COUNCIL LETTER Meeting of: 9/25/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: S--/-\-'b PUBLIC WORKS BY' 1tP- ITEM: RESOLUTION ACCEPTING BIDS AND BY, K.H'''se~ AWARDING A CONTRACT FOR CITY PROJECT #0405: DA TE: 9/2 I /06 DA TE: f Ol-~ ',t/I 2006 STORM SEWER IMPROVEMENTS / Background: On June 26, 2006 City Council authorized staff to proceed with the Mn/DOT cooperative agreement to seek bids and construct storm sewer improvements on Central Avenue from 4th to 49th Avenues. Plans and specifications were advertised for bids in the Focus on July 20, 2006 and Construction Bulletin on July 21, July 28, August 25 and September 1,2006. Eleven contractors requested copies of the bidding documents. Six bids were received and publicly read aloud at the September 15,2006 bid opening. A copy of the bid opening minutes is attached. Analysis/Con cI usions: The low bid was submitted by New Look Contracting, Inc. of Elk River, Minnesota, in the amount of $ 1 20, 1 47.75. The bid amount is approximately 3% below the Engineer's Estimate. The work is mainly focused on structure replacement and repairs to this area, involving sixteen catch basins and one manhole. Work involves the complete replacement of the structures, and where applicable, replacing castings with larger openings at the curb, minor pipe replacement, bituminous patches and placing concrete in the median area. It should be noted that this work does not increase the capacity of the area drainage system or solve the drainage problems of this area, it is a maintenance project that specifically addresses severely deteriorated structures. Staff recommends award of the project. Minnesota Department of Transportation will be contributing to the project funding with a lump sum payment of $108,000. The remaining 12,150.00 will be State Aid Maintenance funds. Recommended Motion: Move to waive the reading of Resolution No. 2006-166, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2006-166, accepting bids and awarding the 2006 Storm Sewer Improvements, Municipal Project #0405, SAP. 113-010-12, and S.P. 0207-84, to New Look Contracting of Elk River, Minnesota, based upon their low, qualified, responsible total bid in the amount of$120,147.75 with funds to be appropriated from Fund 402-50405-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH:jb Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: P.61 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Friday, September 15,2006 2006 Storm Sewer Improvements City Project 0405 Pursuant to an advertisement for bids for 2006 Storm Sewer Improvements, City Project 0405, an administrative meeting was held on September 15, 2006 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Tim Swanson, G. L. Contracting Kathy jean Young, Assistant City Engineer Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Total Bid New Look Contracting Inc. Thomas & Sons Frattalone Companies G. L. Contracting W. B. Miller Dave Perkins Contracting, Inc. $120,147.75 $122,237.40 $142,788.00 $162,301.50 $163,700.40 $196,025.00 Respectfully submitted, ~~ Joanne Baker Public Works Secretary jb P.62 RESOLUTION NO. 2006-166 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2006 STORM SEWER IMPROVEMENTS, CITY PROJECT No. 0405 STATE AID PROJECT 113-010-12, STATE PROJECT 0207-84 TO NEW LOOK CONTRACTING WHEREAS, pursuant to an advertisement for bids for City Project No. 0405,2006 Storm Sewer Improvements, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder New Look Contracting, Inc. Thomas and Sons Construction, Inc Frattalone Companies, Inc. G.L. Contracting, Inc. W.B. Miller, Inc. Dave Perkins Contracting, Inc. TOTAL $120,147.75 $122,237.40 $142,788.00 $162,301.50 $163,700.40 $196,025.00 WHEREAS, it appears that New Look Contracting, Inc., 19696 County Road 72, Elk River, Minnesota 55330 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directcd to entcr into a contract with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the 2006 Storm Sewer Improvements, City Project No. 0405, S.A.P. 113-010-12 and S.P. 0207- 84, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0405 shall be funded with MnJDOT Cooperative Agreement Grant and State Aid Maintenance Funds. Dated this 25th day of September 2006. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.63 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: CONSENT ,- A 0. '-> - - -, ORIGINA TING DEP AR TMENT: Fire NO: ITEM: Rental Housing License BY: Applications Gary Gorman NO: DATE: September 19, 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 September 25, 2006. COUNCIL ACTION: P.64 Occupany 1.0. 30027 34010- 10029 20208 20234 30030 12029 20158 20102 20293 20295 34000 30128 20245 20129 20282 30024 10095 10049 30164 10078 12084 12021 10082 20118 10196 12083 10015 35206 10118 20422 20019 12153 10170 10036 nOf'"!'" l'"!nn~ L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Lynde Investment Company, LLP Jackrabbit Properties, LLC Osama Abdel-Kermin Ahmed AI-Beheary Eric Betzler Vance Blahnik Kathryn Carstensen Dee Coghill Steven Efterfeld Ita Ekah Ita Ekah Greg Guimont James Hansen Aaron Holmbeck Joe Hoyle Hytham Kerim Margaret Kortas Leslie Lindquist Julie Marsh Richard Meissner Veronica Moroz Tracy Pomeroy Einer Rasmussen Aaron Reed Allen Ringate Jose Sanchez David Smyrak Raymond Sowada Raymond Spencer Marc Spieler Isadore Stewart Thomas Therrien Albert Urspringer Steven Wickstrom Robert Witt P.65 ...n....~ Property Address 4100 4TH 1733 37TH 5057 UNIVERSITY 4916 Tyler 1140 45TH 64737TH 4048 MADISON 4000 CLEVELAND 1100 39TH 4600 POLK 4612 POLK 43103RD 4609 UNIVERSITY 4038 MADISON 62751ST 3731 PIERCE 4308 4TH 1020 44TH 4524 MONROE 4643 PIERCE 4533 MADISON 4323 3RD 3722 3RD 3956 Tyler 130045 1/2 3915 Tyler 4004 Reservoir 4113 6TH 664 Sullivan 4205 JEFFERSON 4606 POLK 63351 ST 3719 HAYES 4336 6TH 4222 MONROE 0___ A CITY COUNCIL LETTER Meeting of: September 25, 2006 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 5-/\-\() License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson .,j ~ DATE: BU~& NO: DATE: September 21, 2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the September 25,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for September 25,2006 as presented. COUNCIL ACTION: P.66 TO CITY COUNCIL September 25,2006 * Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BIdg *T & G Drywall 2521 E. 23rd Ave, N. St. Paul *MN Tree Surgeons 30840 N Lakes Tr, Lindstrom * Arp's Tree Service 17845 Hanson Blvd, Andover *Michael Waage 2275 132nd Ln NW, Coon Rapids East Bethel Htg & Ac 19040 Dogwood St NE, Oak Grove * Watson-Forsberg 1433 Utica Ave So #252, Mpls Statewide Gas Services 201 W. Main St, Waconia * Air Mechanical 16411 Aberdeen St NE, Ham Lake P.67 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 ~ ,I-) - II CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: ~bb-v 20: JOOb STATE OF MINNESOTA COUNTY' OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper fuuds, as listed in the attached check register covering Check Number _,! ~ l?'i1 through II Cl717Q in the amount of $ CflC;~ 7Qj,... g-~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P.68 ACS FINANCIAL SYSTEM 09/21/2006 11:47:51 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVER PAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title. .... ..09/25/2006 COUNCIL LISTING INCLUSIONS: Fund & Account. ......... .... thru Check Date..... ... .......... Source Codes....... ......... Journal Entry Dates..... .... Journal Entry Ids..... ... ... Check Number................ Project. . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order...... . ... .... Bank....................... . Voucher .................... ;0 leased Date. . . . . . . . . . . . . . . 0\ :!ared Date. . . . . . . . . . . . . . . . I,Q thru thru thru thru 118549 thru 118709 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 09/21/2006 11 BANK VENDOR Check History 09/25/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ARCH WIRELESS/METROCALL B.E.M. CONSULTING CITY WIDE WINDOW SERVICE DEEP ROCK WATER COMPANY DEX MEDIA EAST LLC FARNER-BOCKEN GENUINE PARTS/NAPA AUTO JOHNSON BROS. LIQUOR CO. JOHNSTON/ERIK LAABS/MICHAEL MBPTA MINNESOTA COACHES MN DEPT OF ADMINISTRATIO NAUS/KYLE NEXT DAY GOURMET PACHOLL/STEVE PACIFICA INTERNET TECHNO PITNEY BOWES LOUISVILLE SAM'S CLUB SECURE ITNET SPECIALTY WINES & BEVERA TUBBS/MARSHA UNIVERSITY OF MINNESOTA VERIZON - ATTN: PREPAY D VERIZON WIRELESS WINE COMPANY/THE WINE MERCHANTS XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS BAKKEN/CHERYL BELLBOY CORPORATION BURBANK/CATHIE CAIN/DOROTHY CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE DICKSON/SHONDRA EXTREME BEVERAGE FSH COMMUNICATIONS. LLC G & K SERVICES GOOD WRITING FOR GOOD RE GRAPE BEGINNINGS INC GRIGGS-COOPER & CO GROSSE/PAUL HOHENSTEINS INC JJ TAYLOR DIST OF MN ~ '1 o 118549 118550 118551 118552 118553 118554 118555 118556 118557 118558 118559 118560 118561 118562 118563 118564 118565 118566 118567 118568 118569 118570 118571 118572 118573 118574 118575 118576 118577 118578 118579 118580 118581 118582 118583 118584 118585 118586 118587 118588 118589 118590 118591 118592 118593 118594 118595 AMOUNT 719.45 27.18 500.00 40.47 236.59 50.80 1,871.05 890.61 9,100.28 500.00 100.00 75.00 425.85 509.47 500.00 1,149.14 250.00 300.00 159.75 258.65 3,596.00 2,359.10 141.73 205.00 67.75 203.92 534.35 688.47 180.08 141,778.99 6.23 4,509.00 25.00 52.00 41,998.53 13,632.50 5,758.40 232.85 640.00 58.58 122.78 362.20 908.75 25,819.22 29.95 7,457.42 4'7,693.71 ACS FINANCIAL SYSTEM 09/21/2006 11 BANK VENDOR Check History 09/25/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT JOHNSON BROS. LIQUOR CO. MARK VII DIST. MN FALL MAINTENANCE EXPO MOLINA/JAVIER PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PITNEY BOWES LOUISVILLE POSTAGE BY PHONE RESERVE QUALITY WINE & SPIRITS QWEST COMMUNICATIONS SARGENT/JEFF SCHMIDTBAUER/SUE SELIN/ANITA SHAMROCK GROUP/ACE ICE TOP VALU LIQUOR UNIVERSITY OF MINNESOTA XCEL ENERGY (N S P) ABLE HOSE & RUBBER INC ACE HARDWARE AMERICAN LEGAL PUBLISHIN AMERICAN LIBRARY ASSOCIA AMERIPRIDE ANOKA COUNTY ASPEN MILLS, INC. ATLAS AUTO BODY, INC AWARDS BY HAMMOND INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BAUDVILLE BIFF'S,INC. BOUND TREE MEDICAL LLC BRAKE & EQUIPMENT WAREHO BRODART CARLSON TRACTOR CARTE GRAPH SYSTEMS CATCO PARTS SERVICE CENTER POINT ENERGY CSC CREDIT SERVICES DAHLGREN SHARDLOW & UBAN DEEP ROCK WATER COMPANY DIAMOND VOGEL PAINTS DISCOUNT STEEL INC DUN & BRADSTREET CORPORA EDAM EGAN OIL COMPANY EHLERS & ASSOCIATES INC ~ -....:) I--' 118596 118597 118598 118599 118600 118601 118602 118603 118604 118605 118606 118607 118608 118609 118610 118611 118612 118613 118614 118615 118616 118617 118618 118619 118620 118621 118622 118623 118624 118625 118626 118627 118628 118629 118630 118631 118632 118633 118634 118635 118636 118637 118638 118639 118640 118641 118642 AMOUNT 15,369.62 35,360.37 150.00 153.56 171 .58 17,463.73 94.23 6,000.00 24,527.12 116.09 33.38 26.70 174.27 1,485.60 185.69 25.00 7,936.42 27.27 122.77 300.00 215.50 75.87 39.70 214.03 1,000.00 202.76 1,069.95 14.98 14,002.55 164.40 951.01 93.80 234.73 42.70 65.21 2,600.00 84.51 40.64 25.00 2,466.10 10.00 2,451.74 74.37 659.50 560.00 879.49 962.50 ACS FINANCIAL SYSTEM 09/21/2006 11 BANK VENDOR Check History 09/25/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT BANK CHECKING ACCOUNT EMERGENCY APPARATUS MAIN 118643 2,447.85 ENTERPRISE NETWORK SYSTE 118644 7,602.50 FRATTALONE COMPANIES INC 118645 241,453.33 G & K SERVICES 118646 639.09 GALE GROUP/THE 118647 193.23 GENE'S WATER & SEWER INC 118648 1,180.00 GENERAL REPAIR SERVICE, 118649 454.49 GENUINE PARTS/NAPA AUTO 118650 144.05 GROUNDS MAINTENANCE SERV 118651 1,580.00 HENNEPIN CHIEF'S ASSOCIA 118652 50.00 HILLTOP TRAILER SALES IN 118653 186.98 HOME DEPOT #2802 118654 112.31 INSTRUMENT CONTROL CO IN 118655 5,898.91 INSTRUMENTAL RESEARCH IN 118656 160.00 KENNEDY & GRAVEN 118657 266.50 LAKESHORE 118658 111. 38 LEAGUE OF MN CITIES INS 118659 36,476.75 MAC QUEEN EQUIPMENT CO. 118660 430.35 MCCLELLAN SALES 118661 310.34 MEDICS TRAINING INC 118662 300.00 MEDTOX LABORATORIES INC 118663 87.60 METRO COUNCIL ENVIROMENT 118664 12,276.00 METRO FIRE, INC 118665 1,905.07 ~ METROPOLITAN COUNCIL WAS 118666 66,210.13 '1 MIDWAY FORD 118667 620.70 IV MIDWEST ASPHALT CO. 118668 3,839.45 MINNEAPOLIS FINANCE DEPT 118669 104,883.38 MINNEAPOLIS OXYGEN CO. 118670 11.89 MINNEAPOLIS SAW CO. 118671 10.30 MINNESOTA TELEPHONE INC 118672 125.67 MN SPRING & SUSPENSION 118673 168.95 MORNINGSTAR INC 118674 795.00 MTI DISTRIBUTING 118675 18.71 MURLOWSKI PROPERTIES INC 118676 75.00 NATIONAL WATERWORKS, INC 118677 3,598.08 NFPA INTERNATIONAL 118678 198.80 NORTHERN AIR 118679 338.00 NORTHERN WATER WORKS SUP 118680 559.41 OFFICE DEPOT 118681 163.55 ONVOY 118682 59.99 ORKIN 118683 62.82 PARKVIEW VILLA RESIDENT 118684 170.00 PATCHIN MESSNER & DODD I 118685 1,132.50 PREMIUM WATERS INC 118686 30.88 QUICKSILVER EXPRESS COUR 118687 18.53 RON KASSA CONSTRUCTION 118688 14,187.29 ROSEDALE CHEV 118689 71.09 ACS FINANCIAL SYSTEM 09/21/2006 11 BANK VENDOR Check History 09/25/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT ROYAL TIRE RR BOWKER RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SCHERER BROS LUMBER SCHOLASTIC LIBRARY PUBLI SHERWIN WILLIAMS STANWAY EXCAVATING STAPLES BUSINESS ADVANTA STAR TRIBUNE SUN PUBLICATION TERMINAL SUPPLY CO, INC TESSMAN CO TKDA, INC TRANS - ALARM INC TWIN CITIES TRANSPORT & VERIZON WIRELESS VOSS LIGHTING WW GRAINGER,INC XCEL ENERGY (N S P) ~ '1 W 118690 118691 118692 118693 118694 118695 118696 118697 118698 118699 118700 118701 118702 118703 118704 118705 118706 118707 118708 118709 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT 891 .25 299.95 45.00 143.82 586.59 140.40 121. 39 639.00 115.02 1,347.20 153.46 94.53 2,337.14 217.80 261.76 120.35 66.15 812.93 39.38 81. 67 975,782.88 *** ACS FINANCIAL SYSTEM 09/21/2006 11 BANK VENDOR REPORT TOTALS: ~ "-.J fl::.. Check History 09/25/2006 COUNCIL LISTING CHECK NUMBER RECORDS PRINTED - 000810 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT 975,782.88 ACS FINANCIAL SYSTEM 09/21/2006 11:47:54 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 240 261 376 401 410 415 418 420 601 602 604 609 651 701 720 880 881 883 884 ;::;, "'l' U1 TOTAL DISBURSEMENTS ---------------------------- GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE LIBRARY TWENTY-FIRST CENTURY GRANT TAX INCREMENT BONDS CAPITAL IMPROVEMENTS SHEFFIELD REDEVLPMNT:NON-TIF CAPITAL IMPRVMT - PIR PROJ COMMUNITY CTR CAPITAL BLDG CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING PERMIT SURCHARGE CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE PAYROLL FUND FLEX BENEFIT FUND ALL FUNDS 50,656.57 1,297.02 2,600.00 5,814.41 111.00 262.50 14,187.29 2,067.65 245,340.51 525.00 1,273.34 109,224.03 66,759.98 30.30 259,590.63 1,739.41 5,196.22 11,348.48 12,276.00 157.89 170.00 43,375.66 136,320.28 5,458.71 975,782.88 BANK RECAP: BANK NAME DISBURSEMENTS ---------------------------- BANK CHECKING ACCOUNT TOTAL ALL BANKS 975,782.88 975,782.88 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPRO V AL BY:~ NO: Co ,1:\ ITEM: Close hearing - Rental License Revocation BY: Gary Gorman NO: DATE: September 19,2006 DATE: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against Deer Meadow Holdings regarding rental property at 1207-09 Circle Terrace Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of September 19,2006. The public hearing on this property may now be closed in that the owner has corrected the violations. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Deer Meadow Holdings regarding rental property at 1207-09 Circle Terrace Boulevard N.E. in that the owner has corrected the violations. COUNCIL ACTION: P.76 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Resolutions ORIGINATING DEP AR TMENT: CITY f') Fire MANAGER NO: lo \') APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY~ Revocation DATE: September 18, 2006 DATE: NO: 2006-157 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Christopher and Tracy Decker regarding rental property at 666-668 47-112 Avenue 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.2006-157, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-157, 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 Christopher and Tracy Decker regarding rental property at 666-66847-112 Avenue N.E. COUNCIL ACTION: P.77 RESOLUTION 2006-157 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 666-668 47-1/2 Avenue 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 August 29,2006 of an public hearing to be held on September 25, 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 July 18, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 August 29, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair the retaining wall that is next to the 672 address that is rotted, loose and unsafe. n. Shall remove the dead bush from the front of the property. lll. Shall cut/trim/tall grass weeds in the back. b. Failure to schedule a interior/exterior rental license renewal inspection. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). P.78 ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F7819A 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 P.79 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: (at Adopt Resolution For Revocation BY: Gary Gorman DATE: September 18, 2006 DATE: NO: 2006-158 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Tawni Traynor regarding rental property at 4639-41 Washington Street 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.2006-158, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-158, 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 Tawni Traynor regarding rental property at 4639-41 Washington Street N.E. COUNCIL ACTION: P.SO RESOLUTION 2006-158 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that celiain residential rental license held by Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 Washington 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 August 24,2006 of an public hearing to be held on September 25, 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 July 13, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 13, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 18, 2006, inspectors for the City of Collli'11bia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall cut the tall grass and weeds on the property. 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 F7500 is hereby revoked. P.81 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 P.82 CITY COUNCIL LETTER Meeting of September 25, 2006 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Rodney Olson regarding property at 4559 Washington 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. 2006-159, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-159, a resolution of the City Council of the City of Columbia Heights declaring the property at 4559 Washington Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.83 RESOLUTION 2006-159 Resolution of the City Council for the City of Columbia Heights declaring the propeliy a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Rodney C. Olson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4559 Washington 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 September 6, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 27,2006 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 August 31, 2006, the property owner requested and received a extension time to complete the corrections. 3. That on September 6, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 4. That on September 15, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Remove all/any outside storage from the property. i. I-Beams ii. Construction materials 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4559 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement 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. P.84 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 4559 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.SS CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Public Hearings ~t ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: September 19, 2006 DATE: NO: 2006-160 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Pablo Catano regarding property at 4440 Jefferson Street N.E. for failure to meet the requirements ofthe Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-160, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-160, a resolution of the City Council of the City of Columbia Heights declaring the property at 4440 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.86 RESOLUTION 2006-160 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 Pablo J. Catano (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4440 Jefferson 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 September 6, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 27, 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 September 6, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 15, 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 Codes( s) were found to exist, to wit: A. Remove all/any outside storage from the property. i. Brush pile, II. Old fence pieces, 111. Lawn mower. 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 4440 Jefferson Street N.E. is in violation of the provisions ofthe Columbia Heights City Code as set forth in the Notice of Abatement. 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. P.87 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 4440 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.88 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Public Hearings l.of ORIGINA TING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: September 19,2006 DATE: NO: 2006-161 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Darlene 0 'Neil regarding property at 414 7 Washington 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. 2006-161, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-161, a resolution of the City Council of the City of Columbia Heights declaring the property at 4147 Washington Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.89 RESOLUTION 2006-161 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 Darlene O'Neil (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 414 7 Washington 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 August 30, 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 July 20, 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 August 30,2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all scrub growth from both the front and rear yards. B. Address numbers on the front of the house must be of contrasting color the house. C. Shall remove all/any outside storage from the property. i. Lumber ii. Plastic storage bins 111. Carpeting IV. Grill parts v. Lawnmower 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 414 7 Washington Street N .E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. P.90 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. ORDER OF COUNCIL 1. The property located at 4147 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.91 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Public ORIGINATING DEP AR TMENT: CITY Hearings Fire MANAGER NO: ~G APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 19,2006 DATE: NO: 2006-162 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Joseph Clason regarding property at 4418 ih 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. 2006-162, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-162, a resolution of the City Council of the City of Columbia Heights declaring the property at 4418 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.92 RESOLUTION 2006-162 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 Joseph Clason (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4418 ih 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 August 31, 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 July 18, 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 August 31, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 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 Codes( s) were found to exist, to wit: A. Shall paint any bare wood trim on the garage. B. Shall seed/sod/landscape bare area next to driveway in the rear. 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 4418 ih Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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. P.93 ORDER OF COUNCIL 1. The property located at 4418 ih Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.94 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: &H APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:~~ Abatement DATE: September 19,2006 DATE: NO: 2006-163 v- Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Jean Peterson regarding property at 4915 ih 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. 2006-163, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.95 RESOLUTION 2006-163 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 Jean Peterson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 ih 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 August 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 July 20, 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 August 29,2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 13, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove outside storage from property including pallets and mattress along south side of garage. B. Remove scrub growth and tall weeds from along fence and house. C. Repair wooden fence on the south side 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 4915 ih Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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. P.96 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 4915 ih Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.97 CITY COUNCIL LETTER Meeting of September 25, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: 'T 0_ ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: September 19, 2006 DATE: NO: 2006-164 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Debra Paulson regarding property at 4124 5th 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. 2006-164, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-164, a resolution of the City Council of the City of Columbia Heights declaring the property at 4124 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: P.9S RESOLUTION 2006-164 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Debra Paulson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4124 5th 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 August 31, 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 July 26, 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 August 31, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 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 Codes(s) were found to exist, to wit: A. Shall replace the missing garage door window. 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 4124 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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. P.99 ORDER OF COUNCIL 1. The property located at 4124 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.100 CITY COUNCIL LETTER AGENDA SECTION: Public Hearings NO. - A -I ITEM: Ordinance No. ] 5] 3 Pertaining to Tobacco NO Regulations ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DA TE: September] 9, 200 BACKGROUND Currently, our City Code prohibits the sale of any tobacco, tobacco product, or tobacco related device by means of any type of vending machine or by means of selfservice methods. Our City Code is more restrictive than State Statute, which allows for exceptions for retail stores which derive at least 90% of their revenue from tobacco and tobacco related products and cannot be entered at any time by persons younger than eighteen years of age, and vending machines in facilities which cannot be entered at any time by persons younger than eighteen years of age. ANAL YSIS/CONCLUSION The proposed changes to the City Code would result in our Code being consistent with State Statute. This ordinance had its first reading on September 11, 2006. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1513, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306, 5.307 and 5.308 of the City Code of the City of Columbia Heights pertaining to tobacco regulations. COUNCIL ACTION: P.10 1 ORDINANCE NO. 1513 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5.306, 5.307 AND 5.308 OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERT AINING TO "TOBACCO REGULATIONS" The City of Columbia Heights does ordain: Chapter 5, Sections 5.306,5.307 and 5.308, of the Code of Ordinances of the City of Columbia Heights which currently read as follows, to wit: ~ 5.306 PROHIBITED SALES. It shall be a violation of this article for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of 18 years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee's employee, and the customer. (D) By means ofloosies as defined in S 5.302. (E) Containing opium, morphine, jimpson weed, bell a donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (Ord. 1371, passed 5-11-98) Penalty, see S 5.313 ~ 5.307 VENDING MACHINES. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. (Ord. 1371, passed 5-11-98) Penalty, see S 5.313 P.I02 ~ 5.308 SELF-SERVICE SALES. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days following the effective date of this article. (Ord. 1371, passed 5-11-98) Penalty, see 9 5.313 SHALL BE AMENDED TO READ: ~ 5.306 PROHIBITED SALES. It shall be a violation of this article for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of 18 years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee's employee, and the customer. This subdivision shall not apply to retail stores which derive at least ninety percent (90%) of their revenue from tobacco and tobacco related products and which cannot be ehteredat anytime by persons younger than 18 years of age. (D) By means of loosies as defined in 9 5.302. (E) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (Ord. 1371, passed 5-11-98) Penalty, see 95.313 P.l03 ~ 5.307 VENDING MACHINES. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. COrd. 1371, passed 5-11-98) Penalty, see 9 5.313 ~ 5.308 SELF-SERVICE SALES. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days following the effective date of this article. This subdivision shall not apply to retail stores which derive at least eighty percent (80%) of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 years of age. First Reading: Second Reading: Date of Passage: September 11, 2006 September 25,2006 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.I04 Mayor Gary L. Peterson COLUMBIA HEIGHTS CITY COUNCIL LETTER eetmg 0 : eptem er , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Resolution #2006-167 Conditional Use BY: Jeff Sargent, City Planner BY:~tW / - Permit for outdoor storage at 4849 Central DA TE: September 21, 2006 d::r A venue. Case #2006-0901 M f S b 25 2006 BACKGROUND: At this time, Darren Farwell, d/b/a Savers, is requesting a Conditional Use Permit (CUP) to allow outdoor storage at the property located at 4849 Central Avenue. The present use of the property is a strip mall, with Savers store as a tenant. Currently, Savers is utilizing a large storage container as well as a semi trailer to house excess materials that cannot be stored in the building. These outdoor enclosures are considered to be outdoor storage for the business and would need to comply with the Zoning Code. The Conditional Use Permit for outdoor storage would enable the applicant to continue using the storage containers as long as the containers are placed in a fenced in area meeting the requirements for outdoor storage in the City of Columbia Heights. The Comprehensive Plan designates the property as Transit Oriented Development. The current use ofthe property is consistent with those uses found in transit-oriented developments. Therefore, the proposed use is consistent with the Comprehensive Plan. PARKING. By Code, the strip mall requires 96 parking stalls, based on 1 parking stall for each 300 square feet of retail space. Currently, there are 151 parking stalls on site. The storage containers would occupy 7 parking stalls, decreasing the total number of parking stalls on site to 144. The applicant is proposing to utilize a cyclone fence with either beige slats or green slats for t...l-}e screening mechanism. The proposed height of the fence would equal the height of the semi trailer at 13'6". The grade change would require one end of the fence to be 16'6" in height. The screening mechanism, however, will not adequately screen the material from all adjacent uses. For this reason, the outdoor storage use would not be designed in a manner that is compatible with the appearance of the existing or intended character of the surrounding area, and the City Council should deny this application. RECOMMENDATION: The Planning Commission held a public hearing on September 6, 2006 and recommended that the City Council approve Conditional Use Permit based on the stated conditions, with a 4-1 vote. Upon further review of the application, Staff recommends denial of the application because the use is not designed in a manner that is compatible with the appearance of the existing or intended character of the surrounding area, and the use is not adequately screened from adjacent properties. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-167, there being ample copies available to the public. Move to adopt Resolution No. 2006-167, DENYING a Conditional Use Permit for outdoor storage for the business located at 4849 Central A venue. P.lOS A h R I M 2006 167 PI R A M S PI ttac ments: eso ution o. - , anmnz eport, rea ap, ite an COUNCIL ACTION: P.I06 RESOLUTION NO. 2006-167 RESOLUTION OF DENIAL FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAVERS, INC. WHEREAS, a proposal (Case # 2006-090 I) has been submitted by Savers, Inc. to the City Council requesting a Conditional Use Permit for outdoor storage from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow outdoor storage in the MXD, Mixed-Use District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 6, 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 does accept and shall adopt the following findings of the Planning Commission: (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. Outdoor storage is specifically listed as a Conditional Use in GB, General Business District in the City of Columbia Heights. The MXD District allows all Conditional Uses that are listed within each commercially zoned district. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The intent of the Comprehensive Plan is met in this case. The land is designated for Transit-Oriented Development. This type of commercial use is consistent with the types of commercial uses in a transit-oriented development. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor storage will not be satisfactorily screened from adjacent properties, thus would impose negative influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. P.l07 Resolution No. 2006-167 Page 2 The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. ( 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. The outdoor storage will not be satisfactorily screened from adjacent properties, and is not designed in a manner that is compatible with the appearance of the existing or intended character off the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4849 Central Avenue meets this criterion. (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 nature of outdoor storage does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on-site circulation is provided. (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 outdoor storage will not be satisfactorily screened from adjacent properties, and will cause a negative effect with other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following: 1. The use is not designed in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 2. The use is not adequately screened from adjacent properties. Passed this _ day of September, 2006 Offered by: Seconded by: Roll Call: Ayes: Nays: P.108 Resolution No. 2006-167 Page 3 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.I09 BLANK P.IIO CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0901 DATE: September 6,2006 TO: Columbia Heights Planning Commission APPLICANT: Darren Farwell, Savers LOCATION: 4849 Central Avenue REQUEST: Conditional Use Permit for Outdoor Storage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Darren Farwell ("applicant") d/b/a Savers, is requesting a Conditional Use Permit (CUP) to allow outdoor storage at the property located at 4849 Central Avenue. The present use of the property is a strip mall, with Savers store as a tenant. Currently, Savers is utilizing a large storage container as well as a semi trailer to house excess materials that cannot be stored in the building. These outdoor enclosures are considered to be outdoor storage for the business and would need to comply with the Zoning Code. The Conditional Use Permit for outdoor storage would enable the applicant to continue using the storage containers as long as the containers are placed in a fenced in area meeting the requirements for outdoor storage in the City of Columbia Heights ("City"). Comprehensive Plan The Comprehensive Plan designates the property as Transit Oriented Development. The current use of the property is consistent with those uses found in transit-oriented developments. Therefore, the proposed use is consistent with the Comprehensive Plan. Zoning Ordinance The property located at 4849 Central Avenue is zoned MXD, Mixed-Use Development, as are the properties to the south and east. The properties to the north are zoned commercial and residential, and the properties to the west are located in the City of Hilltop. The Zoning Code at Section 9.112 (0)(2) states that all conditional uses allowed in the commercially zoned parcels of the City are also allowed in the MXD District. Code Section 9,110 (E)(3)(h) allows for outdoor storage as a Conditional Use P.III City of Columbia Heights Planning Commission Savers-Conditional Use Permit September 6, 2006 Case # 2006-0901 in the GB, General Business District. The Specific Development Standards at Section 9.107 state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor storage area shall be accessory to a commercial or industrial use. The storage area will be accessory to Savers, which is a commercial use. b) Outdoor storage within the public right-of-way is prohibited. The proposed location for the outdoor storage is located fully within the property boundaries. A condition will be implemented prohibiting storage on the public right-of-way. c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The Zoning Code states that the setback requirements shall maintain and enhance the character of the neighborhood in which the development is located. In this case, staff feels that it is appropriate to require the development to meet the same setback requirements for the GB, General Business District. The setback requirements for the GB District are as follows: Front yard: Side yard: Comer side yard: Rear yard: 15 feet o feet 15 feet 20 feet The site plan accompanying the CUP application indicates that these setback requirements would be met. d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. The site plan accompanying the CUP application indicates that the outdoor storage area will be located in the rear yard. e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year round basis. The site plan accompanying the CUP application indicates that a 6-foot tall privacy fence will be erected around the perimeter of outdoor storage area. The P.112 Page 2 City of Columbia Heights Planning Commission Savers-Conditional Use Permit September 6, 2006 Case # 2006-0901 fence will be required to be tall enough to screen all the materials to be stored. f) All goods, materials and equipment shall be stored on an impervious surface. The area in which the outdoor storage area will be located is current hard surfaced. A condition of approval will be included indicating that at all times, the outdoor storage materials shall be stored on an impervious surface. g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. In this case, it appears as if the storage containers would exceed the 6-foot tall fence that is proposed for the CUP. The applicant would have to erect a fence that was tall enough to screen the storage containers. 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 Administratoi. Outdoor storage is specifically listed as a Conditional Use in GB, General Business District in the City of Columbia Heights. The MXD District allows all Conditional Uses that are listed within each commercially zoned district. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The intent of the Comprehensive Plan is met in this case. The land is designated for Transit-Oriented Development. This type of commercial use is consistent with the types of commercial uses in a transit-oriented development. (c) The use will not impose hazards or disturbing influences on neighboring properties. P.113 Page 3 City of Columbia Heights Planning Commission Savers-Conditional Use Permit September 6, 2006 Case # 2006-0901 The outdoor storage is required for the business to operate. At no time shall any of the outdoor storage materials be hazardous or injurious in nature to the public welfare. A condition will be added to this effect. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (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. Outdoor storage in a commercially zoned area would be consistent with the 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 property located at 4849 Central A venue meets this criterion. (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 nature of outdoor storage does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on-site circulation is provided. (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. Being that outdoor storage is allowed in the General Business District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. P.114 Page 4 City Of Columbia Heights Planning Commission Savers-Conditional Use Permit September 6, 2006 Case # 2006-0901 RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for outdoor storage for the property located at 4849 Central Avenue, subject to conditions of approval outlined below, Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage, 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. The outdoor storage shall be located within the setback requirements of the GB, General Business District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of hazardous materials or other materials that may be injurious to the general welfare of the public. 4. The area used for outdoor storage shall be surfaced with a hard surface material at all times, as approved by the City Engineer. 5. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the outdoor storage area. 6. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 7. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 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