Loading...
HomeMy WebLinkAboutNovember 27, 2006 Regular ADMINISTRA TION Mavor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv Manaeer Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600TDD (763) 706-3692 Visit Our Website at: www.ci.colul1lbia-heights.l1ln.us The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 27,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCA TION Invocation by Pastor Ken Ribe, Grace Church on Silver Lake. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for November 9.2006 General Election Canvass and November 13. 2006 regular City Council meeting a. MOTION: Move to approve the minutes of the November 9,2006 General Election Canvass b. MOTION: Move to approve the minutes of the November 13,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a. MOTION: Accept the minutes of the September 27,2006 Park and Recreation Commission meeting. b. MOTION: Accept the minutes of the October 25,2006 Park and Recreation Commission meeting. c. MOTION: Accept the minutes of the October 25,2006 Library Board/City Council budget meeting. City Council Agenda November 27,2006 Page 2 of4 d. MOTION: Accept the minutes of the November 1,2006 Library Board meeting. e. MOTION: Accept the minutes of the November 16,2006 Telecommunications Commission meeting. 3) Approve cancellation of City Council meeting scheduled for Monday, December 25,2006. MOTION: Move to waive the reading of Resolution No. 2006-251, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-251, being a Resolution canceling the Monday, December 25, 2006 City of Columbia Heights regular City Council meeting. 4) Authorize transfer of funds to Police Department Budget to reimburse overtime fund MOTION: Move to authorize transfer of$I,387.46 received from Unique Thrift Stores and $2,062.50 received from the Columbia Heights School District from the General Fund to the Police Department 2006 budget under line #1020, Police Overtime. 5) Authorize extension of Police and Fire Service Contracts with City of Hilltop MOTION: Move to authorize the Mayor and City Manager to enter into a Police and Fire Service contract with the City of Hilltop starting January 1, 2007 and extending through December 31, 2009 at the rates specified in each contract. 6) Authorize Animal Pound contract with Camden Pet Hospital MOTION: Move to authorize the Mayor and City Manager to enter into a three-year contract with Camden Pet Hospital as stipulated in the contract for the period of February 1,2007 to February 1, 2010. 7) Authorize participation in the Worthless Check Program with Financial Crimes Services MOTION: Move to authorize the City Manager and the Chief of Police to enter into a contract with Financial Crimes Services for the Worthless Check Pro~lam. 8) Adopt Resolution No. 2006-247 to extend the term ofthe Southern Anoka County Community Consortium Joint Powers Agreement for payment of the annual fees for FY 2007 and 2008. MOTION: Adopt Resolution No. 2006-247 to extend the term of the Southern Anoka County Community Consortium Joint Powers Agreement for payment of the annual fees for FY 2007 and 2008. 9) Adopt Resolution No. 2006-245, being a Resolution providing continuation of financial reimbursement for the Sump Pump Disconnect program MOTION: Move to waive the reading of Resolution 2006-245, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-245 that extends the $500 reimbursement program for the years 2007 and 2008 for the removal of illegal cross-connections to the sanitary sewer system. 10) Approve the items listed for rental housing license applications for November 27, 2006 MOTION: Move to approve the items listed for rental housing license applications for November 27,2006. 11) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 27, 2006 as presented. City Council Agenda November 27,2006 Page 3 of4 12) Approve Payment of Bills MOTION: Move to approve payment ofthe bills out ofthe proper funds as listed in the attached check register covering Check Number 119398 through 119546 in the amount of$836,482.88. 6. PUBLIC HEARINGS A) Adopt Resolution No. 2006-244, being a Resolution for Rental Housing License Revocation at 4612 Jefferson St. MOTION: Move to waive the reading of Resolution No. 2006-244, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-244, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Victor Martinez regarding rental property at 4612 Jefferson Street. B) Adopt Resolution No. 2006-246, being a Resolution for Rental Housing License Revocation at 4656 Polk Street MOTION: Move to waive the reading of Resolution No. 2006-246, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-246, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Thoj Va-Megn Regarding Rental Property at 4656 Polk Street C) Adopt Resolution No. 2006-249 being a Resolution for abatement of violations at 3828 Jackson Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-249, there being ample copies available to the public. llKI'YT'TA11.T. llK~..~..~ ~-1~_.. n~~~ln":~_ l\.T~ "'AAt:: "'AA ~ _~_~ln":~_ ~.c..t..~ ro:.... ro~n_~:l ~.c..t..~ ro:....~.c IVIV 11Vl~. IVIUVt; LV auu1-'tl'-....t;~UlUtlUl11'4U. ,""VVU-""'"t7, U.lt;~UlUL1Ull VI tilt; \......llY LUUll\,;ll VI Lile: LiLY VI Columbia Heights declaring the property at 3828 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D) Adopt Resolution No. 2006-250 being a Resolution for abatement of violations at 1325 Pierce Terrace MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-250, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-250, a resolution of the City Council of the City of Columbia Heights declaring the property at 1325 Pierce Terrace 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) Reschedule Second Reading of Ordinance 1519, pertaining to rezoning MOTION: Move to reschedule the second reading of Ordinance No. 1519 for Monday, December 11,2006 at approximately 7:00 p.m. in the City Council Chambers. B) Bid Considerations - none C) Other Business 1) Authorize to enter into a purchase agreement with Pratt Ordway Properties for property on 3 ih Avenue City Council Agenda November 27, 2006 Page 4 of 4 MOTION: Move to authorize the Mayor and City Manager to enter into a purchase agreement with Pratt Ordway Properties to purchase property at a cost of $11.00 per square foot plus the cost of site preparation, with funding coming from the Liquor fund and inter-fund loans until the bonds are sold. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. F ehst, City Manager WF /pvm !:) \ c.... OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL CANVASS 2006 GENERAL ELECTION NOVEMBER 9, 2006 MI Call to Order/Roll Call Council President Tami Diehm called the meeting to order at 7:45 a.m. Present: Councilmember Diehm, Councilmember Williams, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Mayor Peterson Pledge of Allegiance - recited Adopt Resolution No. 2006-219, Canvassing General Election Returns of November 9, 2006 Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2006-219, there being ample copies available to the general public. Upon vote: All ayes. Motion carried. Motion by Nawrocki second by Williams, to adopt Resolution 2004-219, being a Resolution Canvassing Municipal General Election Returns. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-219 CANVASSING MUNICIPAL GENERAL ELECTION RETURNS WHEREAS, the City of Cohnnbia Heights, did on the 1h day ofl'-Jovelnber, 2006, conduct and hold a Genera! Municipal Election for the purpose of electing a Mayor and two Council Members; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the ~l day of November, 2006, did canvass the returns and results of said General Municipal Election; and WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 7,325 Valid Votes Cast for Mayor Gary L. Peterson 3,408 Joseph Sturdevant 3,169 Overvotes 1 Times Blank Voted 692 Write-Ins 55 Valid Votes Cast for two 4- Year Council Seats Tami Ericson Diehm 3,955 Bruce Kelzenberg 3,235 Ted Landwehr 2.480 Kevin Bumgardner ] ,441 Times Blank Voted 882 Undervotes ] ,715 Write-Ins 60 Charter amendment question: Shall the home rule charter of the City of Columbia Heights be amended to establish a four ward, two at-large council member system of representation by creating two additional council member positions, with the transition schedule of one councilmember elected from each ward in 2008 and two council members elected a~large in 20] O. Yes: 2,62] No: 3,892 Overvotes: 0 Times Blank voted: 8]2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L. Peterson is hereby elected Mayor, and that Tami Ericson Diehm and Bruce Kelzenberg are hereby elected members of the City Council, assuming said offices on January 1,2007. Adjourn Council President Diehm adjourned the meeting at 7:50 a.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 13, 2006 b The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 13,2006, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER//ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Dan Thompson, Assembly of God Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson stated that Resolutions 2006-232 and 2006-229 would be removed as the abatements have been corrected, and added an update on the Youth Commission. Councilmember Nawrocki requested discussion on the activity center, and recognition of one of the newest members of our community. Peterson stated the activity center could be 7D. Diehm stated it would be best to discuss this when the Chairperson of that committee, Pastor Dan Thompson, was still present. Peterson stated it would be discussed after the recognitions. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations - November 12-18,2006, is American Education Week Mayor Peterson read the American Education Week Proclamation Presentations-Ted Landwehr, Rising to New Heights (RNH); Acknowledgement of Make A Difference Day Projects/Awards Ted Landwehr of the Rising to New Heights Committee introduced the six projects done for Make A Difference Day. The first was making hats for the military overseas. Karen Moeller, Senior Coordinator indicated that a senior group has made 163 hats in three weeks, as have others in the community. Pat Sowada thanked Mr. Nawrocki for helping establish the military contact to distribute the hats. Nawrocki stated that his wife made 15 of the hats, one of which he modeled. Sowada stated that on November 22 a Corporal has been invited to the senior center for the presentation of the hats. The Columbia Heights city staff collected items for the SACA food shelf. He listed the employees that participated. The Sowada's also donated farm vegetables to SACA. The Northeast Bank held a fundraiser for a single mom with leukemia. Cliff Shedlov thanked the community for supporting this event. Sharon Shedlov gave an update on her health. Ashlyn and Austin Altmeyer helped a neighbor with yard work and donated to SACA. Landwehr thanked Carole Blowers for her efforts to promote this project. He invited everyone to attend the RNH meeting tomorrow. Mikey Rooney thanked Ted Landwehr for his work on RNH. Recognition Tim Wellman, Youth Commission Coordinator, stated that on December 4th at 7:00 p.m. at Murzyn Hall there would be a Youth Commission meeting. This is also open to adults or anyone willing to help. He stated the Youth Commission is to involve youth in the community. Fehst stated that Mr. Wellman would attend the School Board meeting with this information. He questioned if school children are aware of this meeting. Wellman listed the places the meeting has been publicized and stated that he would attend local civics classes to inform students. Miscellaneous City Council Minutes November 13,2006 Page 2 of31 Peterson read an email on www.Ietssaythanks.com where you can fill out a free card that will go to a member of our armed services to thank them. Nawrocki introduced Bjorn Handeen, a new resident in our community, that he had met. He stated that he asked him why he chose Columbia Heights and was told that he was concerned about safety in the neighborhoods and wanted to find a place that was safe to raise their family. Handeen came forward and stated his appreciation for the introduction and the free Universal cable offered in Columbia Heights. He stated that he can not wait to participate in the city. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items: 1) Approve City Council Meeting Minutes for October 23,2006, Regular City Council Meeting Motion to approve the minutes of the October 23,2006, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to approve the minutes of the following boards/commissions: a) Minutes of the July 25,2006, Housing and Redevelopment Authority Meeting b) Minutes of the August 22, 2006, Economic Development Authority (EDA) Meeting c) Minutes of the October 3,2006, Public Library Board of Trustees Meeting d) Minutes of the November 8, 2006, Planning and Zoning Commission Meeting 3) Set Work Session Meeting Date - Removed for discussion 4) Adopt Resolution No. 2006-218, being a Resolution to Accept Gifts Received by the City of Columbia Heights Motion to waive the reading of Resolution No. 2006-218, there being ample copies available to the public. Motion to adopt Resolution No. 2006-218, being a resolution to accept gifts received by the City of Columbia Heights. Fehst stated that a large part of the donations were for the city clock tower. Diehm referred to all the entities that have contributed to our community, like Wal-Mart contributing to our library. Nawrocki named the other local organizations that contributed to the community. RESOLUTION NO. 2006-218 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gifts; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed terms listed below: DATE J)O~()H UtUl'NT PlJRPOSE 41.1/1006 CIIRlSHI1'IIER.lOASfMASTERS 15U.l~) RE('Rb\TION 61112(106 COTJ :11.181.'\ lIE/mrrs {JONS cum 15n.l~1 RECREATION 413/10116 cuI.! IMUlA IlElGlHS WOMEN 01' TOil/\. Y SO.oo RECREATIUN WIS/100t> ell!JTMBlA HElmers WlIMENl)FTnDAY !OIU,KI RECREATION &'1I12u06 CUUJ~lBIA IIE10lITS M'fIVlTY !-lIND I,050.0ll RECRE.'\TlUN: l'u.rou(fIllnc:l<h1 ION/llJ()l\ C!lL('MH1,\ llE10lUSA\"f\VlTY ~l'Nn ~,500.0() RECREAT1UN; Lil'htl""lmJe<jUlp(Il<,",""sh) 5/lS/2006 COLPMBlA HEI~JlrrS ATIILETIC 1ll1llSTElts bSU.Ol} YUI;fJ1 ATIII.HIeS &/1412006 K1WANISCU.~B()F('I\U;~mIAIlEIGlIIS 150.110 Ylll"lIlMl'k,'\.L 5/N/2006 THE KORDIAK CLlMI'A1'<Y 25.00 FIREWORKS ri/!/!1l06 CREsTVmWcuRPUf{AflUN 25.00 FlRFWnRKS 1i/2/!u06 FIRSTCuMMUNlTYCRFDlT liNlUN 15o.no F1RJ,wORKS 6113/1uool'O!..tIMUL\ IlEJOIHS PUST nu 1.000.flO FIREWORKS 611h12UOo N(lRTlIEAST BANK l(K).OO FIREWORKS 111012(}f)(, '1WINI'nms NORTII ('JIAMBER l.lF I~OMMERCE lOu.110 FIRJ,WullKS 1lI1>f!IJIIl'i l\MFRll'AN U'GION StKl.()O F1Rl:\l,'UIl.KS llIJ 112006 (~nu IMllIA HEIOI rrs LIONS ('LUB 7iKJ.lKl FIREWORKS SUBTOTAl. FlINDH81 COSTRlRUTEllI'RoJ};ers -IUTR}:AT!UN '-SOII.IN! -l/S/200o AI'PREClAfloN ~lTE 1.1TNDRAISFR 4fSI:!tIOo Al'I'RECIAT!IJN NHE PI:-iORAlSFR 911W2UOh VALUES FIRST 1iI1lJ/21l06 WALr--tART 7f.H21l06 I.EVINE/Il.IC1IARO 11l-112006 TlIE FI,,\N,\RY ORol <P.1NC. 41111/20u6 CuLl'MBlA IIEtGlfrS POST VIl 511212(1)(; CuLt'MUlA lIElnm's POST 2.ill o/D12011o ('ut.t'MBlA HElOIrrS I~)ST no ~/11I200(i COI.lTMBlA IIElGurs POST 2.10 'lIIS/luo(,cnl.l')"IUlA IIEJUlrrspnST nu 1O/10/1no(, I~()U l)"tBJA lll'.lnlrfs POST 2.10 Il/lO/1UOS DII.A1.L llIl121l0ti ('nUl MilIA IIEIGlrrS ACTlVlr\' FlJ~D &'212011h ('ULt.1MBlA l-IEIGlnSACl'lVllY FlIND 1lI11101lfi (~\)I.LI~mIA llEltllrrs ACllVlTY HIND KI21f2(1\)/) eUl.li1\.tBIA IIEIOIITS ,\I~nV1TY F1 'ND Sl'BTOTAL FONIl HH.l CONTR180TUl f'IWJ[('TS. m':N};R,n 5S0.1S POLICE 550.7S I'lRE lii9.JH FIRE:Childc:i,,,,,;d.. 1,01l11.UO 1.11lRARY: (~hil"rcn'" p'''grdm~ lUlI.UO UllRAK'!(: Adull b.,"k.~ 100.00 LIBRARY: Affil:fCian girl DO.no I'VV IU,slDENTS cnl rNI~IL I.iO.flO I'VV lU,SIDENTS !'t)11NI;IL 11lHlO p\....V RESIDENTS 1~(JIINC1L IJO.()O I'VV Ill,SlDE!>.I'l S CuI T)>;CI1. 170.00 P\'V Ill,SlDlON'IS (:ul iNcIL 51~J.{1O SISTER CITIES PRI1GRAM J75.(~) EMI'I.t1YE1, A(~nVrrY: lOW1l1 ti~kd"lll\'"",,~h) J:l,8110.(~1 nJlCKJ"iIWFltCI\t'I"'ash) 475.00 l'U)('KH,\VER: p"'p~iJ mainl<:""""" ll~}""a"h) 4.61l'J.02 C1DI:KI'OWFR; Ba...:nml.:riab"nJ lah<>. 2.2()1l.0l) C1..fJCKTUWER; E1"",ln~mn 4S,.l79.!Hl 54,719.90 City Council Minutes November 13, 2006 Page 3 of 31 5) Adopt Resolution 2006-240, being a Resolution Approving a Conditional Use Permit for an Addition to a Senior Living Facility Located at 4444 Reservoir Boulevard Motion to waive the reading of Resolution 2006-240, there being ample copies available to the public. Motion to adopt Resolution No. 2006-240, approving a Conditional Use Permit for an addition to a senior living facility at the Crest View Campus, located at 4444 Reservoir Boulevard, subject to the conditions stated in the Resolution. Fehst stated that in an R3 zone, if property is altered, it must be through a conditional use permit. This resolution would allow an interior parking facility at Crest View. RESOLUTION NO. 2006-240 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CREST VIEW CORPORATION WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4444 Reservoir Boulevard LEGAL DESCRIPTION: On file at City Hall. The applicant seeks the following permit: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. A fire lane will be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of a building permit for the additions. City Council Minutes November 13, 2006 Page 4 of 3 ] 6) Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and Driveway Located at 3806 Jackson Street - Removed for discussion 7) Issue Rental Housing License to Bob Landucci, 3810-3812 3rd Street N.E. Motion to issue a rental housing license to Bob Landucci to operate the rental property located at 3810-3812 3rd Street N.E. in that the provisions of the residential maintenance code have been complied with. 8) Approve the Items Listed for Rental Housing License Applications Motion to approve the items listed for rental housing license applications for November 13, 2006. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 13, 2006, as presented, regarding the new licenses for 2006 and the renewals for 2007. 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 119071 through 119397 in the amount of$2,032,360.42. Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items, with the exception of items #3 and 6. Upon vote: All ayes. Motion carried. 3. Set Work Session Meeting Date Nawrocki indicated that not holding work sessions on the third Monday has been discussed as an unavailable night. Fehst stated that topics covered would be the waste hauler contract extension and single sort recycling, review of the sump pump program, report on the Anoka County drug task force, NSF checks, sending registered rather than certified letters to property owners, and graffiti issues. Nawrocki suggested Wednesday, November 22. Peterson stated he would not be available. Nawrocki suggested Wednesday the 29th or Thursday the 30th. Diehm stated she would not be available on the 30th. Nawrocki stated he is not available on the 20th. Peterson stated that we have tried to keep the third Monday open. Diehm suggested discussing this at a work session to find a date to accommodate all members. Williams stated that he would be available on Monday, the 20th. Motion by Kelzenberg, second by Diehm, to schedule a City Council work session meeting for Monday, November 20, 2006, beginning at 7:00 p.m. in Conference Room 1. Motion to amend by Nawrocki to hold the work session meeting on Wednesday, November 22nd. The amendment died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 6. Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and Driveway Located at 3806 Jackson Street Nawrocki stated that the request was for garages in the rear and a common driveway. He felt this could be a problem in the future. City Council Minutes November 1 3, 2006 Page 5 of 3 1 Jeff Sargent, City Planner, described the placement on the lot, referring to setback requirements in the R3 district. The placement of the house would meet the setback for single family districts. There are two other variances required because ofthe joint driveway. Staff recommended a condition that would require an easement agreement. Peterson asked if there was anyone present with concerns for this item. There was not. Kelzenberg stated that there was extensive discussion at the Planning and Zoning Commission meeting on this. The owner would move his mother to the existing house and develop the other portion for sale. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-239, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-239, approving the IS-foot side yard setback variance and the 5-foot side yard setback variance for the construction of a new house and two 3-foot side yard setback variances for the construction of a shared driveway at 3806 Jackson Street, subject to the conditions stated in the Resolution. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes 1 nay. Motion carried. RESOLUTION NO. 2006-239 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR ERIC WADE RUSSELL WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3806 Jackson Street LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new house per Code Section 9.109 (C), a IS-foot side yard setback variance for a new house per Code Section 9.1 09 (C), and two 3- foot side yard setback variances for a new driveway per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. City Council Minutes November 13,2006 Page 6 of 3 I FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a "Work Within the Right-of-way" permit from the Engineering Department for the construction of the curb cut for the new driveway. 3. The garages shall be architecturally compatible to the principal structures, incorporating similar building materials and colors. 4. The applicant shall establish a driveway easement agreement for the shared driveway and record it with Anoka County. Activity Center Nawrocki stated that last week the architect put together costs based on recommendations of the committee. There are two possibilities of activity centers; one is $31,000,000 and the other is $16,000,000, not including land cost if necessary and could require an additional parking ramp. We must consider other debt we are incurring such as the bond issue and liquor store bonding. It would seem that we should become more involved and indicate where the council would like to go on this. He referred to building on at the high school for two gyms, a walking track and moving weight equipment into the building for $3,500,000. It is time to start having input on this process. PUBLIC HEARINGS A) Second Reading of Ordinance No. 1515, Zoning Amendment to the Zoning Code as it Relates to the GB, General Business District and Auto Lots Sargent stated this is the second reading to amend the zoning code pertaining to used car lots. It would allow this type of business with conditions requiring an enclosed facility. There would be no rezoning of specific property. Nawrocki asked if this would apply to existing car lots. Sargent stated no, the two existing used car lots would be grandfathered in. Nawrocki stated the lot across the street from City Hall originated with the past owner and was to be for only a few cars, but it is now packed with used cars. Nawrocki asked if this would impact the business at 51st and University? Sargent stated that license was not renewed during the moratorium, so they were not able to renew. They could apply now and store used vehicles in an enclosed building. Nawrocki asked ifthis would apply across the street. Sargent stated that being they do not have a CUP, they would not be subject to the permit. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1515, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. This Ordinance can be found at the end of this document. B) Approve a Comprehensive Plan Amendment (Resolution 2006-241), First Reading of Ordinance 1519, Pertaining to Rezoning of Property, and Approve Preliminary Plat for 2101 37th Avenue (Resolution 2006-242) Sargent stated the request is for a Comprehensive Plan amendment, rezoning amendment, and preliminary plat, allowing the northern parcel to be changed to high density residential. A property split would be involved. The Planning and Zoning Commission (P&Z) held a public hearing and recommended approval of these items. City Council Minutes November 13,2006 Page 7 of 31 Nawrocki stated that the Montessori school was not part ofthe original plan discussed. Sargent stated that the Montessori school was part of the original plan. Jim Hoeft, City Attorney, stated there is no footage distance requirement from a liquor store. Sargent indicated that our ordinance only addresses "on sale" establishments. Sargent stated that the possibility of a commercial pad did not affect the requested zoning changes and would be addressed at the appropriate time. Nawrocki stated concern with current parking agreements with the thrift store. Sargent indicated that parking for that facility would meet code after the subdivision. Nawrocki stated that the parking lot gets filled and our code may not be adequate. He stated that he was prepared to support this liquor store, but not the other one. These problems need to be addressed now. A resident questioned what is on the property now. Sargent stated it is a theater and a parking lot. Darrel Galmer, 4510 Lakeview Drive, Edina stated that the thrift store owner has agreed to signoff on the parking agreement. He stated that the Montessori school has been a part of the project since the begin.l1ing. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-241, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to reguide a specific area ofland from GB, General Business to R-3, Limited Multiple Family Residential, for the property located at 2101 - 37th Avenue. Upon vote: All ayes. Motion carried. RESOLUTION 2006-241 A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 2101 - 37TH AVENUE NE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautifY the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject property in the Comprehensive Plan does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, the proposed development is consistent with the description of the High Density Residential District; and WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units plus per acre, with higher densities in locations with convenient access to transportation corridors and the proposed development consists of congregate housing, in which the zoning code allows the proposed 23 units per acre; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, using High Density Residential zoning, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Commercial to High Density Residential. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1519, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes November 13,2006 Page 8 of 31 Motion by Kelzenberg, second by Williams, to set the second reading of Ordinance No. 1519 for Monday, November 27,2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-242, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15 stated conditions as approved by the Planning Commission. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-242 RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101 - 37th Avenue NE, EXISTING LEGAL DESCRIPTION: On File at City Hall, PROPOSED LEGAL DESCRIPTION: TBA, THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger offrre, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on November 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following fmdings of the Planning Commission: 1. The proposed preliminary plat conforms to the requirements of ~9 .114. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good plarming and site pnOlnpp.rina rlp.~lan nr;nr;nlp.~ _.....o.........__...~...o ....-........0...... t'....a..a....-....,t'...--.. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Plat should identify the name of the proposed development. 3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. 4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 5. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts, provide a concrete cross gutter. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. Any site grading prior to fmal plat approval will require an excavation permit, obtained from the Engineering department. 8. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 9. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. II. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 12. Disconnect any existing utility service stubs in accordance with Public Works requirements. 13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 14. At final plan submittal, the developer must provide plan/profile sheets for the utilities. 15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for surface water management. City Council Minutes November 13, 2006 Page 9 of 31 C) Adopt Resolution 2006-220, Approving Revocation for 1081-1083 Polk Circle N.E. Fire Chief Gary Gorman stated the duplex has outside storage, fencing issues and the property is vacant. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No.2006-220, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-220, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Anthony Ajewole regarding rental property at 1081-1083 Polk Circle N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-220 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 Anthony Ajewole (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1081-1083 Polk Circle 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 October 12, 2006 of an public hearing to be held on November 13,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 7, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 12, 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 November 6, 2006, inspectors for the City of Columbia Heights, performed a fmal 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: Failure to correct RMC violations. The violations are as follows; Shall remove aIVany outside storage from the property - Microwave, Barstool, Garbage, Chair, Clothing, Bicycle tires, Door, Wood, Broken rabbit hutch. Shall repair soffit that is falling off. Shall repair fencing around kennel that is falling down. 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 The rental license belonging to the License Holder described herein and identified by license number F80 1 0 is hereby revoked. 1. 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. 2. 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. D) Adopt Resolution 2006-221, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there is one violation remaining of painting and scrapping the garage. City Council Minutes November 13,2006 Page 10 of31 Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-221, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-221, a resolution of the City Council of the City of Columbia Heights declaring the property at 1110 Gould 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 2006-221 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 Randy Erickson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1110 Gould 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 certified mail to the owner of record on October 13, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 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 September 28,2006, inspection office staff granted the property owner a requested extension of time to correct the violations. 3. That on October 13,2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6, 2006 inspectors re-inspected 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: Scrape and paint garage. 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 1110 Gould 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 1110 Gould 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. E) Adopt Resolution 2006-222, Declaring Property a Nuisance/Approving Abatement of Violations Gonnan stated there are two outside violations, storage and issues with the garage. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of City Council Minutes November 13, 2006 Page II of31 Resolution No. 2006-222, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-222, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 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 2006-222 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 Molly Gordon (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3709 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 certified mail to the owner of record on October 3, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 1,2006 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 October 3, 2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 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 repair/replace overhead garage door and shall remove all/any outside storage from the property. 4. That an parties, including the o'vvner 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 3709 Polk 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 3709 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. F) Adopt Resolution 2006-223, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there are three outstanding exterior violations. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-223, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-223, a resolution of the City Council of the City of Columbia Heights declaring the property at 3816 Tyler Street N.E. a nuisance and City Council Minutes November 13, 2006 Page 12 of31 approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-223 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 Dawn Chambers (Hereinafter "Owner of Recordtt). Whereas, the owner of record is the legal owner of the real property located at 3816 Tyler 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 certifed mail to the owner of record on September 28,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 24, 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 28, 2006, inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, 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: Shall remove all areas of scrub growth from around garage and fence. Repair chain link fence on rear of property. Scrape and paint trim on 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 3816 Tyler 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 hear~J11gs 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 3816 Tyler 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. G) Adopt Resolution 2006-224, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there are scrub growth violations on the property. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-224, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-224, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 3848 Jackson 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 2006-224 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement City Council Minutes November 13, 2006 Page 13 on 1 of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Joseph Wagner (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3848 Jackson 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 certified mail to the owner of record on October 9, 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 September 6, 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 October 9,2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, 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: Shall cut down all/any scrub growth in the following locations; Behind the garage, in the alley and all around the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3848 Jackson 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 3848 Jackson 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. H) Adopt Resolution 2006-226, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated that violations A and B have been completed, with siding on the garage remaining. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-226, removing items A & B, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-226, a resolution of the City Council of the City of Columbia Heights declaring the property at 4011 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 2006-226 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 Diane Diederichs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4011 5th Street N.E. Columbia Heights, Minnesota, City Council Minutes November 13, 2006 Page 14 on I And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 23, 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 September 5, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 2, 2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. An extension was granted to October 23,2006. 3. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6, 2006, inspectors reinspected the property and found that six violations 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: Shall replace the missing siding comers on the garage. 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 4011 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 4011 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. I) Adopt Resolution 2006-227, Declaring Property a Nuisance/Approving Abatement of Violations Gorman listed the four outdoor violations including outside storage, painting, and hard surface parking. Williams questioned the painting this time of year. Gorman stated they would be given a seasonal extension. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-227, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-227, a resolution of the City Council of the City of Columbia Heights declaring the property at 4021 Jefferson 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 2006-227 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 Anita Streiff (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4021 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 City Council Minutes November 13, 2006 Page 15 on I and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 23, 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 September 22, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that four 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 cut down all/any scrub growth in the following locations along alley and around fence throughout property, Replace rotted garage fascia boards and paint, Repair hard-surfaced parking in rear near garage off the alley, Asphalt is in poor condition, Shall remove all/any outside storage from the property, Cardboard, Large pieces of clear plastic near the garage and rear fence. 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 That the property located at 4021 Jefferson Street is in violation of the provisions of the Columbia Heights City Code as set 1. forth in the Notice of Abatement. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to 2. 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 4021 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. J) Adopt Resolution 2006-229, Declaring Property a Nuisance/Approving Abatement of Violations Removed K) Adopt Resolution 2006-230, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this is for removal of a tree stump. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Williams. to close the public hearing and to waive the reading of Resolution No. 2006-230, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-230, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4138 Quincy 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 2006-230 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 Jennie Kowal (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4138 Quincy 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 City Council Minutes November 13, 2006 Page 16 onl and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 19, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 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 September 13,2006, an extension of time was granted until October 19,2006. 3. That on October 19, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006, 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: Shall remove the dead tree (tree stump) in the back yard to within 2-4 inches below ground level. 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 4138 Quincy 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 4138 Quincy 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. L) Adopt Resolution 2006-231, Declaring Property a Nuisance/Approving Abatement of Violations Gorman referred to numerous violations, due to a tree falling and damaging the home and yard care. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-231, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-231, a resolution of the City Council of the City of Columbia Heights declaring the property at 4149 ih 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 2006-231 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 Roy F. Villa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4149 7th 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 certified mail to the owner of record on October 5, 2006 and November 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: City Council Minutes November 13, 2006 Page 17 of31 FINDINGS OF FACT 1. That on September 1, 2006 an inspection was conducted on the property listed above. Inspectors found eleven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 5, 2006, inspectors re-inspected the property listed above. Inspectors noted that eleven violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that eleven 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 cut/remove the long grass/weeds/scrub growth from around the property, Shall remove all scrub growth on alley and in driveway. Shall provide weekly maintenance of the lawn. Shall trim the trees in front of the house so that the address numbers can be clearly seen. Shall repair all/any damaged windows on the structure. Shall seal, stain, paint all bare wood around the basement egress window on the south side of the house. Shall repair the damaged gutters on the south side of the house. Shall remove the fallen tree from the yard. All branches and parts of the fallen tree shall be removed from the yard. Shall have a tree service professional determine if the remaining tree parts are alive or dead. Shall have any dead parts of the tree removed. If the tree is to be completely removed, it must be removed 2-4 inches below ground level. 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 4149 7th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to 2. 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 4149 7th 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. M) Adopt Resolution 2006-232, Declaring Property a Nuisance/Approving Abatement of Violations Removed N) Adopt Resolution 2006-233, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this is for repair or replacement of the front steps to the house. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-233, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-233, a resolution ofthe City Council ofthe 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. Upon vote: All ayes. Motion carried. RESOLUTION 2006-233 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 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, City Council Minutes November 13,2006 Page I 8 of 31 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 24, 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 September 15, 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 October 24, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 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 Codes(s) were found to exist, to wit: Shall repair/replace front stairs. 5. That all parties, including the owner ofrecord 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 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 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. 0) Adopt Resolution 2006-234, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this property has four outdoor violations. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-234, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-234, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4605 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 2006-234 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 Benjamin Flores (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4605 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 certified mail to the owner of record on October 16, 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: City Council Minutes November 13, 2006 Page 19 onl FINDINGS OF FACT 1. That on September 12,2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 16, 2006, inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, 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 Codes(s) were found to exist, to wit: Shall repair or remove or replace the damaged fence in the front yard. Shall remove alVany scrub growth from around the garage and parking pad in the rear. Shall paint or stain or seal the bare wood on the service door of the garage. Shall remove all/any outside storage from the property - cage, bags of cans, strollers, rake, yellow buckets, garbage cans, miscellaneous garbage, bags newspapers, shoes, bottles, cups, television, drawer, buckets. 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 4605 Polk 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 4605 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. P) Adopt Resolution 2006-235, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated the violations are outdoor storage. Mayor Peterson asked ifthere was anyone present regarding this property. Steve Krafte, 4929 6th Street, stated that the car would be removed shortly, and the dirt pile is to fill in around his house. The concrete pile is from neighbors and would be used for fill. He stated that he has requested an extension on the siding. Peterson stated that Council could move ahead with this proceeding and still allow the owner the necessary time to do the work. Peterson stated his appearance showed his concern and indicated that staff would work with him. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-235, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-235, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4929 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 2006-235 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 Steven Krafty (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4929 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 certified mail to the owner of record on October 9, 2006 City Council Minutes November 13, 2006 Page 20 of 3 I 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 two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 31, 2006, inspectors re-inspected the property listed above and found that two violations remained uncorrected. A time extension was granted to the property owner. 3. That on October 9, 2006 inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006, inspectors reinspected the property and found that one violations 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: Shall remove all/any outside storage from the property - Roll of fencing, Pile of dirt/fill/concrete, storage on north side of the garage. 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 4929 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 4929 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. Q) Adopt Resolution 2006-236, Declaring Property a Nuisance/Approving Abatement of Violations Gorman listed the violations of outside storage. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-236, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-236, a resolution of the City Council of the City of Columbia Heights declaring the property at 4935 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 2006-236 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 Jeanne Jones (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4935 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 certified mail to the owner of record on September 28,2006 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: City Council Minutes November ]3, 2006 Page 2] on] FINDINGS OF FACT 1. That on July 13, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21,2006, an extension of time was granted until September 28,2006. 3. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6, 2006, inspectors reinspected the property and found that six violations 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: Remove large brush pile from near alley, Remove truck topper from landscaped area, Shall remove the boat parked on the landscaped surface (in the yard). 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 4935 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 4935 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. R) Adopt Resolution 2006-237, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this property was before Council previously on an emergency abatement. This is for several major violations and the property is now under the control of Homeland Security. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-237, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-237, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4949-51 Jackson 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 2006-237 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 Alagumeena Nagappan (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4949-51 Jackson 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 certified mail to the owner of record on October 9, 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 City Council Minutes November 13, 2006 Page 22 of31 1. That on September 5, 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 October 9,2006, inspectors re-inspected the property listed above. Inspectors noted that seven violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that six 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 repair the downspout that is hanging off the building. Shall repair the stucco that is crumbling on the back of the building and also under the side door on the 4951 side. Shall repair or replace all/any broken screens. Shall cut and remove all/any long scrub growth/long grass/weeds all around the property. Shall remove all/any outside storage from the property - pallets, sheetrock, garbage, debris 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 4949-51 Jackson 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 4949-51 Jackson 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. ITEMS FOR CONSIDERATION Other Business 1) Authorization to Purchase Property Fehst stated that Bob Long, Welsh Properties, Mark Ruff, Ehlers and Associates, Larry Scott, Liquor Manager were present to represent this item. In 2002 staff brought forth the idea of city owned property on Central Avenue. Welsh Properties has established a purchase agreement for three property at $1,300,000 for this pUll1ose. He refened to infol111ation from our lawyers showing the advantage of owning property versus renting. He indicated the amount we would have saved if this would have been done at the time proposed. Bond principle and interest would be paid with revenue and funds currently used for rental. We currently pay property taxes on the rental property, which would not be required if we owned property. Fehst referred to the high amount of vehicle travel in this area, and the decline of business at the current location due to changes in the mall. We generally contribute $300,000 to $400,000 a year to the general fund from this business, but that decreased last year to $200,000 from these changes. If approved, we would move to a Phase I analysis of the property. We spent $8,000 in engineering fees to make sure the layout would suit our needs. We have received quotes from Welch, and Krause Anderson for the analysis. We could proceed with Welch as our construction manager for the site. Nawrocki indicated that the authorization to initiate purchase agreements was not approved by Council. He stated that he has requested documentation regarding dual representation by this firm. Nawrocki referred to the decline in sales and questioned the wisdom of moving ahead with this. Nawrocki stated this property would be $1,300,000 for the property, plus the cost to build a building. We need to look closer at the use of our funds. We have no assurance of profitability. Larry Scott, Liquor Manager, referred to past sites proposed and indicated the need to proceed because current site revenues have diminished. If we continue down this road it would not be possible to continue with a liquor store at the current site. Kelzenberg stated his opinion that it would be better to own our liquor stores rather than to rent them and that the current site is not the best place for a liquor store. Scott stated that during consideration City Council Minutes November 13, 2006 Page 23 of 3 I of a new store, we did not put money into improvements of the current store. Nawrocki referred to costs to own a building. He stated that we do not have good profit numbers and do not have information on the values ofthe property. Bob Long, Welsh Companies, described the negotiation process. On the LaCaberna Restaurant, we offered appraised values and they were at $550,000. They now have agreed to $450,000. The barbershop turned down $275,000, then marketed it for $350,000 and we got them back to $275,000. The old color tile/pet store received an offer for $575,000 and he was asking $700,000. He agreed to a match of that offer. From an investment standpoint, you will see the values recouped. The price will only go higher if not acted upon. Nawrocki stated that we have not been shown the appraisals ofthe property. The car wash agreement is at a premium price. Nawrocki stated the use of disclosure should be referred to the State Department of Commerce. Nawrocki stated concerned with the way this business is going and questioned this type of investment. Fehst indicated that we run this as an enterprise fund. This would be a reinvestment into the business. He stated that Council requested to see what the property could be purchased for. When you venture into capital outlay, there are risks. This is an investment in our community. In a worse case scenario, we could liquidate and sell. Nawrocki stated he has not seen the numbers of our competition, and referred to the history of our liquor stores. He compared liquor in grocery store legislation to eminent domain laws. Nawrocki again referred to the community getting deeper and deeper into debt. Diehm stated her support of the property purchase as the area needs redevelopment. She indicated the need to be smart in the building design so it could be a product we could sell and could be proud of. She stated that she is encouraged by Ehlers report on St. Anthony's new store. From a procedural standpoint we could have had a closed meeting on a property purchase. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into purchase agreements for the three properties at a total cost of$1,300,000, with funding coming from the Liquor fund and inter-fund loans until the bonds are sold. Williams asked if we need all three lots for the store. Fehst stated yes. Williams questioned the interest rate on the bonds. Fehst stated it would be 3.75 to 4 percent for the Huset Park special assessment, road projects, and utility projects and about 4 percent on the land purchase. Nawrocki stated that ifthe revenue does not bring in the funds to pay the debt service, property taxes would have to be increased. Ruff stated that we don't know what the rates on liquor store bonds would be, but would expect to carry an "A" category bond rating. Because of good city operations, it is anticipated the bond rate would only be .25% higher than a general obligation bond. The EDA would own the building and lease it to the city. Williams asked ifthe two stores would be bonded together. Fehst stated that the bonds might require bonding in two different years. Ruff stated that a larger bond issue would be best, and the city could enter into a construction contact and then bond later in the year. The rate is less if the city or EDA bonds for less than $10,000,000 in one year. Ruff stated they would recommend doing both stores under one bond. City Council Minutes November 13, 2006 Page 24 of31 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - I nay. Motion carried. 2) Resolution Awarding the Sale of $4,075,000 General Obligation Improvements Bonds, Series 2006A Bill Elrite, Finance Director, stated that we have held two readings on the bond and the sale was today. He indicated the payment of the debt service would be through private assessments, and utility funds. He stated the low bidder was Robert W. Baird & Company from Milwaukee. Williams stated that the bond rating is Al according to Moody's. Ruff stated that the principal amount is $4,075,000 with a closing date of December ih. The bond buyers index is 4.19%. Bond rates are as low as the middle of 2005 and are at near historic lows. Ruff recommended the bid be given to Baird & Company. Williams asked for clarification of the Moody rating. Ruff listed the factors involved. Nawrocki recommended that the information given be reviewed. Nawrocki questioned inner fund loans. Ruff stated that is not included in the city's overall debt. Nawrocki referred to funds earmarked for an activity center and loans to the EDA. We have used reserve funds for property and development. Williams stated that we are increasing our tax base because of city redevelopment. The interest rate of four percent for 20 years is a great rate to build our city for tomorrow. Weare taking two vacant buildings and one house and making a good building from it. The city's direct debt level is below average. Williams indicated that the Moody report is very positive and shows that what we are doing . . IS very WIse. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-238, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2006-238, being a resolution authorizing the sale of $4,075,000 in General Obligation Improvement Bonds, Series 2006A. Upon vote: All ayes. Motion carried. Roger Strom, 47 Y2 Avenue, questioned the direction ofthe liquor store entrance. Diehm explained the proposed location. This Resolution can be found at the end of this document. ADMINISTRATIVE REPORTS Report of the City Manager . Glad the elections are over; commended the people that applied for the job. Congratulated the winners and thanked the losers for participating. Nawrocki . Lot west of Waggamons has cars parked there on an unpaved lot - when will it be cleaned up. Fehst stated that we are monitoring the site and violations are handled. Ifit was residential it would have to be paved. . 4242 3rd Street has the cover open on the dumpster. Has been there three times and it is always open. We should keep them covered for the health hazard. . SW corner 44th and 3rd - there is a car for sale on an unpaved surface. City Council Minutes November] 3, 2006 Page 25 of 3 I . 3841 3rd Street - has an unlicensed vehicle 515t and University - unlicensed vehicle and junk on the property 43rd and Central- sidewalk in front of property tom up for construction not fixed. Savers has outside storage and a truck trailer and vehicle for storage. Architectural proposals for activity center, have not seen a total price - only hourly rates. Want to see proposals from the other architectural firms and our request for proposal. Manager left town without informing the Council. We should know ahead oftime. Fehst stated that everyone was notified. . . . . . Report of the City Attorney - nothing to report. CITIZENS FORUM Deb Johnson, 4626 Pierce, referred to an email she sent regarding Grand Central Lofts. They have reduced the price on the condos and they are now very reasonable, but they are starting a new process to sell as "rent to own". She was not in favor of this possibility. She indicated hope that something will happen with the hole in the ground. Peterson stated that we are all concerned. Diehm stated an EDA discussion was of commercial improvements in the area, which may generate interest in that development. Johnson stated that they are now reasonably priced and if she was in the market for a home, she would buy one. Diehm stated that the condos are beautiful. Nawrocki stated he brought this up at the beginning of the project. COUNCIL CORNER Kel zenb erg . Commended voters for getting out to vote. There was a huge turnout. . Congratulated Peterson and Diehm. We all do our best to move the city forward and will continue to make improvements. . Remember no parking 2:00 a.m. to 6:00 a.m. in the winter months. Williams . Congratulated Kelzenberg, Peterson and Diehm. Their being reelected tells us we are doing something right. . Excited about the youth commission possibilities. . Mark Hinrich sent an email regarding a possibility for the Burger King site of a food drive in. It would attract attention. . Have a nice Thanksgiving. . The Saturday after Thanksgiving is the Mayor's holiday party. There will be a raffle for a four wheeler. Pray for the peace and health of our citizens. Peterson . The Kickoff Party will have a silent auction, dinner, music, and entertainment. . Congratulated Diehm and Kelzenberg on their victories, and thanked those that supported him. Thanked all those who took part. Everyone is a winner. Rather than sit back and complain, they got involved. . Don't forget to go to www.1etssaythanks.com and send a free card to those serving in the military. Diehm . Thanked the community for their support in the election and choosing her for another four years. The most important thing was the opportunity to have a vision for our future. Expressed hope that discussion continues and encourages others to stay involved. . The Columbia Heights Drama Department is presenting a play on November 16, 17, and 18th. . For Thanksgiving and the holidays - read options to become involved in SACA - i.e. toys, food and monetary donations or volunteer at the site. If you know a family in need, you can make a referral. City Council Minutes November 13,2006 Page 26 of31 Encouraged everyone to contribute time or money to our food shelf. Nawrocki . Congratulated the winners of the election. . Referred to a possible "Porky's" in Columbia Heights. Thinks it is worthy to look at. . Concerned about the budget and the information we don't get. Want to see information on all funds - HRA and EDA also. . Renewed request to know where we stand on TIF commitments. Peterson referred to prior discussions of a Porky's Drive-In. Peterson Don't take ourselves too seriously. Happy holidays and come to the Holiday Kick Off party. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10: 1 0 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1515 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. AUTO AND TRUCK SALES LOT, USED: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. AUTOMOBILE, USED: Any secondhand, previously owned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.107 (C)(6) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used car lot as a stand-alone business is prohibited. c) Used cars may be sold as a stand-alone business if the business is contained within a building. d) Used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. t) Outdoor vehicle display areas within the public right-of-way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. City Council Minutes November 13, 2006 Page 27 of 31 h) Outdoor vehicle display shall be within a designated area that is hard-surfaced. i) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. 1) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. **NOTE** The existing subdivision S 9.107 (C) (7) and all other subsequent subdivisions: S 9.107 (C) (8-42) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new. (d) Automobile sales, used (in building). (e) Recreational vehicle sales, new. (f) Recreational vehicle sales, used (in building). (g) Firearms dealer/Shooting range. (h) Hospital. (i) Outdoor sales or display. (j) Outdoor storage. (k) Parking Ramp. (1) Assembly, manufacturing and/or processing. (m) Printing and/or publishing. (n) Consignment/Secondhand store. (0) Club or lodge. (p) Currency exchange. (q) Pawnshop. (r) Drop-in facility. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION NO. 2006-238 A RESOLUTION AWARDING THE SALE OF $4,075,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOL VED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Background. 1.01. By Ordinance No. 1514 (the "Ordinance"), the City Council authorized issuance of general obligation bonds in the maximum principal amount of $4,430,000 in order to finance Zone 7 A 2004 Street Reconstruction Improvements, Zone 7B/lA 2006 Street and Utility Improvements, Huset Parkway Improvements, and Zone 1 B, 2, 3, water tower and water line cleaning improvements. 1.02. The Zone 7A 2004 Street Reconstruction Improvements, the Zone 7B/lA 2006 Street and Utility Improvements and Huset Parkway Improvements are referred to collectively as the "Assessable Improvements" and Zone IB, 2, 3, water tower and water line City Council Minutes November 13, 2006 Page 28 of31 cleaning improvements are referred to as the "Utility System Improvements". 1.03. The City has determined that, within 30 days after publication of the Ordinance, no petition for a referendum on issuance of bonds was received by the City in accordance with the City Charter, and accordingly the City has determined to issue its $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A (the "Bonds") in order to fmance the Assessable Improvements and the Utility System Improvements. 1.04. The proposal of Robert W. Baird & Co. (the "Purchaser") to purchase the Bonds of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $4,113,840.85 for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2008 4.00% 2015 4.00% 2009 4.00 2016 4.00 2010 4.00 2017 4.00 2011 4.00 2018 4.00 2012 4.00 2019 4.00 2013 4.00 2020 4.00 2014 4.00 True interest cost: 3.7980266% 1.05. Purchase Contract. The sum of $89,779 being the amount proposed by the Purchaser in excess of $4,024,062 shall be credited to the Construction Fund under Section 4.01 hereof The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475 (the "Act"), in the total principal amount of $4,075,000, originally dated December 7, 2006, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-I, upward, bearing interest as above set forth, and maturing serially on February I in the years and amounts as follows: Year Amount Year Amount 2008 $275,000 2015 $245,000 2009 440,000 2016 250,000 2010 485,000 2017 270,000 2011 520,000 2018 25,000 2012 565,000 2019 25,000 2013 465,000 2020 25,000 2014 485,000 $3,405,000 of the Bonds (the "Improvement Bonds") maturing in the amounts and on the dates set forth below are being issued to fmance the Assessable Improvements: Year Amount Year Amount 2008 $225,000 2015 $170,000 2009 385,000 2016 175,000 2010 425,000 2017 190,000 2011 455,000 2018 25,000 2012 500,000 2019 25,000 2013 395,000 2020 25,000 2014 410,000 The remaining $670,000 of the Bonds (the "Utility Revenue Bonds") maturing in the amounts and on the dates set forth below are being issued to fmance the Utility System Improvements: City Council Minutes November 13,2006 Page 29 of 31 Year Amount Year Amount 2008 $50,000 2013 $70,000 2009 55,000 2014 75,000 2010 60,000 2015 75,000 2011 65,000 2016 75,000 2012 65,000 2017 80,000 1.07. Optional Redemption. The City may elect on February 1,2013, and on any day thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1,2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal cOIporate trust office a bond register in which the Registrar provides for the registration of o\vnership of Bonds aT1d tl}e registration of transfers and excha.Tlges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the pUIpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other pUIposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. City Council Minutes November 13, 2006 Page 30 of 3 I (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond oflike amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Deliverv. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not he valid or ohligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporarv Bonds. The City may elect to deliver in lieu of printed defmitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of defmitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: No.R- UNITED STATES OF AMERICA STATE OF MINNESOTA, COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS $ GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BOND, SERIES 2006A Date of Rate Maturity Original Issue CUSIP February 1, 20_ December 7, 2006 Registered Owner: Cede & Co. City Council Minutes November 13,2006 Page 31 on I The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, cornmencing August 1,2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on or after February I, 2014. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for fmancial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $4,075,000 all oflike original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 13,2006 (the "Resolution"), for the purpose of providing money to aid in fmancing various improvements to the water and sewage disposal system of the City and certain other local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the principal hereof and interest hereon are payable in part from the net revenues of the utility system of the City, in part from special assessments levied against property specially benefited by local improvements, and in part from ad valorem taxes for the City's share of the cost of the improvements, and as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues, special assessments and taxes pledged, which taxes may be levied v,,'itl10Ut liInitation as to rate or &'I}1ount. The Bonds of this series are issued only as fJUy registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth in the original document. City of Columbia Heights Park and Recreation Commission September 27, 2006 Jerry Foss called the meeting to order at 6:30 p.m. ROLL CALL Members present: Jerry Foss; Stan Hoium; David Payne; Marsha Stroik; Gary Peterson; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer APPROVAL CONSENT AGENDA Motion by Payne, second by McDonald, to approve consent agenda with corrections to members present. All ayes. Motion carried. LETTERS AND REQUESTS Recreation Director Windschitl reported to the commission that the Columbia Heights Sister Cities organization would be hosting a spaghetti dinner fundraiser on October 15, 2006. The request is for the rental fee to be waived or reduced. McDonald asked what was done for them in previous years. Windschitl stated that they were charged a $40 entry fee and $15 per hour to cover staffing costs. Motion by Payne to charge the reduced fee rental of $40 entry and $15/hour for Sister Cities fundraiser dinner, second by Hoium. All ayes, motion carried. Recreation Director Windschitl reported that request had been received for a fee-waived rental ofthe Senior Center on Sunday October I, 2006 for an Eagle Scout A ward Ceremony. Stroik asked ifthere would be staff in the building on that day. \Vindschitl stated that there is no other rental of Murzyn Hall that day. Motion by Hoium to charge the $40 entry fee and $15 fee per hour to cover the staff costs, second by Payne. All ayes, motion carried. Recreation Director Windschitl reported that request had been received for a fee-waived rental from the non-profit group Career Solutions to conduct a workshop over a period of 6 weeks. He feels that this service would be a benefit to the community because it helps displaced homemakers and he would see no problem waiving the rental fee, as this would be done during our hours of operation. Motion by Hoium to waive the rental fee for Career Solutions workshops, second by Stroik. All ayes, motion carried. Recreation Director Windschitl reported that the Columbia Heights Women of Today sent a donation of$100.00 for their use of Murzyn Hall over the year. Foss recommended sending a letter of thanks. Recreation Director Windschitl reported to the commission that a letter of request was received for a fee-waived rental of Murzyn Hall to host a benefit for resident Chad Holom's family who recently passed away. Windschitl recommended working with this group on an open Friday date for Murzyn Hall. Motion by McDonald to charge the $40 Park & Recreation Commission September 27,2006 2 entry fee and $15 per hour that the group would be in the building, second by Payne. All ayes, motion carried. OLD BUSINESS Public Works Director/City Engineer Hansen reported to the commission that the intent of the proposed fencing policy is to establish where we would use it, have a standard material, bring in naturalized material when available and if something other than a chain link fence is requested it must be approved by the Park & Recreation Commission. Hansen feels that the most important issue is that if any other material is requested other than the standard chain link fence, it must come before the Commission. Payne stated that it is a good idea to have a policy that keeps guidelines for the fencing used in the City. Hoium stated that by having a written policy it does not stop a resident from asking for any particular type of fencing. Hanson stated that a lot of park boundaries do not need fences. Motion by Payne to adopt the proposed fencing policy for perimeter or boundary fencing used in the parks, second by McDonald. All ayes, motion carried. NEW BUSINESS Windschitl reported that the same power point presentation would be used for the annual budget meeting. The Recreation and Murzyn Hall Budget reflects a minimal increase. The Murzyn Hall Budget covers the 2007 security officer but the Murzyn Hall renters pick up the cost. There has been an increase in the number of events held at Murzyn Hall, which is reflected in higher staffing costs. The annual budget meeting will be held on October 25, 2006 in the Mathaire/McKenna room. The Park & Recreation Commission meeting will be at 6:30 p.m. and the Budget meeting with the Council after the Library Budget meeting which is at 7:00 pomo REPORTS RECREATION DIRECTOR Windschitl reported that the ballfield lights are up at Prestemon Park but they need electrical work done. Discussion was held among the commission regarding the condition of shelters at Silver Lake Beach and Sullivan Park and ofthe wood boardwalk area at LaBell Park. Foss asked Hansen to put together some cost information for a new pavillion or shelter. Payne asked if there is money in any budget for maintenance of the park buildings. Windschitl formally thanked the CH Boosters, CH Lion's Club, TriCity Legion, VFW, CrestView, Kordiak Company, 1 st Community Credit Union, and Northeast Bank among many other organizations for their many contributions and support given to the City of Columbia Heights. Windschitl fonnally thanked the Columbia Heights Activities Fund and Gary Peterson for the generous donation of the stage, lighting and sound equipment. Park & Recreation Commission September 27, 2006 3 Regarding the previous request from the community Quilting Quild for space in Murzyn Hall to conduct their monthly sessions, the majority of the Commission was in favor of waiving the fee as long as they worked with availability of Murzyn Hall. Windschitl updated the Commission on the Samaroo concert rental. The rental went very well, there were no problems with the late rental untill :30 a.m., the Lion's Club bar stayed open untill2:30 a.m. and the renter is looking into holding another event here in the future. PUBLIC WORKS DIRECTOR/CITY ENGINEER A grant application was completed for walking trials on University A venue from 40th Ave. to 45th Ave. on west side of service drive. The results will be sent out in January. COMMISSION MEMBERS Stroik asked what the status is ofthe pedestrian bridge over 49th St. and Central Ave. Hansen replied that it is an MNDot bridge. If any federal funding were received the bridge would need to be ADA compliant. Hoium stated that the transformer outside Murzyn Hall makes a lot of noise. Windschitl replied that Excel Energy has been notified. Foss commented that the Fall Softball league is only running one night per week; where is everyone going? He feels that we should find out why they are leaving our program and asked if the teams were given births to the State Championships. Windschitl replied that a hirth is $140.00. in years nast one was viven 01lt to a ro111mhia Heip"hts team that . - -. ~ - . - - --, --.,} ----- !..--..-- ---- --- 0-. --- ---- -- -- ------------ -.---0---- ------- ------ won the league. Teams were not going so the money was being wasted. This year the teams were told up front that due to late notice a birth would not be given out and fees would not increase significantly. If there was any team that desired to go to post season tournaments they were to let the Rec. Director know and he would get them a birth at their own cost. ADJOURNMENT Jerry Foss adjourned the meeting at 7:50 p.m. Deanna Saetke Recreation Clerk Typist II City of Columbia Heights Park and Recreation Commission October 25, 2006 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Donnell Rank, resident Also present: APPROVAL CONSENT AGENDA Motion by Payne to approve consent agenda, second by Stroik. All ayes, motion carried. LETTERS AND REQUESTS Request from Karen Bonebrake to receive a resident discount for the rental of Murzyn Hall as a repeat customer. Motion by McDonald not to grant Karen Bonebrake a discount for the rental of Murzyn Hall because she is not a resident, second by Payne. All ayes, motion carried. Resident Donnell Rank was present to speak about her request. Rank is a training coach for metro city girls competing in pageants who need help with vocal or theatrical skills; at no charge. This happens two to three nights or afternoons per month. Rank works with the Smile Network and meets a lot of youth that she helps from there. Payne asked if the ~n""~n~~n~+n n_n ~n~ +hn nH_nH~;I~~~ nn~~H_~+" Dn_l, n+n+n;l ..nn n_..l nn~n hnun hnn_ pa.!.!.1\""lpalU..,:) a.J.\.I1J.Vlll L11~ ;:)U.lIVUI1Ul11!5 \.rUU.IIU.Ul11lY. l'-.alll\.. ~Lat~U yc:, allU ~Ul11t; l1Q.VIf;;; u~t;;ll from Columbia Heights. Windschitl asked what type of space is needed. Rank replied any small space with an area to move around in, but the floor type does not matter. They are clean, always leave the space as found and are respectful ofthe rules. Payne responded that he has no problem waiving the fee if the building is open during the week. Motion by Stroik to waive the rental fee working with the availability of the building being open, second by Greenhalgh. All ayes, motion carried. Recreation Director Windschitl reported that the Annual Holiday Kick-off Fundraiser would be on Saturday November 25th; proceeds benefiting the CH Activities Fund. In the past the fee has been waived for this event. He feels that this is a good event and Gary Peterson gives a lot back to the community. Motion by Stroik to waive the rental fee for the Annual Holiday Kick-offFundraiser, second by Payne. All ayes, motion carried. Recreation Director Windschitl reported to the commission that a letter of request was received for a fee-waived rental of Murzyn Hall to host a benefit for Charlotte Spensley. Parent Elizabeth Spensley is a resident of Columbia Heights; Charlotte grew up in Columbia Heights and now lives in Andover with her husband and two young children. The event details are not set yet, but they would like a Sunday evening. Evans stated that we typically charge the $40 entry fee and $15 per hour to cover staff costs. Motion by Park & Recreation Commission October 25, 2006 2 McDonald to charge the $40 entry fee and $15 per hour that the group would be in the building on the weekend or to waive the fee on a weekday, second by Payne. All ayes, motion carried. OLD BUSINESS Public Works Director/City Engineer Hansen reported to the commission on the conditions of the shelter at Silver Lake Beach. A photo was passed around depicting the damage to the roof and structure of the existing shelter. Hansen explained that in the 2007 Parks Budget there is a request for a large shelter/structure at Huset Park. The proposed structure at Huset would hold 60-80 people, approximately 55-60 feet in diameter and $75,000 has been budgeted. Hansen recommends a 24-28 foot hexagon shelter for Silver Lake Beach. Evans asked if more tables would fit under a rectangle shelter. Hansen replied yes, but a hexagon or octagon shelter has nicer aesthetics for a picnic building (example of Kordiak Park was stated). Silver Lake Beach is not in the current budget for next year. A sampling of existing manufacturers indicates it would cost $18,000-$20,000 just for the structure. Total cost for replacement would be $30,000-$35,000, with removals and installation. Hansen advises getting public input on a project for Silver Lake Beach. Payne asked where money is for maintaining the city parks. Hansen replied that routine maintenance is budgeted annually in the Parks budget. Major maintenance in the form of Capital Replacement is in the Parks Development Fund - of which there has not been much activity since the work at Prestemon Park in 1999 and 2000. McDonald asked ifthere would be additional costs in tearing down the current structures at Silver Lake Beach. Hansen replied that the costs would be minimal for the two small dilapidated shelters but that the commission, at this time, has not discussed the enclosed concession building. To make repairs to the concession building would cost ~1? 000-~1" 000 ~tr()ik ~"la':n f()r m()npv in npyt vp~r" hllnupt t() hp ll"pn "np('ifi('~11v f()r ....... ~ -, ~ ~ ~ ........... -, ~ ~ ~. - -- --~-- ------ ---- ------....-.1 ............ ........-........ J ---- -- --0--- ......... -- - -.....-- -1"--.............--.......1 -......-- maintenance on the parks, which would then cover this shelter. Motion by Payne to recommend to the city council for providing additional funding for the replacement of the Park Picnic Shelter at Silver Lake Beach in the amount of $30,000, second by Foss. All ayes, motion carried. NEW BUSINESS None at this time. REPORTS RECREATION DIRECTOR Windschitl reported that there was a power surge outside of Murzyn Hall in July and a reimbursement check was received for $8541.08 to cover the replacement of some items that were damaged during that power surge. Damages included a dishwasher heater, a power supply in a computer, a computer, exit signs, security lights and the elevator main pump. PUBLIC WORKS DIRECTOR/CITY ENGINEER None at this time. Park & Recreation Commission October 25, 2006 3 COMMISSION MEMBERS None at this time. ADJOURNMENT - Eileen Evans adjourned the meeting at 7:00 p.m. Deanna Saefke Recreation Clerk Typist II L.. LIBRARY BOARD/CITY COUNCIL BUDGET MEETING October 25, 2006 6:30 P.M. The joint City Council/Library Board meeting on the proposed library budget for 2007 was held at Murzyn Hall on October 25,2006, at 6:30 p.m. Those present were: Walt Fehst, Barbara Miller, Bill Elrite, Patricia Sowada, Catherine Vesley, Mayor Gary Peterson, Bruce Nawrocki, Tami Ericson-Diehm, Bruce Kelzenberg, and Rebecca Loader. Mayor Gary Peterson called the meeting to order at 6:30p.m. Barb Miller, Library Board Chair, welcomed everyone. She turned the meeting over to Becky Loader for the power point slide show presentation. The Power Point presentation was narrated by Becky Loader and highlighted the 5 major areas of the budget. The minimum local support level for 2007 is $588,897.00, which is equal to the budget from 2005. Maintenance of Effort was reviewed. Based on the requested levy for 2007 the per capita figures for Columbia Heights would be $27.25. 1. "Personnel" slide was reviewed. All contracts are settled for 2007. 13 of 17 employees participate in PERA. Major changes were reviewed. 2. "Supplies" budget was reviewed. The Board is requesting a 5.11 % increase for 2007. Line items that were increased, those that remained the same and those eliminated were all reviewed. 3. "Other Services and Charges" budget was reviewed. The Board is requesting a 16.13% increase for 2007. Slide included information regarding line items increased, which were mostly utilities. Line items eliminated were also reviewed. 4. "Capital" was reviewed. Line item has been decreased by 50%. 5. "Contingencies and Transfers" were reviewed. An increase of $346 is requested for Operating Transfer Out. No contingencies are requested for 2007. The overall increase in expenditures for 2007 is 3.87%. This concluded the formal presentation and the floor was opened for questions. Councilmember Nawrocki voiced his objection to the Power Point presentation. Mr. Nawrocki had questions/comments in the following areas: Use of General Fund and Public Works money for work that has been done at the Library. Who paid the assessment on the street repairs that were completed this year? Why is Expert and Professional Service line item under spent? Per Capita would decrease if Columbia Heights became part of the County system. Response: The County per capita amount of $20.93 is for Operating only it does not include their capital improvement budget. The Mayor and Board have met with Anoka County previously and no financial savings and/or interest could be determined. The City Manager suggested checking the figures about per capita and the financial savings. Bill Elrite replied that he would research information concerning these items. Expert and Professional Services are under spent because the contract with Anoka County has not been settled as of this meeting. The increased costs of the new futegrated Library System (ILS) have not been implemented. Page 1 Mayor Gary Peterson asked about the cost of memberships to the American Library Association (ALA) and the Minnesota Library Association (MLA) for staff. He would like to see the expenses for professional memberships added to the budget. Barbara Miller mentioned that staff has not attended the ALA convention in a number of years. Gary Peterson concurred about the importance of keeping up professionally with your peers and would like to see that put back into the budget. Catherine Vesley and Tami Diehm made comments about the success ofWiFi, keeping our media current, and the positive impact the library makes in the community. The meeting was adjourned at 7:06 p.m. Respectfully submitted, Crm. ?f~ J eanine M. Schmidt, Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Page 2 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES November 1, 2006 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine Vesley, Patricia Sowada, Bruce Kelzenberg, Marsha Tubbs and Dana Weigman. Nancy Hoium, Becky Loader, and Lynette Thomson were absent. It was moved, seconded, and passed to approve the minutes of the October 3,2006, Board meeting as mailed. Bill list dated 10/23/06, was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. Dana Weigman was introduced to the Board as the new Adult Services Librarian. Dana talked a little about her background and the Board welcomed her to her new position on the staff. Old Business: 1. Update on Mady's site was discussed. The Board decided to wait until after the election and then revisit this subject after the first of the year. 2. The building cap and shed projects at the library have been completed. Heights Electric installed security lights for the parking lot entrance. The Board commented on the improvement the lights created at the back door. 3. A special order had to be placed for replacing the stalls in men's and women's restroom. The project will be completed later in the month. 4. There was no update from the Activity Center Advisory Committee members this month. 5. No update on the 2007 proposed budget is available at this time. New Business: 1. MLAlmemo on platform planks for 2007 revised copy was distributed and reviewed. 2. Thank you letter to the Sister City Organization for the plaque was reviewed. 3. Catherine Vesley invited everyone to the art show to be held on November 17. 4. The Board was reminded that the next meeting is on December 5. There being no further business the meeting was adjourned at 7:35 p.m. Respectfully submitted, ~. A.I ' N_ ~-.. . >no ~~ J anine Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 1 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, NOVEMBER 16,2006 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Demus Stroik, Brad Peterson, Rueben Ruen, Ken Henke, Bob Buboltz, and Dan Swee Council Representative: Bruce Nawrocki City Representative: Shelley Hanson Comcast Representative: Katlil DOlmelly Cohen Legal Counsel: Steve Guzzetta APPROVAL OF MINUTES J..lotion by Ken Henke, second by Brad Peterson, to approve the minutes from the meeting of July 20, 2006. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine. It was 110ted that the Wild Game on FSN channel 27 was blacked out. Kathi stated this is done occasionally as per the agreement with the Wild. B. Correspondence Log and Follow Up on Complaints Dan Swee had video interference on Ch3lmel 38. He thought it might be due to the sweep generator that has caused problems in the past. However, when Kathi checked into this, she confinlled the generator had been turned off for months. She recommended setiing up a service call. D3l1 repOlied that soon after she responded to his e-mail, the reception cleared up and there haven't been any problems S111ce. C. Status of Francluse Renewal Kathi Donnelly Cohen stated she had given a draft franchise agreement t6 Linda in October. Linda is reviewing it and will be meeting with Steve Guzzetta after Thanksgiving, prior to meeting with her. She explained that the current franchise expired November 9, 2006, but things will continue 'as is' since infonnal discussions to renew the franchise are taking place. Kathi reminded members that our renewal process isn't as complicated as other systems since our system was upgraded prior to the renewal, 3l1d other systems had to negotiate the upgrades as part of the renewal process. Nawrocki voiced his concern that no one has seen a copy of the draft besides staff at this point. He felt the commission should have some input regarding the content of the franchise before an agreement is reached. Guzzetta stated that once the details 3l'e worked out it would be brought before the Commission so they can make a recommendation to the City Council. TELECOMMUNICATION COMMISSION MINUTES NOVEMBER 16, 2006 PAGE 2 D. Other Old Business Peterson suggested that Comcast provide cable service at the Library or Murzyn Hall where people could test view different cable services and use it as a sales center. Katlil responded that due to regulations, if cable is shown in public places, cOlllil1ercial rates must be charged. Nawrocki asked how much the service is at City Hall. She informed him that Comcast has an obligation to provide an Institutional hookup for City Hall, but because this isn't open for public viewing, the rate requirements are not applicable. NEW BUSINESS A. Franchise Fee for 2nd & 3rd Quarter 2006 We received the 2nd & 3rd Quarter franchise fee payments and copies were enclosed in the agenda packets. B. Notice of Programming Changes Notice was received of changes in progralllilling. MHO will replace INHD2 on chalmel 209; VeneMovies will replace c;asa Club on chalmel609, and THE TUBE was added on channel 254. Also added in November were Reelz on chalmel260 in Digital Plus, Fox Reality on channel 108 in Digital Classic, and WFTC HD on chamlel236 in Basic HDTV. Kathi said notices will be sent ShOlily that a few more chalmels, including the Temlis Channel, are being added by Jal1UalY. Nawrocki stated he would like some of the empty chalmels not being used in the basic tier to have programming. C. Resignation of Dave Mahoney Dave Mahoney submitted his resignation on August 8, 2006, due to work schedule conflicts. The members hoped tlns vacancy would be filled soon. D. Other New Business Reuben repOlied he had recently watched the St. Louis Park Council meeting online, and that it had a replay feature also. There was a discussion about the various other cities that have this available via their websites and he feels Columbia Heights should pursue tIns also. Some of them offer the ability to select any meeting, then select a certain agenda item, alld to just view the portion of the meeting you're interested in. He asked that tIns item be passed on to the IS Dept. for them to research and report back to the cOlllinission. Ken Henke brought up the possibility of providing WiFi access in Columbia Heights. He noted several other cities are now providing this service. Reuben stated he t1nnks the City should wait to consider this issue. He said new teclmology is being developed called WiMax that will have more capabilities alld more frequencies that will enhallCe services for portable, wireless users. He said it is still in the testing phase, but would be a technological improvement over WiFi. TELECOMMUNICATIONS COMMISSION MEETING NOVEMBER 16,2006 PAGE 3 REPORTS A. B. C. ** Report of Commissioners Education- The access channel was off-line for about a week. Brian Hennikins from the School District called the regular customer service number to request a service call from Comcast. It took a week to get someone out to fix the problem. Kathi Donnelly Cohen stated there is a special phone number for Institutions such as the Library or Schools to contact for service. Kathi will get the number to call to Linda so she can make sure the Library and School District have the correct number to call for future problems. Library- The access channel had telTible reception for several weeks. It was found that water had gotten into the box and caused the problem. Once Dennis e-mailed Linda and she contacted Kathi, technicians were sent out immediately to COHect the problem. Again, by calling the special number, service would have been provided much sooner. Public-Nothing to report Government-Nothing to report RepOli of Comcast- Kathi reviewed the monthly repmis that were enclosed in the agenda packets. There was a discussion regarding the outage repmis. Dennis stated he has been having intem1ittent outages several times during the last couple months that last a day or so. Kathi said she would get him a 'specialnumber to call when it happens next, so that 'a tech can be dispatched right away to try and determine what the problem is. Report of Cable Attomey Steve stated that with the recent election results changing the makeup ofthe Federal House and Senate, he doesn't expect any major reform will take place during the lame duck session. He said pffiis of the bills that were drafted may be taken fmiher, but no major changes are expected. He felt the bigger risk is at the State level. Qwest has been successful in making changes in several states, and they will continue to pursue in other states now that it will be more difficult to do so at the Federal level. The ffi'gument they seem to be using is that it is too difficult, time consuming and expensive to obtain a franchise and to get use of the Right of Ways. They want to streamline the process ffi1d not have to abide by the current requiTements of proving they have the legal, technical, and financial means to provide the service. They argue that these requirements are excessive and are meant to deliberately keep them out as a potential provider. He said that cities may want to try and eliminate steps, but at the same time, cities must protect their interest for future requests. Guzzetta explained that the proposed federal legislation required only a form to be filed with the FCC to obtain a franchise. The companies would no longer go to the Cities for approval and would not have to prove they are capable of miming a system. Henke asked if the process should be streamlined now for the franchise renewal process. Guzzetta said it wouldn't affect the renewal with Comcast. It would only be an issue with new compames. TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF NOVEMBER 16, 2006 PAGE 4 Swee asked what rights Cities have if a company came in and only wanted to provide service to a portion of the city. Guzzetta said it puts cities in a difficult situation and that it creates a gray area regarding level playing fields and the requirement of providing identical service. However, there is nothing stopping a company from providing service to the city in phases. But negotiating the details and timelines for the implementation throughout the city would have to be worked out and agreed to by both parties. ** Guzzetta repOlied that the FCC has issued an order regarding the High Speed over Power-line issue. They have determined because it is an infom1ation service, it is not subject to certain obligations that had been argued. Although they are still working through some of the issues, the FCC didn't preempt city's rights. Motion by Ken Henke, seconded by Bob Buboltz, to adjourn the meeting at 8:08 pm. All ayes. Respectfully submitted, . Shelley Hanson C1Cl1..n""o.f-n'1,,,,(7 U\A..1i \"J!-{.U J COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 27,2006 AGENDA SECTION: Consent NO: S -A-3 ORIGINATING DEPARTMENT: CITY MANAGER ITEM: Adopt Res. 2006-251 Council meeting date December 2006 BY: Walt Fehst DATE: November 21,2006 CITY MANAGERS APPROV AL BY: DATE: NO: Background: Friday, December 22 and Monday, December 25, will be observed as holidays. Monday, December 25 is a regularly scheduled Council meeting date. Recommendation: . Cancel the Monday, December 25,2006 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2006-251, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-251, being a Resolution canceling the Monday, December 25, 2006 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: RESOLUTION NO. 2006-251 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 25,2006 WHEREAS: The City of Columbia Heights offices are closed on Friday, December 22, 2006 and Monday, December 25,2006, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 25, 2006; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this _ day of 2006 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCn. LETTER Meeting of November 27,2006 AGENDA SECTION: Consent NO. ITEM: Transfer Funds from General Fund to Police NO. Dept. Budget to Reimburse Overtime Fund ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE November 14,20 BACKGROUND During the past three months, the Police Department has been involved in off duty employment details that are handled through the Department. These details were security details at Unique Thrift Store and Columbia Heights High School activities. Since this type of off duty employment is handled through the Department, officers have signed up and worked these details since September 1, 2006. We have received a check from the following entities: Unique Thrift Stores-$1,387.46, and Columbia Heights School District-five checks totaling $2,062.50. This money is considered revenue and was placed in the City General Fund. ANAL YSIS/CONCL USION The Police Department is requesting that the City Council pass a motion requiring the $1,387.46 received from Unique Thrift Stores and the $2,062.50 received from Columbia Heights School District be returned to the 2006 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $1,387.46 received from Unique Thrift Stores and $2,062.50 received from the Columbia Heights School District from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. TMJ:mld 06-194 COUNCIL ACTION: City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson From: Captain William J. Roddy :}'I- Subject: Overtime Transfer Date: November 13, 2006 Attached is a list of the overtime re-imbursement received from October 11 th through November 13th, 2006. This is income from outside sources that has been paid to CHPD for the services of our personnel. Please request transfer of these funds to our overtime account. UniQue Thrift INVOICE # 028 Security September 06 DATE 10-1 0-06 AMOUNT $1387.46 Columbia Heil!hts School District 13 026 Security School Dance 9-08-06 027 Security Football games 9/01 & 9/08/06 029 Security Homecoming Dance 10-06-06 030 Security homecoming Football Game 10-06-06 031 Afternoon School Security Detail September 06 112.50 312.50 1 (\(\ (\(\ 1 vv.vv 337.50 1200.00 Total Amount to be transferred to OT Account $3449.96 / INVOICE Columbia Heights Police Department Date: October 10, 2006 Invoice #: 2006-028 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police Officers for: September 2006 Fri. 9-01-06 1715-1930 Ok 2.25hrs. Mon.* 9-04-06 0900-1500 Ni 6hrs. (Prem) Sat. 9-09-06 1530-1930 Sc 4 hrs. Tue. 9-12-06 1630-1930 Ok 3 hrs. Sat. 9-16-06 1530-1930 Sc 4 hrs. €J Sat. 9-23-06 1330-1600 Bo 2.5 hrs. Sat. 9-30-06 1145-1545 Bo 4 hrs BILLING INFORMATION Number of Officers: 7 Hours: 19.75 6.00 (Premium rate) 2006 OT Wage is $50.00 hr. * Holiday Premium Rate is $66.66 hr. Total Due: $1387.46 7{' 0' ( ~ Make checks payable to the City of Columbia Heights. ~ Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MillStreetNE.ColumbiaHeights.MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: -!$ C/' 1387 -- Date: r.Pc.'~Oc; Nash Sales, Inc. iNVOICE NO COMMENT .) 2006-028 AMOUNT 1,387.46 011751 DISCOUNT NET AMOUNT .00 1,387.46 ECK: 011751 10/23/06 City of Columbia Heights CHK TOTAL: 1,387.46 :,~ .... ~ '. ._~::.;'_:'-~',:':: -,; ;:' ," Nash Sales;'"c. . 3080,Cel1terville Ad .... . . little Canada;MN55117 (651.) 773-,8077 ;,C:',_ ~':;<:'..~~ . ",,;.:-::,,:",' *ONE THOUSAND THREE'HUNDRED EIGHTY SEVEN DOLLARS AND 46 CENTS DATE .' ..AMOUNT 10/23/06 *****1,387.46* City of Columbia H~ights City of Col. Hgts Police 559 Mill Street NE Columbia Heights fi .HE. ~DER ~// -g " ~ s ~ ! ~ If ~ ~ '" Dept MN 55421 II' 0 . . ? 5 . II' I: 0 Ii baa a a 2 51: Ii ? Ii 50... Ii II' '- 11 ~ INVOICE Columbia Heights Police Department Date: September 18,2006 Invoice #: 2006-026 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Work Phone: 528-4601 Request for: School Dance 1 Police Officer for: c. (!J-rP 9~,(~/o~ "7 'fer '7 ctJ ' 2.. 09-08-06 2145-2400 (2.25hrs) 1- Officer- Piehn BILLING INFORMATION Number of Officers: 1 Hours: 2.25 OT Billing Wage is $50;00 per hour. Total Due: $112.50 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department, 559 Mill StreetNE, ColumbiaHeights.MN 55421 ( >,--- FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: -~ ~ (IZ.~ Date: t'O./~rClf , ISD NO. 13 VENDOR NUMBER VENDOR I~AME 08350 - 0 : CITY OF COLUMBIA HEIGHTS CHECI< DATE 10/12/06 CHECK NO. 00127449 /" DATE INVOICE NUM8EfI DESCRIPTION P.O. NUM[l[R AMOUNT - " 10{10{06 2006-026 112.50 10/10/06 2006-027 312.50 " PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTl\L ^MOlJNT P^IO 425.00 , THIS CHECK HAS A COLORE a OK OUND BACK liAS F I.. PATTE N N SEC;:U ITV. TE MARK INDEPENDENT SCHOOL DistRICT NO. 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 75-1592 [!S3bahk... .. 303 Third Slreel Northwest Easl Grand Forks, MN 56721 CHECK bATE 10/12/06 CHECK NO. 127449 912 CHECK AMOUNT PAY; *******425 Dollars ob Cents $425.00 CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, IVIN 55421 118 I. 2 7 ~ ~ g 118 I: 0 g 1. 2 I. 5 g 2 7 I: I. 5 2 I. 0 0 0 0 7 b 2 :l1l8 ....... ~ f INVOICE Columbia Heights Police Department Date: September 18,2006 Invoice #: 2006-027 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Work Phone: 528-4601 ) Request for: Police Officer for: Football Games (September 2006) 09-01-06 1830-2130 (3hrs) 1 Officer- Markham 09-08-06 1830-2145 (3.25hrs) 1- Officer- Piehn nJt#-- ~ tjc{9 I CD Ol'Z, 1 v't(P 0 n . J Il ~f~ I' BILLING INFORMATION Number of Officers: 2 Hours: 6.25 or Billing Wage is $50.00 per hour. Total Due: $312.50 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department, 559 MillStreetNE,ColumbiaHeights, MN 55421 )' FOR DEPARTMENTAL USE ONLY Off Duty: Officer(s) on Duty: ftp1. fft Date: Amount Received: /0/16/06 I " \,.. , ISO NO. 13 VENDOR NUMBER VENDOR NAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS CHECK DATE 10/12/06 CHECK NO. 00127449 DATE INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUNT 10/10/06 2006 026 112.50 /10/10/06 2006-027 312.50 PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 425.00 , . co "'". THIS OHECK' HAS A COLORED SA i !KGROUND BACK HAS FULL PATTERN AND SECURITY WATERMARK 0 , .:;:: ::" :.:.::~: -;:::::;::. ':::f .; ;'.;:";"::';-:- "'\:i.\. ::'(",:::' .:t~:::;-; . .:::::;:.\: ;i.f:i.:~: ::.i.::./.: }~;:::;/:.;.../:it::('..:-:...::.;:;::': "','INDEPENDENTSCHOOL DISTFUCTNO. ~lanlC;,..i 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 '::::'::. .:::." .... ". .... -."'" "-. -..... ...... .. ....,-::.- .....-.. CHE2KDATE 10/12/06 303 Third Street Northwest East Grand Forks, MN 56721 127449 . ........ 7'5~15!l2 OROEROFi CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPlillTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 [",rliIJ..... ... .,..,.:...".... ,. ....!ill.l................ en~, ... ............ .~. ......... .......... .:j.j:ni~;~:;:~. ;: ...:,..J';::.... ',"f"':'. :::....;:j:lm):j;jlImm 'h\ ....,......,...:i!j:.j!~!;.............. :.: .:;. ..... :'y;;. .~,::}'. '.. ..::..~'~:: ~;:~r~~!:j[~........i(...... II- . 2 ? ... ... ~ II- I: 011 . 2 . 5 ~ 2 ? I: . 5 2 .0000 ? b 2 j II- '" ? Date: INVOICE Columbia Heights Police Department October 10,2006 Invoice #: Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Request for: 1 Homecoming Dance 2006-029 Work Phone: 528-4601 Police Officer for: 10-06-06 2145-2345 (2hrs) 1- Officer- Okerstrom '" /lJi) ~ Number of Officers: BILLING INFORMATION 1 Hours: OT Billing Wage is $50.00 per hour. Total Due: 2 $100.00 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department, 559 MilIStreetNE,ColumbiaHeights,MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY S- t:!:)lI::> /Do - . Off Duty: Date: 1(- ZJfo "'-Ob ;. VENDOR NUMBER VENDOR NAME 08350 - 0 : CITY OF COLUMBIA HEIGHTS CHECK DATE 11/02/06 CHECK NO. 00127683 DATE INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUNT 10731706 2006-029 100.00 , /G /. V C2/CD, 3.("":;0 ( 0/1 de:Jy L-{~~' CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 100.00 lAID TO: II. I~D~pgN6~~.~..:~e~ooL DI~i~i~;~o. "'~..~':.:..(:(.............,.. 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 -= /1.......<1:1:::(-'1:. :':.",,'fltoI'l"":l :l'~:':.te{:(ej;:{'III~I' ._ .. .....', ........ .'';..'. .'., '., ;';';:';", .:.'. ,.... ..:....:-; ", ;.;." <" ~.. i{.....:. (,..i..i...?.................} ...ani....... - -c<-- _ ' ~__ _:.;: '-;; ~ - , -~ ..... ORDEROFr 303 Third Street Northwest East Grand Forks. MN 56721 ,', -....'..'..., ..... ..... . .",'n .",_. ........91Z....;.. .. .. 1511S9i CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 fl!!_lif:~;; . . . . ".- . . '.. . .. . . ........ . ... . ... .... };;:;;~;~ii[~ ...... '.. .;:~.;.~:: ....~:'.,:~)t};':}X ... ...". ::):,:::,;:..,:.:,::t{: . ::i::::::-.;..,:.:.,."..,';';::<,::" :;:;::,:,,_,:> :,"";-,. ", 1/1 . 2 ? b 8 :1111 I: 0 Ci . 2 . 5 Ci 2 ? I: . 5 2 . 0 0 DO? b 2 :1111 ~ INVOICE Columbia Heights Police Department Date: October 10, 2006 Invoice #: 2006-030 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Attn: Betty Thomas Work Phone: 528-4601 Request for: 1 Police Officer for: 10-06-06 1830-2200 (3.5 hrs) 10-06-06 1830-2145 (3.25hrs) 1- Officer- Bonesteel 1- Officer- Okerstrom Homecoming Football Game BILLING INFORMATION Number of Officers: 2 Hours: 6.75 OT Billing Wage is $50.00 per hour. Total Due: $337.50 Make checks payable to the ACity of Columbia Heights@, Please mail payment to: City of Columbia Heights Police Department, 559 MillStreetNE,ColumbiaHeights,MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY .$ 337.s:2 Off Duty: Amount Received: Date: @f2.-d- (Z7g33 ('/;3/0 ~r- -rJ;J D NU. 13 v t::f'lUUn l'IUIVIOCn v Cl'"uur, 1'l""'-iVIr:: 08350 - 0 : CITY OF COLu~IA HEIGHTS DATc= 11/07/06 11/07/06 PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLu~B:A HEIGHTS, MN 55421 DESCRIPTION 11/09/06 P.O. NUMBER TOTAL AMOUNT PAID 00127833 AMOUNT 337.50 1,200.00 1,537.50 ,~"~: :::-~~:~-~~ ~'~:'~:t INDEPENDENT SCHOOL DISTRICT NO. 13 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 PAY; ......*....1,537 lars 50 Cents. TOTHE ORDER OF: CITY OF COLu~BIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLm4BIA HE I Gh7S, j~ 55421 [!Ijtiarik. 303 Third Street Northwest East Grand Forks. MN 56721 11/09/06 _'._-: '.~:,<::'-"~1:<:" -.-~ "~_;:- 75.1592 CHECK NO. 127833 912 CHECK AMOUNT $1,537,50 III ~ 2 7 B ? ? III I: 0 9 l. 2 l. 5 9 2 7 I: . 5 2 .0 0 0 0 7 b 2 ? III INVOICE Columbia Heights Police Department Date: October 13, 2006 Invoice #: 2006-031 Customer Name: Independent School District #13 Address: 1440 49th Ave NE, Col. Hgts. MN 55421' Home Phone: Work Phone: v) (Afternoon School Security Detail - September 2006) Attn: Finance Department Request for: 1 Police Officer for: Afternoon School Detail Week 1- Sept. 5-8 3days x 1.5hrs @ OT Rate $225.00 (No officer 917) Week 2- Sept. 11-15 4days x 1.5hrs @ OT Rate $300.00 (No officer 9/14) Week 3- Sept. 18-22 5days x 1.5hrs @ OT Rate $375.00 Week 4- Sept. 25-29 4days x l.5hrs @ OT Rate $300.00 (9/27 No Officer ?) Total: $1200.00 BILLING INFORMATION Number of Officers: 16 Hours: 24 *2006 OT Wage Rate is $50.00 per hour. Total Due: $1200.00 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department, 559 Mill StreetNE,ColumbiaHeights, MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: eL a:- (Z,7 c;j 3;5 Amount Received: :% .- -I2-c.O - Date: If. (J~Ob ;U NU. l;j VC1"lUVn !\lMI"I!:: vnC:vT\ UM.1 C. \In.c::vr\. I\lV. 08350 - 0 : CITY OF COLUMBIA HEIGHTS 11/09/06 00127833 DATE INVOICE NUMBER DESCRIPTION P.O. NUMBER AMOUNT 11/07/06 2006-030 337.50 11/07/06 2006-031 /' 1,200.00 PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT PAID 1,537.50 ~"":;--;;: :.:~: ::~~ J~~ ._:=-::.,,: '~~ .,: I ~ ~ ~..J. ::t."; C:,~,...... ~ 11 ~ ~] l ~]:l ~.. ~..~, ~, lit .~~ ei, ~ ~~ 11 J ~I~. .., ':'.....," ...... '".'A" ",. . 'Cu, ...-...... ....... ..... .."..... ,": ....w . ,.. ...':'....,.>.,:...:.::::,; CHE:CKOA TE : :,:':::' :.-"":. ;.:. ::,...., ...... H',",_ .;_.", '.... . ,.....,.........,.. -.".... ;".- ...:.,.....- "'.'; .....;. ;.;....- :,::::;';::::- ..;:::;' '::::::\ ...... .,'..... .,. :"'<:';: ........;,>.. ::;:d;;.,.'_;::': .".. ",. ".i'bHECK"Nb. ~~~t-: ~.~~ ;-~,t-;:~~~ ..i.... .'I~ri~~Nd~~~~~HOOL DI~fa!~]~o. .1~~;; 1440-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 ...... "5"1592 '.. ;',',," ....-.. ... :'.'9'12'.'."... ORDER Of: CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE Ilii._il~frf"'i:.. .t.....,~.. . .f:,;Y.dti$C.~~...,.,.,~' ::i,~:~:~;t~i'~~: -':, ".' .. .:. .:.~':~:~~~-~:~::::_~~~:.~ '.;:>.:::,://::.: ..., ....-.. -' ...... ........... /'(")T.TiM"QT~ U'C'Tt':!'t..f'T'IC 'M'l..T ~r::A ,,")"l ----................. .............-......*''-'f ,r.'.u.-. ...l...l"'%~.J.. III 1 2 ? B j j III I: 0 '1 1 2 1 5 '1 2 ? I: 1 5 2 .0000 ? b 2 j III >! CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Consent s- ORIGINATING DEPARTMENT POLICE Thomas M. JohnsonilN Gary Gorman tlV' DATE November 20,2006 BY: ITEM: Extension of Police and Fire Service Contracts NO. With City of Hilltop BACKGROUND During the past several months, the Police and Fire Departments have been involved in discussions with the City of Hilltop reference continuation of the current contracts for Police and Fire service from the City of Columbia Heights. The current contracts and the proposed contract for each the Fire Department and the Police Department are attached to this letter. On the Police side, the contract is for three years-2007 through 2009. It includes a four (4) per cent increase in costs per year. On the Fire side, the contract is for three years-2007 through 2009. The contract is now very similar or identical in much of the language used by the Police Department. All dates, payment schedules and time frames are identical to the Police contract to avoid confusion. Section IX of the fire contract is language regarding insurance and liability. This section is identical to the Police contract and was not in the previous Fire contract. The formula used for compensations has not changed. The previous contract had the same price ($38,040.35) for all three years. This proposal includes a 25 per cent increase in the first year and an increase of 4 per cent in the second and third years. The past contract has worked well for both communities these past three years, and this new proposal will work just as well. It should also be noted that the payment dates for both contracts have been moved back to the beginning of the year and the middle of the year, instead of the middle of the year and the end of the year, on both the Fire and Police contracts. Because of this change, the City of HIlltop will have two payments due on December 31, 2006 and January 1, 2007. The City of Hilltop has asked for some relief from this, and the proposal is to give them until April 1, 2007 to make the first payment due in 2007. The rest of the payments would be due as noted in the contracts. ANALYSIS/CONCLUSION It is the recommendation of the City Manger, Fire Chief, and the Police Chief that we extend the Police and Fire Services Contract with the City of Hilltop through December 31, 2009, at the rates specified in the attached service contracts. RECOMMENDED MOTION: Move to authorize the Mayor and the City Manager to enter into a Police and Fire Service Contract with the City of Hilltop starting January 1, 2007, and extending through December 31, 2009 at the rates specified in each contract. TMJ:mld 06-201 COUNCIL ACTION: NEWQUIST & HERRICK LAw OFFICES, P.G. A PROFESSIONAL CORPORATION SUITE 301. FRIDLEY PLAZA OFFICE BUILDING 6401 UNIVERSITY AVENUE N.E. FRIDLEY. MINNESOTA 55432-4381 ATTORNEYS AT LAW CARL J. NEWQUIST GREGG V. HERRICK TELEPHONE 17631571-6870 FAX 17631 571-6884 LEGAL ASSISTANT PATRICIA A. PHILLIPS March 27, 2006 I Chief Thomas johnson Columbia Heights Police Department 559 Mill Street Northeast Columbia Heights, Minnesota 55421 Chief Gary Gorrnan Columbia Heights Fire Department 555 Mill Street Northeast Columbia Heights, Minnesota 55421 Re: Columbia Heights / Hilltop Public Safety Contracts Dear Chief Tom and Chief Gary: I want to get as early a start as possible in discussing renewal of our police, fire and emergency medical services contracts. Ruth and I will be happy to meet with you at your respective convenience to at least begin preliminary discussions. Please let me know your thoughts at your very earliest convenience. Thank you. CJ N/jz Current Contract 2004-2006 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF- COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR POLICE SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, heremafter referred to as "Hilltop;" WITNESSETH; WHEREAS, Columbia Heights presently has a Police Department; and, WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for police protection in Hilltop. SECTION III That Columbia Heights police officers shall investigate crimes, make arrests, charge criminal activity and issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time, and upon termination of this Agreement, shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTION IV That Hilltop shall, at the time of the authorization for the execution of this Agreement, adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below, to-wit: January 1, 2004, through December 31, 2004 January 1, 2005, through December 31, 2005 January 1, 2006, through December 31, 2006 $154,960.00 $161,158.00 $168,154.00 SECTION VII That the contract is for a term of three years beginning January 1, 2004, and ending December 31,2006. Either party may terminate this Agreement effective the anniversary date of January 1 only upon material breach by the other party of the terms of this agreement and only upon five months' written notic'e to the other party, except as follows; That Columbia Heights may terminate this Agreement upon forty-five (45) days written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and after December 31, respectively. Payments made thirty (30) days after July 31 and December 31, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation. Should substantial and material changes in conditions occur which are beyond the control of Columbia Heights such that performance by Columbia Heights becomes impossible, then this Agreement can be terminated by Columbia Heights upon five (5) months' written notice to Hilltop. SECTION v liI That Hilltop shall pay the contract compensation as follows: July 31,2004: December 31,2004: July 31,2005: December 31, 2005: July 31,2006: December 31,2006: $77,480.00 $77,480.00 $80,579.00 $80,579.00 $84,077.00 $84,077.00 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION IX That Hilltop shall pay the costs of court appearances of any police officers that are made as a part of their police duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said.court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within.forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. " 2 SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required by law. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (pIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover the contracrualliability opposed by this Agreement, including the rll-st policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon ninety (90) thirty (30) days' written notice to Hilltop. SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, .., .., pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et seq.. and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this /70 day of P e-.c- L.""," ~ ~-r .2003. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation and k~4/- Walter Fehst, City Manager Approved as to form: CITYOFIDLLTOP A Municipal Corporation By ~-l^~ rJy;'::t~ Jerry. urphy, May , and ~J7~ Ruth Nelsen, City Clerk " 4 Current Contract 2004-2006 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights", and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a Fire Department suitably equipped for fire fighting and emergency medical service; and WHEREAS, Hilltop has no adequate fire fighting equipment of its own, and desires to obtain the use or Coiumbia Heights equipment, and the services or its firefighters, instructors, inspectors and emergency medical responders for the properties and persons within the territorial limits of Hilltop, Anoka County, Minnesota. THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop fire fighting services and emergency medical services to the same extent as is afforded to residents and properties in the City of Columbia Heights by the Fire Department of Columbia Heights, including fire suppression, fire inspections, housing maintenance inspections program, rental property inspections program, fire inspection and education programs in schools, and emergency medical services, including all administrative and capital costs associated with said services. SECTION II That as and for compensation, Hilltop shall pay an annual flat fee to Columbia Heights for fire fighting and emergency medical services in the following amounts covering the periods corresponding thereto as follows: January 1, 2004 - December 31, 2004 January 1,2005 - December 31,2005 January 1, 2006 - December 31, 2006 $38,040.35 $38,040.35 $38,040.35 Said annual payment includes a service fee of $35,906.00 per year and an annual capital contribution for equipment in the amount of $2,134.35. SECTION '" Payment adjustments for following contract terms shall be based on per capita calculations based on the respective populations or Coiumbia Heights and Hiiitop, inciuding changes in populations, the Columbia Heights Fire Department budgets for 2007 for the prospective contract term of 2007 through 2009, and taking into account actual equipment purchases minus any state and federal grants, aids or contributions. Population figures for Hilltop and Columbia Heights shall be based on the then most recent population figures compiled by the Metropolitan Council. SECTION IV That where deemed necessary by statute or by law enforcement agencies, arson investigation services shall be rendered by Columbia Heights to Hilltop. Said services shall be rendered at a rate of Forty-Five and no/100 Dollars ($45.00) per hour, plus expenses -2- incurred by Columbia Heights for gathering and processing evidence. Columbia Heights shall notify Hilltop in advance should estimated arson investigation services and expenses exceed Five Hundred and no/100 Dollars ($500.00) per investigation. SECTION V That payments of the fees under the terms of this contract shall be due and payable by Hilltop to Columbia Heights as follows: July 31,2004: December 31,2004: July 31, 2005: December 31,2005: July 31,2006: December 31,2006: $19,028.18 $19,028.18 $19,028.18 $19,028.18 $19,028.18 $19,028.18 Arson investigation fees shall be due and payable by Hilltop to Columbia Heights within forty-five (45) days of receipt of invoicing by Columbia Heights for said investigation. SECTION VI That the operation of the equipment and the direction of its use at the scene of the fire, together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent). The question of fact in each instance as to whether or not the fire equipment and personnel of Columbia Heights are ready and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in command or agent. As a member of a mutual aid fire fighting pact, Columbia Heights may commit equipment of pact partner communities, as needed to fight fires in Hilltop, should Columbia Heights equipment be deemed unavailable by the Fire Chief, next in command or agent. In the event that the Fire Chief or next in command determines that Columbia Heights equipment to be insufficient to fight a fire or fires in -3- Hilltop, necessitating the need to commit equipment of a pact partner community, Hilltop agrees to pay an additional sum of Two Hundred and Seventy and no/100 Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payment to the pact partner community for the purpose of defraying the expense of that pact partner community incurred through responding to a Hilltop fire. SECTION VII That this Agreement contains the entire agreement of Columbia Heights and Hilltop and no representations, inducements, promises of any other agreements, oral or otherwise, not embodied herein, shall be of any force or effect. SECTION VIII That this Agreement is for a term of three (3) years beginning January 1, 2004, and shall remain in effect until December 31, 2006. Either party may terminate this Agreement frH" C"'I Ihc-+~nti~1 -:3inrf m-::st.o.ri~1 hro.~,..,.h r\.f thn +~rrY'\t""'O ,..."F thit""> ^ nrl""\nr'V'\^r"\.. 111"'\.1""\""'" t"'oi" fa\ 1"'V"to1"'\.r"\.f.h_' 'VI ~~=,.u".hJ"{.A.! H,g,,,-!,! UI!V !! tU bv! !Ut VI v{;AVI! VI U tv Lvi I !!~ VI lof II,,:) I\.~I vca ! Ivl 1\. Ut-'V!! viA \ V J I! IV! ! U ICt prior written notification to the other party. That Columbia Heights may terminate this Agreement upon sixty (60) days' written notice if the semi-annual fee required to be paid by Hilltop has not been received by Columbia Heights during normal business hours forty-five (45) days after July 31 and December 31. Further, should substantial and material changes in conditions occur which are beyond the control of the City of Columbia Heights such that performance becomes impossible, then this Agreement can be terminated upon six (6) months' written notice to Hilltop. -4- IN WITNESS WHEREOF, Columbia Heights and Hilltop have caused this Contract to be duly ratified by their respective Councils and executed pursuant thereto as of the day and year first above written. Dated this II '0 day of December, 2003. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation "-.. and ~~~ ;; / Walter Fehst, City Manager ..... CITY OF HILLTOP A Municipal Corporation Approved as to form: /1- /1 /1 / I r1 '/ By I ;;n~ JJ1 fM~ Jefry M phy,'Ma'yor/ I . and ltd;tiv 1~ Ruth Nelsen, City Clerk -5- Proposed Contract 2007-2009 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILL TOP FOR POLICE SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop;" WITNESSETH; WHEREAS, Columbia Heights presently has a Police Department; and, WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for nolice nrotection in - .... .L 11 Hilltop. SECTION III That Columbia Heights police officers shall investigate crimes, make arrests, charge criminal activity and issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time, and upon termination of this Agreement, shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTION IV That Hilltop shall, at the time of the authorization for the execution of this Agreement, adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop CounciL SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below, to-wit: January 1,2007, through December 31,2007 January 1, 2008, through December 31, 2008 January 1, 2009, through December 31,2009 $174,880.00 $181,875.00 $189,150.00 SECTION VII That the contract is for a term of three years beginning January 1, 2007, and ending December 31, 2009. Either party may terminate this Agreement effective the anniversary date of January 1 only upon material breach by the other party of the terms of this agreement and only upon five months' written notice to the other party, except as follows; That Columbia Heights may terminate this Agreement upon forty-five (45) days written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and after December 31, respectively. Payments made thirty (30) days after July 31 and December 31, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation. Should substantial and material changes in conditions occur which are beyond the control of either the City of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights or Hilltop upon five (5) months' written notice by either city. SRCTTON VIII That Hilltop shall pay the contract compensation as follows: January 1, 2007 July 1, 2007 January 1, 2008 July 1, 2008 January 1,2009 July 1, 2009 $87,440.00 $87,440.00 $90,937.50 $90,937.50 $94,575.00 $94,575.00 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION IX That Hilltop shall pay the costs of court appearances of any police officers that are made as a part of their police duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. 2 SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required by law. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon thirty (30) sixty (60) days' written notice to Hilltop. SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, 3 pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et seq., and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Date day of ,2006. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation By By Jim Hoeft, City Attorney For Columbia Heights Gary Peterson, Mayor and Walter Fehst, City Manager Approved as to form: CITY OF HILLTOP A Municipal Corporation By By Carl J. Newquist, City Attorney for Hilltop Jerry Murphy, Mayor and Ruth Nelsen, City Clerk 4 Proposed Contract 2007-2009 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILL TOP FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights", and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a Fire Department suitably equipped for fire fighting and emergency medical service; and WHEREAS, Hilltop has no adequate fire fighting equipment of its own, and desires to obtain the use of Columbia Heights equipment, and the services of its firefighters, instructors, inspectors and emergency medical responders for the properties and persons within the territorial limits of Hilltop, Anoka County, Minnesota. THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to HilltoD fire fiQ:htinQ: services ~mci emerlJenr.v mer1ir.::ll - .I. '-' '-' ~ - ~ ---~ ------0----..1 --------- services to the same extent as is afforded to residents and properties in the City of Columbia Heights by the Fire Department of Columbia Heights, including fire suppression, Minnesota State Fire Code inspections, fire education programs in schools, public education, and emergency medical services, including all administrative and capital costs associated with said services. SECTION II That as and for compensation, Hilltop shall pay to Columbia Heights for fire fighting and emergency medical services the following amounts covering the periods corresponding thereto as described below, to-wit: January 1, 2007 - December 31, 2007 January 1, 2008 - December 31, 2008 January 1, 2009 - December 31, 2009 $47,580.38 $49,391.38 $51,283.38 Said 2007 payment includes a service fee of $ 45,340.00. Said 2008 payment includes the 2007 service fee plus a 4% increase. Said 2009 payment includes the 2008 service fee plus a 4% increase. An annual capital contribution for equipment in the amount $2,244.38 is included each year. SECTION III That this Agreement is for a term of three (3) years beginning January 1, 2007, and shall remain in effect until December 31, 2009. Either party may terminate this Agreement for substantial and material breach of the terms of this Agreement upon five (5) months' prior written notification to the other party. That Columbia Heights may terminate this Agreement upon forty-five (45) days' written notice when any semi-annual fee required to be paid by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and December 31, respectively. Payments made thirty (30) days after July 31 and after December 31, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation. Further, should substantial and material changes in conditions occur which are beyond the control of either the City of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights upon five (5) months' written notice by either city. SECTION IV Payment adjustments for following contract terms shall be based on per capita calculations based on the respective populations of Columbia Heights and Hilltop, including changes in populations, the Columbia Heights Fire Department budgets for 2010 for the prospective contract term of201O through 2012, and taking into account actual equipment purchases minus any state and federal grants, aids or contributions. Population figures for Hilltop and Columbia Heights shall be based on the then most recent populations figures compiled by the Metropolitan Council. SECTION V That where deemed necessary by statute or by law enforcement agencies, arson investigation services shall be rendered by Columbia Heights to Hilltop. Said services shall be rendered at a rate of Forty-Five and nollOO Dollars ($45.00) per hour, plus expenses incurred by Columbia Heights for gathering and processing evidence. Columbia Heights shall notify Hilltop in advance should estimated arson investigation services and expenses exceed Fire Hundred and nolI 00 Dollars ($500.00) per investigation. That where deemed necessary by the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent), and emergency abatement for the health and safety of residents or to secure property, said expenses shall be rendered at the actual costs of the emergency abatement. SECTION VI That payments ofthe fees under the terms of this contract shall be due and payable by Hilltop to Columbia Heights as follows: January 1, 2007: July 1, 2007: January 1, 2008: July1,2008: January 1, 2009: July 1, 2009: $23,792.19 $23,792.19 $24,695.69 $24,695.69 $25,641,69 $25,641.69 Arson investigation and emergency abatement fees shall be due and payable by Hilltop to Columbia Heights within thirty (30) days of receipt of invoicing by Columbia Heights for said investigation or emergency abatement. Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION VII That the operation of the equipment and the direction of its use at the scene of the fire, together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia Heights (if the chiefis present, otherwise the next in command or agent). The question of fact in each instance as to whether or not the fire equipment and personnel of Columbia Heights are ready and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in command or agent. As a member of a mutual aid fire fighting pact, Columbia Heights may commit equipment of pact partner communities, as needed to fight fires in Hilltop, should Columbia Heights equipment be deemed unavailable by the Fire Chief, next in command or agent. In the event that the Fire Chief or next in command determines that Columbia Heights equipment to be insufficient to fight a fire or fires in Hilltop, necessitating the need to commit equipment of a pact partner community, Hilltop agrees to pay an additional sum of Two Hundred and Seventy and no/lOO Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payments to the pact partner community for the purpose of defraying the expense of that pact partner community incurred through responding to a Hilltop fire. SECTION VIII That this Agreement contains the entire alZreement of Columbia HeiQhts and Hillton and no - - ~..L . -~. --- representations, inducements, promises of any other agreements, oral or otherwise, not embodied herein, shall be of any force or effect. SECTION IX That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of firefighting, emergency medical, and inspection services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION X Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon sixty (60) days' written notice to Hilltop. IN WITNESS WHEREOF, Columbia Heights and Hilltop have caused this Contract to be duly ratified by their respective Councils and executed pursuant thereto as of the day and year first above written. Dated this day of Approved as to form: By Jim Hoeft, City Attorney For Columbia Heights Approved as to form: By Carl J. Newquist, City Attorney for Hilltop CITY OF COLUMBIA HEIGHTS A Municipal Corporation By Gary Peterson, Mayor and Walter Fehst, City Manager CITY OF HILLTOP A Municipal Corporation By Jerry Murphy, Mayor and Ruth Nelsen, City Clerk CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Consent NO. ITEM: Authorize Animal Pound Contract with Camden Pet Hospital for period of February 1, 2007 to February 1,2010 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE November 2, 20 NO. BACKGROUND In April 200 1, the City of Columbia Heights entered into a contract with Camden Pet Hospital to act as our impounding agent for domesticated animals. This carne about because the Anoka County Humane Society had financial problems and closed its doors. The Humane Society did reopen, but it no longer contracts with cities to act as their impounding agent. For the past three years, we have had an excellent working relationship with Camden Pet Hospital. Dr. Cynthia Fetzer is proposing another three-year contract with what I believe are modest increases for the term ofthe contract. Dr. Fetzer is proposing a $25 increase in administrative fees. She is also proposing a $2 per day increase for impounds of dogs and cats.. Lastly, she is proposing a $5 increase for the cost of euthanasia/burial. These fees would remain the same then for the three years of the contract. I have looked at contracts that other cities have and have attached a matrix of the costs that are charged by their providers. Any of these other resources would require a longer trip for us to take the animal to the impound and a longer trip for our citizens to get their animal back. Also, Dr. Fetzer's costs seem very reasonable as compared to the other contractors. ANAL YSIS/CONCLUSION The Columbia Heights Police Department recommends that the City Council approve the attached contract with Camden Pet Hospital to serve as our impound agent for the next three years. RECOMMENDED MOTION: Move to authorize the Mayor and the City Manager to enter into a three-year contract with Camden Pet Hospital as stipulated in the attached contract for the period of February 1, 2007 to February 1,2010. TMJ:mld 06-191 Attachment COUNCIL ACTION: ANIMAL POUND CONTRACT CITY OF COLUMBIA HEIGHTS FEBRUARY 1,2007 TO FEBRUARY 1,2010 This agreement made by and between the City of Columbia Heights municipal corporation (hereinafter called the City), and Cynthia A. Fetzer P A, DBA as Camden Pet Hospital, a professional corporation (hereinafter referred to as the Poundkeeper): For and in consideration of the covenants and agreements herein contained, the parties agree as follows: WHEREAS, the City is desirous of contracting with the Poundkeeper for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the City Ordinance by officials of the City; and WHEREAS, the Poundkeeper has and warrants herein that it has good and sufficient facilities to perform said functions adequately and humanely for the City: NOW THEREFORE, the parties hereto agree as follows: 1. That the Poundkeeper shall receive from agents or officials of the City and shall keep, feed, board, and shelter all dogs and cats entrusted to the Poundkeeper by the City in a humane manner and pursuant to the ordinances of the City and/or any applicable statutes of the State of Minnesota relating to animals. 2. If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in accordance with M.S.A. 35.71, Subdivision 3. In the event the Poundkeeper has knowledge of a party other than the owner who is willing to give the animal a new home, the animal may be released after the five-day holding period; all boarding charges to be paid by the City. The Poundkeeper shall, not withstanding the aforesaid, in instances where an animal has bitten a human, keep the animal for the ten (10) day period required under statute for observation purposes to determine whether the animal is diseased. In the event any owner shall make claim to the animal within the period specified aforesaid, the animal shall be released by the Poundkeeper upon being provided an executed form for such purpose by the City. If the Poundkeeper has received specific instructions to continue to hold the animal for a longer period of time, the City shall be responsible for the continuing charges thereon until the hold has been released by the City. In the event the animal is delivered to the Poundkeeper dead on arrival, the Poundkeeper shall dispose of the carcass of said animal. In the event that an animal is disposed of by euthanasia, the Poundkeeper shall likewise dispose of the carcass of said animal. Animal Pound Contract, February 1, 2007 to February 1, 2010 3. The Poundkeeper shall keep accurate records of all transactions involving animals he receives that have originated through the City pursuant to this Agreement and shall furnish monthly statements and accounts, including setting forth the disposition of the animals he has received from the City. 4. The Poundkeeper shall at no time receive any fees in connection with the licensing, impounding, board, care, keep or shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundkeeper pursuant to this Agreement shall be paid by the City directly to the Poundkeeper after the Poundkeeper has billed and furnished the necessary monthly statements to the City. 6. The Poundkeeper shall be paid based upon the following fee schedule: A. The City shall pay the Poundkeeper $350.00 per month as an administrative fee; B. The Poundkeeper shall be paid $19.00 per day for cats and $21/day for dogs for each day or part of a day which the Poundkeeper keeps an impounded animal; C. The Poundkeeper shall be paid $25.00 for the disposal of the carcass of each animal that he receives in a "dead on arrival" condition; D. The Poundkeeper shall he paid $50,00 for the disposition of each live animal at the discretion of the Poundkeeper (this includes the disposal charge if applicable). 7. The Poundkeeper shall keep the pound open during regular business hours that shall coincide with the hours of the City offices. Release at times other than regular clinic hours and at a mutually agreeable time between Poundkeeper and owner of the pet can be arranged. 8. The pound shall be open at all reasonable times for inspection by the City through its agents or employees. 9. The Poundkeeper shall be responsible for all damages or harm suffered by the animal under its care and in its custody that may be due to the negligence or deliberate acts of the Poundkeeper. The Poundkeeper shall save the City harmless for any damages, costs, actions, or causes of actions, or claims made against the City for any harm, losses, damage, or expenses on account of bodily injury, disease or death, and property damage resulting from the Poundkeeper's negligence. To accomplish this, the Poundkeeper shall keep in full force and effect comprehensive general liability insurance in an amount of not less than 2 Animal Pound Contract, February 1,2007 to February 1, 2010 $100,000.00 for each incident and $300,000.00 for a combination of incidents to safeguard and indemnify the City for any of the occurrences mentioned aforesaid. Such insurance policy must be filed with the City Clerk. 10. It is agreed and understood that the Poundkeeper shall abide by all the laws of the State of Minnesota and the City of Columbia Heights; and if for some reason said laws become in conflict with each other or the terms of this Agreement, the Poundkeeper shall, in writing, notify the City of the said conflict so that this Agreement may be modified to conform with the said laws. 11. This Agreement shall be in full force and effect as of February 1,2007, for three years following, provided, however, that the same may be terminated by the agreement of both parties hereto or by either party upon giving six (6) months written notice of its intention to terminate this Agreement. CITY OF COLUMBIA HEIGHTS BY: Mayor DATE: BY: City Manager DATE: CAMDEN PET HOSPITAL BY: DATE: 3 CAMDEN PET HOSPITAL October 31, 2006 Thomas M. Johnson Chief of Police Columbia Heights Police Department 559 Mill StreetN.E. Columbia Heights, MN 55421 Dear Chief Johnson. We can continue our contract with the City of Columbia Heights for another 3 years with the foliowing price adjustments: Impound Dog $21.00/day Impound Cat $19.00/day Monthly administration fee $350.00 The administration fee includes paperwork, physical examinations by the doctor, medical treatments as necessary, and cost oflabor. Euthanasia/Burial Fee $50.00 This fee either entails euthanasia and burial, or staff time in placing those animals which are deemed adoptable. That may include taking the animals to the Animal Humane Society, contacting various rescue groups, and other means we determine to be able to adopt as many of these animals as we can. Please contact me if you need further information, or have any questions or concerns. We look forward to continuing our excellent working relationship with the City of Columbia Heights. Sincerely, DVM 1401 44:hrAvenue North · Minneapolis, Minnesota 55412 'i'.!' 612-522-4374. Fax 588-2200 COMP ARA TIVE COSTS OF ANIMAL IMPOUND PROVIDERS Blaine 2006 New Brighton Fridley 2002 Spring Lake Park Proposed Animal Control Brighton Brighton Vet P.D., Animal 2004-2007 2007-2010 Services Inc., Veterinary Hospital, New Control Services, Camden Camden White Bear Lake Clinic, New Brighton, MN White Bear Lake Brighton, MN Administrative $325.00 $350.00 $42.00/animal $650/month $1,200/month $80.00/callout Fees Impound dog $19/day $21.00/day $ 16.25/day $ 14/day $12/day $30.25/day Impound cat $17/day $19.00/day $16.25/dav $l1/day $lO/day $30.25/day Quarantine fee -- -- $5.00/dav -- -- -- Euthanasialburial $45.00 $50.00 -- -- -- Cat $21.00 fee Dog $23.00 Euthanasia Cat -- -- $20.00 -- -- -- Dog -- -- $22.00 -- Transportation fee We We transport 7:00 a.m. to 10:00 -- -- -- transport p.m. $76.00 10:00 p.m. to 7:00 a.m. $90.00 Vet service fee -- -- -- -- -- -- Flea dip -- -- -- -- -- -- Fee to owner -- -- $12.00 -- -- $42.00 when they pick up the animal. GREATER ANOKA COUNTY HUMANE SOCIETY ACTUAL COSTS DURING LAST YEAR OF CONTRACT, 2000 No. Of Animals No. Of Animals Impound Cost of Actual Cost Animal Year Picked Up Claimed or Fees Service Violation Placed Collected Ta2:s Issued 2000 108 33 All fees were $11,024.80 $11 ,024.80 9 tags collected by the Humane Society CAMDEN PET HOSPITAL CONTRACT 2001-2006 No. Of No. Of Impound Cost of Actual Cost Animal Year Animals Animals Fees Service Violation Picked Up Claimed or Collected Tags Issued Placed 2001 86 36 $799.00 $10,879.00 $10,080.00 22 tags 2002 92 59 $391.00 $12,379.00 $11,988.00 19 taQ:s 2003 85 43 $1,226.00 $11,649.00 $10,423.00 32 tags 2004 107 54 $1,311.50 $14,292.00 $12,980.50 49 tags 2005 102 52 $1,419.00 $12,733.00 $11,314.00 41 tags , 73 2006 through Oct. 35 $304 $10,122.00 $9,818.00 32 tags ANIMAL CONTROL COST CAMDEN PET HOSPITAL 2006 ANIMALS * # OF ANIMALS CLAIMED OR ADOPTED AMOUNT OF BILL January 3 1 $536.00 February 7 4 $1,061.00 March 9 6 $767.00 April 5 3 $739.00 May 5 2 $1,055.00 June 9 5 $1,101.00 July 12 6 $1,634.00 August 9 6 $1,308.00 September 5 2 $753.00 {\~+~t..~_ (") r. m't '1....-n ^^ , V~LVUCl :7 V .J>l,lOO.UU November December TOTAL * Total live and dead animal ** Minimum amount per contract OFFICE RECEIPTS 2006 MONTHLY BREAKDOWN ADMIN ADMIN MONTHS REPORTS TAGS OTHER FEES IMPOUND TOTALS January $290.75 $1,655.00 $0.00 $705.00 $114.00 $2,764.75 February $74.75 $1,040.00 $0.00 $540.00 $95.00 $1,749.75 March $357.50 $2,825.00 $0.00 $780.00 $361.00 $4,323.50 April $42.25 $645.00 $0.00 $405.00 $19.00 $1,111.25 May $205.50 $1,060.00 $83.07 $630.00 $209.00 $2,187.57 June $147.75 $1,530.00 $0.00 $570.00 $114.00 $2,361.75 July $266.75 $1,455.00 $0.00 $585.00 $266.00 $2,572.75 August $99.25 $1,250.00 $0.00 $735.00 $38.00 $2,122.25 September $228.50 $845.00 $170.02 $675.00 $57.00 $1,975.52 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $1,713.00 $12,305.00 $253.09 $5,625.00 $1,273.00 $21,169.09 ANIMAL CONTROL COST CAMDEN PET HOSPITAL 2005 ANIMALS * # OF ANIMALS CLAIMED OR ADOPTED AMOUNT OF BILL January 10 7 $1,267.00 1 $92.00 February 6 2 $976.00 March 7 2 588.00 April 5 1 $450.00 May 7 4 $1,136.00 June 18 14 $2,248.00 July 12 5 $1,245.00 August 11 4 $1,241.00 <;:pntprrl hPr 10 3 <tQQQ ()() ~-t"_H'~_' , 41UUU.VV October 5 3 $812.00 November 3 2 $680.00 December 7 5 $1,110.00 TOTAL 102 52 $12,733.00 * Total live and dead animal ** Minimum amount per contract ADMIN ADMIN MONTHS REPORTS TAGS OTHER FEES IMPOUND TOTALS January $245.00 $320.00 $20.00 $495.00 $133.00 $1,213.00 February $229.00 $830.00 $10.00 $465.00 $57.00 $1,591.00 March $420.00 $445.00 $0.00 $600.00 $38.00 $1,503.00 April $645.00 $145.00 $0.00 $330.00 $38.00 $1,158.00 May $400.50 $185.00 $14.00 $690.00 $130.00 $1,419.50 June $559.75 $270.00 $40.00 $720.00 $114.00 $1,703.75 July $497.25 $185.00 $0.00 $510.00 $300.00 $1,492.25 August $107.25 $200.00 $42.00 $660.00 $202.00 $1,211.25 September $189.23 $75.00 $0.00 $645.00 $114.00 $1,023.23 October $240.00 $0.00 $0.00 $600.00 $161.00 $1,001.00 November $166.50 $1,220.00 $10.00 $345.00 $57.00 $1,798.50 December $99.50 $1,065.00 $0.00 $630.00 $75.00 $1,869.50 TnTAI~ et") '70Q OQ etA OAn nn It.. ")t: nn Itt: t:on nn It.. .11..0 nn It.. t: OQ") OQ II! ~ II! ~....'" .~,! ~Vfll""'V 'I'-r,W'....V=vv ~!'I:oIV=vv ,.,v,v-wrv=vv 'Ii' I ,-r I i7=vv "l'.v,...v.JO....v C'.. (!~ ANIMAL CONTROL COST CAMDEN PET HOSPITAL 2004 ANIMALS * #OF~ALSCLAThJED OR ADOPTED AMOUNT OF BILL January 2 2 $865.00 February 17 8 $1,791.00 March 19 5 $2,213.00 April 11 6 $1,419.00 May 10 4 $1,142.00 June 8 6 $1 , 151. 00 July 4 2 $633.00 August 9 5 $1,241.00 September 9 7 $1,258.00 October 5 '1 l1''i'11 (\(\ , .., ...p/_'l..VV November 5 2 $743.00 December 8 5 $1,105.00 TOTAL 107 54 $14,292.00 * Total live and dead animal ** Minimum amount per contract OFFICE RECEIPTS 2004 MONTHLY BREAKDOWN ADMIN MONTHS REPORTS TAGS OTHER OPID IMPOUND TOTALS January $225.00 $325.00 $0.00 $0.00 $0.00 . $550.00 February $460.00 $700.00 $62.00 $0.00 $51.00 $1,273.00 March $225.00 $833.00 $65.77 $0.00 $92.50 $1,216.27 April $302.01 $175.00 $4.00 $0.00 $325.00 $806.01 May $176.00 $25.00 $77.75 $0.00 $138.00 $416.75 June $420.00 $60.00 $0.00 $0.00 $119.00 $599.00 July $250.00 $25.00 $0.00 $0.00 $85.00 $360.00 August $330.00 $0.00 $0.00 $0.00 $34.00 $364.00 September $375.00 $0.00 $0.00 $0.00 $145.00 $520.00 October $300.00 $50.00 $10.00 $0.00 $85.00 $445.00 November $230.00 $825.00 $20.00 $0.00 $104.00 $1,179.00 December $513.00 $660.00 $10.00 $0.00 $133.00 $1,316.00 TOTAlS $3,806.01 $3,678.00 $249.52 $0.00 $1,311.50 $9,045.03 ANIMAL CONTROL COST CAMDEN PET HOSPITAL 2003 ANIMALS * # OF ANIMALS CLAIMED OR ADOPTED AMOUNT OF BILL January 5 4 $814.00 February 2 2 $530.00 March 5 4 $541.00 April 5 2 $581.00 May 6 1 $598.00 June 1 1 $405.00 July 14 7 $1,534.00 August 12 3 $1,516.00 September 15 7 $2,541.00 nl"'lof......h~..... 1 '1 L ltI'I A1r\AA '-''-d..VU\.I1. ~J U .:))1,,"+1V.VV November 7 6 $899.00 December 0 0 $280.00 TOTAL 85 43 $11,649.00 * Total live and dead animal ** Minimum amount per contract OFFICE RECEIPTS 2003 MONTHLY BREAKDOWN ADMIN GUN MONTHS REPORTS TAGS PERMITS OTHER OPID IMPOUND TOTALS January $340.00 $0.00 $10.00 $0.00 $0.00 $68.00 $418.00 February $264.00 $0.00 $0.00 $0.00 $0.00 $0.00 $264.00 March $269.00 $0.00 $20.00 $0.00 $0.00 $51.00 $340.00 April $212.00 $65.00 $10.00 $0.00 $0.00 $68.00 $355.00 May $225.00 $425.00 $0.00 $6.00 $0.00 $85.00 $741.00 June $240.00 $85.00 $0.00 $8.00 $0.00 $0.00 $333.00 July $424.00 $0.00 $0.00 $12.00 $0.00 $319.00 $755.00 August $255.25 $69.00 $0.00 $0.00 $0.00 $210.00 $534.25 September $225.00 $210.00 $0.00 $24.00 $0.00 $68.00 $527.00 October $397.00 $215.00 $0.00 $0.00 $0.00 $306.00 $918.00 November $145.00 $505.00 $0.00 $0.00 $0.00 $51.00 $701.00 December $350.00 $550.00 $0.00 $0.00 $0.00 $0.00 $900.00 TOTALS $3,346.25 $2,124.00 $40.00 $50.00 $0.00 $1,226.00 $6,786.25 AL'ITMAL CONTROL COST CAMDEN PET HOSPITAL 2002 ANIMALS * # OF ANI1v1ALS CLAIMED AMOUNT OF BILL January 7 1 $964.00 February 5 5 $689.00 March 12 5 $1,564.00 April 10 8 51,115.00 May 12 9 51,456.00 June '"' 0 5439.00 .) July '"' $439.00 .) August 13 8 $1,381.00 September 9 6 $1,081.00 October 5 4 $1,14Y.00 November 6 6 51,047.00 December 7 6 51.055.00 92 59 $12,379.00 Total Total live and dead animals * Tota11ive and dead animals ** Minimum Amount per contract OFFICE RECEIPTS 2002 MONTHLY BREAKDOWN GUN MONTHS REPORTS OTHER PERMITS PHOTOS OP 10 IMPOUND TOTALS January $350.00 $0.00 $0.00 $0.00 $0.00 $34.00 $384.00 February $245.50 $0.00 $10.00 $0.00 $0.00 $34.00 $289.50 March $205.00 $0.00 $0.00 $0.00 $0.00 $0.00 $205.00 April $409.00 $0.00 $20.00 $0.00 $0.00 $51.00 $480.00 May $292.00 $0.00 $10.00 $0.00 $0.00 $51 .00 $353.00 June $255.00 $0.00 $40.00 $0.00 $0.00 $17.00 $312.00 July $299.00 $0.00 $20.00 $0.00 $0.00 $17.00 $336.00 August $318.00 $5.00 $30.00 $0.00 $0.00 $51 .00 $404.00 September $479.00 $0.00 $0.00 $0.00 $0.00 $51.00 $530.00 October $297.00 $0.00 $0.00 $0.00 $0.00 $34.00 $331.00 November $406.50 $0.00 $30.00 $0.00 $0.00 $51.00 $487.50 December $145.00 $6.00 $10.00 $0.00 $0.00 $0.00 $161.00 TOTALS $3,701.00 $11.00 $170.00 $0.00 $0.00 $391.00 $4,273.00 ANTh1AL CONTROL COST CAMDEN PET HOSPITAL 2001 ANTh1ALS * # OF ANTh1ALS CLAIMED AMOUNT OF BILL January and February 6 5 $922.00 March 7 3 $705.00 April 7 4 $774.00 May 14 4 $1,674.00 June 11 1 $1,490.00 July 4 2 $564.00 August 10 4 $1,007.00 C::f'ntf'm hf'r 6 3 <l' 77 /1 nn _ -r- __u____ ..v I! ".vv October 11 5 $1,115.00 November 8 '" 5 1.523.00 .) December ~ ~ 5331.00 Total 86 36 510,879.00 Total live and dead animals ** Minimum Amount per contract MONTHS REPORTS OTHER GUN PERMITS PHOTOS OPID IMPOUND CAT TOTALS January $275.00 $0.00 $10 00 $0.00 $0.00 $0.00 $0.00 $285.00 February $21800 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $218.00 March $244.00 $25.00 $1000 $0.00 $0.00 $17.00 $0.00 $296.00 April $23900 $000 $000 $000 $000 $119.00 $0.00 $358.00 May $303.00 $10.00 $10 00 $0.00 $000 $187.00 $0.00 $510.00 June $254.00 $000 $5000 $0.00 $0.00 $255.00 $0.00 $559.00 July $260.00 $0.00 $0.00 $0.00 $000 $17.00 $0.00 $277 .00 August $295.00 $2500 $10.00 $000 $000 $51.00 $0.00 $381.00 September $120.00 $8520 $0.00 $0.00 $0.00 $6800 $0.00 $273.20 October $407.50 $96.70 $20 00 $0.00 $000 $68.00 $000 $592.20 November $220.00 $000 $1000 $000 $000 $0.00 $0.00 $230.00 December $18000 $33.00 $20 00 $000 $000 $17.00 $0.00 $250.00 TOTALS $3,015.50 $274.90 $140.00 $0.00 $0.00 $799.00 $0.00 $4,229.40 AJ."ill.1AL CONTROL COST GREATER ANOKA COUNTY HUMANE SOCIETY 2000 AJ.'\JTIv1ALS * # OF AJ.'\JTIv1ALS CLAIMED AJ.\10UNT OF BILL January (12/17-31/99) 4 '1 $500.00 .:... February (12/16/99-2/14/00) 6 2 $509.11 March (2/18-3/4/00) 5 '" $500.00 .) April (3/15-4/12/00) 11 '" 51,075.82 .) May (5/4-5/10/00) 11 7 5527.43 June (5/17-5/31/00) 8 '" 5700.80 .) July (6/21-7/3/00) 10 '" 5955.56 .) August (7/5-8/3/00) 9 '" 5772.55 .) September (8/11-9/8/00) 8 '" $784.56 .) October (9/8-9/29/00) 8 $961.68 November (10/5-11/7/00) 11 2 S 1 A02.45 December (10//29-12/3/00) 11 0 $1,568.00 Final Bill (10/13-1/7/01) Total 108 "'''' 11,024.80 .).) Total live and dead animals ** Minimum .Amount per contract ~ALPOUNDCONTRACT CITY OF COLUMBIA HEIGHTS FEBRUARY 1,2004 TO FEBRUARY 1,2007 This agreement made by and between the City of Columbia Heights municipal corporation (hereinafter called the City), and Cynthia A. Fetzer P A, DBA as Camden Pet Hospital, a professional corporation (hereinafter referred to as the Poundkeeper): For and in consideration of the covenants and agreements herein contained, the parties agree as follows: WHEREAS, the City is desirous of contracting with the Poundkeeper for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the City Ordinance by officials of the City; and WHEREAS, the Poundkeeper has and warrants herein that it has good and sufficient facilities to perform said functions adequately and humanely for the City: NOW THEREFORE, the parties hereto agree as follows: 1. That the Poundkeeper shall receive from agents or officials of the City and shall keep, feed, board, and shelter all dogs and cats entrusted to the Poundkeeper by the City in a humane manner and pursuant to the ordinances of the City and/or any applicable statutes of the State of Minnesota relating to animals. 2. If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in accordance with M.S.A. 35.71, Subdivision 3. In the event the Poundkeeper has knowledge of a party other than the owner who is willing to give the animal a new home, the animal may be released after the five-day holding period; all boarding charges to be paid by the City. The Poundkeeper shall, not withstanding the aforesaid, in instances where an animal has bitten a human, keep the animal for the ten (10) day period required under statute for observation purposes to determine whether the animal is diseased. In the event any owner shall make claim to the animal within the period specified aforesaid, the animal shall be released by the Poundkeeper upon being provided an executed form for such purpose by the City. If the Poundkeeper has received specific instructions to continue to hold the animal for a longer period of time, the City shall be responsible for the continuing charges thereon until the hold has been released by the City. In the event the animal is delivered to the Poundkeeper dead on arrival, the Poundkeeper shall dispose of the carcass of said animal. In the event that an animal is disposed of by euthanasia, the Poundkeeper shall likewise dispose of the carcass of said animal. Animal Pound Contract, February 1,2004 to February 1,2007 3. The Poundkeeper shall keep accurate records of all transactions involving animals he receives that have originated through the City pursuant to this Agreement and shall furnish monthly statements and accounts, including setting forth the disposition of the animals he has received from the City. 4. The Poundkeeper shall at no time receive any fees in connection with the licensing, impounding, board, care, keep or shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundkeeper pursuant to this Agreement shall be paid by the City directly to the Poundkeeper after the Poundkeeper has billed and furnished the necessary monthly statements to the City. 6. The Poundkeeper shall be paid based upon the following fee schedule: A. The City shall pay the Poundkeeper $280.00 $325.00 per month as an administrative fee; B. The Poundkeeper shall be paid $17.00 per day for cats and $19/day for dogs for each day or part of a day which the Poundkeeper keeps an impounded animal; C. The Poundkeeper shall be paid $25.00 for the disposal of the carcass of each animal that he receives in a "dead on arrival" condition; D. The Poundkeeper shall be paid $40.00 $45.00 for the disposition of each live animal at the discretion of the Poundkeeper (this includes the disposal charge if applicable). 7. The Poundkeeper shall keep the pound open during regular business hours that shall coincide with the hours of the City offices. Release at times other than regular clinic hours and at a mutually agreeable time between Poundkeeper and owner of the pet can be arranged. 8. The pound shall be open at all reasonable times for inspection by the City through its agents or employees. 9. The Poundkeeper shall be responsible for all damages or harm suffered by the animal under its care and in its custody that may be due to the negligence or deliberate acts ofthe Poundkeeper. The Poundkeeper shall save the City harmless for any damages, costs, actions, or causes of actions, or claims made against the City for any harm, losses, damage, or expenses on account of bodily injury, disease or death, and property damage resulting from the Poundkeeper's negligence. To accomplish this, the Poundkeeper shall keep in full force and effect comprehensive general liability insurance in an amount of not less than 2 Animal Pound Contract, February 1, 2004 to February 1, 2007 $100,000.00 for each incident and $300,000.00 for a combination of incidents to safeguard and indemnify the City for any of the occurrences mentioned aforesaid. Such insurance policy must be filed with the City Clerk. 10. It is agreed and understood that the Poundkeeper shall abide by all the laws of the State of Minnesota and the City of Columbia Heights; and if for some reason said laws become in conflict with each other or the terms of this Agreement, the Poundkeeper shall, in writing, notify the City of the said conflict so that this Agreement may be modified to conform with the said laws. 11. This Agreement shall be in full force and effect as of April 1, 2001, for three years following, provided, however, that the same may be terminated by the agreement of both parties hereto or by either party upon giving six (6) months written notice of its intention to terminate this Agreement. CITY OF COLUMBIA HEIGHTS BY: Mayor DATE: BY: City Manager DATE: CAMDEN PET HOSPITAL BY: DATE: 3 CV CAMDEN PET HOSPITAL December 12, 2003 Thomas M. Johnson Chief of Police Columbia Heights Police Department 559 Mill Street N.E. Columbia Heights, MN 55421 Dear Chief Johnson. We can continue our contract with the City of Columbia Heights for another 3 years with the following price adjustments: Impound Dog $19.00/day Impound Cat $17.00/day Monthly administration fee $325.00 The administration fee includes paperwork, physical examinations by the doctor, medical treatments as necessary, and cost oflabor. EuthanasiaIBurial Fee $45.00 This fee either entails euthanasia and burial, or staff time in placing those animals which are deemed adoptable. That may include taking the animals to the Animal Humane Society, contacting various rescue groups, and other means we determine to be able to adopt as many of these animals as we can. Please contact me if you need further information, or have any questions or concerns. We look forward to continue our excellent working relationship with the City of Columbia Heights. Sincerely, d!,b;~ c :JJo~ Cynthia Fetzer, DVM ~t:. C~C\ n. \\:- ~- o 1401 44th Avenue North · Minneapolis, Minnesota 55412 612-522-4374 · Fax 588-2200 ~_, i_ ,;...; .... ,;,.'t" '" 1 LUVj { ,;.) CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Consent NO. ITEM: NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE November 21, 2006 Authorize participation in the Worthless Check Program with Financial Crimes Services BACKGROUND The Columbia Heights Police Department has been approached by Scott Adkisson of Financial Services to handle our worthless check incidents in the city. This program provides an alternative to criminal prosecution of individuals who issue worthless check( s) to merchants and businesses. The program will make the attempts on behalf ofthe merchant or business to collect the restitution owed by a person who has issued a worthless check. If restitution is not obtained, the background information needed for prosecution will be done by Financial Crimes Services and then turned over to the Columbia Heights Police Department in order to criminally prosecute the offender. ANAL YSIS/CONCL USION The Columbia Heights Police Department receives hundreds of worthless check cases each year. These cases are time consuming and resource draining. We had the City Attorney, who prosecutes these cases, look at the Worthless Check Program offered by Financial Crimes Services and he feels this would be an excellent alternative allowed by State law to handle these cases. This program would also be beneficial to our local businesses in that there is no cost to them and the chances of recovery of their money is greatly enhanced. RECOMMENDED MOTION: Move to authorize the City Manager and the Chief of Police to enter into a contract with Financial Crimes Services for the Worthless Check Program. TMJ:mld 06-204 COUNCIL ACTION: WORTHLESS CHECK PROGRAM AGREEMENT FOR THE CITY OF COLUMBIA HEIGHTS, MN 1. Contractual A!!reement - This Agreement is made and entered into this 27th day of November, 2006, by and between the City of Columbia Heights, State of Minnesota, and Financial Crimes Services ("FCS" hereafter), of 406 Main Street Suite 200, Red Wing, Minnesota 55066-2398. 2. Purpose - The purpose of this Agreement shall be to implement a Worthless Check Diversion Program (statute 628.69) for the City of Columbia Heights. This program provides an alternative to criminal prosecution of individuals who issue worthless check(s) to merchants and businesses. The program will assist the Columbia Heights Police Department and other law enforcement agencies in obtaining records to assist in the investigation and prosecution of individuals issuing worthless checks. This program will provide that the victim is paid full restitution from the offender who has issued the worthless check along with financial training for the first-time offender. First-time offenders who participate in this program will be diverted (also known as Pre-Trial Diversion Program) from prosecution. FCS will assist the City Attorney and Victims in obtaining full restitution for victims of non-sufficient funds (NSF) checks and account closed (Ae) checks. FCS is responsible for managing pertinent case files and conducting financial education classes for first time offenders. 3. Contract Terms - This Agreement shall be in force for a period of three (3) years, beginning upon the date of city approval. Termination provisions of this Agreement are provided in sections 9 and 11. 4. Definitions: A. Victim - the business or person who accepted a dishonored check for goods or services and suffered the financial loss. The victim must be in good standing with the City of Columbia Heights licensing Department. B. Offender - the individual who has enrolled in the Worthless Check Program voluntarily or has been ordered by the Court to complete the Worthless Check or other diversion programs. C. Restitution Recovery Dollar recovery of face value (or written amount) of a dishonored check(s), property damage, as well as administrative fees, civil penalties, bank fees as Appropriate and law enforcement costs. D. Financial Education Class Fees The fees associated with the training classes the offender attends as part of their restitution Agreement. Worthless checks $ 85.00 5. Citv Support - The following is needed for the implementation of the program: A. City Attorney and Police designees will assist FCS in organizing and implementing the restitution program with courts and law enforcement personnel. The designee will also provide guidance in publicizing the program to the business community. B. City Attorney and Police designees will conduct as needed meetings with key FCS staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. City Attorney and Police Department shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. D. Police designee shall support FCS in reviewing checks received in the program daily that are posted on the web site. 6. Performance Af!reement - FCS agrees to provide the following professional services to the City of Columbia Heights in a timely and efficient manner. FCS will provide the following level of administrative services and offender education classes: A. Perform daily operations and management of all clerical and accounting functions related to offenders ofNSF checks to be included in the Columbia Heights Worthless Check Program. B. Perform daily operations and management of all clerical and accounting functions related to offenders of Property Crimes C. Generation of demand notices to worthless check writers, and follow through with respect to the collection and disbursement of victim restitution, administrative fees, and FCS education training class fees. D. Provide necessary correspondence and follow-up telephone inquiries to victims and offenders. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. for a period of no more than six (6) years. F. Provide voluntary (unless mandated by state statutes) worthless check offender financial management education classes. G. Conduct classes designed to teach and provide meaningful information and lessons to offenders on criminal consequences of Property Crimes. as well as focus on personal management. H. Scheduling of all classes. The training will require 6 hours of class time. Sessions will be held in the City of Columbia Heights and lor surrounding cities. These training sessions may be jointly held with other metro communities. Class size to not exceed 30 attendees. 1. Maintain records of offenders making restitution, payment of fees, attendance records of offenders completing as well as failing to attend the training session. 1. Maintain records of payment to the victims and City of Columbia Heights fees on a monthly basis. K. Provide reports to the City of Columbia Heights; annual, quarterly, monthly financial revenues, completed offender classes, and related reports as required by the City and law enforcement. L. Offenders who refuse to enroll into the program or fail to complete the program will be reported. 2 7. Prof!ram Operational Fees/Revenue: 1. Victim A. The victim will be reimbursed any money recovered from the offender. 2. Check Diversion will be governed by B. Minnesota Statutes, section 604.113 subdivision 2, paragraph ( a) allows for the collection of a service charge on dishonored checks with a not to exceed value of$30.00. C. Minnesota Statute 609.535 D. The fee for offenders to attend the educational class will be $85.00. This fee will be retained by FCS to conduct these classes. This class may be waived by FCS, provided that the offender pays the face value and civil penalty within Fourteen (14) working days. E. A fee of $20.00 will be assessed to an offender who fails to appear at education class and has to re-schedu1e for the class. This fee will be assessed each time the offender has to re- schedule. This may occur up to three (3) times before referring the offender to the Police as failing to appear. 8. Non-Compete - During the term of this agreement the City shall not establish a competing worthless check program or any other similar program. This condition shall not app1v to any programs existing prior to the date of this Agreement. 9-:- Af!reement Date - This Agreement shall remain in effect from ,2009. , 2006, to 10. City has no financial liability - It is understood and agreed by and between the parties that FCS any subcontractor will bear all financial liability for all aspects of its operations under this Agreement. 11. Termination of this af!reement: _A.. Tltis ~A~greement !!lay be terlTlinated at any time by either party upon 30 days \vritten notice to FCS or the authorized agent of the City. This Agreement may be terminated by FCS upon 30 days written notice to the authorized agent of the City if FCS determines that it cannot conduct or administer the Worthless Check program because program-related income does not equal program costs. F. This Agreement may be immediately terminated by the City at any time if the City determines that FCS, (see section 16 of this Agreement) is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 12. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 13. No City Oblif!ation to Merchants - FCS and victims who partIcIpate in this program fully understand that the Worthless Check Program is providing a public service and the City of Columbia Heights is held harmless and has no liability to make recovery of any check(s) or obligated to take criminal action against offender(s). 14. Criminal Action - The City Attorneys Office for the City of Columbia Heights may choose to prosecute offender(s) at its sole discretion. 3 15. Hold Harmless and Indemnification: A. FCS shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of FCS and its employees and agents, in the performance of this Agreement. B. The City shall save and protect, hold harmless, indemnify and defend FCS its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from or resulting directly or indirectly from any willful acts or omissions of the City, its employees and agents, in the Performance of this Agreement. 16. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. FCS shall at all times remain as independent contractor with respect to the services to be provided under this Agreement. B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance and workers' compensation insurance for any and all ofFCS employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly FCS responsibility. 17. Subcontractor - FCS shall neither subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the City. FCS shall ensure and require that the subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of FCS used to perform any portion of this Agreement shall report to and bill FCS directly. FCS shall be solely responsible for the breach, performance, or nonperformance of any subcontractor. 18. Data Practice - FCS agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. The FCS will immediately report to the department head signing this agreement any request from a third party for information relating to this agreement. FCS agrees to hold the City, its officers, department head and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 19. Compliance with the Law - FCS agrees to abide by the requirements and regulations of The American with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), and Title VII of the Civil Rights Act of 1964. Violation of any of the above can lead to the termination of this Agreement. 20. Entire AJ!reement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provision contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 4 21. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non-disruptive procedures, may inspect FCS records at anytime. 22. Notice - Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: City of Columbia Heights 559 Mill Street NE Columbia Heights, MN 55421 Att: Chief Johnson FCS 406 Main Street Suite 200 Red Wing, MN 55066-2398 Att: Scott Adkisson 23. Insurance - FCS agrees to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provision that follow: A. Workers Compensation: Workers Compensation insurance in compliance with all applicable statutes. B. Auto Insurance - Owned and unowned C. General Liability: "Cornmercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence", rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground Hazards shall not be included. Such a policy shall name the city as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply excess of FCS insurance and not contributed therewith. FCS agrees to maintain Products-Complete Operations coverage on a continuing basis for period of at least two years after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $1,000,000 (one million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal injury and Advertising injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional Insured thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limited stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. 5 D. Professional Liability: Professional or ...::Error & Omissionsg Liability Insurance in the amount of at least $1,000,000, Each Occurrence (or "Wrongful Act" or equivalent) and if applicable, Aggregate, covering FCS Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. FCS Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is however, acknowledged and agreed by the FCS that under claims-made coverage changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. FCS therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result: and further, that it will exercise it's right under any Extended Reporting Period" ("tail coverage") or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. FCS further agrees that it will, throughout the entire period of 3 years keep required coverage and for an additional period of two (2) years following completion of this agreement, immediately: (a) Advise the City of any intended or pending change in Professional Liability inures or in policy forms, and provided the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remain available for the protection of the City. THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the date first written above Financial Crimes Services City of Columbia Heights By (Scott Adkisson - President) By (City Manager} Attested (Chief of Police) 6 Cities and Counties agreements MN Cities Counties Albert Lea Carver Apple Valley Chippewa Becker Chisago Bird Island Dodge Blooming Prairie Freeborn Breitung Township Hubbard Brooklyn Park Isanti Brownton Kanabec Buffalo Lake Lake Cambridge Mahnomen Chanhassen Mcleod Chisholm Meeker Cloquet Mille Lacs Cottage Grove Morrison Crystal Olmsted Dilworth Penninaton Duluth Pine Edina Polk Elk River Renville Eveleth Rice Fairfax Sibley Faribault St. Louis Farmington Steele Fergus Falls Cook Floodwood Wabasha Forest Lake Yellow Medicine Franklin Washington Glencoe Grant Hastings Hermantown Hibbing Hoffman Hopkins Isanti Kasson Lakeville Le Center Lester Prairie COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 27,2006 ITEM: Adopt Resolution No. 2006-247 Renewal of Joint Powers Agreement & Values First/SACCC Coordinator Services NO: BY: Walt Fehst DATE: November 20, 2006 CITY MANAGERS APPROV AL BY: DATE: AGENDA SECTION: NO: ORIGINATING DEPARTMENT: CITY MANAGER Background: Attached is a request to renew the Joint Powers Agreement and Values First/Southern Anoka County Consortium (SACCC) Coordinator Services for fiscal year 2007-2008. The cost to Columbia Heights for each year is $5,782. The effectiveness and accountability of this organization has improved greatly with Barb Warren as its part-time coordinator. I would recommend that we continue with this coordinated effort. Recommendation: Staff recommends the renewal of the Joint Powers Agreement with the Southern Anoka County ,Community Consortium and the payment of the annual fees for FV 2007-2008. Recommended Motion: Move to waive the reading of Resolution No. 2006-247, there being ample copies available to the public. Move to adopt Resolution No. 2006-247, to extend the term of the Southern Anoka County Community ConsOliium Joint Powers Agreement for payment ofthe annual fees for FY 2007 and 2008. COUNCIL ACTION: RESOLUTION NO. 2006-247 EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, in June of 1985, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, and the Cities of Columbia Heights, Fridley, and Hilltop and Independent School Districts #13 and #14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public and private community partnership, and to develop and find programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation upon which to operate. NOW, THEREFOR, BE IT RESOLVED that the City of Columbia Heights supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortium Joint Powers Agreement until December 31, 2008, unless earlier terminated or extended under the terms hereof. Dated this day of 2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary COUNTY OF ANOKA OFFICE OF COUNTY ADMINISTRATION GOVERNMENT CENTER 2100 3RD AVENUE, ANOKA, MINNESOTA 55303-2265 (763) 323-5700 October 10, 2006 TIM Y ANTOS Deputy County Administrator Direct #763-323-5692 MEMO TO: Commissioner Jim Kordiak Nancy Kaldor, Superintendent, Columbia Heights Ind. School District #13 Walter Fehst, City Manager, City of Columbia Heights Mark A. Robertson, Superintendent, Fridley Ind. School District #14 Dr. William W. Bums, Manager, City of Fridley Ruth Nelsen, City Clerk, City of Hilltop FROM: Tim Yantos, Deputy County Administrator SUBJECT: Renewal of Joint Powers Agreement, Values First, and SACC Coordinator Services for 2007-2008 At the October 4, 2006 meeting of the Southem Anoka County COiTJ111urtity Consortium (SACCC), the consortium addressed the subject that the participating SACC members consider renewing the current Joint Powers Agreement by extending the term to December 31,2008. According to Article 8 ofthe current Joint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of all the governing bodies of the parties hereto, prior to the expiration date of this agreement." I have attached a sample resolution you may wish to use to allow for this extension. Anoka County is expected to continue financial support of SACCCN alues First through 2008 at the CUlTent 2006 level. Weare hoping that the cities and school will continue to support this effort at their existing 17-hour/week financial level. It is my understanding from the Values First Executive Committee that this would be acceptable to Barbara Tuccitto Warren and that Values First would make attempts to fund additional hours through grant requests. We understand the consortium recommends the 17-hour work week be divided between Values First and SACC, with approximately 12 hours per week for Values First and the remaining 5 hours per week for SACCC. We would recommend that this contract position be for 2 years; however, continued funding of the position would be addressed aIlliually by the consortium members. FAX: 763-323-5682 TDD/TTY: 763-323-5289 October 10, 2006 Page 2 The following table details a breakdown of member costs for 2007 and 2008 for the Values First/SACCC coordinator contract: 2007 $5,782 $5,782 $4,262 $4,262 $304 $7,500 $27,892 2008 $5,782 $5,782 $4,262 $4,262 $304 $7,500 $27,892 The consortium requests each member governing body take action on the approval of the extension for the Joint Powers Agreement and funding of the coordinator by December 1, 2006. Please address these matters with your governmental members and once approved, forward a signed copy of the Joint Powers Agreement to: Tim Yantos, Deputy Administrator Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303-2265 Should you have any questions regarding this matter, please do not hesitate to contact me at 763-323- 5692. TY lIb Enclosures (1) cc: Barbara Warren, SACCC Program Coordinator CITY COUNCIL LETTER Meeting of: 11/27/06 AGENDA SECTION: CONSENT AGENDA NO: 6-A-<1 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen ~ / DATE: 11/21/~ ITEM: SUMP PUMP DISCONNECT PROGRAM: RESOLUTION 2006-245 PROVIDING CONTINUATION OF FINANCIAL REIMBURSEMENT Background : Phase I (Jackson Pond Area & Chatham Road area) ofthe City of Columbia Heights Sump pump Disconnect Program started in November 2004, and Phase II (east of Reservoir Boulevard, south of 45th Avenue) started in November 2005. See attached map for Phase I and II boundaries. The end of 2005 inspected over 1900 properties inspected under this program. The inspections found 64 illegal cross-connections. The City experienced 90% active participation by residents for scheduling and 93% participation to eliminate detected cross connections. As of the end of 2005 $86, 113 was spent on total program costs over the two-year period. Of this, $22,923 was for reimbursements to property owners for eligible expenses. Phase III began in November 2006 and will concentrate in sanitary sewer district 2, which is that area between Reservoir Boulevard and University Avenue, south of 42nd A venue. There are approximately 1,000 properties in this area that has been typical of our annual program. Ordinance 1472 passed by the City Council on July 12,2004 provided a financial incentive of up to $500 per property for costs associated with sump pump disconnects. The incentive has an expiration date of December 3 15\ 2006. Of the 64 properties that were found to have illegal connections, over 80% of the disconnects were covered by the $500 incentive that the City offers. Analysis/Conclusions: Staff believes the use of the surcharge on utility bills for non-participation and the current $500 reimbursement offered to remove a cross-connection is a major contributor to the high participation level of Columbia Heights residents for this important program. It is also critical to continue our III removal efforts as 2007 is the first year of the Metropolitan Council III surcharge program (see attached MCES letter). The City of Columbia Heights has an $85,000/year surcharge imposed on it, which can be offset by costs the City incurs in III reduction efforts. Recommended Motion: Move to waive the Reading of Resolution No. 2006-245, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2006-245 that extends the $500 reimbursement program for the years 2007 and 2008 for the removal of illegal cross-connections to the sanitary sewer system. KH;jb Attachments COUNCIL ACTION: RESOLUTION NO. 2006-245 RESOLUTION PROVIDING CONTINUATION OF FINANCIAL REIMBURSEMENT FOR THE SUMP PUMP DISCONNECT PROGRAM WHEREAS, the City has adopted Ordinance 1472 which prohibits surface drainage connections and discharges into the City of Columbia Heights Sanitary Sewer System and, WHEREAS, the City has offered financial assistance in the form of a $500 reimbursement as an incentive to provide the necessary repair to illegal sump pump disconnects and, WHEREAS, for a 5-year period beginning in 2007, Columbia Heights will have an annual $85,000 III Surcharge as a result of annual peak exceedance events and, WHEREAS, such a financial incentive has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that financial reimbursement for the sump pump disconnect program be extended through December 31, 2008 and is hereby approved and adopted. Dated this 2ih day of November 2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ~ Metropolitan Council n July 13, 2006 Walter Fehst City Manager City of Columbia Heights 590 - 40th Ave. NE Columbia Heights, MN 55421-3835 RE: Preliminary Inflow/Infiltration (III) Surcharge for 2007 Dear Mr. Fehst: . This letter is to inform you that your community will have an III surcharge added to your 2007 municipal wastewater charge from MCES unless you take action in the next two months. You are receiving this letter because your community had at least one excessive III event in the measurement period (June 2004 - June 2006). The surcharge is based on the maximum event that was measured in each separately metered area of your community. The maximum excessive peak flow event for your community occurred on 9/4/05 & 6/17/06 and was 1.22 mgd. The Inflowllnfiltration Total Cost for your community (IITC) is estimated at $427,000 (based on $350,OOO/mgd). This cost is divided by 5 (years) to determine the preliminary 2007 III Surcharge of $85AOO. You have an opportunity to get this num ber adjusted or to apply credits against it, if you do so before September 15th. Details of the adjustments and credits, as well as the required documentation, are in the Surcharge Procedure Manual which we previously sent to you. The manual is also available in the III project area of the Council's web site at: http://\NINW.metrocouncil.orq/environment/Proiect T eams/l-I-Home.htm) Note that there is also a toolbox of information on III programs for communities and other information about the Council's III program at this web site. It your community does not apply for adjustments or credits by Sept. 15th, the final surcharge will be the preliminary surcharge stated above and will be billed beginning with the Municipal Wastewater Charge bill for January 2007service (sent out in mid-December). The final surcharge will be available as rebates to your community beginning in 2008. Rebates will be based on the qualified expenditures (see the Procedure Manual and examples in the III toolbox) made by the city or private parties within the city. Details of the rebate process are also available in the Procedure Manual. If you have questions regarding the basis of the excessive flow determination or other technical aspects of the III Surcharge Program, please call Kyle Colvin at 651-602-1151, if you have any financial questions please call me at 651-602-1196. Sincerely, c7--J.a#- Jason Willett MCES Finance Director cc:: Tony Pistilli, Metropolitan Council Member, District 2 Kyle Colvin, Principal Staff Engineer, MCES Engineering and Planning Group City Finance Officer www.metrocouncil.org 390 Robert Street North. St. Paul, MN 55101-1805 . (65l) 602-1000 . Fax (651) 602-1550 . TIY (651) 291-0904 An Equal Opoortunitu Emp[ouer ~ Metropolitan Council ~..... Environmental Services July 7, 2006 Walter Fehst Ci ty Manager City of Columbia Heights 590 - 40th Ave. NE Columbia Heights, MN 55421-3835 RE: Design Peak Flow Exceedance June 17,2006 Event Dear Mr. F ehst: The Metropolitan Council adopted an III Surcharge Program on February 8 2006, which places a surcharge on a community's municipal wastewater charge when a community exceeds their III Goal (maximum hourly discharge limit). An III Procedure Manual was adopted in May of2006 and was sent to your community immediately after its adoption. Copies ofthe III Surcharge Procedure Manual can be found on the Metropolitan Council's website at: www.metrocouncil.org along with a list of communities having an III surcharge. According to adopted procedures, the Metropolitan Council Environmental Services (MCES) will notify metropolitan communities served by the Metropolitan Disposal System (MDS), when flows generated within your community exceed the III goals for your community. The design parall1eters used by the 1vICES in the construction of the regional con'lcyance system \vas established as the III goal for each community. Attached is a copy of a flow chart for the subject event(s). Your community, either in part or in entirety, exceeded the III limit during these events. If you have any questions regarding the attached chart, the aforementioned manual, or data that the MCES may have regarding your communities flow discharges to the MDS, please don't hesitate to call me at (651) 602-1151. Sincerely, K ~lt\-G J < G)'-JU~_~"~' Kyl~. Colvin, PE Principal Staff Engineer, Engineering and Planning Group Enc1osure(s) C: Tony Pistilli, Metropolitan Council Representative, District 2 Bill Cook, Manager, Engineering and Planning Bill Moeller, Assistant General Manager, Interceptor Services www.metrocouncil.org 390 Robert Street North. St. Paul, MN 55101-1805 . (651) 602-1005 . Fax (651) 602-1477 . TrY (651) 291-0904 An EQual Qr:JDortunitu Emvlouer SUMP PUMP DIISCONNECT PROGRAM , ~ NGI\TN~n;l/ll} i ! " "-, """ \ PO~611T t1'l to \; i: to :; ',> ! ' , """~ ,I I ~ ~ , , , ~ ~ ~ i i "" ,~ mllUWlolld.lJ;l.lJJJ.!J,l,lU CITY OF COLUMBIA HEIGHTS Public Works Department ,.~ _ ~._- Legen-d-----l ' t , , , ! ' I ! I ~ I SumpPump04 0 ,"'.-::r: - ~I SumpPump05_0 , , " parcels Iii I .)TN _ District Boundary =."~~~rks ",,,,, , ~-W--. 'r!]'~, II me ~ I ~ , , CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL BY: NO: 10 ITEM: NO: Approval of rental housing licenses BY: Gary Gorman DATE: November 20, 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 November 27,2006. COUNCIL ACTION: Occupany 1.0. 30082 10182 12013 12031 20128 10048 20240 20248 12070 10108 30018 20266 10124 11/21/2006 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name First Select Equities Dimeji Alamutu Carlos Arcos-Martinez Thomas Brownrigg Daniel Busse Allan Butler Chris Cornelius Jonathan Greene Matthew Jennings Ben Kuchta Rose Lencowski Inez Miranda Charlie Vander-Linden Property Address 31544TH 3806 Gauvitte 5230 4TH 4008 CLEVELAND 621 51 ST 4308 6TH 1407 CIRCLE TERRACE 4540 Tyler 4851 5TH 3906 Tyler 23342ND 4258 2ND 961 37TH 12:02 Page 1 CITY COUNCIL LETTER Meeting of: November 27,2006 ITEM: License Agenda BY: Shelley Hanson CITY MANAGER APPROVAL DATE: AGENDA SECTION: NO: ORIGINATING DEPT.: License Department NO: DATE: Nov. 21, 2006 BY: BACKGROUND/ANAL YSIS Attached is the business license agenda for the November 27,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2007 as well as the following renewals of Business Licenses for 2007: Cigarette Sales, Liquor, Club Liquor, Temporary Beer, Wine/Beer, Pool Hall, and Games of Skill . At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infonnation cannot be released to the public. Tt.~I"l""'l\IIl'\.Jf'"'I"'7'''''T~T;''lT1t. l\tI"rl.r"T"T~l\.T~ ~LV1"~lYl,J::.rl"V'r....u lYIV. 1.Vl ~; Move to approve the items as listed on the business license agenda for November 27, 2006 as presented regarding the licenses for 2007. COUNCIL ACTION: TO CITY COUNCIL November 27,2006 * Signed Waiver Form Accompanied Application ****LICENSES FOR 2007**** GAMES OF SKILL POLICE *Mendota Valley Amusement 9177 E. Courthouse Blvd Mp1s For Buffalo Wild Wings and VFW *Jimmy's Pro Billiards 4040 Central Ave. Col. Hts POL POOL HALL *Jimmy's Pro Billiards 4040 Central Ave, Col. Hts. POL, F,BLDG,ZA LIQUOR LICENSE 4005 Central Ave 5085 Central Ave * Star Central *LaCasista Restaurant CLUB LIQUOR POL, F, BLDG,ZA *Columbia Hts. Lions Club 530 Mill St. POL,F,BLDG,ZA TEMPORARY BEER LICENSE *Columbia Hts Lions Club 530 Mill 81. For Jamboree. events June 20-24, 2007 CIGARETTE SALES POLICE * Star Central *Yafa Beach Inc. *Hot Market *Elshima Inc. 4005 Central Ave 4110 Central Ave 5011 University Ave 4921 Central Ave SECOND HAND DEALER POL, F, BLDG, ZA POL,F ,BLDG,ZA WINEIBEER LICENSE *LaCabema Bar & Grill 4952 Central Avenue, Col Hts *Puerta del Sol 3800 Central Avenue, Col Hts $225.00 $465.00 $100.00 $8,200 $6,700 $300 $500 $300 $300 $300 $300 $2,400 $2,400 BLDG CONTRACTOR'S LICENSES (2007) *Welsh Construction 7807 Creekridge Cir, Mpls $60 *Timco Construction 14700 28th Ave No. #40, Plymouth $60 *Ryan Companies 50 So. loth St #300, Mpls $60 *Ryland Homes 7599 Anagram Dr, Eden Prairie $60 *W.L Hall Co 530 15th Ave So. Hopkins $60 *Watson-Forsberg 1433 Utica Ave So #252, Mpls $60 *Wenzel Htg & AC 4131 Old Sibley Memorial Hwy $60 *Gilbert Mechanical 4451 W. 76th St, Edina $60 *Yale Mechanical 9649 Girard Ave So, Bloominton $60 *Standard Htg. & AC 410 W. Lake St, Mpls $60 *Riccar Htg & AC 2387 Station Pkwy, Andover $60 * Anderson Htg & AC 4347 Central Ave, Co!. Hts $60 *Upland Htg & AC 308 SW 15th St #25, Forest Lk $60 *Onsite Mechanical 8750 Hwy 7, St. Bonifacius $60 Centraire Htg 7 402 Washington Ave, Eden Prairie $60 Sharp Heating 7221 University Ave, Fridley $60 Cedar Mgmt. 999 50th Ave NE, Co!. Hts $60 *Golden Valley Hts 5182 W. Broadway, Crystal $60 *Market Mechanical 8701 Wyoming Ave No,Brk Pk $60 *Quality Refrigeration 6237 Penn Ave So, Richfield $60 *No. Country Concrete 7040 143rd Ave NW, Ramsey $60 *Olsen Fire Protection 321 Wilson St, Mpls $60 *MN PetlToleum 682 39th Ave, Co!. Hts $60 WellingtoJ? Window 3938 Meadowbrook Rd, St L. Pk $60 *Metro Plumbing 3333 Aldrich Ave, Anoka $60 *Tschida Bros Plumbing 1036 Front Ave, St Paul $60 *Steinkraus Plumbing 112 E. 5th St #101, Chaska $60 Nordquist Sign Co. 312 W. Lake St, Mpls $60 *Crosstown Signs 16307 Aberdeen St NE, Ham Lk $60 *Amtech Lighting 6077 Lake Elmo Ave No, Stillwater $60 *Northeast Tree Inc. 2527 Jackson St NE, Mpls $60 *Modem Roadways 1620 Winnetka Ave No. Golden Val $60 *Neeck Construction 3989 Central Ave, Co!. Hts $60 *Frattalone Co Inc 3205 Spruce St, Little Canada $60 *Centerpoint Energy 9320 Evergreen Blvd, Ste B, Coon Rapids $60 Genz Ryan 2200 W. Hwy 13, Bumsville $60 *LBP Mechanical 315 Royalston Ave No, Mpls $60 *The Davey Tree Expert 1500 N. Mantua St, Ken OH $60 H.P. Pipeworks 3670 Dodd Rd, Eagan, MN 55123 $60 *Hamlin Mechanical LLC 295 1ih St, Newport $60 . \ CITY OF COLUMBIA HEIGHTS Fn~ANCE DEPARTMENT COUNCIL MEETING OF: NOVt01Jbuv ZI, ~OO b I STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number \ I OJ 3d') <:t in the amount of$ \[~0/tg2. Qg' . through \1 qr; L{-b These checks have been examined and found to be legal charges against the CITY OF COLUtv1BIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 11/22/2006 08:55:33 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.......11/27/2006 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. . . . . . . . . . . . . . . . Source Codes... .......... Journal Entry Dates...... . Journal Entry Ids......... Check Number.............. thru thru thru thru 119398 thru 119546 thru thru thru thru thru thru thru thru proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . Voucher .................... Released Date........ ....... Cleared Date................ Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 11/22/2006 08 BANK VENDOR Check History 11/27/2006 COUNCIL LISTING CHECK NUMBER C;:TY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT AARP ABSOLUTE TITLE & ABSTRAC ALCOHOL & GAMBLING ENFOR ARCH WIRELESS/METROCALL ASSOC OF TRAINING OFFCRS CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE DEX MEDIA EAST LLC G & K SERVICES GENOSKY/JOSEPH GENUINE PARTS/NAPA AUTO GRAND RIOS WATER PARK RE GRIGGS-COOPER & CO HOHENSTEINS INC HUBBARD INVESTMENTS,LLC JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS MARK VII DIST. MARKHAM/MATTHEW MINNESOTA WINEGROWERS CO MN DEPT OF HEALTH NATIONAL WATERWORKS, INC NIGHTINGALE/TERENCE OFFICE DEPOT PETTY CASH - KAREN MOELL PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS QUALITY RESTORATION SERV QUALITY WINE & SPIRITS QWEST COMMUNICATIONS SPECIALTY WINES & BEVERA STAGES THEATER COMPANY VERBRUGGE/ROBERT WINE COMPANY/THE WINE MERCHANTS WORLD CLASS WINE XCEL ENERGY (N S P) CENTER POINT ENERGY COOKE CO/J P DAMEROW/LOREN & LOIS FSH COMMUNICATIONS, LLC GENUINE PARTS/NAPA AUTO HARVEY/ROBERT LEROLD/BEVERLY MOELLER/KAREN MPLS BMEU 119398 119399 119400 119401 119402 119403 119404 119405 119406 119407 119408 119409 119410 119411 119412 119413 119414 119415 119416 119417 119418 119419 119420 119421 119422 119423 119424 119425 119426 119427 119428 119429 119430 119431 119432 119433 119434 119435 119436 119437 119438 119439 119440 119441 119442 119443 119444 AMOUNT 180.00 517.89 60.00 27.16 400.00 :;,782.90 2,789.48 J.,095.50 294.50 43.87 235.40 38.13 100.00 50,551.86 Ll,248.20 82.26 2:;,922.60 2,621.91 27,642.78 168.15 155.20 23.00 3,156.60 29.85 131.86 126.80 182.37 402.60 8,413.31 28,946.94 116.09 599.00 50.00 89.00 J.,169.45 J.,542.85 J.,511.41 53.55 162.39 55.26 104.00 58.58 20.92 129.95 52.00 63.84 ":,600.00 ACS FINANCIAL SYSTEM 11/22/2006 08 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 11/27/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MUSCOVITZ/PATRICIA NEXTEL COMMUNICATIONS PETTY CASH CAROLE BLOW SAM'S CLUB SENSIBLE LAND USE COALIT THOMPSON/KYRSTEN UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA VERBRUGGE/MICHAEL WARREN HANSON ORGANIZATI WINDSCHITL/KEITH WODZIAK/LAWRENCE & MARGA XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS ACE HARDWARE ACME TYPEWRITER ADVANCE ALUMINUM SUPPLY ADVANCED GRAPHICS SYSTEM ALTO CONSULTING & TRAINI AMERICAN WATER WORKS ASS AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY - GOV'T CEN ANOKA COUNTY LIBRARY ATLAS AUTO BODY, INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BERGER/WILLIAM BERGMAN COMPANIES INC BIFF'S,INC. BONESTROO ROSENE ANDERLI BRODART CITY OF COON RAPIDS CITY OF ST PAUL COLUMBIA HEIGHTS I COMMISSIONER OF TRANSPOR CSC CREDIT SERVICES CURTIS 1000 DAHLGREN SHARD LOW & UBAN DALCO ROOFING & SHEET ME DEEP ROCK WATER COMPANY DEMCO, INC. DIAMOND VOGEL PAINTS DU ALL SERVICE CONTRACTO ELK RIVER FORD FAIRS NURSERY & LANDS CAP FIRE EQUIPMENT SPECIALTI 119445 119446 119447 119448 119449 119450 119451 119452 119453 119454 119455 119456 119457 119458 119459 119460 119461 119462 119463 119464 119465 119466 119467 119468 119469 119470 119471 119472 119473 119474 119475 119476 119477 119478 119479 119480 119481 119482 119483 119484 119485 119486 119487 119488 119489 119490 119491 37.83 360.05 835.00 332.15 32.00 105.06 150.00 300.00 79.99 300.00 68.88 104.00 4,318.80 151,584.42 38.38 105.00 6,379.00 148.99 720.00 460.00 42.53 12.00 454.12 375.69 301.60 1,728.07 22.47 169.00 2,497.05 751.78 2,660.00 200.18 2,587.08 120.00 90.10 55.00 125.00 478.13 2,702.50 300.00 60.55 552.51 340.80 3,742.86 41,376.00 1,700.00 729.99 ACS FINANCIAL SYSTEM 11/22/2006 08 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 11/27/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT G & K SERVICES GALE GROUP/THE GENERAL BOOK COVERS GENUINE PARTS/NAPA AUTO GIS RANGERS LLC GOVERNMENT FINANCE OFFIC GRAFIX SHOPPE, INC GRAPHICS MEDIA H & L MESABI HARRIS WAREHOUSE CANVAS HEIGHTS ELECTRIC INC. HOME DEPOT #2802 HOMELAND HEALTH SPECIALI HOTSY EQUIPMENT OF MINN INSTRUMENTAL RESEARCH IN J H LARSON ELECTRIC COMP LEAGUE OF MINNESOTA CITI MCCLELLAN SALES MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS FINANCE DEPT MINNESOTA DEPARTMENT OF MINNESOTA GREEN EXPO MN RURAL WATER ASSOC MURLOWSKI PROPERTIES INC MURZYN JR/DONALD J NORTHEASTER NORTHERN AIR NORTHERN WATER WORKS SUP OFFICE DEPOT ONVOY PEPSI-COLA-7 UP PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I QUALITY RESTORATION SERV RANDOM HOUSE, INC RAPIT PRINTING - NEW BRI RECORDED BOOKS ROYAL TIRE RYDBERG/SCOTT SBS I INC SCHINDLER ELEVATOR CORP STAR TRIBUNE STREICHER'S GUN'S INC/DO 119492 119493 119494 119495 119496 119497 119498 119499 119500 119501 119502 119503 119504 119505 119506 119507 119508 119509 119510 119511 119512 119513 119514 119515 119516 119517 119518 119519 119520 119521 119522 119523 119524 119525 119526 119527 119528 119529 119530 119531 119532 119533 119534 119535 119536 119537 119538 499.87 372.28 282.68 45.61 4,693.87 80.00 140.14 79.45 95.64 120.38 2,020.00 60.67 285.00 299.73 160.00 11 7.26 160.00 216.50 177.07 55.11 66,210.13 15.69 254,655.26 77,401. 85 10,134.00 210.00 205.00 75.00 35.00 291. 60 1,176.51 724.42 759.60 59.99 202.50 23.16 3,226.67 179.19 7.30 460.46 89.77 61.80 45.00 1,137.42 251.79 39.12 393.25 ACS FINANCIAL SYSTEM 11/22/2006 08 BANK VENDOR Check History 11/27/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT SUN PUBLICATION TEE'S PLUS TERMINIX INTERNATIONAL TULL BEARING TWIN CITIES TRANSPORT & VERIZON WIRELESS WW GRAINGER,INC ZEP MANUFACTURING COMPAN 119539 119540 119541 119542 119543 119544 119545 119546 257.42 2,835.23 632.28 16.90 31.95 100.09 65.43 126.87 836,482.88 *** ACS FINANCIAL SYSTEM 11/22/2006 08 BANK VENDOR REPORT TOTALS: Check History 11/27/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT 836,482.88 RECORDS PRINTED - 000534 ACS FINANCIAL SYSTEM 11/22/2006 08:55:36 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAP PAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 240 261 270 411 415 420 431 601 602 603 604 609 651 652 653 701 720 875 881 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE LIBRARY TWENTY-FIRST CENTURY GRANT DARE PROJECT CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING FISCAL AGENCY: GIS RANGER CONTRIBUTED PROJECTS-REC PAYROLL FUND FLEX BENEFIT FUND 18,315.78 564.89 4,139.13 7,439.30 150.00 2,835.23 6,379.00 259,996.33 2,278.64 41,376.00 93,618.18 67,758.73 1,200.00 60.39 159,499.15 8,479.83 1,078.73 2,660.00 1,282.15 873.98 4,693.87 219.15 146,126.70 5,457.72 836,482.88 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 836,482.88 836,482.88 CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: November 20, 2006 DATE: NO: 2006-244 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Victor Martinez regarding rental property at 4612 Jefferson Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-244, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-244, 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 Victor Martinez regarding rental property at 4612 Jefferson Street N.E. COUNCIL ACTION: RESOLUTION 2006-244 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 Victor Martinez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4612 Jefferson 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 November 8, 2006 of an public hearing to be held on November 27,2006. 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 September 28,2006, inspection office staff sent a letter requesting the new owner ofthe property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 8, 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: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4612 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 Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman BYit DATE: DATE: November 20, 2006 NO: 2006-246 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Thoj Va-Megn regarding rental property at 4656 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-246, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-246, 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 Thoj Va-Megn regarding rental property at 4656 Polk Street N.E. COUNCIL ACTION: RESOLUTION 2006-246 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Thoj Va-Megn (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4656 Polk 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 November 2, 2006 of an public hearing to be held on November 27,2006. 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 September 15,2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 2, 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: a. Failure to re-license the rental license for the property, failure to submit the application and the fees. b. Failure to schedule a license renewal inspection of the property. 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 F7387 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 CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: DATE: November 20, 2006 DATE: NO: 2006-249 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Sovereign Bank regarding property at 3828 Jackson 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. 2006-249, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-249, a resolution of the City Council of the City of Columbia Heights declaring the property at 3828 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-249 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 Sovereign Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3828 Jackson 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 certified mail to the owner of record on November 6, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 3, 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 November 6, 2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Scrape and paint overhead garage door. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3828 Jackson 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. 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 3828 Jackson 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 CITY COUNCIL LETTER Meeting of November 27,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: DATE: November 20, 2006 DATE: NO: 2006-250 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Carlos Mogrovejo regarding property at 1325 Pierce Terrace 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. 2006-250, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-250, a resolution of the City Council of the City of Columbia Heights declaring the property at 1325 Pierce Terrace N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-250 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 Carlos Mogrovejo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1325 Pierce Terrace 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 certified mail to the owner of record on October 13,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 6, 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 October 31,2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 20, 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. Sod bare areas of front yard. B. Shall remove the dead tree (tree stump) in the front yard to within 2-4 inches below ground level. 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 1325 Pierce Terrace 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. 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 1325 Pierce Terrace 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 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 27,2006 AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: l ORIGINATING DEP AR TMENT: Community Development CITY MANAGER'S APPROV AL ITEM: 2nd Reading: Ordinance 1519, Rezoning of a Portion of the Property at 2101 - 3 7th Ave. From GB to R-3. BY: Jeff Sargent, City Planner DATE: November 20, 2006 ~ BY: BACKGROUND The second reading of Ordinance 1519, a rezoning of the northern 2.4 7 acres of the property located at 2101- 3ih Avenue from GB, General Business to R-3, Multiple Family Residential, was scheduled to be heard at the November 27,2006 City Council meeting. In association with the rezoning ofthis property, the Comprehensive Plan for this area was amended to reflect the proper use of the subject land. In order for City Council to approve the second reading of Ordinance 1519 to rezone the property, the Comprehensive Plan Amendment must first be reviewed and approved by the Metropolitan Council. The Met Council has yet to receive the information regarding the Comprehensive Plan Amendment and has not yet approved such action. Therefore, the City Council may not approve the second reading for the rezoning ofthe subject property at this time. City Staff recommends that the Council continue the second reading of Ordinance 1519 to the December 11, 2006, City Council meeting. RECOMMENDED MOTION: Move to reschedule the second reading of Ordinance No. 1519 for Monday, December 11,2006 at approximately 7:00 p.m. in the City Council Chambers. Attachments: none COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: ITEMS FOR CONSIDERATION NO: 7-(-\ ITEM: AUTHORIZATION TO PURCHASE PROPERTY MEETING OF: NOVEMBER 27, 2006 ORIGINATING DEPT: CITY MANAGER LIQUOR APPROVAL BY: WILLIAM ELRITE/ LARRY SCOTT DATE: NOVEMBER 21, 2006 In the year 2000 staff approached the City Council with the concept of owning a liquor store rather than continuing to rent. Since that time there have been several discussions with the City Council and several alternatives have been reviewed. At this time staff is recommending the purchase of property on 3ih Avenue. The property would be approximately the front 1/3 of the old Apache Theater site at a cost of$11.00 per square foot. At this time the final platting of the site is not complete, so the exact number of square feet has not been finalized. Based on 46,000 square feet, the cost would be $506,000 plus the cost of site preparation. The proposed purchase agreement was drafted by Kennedy and Graven and among other items requires a duly executed Warranty Deed conveying to buyer marketable title to the subject property free of all encumbrances. This site is an excellent location for a liquor store as it provides good visibility on a high traffic street. Staff has prepared a Pro-forma showing the projections of owning versus renting. This Pro-forma has been review by Mark Ruff and Stacie Kvilvang of Ehlers and Associates. The Pro-forma shows funding for the project coming from a bond sale with the bonds being paid in full from revenue that is currently used for rent. It should be noted that the primary benefit of ownership is that eventually we will hold the property free and clear without ongoing rental fees. Attached is a letter from our landlord Robert Rappaport of Consolidated Investment Properties, verifYing our negotiations to renew the lease for the liquor store on 3 7th Avenue. The renewal rental rate would go from $4,597.06 to $8,358.33 per month. This is an increase of$45,135 per year. The letter further indicates that in 5 years there would be an additiona12S% increase to $10,447.92 per month. In summary, this is an excellent opportunity for the City to invest in property at a very reasonable price and a new building with an excellent location to ensure the long term viability and profitability of the liquor operation. This location will provide better visibility, access and parking than the current location. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a purchase agreement with Pratt Ordway Properties to purchase property at a cost of $11.00 per square foot plus the cost of site preparation, with funding coming from the Liquor fund and inter-fund loans until the bonds are sold. WE:sms 0611072Council Attachments: I COUNCIL ACTION: Note: The Pro-forma that was included in the 11-27 council packet had the 30% column labeled as 20%. This Pro-forma includes both a 20% and a 30% column. City of Columbia Heights Pro- fonna on the Relocation of Top Valu Liquor (37th Ave) Prepared 20-Nov-06 A II B II c II D Note 2: Building maintenance is projected at a minimum for the first 20 years. After the bonds are paid off a larger amount should be reserved each year for major repairs and renovation, such as roof and HVAC replacement, etc. Projected 2008 Owning 2,903,183 2,264,483 382,660 - 5,000 60,000 100,000 13,597 2,825,740 77,443 1,197 78,640 Based on land & building costs of 2,000,000 and increased sales of 10% Projected 2008 Owning 3,167,108 2,470,344 382,660 - 5,000 60,000 100,000 13,597 3,031,602 135,506 1,197 136,704 Based on land & building costs of 2,000,000 and increased sales of 20% Projected 2008 Owning 3,431,034 2,676,207 382,660 - 5,000 60,000 100,000 13,597 3,237,464 193,570 1,197 194,767 Based on land & building costs of 2,000,000 and increased sales of 30% Projected 2008 Current Location Sales - 1 Liquor, Beer, Wine, Other 2,639,257 Operating Expense 2 Cost of goods sold 2,058,621 3 Operating Expense 382,660 4 Rent & C.A.M. Expense 120,800 5 Building Maintenance 6 Bond Interest 7 Depreciation/Bond Principal 8 Equipment Depreciation 13,597 9 Total Expense 2,575,678 10 Net income from operations 63,579 Other income 1,197 11 Net Income 64,776 Note 1: Line 7 reflects depreciation/bond principal. On a cash basis of accounting we recognize the principal payment as an expense to the income statement. On an accrual basis of accounting depreciation of the building would be recognized. Note 3: This Pro-forma does not include building and land appreciation which will be an additional significant gain to the City. CONSOLIDATED IN\/ESTMENT PROPERTIES, C.I.F., Inc. 11111 EXCELSIOR BOULEVARD HCPKIf'JS, MINNESOTA 55343 952-931-2543 FAX 952-931-2575 October 26, 2006 I\lr. Larry Scott City of Columbia HeIghts 590 40th Avenue NE ColumbIa HeIghts, MN 55421 RE: Lease Agreement Top Value Liquors 224137thAvenueNE ('olumbia Heights,i\fN Dear Larry, Pursuant to your request for a five (5) year extension and an additional option for five (5) years at the above referenced location below you will find the rent stmcture. Smce your lease does not expIre until Febmary 28, 2008 we cannot predIct \\;hat market rents will he at. that time, therefore the rcnt stmcture listed below shall expire December .~ I, 2U06 and no longer be valid unless an executed amendment to the lease agreement agreeing to the rent structure is received by us prior to December 31, 2006. F jve i 5) year extension: Fixed Minimum Rent: $10.00 psC$8,358.33 per month AdditIOna] tive (5) year option: F'jxed Minimum Rent: "S12.SU psf'$I0,447.92 per month :\ II other terms and conditions of the lease agreement shall remain the same. If YOll have any questicHls please contact me at ()52-931-2543. Smcerc1y. Columbia Heights I \) ,~ \\~. A~-- r~~---t ~\.. t<>- ,'''''-'1 Robert L. Rappaport \L.magmg General Partner cc: l\f r. William Elri te Mr Walter Fehst \1r Robert Streetar ;:;0 fT1 ~:::: ~"1J o ;:= ;:;0 0' 0 o CD "1J U1 c:: 8 =-r, I r:1 . CJ CJ :z G"') 0 OJ 0 ~ (") ...., :-'"' (1l UJ e 11'-0 I/~. e e e e e