Loading...
HomeMy WebLinkAboutFebruary 12, 2007 Regular CITY OF COLUMBIA HEIGHTS MJ!w Gan' L PelerSOIl C'ilI~nrilm,.mhp.. Robert A. Williams Bn/ce Nawrocki Tammera Edam Bn/ce Kelzeaberg City Manager IItllter R, Fe/1St 590 40'h Avenue NE, Columbia Heights, MN 5542)-3878 (763)706-3600 TDD (763) 706-3692 Visit our website at: lVww.ci.colulIIbia-heirrhts.mlLus The following is the agenda fOi the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 12,2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Reverend Dan Thompson, Columbia Heights Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations -none B) Presentations - Public Works Project of the Year Award 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 January 22.2007 regular City Council meeting MOTION: Move to approve the minutes ofthe January 22,2007 regular City Council meeting as presented. p7 2) Accept Boards and Commissions Meeting Minutes Accept: HRA meeting minutes of October 24, 2006 Accept: EDA meeting minutes of November 28, 2006 Accept: EDA special meeting minutes of December 20,2006 Accept: EDA special meeting minutes of January 8, 2007 Accept: Telecommunications Commission minutes ofJanuary 18,2007 p23 p32 p41 p44 p4S 3) Authorize Architectural Services for Design and Construction Management of Liquor Stores MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Oertel Architects for architectural and construction management services based on their proposal at a cost of $190,000. pSO City Council Agenda February 12,2007 Page 2 of 6 4) Establish 2007 calendar for Work Session meetings pSl MOTION: Move to accept the 2007 Work Session calendar as proposed. 5) Establish the Local Board of Review meeting for Monday, April 9, 2007, at 6:00 p.m. pSS MOTION: Move to establish the date for the Local Board of Review meeting for Monday, April 9, 2007, at 6:00 p.m. in the City Council Chambers. 6) Adopt Resolution No. 2007-20, being a Resolution canceling the Monday, March 12,2007 City of pS6 Columbia Heights regular City Council meeting. MOTION: Move to waive the reading of Resolution No. 2007-20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-20, being a Resolution canceling the Monday, March 12, 2007 City of Columbia Heights regular City Council meeting. 7) Appointment to the Economic Development Authority MOTION: Move to appoint Marlaine Szurek to the Economic Development Authority for the term to expire January 8, 2009. 8) Approve raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 27, 2007; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 9) Authorize purchase of two replacement police vehicles MOTION: Move to authorize the purchase of two 2007 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to comer from 431-42100 5150 in the amount of $41 ,460, and to authorize the Mayor and City Manager to enter into a contract for the same. 10) Authorize the capital equipment replacement of Rescue 3, 2001 Ford Expedition MOTION: Move to authorize the purchase of one (1) new Ford F350 4x4 super duty super cab pickup truck from Elk River Ford in the amount of $22,689; and an eight foot fiberglass utility box from Truck Utilities Inc. in the amount of $1 0, 150; and a graphics package from Advance Graphix Inc. in then amount of $450; and emergency lights and electrical work from Emergency Automotive Technologies in the amount of $1 0, I 00; and mounting brackets for equipment from Fire Equipment Specialties in the amount of$I,500. Funding shall be from the Fire Capital Equipment fund 439- 42200-5150. 11) Contract Addendum for Engineering Inspection Services MOTION: Move to authorize Contract Addendum No.1 for additional Engineering Inspection Services added by the City to Bolten and Menk, Inc. in the amount of $27,411.50 with funding out of State Aid and Huset Parkway Phase II Development Agreement. 12) Final Payment for Huset Parkway Proiect MOTION: Move to accept the Engineer's Report of Final Acceptance for the Huset Parkway Project, City Project #0404; and, authorize Final Payment of$97,609,83 to FraUalone Companies of S1. Paul, Minnesota. - 2 - pS8 pS9 p63 p72 p8D p82 City Council Agenda February 12,2007 Page 3 of6 13) Approve the items listed for rental housing license applications for February 12,2007 p8S MOTION: Move to approve the items listed for rental housing license applications for February 12, 2007. 14) Approve reissue of rental housing license for 564 Huset Parkway NE, as it complies with City Code p88 MOTION: Move to issue a rental-housing license to Robert Machel to operate the rental property located at 564 Huset Parkway N.E. in that the provisions of the residential maintenance code have been complied with. 15) Approve reissue of rental housing license for 3911 Van Buren Street N.R as it complies with City p89 Code MOTION: Move to issue a rental-housing license to Svitlana Moore to operate the rental property located at 3911 Van Buren Street N.E. in that the provisions of the residential maintenance code have been complied with. 16) Approve Business License Applications p90 MOTION: Move to approve the items as listed on the business license agenda for February 12,2007 as presented. 17) Approve Payment of Bills p92 MOTION: Move to approve payment of the bills out ofthe proper funds as listed in the attached check register covering Check Number 120237 through 120477 in the amount of $3,372,995.81. 6. PUBLIC HEARINGS A) Adopt Resolution 2007-18 regarding maximum permitted basic programming service rates and adopt pl03 Resolution 2007-19, regarding the maximum permitted equipment and installation rates. MOTION: Move to close the public hearing and waive the reading of Resolution 2007-18, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007~18, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Com cast on or about March 1, 2006. MOTION: Move to close the public hearing and waive the reading of Resolution 2007-19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-19, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2006. B) Adopt Resolution No. 2007-22 adopting the assessment levy for 233 42nd Avenue, for the 2006 Street pllO Rehabilitation Proiect MOTION: Move to close the Public Hearing and waive the reading of Resolution No. 2007-22, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233 42nd Avenue as part of the Street Rehabilitation Project. C) Second reading to Adopt Ordinance No. 1521. Rezoning of a Portion of the Property at Lot 124A, Block pll 7 1, Huset Park from MXD to R-2A. - 3- City Council Agenda February l2, 2007 Page 4 of 6 MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1, Huset Park. D) Adopt Resolution No. 2007-21, being a Resolution approving a minor subdivision located at Lot 124A, p127 Block 1. Huset Park. MOTION: Move to waive the reading of Resolution 2007-21, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block 1, Huset Park, subject to the conditions stated in the Resolution. E) Second reading to Adopt Ordinance No. 1520. being an ordinance amending Chapter 8, Article I of the pl38 City Code of the City of Columbia Heights pertaining to public nuisances. MOTION: Move to close the Public Hearing and waive the reading of Ordinance No. 1520, there being ample copies available to the public. MOTION: Move to Adopt Ordinance No. 1520, being an ordinance amending Chapter 8, Article I of the City Code of the City of Columbia Heights pertaining to public nuisances. F) Adopt Resolution No. 2007-23, being a Resolution for Rental Housing License Revocation at 4801 p149 Grand Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-23, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-23, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Ban Properties regarding rental property at 4801 Orand Avenue N.E. G) Adopt Resolution No. 2007-24, being a Resolution for Rental Housing License Revocation at 4502 pIS2 Washington Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-24, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-24, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by L & P Asset Holding LLC regarding rental property at 4502 Washington Street N.E. H) Adopt Resolution No. 2007-25. being a Resolution for Rental Housing License Revocation at4544 pISS Fillmore Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-25, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-25, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street N.E. - 4- City Council Agenda February 12,2007 Page 5 of6 I) Adopt Resolution No. 2007-26, being a Resolution for Rental Housing License Revocation at 4341 pIS8 Tyler Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-26, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-26, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler Street N.E. J) Adopt Resolution No. 2007-27 being a Resolution for abatement of violations at 4625 Tyler Street N.E p161 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-27, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-27, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K) Adopt Resolution No. 2007-28 being a Resolution for abatement of violations at 4633 Tyler Street N.E p164 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-28, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-28, a resolution of the City Council of the City of Columbia Heights declaring the property at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations - none C) Other Business 1) Home rehabilitation program, home replace program, and contamination remediation program p167 - Informational 2) Approve request for donation toward the Anoka County 150th Anniversary celebration Alternate Motion: Move to contribute $1,000 toward the Anoka County 150th Anniversary celebration with funding to come from the fund balance. Alternate Motion: Move to request the Columbia Heights Historical Society donate $500 to the Anoka County 150th Anniversary celebration and to match their contribution of $500, with funding to come from the fund balance. 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. - 5 - City Council Agenda February 12,2007 Page 6 of6 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 22, 2007 NOT B The following are the minutes for the regular meeting of the City Council held at 7:00 p,m. on Monday, January 22, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN, Mayor Gary L. Peterson and Councilmembers Tami Diehm, and Bruce Kelzenberg were administered their oaths of office by the Deputy City Clerk. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add the 150tl1 Anniversary of Anoka County committee contribution, They have requested a $1,000 donation. Peterson indicated this would be item 7 A3. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations - Metropolitan Council Livable Community Grant presented by Tony Pistilli, Metropolitan Council Tony Pistilli, Met Council Representative Sector 2, introduced Greg Paits, Sector 2 Staff Representative. Pistilli stated that the presentation of checks to Columbia Heights is becoming an annual pilgrimage. He indicated his pleasure to present two checks to the City. The first check for $974,369.00 is for the redevelopment of the K-mart site, specifically for the construction of a public parking ramp. The second check is a Tax Base Revitalization grant of $19,100 to help clean up contaminated soil in the industrial park. Peterson stated that Pistilli has done a superb job for Columbia Heights and thanked him and the Met Council for how beautiful our city is becoming. Nawrocki indicated that there is another $2,000,000 needed for the parking ramp and stated that he would withhold his support until he has seen the written agreement and what the developer has put in the project. Fehst stated there is no written agreement as of yet, CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items, 1. Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting - Removed 2. Accept Boards and Commissions Meeting Minutes Motion to accept minutes of the January 2, 2007 Library Board meeting, 3, Establish Work Session meeting dates for January 29 and February 5, 2007, beginning at 7:00 p.m, in Conference Room 1 and Commission interviews prior to the February 5, 2007. meeting, Fehst listed upcoming work session items: January 29 - Liquor Store discussion and establish work session meeting dates for 2007 City Council Minutes January 22, 2007 Page 2 of 16 February 5 - Contract for Architectural and Construction management services for the new Liquor Stores, City Newsletter - review options other cities use, discussion with the Library Board future of the Library, review refuse/recycling operations and proposed changes Nawrocki indicated that February 5 was the same date as the Facility Advisory Committee meeting, He has attended past meetings and would want to attend that meeting. Nawrocki requested a different date or earlier time. Peterson suggested the second work session be held on Wednesday, February 7 at 5 p.m, Motion to establish Work Session meeting dates for January 29 beginning at 7:00 p,m. and February 7, 2007 beginning at 5:00 p.m. in Conference Room 1, with Commission interviews prior to the February 7 meeting, 4, Establish date for the 2007 Local Board of Review Nawrocki stated he would not be available for that date. Council concurred to request the Local Board of Review meeting be held at 6:00 p,m. prior to the April 9,2007 City Council meeting, 5, Appoint Mayor and City Manager to Fire Department Volunteer Relief Association Board of Trustees for 2007 Motion to appoint the Mayor and City Manager to the Columbia Heights Fire Department V olunteer Relief Association Board of Trustees for 2007. 6, Appointment to the Traffic and Telecommunications Commissions Motion to appoint Kevin Doty to the Traffic Commission for the vacant term to expire April 2009 and appoint Robert Peltier to the Telecommunications Commission for the vacant term to expire April 2007. 7. Approve premises permit application Class B for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Sarna's Grill Motion to do direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Sarna's Grill, 3939 University Avenue NE, Columbia Heights, MN; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 8, Approve the items listed for rental housing license applications for January 22, 2007 Motion to approve the items listed for rental housing license applications for January 22, 2007, 9, Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 22, 2007 as presented. 10, Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 120048 through 120236 in the amount of$I,798,239.77. Diehm requested to remove item AI, so she could abstain from the vote as she was not present at that meeting. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of City Council Minutes January 22,2007 Page 3 of 16 item #1 and with changes to items three and four. Upon vote: All ayes. Motion carried. 1, Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting - Motion by Nawrocki, second by Kelzenberg, to approve the minutes of the January 8, 2007 regular City Council meeting as presented. Upon vote: KeIzenberg, aye; Williams, aye; Diehm, abstain; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A First Reading of Ordinance No. 1520, being an Ordinance amending Chapter 8, Article II, City Code pertaining to Public Nuisances Fire Chief Gary Gorman indicated this ordinance would replace the City Code section on graffiti that was left out in the recodification process, The paragraph would now be listed in Section 8.204, as the new letter "S" and under abatement 8.206 the word certifiedlregistered would be removed. Certified letters are time consuming and a large additional cost. Very few regular letters are returned, but many of the certified letters come back. Nawrocki questioned the amount this would reduce the budget. Gorman stated that money saved would be used for items cut from the budget. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1520, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to establish a second reading of Ordinance No. 1520 being an ordinance amending Chapter 8, Article II of the City Code of the City of Columbia Heights pertaining to public nuances for February 12,2007 at approximately 7:00 p,m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Adopt Resolution No. 2007-09, being a Resolution for abatement of violations at 4420 3rd Street Gorman indicated this is for a vacant house that was reported several weeks ago with water running from the building because of broken water pipes. Staff shut the water and gas off and Public Works locked up the property, This was an emergency abatement. Peterson asked if anyone was present to represent the property. There was not. Motion by Nawrocki, second by Williams to close the public hearing and to waive the reading of Resolution No. 2007-09, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams to adopt Resolution No. 2007-09, a resolution of the City Council of the City of Columbia Heights declaring the property at 4420 3 rd 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 2007-09 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 Noel Alcantar (Hereinafter "Owner of Record"), Whereas, the owner of record is the legal owner of the real propeliy located at 4420 3rd Street N Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8,206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007, City Council Minutes January 22, 2007 Page 4 of 16 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 December 12, 2006 the Fire Chief was notified that the City of Columbia Heights Public Works Department personnel had to shut the water off at 4420 31d Street N ,E. after the City receiving a complaint that there was water flowing out of the back door. The Fire Department was notified that a water condition existed at the property and responded to abate any immediate hazards in the structure. Entry was made by the firefighters to assess the health and safety of any possible occupants, Once entry was made personnel turned the power off to avoid any electrical hazard due to the water condition, 2. That on December 12, 2006 the Public Works Department to shut off the water, and secured the entry to the vacant house, 3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file, 4, That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access, shut water and power off to prevent any damage to the building due to cold weather. 5, That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 4420 31d 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 I. The property located at 4420 31d 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. C. Adopt Resolution No. 2007-10, being a Resolution for abatement of violations at 4141 Jefferson St. Gorman stated there are a large amount of items in the yard, This has come to the City Council before and the items were cleaned up, The six-month redemption on the property is over in March. Staff is working with the mortgage company on this. There are car parts in the yard. Peterson asked if anyone was present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-10, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No, 2007-10, a resolution of the City Council of the City of Columbia Heights declaring the property at 4141 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. Williams asked that the Fire Chief research to see if the building could be demolished. Gorman stated that would be a decision for the building official. Nawrocki stated there is a vehicle in the back with expired license plates. RESOLUTION 2007-10 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Debra Langel & Scott Brozek (Hereinafter "Owner of Record"), City Council Minutes January 22,2007 Page 5 of 16 Whereas, the owner of record is the legal owner of the real property located at 4] 4] Jefferson Street N.E, Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting f0l1h the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on December 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 ] , That on December 11,2006 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 December 28, 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 January 12, 2007, 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 remove all/any outside storage from the property: seats, car rear end, truck topper, tailgate, hood, tool box, misc, car parts, and tires. 5. That all pm1ies, 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(8), CONCLUSIONS OF COUNCIL I, That the property located at 414] 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 I. The property located at 4141 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. D, Adopt Resolution No. 2007-11, being a Resolution for abatement of violations at 4544 Stinson Blvd. Gorman stated this property also had water running out of the house, so there was an immediate abatement. The owner stopped in last week to see what the abatement costs would be, Peterson asked if anyone was present to represent the property, There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-11, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-11, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544 Stinson Boulevard 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 2007-11 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 Il, of City Code, of the property owned by Ignacio Dominguez-Sanchez (Hereinafter "Owner of Record"), City Council Minutes January 22, 2007 Page 6 of 16 Whereas, the owner of record is the legal owner of the real property located at 4544 Stinson Boulevard N.E., Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner ofrecord on January 5, 2007, 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 ]. That on December] 3, 2006 the Fire Department was dispatched to 4544 Stinson Boulevard N .E. after receiving information that there was water flowing out of the house, The Fire Department found that a water condition existed at the property and entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2. That on December ]3,2006 the Fire Department paged out the Public Works Depmiment to shut off the water, and board up the vacant house, 3, That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file, 4, That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water and power off to prevent any damage to the building due to cold weather. 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 4544 Stinson Boulevard 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 patiies in interest have been duly served notice ofthis hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed, ORDER OF COUNCIL ] . The property located at 4544 Stinson Boulevard 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 No. 2007-12, being a Resolution for abatement of violations at 4121 4th St. Gorman stated this vacant house also had the water pipes burst and was an emergency abatement. Peterson indicated his surprise at three of the same situations. Peterson asked if anyone was present to represent the property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-12, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No, 2007-12, a resolution of the City Council of the City of Columbia Heights declaring the property at 4121 4th 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 2007-12 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Guirela Pliego (Hereinafter "Owner of Record"), Whereas, the owner of record is the legal owner of the real property located at 4]2] 4th Street N,E., Columbia Heights, Minnesota. City Council Minutes January 22, 2007 Page 7 of 16 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8,206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. 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 ]. That on December 13,2006 the Fire Department was dispatched to 412] 4th Street N.E, after receiving information that there was water flowing out of the house, The Fire Department found that a water condition existed at the property and entry was made by the firefighters to assess the health and safety of any possible occupants, Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2, That on December 13,2006 the Public Works Department to shut off the water, and board up the vacant house, 3, That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file, 4, That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water and power off to prevent any damage to the building due to cold weather. 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 4121 4th 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 I. The property located at 4121 4th 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 No. 2007-13, being a Resolution for Rental Housing License Revocation at 1211-1213 Cherry Lane Gorman stated this is a license revocation on a rental property. No items in violation have been corrected. The tenants have indicated that the property is going back to the bank. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-13, there being ample copies available to the public. Upon vote: All ayes, Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-13, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ryan Foltz regarding rental property at 1211-13 Cheery Lane N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"), Whereas, license holder is the legal owner of the real property located at ]211-]2]3 Cheery Lane N,E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 27, 2006 of an public hearing to be held on January 22, 2007, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, City Council Minutes January 22, 2007 Page 8 of 16 the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I, That on November 21, 2006, inspectors for the City of Columbia Heights, inspected the propeliy described above and noted seven 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 December 27, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted seven 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 January II, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the propeliy and noted seven 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: 1213 - Shall repair the loose sheetrock ceil ing, Shall secure the piece of sheetrock, shall apply any sheetrock mud to the joints that need it. Shall sand and paint all/any sheetrock joints that need it. 1213 - Shall first repair the leaking shower in the lower bathroom. Shall repair the water-damaged walls near the shower by the lower bathroom, 1213 - Shall replace all missing kitchen cabinet/drawer fronts. Shall replace the missing soffit on the front and west side of the house, Shall replace the missing fascia on the west side and the front of the house. Shall replace the missing shingles on the west side of the roof-front and rear. Shall repair or replace all rotted windows. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A), ORDER OF COUNCIL I, The rental license belonging to the License Holder described herein and identified by license number F8030 is hereby revoked, 2, The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3, All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions A. First reading of Ordinance 1521, rezoning of a portion of the property at Lot 124A. Block 1 Huset Park from MXD to R-2A Jeff Sargent, City Planner, explained the proposal to rezone the described property to correct encroachment issues on the plat. There was a concrete area and fence maintained by the adjacent area. This would split 15 feet from the property to attach to the plat. The rezoning ordinance requires two readings. The lot split will be presented with the second reading of the ordinance. Nawrocki questioned street configurations and questioned if 5th Street is being closed off Sargent stated that they are probably closed for construction purposes. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No, 1521, there being ample copies available to the public, Upon vote: All ayes, Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1521, being an ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at approximately 7:00 p.m, in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Approval of Final Plat, CUP for assisted living facility, parking setback and stall size variances, 210 I 3 7th Avenue, Sargent stated that this is the final plat approval for 2102 3 ih A venue, including setback and variances. They application has gone through all the requirements; the Planning and Zoning City Council Minutes January 22, 2007 Page 9 of 16 hearing, to City Council in November and for rezoning on January 8,2007, The northern parcel will be subdivided into two parcels; one of 2.4 7 acres and the site would house a 52 unit facility to be managed by Comforts of Home. The southern one acre will be the location of a new city liquor store. The Conditional Use Permit (CUP) is for the assisted living facility, Both are a function of the R-3 zoning district. The parking variance is for a two foot length variance. The stalls would be nine feet wide and 18 feet in length. The second variance is for a 19 foot front yard variance. Code requires a 30 foot setback. The setback requirement is to allow for adequate green space. This variance does maintain adequate green space, There is a Montessori school that will be on the corner of the lot. Sargent described parking for that area. Sargent indicated that he visited a similar facility by Comforts of Home in White Bear Lake today. He showed pictures of that facility, which has 42 units. 20 are occupied and they are filling as they are built. Sargent stated that he was impressed with the building detail and pleased that the proposed facility would have the amenity of Hart Lake. There is one change to the final plat, where the developer and city decided to place one of the holding ponds across the street on city property. It would alleviate the problem of the pond requiring a 12 foot retaining wall. The result would be a more aesthetically appealing pond, There will be reciprocal maintenance agreements, Kelzenberg indicated that this is the second request we have had for parking stall variances, He stated that the parking stall code was going to be reviewed. Sargent stated that staff is researching that issue and indicated that the 18-foot length is not unreasonable and is used by other cities. Diehm stated that stall length could be addressed when we review the ordinance, but questioned if the initial request was to consider larger parking spaces, Nawrocki indicated that the Comforts of Home facility would have above and underground parking. He questioned if this request would affect the liquor store and questioned the development contract. Sargent stated there are letters of credit and maintenance pond agreements, Nawrocki questioned who would pay for the ponds. Sargent indicated that on the large pond 94 percent of runoff for this pond will come from Comforts of Home and six percent would come from elsewhere. On the small pond 58 percent would come from them and 42 percent from our liquor store. Maintenance would be determined with those numbers. We will put in a contribution of six percent on their property. We will maintain the one on our property and they will reimburse us. Nawrocki questioned the location of the trail. Sargent stated it would be on the west side of Hart Boulevard. Nawrocki stated that the developer is responsible for putting in the trail at no cost to the city. Deb Johnson, 4626 Pierce, stated that she had a problem with the 18-foot parking length, This is a senior facility and there would be a lot of vans and older people with big cars. She indicated that she owned a 22-foot vehicle. Nawrocki questioned the width of the aisle, Sargent indicated it would be 24 feet wide. Nawrocki questioned how longer vehicles would be accommodated. Sargent indicated that he contacted other cities and they consider that wheels are parked to the curb, and that the car hangs over the curb, He stated that we would rather reduce the parking length than the driving aisle between vehicles, Nawrocki questioned if there would be space on these curbs for the overhang. Sargent stated yes. Nawrocki referred to Sarna's receiving a length variance but Taco Bell was refused. Sargent indicated the large number of variances requested for the Taco Bell project and the final decision was that it would not be a good use of the land. City Council Minutes January 22, 2007 Page 10 of 16 Matt Frisbie, Frisbie Architects, stated he was representing Comforts of Home, He showed all parking areas on a map and indicated there was exclusive van parking and full parking adjacent to the facility entrance, The variance is in a different area and is for employee parking. The senior citizens staying in the facility would have underground parking, which is wider and more generous. Ground level parking would be for visitors and guests. He stated that vehicles parked pointed together would have the required 20 foot length. The variance is only for curbed parking. Jim Hoeft, City Attorney, advised a revision to Resolution No. 2007-14 under conditions, indicating the fourth condition include "developer shall enter into a development contract for the Hart Lake Addition". Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2007-14, there being ample copies available to the public. Upon vote: All ayes, Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake Addition, subject to the conditions outlined in Resolution No. 2007 -14 as corrected. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to waive the reading of Resolution 2007-15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No, 2007-15, approving a Conditional Use Permit for an assisted senior living facility located at 2101 3ih Avenue, subject to the conditions outlined in Resolution No. 2007-15. Upon vote: All ayes. Motion carried. Motion by Nawrocki, Williams, to waive the reading of Resolution 2007-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, Kelzenberg, to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance for the Comforts of Home parking lot. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-17, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-17, approving a 19- foot front yard setback variance for hard surface parking for the Comforts of Home parking lot. Upon vote: All ayes, Motion carried. Resolutions No, 2007-14, 15, 16, and 17 may befound at the end of this document. 7 A3 Anoka County Historical Society anniversary funding request Nawrocki indicated that Anoka County is requesting financial support of the 21 communities for their l50th Anniversary festivities, with $1,000 requested from the City of Columbia Heights. Peterson described the celebration activities, which would include a wagon train that people are invited to take part in. He stated that there would be many opportunities for the public to participate, City Council Minutes January 22, 2007 Page 11 of 16 Fehst stated that some communities are giving less than was requested. Peterson requested this be discussed at a work session. Bid Considerations -none Other Business Elected Official Out of State Travel request Peterson stated that three Council members have requested to attend the National League of Cities conference in Washington D.C. Fehst stated estimated costs of about $1,500 for each Council member. The budget included attendance for one member. There were more funds budgeted until budget cuts in recent years, There are funds available in miscellaneous expenditures. Motion by Kelzenberg, second by Williams, to approve attendance of Mayor Peterson at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Elected Official Out of State Travel request Motion by Diehm, second by Williams, to approve attendance of Council member Kelzenberg at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Elected Official Out of State Travel request Motion by Williams, second by Diehm, to approve attendance of Councilmember Nawrocki at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments. Peterson stated that the list should be reversed with Diehm as the Charter Commission Liaison and Peterson as the Park and Recreation Commission Liaison, Motion by Kelzenberg, second by Nawrocki, to appoint Councilmember Diehm as the 2007 Council President. Upon vote: All ayes. Motion carried. Peterson referred to the work session discussion on League of MN Cities representatives. He indicated that anyone is welcome to attend any of the meetings. Nawrocki stated that he has been the League liaison for many years and stated the importance of continuity in the positions. He stated that he would still be willing to be State League and Metro league representative, based on the fact that he would actively participate and would be able to attend their day meetings. He referred to committees he has participated in, City Council Minutes January 22, 2007 Pagc12of16 Kelzenberg stated it would be fine with him if Councilmember Nawrocki were willing to continue representation on the State and Metro Leagues. Nawrocki stated that council members should be the alternates rather than the City Manager. Fehst stated that these groups do include City Managers and City Clerks on their committees. He indicated committees that he has served on. Nawrocki encouraged elected officials to be part of the process. Peterson indicated his appreciation to have the City Manager attend League meetings. Motion by Diehm, second by Kelzenberg, to approve the 2007 Council Staff Liaison Assignments as discussed. Upon vote: All ayes. Motion carried. ADMINISTRA TIVE REPORTS Report of the City Manager Fehst referred to handouts from Unplugged Cities, a wi-fi service that provides service for Osseo and St. Louis Park. They put upfront money into the radio transmission stations and the engineering is paid for by the city. It would be approximately $600,000 to $800,000 to cooperate with them and become a wireless hi-speed internet connect city. Our library provides a wireless service. We will talk with the company that is working with the City of Minneapolis. They are not providing up-front money. Fehst stated that with Unplugged Cities the $600,000 would come back as shared fees as the company gets more people signed on. He indicated that DSL is now available for $26 a month, With Comcast you must sign up for long distance phone service, and then you can receive cable TV and internet access for $99 a month for one year. After the first year the cost would increase $14 to $15 a month. Wi-fi is state of the art now, but if it goes region wide it could cost a lot less. This may be useful for a city with a large amount of office space. St. Louis Park ran fiber optics for certain areas of their city. Fehst questioned if this is something we need right now, as it is not without a cost to the city. Nawrocki . Referred to the IS staff report to the Telecommunications Commission. The key is density, meaning we would need 9,000 homes signed up in the community to make this work. Only half are now linked to cable now. The Commission felt that at the present time the users of high speed would not be high in numbers. Our IS staff also reported on streaming, . 3841 3 rd Street - there is a car with an out of date license. . 50th and University - there is a tow truck with an out of date license. . At the last meeting requested discussion on legislation to extend the Central A venue TIF District for 25 years and use the money for home improvement loans and three million for clean up on the Mady's property. People were told that when the district was paid off it would be available to support the city, school and county. This is like saying there will be a tax increase for another 25 years. Fehst indicated the benefits of community revitalization and pollution cleanup at the Mady's site drawing development. Development at the Mady's site could lead to 60 housing units, 10,000 square feet of retail and 6,000 square feet of restaurant space. Diehm indicated that the request was to have this item on the agenda, The Community Development Director gave a good presentation at the work session meeting, which could be given at a Council meeting. Diehm stated that all Councilmembers would like the opportunity to speak on this and it would be more appropriate as an agenda item, City Council Minutes January 22, 2007 Page 13 of 16 RepOli of the City Attorney Hoeft indicated that administrative warrants have been signed and the process worked out. Fehst referred to the well written letter by Hoeft that was sent to the judge. CITIZENS FORUM Deb Johnson, 4626 Pierce, stated that at the last meeting she referred to the Building Official not being concerned with inspecting their new windows, The City Manager indicated that the Building Official inspected the windows from the outside prior to entering the building. COUNCIL CORNER Kelzenberg . Dana Weigman, Librarian, has received notification that the Library will receive a $1,000 literacy initiative grant. Commended her on obtaining this grant. . Be aware - there have been three vacant house burglaries where the copper pipe was removed. Asked residents to call 911 on suspicious activity. . A car was stolen at Sarna's, but it had been left running. Reminded everyone that you can get a ticket for leaving your vehicle while it is running. Williams . Pistilli and the Met Council have been great friends of our city, giving about $4 million in grants for contamination clean up. . Referred to the amount of recent drug busts and burglaries. His office was robbed, Fehst indicated that Coon Rapids has also had a rash of pull tab booth robberies. Our police do a wonderful job, . Pray for our citizens, help watch citizen's homes. Diehm . Absent from last meeting traveled to Bulgaria where her step-daughter is working in an orphanage, Helped me understand the importance of maintaining our infrastructure, There are areas of Romania where you could see the effect of years lacking maintenance or improvements, It is important to maintain our standards. Very thankful for the hard work of our employees and it is a privilege to live here. . Wednesday, February 7 there will be a SACA spaghetti dinner at Murzyn Hall. . Monday, March 5 at Murzyn Hall will be the annual Empty Bowls dinner. This symbolizes empty bowls around the world. . Friday, March 9 is the annual Police and Fire Fighters Appreciation event, to thank them for all the hard work they do. Nawrocki . Attended the SRA quarterly meeting with Xcel on problems dealing with service changes and cooperation issues. Brought up extreme tree trimming and other communities agreed. They will attend the next meeting also. . North Star Commuter line is moving ahead. The intention is to have commuter rail running between downtown Minneapolis and Big Lake by 2009. The closest station was to be in Fridley, but is now out of the plan because of the cost. There will be five trips into the metro in the morning, five trips out in the evening, and only two other trips during the day, . Legislative program, The County is asking for legislative changes in library funding for the county system, This will be important to us, as we are tied into the county, . Anoka County is looking to set up a county EDA. Concerned that residents would have to pay for city and county HRA, city EDA, and the Metropolitan Council. City Council Minutes January 22, 2007 Page 14 of 16 . Received a letter that long-time resident Edith Wargo passed away and left Columbia Heights $150,000 to maintain Wargo Park for 25 years, and $75,000 for police and fire programs. Fehst stated it could be in probate for another year, . Referred to a letter from Adam Davis regarding concerns of street naming at Huset Parkway, Refer this to the Traffic Commission. . Wednesday, January 31 will be the quarterly Anoka County Elected Officials meeting, Peterson . Reminded everyone to appreciate our service men and women, . Don't take ourselves too seriously and do a random act of kindness, ADJOURNMENT Mayor Peterson adjourned the meeting at 9:25 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary RESOLUTION 2007-14 APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No, 2007-0101) has been submitted by 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. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Hart Lake Addition THE APPLICANT SEEKS APPROVAL OF A FINAL 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 of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on January 3, 2007, 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: J. The final plat substantially conforms to the approved preliminary plat 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approvaL CONDITIONS: I, The applicant shall pay a park dedication fee in the amount of $26,890 at the time of final plat approval. 2. The developer shall obtain a storm water permit from the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3, All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9, ] ] 4. 4, The developer shall enter into a development contract for the Hart Lake addition, RESOLUTION 2007-15 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: Lot North of2lOI 37th Avenue City Council Minutes January 22, 2007 Page 15 of 16 LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition, THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9. I 09 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District, and a Montessori School per Code Section 9, I 09 (G)(3)(h), WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 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: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2, The use is in harmony with the general purpose and intent of the Comprehensive Plan, 3. The use will not impose hazards or distributing influences on neighboring properties, 4, The use will not substantially diminish the use of property in the immediate vicinity. 5, The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area, 6. The use and property upon which the use is located are adequately served by essential public facilities and services, 7, Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. S, The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9, The use complies with all other applicable regulations for the district in which it is located, FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (J) calendar 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, The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. RESOLUTION 2007-16 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of21Ol 37th Avenue LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition, THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance per Code Section 9,106 (L)(7)(a), WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; 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: City Council Minutes January 22, 2007 Page 16 of 16 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, FURTHER, BE IT RESOLVED, that the attached 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. RESOLUTION 2007-17 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101 37th Avenue LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition, THE APPLICANT SEEK THE FOLLOWING RELIEF: A I9-foot front yard setback variance for hard surface parking per Code Section 9.109 (C), WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; 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: I, 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, FURTHER, BE IT RESOLVED, that the attached 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 (I) calendar year after the approval date, subject to petition for renewal of the permit. HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF OCTOBER 24, 2006 Call to Order - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:43 p.m., October 24,2006, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota, Roll Call- Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., and Bruce Kelzenberg Absent- Patricia Jindra, Bobby Williams Pledge of Allegiance CONSENT AGENDA Approve the Minutes of July 25, 2006 Regular Meeting and Financial Report for the months of July, August and September 2006, Resolution 2006-06. Nawrocki stated in the July report, $8,512 Parkview Villa pays the HRA is that per month. Lindig stated that represents 3 months of the quarter for HRA administration. Nawrocki asked under interest income, what is the fund balances for the north and south that we are drawing interest on. Lindig stated the north is on page 62, at $479,056 and the south is on page 73, at $213,745. Ecklund, jr. asked on page 11, due to resident council it is showing a minus, what is that for. Lindig stated it is the amount owned to the resident council on that date for the 50% of the laundry proceeds. Ecklund asked what is the current laundry fund. Lindig stated the north building is $228 and $98 for the south building, which is money that is deposited into the bank, but not written over to the resident council yet. Motion by Nawrocki, second by Ecklund, to approve the consent agenda Items #4 and #5 as listed. All ayes. Motion Carried, BUSINESS ITEMS Report of Management Company Todd Klien introduced Nick Gravemann the new housing manager, who began in September this year. Diehm asked Gravemann to tell the board a little about himself Gravemann stated he recently moved to Minnesota from Missouri, has been in property management in several states and was happy to be here. Nawrocki stated he was told to talk to Streetar if he had questions we might have relative to this process of hiring a manager, did not put his questions in writing, but rather went in and talked to Streetar with the following concerns: 1) the experience candidates have in relative to management; and 2) the experience the candidates would have relative to working with senior citizens. He received no response and felt Housing & Redevelopment Authority Minutes October 24, 2006 Page 2 of9 the process wasn't working the way it was supposed to work. Gravemann stated he provided the July, August and September reports and are there any questions. Diehm asked for clarification of the occupancy report as September 19th report it was 101 out of 101 on the north and 44 out of 45 in the south, the same numbers hold true for October, but it looks like there were two move ins, where those transfers. Gravemann stated they were transfers. Nawrocki stated there is some sort of power ball gambling program going on at Parkview Villa, is for profit for somebody or is this a resident council activity. Gravemann stated it was the resident council. Ecklund stated it was organized by resident, Ron Schumacher. Schumacher, Unit 702 stated he started a bingo night at Parkview Villa a couple of years ago on Sunday evenings, he calls it power ball bingo, charges residents to play and if there is any additional fees collected, I donate those funds to needy children. Last year we donated $800 to the Ronald McDonald House. He checked with the tobacco and firearms, state gaming commission and as long as you get less than $200 and it is only for the residents of the building, we are legal. Nawrocki asked the management to check into this to see if this is legal. Nawrocki stated once before he spoke about a water problem leaking on the 9th floor down, as far as he know the problem is still there, it seems like something should be done about this individual, if someone can't take care of the unit they are living in, like turning off the water valve to prevent water leaking to other floors, there should be some better solutions. Gravemann stated according to HUD rules that cannot force the resident to move, he has to choose to move and asked if the board would consider they process the eviction process for this individual. Nawrocki stated he wasn't sure what we should do, but to take care of the issue. Gravemann stated we would probably look into some services available to this individual from the county and if necessary proceed with the eviction proceedings. Klein stated Gravemann is on the right track as this isn't an assisted living facility and we can't force them to move. Nawrocki stated at the last meeting residents raised some concerns relative to problems with water backing up in apartments, Gravemann stated the maintenance man has looked into this and made some improvements to units, and it was his understanding that this was pretty much taken care of Terry Bushe, Maintenance man, stated he was able to find some of the drains and cleaned them, 9 of the 10 risers he found had problems and he cleaned them, felt he was ahead of the problem, and was also in the underground garage. Resident Council Minutes Ecklund stated for the bazaar they profited $3,225.09. He thanked the members of the building, HRA board, City Council and the City employees. We appreciate you showing up at these events, it means a lot to residents. Housing & Redevelopment Authority Minutes October 24, 2006 Page 3 of9 Citizen Forum Resident, Ken Block, Unit 315, stated he moved in this fall, and with the new clock tower on Central, people like to walk around the area, the sidewalk is broken up, and the garbage in the alley, he wanted to bring this to the cities attention. Diehm stated City Council has been working to clean up some of the issues with the Star Bar and asked staff to talk to the public works department to see if the sidewalk repairs can be made. Public HearinQ-Resolution 2006-07, 2007 PHA Plan & Related Certifications Gravemann stated the quality housing and work responsibility act of 1998 requires all Housing authorities to prepare a Public Housing Agency Plan. Staff has prepared a draft document for review. The plan has been reviewed by: Anoka County, the resident council and residents with no recommendations or comments to the plan. Ecklund asked what projects would be preformed next year to the building and when will the windows be replaced. Gravemann stated they would be taken care of re- caulking the windows next year and the windows would be sometime after 2008. Nawrocki asked on page 5, #4, page 4, item 2 and 3 and B-1, why isn't it filled in. Gravemann stated it was an error and he would make the corrections. Diehm asked if we have a consolidated plan. Gravemann stated we do not have this yet as it was an error on his and Dana's part, and wasn't sent to Anoka County until yesterday. Diehm opened the public hearing at 8:10 pm. There were no Comments. Diehm closed the public hearing. Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-07, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-07, a Resolution confirming approval of the 2007 Public Housing Agency certifications of compliance with the PHA plans and related regulations, subject to finalization from the management company and review by staff. All ayes. Motion Carried. Adopt Resolution 2006-08, Third Amendment to Walker ElderCare Contract Bob Alsop, Kennedy & Graven stated the current Management and Maintenance SelVices Agreement with Walker ElderCare SelVices Inc does not include the current maintenance wage rate determination or the Federal labor standards provisions required under Federal Law. This third amendment includes the language necessary to comply with these regulations, The changes to the agreement are: 1) subcontracting provision Section B (8), requires Walker to confirm and certify the proposed Housing & Redevelopment Authority Minutes October 24, 2006 Page 4 of9 subcontractors are not barred from entering into contracts with the HRA under Federal Law and insures all subcontracts contain the applicable labor standard provisions; 2) Under Section B (15), which is a new provision containing the applicable Labor Standard provisions; and 3) In Section D (8) it authorizes Walker to negotiate and execute contracts on behalf of the HRA up to $2,000 for services, materials and supplies in the approved Operating Budget, and they would negotiate all other contracts, which exceed $2,000 or related items not included in the Operating Budget to the HRA board for approval. He was taken it on for the city to develop these contracts and agreements to satisfy the HUD requirements. For an agreement or contract the law requires that you have a prevailing wage agreement and Labor standards provisions, the contract between the HRA and Walker ElderCare does not have these documents in it, so therefore, this amendment adds those documents. From what he could see there aren't any subcontracts between the HRA and subcontractors at this time. Anything up to $2,000 can be signed by the Deputy Executive Director, and anything up to $15,000 must be signed by the Executive Director. Fehst asked if this is all under the agreement that we pay walker or is this in addition to that. Streetar stated two payments are paid to Walker; one that covers gas, and operating costs; and one covering management fees to run the building. If someone leaves their employment, that difference is applied towards their management fee. Diehm asked how the wage requirement works with our current elevator contract, as we don't pay per hour. Alsop stated according to HUD in the future, you would need to document what they are going to pay their employees. Streetar stated we also provide to them copies of the wages to make sure they are in compliance. Nawrocki asked why couldn't Walker do that. Alsop stated according to this agreement Walker has some compliance duties. In terms of monitoring, HUD will not let them do that, it has to be done by the HRA authority. Diehm stated from now on we would look for this type of information when we perform the bidding process. Alsop stated he put the responsibility on Walker to check the government list to see that any contractor that they bring to the board has to be qualified per HUD's list. Ecklund asked if the maintenance workers come under this wage requirement or is it just a straight wage. Alsop stated it would be straight wages. Nawrocki asked who would be responsible to act on Walker's behalf on contracts. Lindig stated with Walker there isn't anything in writing, but has assigned this to Klein and Gravemann. Nawrocki stated, as the signature of the Executive Director is also the City Manager, is this documented that he will be signing these documents, and not just a verbal okay. Housing & Redevelopment Authority Minutes October 24, 2006 Page 5 of9 Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-08 there being an ample amount of copies available to the public. All ayes, Motion Carried. Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-08, a Resolution Approving and execution of the Third Amendment to the Management and Maintenance Services Agreement with Walker ElderCare Services Inc; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. Diehm stated as chair of this body it would be her expectation that they see this documentation with proposals that are brought forward. Motion by Nawrocki, to amend Section 3, amending section D (8) of the agreement so that the $15,000 authorization for the Executive Director be reduced to $5,000. Motion dies for a lack of a second. Upon Vote of the original motion: All ayes. Motion Carried. Adopt Resolution 2006-09. Maintenance/Services Contractin~ Policv Alsop stated this Maintenance/Services Contracting Policy for Parkview Villa must be implemented for contracting vendors. He provided the board with a contacting flow chart, which he provided to Judy McIntire at HUD. Motion by Nawrocki, second by Ecklund, to waive the reading of Resolution of 2006- 09, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Nawrocki, second by Ecklund, to Adopt Resolution 2006-09, a Resolution Approving the Maintenance/Services Contracting Policy. All ayes. Motion Carried, Res.2006-10. Maintenance/Services & Subcontractor A~reement Forms Alsop stated he is asking for approval with respect to form of the agreements with Walker and contractors. From what he has seen, there has never been a subcontractor agreement. McIntire made some changes to the original agreement. HUD requested the following changes: a) Under Section 1, change "maintenance and non-maintenance work" to "routine and non-routine maintenance work"; b) Section II, we must specifically state the Executive Director be as the authority signature; and c) Section III (E)- Identify the specific means to be implemented by the HRA in verifying compliance with the applicable prevailing wage requirements, i.e. certified payroll records and revise the policy so that payroll records will be reviewed and compliance verified prior to the last payment under the contract by the HRA; and d) Section IV- the Federal Labor provisions under this section should not be limited to Section II of HUD 5360C and revise the policy to require all appropriate provisions of HUD 4360C depending on the size of the project. Housing & Redevelopment Authority Minutes October 24, 2006 Page 6 of9 It is the most basic policy he has put together to meet HUD's standards Diehm asked if these Maintenance Wage Rates are amended each year with the cost of living. Alsop stated, it is updated yearly by HUD. Fehst asked what happens if they do the work and don't sign the agreement. Alsop stated there are provisions in the agreement that states the actions necessary, Motion by Nawrocki, second by Ecklund, to waive the reading of Resolution 2006-10, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Nawrocki, second by Ecklund, to Adopt Resolution 2006-10, a Resolution Approving the Maintenance/Services and Subcontractor Agreement Forms for Parkview Villa. All ayes. Motion Carried. Streetar stated he wanted to thank Bob Alsop for all his work on these documents. There were a lot of documents necessary to get us in compliance with HUD's requirements. Adopt Resolution 2006-11. 2007 Parkview Villa North Budaet Bob Lindig, Walker Finance Officer stated the proposed 2007 budget for Parkview Villa North is $519,904, which includes $101,041 for capital outlays. Excluding capital outlay, which was not budgeted for in 2006 and the 2007 budget represents a 4.2% increase, or $16, 816 over last year's budget. The majority of the increase is attributed to the increased management fees of $24, 138 over last year's budget greater than the 2006 budget. The Utility budget has been increased over the 2006 budgeted amounts also. The total revenue is $528,446 and includes rents of $290,630, Operating Subsidy of $121,200, (based on the 2005 operating subsidy, we should see more funding actually come out later, Capital Funds of $101,041, Investment Income of $5,000 and other miscellaneous charges, The capital improvement plan of the apartment modernizations will continue to be implemented. Nawrocki asked on page 1, computer supplies, what have we been running the computers on as in previous years there wasn't anything budgeted. Lindig stated it is for basic computer supplies like paper, forms, etc. Nawrocki stated maintenance construction materials would take a large jump. Lindig stated as part of next years budget in the north building there is a few plumbing issues that need to be addressed. Bushe stated it is replacing plumbing with PVC parts. Diehm stated the attorney's budget takes a significant decrease. Lindig stated with all of the leases, ACOP's and HUD forms being developed this year, the need for the attorney's fees would drop for 2007. Housing & Redevelopment Authority Minutes October 24, 2006 Page 7 of9 Nawrocki stated the expert and professional services increased and why the amount for the north building is budgeted more. Lindig stated in the 2006 budget that was under estimated, so he felt we should raise that amount and that the north is higher because these additional HUD documents required to meet the HUD monitoring standards are for the North building only. Nawrocki asked what is the expert and professional fee for both the north and south buildings in 2005 and 2006. Lindig stated the total for both buildings for 2005 was $171,975,2006 was $210,000 and for 2007 it would be $216,049. Nawrocki asked on the revenue side, no property tax dollars come into Parkview Villa north and south, and what is PILOT. Streetar stated it is for the north at 10% of the shelter rents by agreement between the HRA and HUD and the south building, since the building was put into use they used the 10% figure, which should actually be the 5% and staff is working to get that changed. Fehst stated PILOT stands for payment in lieu of taxes. Diehm stated they increased the gas budget for the north versus the south building. Lindig stated the increase forecast ranges from 4 to 15% and that the north building uses significantly more gas than the south building. Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-11, there being an ample amount of copies available to the public. All ayes. Motion Carried, Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-11, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights Adopting the 2007 Parkview Villa North Budget for $519,904 and recommending this budget to the City Council for approval. All ayes. Motion Carried. Adopt Resolution 2006-12. 2007 Parkview Villa South Budaet Lindig stated the proposed 2007 budget for Parkview Villa South is $242,639, which represents a 4.7% or $9,932 increase over last year's budget. The increase includes $15,519 in management fees, pursuant to the change in fee structure approved in January 2006. The increase is partially offset by an $8,859 reduction in budgeted Expert & Professional Services. Utility budgets for 2007 are somewhat lower than the 2006 budget, due to expected decrease in the cost of gas, The cost of supplies in 2007 is budgeted at an increase of 16.16% or $1,600 over 2006 to allow for replacement of aging appliances, Proposed gross revenues are $280,470 and include rents of $273,277 investment income of $2,500 and other miscellaneous charges, The rent budget takes into account the limited rent increase proposal approved at the July 2006 HRA meeting, That proposal mitigates the impact of rent increases otherwise due to be implemented for 15 residents who would be severely and adversely affected by the final transition to the new rent structure approved in 2004. Housing & Redevelopment Authority Minutes October 24, 2006 Page 8 of9 Motion by Nawrocki, second by Kelzenberg, to waive the reading of Resolution 2006- 12, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Nawrocki, second by Kelzenberg, to Adopt Resolution 2006-12, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights Adopting the 2007 Parkview Villa South Budget of $242,639 and recommending this budget to the City Council for approval. All ayes. Motion Carried. Discussion on Current Internal Transfer Policv Diehm stated Commissioner Nawrocki requested this item be brought up before the HRA board for discussion tonight. Nawrocki asked what an internal transfer policy is supposed to cover. Gravemann stated it covers the costs to make repairs to the apartment. Diehm asked if they paint every time someone moves out, regardless of how long they lived there. Gravemann stated that was correct. Nawrocki stated he didn't believe there should be a cost to fix up the new unit as the previous resident should have left it in good shape, the tenant leaving, if they don't leave it in good condition, the costs for the repairs would come out of the damage deposit originally received when they moved in. Recently, we had a discussion on a resident paying these fees and the board did waive this fee. Diehm stated she felt it was at the October of 2004 meeting that it was discussed. Lee Feeney, caretaker when we have a transfer, we have two apartments that have to be turned, where as we take someone from the outside coming in we only have one apartment to turn. Nawrocki stated that is what he is talking about, the $400 isn't justified. Diehm stated if she was a moving from one apartment to another, and maybe there would be a cost of turning an apartment with a quick turn around. Bushe stated painting alone is $220, shampoo and carpeting $195 or a total of $395. Nawrocki stated he didn't feel that each time you have to a complete paint job on the unit. Fehst asked Nawrocki if he was asking if they should do an assessment each time someone moves out, Nawrocki stated no he wasn't asking that, but that it should be no different for a person that would move internally or moving out. Diehm stated wasn't this part of the idea to discourage moving from one unit on one floor to another floor, the costs are incurred by us, and that she remembers this was brought to us by the management company. Nawrocki stated that is an unfair charge. Fehst asked if Walker has a policy for their units. Lindig stated they paint every 5 years even though they don't need it. Resident, Ruth Hiltested, Unit 310, stated when Dana was here and someone that wanted to move from one unit to the other, she received a bonus to move apartments, Housing & Redevelopment Authority Minutes October 24, 2006 Page 9 of9 Feeney stated Dana didn't get a bonus for internal moves. Lindig stated Dana's agreement stated she would receive compensation for new move in's, not internal transfers. Diehm asked Gravemann if there was anyone on the waiting list at this time that this would apply to. Gravemann stated there wasn't. Diehm asked staff to pull out old minutes and consent letters to provide to the board at our next meeting to find out the real reasons why this policy was adopted. Diehm stated we have to recognize there would be a possibility of residents moving to different floors or sides of the building because it's nicer. Motion by Nawrocki, that the Internal Transfer Policy be changed to read that if the tenant should chose to move from one unit to another in the building, that they be charged only the actually clean up costs from normal wear and tear in the unit they leave. Motion dies for a lack of a second. Motion by Diehm, second by Kelzenberg, to have staff come back to the board with the previous documents from past meetings on this issue. All ayes. Motion Carried. Other Business Nawrocki stated the HRA hasn't approved the levy. Streetar stated the HRA doesn't approve the levy, it is approved by the EDA. Nawrocki stated if that is the case it can no longer go down in the portion of the property tax statement, because the EDA has to be up with the general levy. Streetar stated the EDA which does all of the redevelopment work, pays for all of its services through the levy at a rate of. 0001813 and the HRA levy of .000140, its called the HRA levy, has no bearing to this body, we call it the HRA levy because that is how it is general understood, the EDA can levy both to fund redevelopment, these properties and the cost to operate them are paid from rents, operating subsidy from HUD, and the capital subsidy from HUD, that is how it has been paid for the past four years. Diehm stated so they are not paid from the HRA levy. Streetar stated that was correct. Nawrocki stated you just testified that when you started doing that sometime back, that this was really a sneaky way to get an extra levy out of the citizens of the community. Adjournment Chair, Diehm adjourned the meeting at 9:50 p.m, Respectfully submitted, (!/~ dJJ-- Cheryl Bakken Recording Secretary H:\HRAMinutes 2006\10-24-2006 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES November 28, 2006 CALL TO ORDERIROLL CALL President, Murzyn, Jr. called the meeting to order at 7:08 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of October 24, 2006 regular meeting and the Financial Report and Payment of Bills for the month of October on Resolution 2006-09. Motion by Williams, second by Diehm, to approve the consent agenda Items #3 and #4 as listed. All ayes. Motion Carried. BUSINESS ITEMS Resolution 2005-10 and 2006-11. 2007 Bud~et and Levy Streetar stated on November 6 at the joint City Council and EDA budget work session the budget was presented. Commissioners Jindra and Murzyn weren't present, but he has talked with them about it, so since there is no further discussion by commissioners tonight staff is recommending board approval of the resolutions. Nawrocki stated the current levy for the EDA and HRA are $84,969 and $161,366, the increase for the EDA is a 66% increase and the property tax levy and a 9% increase in the HRA levy. Fehst stated this is part of the overall 2. 1% levy. Nawrocki asked why we are acting on this tonight. Fehst stated we pass this along to the City Council for approval. Streetar the only additional costs we have are related to labor, which is about $23,000 and $50,000 for the Comprehensive Plan, otherwise it is all the same, Nawrocki stated we have approximately $155,892 cash balance at the end of 2005, according to the report he received from finance, there should be a significant balance left over this year, we should give the taxpayers the benefit of not charging them as much. Streetar stated taxes are the lowest they can be on the median value homes in the metropolitan area with the exception of two cities. Nawrocki stated I beg your pardon, I think you gave to the mayor the 168,931, if you take out of that the 21 communities in Anoka County, fifteen of them have lower levies for that value of the home. Streetar stated the reason they have a lower rate is because they have a tax base 25 to 35% higher than ours, our spending is average or a little bit below, our tax base has been anemic for 30 years. Nawrocki stated you may call it anemic, but the fact is you should go out and tell the people taxes are anemic, Murzyn Jr., Fehst, Diehm, and Kelzenberg stated their taxes went down. Fehst stated what is more disturbing is that his housing value went down for the second year in a row. Economic Development Authority Meeting Minutes November 28, 2006 Page 2 of9 Streetar stated in Columbia Heights we have 41 foreclosures, 67 vacant properties and 114 houses for sale right now. Nawrocki stated he is worried about the market of homes in the City. Fehst stated we have explained why the increase is there, Mr. Nawrocki's concern about eating into the fund balance is a valid one, and I know that we will made that at the public meeting that we have next Monday night, but we feel the budget is necessary, we have shown the leverage that we can bring to bear on redevelopment in this town through 24 successful grant applications, through projects that will end up increasing the assessed market value in this City by about 15% and we should have been doing it 10, 15 or 20 years ago and we didn't, so we can either do it or not do it. Nawrocki stated well you shake your head, that is the buracratic response, they say that politicians look at what happened before, when nothing happened to Lincoln, and then the world supposedly gets turned around, while staff, for better or worse does this like the so called politicians and to justify their existence. Fehst stated the evidence is there Bruce, for inner ring suburbs, we are the last to get going. Murzyn Jr. stated the question before us is the budget, are there any questions regarding our budget. Nawrocki stated we do a lot of inter-fund borrowing, but the fact of the matter is we have some pretty high reserves, more than we need. Motion by Williams, second by Diehm, to Adopt Resolution 2006-10, being a Resolution of the Columbia Heights EDA Adopting the 2007 Budget of $317,228 and a levy of $140,898 and recommending approval of the same to the City Council. Nawrocki asked what is the special benefit levy. Streetar stated the EDA has two levies, the EDA is levied at . 1813 and the HRA is levied at .1440, and all of the funding is used to fund the EDA, which is his, Randy, and Cher's time and the associated supplies. Nawrocki stated there isn't any levy called special benefit levy, it is the HRA levy, which is the other on your tax statement. Streetar stated in the State Statue it is called special benefit levy. Amended Motion by Nawrocki, that the EDA levy be reduced from the $140,898 to its current levy of $84, 965. Motion dies for a lack of a second. Upon Vote: Nawrocki-nay, Jindra-aye, Kelzenberg-aye, Peterson-aye, Diehm-aye, Williams-aye, Murzyn-aye. Motion Carried. Motion by Diehm, second by Peterson, to Adopt Resolution 2006-11, being a Resolution of the Columbia Heights EDA approving a special benefit of $176,330 and recommending approval of the same to the City Council. Amended motion by Nawrocki, that the special benefit of $176,330 be reduced to $161,366. Motion dies for a lack of a second, Economic Development Authority Meeting Minutes November 28,2006 Page3of9 Upon Vote: Nawrocki -nay, Jindra-aye, Williams-aye, Kelzenberg-aye, Peterson-aye, Murzyn-aye, Diehm-aye. Motion Carried, Murzyn Jr. stated the county has been saying for years they are holding the line on taxes, we aren't going to raise your taxes, but your property taxes go up each year, so now when property values are dropping, they are going to raise taxes aren't they. Nawrocki stated he tried to ask that last night, he felt a lot of values went down and the rest of the homes went up. Streetar stated the presentation he gave in September, comparing us to 13 other cities, we are growing slower than the 12 others that we work with, so while our values did go up, they aren't going up at the same rate as the others, and we are the lowest on a per household basis. Nawrocki stated if your wondering what happened with property values you might ask yourself how many of these assisted living homes we have built in this city, compare that to what has been done in other communities, how many of the habitat for humanity homes do we have in this city. Streetar stated we have 21 in this city. Murzyn Jr. stated Nawrocki don't mean assisted living but low income. Nawrocki stated that was correct. Murzyn Jr. stated you could look at it as what did those homes replace. Streetar stated the issue is that we have a lot of two and three bedroom ramblers that are 1200 square feet, that were built before 1950, he lives in one in northeast Minneapolis, the difference is his value is $40,000 to $50,000 higher than the same house in Columbia Heights. Williams stated the old Hemak home on 44th that Habitat built two new ones on, that was a great improvement. Peterson stated none of our Habitat Homes have been a problem. Resolution 2006-12. Contract for Private Development with Pratt Ordway. LLC Schumacher stated the EOA entered into a Preliminary Development Agreement with Pratt Ordway Properties in March of this year to construct a senior assisted living project. At this time, Pratt Ordway, the developer, and Comforts of Home, the builder have prepared a redevelopment concept plan for the Apache Theatre property that consists of 58 units of assisted living, an attached Montessori School and a 1.06 acre commercial lot proposed for the new municipal liquor store. The Planning Commission has approved: 1) a comprehensive plan amendment to re-guide a portion of the subject property from commercial to high-density residential; 2)a rezoning amendment to rezone a portion of the subject property from GB, General Business to R-3 Limited Multi Family Residential; and 3) a preliminary plat approval. The City has received approval of an $115,000 Community Development Block Grant from Anoka County to assist in the demolition of the vacant Apache Theatre. The developer is obligated to reimburse the authority for any costs incurred in reviewing the developers proposed plans for this project and has already provided the initial deposit of $5, 000. If this agreement was approved, demolition of the theatre would happen sometime this winter with construction start up on May 1st, 2007. Tonight we have Lenn Pratt, Pratt Ordway; Daryl Gemer, who he has been working with for the past few months on this project and Brian Wingus from Comforts of Home and Steve Bubul, the EOA Attorney to answer Economic Development Authority Meeting Minutes November 28, 2006 Page 4 of9 any questions the board may have. Nawrocki asked what happens if the Met Council doesn't approve the change. Streetar stated their approval is purely administrative, they have reviewed it, and don't have any problems with what the City wants to do with that location. Nawrocki asked then why do they approve it. Streetar stated they are required to take certain steps in terms of getting feedback from adjacent cities, which we already went out and got, before they even starting looking for the approvals, as it is a new requirement, we already know the responses from the other cities, they are very favorable, they don't have any problems Murzyn Jr. asked what cities would that be. Streetar stated it was Minneapolis, New Brighton, St. Anthony, Hilltop, and Fridley, if you touch them you have to get their feedback. Nawrocki asked what we are going to pay for this property. Streetar stated would be $11.00 per square foot, or about $506,000. Nawrocki asked what we sold the little one-acre land for the Sarna's bar and grill for, less than a $1 per acre. Streetar stated it was and if that property were as clean as this one, we would have got the same price. Nawrocki asked how much we used of public dollars to clean up that property. Streetar stated $120,000. Williams asked how does the property taxes stack up from what the theatre is paying know and what they would be with this development. Streetar stated the theatre was valued at $600,000, so you will have closer to $8 million, with no tax increment district. Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2006-12, a Resolution approving the contract for private development agreement between the Columbia Heights Economic Development Authority and Pratt Ordway, LLC for the redevelopment of 2101 3ih Avenue; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes, Motion Carried. Subordination AQreement for Parkview Homes LLC Schumacher stated this is dealing with the building in Phase I of the Industrial Park, Ryland is developing all of the units except this last one. What we are talking about tonight is a subordination agreement, because Schafer Richardson is building this one, not Ryland, the unit looks exactly like the other ones, they are borrowing about a million dollars from the bank and this is the agreement, which Steve Bubul has reviewed and he is here to answer any questions you might have. Nawrocki stated under recitals the contract for private development, what have we agreed to with the developer. Bubul not much, the original contract of which Schafer Richardson is responsible for the redevelopment, the bank wants the EDA to ,.. Nawrocki asked what is the recourse if the developer goes belly up, would the borrower be able to come back to the City to get the TlF. Bubul stated there is none, neither party has the right to come back to the City to get any more TlF, they are on their own, they potentially could asked for it, but legally it isn't a TlF qualifying cost. Nawrocki stated under number 3, Notice and Cure Rights, the last sentence; "In the event there is an event of default under the Development Agreement, the Authority will Economic Development Authority Meeting Minutes November 28, 2006 Page 5 of9 transmit to the Lender a copy of any notice of default given by the Authority pursuant to Article IX of the Development Agreement", what does that mean. Bubul stated if this borrower defaults on the loan, you would get notification of the default, but would have no obligation to pay. Williams asked if Schafer Richardson is building this because of the contamination. Schumacher stated there was a lot of contamination on the site, Ryland decided to step away from it, so Schafer Richardson is going to build this one. Motion by Kelzenberg, second by Jindra, to Approve the Subordination Agreement between the Columbia Heights Economic Development Authority (EDA), Parkview Homes, LLC, and M & I Marshall & IISLEY Bank; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. REDEVELOPMENT UPDATE Activity Center Partenheimer stated the ACAC met on September 13th to prioritize a list of amenities and potential sites to be included for further study, which included the former NEI site, Heritage Heights neighborhood, and adjacent to the high school. The information was passed on to an architectural team from BKV Group, who came back at the November 9th meeting with a draft feasibility report. It was clearly stated that these are not the proposed plans, but simply options and a means for discussion by the group. Nawrocki asked when the next meeting is set for. Partenheimer stated it has not be set up, but hoping for sometime in December. Diehm stated we have seen the three sites, but is there other sites being talked about. Partenheimer stated at the moment they are only looking at those three sites as far as the feasibility report goes, that is what the architect has given us to review, they do have a long way to go, so there is a possibility as a group they may look at other sites, but not at this time. Murzyn Jr. stated he would like to see them review the Huset Park site. Diehm stated she agreed. Streetar stated he talked with the YMCA today, who said may come in and possibly run it for us. They have had an on-going dialog with the City of Minneapolis for a couple of years, initially the Mayor and Paul Ostrow said down by the lupine water park that the Cities donation would not be in cash but in land and the water park and adjacent land would be conveyed to the YMCA to build there. The City changed their mind and said you can have some land west of that, closer to Central and the YMCA doesn't feel that is a good location. Our staff has been in discussions with the YMCA for a while now and as the meeting today they will be bringing a letter to potentially partner this project with you, With their reputation, programming, ability to fund raise and run the facility, they could do a better job than we could every do. Economic Development Authority Meeting Minutes November 28, 2006 Page 6 of9 Jindra stated the YMCA project in Andover is always busy and thinks this is a wonderful idea to get involved with them. Nawrocki stated they have some experience raising funds in Columbia Heights, they were looking at the site adjacent to Sullivan Lake, they raised money, did not make promises, but never built. Grand Central Lofts Partenheimer stated as you seen in the article attached to the packet in July staff applied for a Livable Communities Demonstration Account grant for funding of a parking ramp to serve 47,698 feet of proposed commercial development. The City is expected to know as early as mid December whether it has received this funding. Parkview Partenheimer stated Veit companies received the bid of demolition of the Grief, Steel Tech and associated outbuildings in Phase /II. Abatement of asbestos and other contaminants began this week, with building demolition proposed to begin the first week in December. 38th & Central Partenheimer stated in late spring the EDA entered into a preliminary development agreement with Sherman Associates to prepare a redevelopment plan for the area that includes the Burger King, Mady's Bowl and the Columbia Heights Rental property. ProSource Technologies has completed the draft phase two environmental assessment, the initial cost for clean up is estimated to be $2.8 million dollars, which is attributed to the asbestos roof shingles dumped in this area in the past. Staff is working with Sherman Associates to present a plan with some options for the EDA meeting in January. 39th & Central Streetar stated ProSource has completed a draft Phase /I study, which is an estimated total cost for clean up between $2.8 and $3 million. That is using the type of technology that is the least expensive, he has relayed this information to Sherman Associates, who is putting this in their performa. We are having their performa and number reviewed by Ehlers. What we want to do is bring to the board something that works with options and will take a little time, because initially they were talking about 60 units of senior Housing, 10,400 square feet commercial space, 10,000 square foot restaurant pad, and 10 units of single homes. At the January EDA meeting we will have some concept ideas to present. Williams stated we should take note that with Sherman we have heard some negative comments at City Council meetings about this guy, but the article attached in the packet tonight says he won an award for the Sears building, we should remember that. Nawrocki stated you should look at the 19th & University to see the Botono project. Fehst asked what it is that bother him about that project. Nawrocki stated there are two things: 1) he has talked to some of the people in Minneapolis people who gave him some bad reports, that isn't right or wrong, but some information he has taken in from Economic Development Authority Meeting Minutes November 28, 2006 Page 7 of9 someone that he does have some respect for; and 2) the low-income is rental, and he doesn't like the looks of it. Peterson stated it isn't Sherman's fault that it is low income, the design is nice, the structure looks fine, we don't want low income in Columbia Heights. Murzyn Jr. stated the problem is that our housing stock is all low-income housing. Williams stated the homes where Murzyn and Diehm live are in a nicer area and the lower income areas that we are now cleaning up will only help the property values, we are doing the right thing. New Business Streetar passed out and reviewed in detail, a "Healthy Homes, Strong Tax Base Initiative" item that was added to the agenda. Streetar stated this item he did not have ready for the packet, but is something that he has been thinking about for a while and you may want to take into consideration. When he gave a presentation back in September he made the remark that 90% of our tax base is residential, or about $1. 1 billion, talked about the value of our property relative to other cities and he thought a little more about it, looked at the condition of our property, went back into some of the past surveys and comprehensive plans and felt you have a significant problem with some of the housing in this City. He thinks that if it isn't addressed, you will long for the days when you only had Sheffield. It is not to criticize of any past city effort, it is not to criticize the people, it is recognition of what he thinks is a serious issue facing this body. What is asking them to consider tonight is: 1) establishing long-term and substantial funding sources by extending the term of the A3- C7 downtown T1F district for an additional 25 years and use those funds to expand the Rehabilitation Incentive Program, currently administered by GMHC; and 2) establish a scattered site blighted acquisition program. He is recommending this because the tax base is the backbone of the City, 90% of it is residential property, $1. 1 billion, about 70% of the property in this City is owner-occupied and 65% is single-family homes. Older and lower value homes, typically have a higher degree of deferred maintenance, The pictures in the back of the packet are just some examples of the boarded up properties in the City. Fehst stated the homes up on ih street, with the back up of water problems, the homes were boarded up, as the city hasn't been able to get a hold of the owners and they have been deemed uninhabitable for health reasons, one is for sale, one is a drug bust house and another one is un-occupied for health reasons, due to the sewage backup in their basements, these pockets are developing everywhere around the city. Streetar stated the average estimated market value is residential property is $168,900, if you look at the fourth map in the packet you'll see most of the lower value properties are between 3ih and 45th on the west side of Central, If you look at the median year in which property was built in Columbia Heights, we are about ten years older than the metro area. If you look at the age of the property, at the west side the lighter the color the older the property, most of the properties built before 1940 are on the west side of Economic Development Authority Meeting Minutes November 28, 2006 Page 8 0[9 Central in Heritage Heights. The 1992 Comprehensive Plan did a residents survey, which stated 43 % of the respondents indicated the condition of housing in their neighborhood was a problem, 64% indicated the City should provide more assistance renovating deteriorating housing and 96% indicated the City should require owners to properly maintain their housings and apartments. Out of 5,700 owner-occupied properties, 625 or 11 % were rated as poor, 1, 100 or 67% were rated as fair. The Fire Department has had over 1,500 residential complaints, half were related to owner- occupied property and he felt Heritage Heights has been a challenge for 15 years. You have homeowners that cannot afford to replace the items that need to be replaced. What are the resources out there: 1) Federal resources, are the CDBG and HOME program, which have gone down 20% in the last five years, there is a residential rehab program, which isn't heavily subscribed, there is a fair amount of red tape that goes along with it, and there has been 20 or so homes that have participated in that program since 1994, which isn't a lot; 2) if you look at State and Regional resources are two types of loans, where one you can't make over 18,000, mostly for senior citizens with a lot of wealth, but not much income, and secondly there was a "This Old House Program", in the early 90's through the county, which said if you do a value added project, like an addition, they would take the value of that and would not pay property taxes on it for five to ten years, the program was created specifically as an incentive to revive neighborhoods, but was stopped by the legislature in 2003. Lastly, the City has been put in $80,000 over the past five years to fund the Home Rebate program, which has been extremely successful. If you look at your Comprehensive Plan and Goal setting established in 2004 you said acquiring and demolishing the most seriously deteriorated single-family homes and working with private sector to develop appropriate replacement housing was a important, and upgrade property. So the reason he is recommending this is because he doesn't feel there is the resources out there at the Federal, the State or here in the City to invest what you need to do to make an impact on these properties in Columbia Heights, specifically the scattered site program, You appropriated about $900,000 towards the Heritage Heights program about a year ago, if you decided to buy the boarded up property, that money is gone and you would have no more money to do anything else. The A3, C7 T1F District, pre-1979 district, currently generates approximately $630,000 a year in tax increment financing, and if you extend that for approximately 25 years it would generate approximately $16 million, that you could use to buy property in Heritage Heights, invest in home rebate and home improvement programs through GMHC to help homeowners to protect their housing investment. To do this you would need to have special legislation, calling Satveer Chaudhary and Carolyn Lane to get this. He did this in Minnetonka, St. Louis Park, Fridley, Brooklyn Park, all of these have some form of special legislation. The City has a history of doing this as in the early 90's you extended the district by ten years, which paid for the construction of Parkview Villa South, or $6 million. So what he is suggesting is calling a special meeting in two weeks, pass a resolution and take this forward and work with Satveer and Lane to get this special legislation. Economic Development Authority Meeting Minutes November 28, 2006 Page 9 of9 Murzyn Jr. stated this was very interesting and he is 100% behind it. Streetar stated if you allow the district to decertify, the tax payers would see their taxes go down $30 a year on a $168,000 home you loose tax dollars. Fehst stated we have read that when you decertify these districts you loose local government aid, so having Mark Ruff look into it. Fehst stated back in 1996, when he first started here, Mel Colova went out and assessed these houses, we were buying these homes cheap, new homes were built, Robbinsdale did this too, it means a lot to the residents of the City. Streetar stated if you look at what has happened at 4828 5th, a house that GMHC bought and the City helped fund the gap and the homes built at Harold Hoium's properties are a great asset to the City. Nawrocki asked what is the value of the homes on the Hoium property site. Harold Hoium stated there isn't any yard or area to do anything on the property. Bs what he is suggestion, the session started on Jan. 3rd, would suggest a meeting in December to discuss this. Peterson stated we need to move forward with this community. Fehst stated present yourself a little better than maybe some other cities, it is an operational type of thing. Murzyn Jr. stated we should think about it, staff should get some more facts together, if everything looks good, we should hold a meeting a take a look at it. Nawrocki stated the City has been a gradual work in process, yes there is room for improvement. Peterson stated you should go up and talk to the people on Tyler, they aren't happy. Streetar stated he isn't saying it isn't a good place to live, but if you don't keep working on it, One of the smartest things the city ever did was to build the two downtown parkmg ramps. Williams asked if Streetar talked to the people from Porky's. Streetar stated he has contacted them to relocate here. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 8:39 p.m. Respectfully submitted, Cheryl Bakken Community Development Secretary H :\EDAminutes2006\ 11-28-2006 ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING DECEMBER 20, 2006 CALL TO ORDER/ROLL CALL/APPOINT SECRETARY PRO TEM President Don Murzyn Jr. called the meeting to order at 6:30 p.m. Present: Murzyn, Jindra, Kelzenberg, Peterson, Nawrocki, Williams, Diehm PLEDGE OF ALLEGIANCE - recited DISCUSSION ITEMS President Murzyn wished everyone a happy holiday season. Adopt Resolution 2006-14,2007 CDBG Application Bob Streetar, Community Development Director, indicated the City was awarded $974,000 for the parking deck and an additional $147,000 for industrial park cleanup. Randy Schumacher, Community Development Project Manager, indicated that annual Block Grant applications are through Anoka County and through a competitive application. Seven grants have been received in the last five years. The project on 3 ih and Central was the purchase of the Beecroft building and two non- conforming single family homes. Staff has met with the Puerta Del Sol owner that is now interested in developing this property. The wig shop is going out of business. Schumacher stated that we are looking to demo that building and eventually the Puerta Del Sol building. If we can secure dollars for demo it will keep redevelopment costs down. We are also requesting $25,000 to supplement our Comprehensive Plan process this coming year. The application would be for $55,000 demolition on 3ih and Central and $25,000 for the Comprehensive Plan. Murzyn asked what the Comprehensive Plan process would cost. Fehst stated there is $50,000 in the budget for contractor costs. Streetar stated there is a public process cost and engineering issue costs. Nawrocki stated that Council approved $50,000 in the budget for the Comprehensive Plan, so this would double fund it. Streetar stated that the city amount could be reduced if this was received or as in 1991 and 2001 we could do a citizen survey to look at goals and issues. Nawrocki requested information on those surveys. Murzyn stated that the funds can be used for any qualifying project. Nawrocki questioned when the Puerta Del Sol building was set as a project. Streetar stated that Council included it in the 2002 goals they set. Nawrocki questioned why we would demolish the building if the owner is developing it. Streetar indicated that CDBG funds to help with demolition would be better than dealing with a request for TIF. Nawrocki asked what other projects were considered for funding and if this was the highest priority in the community. Streetar listed completed projects, current projects and projects not under consideration at this time and stated that this was taken from the Council's priority list. Nawrocki suggested the CDBG funds be used for housing rehabilitation. Fehst indicated this has been done before. Nawrocki indicated that the resolution allows Fehst to administer the funds and questioned if this authorizes him to buy property. Streetar stated that the resolution allows the City Manager to implement demolition. Nawrocki stated that we should rent out the building until we have a specific plan for the property. He felt that this project is only a staff priority. Murzyn stated the projects these funds could be used for are too numerous to mention. Diehm indicated that the County distributes the funds and we have the right, if priorities change, to take that to the county. Motion by Diehm, second by Williams, to adopt Resolution 2006-14, a Resolution authorizing application for the 2007 Community Development Block Grant program for demolition of the Beecroft and Puerta Del Sol buildings at 3710 and 3800 Central Avenue NE and funding for the City Comprehensive Plan. Upon vote: All ayes. Motion carried. Miscellaneous Schumacher stated that Anoka County funds received for the demolition of the Apache Theater need to be spent by February, and bids for demolition will be received a week from tomorrow. He requested that a special EDA meeting be held on January 8, 15 minutes prior to the City Council meeting to award the low qualified bid. Murzyn indicated that would not be a problem. Nawrocki stated this is a special meeting and that item is not on the agenda and cannot be acted upon. Streetar stated this was just informational and that a special meeting will be requested. Murzyn asked that the notice be sent out. Nawrocki requested a copy of the Met Council project approval. Adopt Resolution 2006-13, Special Legislation Streetar indicated that at the last EDA meeting a memo was distributed describing housing conditions in our city, going back through surveys, and history of our fire and utility departments. It indicates there is a significant part of our housing stock that is in fair or poor condition, with most existing between Central and 45th. There has been declining resources to do housing rehabilitation. Streetar suggested bringing resources in to provide housing grants and low interest loans, to buy blighted property, and help with contamination costs on the Mady's project, that the City establish or extend the A3/C7 TIF district for up to 25 years. That would generate up to $16,000,000 over twenty-five years. This type of thing was used in the 1990's to build Parkview Villa South. He read from the March 14, 1990 City Council minutes regarding the need for redevelopment funds for senior housing. There is a different need today with 5,700 homes that need improvement. Streetar stated that the impact to the average taxpayer with a $168,000 home would be $29.33. He referred to comments in the 1990's regarding funding loss to the county and school district and stated that these funds were raised by the City and the EDA. Murzyn stated the major issue raised every year is the condition of our housing stock. What we have done for housing improvements has been overall very insignificant. Motion by Peterson, second by Williams, to adopt Resolution 2006-13, a Resolution of the Columbia Heights Economic Development Authority (ED A) authorizing staff to pursue special legislation that would establish a substantial and long term funding source by extending the term of the A3/C7 Downtown Tax Increment District for an additional twenty-five years, and use the funds to provide Home Rehabilitation Grants and Loans, to acquire and demolish blighted or vacant residential properties, and remediate contamination. Nawrocki described the history of Park view Villa and concerns that it would be Section 8 housing. Nawrocki stated his concern that this has received no public discussion, or been in the newspaper or on cable. He questioned where areas A 7 and C3 and stated this would be for another 25 years, and this is tax dollars that people could have expected to gain. He indicated that School District #13 and Anoka County would not be happy about this, as they could have expected to draw on the funds for their projects. Fehst stated this is to begin the process and discussion. This is to seek authorization to establish resources to reach our goal to improve housing. Steve Bubul, Kennedy and Graven stated there would be discussion at the Legislature and then the City would begin the normal process of EDA meetings, public notice, and notice to the County and School District. Streetar indicated that we are doing less for residents than we did for seniors in the 1990's. He stated again that the amount not gained by residents would be $29.33. Murzyn stated that the impact is minor compared to the need. The time for input from the public is when you have information available. Kelzenberg stated that we have done nothing for our housing stock and we need to do something. Houses are going down in value. Residents elected us to make decisions and this is a good idea. Peterson called for the motion. Nawrocki asked to be shown where the area is. Streetar pointed out the area included on a map. Upon vote: Williams, aye; Nawrocki, nay; Kelzenberg, aye; Peterson, aye; Diehm, aye; Jindra, aye; Murzyn, aye. 6 ayes - I nay. Motion carried. ADJOURNMENT Motion by Peterson, second by Kelzenberg, to adjourn the meeting at 7:09 p.m. Upon vote: All ayes. Motion carried. Muscovitz, CMC Deputy City ClerkJCouncil Secretary ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES MONDAY, JANUARY 8, 2007 CALL TO ORDER/ROLL CALL Vice President, Jindra called the meeting to order at 6:32 p.m. Present: Absent: Patricia Jindra, Bruce Nawrocki, Gary L. Peterson and Bruce Kelzenberg Tammera Diehm, Bobby Williams and Don Murzyn Jr. PLEDGE OF ALLEGIANCE DISCUSSION ITEM Adopt Resolution 2007-01, Accepting the bid for Building Demolition and Abatement of the Apache Six Theatre Schumacher stated the EDA entered into a Development Agreement with Pratt Ordway Properties for the development of senior housing, a Montessori school, and development of a little over 1 acre for a proposed liquor store. As part of the redevelopment agreement the EDA agreed to assist in the demolition of the Apache Six Theatre up to $115, ODD, which would be paid for with a Community Development Block Grant received through Anoka County. We had Pro Source Technologies do a pre- demo analysis, bid the demolition and the abatement. The bids range from a high of $198,563 and a low of $123,970 from Landwehr Construction. The developer is responsible in the development agreement to pay for anything over the amount of $115,000. Therefore, staff is recommending the bid be awarded to Landwehr Construction for the demolition and abatement of the Apache Six Movie Theatre. Nawrocki asked what the requirement for the distance between a school and a liquor store. Streetar stated our ordinance requires a minimum of 300 feet between a bar (on- sale) from a school, but doesn't apply to off sale, which he also verified with the City Attorney to make sure. Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2007-01, a resolution accepting the low bid from Landwehr Construction for the building demolition and abatement of the Apache Six Theatre, located at 2101 3ih Avenue NE, Columbia Heights, MN in the amount of $123,970. All ayes. Motion Carried, Streetar stated Toni Pistilli, our Metropolitan Council representative will be/resenting the City of the check for the parking deck and clean up at the January 22n meeting, not tonight as previously planned. ADJOURNMENT Motion by Nawrocki, second by Peterson, to adjourn the meeting at 6:37 p,m. All ayes. Motion Carried. Respectfully submitted, ~~ Chery(Bakken . Community Development Secretary H:\EDAminutes2007\1-8-2007 Special Mtg THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, JANUARY 18,2007 2 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Dennis Stroik, Brad Peterson, and Ken Henke. Members Excused: Bob Buboltz Council Representative: Bruce Nawrocki City Representative: Linda Magee Legal Counsel: Steve Guzzetta APPROVAL OF MINUTES The minutes could not be approved since there wasn't a quorum. OLD BUSINESS A. Channel Check Members noted that FSN #27 was not broadcasting any programs and that channels 29,30, and 61 were still unused. Members felt that some type of programming should be shown on these blank channels. B. Correspondence Log and Follow Up on Complaints Staff had not received any new complaints. C. Status of Franchise Renewal A draft agreement was submitted to the City in October. Even though the current franchise expired November 9,2006, things will continue 'as is' since informal discussions to renew the franchise are taking place. Walt, Linda, and Bruce Nawrocki met with Legal Counsel Guzzetta to go over the proposed agreement submitted by Comcast. Guzzetta explained that they discussed the four options to be considered. I. To accept the proposal. 2. To reject the proposal. 3. To negotiate without much prep work being done. 4. To negotiate with a lot of prep work. Guzzetta reported that the decision was made not to accept the proposal as is, and that a letter will be sent to Comcast indicating this, He told members that the franchise can be renewed for a period of 5-15 years. Comcast proposed only a five year agreement as laws may change that could benefit them. Members will be updated on the progress of negotiations at a later date. C. Other Old Business No other old business. TELECOMMUNICA nON COMMISSION MINUTES JANUARY 18,2007 PAGE 2 NEW BUSINESS A. Announcement of Programming Enhancements A letter was received detailing enhancements of channels and programming. One of the changes was renaming the Digital Sports Tier to the Sports Entertainment Package and adding channels to its line up. Other changes were listed in the announcement. Members commented that it appears that more channels are being added to the higher cost tiers and taken out of the basic service tier to make it less desirable. B. Notice of 2007 Rate Adjustments A letter was received December 20, 2006 notifYing the City of price changes for services provided by Com cast. An updated chmmelline-up and rates for the programming, services and equipment were included. These changes are taking effect February 2007. A question was raised regarding the actual amount of franchise fees the city collects since figures on the notifications were different than the 5% figure they assumed was the amount. Guzzetta explained how franchise fees are calculated on gross revenues, and what portion of this is the City's. Nawrocki asked if the FCC is looking at the issue of bundling services vs. going to a more ala carte service. He also asked if the phone companies are lobbying for this type of service. Guzzetta said that the FCC has looked at this issue, but that Cable companies are fighting any orders regarding this matter. He said phone companies main issue is to eliminate local government control over use of Right of Ways. They do not want to incur any expenses for use ofthe'ROW and do not want to have to pay franchise fees as the cable companies now do. Guzzetta stated that Texas has gone to statewide franchising and since that has happened they are not moving ahead building systems very quickly as the phone companies do not have enough money and staff to do the buildouts and upgrades that are required. That is why they are fighting for use of ROW's and to do away with the requirements the cable companies have had to operate under in the past. Guzzetta reminded members that phone companies have just recently gotten into this business. They originally planned to make their money off the long distance market that went down the tubes with the growth in cell phone usage. Therefore, they didn't upgrade their systems to provide cable and high speed internet services like the Cable companies did. He doesn't think the phone companies are in a position to build out systems here, so they probably won't create much competition to Comcast. Plus, they won't be competing for price, just service or quality of service. They won't be charging less than what is being charged now by Comcast or other cable companies. Nawrocki asked if services were unbundled, and subscribers could order ala carte, what would control the pricing on each channel. Guzzetta said nothing would control it unless the FCC stepped in and passed orders regulating the fees. C. Notice of Public Hearing to be held in February re: Cable Rates Linda explained that a Public Hearing must be held to allow the public to voice concerns regarding the rates charged for basic cable services, equipment and installation. The City can only regulate the fees charged for these basic services. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. She reviewed the rates charged in January 2006, June 2006, and the new rates effective February 1,2007. It was noted that Comcast is not charging the maximum rate allowed according to the fonns submitted. A copy of the Council Letter establishing the Public Hearing for Monday, February 12,2007 was included in the agenda packets. TELECOMMUNICA nONS COMMISSION MEETING JANAURY 18,2007 PAGE 3 D. Review of Resolution (Rate Order for Basic Programming Rates and Equipment & Installation Rates) A copy of the Resolutions approving orders for maximum rates on Forms 1240 (Basic Programming Rates) and 1205 (Equipment and Installation Rates) that will be considered by the City Council on February lih were included in the packets with the following summarized stipulations: I. The Resolutions state that the City neither approves or denies the rates, but may function as a rate ceiling during the relevant rate period. 2. That Comcast may not charge any higher rates than those set in the 2006 FCC Fonns. 3. Comcast may charge less than the lawful maximum permitted rates. 4. The City reserves its right to take action if the figures are found to be inaccurate. 5. The City reserves all of its rights, including but not limited to: a. To request and review data concerning the 2007 FCC forms in order to determine the impact, if any, the documents have on rates proposed in future rates b. The right to address issues raised in the 2006 forms that are relevant to any city review of subsequent rate filings. c. The right to request additional information concerning the 2006 forms that is relevant to any city review of subsequent rate filings. 6. The Order constitutes a written decision for purposes of 47 C.F.R. 7. The Order shall be effective immediately upon approval by the City. 8. The order shall be released to the public and to Com cast, and a public notice shall be published stating this Order has been issued and is available to review pursuant to 47 C.F.R. Since there wasn't a quorum of members to make a formal recommendation, she asked what the consensus of members present was for an informal recommendation. It was the consensus of all members present to recommend the City Council hold the Public Hearing and that the Resolutions be adopted as presented. A. Report of IS Dept Re: Streaming Video Per the request of the Cable Commission, the City's IS Technician gathered information and prices to provide streaming video of council meetings on the Internet. He obtained proposals from three companies (Granicus, Implex, and Alpha Video). Since our whole cable system is in need of upgrading, he believes it is best to have a consultant make a recommendation on what should be done with cameras, recording devices, audio-video equipment and computers/software to provide the best service to our citizens at the most reasonable price, prior to streaming council meetings on the web so that the entire system works together. He reported that the major expense for streaming video is off-site hosting of the video files. Staff has budgeted some monies to upgrade our system. The materials provided in the packets were for informational purposes and were in response to Reuben's inquiry on this matter. It was suggested that staff speak with Minneapolis and St. Paul to get information on the feedback they have received from the public regarding this service. The members wished to thank the IS Dept staff for the fine work in gathering the information and preparing the report. Since this is such a huge expense, we will need to re-visit this at a later time once decisions are made on how to upgrade the system so the right equipment can be purchased that will provide the services we wish to have. TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF JANUARY 18,2007 PAGE 4 B. Possible Suspension of Carriage ofWUCW-HD Comcast's agreement with Sinclair's TV station WUCW-HD expires shortly. Although Comcast is in negotiations with Sinclair, it may be necessary to suspend carriage of the station if an agreement cannot be reached. This could happen as early as February 5th if Sinclair elects to pull the station from the Comcast lineup. WUCW on the basic service tier is channel 8, which is not affected by this agreement. C. Other New Business Nawrocki shared a letter he had received from Brian Olson, a former resident, who had problems downloading information off the City's web site. His complaint was that it took too long to do it. Linda passed the letter on to the IS Dept. and they responded to his complaint. Mr. Olson offered some suggestions that would improve the city's services. Most of the things he suggested are already being discussed and budgeted for as the City knows the system needs upgrading. Linda informed the members that the Volunteer Recognition Dinner is to be held March 29th at Murzyn Hall. Invitations were given to those in attendance. The others will be mailed out. She then told members that the City Council will be appointing Robert Peltier to fill the vacancy of Dave Mahoney. Mr. Peltier used to work for the cable company as a Field Service Supervisor. REPORTS A. Report of Commissioners Education- Nothing to report Library- Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports were included in the agenda packets for the commissioners to review. C. Report of Cable Attorney 1. Guzzetta reported that on December 20, 2006 the FCC adopted an Order on Franchising Rules that apply to new companies that allows for forced access in the Right of Ways. Any PEG fees or fees for INET will be taken out of franchise fees. There will no longer be buildout requirements and new companies can pick areas they want to serve. Existing Cable Companies may fight this by demanding they be allowed to operate under the same rules. Current companies could be granted the same rules at the time franchises are renewed. He explained that they haven't actually released the order yet, but it should be shortly. Once they do, he felt certain that lawsuits will be filed as the FCC overstepped their bounds in issuing this order. 2. Guzzetta stated that cities need to be cognizant of Qwest proposing legislation at the State level. Qwest feels the FCC Order doesn't go far enough and is proposing legislation in several states now. So cities may need to contact their legislators if they try to do this in Minnesota. TELECOMMUNICA nONS COMMISSION MINUTES MEETING OF JANUARY 18,2007 PAGE 5 D. Report of the Assistant to the City Manager Adam Davis currently cablecasts our City Council and Planning & Zoning meetings. Since Jean Kuelm retired, we no longer have a back up for this position. Linda asked if anyone from the commission or someone they knew would be interested in serving in this position, and if so, to contact her. She said that the position is paid $10.69/hr. The meeting was adjourned at 8:20 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary CITY COUNCIL LETTER AGENDA SECTION: NO: ITEM: PROPOSAL FOR ARCHITECTURAL SERVICES FOR DESIGN AND CONSTRUCTION MANAGEMENT OF LIQUOR STORES NO: MEETING OF: FEBRUARY 12, 2007 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL BY: WILLIAM ELRITE DATE: FEBRUARY 1,2007 Proposals for architectural and construction management services were received and opened on January 30, 2007. Three companies submitted proposals. On February 2 a staff committee comprised of Walt Fehst, City Manager, William Elrite, Finance Director, Larry Scott, Liquor Operations Manager, and Kathy Young, Assistant City Engineer met with representatives from the three architectural firms that submitted proposals. The purpose of the meetings was for staff to gain a better understanding of the services the architectural firms could provide and to make a determination as to which firm can deliver the best and most cost-effective service to the City. One of the factors involved in this determination were the proposed fees to be charged by each firm. Although this is a significant factor, it is not the most important. The most important factor is the services that will be received and which firm can deliver the best, most cost- effective end product. As two of the proposing companies have fees that are partially based on construction costs, we used an estimated construction cost of 3.5 million to calculate the total cost of their proposals. Based on this, the following is a summary of the costs for architectural contract management services. It should be noted that Oertel Architects is the only company whose service was a 100% flat fee and no portion of it was based on construction costs. Proposed Fees Architectural Firm Flat Fee Amount Fee Based on Construction Costs Total Oertel Architects Bonestroo Welsh Companies $190,000 $190,000 $ 97,650 o $ 43,750 $143,450 $190,000 $233,750 $241,100 Interviews of the three firms went very well and it was the consensus of staff that all three firms are well qualified to perform the services the City is requesting. During the interviews we did discuss the City Council concem that we ensure we are getting the maximum utilization out of the property on 50th and Central and that the first step of the architectural project will be to ensure maximum utilization of the property. RECOMMENDED MOTION: Move to authorize the mayor and city manager to enter into an agreement with Oertel Architects for architectural and construction management services based on their proposal at a cost of $190,000. WE:sms 070201 I COUNCIL I COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 12,2007 AGENDA SECTION: Consent NO: Y ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROVAL ITEM: Establish 2007 Work Session dates BY: Walt Fehst DATE: February 5, 2007 NO: Background: Council members discussed establishing City Council Work Session dates for 2007 at the January 29,2007 Work Session. Suggestions included: . A full Work Session on the first Monday ofthe month beginning at 7:00 p.m. . A shortened Work Session on the third Monday of the month from 5:30 to 7:00 p.m. . In the months with five Mondays - there be a Work Session on the fifth Monday with no Work Session scheduled for the first Monday of the following month. . Because of Labor Day being the first Monday in September, it is recommended that Work Session be moved to Wednesday, September 5th at 5:30 p.m. Recommended Motion: Move to accept the 2007 Work Session calendar as proposed. COUNCIL ACTION: Sun Mon Tue Wed Thu 1 234 Fri Sat 6 5 Sun Wed Mon Thu Fri Tue Sat 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 Lib. Board P&Z 14 15 16 17 18 19 20 11 12 13 14 15 16 17 Telecom 21 22 23 24 25 26 27 18 19 20 21 22 23 24 President Day Holiday Park & 28 29 30 31 27 28 EDA Sun Mon Tue Wed Thu Fri Sat Tue Wed Thu Fri Sat 1 2 3 3 4 5 6 7 Lib. Board P&Z 4 5 6 7 8 9 10 10 11 12 13 14 Lib. Board Traffic P&Z 11 12 13 14 15 16 17 17 18 19 20 21 CC mtg Telecom Telecom cancel Charter 20 21 22 23 24 24 25 26 27 28 EDA Park & HRA Rec. 27 28 29 30 31 EDA Park & Rec. 22 23 24 25 26 19 20 21 22 23 Park & Telecom Rec. 27 30 31 26 27 28 29 30 EDA Park & Rec. Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 3 4 5 6 7 1 2 3 4 Lib. July 4 Board Holiday P&Z 10 11 12 13 14 5 6 7 8 9 10 11 Traffic National Lib. Night Out Board P&Z 17 18 19 20 21 14 15 16 17 18 Telecom Telecom Charter 24 25 26 27 28 21 22 23 24 25 EDA Park & Park & HRA Rec. Rec. 31 28 29 30 31 EDA Sun Man Tue Wed Thu Fri Sat Sun Man Tue Wed Thu Fri Sat 1 1 2 3 4 5 6 Lib, Board p&z 2 3 4 5 6 7 8 9 10 11 12 13 Labor Traffic Day Lib. HOliday Board P&Z 11 12 13 14 15 16 17 18 19 20 Telecom Charter 18 19 20 21 22 23 24 25 26 27 Telecom EDA Park & HRA Rec. 25 26 27 28 29 30 31 EDA Park & Rec. 4 5 6 7 8 9 10 3 4 5 6 7 8 Traffic Lib Board Lib Board P&Z P&Z 11 14 15 16 17 11 12 13 14 15 Telecom 20 21 22 23 24 18 19 20 21 22 Thanks- Thanks- Telecom giving giving Holiday HOliday 27 28 29 30 23 24 25 26 27 28 29 EDA Park & HOliday Christ - EDA Rec. CC mtg mas cancel Holiday Park & 30 31 Rec. Com Sun Man Tue Wed Thu 1 Fri Sat 3 2 Sun Man Tue Wed Thu Fri Sat 1 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 12, 2007 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROV AL ITEM: Establish Date for Annual Board of Review NO: BY: Walt Fehst DATE: February 7,2007 Anoka County has requested that we select the date for the required annual Board of Review. The date tentatively agreed upon is Monday, April 9, 2007 at 6:00 p.m. in the City Council chambers. Staff recommends the Council adopt the following motion: Recommended Motion: Move to establish the date for the Local Board of Review meeting for Monday, April 9, 2007, at 6:00 p.m. in the City Council Chambers. COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 12,2007 AGENDA SECTION: Consent NO: -1 ORIGINATING DEPARTMENT: CITY MANAGER CITY MANAGERS APPROVAL ITEM: Adopt Res. 2007-20 - cancel Council meeting - March 12, 2007 NO: BY: Walt Fehst DATE: February 5, 2006 Background: Monday, March 12,2007 is a regularly scheduled City Council meeting. On Monday, March 12,2007, Mayor Peterson, Councilmember Nawrocki, and Councilmember Kelzenberg will be in Washington D.C. at the National League of Cities Conference. There will not be a quorum available to hold the March 12, 2007 meeting. Recommendation: . Cancel the Monday, March 12,2007 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-20, being a Resolution canceling the Monday, March 12, 2007 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: RESOLUTION NO. 2007-20 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MARCH 12,2007 WHEREAS: The City of Columbia Heights City Council will not have a quorum available for the regularly scheduled Monday, March 12,2007 City Council meeting and; WHEREAS: The City Council has agreed to cancel the regular City Council meeting scheduled for Monday, March 12,2007; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this _ day ofPebruary 2007 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: February 12,2007 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROVAL ITEM: Appointment to Economic Development Authority BY: Walt Fehst DATE: February 12,2007 NO: Background: On February 7, 2007 the City Council interviewed candidate Marlaine Szurek, in consideration for appointment to the Economic Development Authority (EDA). Recommended Motion: Move to appoint Marlaine Szurek to the Economic Development Authority for the term to expire January 8, 2009. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. f: A- POLICE APPROVAL: ITEM: Approve Raffle, Little Voyageurs' Montessori BY: Thomas M. JOhnS~ BY: School, St Timothy's Lutheran Church DATE: February 6, 2097~ DATE: NO, '- Meeting of February 12, 2007 BACKGROUND: The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51 st Avenue N.E., Columbia Heights, Minnesota, has submitted a request to conduct a raffle on April 27 ,2007 in St. Timothy's Lutheran Church, 825-51 st Avenue N.E., Columbia Heights, Minnesota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 27, 2007; and furthennore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. mId Attachments 07-25 COUNCIL ACTION: Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee $50 for each event An exempt permit may be issued to a nonprofit organization conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes durings a calendar year. Page 1 of 2 1/07 For Board Use Only Fee Paid Check No, ORGANIZATION INFORMATION e rs nization. Check ( ) one. D Religious D Veteran (ji( Other nonprofit organization Mailing address A ' r City , . 825 5/sf. ve. AI c. ('OILLi17 viCL4!eL his Name of chief executive officer (CEO) First name /11 h" If e CLO County Ifnoka Last name {' 00 er Daytime phone number '7(03 - '788 -0889 PROOF OF NONPROFIT STATUS Type of proof of nonprofit status. Check (-.I) one, Attach a copy (see below) D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office D Intemal Revenue Service D Affiliate of parent nonprofit organization (charter) U2r Proof previously submitted and on file with the Gambling Control Board Sales tax exempt status or federallD employer numbers are not proof of income tax exempt status, Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standino or Under a national organization - If your organization falls under a national I Nonorofit Articles of Incorooration organization, attach both of the following: Attach a copy of your organization's 1. a copy of the IRS letter showing that your national organization has been Certificate of Good Standing (317A) a registered nonprofit 501(c) organization and carries a group ruling, and showing incorporation as a 2, a copy of the charter, or letter from your national organization, recognizing nonprofit organization. your organization as a subordinate, This certificate can be obtained from: Minnesota Secretary of State Business Services Division 180 State Office Building St Paul, MN 55155 Phone: 651-296-2803 Not under a national organization - If your organization does not fall under a national organization, attach a copy of the IRS income tax exemption [501 (c)l letter in your organization's name. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P,O. Box 2508 Room 4010 Cincinnati, OH 45201 GAMBLING PREMISES INFORMATION ? Check the box or boxes that indicate the type of gambling activity your organization will be conducting: D *Bingo [k}-'Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards *Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo number selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and dick on list of licensed Distributors. Or call 651-639-4000. LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT Page 2 of2 1/07 If the gambling premises is within city limits, the city must sign this application. Check (-.J) the action that the city is taking on this application. _The application is approved with no waiting period, _The application is approved with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). _The application is denied, Print name of city (]olo -M/l)), '0. -' /-Ie- i q j, rs On behalf of the city, 1 acknowledge this appHcauon. ture of city pers n I receiving application CHIEF EXECUTIVE OFFICER'S SIGNATURE If the gambling premises is located in a township, both the county and township must sign this application. Check (-.J) the action that the county is taking on this application. _The application is approved with no waiting period, _The application is approved with a 30 day waiting period, and allows the Board to issue a permit after 30 days. _The application is denied, Print name of county On behalf of the county, I acknowledge this application. Signature of county personnel receiving application Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits, [A township has no staMory authority to approve or deny an application (Minnesota StaMe 349.213, subd, 2),] Print name of township Signature of township official acknowledging application Title Date The information provided in this application is complete and accurate to the best of my knowledge, I acknowledge that the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity, Chief executive officer's signature Name (please print) Complete an application for each gambing activity: . one day of gambling activity . two or more consecutive days of gambling activity . each day a raffle drawing is held Send with the completed application: a copy of your proof of nonprofit status, and $50 application fee. Make check payable to "State of Minnesota". To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Date I Financial report and recordkeeping required A financial report form and instructions will be sent with your permit. Within 30 days of your date of activity the financial report form must be completed and retumed to the Gambling Control Board, Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. If you use a 1TY, call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. Or, check our web site at www.gcb.state.mn.us. Data privacy. This form will be made available in Your name and and your organization's name alternative format Q,e. large print, Braille) upon and address will be public information when request The information requested on this form received by the Board. AD the other information (and any attachments) will be used by the that you provide will be private data about you Gambing Control Board (Board) to determine your until the Board issues your permit, VVhen the qualifications to be involved in lawful gambfing Board issues your permit. an of the information activities in Minnesota. You have the right to refuse that you have provided to the Board in the process 10 supply the information requested; however, if of applying for your permit will become pubfic. If you refuse to supply !his information, the Board the Board does not issue you a permit, an the may not be able to delelmine your qualilications information you have provided in the process of and, as a coosequence, may refuse to issue you applying for a permit remains private, with the a permit. Ifyoo supply the information requested, exception of your name and your organization's the Board will be able to process your application. name and address which will remain public. Private data about ou are available to the foil Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, FInance, and Revenue; the Minnesota legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are spedficaRy aulhorized by state or federal law 10 have access to the information; ind'lviduals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was iven; and a one with our consent. LITTLE VOYAGEURS' MONTESSORI SCHOOL, INC. KAREN jO SMITH 825 51ST. AVE. NE 763-788-0889 COLUMBIA HEIGHTS, MN 55421 17-2-910 3963 (~-~- 20~ ~::~~ '1 (7"ILUn~O ~,M. :::NK d;f~ O//a/7J?Y FIVE STAR SERVICE GUARANTEED USBANK.COM ~ l~o~910000 2 2': Ilb~O IBO~~~~:L___---'" Dollars GJ CITY COUNCIL LETTER Meeting of February 12, 2007 AGENDA SECTION: Consent NO. ITEM: Authorization to purchase two replacement NO. police vehicles ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso DATE January 25,200 BACKGROUND The State of Minnesota has awarded the contract for the delivery of police vehicles for 2007. This award is to Elk River Ford, Inc. of Elk River, Minnesota. The base vehicle price listed in the award for the full size sedan is $20,087. As in past years, the deducts for the full size sedan include, but are not necessarily limited to, engine block heater and rubber floor mats instead of carpet. Add-ons include left side spotlight, courtesy lamps disabled, power front left seat, white roof and doors, remainder of car black, driver/front passenger door lock control, rear handles inoperative, lamp pre-wire group, and driver/front passenger window control. After the deducts and add-ons, the price of the car comes to $20,730. 2 Each 2007 Ford Crown Victoria: 4-door, base price with add-ons and deducts: $41,460 Plus sales tax 6.5% Exempt $41,460 ANALYSIS/CONCLUSION It is our recommendation to the Council that our new marked police vehicles be purchase from the State of Minnesota bid, which has been awarded to Elk River Ford of Elk River, Minnesota. RECOMMENDED MOTION: Move to authorize the purchase of two 2007 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $41.460, and that the Mayor and City Manager are authorized to enter into a contract for same. TMJ:mld 07 -19 COUNCIL ACTION: +7632743338 ~~~.R.. ---.,.-.. ELK RIVER FORD DODGE JEEP FLEET & GOVERNMENT SALES ELK RIVER, MN 55330 LONNY LONNQUIST RAY MCARTHUR WADE TURNER '763-274-33~/l_ .d /? 763-2~;3308 ~. ... _ 763-274-3319 F~:O: ~-~~r~-Q~ D~-::: MINNESOTA CONTRACT NUMBER: 435254 GROUP I FAX: JAN-Z5-Z007 10:04AM FROM-ELK RIVER FORD SALES 17219 HWY 10 NW 2007 FORD CROWN VICTORIA POLICE VEHICLE INCLUDES POL.ICE INTERCEPTOR PKG (720Al 5" ROUND HEAOER UGHT 4.6 v.a ENGINE 3.27 LIMITED SLIP AXL.E (ASC) AOD TRANSMISSION HEATED MIRRORS (e1K) POWER l.OCKS AND WINDOWS RADIO NOISE SUPPRESSION (53M) ClOTH BUCKET S~T FRONT SPEED CONTROL rS251 CLOTH REAR BENCH SEAT ENGINE BL.OCK HEATER (41H) TILT STEERING CARPET W/FLOOR MATS (1281 AIR CONDITIONING PWR DECK LID REL ON DOOR (61 i"ll MAP LIGHT RR DOOR HANDLES lOOP (67R\ FU!~AR WINDOW DEFROST POL.ICE PWR PIGTAil 11791 ASS BRAKES LEFT SPOT !..AMP ISlA.) AWFM S1'EAEO RADIO . FR DOOR MOLDING IN TRUNK f96BI PRICE (Does NOT INCLuoe TAX AND LIC!:NS!:) LESS CREDIT STANDARD PAINT TOTAL PRICE . TOTAL OF OPTIONS FROM PAGE 2 SUB TOTAL FOR EACH VEHICLE EXT POWERTRAIN WARRANTY 3 VA OR 15.000 MILES $1550.00 EXT POWERTRAIN WARRANTY 3 YR OR 100,000 MILES $2060.00 --$50 DEDUCTIBL.E-WARRANTY EXPIRES VA OR MILES WHICHEVER COMES ~IRS"'. TOTAL FOR EACH VEHICLE NUMBER OF UNITS $20.547.00 -$460.00 $20,087.00 3.~~~ ~ )(:J- I GRAND TOTAL FOR ALL UNITS I'Lf I 1. I..f b 0 I DOES NOY INC/.VOfi TAX .$ UCENS! IMPORTANT-TO RECEIVE THIS GOV'T PRICING YOU MUST HAVE A FLEET 10 #: CALL US IF YOU DO NOT RECEIVE CONFIRMATION OF YOUR ORDER. PAYMENT IS DUE UPON DELIVERY OF EACH VEHICLE. ISSUE SEPARATE PO'S IF NECESSARY. T-583 P.002/003 F-4D7 FAX # OF PAGES_ LONNYOELKA1VERFOAOOODGEJEEP.OOM FAX 763-274-3338 /-~7 ;7 b '":5 7 cJ6 "571?5'" -:@~ -370/ EXTERIOR: AQ ARIZONA BEIGE CC M. KR NOASEA SLUE P2 OAIF'TWOOD BEIGE HG SMOKESTONE CC M, JL :lARK TOREADOR RED CC M JP SILVER BIRCH CC M. LK DARK Bl.UE LM ROY AL. BLUE LN l.IGHT BL.UE MET. LS UGHT ICE BL.UE MM WL TRA BLUE TM LIGHT GRA V TN SILVER GRAY UA BLACK WT VIBRANT WHITE CC YG MED TITANIUM au BROWN INTERIOR DARK GRAY LT STONE TAN SEATING THANK YOU ANO PLEASE DO NOT HESITATE TO CALL WITH ANY QUESTIONS I ELK RIVER FORD INC. ... SPECIAL INSTRUCTIONS JAN-Z5-20D7 lD:D4AM FROM-ELK RIVER FORD SALES +7632743338 T-583 POD3/003 F-407 ELK RIVER FORD INC. FLEET ORDER FORM PAGE 2 OPTIONS I LINE DESCRIPTION CODE PRICE ORDER 1 DELETE SPEED CONTROL FOR CREDIT 525 -$189 .--i 2 DELETE: LIMITED SLIP AXLE FOR CREDIT 45C .$ 1 05 3 DELETE BLOCK HEATER FOR CREDIT 41H .$29 "'/F.... I 4 DELETE HEATED MIRRORS FOR CREDIT 1 I 61K -$29 5 DELETE BODY SIDE MLOG FRT NOT INST NO FRT MOLDG (GROUP 1 ONLY) 96B -$25 6 DELETE PWR DeCKLIO REL ON DOOR FOR CREDIT (SWITCH ON DASH ONLY) 61H -$50 7 DELETE REAR DOOA HANDLES INOP FOR CREDIT 67R -$21 8 DELETE CARPETING AND FLOOR MATS FOR CREDIT (HD VINYL FLOOR STANDARD) 128 .$105 '::::IC- 9 DELETE LEFT HAND SPOT LAMP FOR CREDIT (GROUP' ONLY) 51A .$ , 60 10 DELETE RADIO NOISE SUPPRESSION PKG FOR CREDIT I 53M -$80 11 DELETE POLICE PWR PIGTAIL FOR CREDIT 179 -$21 12 ADD SIDE AIR8AGS-DRIVER AND PASSENGER 59M $252 13 ADD AM/FM STEREO W/SINGLE CD I I I 58Z $155 " 14 ADD POWER DRIVERS SEAT 21A $319 ~ 15 ADD SILICON HOSES W/AIFlCRAFT CLAMPS 177 $269 16 ADD HORN SIREN WIRING PREP PKG $34 - 175 '- 17 AOD KEYED ALIKE TO KEY CODE It (lMTD TO SPECIFIC CODES) $42 /'F-- 1B ADD l.AMlNA TED SECURITY SIDE GLASS BBG 5248 . 19 ADD COURTESY LAMP DISABLE 476 $17 ~ 20 DELETE 5" CENTER MOUNT DOME LAMP 54M N/C 21 ADD LEFI HAND SPOTLAMP (GAOuP 2 ONL VI 51A $160 22 ADD MATCHING RIGHT HAND SPOT LAMP (GROUP 1 ONLY) 51Y $126 23 ADD DUAL SPOT LAMPS (GROUP 2 ONLY) 51Y $266 I 24 AOD LATERAL BOW REINFORCEMENT 165 $67 I 25 AOD 3.55 LIMITED SLIP AXL.e (LIMIT TO '19 MPH) $138 26 ADO LOCKING GAS FILLER CAP 98G $8 -1 27 ADD INSTALL FRONT DOOR BODY SIDE MLDG (GROUP1 ONLY sm GROUP21 96A $25 26 ADD POWER ADJUSTABLE PEDALS S9C $W1 29 ADD RADIO 2.WAY PREWIRE 946 $38 30 ADD ROOF WIRING. HOLE IN CTR OF ROOF (INCL LAT SOw REINFORCEMENT) 187 $164 31 ADD ROOF WIRING NO HO!.E IN ROOF 189 $11 l 32 ADD VINYL REAR SEAT IN LIEU OF CLOTH $55 I 33 ADD GRILLE LAMP SIREN SPEAKER WIRING 172 N/C ~'l I 34 ADD TRACTION CONTROL (3.27 RATIO ONLY) 553 $147 I 35 ADD TRUNK PACK W/KEVLAR FAT LINER 14T $160 . I 36 ADD TUIONE PAINT-GROUP 1 ONLY (ROOF, All 4 DOORS) 952 $378 >r- I I 37 ADO TUTONE PAINT.GROUP 1 ONLY (HOOD. AOOF & DECKlID) 953 $378 ! 38 ADD TUTONE PAINT- GROUP 1 ONLY (ROOF, FRONT 2 DOORS ONL Yl 955 $378 39 ADD FULL WHEEL COVERS'GROUP 1 ON!. Y, STO GROUP 2 B4N $38 40 DELETE PWR WINDOWS FlEAR (DRIVER & PASS. SWITCHES ONLY) 948 $21 )>F:.. , 41 ADD DAYTIME RUNNING LAMPS I I I 770 $42 42 ADD BALLISTIC FRONT DOOR PANEL-DRIVERS ONLY I 90l $1,000 43 ADD BALLISTIC FRONT DOOR PANELS DRIVER & PASSENGER 908 $1,999 PACKAGES AVAILABLE 1P ADD FIRE SUPPRESSION SYSTEM 60S $2.936,00 2P ADD PACKAGE TRAY LAMP PREW1RE GROUP 476 $38.00 3P ADD BASE POLICE PREP PKG-N/A W/65N, 6SP, 6SW, 65U 65A $622.00 ~P ADD COMPLETE POLICE PREP PKG-N/A W/65A. 65N, 65W. 65U S8P $1,718.00 5P ADD READY FOR THE ROAD PKG-N/A W/68P, 65N. 6SW, 65A 65U $3,436.00 * 1 oP ADD VIS181L1TY PKG.N/A W/65U. 65A. BBP. 65N 6SW $2,570.00 7P ADD VISIBILITY BASE PKG.N/A W/65A. 65U, 68P. 65W 65N $1.617.00 i TOTAL OF ALL OPTIONS ADDED TO ORDER Jr &c/~i~ l SERVICE MANUAL ELECTRIC MANUAL EMISSIONS MANUAL PARTS MANUAL Admin Minnesota Materials Management Division Room 112 Administration Bldg., 50 Sherburne Ave" St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651,297,3996 For TTYrrDD communication, contact us through the Minnesota Relay Service at 1,800.627.3529. CONTRACT RELEASE: A-174(5) DATE: DECEMBER 18,2006 PRODUCT/SERVICE: AUTOMOBILES: 2007 MODEL YEAR PATROL TYPE - FORD CROWN VICTORIA CONTRACT PERIOD: OCTOBER 4,2005, THROUGH AUGUST 31,2007, OR END OF MODEL YEAR EXTENSION OPTIONS: NONE ACQUISITION MANAGEMENT SPECIALIST: JACKIE FINGER PHONE: 651.201.2436 E-MAIL: jackie.finger@state,mn.us WEB SITE: www.mmd.admln.state.mn.us CONTRACT VENDOR ELK RIVER FORO 17219 Highway 10 NW PO Box 304 Elk River, MN 55330 CONTRACT NO. TERMS NET 30 DELIVERY 60.120 DAYS ARO 435254 VENDOR NO.: 084212004-00 CONTACT: Wade Tumer PHONE: 763.274,3319 or 800.441,2300 or Dean Lonnquist FAX: 763,274.3338 ~*~**W~**.*.*~*****************************************~**...****.****_**************W**+************.+*********~.**..*****..w****.****... CONTRACT USERS. This Contract is available to State agencies and to members of the State's Cooperative Purchasing Venture (CPV) program at the same prices, terms, and conditions. Purchasers should thoroughly review the Contract Release - only the goods and seN/ces that are Identified in the Contract can be purchased through the Contract. If the purchaser deviates from the specifications, terms and conditions of the Contract State agencies must comply with Authority for Local Purchase (ALP) requirements and CP\i members must comply with their local government purchasing regulations, STATE AGENCY CONTRACT USE. This Contract must be used by State agencies unless a specific exception is granted by the Acquisition Management Specialist listed above. AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. State agencies should use a Contract release order (CRO) or a blanket purchase order (BPe). The person ordering should include his or her name and phone number. Orders may be submitted via fax. SPECIAL TERMS AND CONDITIONS SCOPE. The purpose of the Contract is to provide a source for State agencies and Cooperative Purchasing Venture (CPV) members to purchase new 2007 Ford Crown Victorias, rear wheel drive, Police type vehicles, on an as needed basis. . Contract Release 8 (08/05) Contract Release A-174(5) All vehicles sold will be new equipment of the 2007 production model and must include Original Equipment Manufactured (OEM) equipment. Any options purchased against the Contract must be OEM, All equipment sold against the Contract must meet all State and federal regulations, Equipment that is not 2007 production, or used equipment, may not be purchased against the Contract The Contract Vendors may not substitute a 2008 model for a 2007 model that is ordered unless an exception is granted by the Acquisition Management Specialist (AMS) prior to the delivery. The exception will be based upon when the original purchase order was entered with the manufacturer and when the Contract Vendor was notified of a build-out date by the manufacturer or their representative, and any other information useful to make the determination for approval. The Contract Vendor may not accept an order for a vehicle after the manufacturers published build-out date. New 2007 vehicles may be ordered directly with the Contract Vendor if an amendment to extend the Contract term has been executed. PRICES, Prices listed shall remain firm for the initial term of the Contract Prices shall be maximum and not subject to increase. The price includes all required equipment listed on the Price Schedule. In addition, all items listed under "Options list AI> on the Price Schedule are priced with the lowest manufacturer to dealer price, The price offered includes all "standard" features offered by the manufacturer and the optional features listed on the Price Schedule (if different from the "standard base package"). Any items that are deleted or de-selected from the equipment list by the purchaser wifl be at the dealer price that was offered. Optional equipment must be the best manufacturer to dealer invoice price available, NOTE: At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS immediately and fifl out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. All prices listed are FOB DESTINATION, DELIVERED to the purchaser. PRODUCT OR SERVICE COMMODITY CODe 250-01-000000 250.01-000000 250-01-000000 KlIN 00001 00002 00003 ENV, CODE. NO NO NO Police Crown Vie - Group I Police Crown Vie - Group" Optional Equipment DELIVERY REQUIREMENTS. All orders must be delivered within 90 to 120 days after receipt of order or a negotiated delivery date with the purchaser, FOB Destination, freight charges prepaid and allowed, unless otherwise noted on the purchase order. No delivery can be made on Salurday, Sunday or State holidays or after 4:00 p.m., on weekdays without prior approval from the agency to which the vehicle is to be delivered. Invoices may be issued from the day the vehicle is delivered, The payment terms of Net 30 do not begin until the vehicle is inspected and accepted by the purchaser or, if the vehicle is being held by the dealer, the day the vehicle is accepted by the purchaser, If the Contract Vendor fails to meet the required delivery date agreed to by the Contract Vendor and the purchaser, the purchaser reserves the right to cancel the purchase order without any penalty charges from the Contract Vendor and consider the Contract Vendor in default as outlined in the Special Terms and Conditions of the RFB. If the Contract Vendor is requested to hold the vehicle until the purchaser or the outfitter picks up the equipment, if, after two business days the equipment has not been picked up by the purchaser or the outfitter, the Contract Vendor must notify the purchaser to expedite the pickup order with the outfitter. If, after four business days the equipment has not been picked up by the purchaser or the outfitter, the Contract Vendor should notify the AMS. EQUIPMENT WARRANTY. The manufacturer's standard warranty service shall be applicable, A copy of the warranty should be included to the purchaser at the time the quotation is submitted by the Contract Vendor, Warranty time periods are to commence at the time of the purchaser's acceptance of the vehicle, Contract Release 8 (08/05) Page 2 of 6 Contract Release A~174(5) ORDER PROCESSING, Any final quotations provided to the purchaser must include a dealer's print-out for the vehicle being requested, showing how the vehicle is equipped, and must be at the prices offered. If there is any inaccurate infonnation in the print-out, the Contract Vendor must may make corrections in ink and then must initial that correction prior to submitting it with the quotation, The Contract Vendor should indicate the lead time for delivery to the purchaser at the time the quotation is submitted, Prices submitted to a state agency in response to a quotation should not include Federal Excise Tax; the State is exempt A Federal Excise Tax exemption certificate will be furnished upon request. NOTE: No terms providing for interest on invoices not promptly paid by the State shall be included in price quotation to the purchaser. Any such interest is controlled by the terms of Minn, Stat. ~ 16A 124, Quotations shall not contain terms which require the State or CPV Members to pay for the purchase prior to 30 days after receipt of the invoice or 30 days after the State's acceptance of the merchandise, whichever is later. All vehicles sold will be new equipment of the latest production model and must include OEM equipment and options. All equipment sold against the Contract must meet all state and federal regulations. The Contract Vendor must accept all orders and provide a written confirmation to the purchaser within 72 hours after receipt of order and must include the estimated delivery date of the equipment. It Is the Contract Vendor's responsibility to keep the purchaser informed of the status of the purchase order. Any extras or options that the purchaser requests that are not included in the Contract must be purchased on a separate order, State agencies must comply with all State purchasing regulations. Quotations must not contain terms which require the State or CPV Members to pay for the purchase prior to 30 days after receipt of the invoice or 30 days after the State's inspection and acceptance of the merchandise, whichever is later. OPTIONAL EQUIPMENT. The State intends that any optional equipment and packages that are available from the manufacturer for this type of vehicle be included at the lowest dealer net price. If there are similar Items covered by other State Contracts, the State agency may choose which Contract to purChase from. If, during the term of the Contract additional non-standard options are required from the dealer, the State reserves the right to add the items to the Contract, at the lowest dealer price. The State also reserves the right to secure bids for these items separate and aside from the Contract If "aftermarket" accessories are requested by the purchaser, it must be handled separate and aside from this Contract. ORDER CUTOFF DATES. The Contract Vendor must notify the State of the manufacturer's cut-off dates on equipment under Contract within five (5) business days after receipt of notice from of the manufacturer. Notification may be sent via FAX or e-mail to the AMS listed in the RFB, Failure to notify the State may result in disqualification from future State Contracts, PRE-DELIVERY AND SERVICE FOR ALL VEHICLES. Prior to the delivery, the vehicle must be completely serviced by the Contract Vendor (dealer), or must be certified by the Contract Vendor (dealer) that it has been performed, in accordance with the manufacturer's standard "make-ready" recommendations. The vehicle must contain at least one- quarter tank of fuel when delivered. Each vehicle must contain a pre-delivery check sheet showing which operations have been performed on the vehicle by the selling dealer. Factory pre-delivery will not be acceptable. Any work found incomplete, not covered by warranty, will be done in the field and the cost billed back to the Contract Vendor. Manufacturer's Statement of Origin (MSO) must be delivered with the vehicle. The agency shown must be the same as the bill-to address on purchase order for licensing and recall notices. TAXES. The State of Minnesota is required to pay 6,5 percent State Vehicle Excise Tax, DO NOT INCLUDE the Vehicle Excise Tax in the price offered. The agency will pay the Vehicle Excise Tax directly to the Department of Public Safety, The Contract Vendor should confirm with CPV members how sales tax is to be invoiced. Contract Release 8 (08/05) Page 3 of 6 Contract Release A-174(5) VEHICLE LICENSING. The Contract Vendor (dealer) is responsible for licensing and transfer of title to the purchaser. As stated in Minn. Stat S 168,092, Subd, 1 and 2: The motor vehicle registrar may issue a permit to a person purchasing a new or used motor vehicle in this State for the purpose of allowing the purchaser a reasonable time to register the vehicle and pay fees and taxes due on the transfer, The permit is valid for a period of 21 days, The permit must be in a form as the registrar may determine and, whenever practicable must be posted upon the left side of the inside rear window of the vehicle. Each permit is valid only for the vehicle for which issued, The registrar may issue a quantity of permits to licensed dealers. When issuing a permit, the dealer shall complete the permit in the manner prescribed by the department One copy of the permit shall be retained in sequential order in the dealer's files. If the purchaser desires to have the Contract Vendor process the required paperwork for licensing and title transfer, the Contract Vendor may not charge any documentation fee. PURCHASE ORDERS. All purchase orders issued by State agencies against the Contract will be made on a State of Minnesota purchase order form, showing the "ship-to," and "bill-to" addresses, BILLING. The Contract Vendor must submit separate invoices (one original and two copies) for each purchase order to the "bill-to" address as shown on the purchase order. ADVERTISING. The use of television, radio or newspaper for advertising purposes resulting from a contract award is prohibited unless prior written approval has been received from the State of Minnesota, Materials Management Division. PUBLICITY. The Contract Vendor must not make any representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Contract without the prior written consent of the State. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs and similar publiC notices. DEFAULT. All equipment furnished will be subject to inspection and acceptance by the ordering agency after delivery, No substitutions are permitted without prior written approval of the ordering Agency or the Materials Management Division, The Materials Management Division can cancel the Contract, or any portion thereof for failure to meet specifications of the bid or defaults in promised delivery, purchase vehicles from other sources and charge the full increase in cost, if any, to the defaulting Contract Vendor. The Contract Vendor must give written notice to the Materials Management Division, attention Jackie Finger, and the ordering agency as to the reason for delay and the expected delivery date, A Contract Vendor may be removed from the bidder list andfor suspended from receiving awards for consistent failure to meet specifications or deliveries without a valid reason or for failure to pay the State for the costs incurred for defaulted contracts. INSPECTION. The Contract Vendor must notify the receiving agency at least 72 hours before delivery to allow for inspection and compliance, This inspection will be made to check workmanship, specifications and compliance with manufacturer's make-ready procedures and will not preclude or replace final inspection and approval of the using agency, A copy of the factory make-up sheet and a copy of the make-ready service check list, signed by the service manager, must be available for review when vehicles are ready for inspection. This service list must accompany the delivery slip when the unit is delivered, NAMEPLATES. Dealer name plates, decals, etc., denoting the selling dealer are not to be affixed in any manner to any new model vehicle delivered, GENERAL REQUIREMENTS FOR POLICE VEHICLES. Vehicles offered must be latest current production model with all factory standard equipment far the model furnished whether or not specifically called for herein. All vehicles furnished shall comply in all respects with Federal Safety Standards in effect at the time of production. Where optional over standard equipment is specified herein it shall be the manufacturer's heavy duty quality not less than supplied in the manufacturer's advertised "police package" as tested by Michigan State Police and Michigan Department of Management and Budget. It is intended that the manufacturer in the selection of components will use materials and design practices that are the best available in the industry for the high speed law enforcement work to which the vehicle will be subjected, All component parts of the vehicles shall be heavy duty; selected to give maximum performance, service life and safety, and not selected merely to meet the minimum requirements of this specification. Contract Release 8 (08105) Page 4 of 6 Contract Release A-174(5) The term "heavy duty" as used in these specifications shall mean that the item to which the term is applied shall exceed the usual quantity, quality, or capacity supplied with standard production vehicles, and it shall be able to withstand unusual strain, exposure, temperature, wear and use. Performance of the individual cars shall meet the current years Michigan State Police testing results. All necessary adjustments to meet these required standards shall be made at no cost to the purchaser. All vehicles shall be uniform in production with like accessories and components. All standard and optional equipment as specified and offered by the manufacturer must be factory installed. Any variation or substitution must be submitted to the State for written approval. Standard manufacturer's warranty service; warranty time periods to commence at time of purchaser's in-service date, Extension of (owner transferable) basic manufacturer's warranty to be proposed as an add-on option. All available warranty extension plans should be outlined and priced by the vendor out to at least four (4) years1100.000 miles, ELECTROMAGNETIC INTERFERENCE SUPPRESSION IN VEHICLES All vehicles purchased under the Contract shall meet the requirement ofSAE standard J551g. Vehicles purchased for Public Safety use will be expected to have additional reduction of EMI from 10 to 15 DB by employing new techniques (as documented in NBS Pub, #480-44) in EMI suppression. This reduction shall be in the frequency bands of 150 MHZ to 900 MHZ, and shall apply to both conductive interference and radiated interference. Measurement of receiver degradation for the maximum allowable degradation of 3DB for Public Safety vehicles purchased under this contract shall be that outlined in NBS Publication 480-44 "Methods of Suppressing Automotive Interference", The intent of the requirement is to provide vehicle RFI noise suppression in the Public Safety frequency band for mobile radio equipment that will be installed by the State in the vehicle. REVISIONS: 12118/06 9-29-06 7-6-06 Added vehicle cutoff information from the Contract Vendor. Contract 435254 is amended as follows: The Slate of Minnesota will allow the 2007 Model Year (MY) Ford Crown Victoria Police Interceptor automobile to be substituted for the 2006 MY Ford Crown Victoria Police Interceptor on Contract 435254, through August 31, 2007, or until the el}d of the 2007 model year. The price will be at the same net price as the 2006 MY vehicle and will include the same equipment and option features as originally contracted.. If the triple net price is lowered on the 2007 MY vehicle, the lowered triple net price must be passed on to the State. The 2007 model includes additional features to the base package, they must be included on any vehicles sold. If Ford Motor Company offers any increase in the GPC to the Contract Vendor, it must be passed onto the State immediately. Contract 435254 Is amended as follows: The State of Minnesota will allow 2007 MOdel Year (MY) Ford Crown Victoria Police Interceptor automobile to be substituted for the 2006 MY Ford Crown Victoria Police Interceptor on Contract 435254, at the same triple net price as the 2006 MY vehicle and with the same equipment and option features as originally contracted. If the triple net price is lower on the 2007 MY vehicle, the lower triple net price must be passed on to the State. If the 2007 includes additional features to the base model, they must be included on any vehicles sok1. If Ford Motor Company offers any increase in the GPC to the Contract Vendor, it must be passed onto the State immediately. The Contract Vendor may not adjust the Total Bid Constant. Contract Release 8 (08/05) Page 5 of 6 Contract Release A-174(5) CONTRACT PRICES VEHICLE TOTAL. DEliVERED PRICE $20,547.00 Ford Crown Victoria Group I New 2007 Production Model, 4 Door with Police Package, Gamet Red Clearcoat, 1994 Ford Color Code "EE" Ford VSO Paint Form 107 58Moa with required equipment and features listed in the specifications. ford Crown Victoria Group II New 2007 Production Model, 4 Door with Police Package, manufacturer's standard colors with Clearcoat. Street Appearance Group required and will include required equipment and features listed in the specifications. $20,022,00 DEDUCT FOR CUSTOMER PICKUP - $50.00 Contract Release 8 (08/05) Page 6 of 6 CITY COUNCIL LETTER Meeting of February 12,2007 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: FIRE CITY MANAGER ITEM: AUTHORIZE THE CAPITAL EQUIPMENT REPLACEMENT OF RESCUE 3, 2001 FORD EXPEDITION BY: Gary Gorman BY:/ /tt DATE: DATE: January 25, 2007 Background: Rescue 3 is a 2001 Ford Expedition purchased with the intent of having a smaller, less expensive vehicle to perform much of the daily details and inspections of the Fire Department in place of using more expensive ambulances and pumpers. Planned replacement for this vehicle is every five years but due to recent budget constraints the replacement was pushed back a year. The mileage of the vehicle is 47,944 but more importantly it has 5,441 engine hours, which translates to 179,553 miles per the manufacturers formula. Analysis/C onclusions: Fire Department staff has looked at different types of vehicles and is recommending replacement of the Expedition with a one-ton 4x4 pick up truck with a utility box in the rear. This is similar to the utility trucks that are purchased by our Public Works department. This type ofvehic1e will give us greater flexibility with the type of equipment we can carry and better access and care of our EMS equipment. The City Mechanic also recommends replacement of Rescue 3, as a first out emergency vehicle, at this time. Stafflooked at different types of vehicles and recommends replacing Rescue 3, as a first out emergency vehicle, with a new Ford F350 4x4 XL Super Duty Super Cab truck, and eight- foot utility box from the State of Minnesota Purchasing Contract, and graphics, emergency lights and electrical work, and mounting hardware for equipment from the following vendors: Pickup Truck Quote: $22,689 E]k River Ford Utility Box Quote: $10,150 Truck Utilities Inc Graphics Quote: $450 Advance Graphix, Inc. Emergency Lh!hts & $10,100 Electrical Quote: Emergency Automotive Techno]ogies Mounting Brackets for $1500 Equipment Quote: Fire Equipment Specialties RECOMMENDED MOTION: Move to authorize the purchase of one (1) new Ford F350 4x4 super duty super cab pickup tmck from Elk River Ford in the amount of $22,689; and an eight foot fiberglass utility box from Tmck Utilities Inc, in the amount of $10,150; and a graphics package from Advance Graphix Inc. in the amount of $450; and emergency lights and electrical work from Emergency Automotive Technologies in the amount of $10,100; and mounting brackets for equipment from Fire Equipment Specialties in the amount of $1500. Funding shall be from the Fire Capital Equipment fund 439-42200-5150. COUNCIL ACTION: Rescue Vehicle Ford F350 4x4 XL super duty super cab $22,689 State bid Contract #436604 Elk River Ford, 17219 Hwy. 10 N.W. Box 304 Elk River, MN 55330 763-274-3308 8' Fiberglass Utility box 24" deep compartments $10,150 State Bid Truck Utilities Inc., 2370 English Street St. Paul, MN 55109-2098 651-484-3305 Graphics Package $450 Advance Graphix Inc. 3600 Labone Road Suite #3 Vadnais Heights, MN 55110 651-490-3221 Emergency Lights and Electrical work $10,100 Emergency Automotive Technologies 2755 Geneva Ave. North Oakdale, MN 55128 651-765-2657 Mounting Brackets for Equipment $1500 Fire Equipment Specialties P.O. Box 25232 VVoodbury,~N 55125 651-730-4636 Total cost for Rescue Vehicle $44,889 Admin Minnesota Materials Management Division Room 112 Administration Bldg" 50 Sherburne Ave" St. Paul, MN 55155; Phone: 651,296,2600, Fax: 651,297,3996 For TTY/TDD communication, contact us through the Minnesota Relay Service at 1.800.627,3529. CONTRACT RELEASE: T -642(5) DATE: JANUARY 4, 2007 PRODUCT/SERVICE: TRUCKS: 2007 MODEL YEAR PICKUP AND LIGHT DUTY TRUCKS The Governor's Executive Order 04-10 calls for the purchase and use of fuel-efficient vehicles and cleaner fuel vehicles. Ethanol (E85) and biodiesel fuel (B2) are defined as a cleaner fuel in Minnesota. The State of Minnesota has invested in flex fuel vehicles that can be operated on E85 fuel. In order to comply with the Governor's Executive Order, it is the intent of the vehicle acquisition contracts to make fuel efficient and cleaner fuel vehicles available for State agencies to purchase. CONTRACT PERIOD: AUGUST 15,2006, THROUGH AUGUST 31, 2007, OR END OF MODEL YEAR EXTENSION OPTIONS: UP TO 12 MONTHS ACQUISITION MANAGEMENT SPECIALIST: JACKIE FINGER PHONE: 651.201.2436 E-MAIL: jackie.finger@state.mn.us WEB SITE: www.mmd.admin.state.mn.us CONTRACT NO. TERMS DELIVERY CONTRACT VENDOR ELK RIVER FORD 17219 Highway 10 NW PO Box 304 Elk River, MN 55330 436604 NET 30 60-120 DAYS ARO VENDOR NO.: 084212004-00 CONTACT: Lonny Lonnquist or Wade Turner PHONE: 763,274,3339 or 800.441,2301 FAX: 763.274,3338 ******************************************************************************************************************************************** RIVERFRONT FORD 3859 Highway 61 West Red Wing, MN 55066 436605 NET 30 60.120 DAYS ARO VENDOR NO.: 200275154-00 CONTACT: Lycia Jedlicki PHONE: 1-651-385-2666 or 800,816.4492 FAX: 1-651.385,2665 ******************************************************************************************************************************************** NELSON DODGE/GMC 2228 College Way Fergus Falls, MN 56537 436606 NET 30 60 - 120 DAYS ARO VENDOR NO.: 200355988-00 CONTACT: Gerry Worner PHONE: 218.739,2283 X123 or 800.7267564 FAX: 218.739,6021 Contract Release 8 (08/05) Contract Release T-699(5) CONTRACT VENDOR CRYSTEEL TRUCK EQUIPMENT 1130 73rd Ave NE Fridley, MN 55432 VENDOR NO.: 128823002-00 PRICE PER LOADED MILE: $1,90 CONTRACT NO. TERMS DELIVERY 437075 NET 30 30 DAYS ARO CONTACT: Bob Brandenburg PHONE: 763.571.1902 EMAIL: bbrandenburg@crysteeltruck,com FAX: 763,571.5091 ********************************************************************************************************.***+******************************* CONTRACT VENDOR MIDLAND EQUIPMENT CO. 21980 Kenrick Avenue Lakeville, MN 55044 VENDOR NO.: 161881000-00 PRICE PER LOADED MILE: $1.50 CONTRACT NO. TERMS DELIVERY 437078 NET 30 60-90 DAYS ARO CONTACT: William Fink EMAIL: midequ@frontiernet.net PHONE: 952.469.1006 FAX: 952.469.1152 CONTRACT VENDOR *******************.**************************************************.***.**.~*******~**~********************************************~***.* NORTH CENTRAL TRUCK EQUIP 2629 Clearwater Road S St. Cloud, MN 56301 VENDOR NO.: 200298652-00 PRICE PER LOADED MilE: $1,80 CONTRACT NO. TERMS DELIVERY 431079 NET 30 90 DAYS ARO CONT ACT: Dan St. Sauver EMAIL: dans@northcentraltruck.cam PHONE: 320.251.7252 FAX: 320,252,3561 ******~w*~***~**************************.*****************.~******~**~*******~***************#*************************~***.**************** CONTRACT VENDOR RED HORSE TRUCK BODY & HOIST E5484 County Road SS Menomonie, WI 54751 VENDOR: 200553761-00 PRICE PER LOADED MILE: $1,50 CONTRACT NO. TERMS DELIVERY 437080 NET 30 120 DAYS ARO CONTACT: George Stroebel PHONE: 715.235,8282 EMAIL: gstroebel@redhorsetruck,com FAX: 715.235.8515 CONTRACT VENDOR ****.******~*************************~****************************************************************************************************** STONEBROOKE EQUIPMENT, INC 6022 Pillsbury Ave. S Minneapolis, MN 55419 CONTRACT NO. TERMS DELIVERY 437081 NET 30 30 DAYS ARO CONTACT: John Holman PHONE: 612,861,5047 EMAIL:equipmentsolutions@gmail.com FAX: 612.465.8198 VENDOR: 170461003-00 PRICE PER LOADED MILE: No charge ***************.****.*..************************~********************~******.************w**************************-*********************** CONTRACT VENDOR TRUCK UTILITIES, INC 2370 English Street Sf. Paul, MN 55109 VENDOR NO: 011772000-00 PRICE PER LOADED MILE: $1,50 CONTRACT NO. TERMS DELIVERY 437082 NET 30 30 DAYS ARO CONTACT: Craig Capeder PHONE: 651.484.3305 EMAIL: truckutl@maiLtruckutilities.com FAX: 651.484.0076 *************************************************************************************************'k*****~******~**************k*******k****** Contract Release 8 (08/05) Page 2 of 9 6 LAW and ORDER July 2006 ON THE JOB High Mileage Patrol Cars "Why can't your officers put 200,000 miles on their police cars? I do it on my personal car," How many chiefs, sheriffs and fleet managers have had to field a question like that from a tight-fisted city council member, or otherwise well- meaning citizen? The answer is that you CAN put 200,000 miles on police cars! In some cases, you already are putting that mileage on but just don't know it. In cases where you are not, all it takes is a lot of money for preventative maintenance. First, most police sedans are taken out of service with between 90,000 and 115,000 miles on the odometer, Based on five in service, an of idling per shift, three shifts a day Feel free to fill in your own assumptions in the calculation. A take-home car in the above example (one shift a day, five days a week) would still have nearly 150,000 actual miles on an odometer displaying just 100,000IDiles.I<lH~gjust()AY houra~p.i1:'tii~~<l~i~tl~~.ti2Pyp.t();tP.9()doIIleterrea<iing'<.All you have to do is explain to the council member why the emergency vehicle needs to idle while his car doesn't. Second, it is entirely possible to run 200,000 or 350,000 odometer miles on any vehicle. You just have to keep replacing parts. Longevity costs money, How long do you want to go? The prudent fleet managers, who report to prudent city managers, know that the lowest overall fleet cost comes from avoiding the first major repair expense. That first expense is probably the engine for city and urban departments and the trans- mission for county and highway agencies, If you lose engines at an average of 105,000 miles or transmissions at an average of 85,000 miles, you should be able to make your case. If not, and you could find yourself putting $5,000 into a very old, high-mileage car, Beyond that, all it takes is money to keep the police car in service, indefinitely, As some departments with very high-mileage cars have experienced this, virtual- ly every major system on the car needs replaced, You see this a lot where money is tight, and access to maintenance money is easier than access to new vehicle money, Of course, for those keeping score, the total cost of ownership goes up for this "rob Peter, pay Paul" style of fleet management. Above all, these are emergency vehicles we are talking about, not daily drivers. They are driven harder than the city council member's car, have much heavier electrical loads, carry much heavier cargo loads, and are on call 24/7, Does he want a police car with 280,000 miles responding at high speed to his emergency? Zd( ~~ ED SANOW EDITORIAL DIRECTOR 130 Waukegan Rd, 2nd Floor' Deerfield, lL 60015 Phone: (847) 444-3300. Fax: (847) 444-3333 Contact Ed Sanow via e-mail at<esanow@hendonpub.com>. CITY COUNCIL LETTER Meeting of: 2/12/07 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: CONTRACT ADDENDUM FOR ENGINEERING INSPECTION SERVICES BY: K. Young DATE: 2/6/07 Background: The City Council authorized a professional services agreement with Bolton and Menk for Engineering Inspection Services at their regular meeting on June 26,2006, The purpose of the agreement was to provide the services of an experienced engineering technician for construction inspection on Huset Parkway, Park View Phase II, Central Avenue Storm Sewer and other projects. This was needed due to the unanticipated retirement of a senior engineering technician. Analysis/Conclusions: The initial estimate of time was for an approximately four-month period. Services of the engineering technician were needed longer than anticipated, especially on Huset Parkway and Park View Phase II projects, The table below compares the estimated time compared to the actual time spent on the projects. Staff recommends approval of Contract Addendum No, I. Proiect Huset Parkway Project 0404 Park View Phase II - Project 0606 Central A venue Storm Sewer Project 0503 Engineering Department and Other Estimated Hrs 252 288 108 72 Actual Hrs 443,5 492.5 71.0 88.5 Recommended Motion: Move to authorize Contract Addendum No, I to Bolton and Menk, Inc, for additional Engineering Inspection Services added by the City, in the amount of$27,4l1.50 with funding out of State Aid and Huset Parkway Phase II Development Agreement KY:jb Attachment: Addendum No, I COUNCIL ACTION: ADDENDUM NO. 1 To AGREEMENT TO PROVIDE ENGINEERING INSPECTION SERVICES Owner: City of Columbia Heights Date of Issuance: February 5, 2006 637 38th Avenue N,E, Columbia Heights, MN 55421 Consultant: Bolton and Menk, Inc. Engineer: City Engineer 12224 Nicollet Avenue Burnsville, MN 55337 You are directed to make the following changes in the Contract Documents: Description: Change in original agreement cost to compensate for additional work added to the agreement by the City, Purpose of Addendum: The agreement has been modified to include additional hours of engineering inspection services due to the construction schedule, CHANGE IN AGREEMENT COST Original Agreement Cost: $ 52,560,00 Previous Addendums No, to No. - None Agreement Cost Prior to this Addendum: $ 52,560,00 Net Increase of this Addendum: $ 27,411.50 Agreement Cost with all Approved Addendums: $ 79,971.50 Recommended Approved By: j.., ,. -~ 11 I i"'..,-c .1 lY\ f"l Lfl ~QJ-I By: Cit v Engin-der U iJ Bolton and Menk, Inc, Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager CITY COUNCIL LETTER Meeting of: 2/12/07 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: FINAL PAYMENT FOR HUSET PARKWAY PROJECT BY: K. Young DATE: 2/8/07 BY: DATE: Background: The Contractor completed the Huset Parkway construction work in December. The work consisted of Utility Improvements which included sanitary sewer, storm sewer with pond, and water main; Street Improvements which included removals, soil corrections, new concrete curb and gutter, new bituminous pavement, a new center entrance median at 3th Avenue, and a roundabout at Jefferson Street; and Streetscaping which included a new bituminous trail and new concrete sidewalk, decorative crosswalks, street and pedestrian lighting, plantings, trees and signing. Analysis /Conclusions: Staff is recommending acceptance of the work and approval of payment to Frattalone Companies, A copy of the final payment voucher and the Engineer's Acceptance Report is attached, A total of $10,086,64 is being encumbered during the warranty period for trees and plants. This will be released when the warranty has been fulfilled in accordance with the specifications and to the satisfaction of the City Engineer. Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the Huset Parkway Project, City Project Number 0404, and authorize Payment of$97,609.83 to Frattalone Companies ofSt. Paul, Minnesota, KY:jb Attachment: Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. DATE: PERIOD ENDING: CONTRACT: PROJECT NO. FINAL February 5, 2007 December 31,2006 Huset Parkway 0404 TO: Frattalone Companies 3205 Spruce Street S1. Paul, MN 55117 Phone: 651-484-0448 A. Original Contract Amount ..,."."........."..........."..".......,.......................".""",.,,......., $ B, Total Addition $ ................................................................................................................................... C. Total Deduction $ -.................................................................................................................................. D. TOTAL CONTRACT AMOUNT $ F. G. H. I. TOTAL VALUE OF WORK LESS RETAINED (0%) PLANT WARRANTY Previous Payment(s) TOTAL APPROVED FOR PAYMENT THIS VOUCHER J, TOTAL PAYMENTS INCLUDING THIS VOUCHER AP PROV ALS 2,562,803.92 249,720,03 2,812,523.95 $2,801,382,70 $ $ $ $ (10,086.64) (2,693,686.23) 97,609.83 $ 2,791,296.06 Pu rsuant to our field observations, I hereby recommend for payment the above stated amount for work performed through December 31,2006 Signed by: Signed by: (; 2/6/2007 Page 1 of 1 gIll 0-' Date Z/7/07 Date 0404 Pay FINAL CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE HUSET PARKWAY CITY PROJECT NUMBER 0404 February 7, 2007 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Frattalone Companies. The work consisted of Utility Improvements which included sanitary sewer, storm sewer with pond, and water main; Street Improvements which included removals, soil corrections, new concrete curb and gutter, new bituminous pavement, a new center entrance median at 3ih Avenue, and a roundabout at Jefferson Street; and Streetscaping which included a new bituminous trail and new concrete sidewalk, decorative crosswalks, street and pedestrian lighting, plantings, trees and signing. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT $ 2,562,803.92 $ 249.720.03 $ 2,812,523.95 FINAL WORK APPROVED ALL PRIOR PAYMENTS PLANT WARRANTY ENCUMBRANCE $ 2,801,382.70 ($ 2,693,686.23) ($ 10.086.64) BALANCE DUE $ 97,609.83 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer CITY COUNCIL LETTER Meeting of Februarv 12,2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: Fire Rental Housing Licenses BY: Gary Gorman CITY MANAGER APPROVAL BY: NO: ITEM: NO: DATE: February 6,2007 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 February 12,2007. COUNCIL ACTION: Occupany 1.0. 30031 12162 20331 20124 10002 20032 02/06/2007 List of 2007 Rental Licenses to Approve Property Owner Name Donald E. Anderson Family Trust Kathryn Hoefs Mark Mackey Dean Olson Brian Roeller Michael Vanderheyden 13:43 Property Address 711 37th 4303 UNIVERSITY 4450 Tyler 1005 50TH 3849 MAIN 47246TH Page 1 Occupany 1.0. 30175 10212 10208 10204 10218 02/06/2007 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Bryant, LLC Bernard Butler Robert Machel Beatriz Martinez Thomas Wasik Property Address 3806 Stinson 521 MILL 564 HUSET 4919 JACKSON 99941ST 09:54 Page 1 CITY COUNCIL LETTER Meeting of February 12,2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL BY:~r# NO: \ J.{ ITEM: Reissue Rental License BY: Gary Gorman NO: DATE: February 5,2007 DATE: The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Robert Machel to operate the rental property located at 564 Huset Parkway N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of February 12,2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: 5- Reissue Rental License BY: Gary Gorman NO: DATE: February 5, 2007 DATE: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Svitlana Moore to operate the rental property located at 3911 Van Buren Street N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 9, 2007 AGENDA SECTION: NO: ORIGINATING DEPT.: License Department CITY MANAGER APPROV AL ITEM: License Agenda BY: Shelley Hanson NO: DATE: February 9,2007 BACKGROUND/ANALYSIS Attached is the business license agenda for the February 12,2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top ofthe license agenda you will notice a phrase stating * Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 12,2007 as presented. COUNCIL ACTION: TO CITY COUNCIL February 12, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA BLDG CONTRACTORS LICENSES * Tim's Quality Plumbing 523 Central Avenue, Osseo *Doug Olson Plumbing 931 44th Ave NE, Col. Hts. *Terry Overacker Plumb 1628 Co. Hwy 10, Sp Lk Pk * A Trust dba A. Aaron's Plumb & Htg PO Box 712, Chanhassen *Betz Plumbing LLC 22667 Nolan Ave, Scandia *Daas Plumbing 3781 131st Ave NE, Blaine Piperight Plumbing 10710 Mississippi Blvd, CR *Cronstrom's Htg & AC 6437 Goodrich Ave, S1. Louis Pk *SR Mechanical 7320 Oxford S1. S1. Louis Pk Landwehr Construction PO Box 1086, S1. Cloud Let's Get Graphic *Bluemel's Tree & Land 2442 County Rd 10, Moundsview 551 Dru Dr. Hudson,WI $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 ( 7 CITY OF COLUMBIA HEIGHTS Fll\fANCE DEPARTlVl"ENT COUNCIL MEETING OF: t:UY1ItM1) 12-, 2001 STATE OF MINNESOTA COlJN'l'Y OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number \ '207--'3 f in the amount of$ 3.1> 72/10S.2/ . These checks have been examined and found to be legal charges against the CITY OF through [7-0 Lf 77 COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 02/08/2007 11:10:S4 Check History CITY OF COLUMBIA HEIGHTS GLOSOS-V06.74 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.",.. .02/12/2007 COUNCIL LISTING INCLUSIONS: Fund & Account... ........." thru Check Date. , , . . . . . . . . . , , , . . . Source Codes.,.......,...... Journal Entry Dates........ Journal Entry Ids....., .. Check Number...,. ...... '.... thru thru thru thru 120237 thru 120477 proj ect . . . . . , .. ....,'..... Vendor. . . . . . . ,. ........... Invoice. . . , , , . . . . . . , , . . . Purchase Order,... ........, Bank,...................... . Voucher ........ , , Released Date." ...... ...". Cleared Date,..,.. .... ,..... Include Exp/Rev Closing Entries thru thru thru thru thru thru thru thru N 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 02/08/2007 11 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 1 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT NORTHEAST BANK AARP AMERICAN BOTTLING COMPAN BAKKEN/CHERYL BELLBOY BAR SUPPLY BELLBOY CORPORATION CAPITOL BEVERAGE SALES L CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CREST VIEW ONDC 1 DEX MEDIA EAST LLC ESCHELON EXTREME BEVERAGE FIRST STUDENT INC G & K SERVICES INC GORMAN/GARY GRIGGS-COOPER & CO HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS, LIQUOR CO. KENNEDY & GRAVEN LARKIN/JOHN MARK VII DIST, MEDTRONIC INC MINNESOTA WINEGROWERS CO MN DEPART OF ECONOMIC SE MUSCOVITZ/PATRICIA O'BRIEN/DANIEL OFFICE DEPOT PETTY CASH - NICOLE JOUP PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS RICOH BUSINESS SYSTEMS I RON KASSA CONSTRUCTION SARGENT/JEFF SHAMROCK GROUP/ACE ICE SORENSEN/DALE VINOCOPIA INC WILD MOUNTAIN XCEL ENERGY (N S P) NORTHEAST BANK AMERICAN BOTTLING COMPAN ARCH WIRELESS/METROCALL ARNE/DIANA BAKKEN/CHERYL BARNICK/ROBERT & PRISCIL 120237 120238 120239 120240 120241 120242 120243 120244 120245 120246 120247 120248 120249 120250 120251 120252 120253 120254 120255 120256 1202S7 1202S8 120259 120260 120261 120262 120263 120264 12026S 120266 120267 120268 120269 120270 120271 120272 120273 120274 120275 120276 120277 120278 120279 120280 120281 120282 120283 552,360.95 230.00 100.40 6.23 161. 34 18,588.71 7,023.55 760.24 3,813.14 18,238.00 236.70 158.68 640.00 640.77 186.96 317.25 36.30 2,142.06 16,398.02 2,315.92 6,500.00 52.32 3,591.47 49,483.00 70.70 212.73 14.55 38.60 43.89 162.60 10,362.72 1,100.11 116.09 27.00 15,290.61 17.17 180.92 80.98 114.00 360.00 388.08 515,716.55 112.21 94.40 59.96 61.77 41.00 ACS FINANCIAL SYSTEM 02/08/2007 11 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 2 BANK CHECKING ACCOUNT BELLBOY BAR SUPPLY BELLBOY CORPORATION CAPITOL BEVERAGE SALES L CENTRO BRADLEY SPE 5 LLC CHISAGO LAKES DISTRIBUTI CITY OF COLUMBIA HEIGHTS COLUMBIA HEIGHTS I DEEP ROCK WATER COMPANY DEX MEDIA EAST LLC FLAHERTYS HAPPY TYME COM FRIIS/DORIS G & K SERVICES INC GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC ICMA JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KRAUS-HARTIG VFW KROLL/PHYLLIS MARK VII DIST. MN DEPT OF PUBLIC SAFETY NORTH MEMORIAL EMS EDUCA NORTHEAST BANK NSRMAA PATTEN/ARLENE PETTY CASH - MARY DUGDAL PITNEY BOWES LOUISVILLE POST BOARD SHAMROCK GROUP/ACE ICE VERIZON WIRELESS AID ELECTRIC SERVICE INC ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC ENGINEERING REPRO SYSTEM FRATTALONE COMPANIES INC HOME DEPOT #2802 MINNEAPOLIS ASPHALT SYST OFFICE DEPOT PROSOURCE TECHNOLOGIES I RICOH BUSINESS SYSTEMS I SHORT ELLIOT HENDRICKSON SRF CONSULTING GROUP INC VEIT COMPANY INC VERIZON WIRELESS 120284 120285 120286 120287 120288 120289 120290 120291 120292 120293 120294 120295 120296 120297 120298 120299 120300 120301 120302 120303 120304 120305 120306 120307 120308 120309 120310 120311 120312 120313 120314 120315 120316 120317 120318 120319 120320 120321 120322 120323 120324 120325 120326 120327 120328 120329 120330 AMOUNT 800.68 780.89 16,063.60 11,940.57 6,810.85 185,756.05 5,581.28 113. S5 50.80 528.85 275.00 34.31 295.14 6,725.21 3,012.92 95.00 21,599.57 30,864.36 76.00 37.00 3,393.54 70.00 960.00 540,367.50 660.00 2S.00 124.61 104.88 90.00 60.08 205.65 20,000.00 549.12 73.S6 4,436.25 7,170.33 14,997.18 7,893.70 66.46 2,971.35 249.47 74.40 458.24 2,781.54 64.97 214,550.91 256.41 ACS FINANCIAL SYSTEM 02/08/2007 11 CITY OF COLUMBIA HEIGHTS GLS40R-V06.74 PAGE 3 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT WELLS FARGO BANK NORTHEAST BANK A & C SMALL ENGINE BELLBOY CORPORATION CAPITOL BEVERAGE SALES L CARLSON/EDWARD CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI EBERT CONSTRUCTION FARNER-BOCKEN GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSTON/ERIK LARKIN/JOHN MEDICINE LAKE TOURS MN DEPT OF ADMINISTRATIO MN MUNICIPAL BEVERAGE AS PARTENHEIMER/KIRSTEN PERA PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PLAYS MAGAZINE QUALITY WINE & SPIRITS SHAMROCK GROUP/ACE ICE SINN/GREG TDS METROCOM INC VERIZON WIRELESS XCEL ENERGY (N S P) ACE HARDWARE ALCOHOL & GAMBLING ENFOR ALTO CONSULTING & TRAINI AMERICAN PUBLIC WORKS AS AMERICAN TESTING CENTER AMERIPRIDE INC AMERIPRIDE INC ANCOM COMMUNICATIONS INC ANDERSON HEATING AND A/C ANOKA COUNTY - GOV'T CEN ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. ASSOC OF METRO MUNICIPAL ASTLE FORD INTERNATIONAL AZTECA SYSTEMS INC BAKER & TAYLOR BERKLEY RISK ADMINISTRAT 120331 120332 120333 120334 12033S 120336 120337 120338 120339 120340 120341 120342 120343 120344 12034S 120346 120347 120348 120349 1203S0 120351 1203S2 120353 1203S4 12035S 1203S6 120357 120358 1203S9 120360 120361 120362 120363 120364 120365 120366 120367 120368 120369 120370 120371 120372 120373 120374 120375 120376 120377 17,850.08 432,588.00 15.53 1,618.10 17,830.10 475.00 15,618.74 2,812.79 62,842.54 5,688.12 271.73 S5,414.83 2,835.30 13,664.49 104.70 35.00 722.00 507.80 296.00 134.87 518.84 144.08 2,508.60 39.00 23,959.41 176.88 100.72 4,448.65 91.84 3,813.96 99.32 250.00 5,040.00 936.25 880.00 43.48 82.22 1,219.43 40.00 533.36 3,254.12 728.22 6,070.00 301.25 1,562.00 170.94 48,022.50 ACS FINANCIAL SYSTEM 02/08/2007 11 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 4 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BLOWERS/CAROLE BOUND TREE MEDICAL LLC BRADLEY & GUZZETTA LLC BROCK WHITE CO. BRODART CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CCP INDUSTRIES COLUMBIA HEIGHTS RENTAL COLUMBIA PARK MEDICAL GR COM CAST COORDINATED BUSINESS SYS COSTCO CROWN TROPHY DAKOTA COUNTY RECEIVING DEMCO MEDIA DONAGHUE DOORS INC DU ALL SERVICE CONTRACTO ECM PUBLISHERS INC EGAN OIL COMPANY FIDELITY SERVICES INC FIRE ENGINEERING FIRE MARSHALS ASSOC OF M FLEX COMPENSATION, INC FORCE AMERICA G & K SERVICES INC GALE GROUP/THE GALLS INC GENE'S WATER & SEWER INC GENERAL REPAIR SERVICE, GENUINE PARTS/NAPA AUTO GOODIN CO. HEIGHTS ELECTRIC INC. HOME DEPOT #2802 HOTSY EQUIPMENT OF MINN ICC ASSOC OF BLDG OFFICI INT'L ASSOC OF ADMIN PRO INTL ASSOC OF CHIEFS OF IPC PRINTING J. B. HUDSON JINDRA/PATRICIA KENNEDY & GRAVEN LAW ENFORCEMENT OPPORTUN LEAGUE OF MN CITIES INS LINDSTROM RESTORATION MAC QUEEN EQUIPMENT CO. MARCO, INC 120378 120379 120380 120381 120382 120383 120384 120385 120386 120387 120388 120389 120390 120391 120392 120393 120394 120395 120396 120397 120398 120399 120400 120401 120402 120403 120404 120405 120406 120407 120408 120409 120410 120411 120412 120413 120414 120415 120416 120417 120418 120419 120420 120421 120422 120423 120424 36.04 187.60 1,968.7S 1,512.30 112.79 1,375.00 18.34 188.93 54.20 321.00 199.91 1,041.80 22.36 72.58 63.00 431.64 181.00 1,669.66 41.25 7,112.35 5,167.90 29.95 3S.00 168.00 181.99 1,22S.04 778.44 110.98 2,355.50 1,364.63 60.14 946.55 96.00 40.66 48.18 200.00 108.00 100.00 47.94 710.61 105.00 2,842.66 375.00 36,042,50 5,316.57 110.13 6,678.00 ACS FINANCIAL SYSTEM 02/08/2007 11 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT MARSHALL CONCRETE PRODUC MCGRAW HILL COMPANIES IN MEDIATION SERV.FOR ANOKA MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F METRO CHIEFS OFFICER FIR MIDWAY FORD MIDWEST LOCK & SAFE INC MINITEX - ATTN MARY GARC MINNEAPOLIS OXYGEN CO, MINNESOTA AMBULANCE ASSO MN CRIME PREVENTION ASSO MN FIRE AGENCIES PURCHAS MN POLLUTION CONTROL AGE MN STATE FIRE CHIEFS ASS MURZYN JR/DONALD J NATOA NEENAH FOUNDRY COMPANY NEW LOOK CONTRACTING INC NFPA INTERNATIONAL NORTH METRO MAYORS ASSOC NORTHEASTER NORTHERN AIR NORTHERN STAR COUNCIL NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER ONVOY INC PATCHIN MESSNER & DODD I PERFECTION TYPE INC QUICKSILVER EXPRESS COUR RETAIL DATA SYSTEMS OF M RIVERSHORE READING STORE ROSEDALE CHEV RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SAM'S CLUB SCHELEN GRAY ELECTRIC SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STAR TRIBUNE STREICHER'S GUN'S INC/DO SUBURBAN UTILITIES SUPTS SUN PUBLICATION INC TKDA, INC TOUSLEY FORD TROPHIES BY LINDA 120425 120426 120427 120428 120429 120430 120431 120432 120433 120434 120435 120436 120437 120438 120439 120440 120441 120442 120443 120444 120445 120446 120447 120448 120449 1204S0 1204S1 1204S2 1204S3 1204S4 12045S 120456 120457 120458 120459 120460 120461 120462 120463 120464 120465 120466 120467 120468 120469 120470 120471 CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 5 AMOUNT 65.27 95.00 1,95S.00 300.00 677.00 200.00 1,287.87 53.25 772.00 85.91 75.00 40.00 35.00 75.00 305.00 35.00 400.00 1,S91.00 939.07 697.S0 1,407.00 291. 60 801.88 203.00 116.39 856.05 111.35 59.99 5,000.00 42.50 17.71 2,218.S0 33.00 48.33 45.00 272.48 632.65 330.15 264.13 231.12 39.12 23.85 200.00 1,630.56 531.15 23.26 1S7.09 ACS FINANCIAL SYSTEM 02/08/2007 11 BANK VENDOR Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GLS40R-V06.74 PAGE 6 AMOUNT BANK CHECKING ACCOUNT TWIN CITIES TRANSPORT & VALPAK OF MINNEAPOLIS/ST VEIT COMPANY INC VERIZON WIRELESS VOSS LIGHTING WERNER ELECTRIC SUPPLY C 120472 120473 120474 120475 120476 120477 414.29 800.00 185,341.70 117.59 42.49 45.92 3,372,995.81 *** ACS FINANCIAL SYSTEM 02/08/2007 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS GL540R-V06.74 PAGE 7 Check History 02/12/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 3,372,995.81 RECORDS PRINTED - 001048 ACS FINANCIAL SYSTEM 02/08/2007 11:10:56 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 225 240 261 265 270 340 376 378 385 387 388 389 401 411 415 418 420 431 436 601 602 603 604 609 631 632 634 652 701 720 881 884 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP DARE PROJECT GO IMPROV/REV BONDS 2006A TAX INCREMENT BONDS MEDTRONIC - TIF (N7) MULTI-USE REDEVELOPMENT PLAN G.O. IMPROVEMENT BOND 1999A G 0 IMPROVE/REV BONDS 2003A R8:TRANSITION BLK REDEVELOP CAPITAL IMPROVEMENTS CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ COMMUNITY CTR CAPITAL BLDG CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL CAPITAL EQUIP REPLACE-LIQUOR WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER FUND DEBT SERVICE SEWER FUND DEBT SERVICE STORM SEWER DEBT SERVICE SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC INSURANCE PAYROLL FUND FLEX BENEFIT FUND 69,501. 27 2,805.97 2,642.62 6,758.07 1,039.77 519.24 205.42 4,401.80 2,205.00 49,483.00 41.00 96,812.50 110,195.76 18,295.00 15,290.61 62,842.54 7,274.98 666.25 409,295.94 14,997.18 64.97 9,133.31 2,800.12 739.46 1,993.44 1,813,482.72 204,715.19 4,530.87 126,211.38 750.00 22,097.88 20,996.53 20,248.97 84,065.00 178,457.06 7,434.99 3,372,995.81 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS ACS FINANCIAL SYSTEM 02/08/2007 11:10:56 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAP PAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 3,372,995.81 3,372,995.81 CITY COUNCIL LETTER Meeting of: February 12, 2007 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: PUBLIC HEARING-CABLE RATES NO: BY: LINDA L. MAG DATE: February On or about March 1, 2006, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, UUpdating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, UDetermining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2006 to May 31, 2007. It should be noted that Comcast adjusted its rates effective February 1, 2007. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's actual rates since January 1, 2006, maximum permitted rates as of June 1, 2006, and rates effective February 1, 2007. Rates (Since Maximum Rates Effective January 1, Permitted Rates February 1, 2006) Effective June 2007 1, 2006 Basic Service $ 9.10 $ 9.51 $ 9.10 Basic Only Receiver $ 1. 05 $ 1.14 $ 1. 00 Remote Control $ .15 $ .23 $ .10 Installation-Unwired Home $44.99 $45.10 $44.99 Installation-prewired Home $27.99 $29.35 $27.99 Installation-Additional Outlet $13 .49 $14.49 $13.99 Connect Ini tial Installation-Additional Outlet- $19.99 $24.25 $19.99 Connect Separate Other Install-Relocate Outlet $18.99 $19.41 $18.99 Uporade- Optional Services $15.49 $18.49 $15.49 Downorade- Optional Services $ 9.99 $15.32 $9.99 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 12, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 2, 2007 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of January 8, 2007, the City Council established a public hearing date of Monday, February 12, 2007, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2006 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper. At the Telecommunications Commission meeting of January 18, 2007, Steve Guzzetta, the City's telecommunications attorney, presented options from which the City may at this point in time select in addressing Comcast's rate filing: (A) do nothing (the City would remain certified to regulate rates and could review and act on future rate filings from Comcast) ; (B) perform no review and issue rate orders preserving the City's rights to the extent possible (the City would retain the right to look at underlying data, calculations and assumptions in the context of a future rate filing). The Telecommunications Commission, by consensus of those present, recommended that the City Council pursue Option B -issue rate orders preserving the City's rights to the extent possible. The benefit of Option B is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2007-18 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March I, 2006. Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic cable service, as calculated in the 2006 FCC Form 1240, but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2007-19 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March I, 2006. Adoption of the resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation as calculated in the 2006 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 12, 2007 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 2, 2007 DATE: Page 3 RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-18, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-18, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2006. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-19, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007 19, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2006. COUNCIL ACTION: RESOLUTION NO. 2007-18 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COM CAST ON OR ABOUT MARCH 1,2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47 U.S.c. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2006, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2006 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2006 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2006 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2006 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2006 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. S 76.936(b). Passed this _ day of February, 2007. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2 RESOLUTION NO. 2007-19 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INST ALLA TION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1,2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47 U.S.C. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules ofthe Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2006 FCC Form 1205"), on or about March 1,2006, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2006 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2006 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Fonn 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2006 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. S 76.936(b). Passed this _ day of February, 2007. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2 CITY COUNCIL LETTER Meeting of: 2/12/07 AGENDA SECTION: PUBLIC HEARING NO: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: LEVY HEARING FOR 233 42ND AVE: RESOLUTION ADOPTING LEVY FOR 2006 STREET REHABILITATION PROJECT BY: K. Young DATE: 2/7/07 Background: The Zone 7B and IA street improvement projects (full and partial street reconstruction and mill and overlay) were approved on March 6 and June 5, 2006, as part of the City's comprehensive Street Rehabilitation program. The project was substantially complete, including a mill and overlay on 42nd A venue from 2nd Street to 3rd Street. For the Improvement Hearing and Assessment Hearing, mailed notices were sent to the owner of PIN 35-30-24-23-0161, address 233 42nd A venue. Staff received a telephone call at the end of October that PIN 35-30-24-23-0161 was actually a landlocked piece of property next to the building at 233 42nd A venue. Staff verified the information and removed PIN 35-30-24-23-0161 from the assessments certified to Anoka County. The purpose of this hearing is to assess the correct parcel and owner of233 42nd Avenue for their portion of the mill and overlay on 42nd A venue. Attached are: Resolution adopting the proposed assessment, Map identirying the assessment area, Assessment roll, and Notice of public hearing. (At the request of the property owner, the hearing was continued from January 8, 2007 to February 12,2007.) Analysis/Conclusions: The final assessment rates are equal to the rates adopted at the Assessment hearing in October. Specifically, the final rates of the assessment are shown below. Construction Type ~ Mill ami Overlay Term of the assessment is 10 years. Final Assessment Rate Residential Street Rate Residential A venue Rate $1,098.00/Parcel $ 366.00/Parcel Non-residential Street Rate Non-residential Avenue Rate $1,29 I .77 /Parcel $ 430.59/Parcel As part of the Levy Hearing, the City Council established the interest rate at 6% prior to levying the assessment. The same interest rate is proposed for this assessment. Recommended Motion: Move to close the Public Hearing and to waive the reading of Resolution No. 2007-22, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233 42nd Ave as part of the Street Rehabilitation project. Attachment: Resolution Project Map List of Special Assessment by PIN Number Notice of Pub I ic Assessment Hearing COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION NO. 2007-22 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 233 42nd A VENUE PROJECT NO. 0502, ZONE 7B STREET REHABILITATION Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifYing and conforming all other proceedings, heretofore had: Special Assessments numbered 2006-Z7-44-002, Mill and Overlay on 42nd Avenue, 2nd Street to 3rd Street, specifically 233 42nd Avenue, in Project 0502 - Zone 7B. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 12th day of February, 2007, in the City Council Chamber, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mai led to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Section I. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 2: Section 3: Section 4: Section 5: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" 2006-Z7-44-002, Project 0502. That this Council hereby finds and determines that each ofthe parcels ofland enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel ofland is the amount set opposite the description of each such lot or parcel ofland respectively in said assessment roll. That said assessments may be paid in part or in full without interest on or before March 14th, 2007. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2008. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period often years as designated on the assessment roll. That this Council did hereby determine and re-determine to proceed with said improvement, does ratifY and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2006-Z7-44-002, Project 0502. This resolution shall take effect immediately upon its passage. Passed this I th day of February, 2007 Offered by: Seconded by: Roll Call: Attest: Mayor, Gary Peterson Patricia M uscovitz, Deputy City Clerk J C 4302 \ 4jUl ..~..... 4300 City of 43RD 4259 4333 Columbia 4256 4258 4253 4252 PROPOSED 55 4254 RE-ASSESSMENT 4247 233 42ND AVE 4250 J- 4248 J- 49 en en 4242 4241 LEGEND 43 4242 PIN 35-30-24-23-0161 4236 4237 29 ~ 4233 4232 25 I'\) I'\) ~ 4221 :21 '~~~.~ 4218 0 4215 0 z ~ 0:: I'\) , ~ 4212 N I'\) 0 ("f) 4207 w 0 w ~07 I 4206 I 241 ~O 4200 4201 CITY OF COLUMBIA HEIGHTS 42ND " GIS I ENGINEERING DEPARTMENT w " Map Date: December, 2006 " Map Author: KYoung (' City of Columbia Heights 590 40th Avenue NE Coiumbia Heights, MN 55421-3878 (763) 706-3700 (763) 706-3701 www.ci.columbia-heights.mn.us Actual Assessment Amounts (summary) Project 2006-Z7-44-002 Zone 7 MILL & OVERLAY Assessment Term (Years): 10 Proposed Interest Rate: 6.000% PIN Address Actual Assessment Amount -~"-,~-,-~"'-- -",,---"'-_. ~----~-- 35-30-24-23-0162 UNASSIGNED SITUS $ 242.85 35-30-24-23-0163 UNASSIGNED SITUS $ 242.85 35-30-24-23-0164 UNASSIGNED SITUS $ 242.85 35-30-24-23-0165 UNASSIGNED SITUS $ 242.85 35-30-24-23-0166 UNASSIGNED SITUS $ 242.85 35-30-24-23-0167 UNASSIGNED SITUS $ 242.85 35-30-24-23-0168 UNASSIGNED SITUS $ 242.85 35-30-24-23-0169 UNASSIGNED SITUS $ 242.85 35-30-24-23-0170 UNASSIGNED SITUS $ 242.85 35-30-24-23-0171 UNASSIGNED SITUS $ 242.85 35-30-24-23-0172 UNASSIGNED SITUS $ 242.85 35-30-24-23-0173 UNASSIGNED SITUS $ 242.85 35-30-24-23-0174 UNASSIGNED SITUS $ 242.85 35-30-24-23-0175 UNASSIGNED SITUS $ 242.85 35-30-24-23-0176 UNASSIGNED SITUS $ 242.85 35-30-24-23-0177 UNASSIGNED SITUS $ 242.85 35-30-24-23-0178 UNASSIGNED SITUS $ 242.85 Project 2006Z744002 Zone 7 MILL & OVERLAY Page PIN 35-30-24-23-0179 35-30-24-23-0180 35-30-24-23-0181 Project Address Actual Assessment Amount UNASSIGNED SITUS $ 242,85 UNASSIGNED SITUS $ 242.85 UNASSIGNED SITUS $ 242.85 Page 2 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on Monday, January 8, 2007, at 7:00 P.M. in the City Council Chamber, 590 40th Avenue N.E. to consider: Project 2006-Z7-44-002, Street Mill and Overlay on 42nd Avenue NE, Construction Project 0502 TOTAL AMOUNT OF PROPOSED ASSESSMENTS: The amount of the proposed assessments for the improvements and appurtenances are as follows: Mill and Overlay 233 42nd Avenue Assess 10 years at 6% interest $4,857. PARCELS PROPOSED TO BE ASSESSED: Said mill and overlay is to be considered pursuant to Minnesota Statutes, Chapters 429. The construction is to be specially assessed on a unit basis against properties abutting 42nd A venue and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. Persons desiring to be heard with reference to the installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. 35-30-24-23-0162 35-30-24-23-0163 35-30-24-23-0 I 64 35-30-24-23-0 I 65 35-30-24-23-0166 35-30-24-23-0167 35-30-24-23-0168 35-30-24-23-0169 35-30-24-23-0170 35-30-24-23-0171 35-30-24-23-0172 35-30-24-23-0173 35-30-24-23-0174 35-30-24-23-0175 35-30-24-23-0176 35-30-24-23-0177 35-30-24-23-0178 35-30-24-23-0179 35-30-24-23-0180 35-30-24-23-018 I ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th A venue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.08 I, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (I 0) days after service upon the Mayor or the Clerk. AUTHORITY TO SPECIALLY ASSESS The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The improvements are proposed to be assessed on an area, lot or frontage basis, or combination ofthese methods against properties abutting or tributary to said improvements. The areas, parcels, lots and pieces of property, as specifically described herein, are subject to said assessments. The amounts set forth in this Notice are the proposed final assessments. The City Council may levy and adopt special assessments that are the same or different than the proposed amounts. PAYMENTS OF SPECIAL ASSESSMENTS Once the special assessments are levied and adopted, the special assessments will be certified to the Anoka County Auditor to be extended on the property tax lists for collection with real estate taxes. Prior to this certification, however, the property owner may prepay a portion of or the entire amount ofthe special assessments without any interest thereon provided the prepayment is received within 30 days after levy and adoption of the special assessments by the City Council. If the property owner wishes to prepay the special assessments without any interest, then such payment must be made to the City of Columbia Heights at City Hall, 590 - 40th Avenue NE, Columbia Heights, Minnesota 5542 I. If prepayment is not received within thirty (30) days after the special assessments are levied and adopted by the City Council, then: (a) The annual principal installments, together with interest accrued on the unpaid balance, are due and payable together with real estate taxes. (b) Interest on the entire special assessments, from the date of levy to December 3151 of the year in which the first installment is payable, is added to the first principal installment. The first installment will be due and payable in 2008. (c) If in the future the property owner wishes to pay off the remaining balance of the assessments, then Minnesota Statute, Section 429.061, Subdivision 3, provides that such payment may be made to the City of Columbia Heights, together with interest accrued to December 31 st of the year in which payment is made as long as payment is made prior to November 15th; if the payoff occurs after November 15th, then interest for the next year is also added. Partial payment of the special assessments is not allowed by the City; the payment must be for the entire amount of the special assessments. If the adopted assessments differ from the proposed assessments as to any particular lot, piece or parcel of land, then the City will mail to the owner a notice stating the amount of the adopted assessments. Owners will also be notified, by mail or at the assessment hearing, if the City Council adopts any changes in the interest rate or prepayment requirements from those contained in this Notice of Hearing. ACCOMODA TIONS 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-36 I] to make arrangements. (TDDI763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on December 21 and December 28, 2006 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin 12,2007 CITY MANAGER'S APPROV AL AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: ORIGINATING DEPARTMENT: Community Development ITEM: 2nd Reading: Approval of Ordinance 1521, Rezoning of a Portion of the Property at Lot 124 A, Block 1, Huset Park from MXD to R- 2A. BY: Jeff Sargent, City Planner DA TE: February 7, 2007 ~ BACKGROUND At this time, the Huset Park Development Corporation is proposing to rezone the western IS-foot portion of Lot 124A, Block 1, Huset Park from MXD, Mixed Use District, to R-2A, One and Two Family Residential. This proposal will be the first step in ultimately subdividing this section of land from the remainder of Lot 124A, Block 1, Huset Park, in order to correct some encroachment issues. When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2-foot wide concrete strip, a 7-foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The overall proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block 1, Huset Parle This land would be sold to the property owners at 525 - 38th A venue to correct the encroachment issues. The property must be rezoned prior to the subdivision. The rezoning process requires a first and second reading by the City Council. Therefore, the second reading of Ordinance 1521, as well as the proposal for a minor subdivision of Lot 124A, Block 1, Huset Park will be scheduled to be heard at the February 12, 2007 City Council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to the public. Move to adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning ofthe property located at Lot 124A, Block 1, Huset Park. Att I t D fi 0 d' 1521 P ZR ac lInen s: rat r mance , + eport, szte map COUNCIL ACTION: ORDINANCE 1521 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO THE REZONING OF THE PROPERTY LOCATED AT LOT 124A, BLOCK 1, HUSET PARK SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Industrial Park 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 MXD, Mixed Use Development zoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R-2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0102 DATE: January 3. 2007 TO: Columbia Heights Planning Commission APPLICANT: Huset Park Development Corporation LOCATION: Lot 124A, Block 1, Huset Park REQUEST: Rezoning of Parcel, Minor Subdivision PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the Huset Park Development Corporation is proposing a minor subdivision located at Lot 124A, Block 1, Huset Park, to correct encroachments onto this property from the adjacent single-family residence located at 525 - 38th Avenue. When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time. it was discovered that a 2-foot wide concrete strip, a 7 -foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 - 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A. Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the encroachment issues. The current zoning classification for the Huset Park Development Corp property is MXD. Mixed Use Development. The 15-foot strip of land will be rezoned to R-2A, One and Two Family Residential, to be consistent with the zoning classification of the property at 525 - 38th Avenue PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan designates the Huset Park Development Corp property as Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated as Medium Density Residential in the Comprehensive Plan. Staff deferred to the Metropolitan Council to determine whether the Huset Park Development Corporation City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 parcel would need a Comprehensive Plan Amendment in order to rezone the property to R-2A. The City's sector representative at the Met Council determined that the Transit Oriented Development and the Medium Density Residential classifications allowed the same types of uses. For this reason, the Comprehensive Plan would not need to be amended. The use of the land as a single-family residential parcel is consistent with the underlying Comprehensive Plan guidance. Zoning Ordinance The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the minimum lot area requirement is 6,500 square feet. Currently, the property located at 525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is complete, the property will be 50 feet wide and 6,600 square feet in area. FINDINGS OF FACT Zoning Amendment Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met in order for the City Council to approve a Zoning Amendment. They are as follows: a) The amendment is consistent with the Comprehensive Plan. The Metropolitan Council made the determination that the R-2A District is consistent with the Transit Oriented Development classification. The strip of land subdivided from the Huset Park Development Corp property will be rezoned to R-2A. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is needed in order to keep the zoning classification of the current property at 525 - 38th A venue and the zoning classification of the piece of land they will receive consistent. There is no benefit to either the public or the single-family property owner of the proposed zoning amendment. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property to be rezoned is common area for the Schafer Richardson I Ryland Homes townhouse development. The property will be rezoned Page 2 City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 to match the current zoning classification of the property to the east, R-2A. The use of the property at 525 - 38th Avenue is a single-family home. The R-2A District is compatible with this use. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The necessity of the rezoning of the 15-foot strip of land from MXD, Mixed Use Development to R-2A, One and Two Family Residential is to correct an encroachment issue that has been in place since the construction of the house at 525 - 38th A venue. Prior to the Huset Park Development Corporation parcel being zoned MXD, it was zoned I, Industrial. The trend in the area has been redevelopment, creating a new housing stock in the City. Correcting minor property line issues is consistent with the overall redevelopment plan for the area. FINDINGS OF FACT Minor Subdivision Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will not create any new lots. The recombination subdivision will split of a 15-foot section of one property and give it to another. b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of this subdivision. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. No new lots will be created as a result of the minor subdivision. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. Page 3 City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided. f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is an accurate statement. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. RECOMMENDA liONS City Staff recommends the Planning Commission recommend that the City Council approve the minor subdivision with the following condition: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. City Staff recommends that the Planning Commission recommend that the City Council approve the rezoning of the 15-foot parcel of land from MXD, Mixed Use Development to R-2A, One and Two Family Residential. Attachments: Draft Ordinance, Draft Resolution, Location Map, Property survey. Page 4 EASEMENT <COR UTILITY PURPOSES _~c:.{-:-::':-:--:----------'-_ ~ 2~ UNOCR, AND ACROSS iHE ''',', SCALE IN FEET --==- - ---=-=- ---==- - - - - "~''''i -~;:~ - ~- - - - :::,~ -- -- - -- ~-l~=~"~ -~ --I-~~----- -1-- 1-2 := N '2.~,O U ~ x .S ! C g.~ I ~ - 3.3 8 ___0 u .~ to.W ] 3 I ----,- I 1 I .." I I 1 I Lot 124 A Encroachment Detail August 31, 2006 1 1 -----r 1 ", ". ., ~ 'I ,. 1 1 I 1 I -\- ,.. "- I' " 1 1 _1- 015.0 .2 '-' I I I I I I I I I , _________t ~t\I~ O~'\ ^"It..lr-\/ \ I 1'_\ ! '" I J \ I r- - x "'"" I \ I';! \I L _ I " I (~ Iv--. '" " \,"l \ \..~ :....'-... \ ... , / g'", .- Ul ~6 i;j.c _ ~', 1 '. \ r_ _ y\.--....1 \ \ \ ) \ ..-\ \ } - .,.. - , ",0 :.:03 HUSET PARK Columbia Heights, Minnesota ~ RLK ( INCORPORATED ) "'--/ Duluth. MN Ham Lake, MN Hibbing. MN Minneton\::i, MN Pbone: 952 933 0972 F= 952 933 1153 www.rlkinc.com 6110 Blue Circle Drive. Suite 100. :Minnetonka,:MN 55343 (l.\..... - I'.......~..... L.r'" c...P'1 21 S89'52'/O-E: 136.60 '... 5 HUSET PARK --II . Found monumenl o 1/2 Inch by H Inch Iron monum6flt set and morl<cd with Mlnne::lola UCefl9C No, 2.396a aD I \,'" <::l<::>--~ I~~ - ,_'J. .'. I ~~ ',;.;2'---1 II 5l ":\\' .' S89'52'1O-E: - 326.20 ~"'" ~, 'W~I' '.0'" Y o 00 ....",.... "',- r-- 'HIl,t n SCALE IN - - ...:..:..:.:...:..:.....:' - - - -.- - ---=--r- ~ l=- ~ --1 -- -,------- I ::~ VE 8 g i f--- (::-' ii ~~ - -11 .!t ..._" ""',. I ft ~~ I 11 l.<ot 12, IlI<><l< t '\ t::) flg'... - ~!<) ~-~ t. ~~ !~; ___ ~~' ~15; ___ --~ -- ---- \::.~~:S" for the purpoaes Oof this plol the North Una of Rllglllte!red Land SU['((IY Ho 159, Anoko County, Mlnnesot.a I; assumed to bear NB9'5.8'J2~E. ~ ~\l! \~~H<>rlll ,I.... a! ItEGISTUlED LAND Sl.fl\1':Y Nil. log - "VI i" .~~ ~~ 8", "" 1/, 2~~H NBll'Sll't!!l"W f (;.....'..."!-I \ ...) I .".:r"I"""'" h'''' ,~,,~...~~, : c,:::~E' ,I ':':':J,'." OUTLOT B " """" . L'''~' v...~...nll~. VJ ....ii. L 13 ;~ ~~ : ~~ p,~.: " Iil!J"J!YJ ej~ I &:~=,:::: =~-~~~j:~' 1 A~" ul~ily "'um~l Nll~ib~d1rE N6~;:'irE I I I J n I f89'581'32'-Wr! T I 1 !. I I.. I I" I f. I i ...I,LJ~. '"""""1"'" CO ~'~'''Q'''' ~[) N~B'aO'",rt:: 21"'.00 SCALE IN ftfT /":: nOD 2.00 J'~ /,,~\;~~A;..~~-~~~A/~4>\1~9~..t ,..~?~A -~"'" I ~ 115A ~ \114A5 '~~t>; l'~~~ n.~ ttei~~ d~~ J,;~<t.t \ru:O~rt ~O::.n 1Ili~~n ~-oe.'M.'li I15s"'M'n"t 1155~U"t ~ S ~ ~ ~ ~ . ~ "~ . ~10a & ~ 107 ~, h 115 ~'11'1 ~"13 ~ ~ 112 ~"111 d110 a ~109. ~ g ~ , ;:;~ fl $~ 2 ",r; 101: 2 2 z \, , " \ 293.;9"~~Z'JJ'ff.f S89'58'32"W FCUHOSPU<E_l"~_ "?~iv. '0. < ..'J.O I r1 /~\ ': t~ ''''00 I ZZ.OO '2200 N~'50'47t: 'ZUXl '><00 12%..00 I UQO I '0.00 ,-- $0,,/ CIty of Columbia Helghrts County of Anoko 100 , FEET / / !..' i.'J t\.,< '-_ ~}: ,:,,- / ~!l1 !.:? :!: . ~;: i "'(- i ,': / / / / ( I ~ RLK ~ '----/ RLK - Kuuslsto. Ltd: SHEET 2 OF 2 SHEETS Description Sketch // X\:\~~, / ,'],~fo / \/1 1;4' .. ." . / ~:~.'::'~:~: .~:. ." ", , .. ."". " .. ~ , " , , -,- .... /' ',,',.',.'..':":~~:.'.'. ;;~::',;;~: :., Drainage and utility easement lover all of Lot 124 \ ( - (- \ \(' t., v..... ;:.:~::-: ':'~: :":::'::':::::"~;':::':::J ,'a",},::-1;--:.,-:.:-.':~.~---1 ; 7 :":::'::': --. ~ 6 lve9::t:?4_ _ e3<..~~ --l "'::~.C.':;7::~n :~.S:;./....... ~nog!", :' \ "'.Il -l:I:::.c o8~ AI I .,p~",: "II l' ~ffi~ _ ::e3a:;; -'0<0 :H ~ :~::j ::,~~ii - lDtj:2. ~ :EEx~ -,COWZ 1II .Z:J ~re~8 13 L":: (:~~:, :": ~~: " \ ,f' ~ ' 1 ~---: 1~ :':: 111 lOj 91 I .NB9'5B'32"E I 75.00 --,' I 11 o '" Proposed description: 16 15 ~ " ,0' " II 15.00 I e"I"" 10<.' 111 ::../ L _ ".I '''. . " .-, SCHAFER RICHARDSON '\ 615 First Ave. NE 500 Banks Building Minneapolis, MN 55413 \ 118 116 117 I I I i-In T n I 17 18 19 20 21 L1UIU 124 -rT-1 I I 22 23 24 Sub ject to easements of record, if any. I I , I r I I ... I. .... I ..' lo I I . .J..." 1_,." ""J. e". : "'.r:'L 'L'~ """'~I} .w ",'0 ",;n ~p .... ~o o z 124A I Drainage and ility eosemen t over 011 of Lot 124A , ,.... - , "... ,-,-". ~-l l-. 11 .. "" ~ I . , ,\" - , ".. , , , " 154.09 N89'58' 32"E 1\ 1/1-- ,-, ? l.._ 1 T o 50 I I SCALE IN FEET Lot 124A, Block 1, HUSET PARK, according to the recorded plat thereof, Anoka County, Minnesota, except the East 15.00 feet, Orawing File: 04-898- 715 .OWG Project No. 04-898-L I hereby certify that this survey, p:an or report was prepored by me or under my direct supervision and that I am a duly Registered Land S or under the I s f the state of Minnesota. ~/~. ~ RLK ( I<UUSISTO LTD ) ~ Duluth, MN. Hibbing, MN. Ham Lake. MN. Minnetonka, MN. Kurt M. Kisch, MN License No. 23968 Date November 10, 2005 Phone: (952) 933-0972 Fax: (952) 933-1153 WV.'W. rl k-ku u sisto. com 6110 Blue Circle Dr.-Suite #100 -Minnetonka, MN. 55343 Description Sketch " \0'- " / / 1><<0 /' / ,'}.: /' / :3~.~;~:~: 'f:' X \ ~ ~>::(;-- vr 124 1 I I I I 17 18 IU ".,. ,.. .r.., ,...-...... .-,-.... / '--'.:~.'.::":::::'" ,~:::'.;:~::' Drainage and utility easement lover 011 of Lot 12~, ( - \(\.' ::.::::.: ':'~: :":::'i:':::::'Y~:'~'::;j ::8,;,::,~:,:T:~~~,~~~:~'~'---1 ; . "":,: I""" ',' . I 1 ~::,;~:::".:::,,, ~ 6 lve9'S~'?~,~, es..?.~ ~ ",.-:::::. ::..S.;:'?'" 16 l ~ " ,', NS9'5S' 32"E --t4 -,--'~4 q- ~ ... -zI ." ...., ~ -'" o~< -,x", og~ -1 ~~: -"'::l ~~~~ -'owO :;"J ;:!;~~!i ~ TIt-,.: =Ex..- V)O:~5 <vroZO ~N<CU I;' >-,-;-: ,... ..,,' '--'" ~ '-:=1..- :::' 111 1Q 91 I N89'SS'32"E \ 75.00 -'-' 11 o "' Proposed description: 15 124A I Drainage and ility easement over 011 of Lot 124A """-,,,,, .-,-" ;~~~:l,;~i : = 154.09 N89'SS' 32"E SCHAFER RICHARDSON \ 615 First Ave. NE 500 Banks Building Minneapolis, MN 55413 \ 118 116 117 124 n '10IJ ---rT- 1 22 I I 23 24 w ~~ ~p ..., ~o o z i-r-liT I I .... I ~:.' ~ I .... I .. I l;; I I I .1". " .J . ."..1 ".! , L j:';~~L':~Cl I I , I . ..I. ,,' " I ~ I \ I I \ I 1-<' II ,-" ., . l. _ .. ... L ..... " -,-, I .0(..... I ~ /"""". NORTH ""0'" : l o 50 I I SCALE IN FEET The East 15.00 feet of Lot 124A, Block 1, HUSET PARK according to the recorded plat thereof, Anoka County, Minnesota. Sub ject to easements of record, if any. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land S or ",,:nder t~/ 1 the State of Minnesota. cr, ~ November 2005 Kisch, MN License No. 23968 Date Drawing Fiia: 04-S9S-715.DWG Project No. 04-898-L ~ RLK ( KVUSISTO LTD ) ~ Duluth, MN. Hibbing. MN. Ham Lake. MN. Minnetonka. MN. Phone: (952) 933-0972 Fax: (952) 933-1153 VI/WW. rlk-kuusisto.com 6110 Blue Circle Dr. . Suite #100 . Minnetonka. MN. 55343 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 22, 2007 AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: J) ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: Case No. 2007-0102. Approval of a Minor Subdivision located at Lot 124A, Block 1, Huset Park. BY: Jeff Sargent, City Planner DATE: January 17,2007 BY: BACKGROUND At this time, the Huset Park Development Corporation is proposing to rezone the western 15-foot portion of Lot 124A, Block 1, Huset Park from MXD, Mixed Use District, to R-2A, One and Two Family Residential. This proposal will be the first step in ultimately subdividing this section of land from the remainder of Lot 124A, Block 1, Huset Park, in order to correct some encroachment issues. When the Schafer Richardson 1 Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2- foot wide concrete strip, a 7- foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 - 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The overall proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th A venue to correct the encroachment issues. The propeliy must be rezoned prior to the subdivision. The rezoning process requires a first and second reading by the City Council. Therefore, the second reading of Ordinance 1521, as well as the proposal for a minor subdivision of Lot 124A, Block 1, Huest Park will be scheduled to be heard at the February 12, 2007 City Council meeting. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-21, there being ample copies available to the public. Move to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block 1, Huset Park, subject to the conditions stated in the Resolution. Attachments' Draft Resolution 2007-21, P+Z Report, site map COUNCIL ACTION: RESOLUTION NO. 2007-21 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP. WHEREAS, a proposal (Case No. 2007-0102) has been submitted by the Huset Park Development Corp. to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Lot 124A, Block 1, Huset Park EXISTING LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park PROPOSED LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on January 3,2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the S9.114. Resolution No. 2006-21 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Passed this _ day of February 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0102 DATE: January 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: Huset Park Development Corporation LOCATION: Lot 124A, Block 1, Huset Park REQUEST: Rezoning of Parcel, Minor Subdivision PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the Huset Park Development Corporation is proposing a minor subdivision located at Lot 124A, Block 1, Huset Park, to correct encroachments onto this property from the adjacent single-family residence located at 525 - 38th Avenue. When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2-foot wide concrete strip, a 7 -foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 - 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the encroachment issues. The current zoning classification for the Huset Park Development Corp property is MXD, Mixed Use Development. The 15-foot strip of land will be rezoned to R-2A, One and Two Family Residential, to be consistent with the zoning classification of the property at 525 - 38th Avenue PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan designates the Huset Park Development Corp property as Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated as Medium Density Residential in the Comprehensive Plan. Staff deferred to the Metropolitan Council to determine whether the Huset Park Development Corporation City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 parcel would need a Comprehensive Plan Amendment in order to rezone the property to R-2A. The City's sector representative at the Met Council determined that the Transit Oriented Development and the Medium Density Residential classifications allowed the same types of uses. For this reason, the Comprehensive Plan would not need to be amended. The use of the land as a single-family residential parcel is consistent with the underlying Comprehensive Plan guidance. Zoning Ordinance The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the minimum lot area requirement is 6,500 square feet. Currently, the property located at 525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is complete, the property will be 50 feet wide and 6,600 square feet in area. FINDINGS OF FACT Zoning Amendment Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met in order for the City Council to approve a Zoning Amendment. They are as follows: a) The amendment is consistent with the Comprehensive Plan. The Metropolitan Council made the determination that the R-2A District is consistent with the Transit Oriented Development classification. The strip of land subdivided from the Huset Park Development Corp property will be rezoned to R-2A. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is needed in order to keep the zoning classification of the current property at 525 - 38th A venue and the zoning classification of the piece of land they will receive consistent. There is no benefit to either the public or the single-family property owner of the proposed zoning amendment. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property to be rezoned is common area for the Schafer Richardson / Ryland Homes townhouse development. The property will be rezoned Page 2 City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 to match the current zoning classification of the property to the east, R-2A. The use of the property at 525 - 38th A venue is a single-family home. The R-2A District is compatible with this use. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The necessity of the rezoning of the 15-foot strip of land from MXD, Mixed Use Development to R-2A, One and Two Family Residential is to correct an encroachment issue that has been in place since the construction of the house at 525 - 38th A venue. Prior to the Huset Park Development Corporation parcel being zoned MXD, it was zoned I, Industrial. The trend in the area has been redevelopment, creating a new housing stock in the City. Correcting minor property line issues is consistent with the overall redevelopment plan for the area. FINDINGS OF FACT Minor Subdivision Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will not create any new lots. The recombination subdivision will split of a 15-foot section of one property and give it to another. b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of this subdivision. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. No new lots will be created as a result of the minor subdivision. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. Page 3 City of Columbia Heights Planning Commission Lot 124A, Block 1, Huset Park January 3, 2007 Case # 2007-0102 e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided. f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is an accurate statement. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. RECOMMENDA TIONS City Staff recommends the Planning Commission recommend that the City Council approve the minor subdivision with the following condition: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. City Staff recommends that the Planning Commission recommend that the City Council approve the rezoning of the 15-foot parcel of land from MXD, Mixed Use Development to R-2A, One and Two Family Residential. Attachments: Draft Ordinance, Draft Resolution, Location Map, Property survey. Page 4 Lot 124 A Encroachment Detail August 31, 2006 1 I Y EASEMENT FOR UTILITY PURPOSES OVER. _--1:::::--:---:--------"", ,0 2~ UNDER. ANO ACROSS THE VACATED ALLEY PER i, ' . , DOCUMENT NO. 631342 SCALE IN FEET ---~~- ---'~----~~~------ , ' _ i-- 25.1---l "', p - f-l~ - ~ I' '", .;..,-- -=.WOOdt- -/- ~~ f~ ~ N ~ 2.0,0 f~~~de : o .......~ x .f x I : I 8~] I ~ 33 1 I ] UJ.Y 1 " " "I" ~ "o~j, " , I , I ___m___l I I I I I I ~--,- -- --,- - --- -- --r- I I I I I I I I ~~ .,.; ~AI~ jp. \' ^" I" I r - \ ,/ \ O\. 1'_' 1\1 '" 1-- X '" I \ j \I I \j l- _ I "- I (, Iv----. " ~ \. \ (~ 1;-" \ ~ , , - ~ -.1 '. \ (_ - 'I"" __ \ \ \ ) v \,... A ',,- J - HUSET PARK Columbia Heights, Minnesota ~ RLK ( INCORPORATED ) ~ -r---- I I I I -1- "" I' " I Duluth. MN Ham Lake, MN Hibbing.MN Minnotonli, MN Phone: 952 933 0972 pax; 952 933 1153 www.rlkinc.com 6110 Blue Circle Drive. Suite 100. :M:innetonh, MN 55343 l!,\.-\J... """..~;)h> l..\"'" c...P, :w f- City of Columbia Helgh,ts County of Anoko " S89 '52'10 "E 136.60 , , .\-'. L L_JO '\~'. I ..t':',,,, I . found mCf1umenl o 1/2 Inch by H Inch Iron monument !let and moffied with Mlnnenolo Ucense No. 2.3968. ",0. ~ ""~'r' '""0" " r \", I:)'.;,--~ Ic'\!i> , .'. I ." .. ,.'t. It;;)", '.'.>' ""C> ,..... -1 - I"'Sl~"~ I I '.\' S89'52'10"E " ~ 3. 6.20 " --- For the purposes I)f thlll plot the Norlh line of Registered Land Survoy No 159, Make County, Minnesota Is ol.lliwmsd ta bear N89.58'J~tE, --- --- o 00 ........." .,,,, ~ '''n', f", SCALE IN - -- -- .. .... --. .. --=- --=- --=- --=- --=- --=- --=-r=J==- -r... ~ -.-I ,,:..'1t: :3 g i 100 , FEET (:;-" 12.------ ,~.Hort!lU".ol!'.fOI51UlIDWn~VETHll.Ia9 \ N89'58'J2"E 723.90 -- 2~:'i.4J N89'S9'tI9"W / (~ 1--...." /,..-' I \ ...1 I '" '" I '" ".., ~ ",', -"..~ I , h'.H .,v~..v. : ,,;:':;~;~~ .1 .:':':..1.... OUTLOT B " """.. . L"~' ",",C,\,HlIJill;l AYF.. L / ~~ n~ NC~;:irE !,': I t-..;"::' <y,:: Co,. / IV'" ;." '4-$,/1/ !!,1 / / / / ( : ;~ :-\~,: " N8~&d1J'E -1 1 I I J "'TI ~ 111 f89'5fJ2-wr-i d:, 1 I I i. 1 I" I" I" I [, ! ".I..JJ~. ''''''''''f '"" u II L-L-J[) N51rllO'<lI7'[ 2\.4.00 SCN.E IN I'm " 30.00 noo ,00 /",'f r{l\~~~A/..?,\-~~~At'Y~\12~~~"!'" "'~?~A --"", f ~'115A ~ \114AS '~~A"'" \1~:~ ~r.rt ~~~ ~;~ J,;~~1"t 'l~~r:::n. ~;5t'"t I\$~~n ~1l$'$'t; ~$"OSm'. tI$5. , ,,;0. . ~ _h ~ h ~ .::! ~b b g; g:- H llf ~ ~ 113 R E 112 ~ E 111 l ~110 a ~ 109 h 108 . ~ 107 :! ~ 2 $~ "";2 "2 i! 2 2: 2. Q b ~ ~ 115 :WTH "."Vto I 2200 I n..oo 11200 'lUJO /12.00 f 2'-00 122.00 I ~D_O(l 1l~"SO'A7'E 2H..OO .~ RLK. """""""''''''-' "--/ ,.- - RLK - Kuuslslo, Ltd; S'ocr SHEET 2 OF 2 SHEETS Description Sketch ,-' ,p' ,-' SCHAFER RICHARDSON 615 First Ave. NE 500 Banks Building Minneapolis, MN 55413 \ 118 116 117 " I I Iln n I I I 17 18 19 20 21 22 23 ILj~U / / Xl)v~:- <j,"'~/ vr 1;4' " '" , / :3~.C}C:~: '~:. \ ,~ ..." , .. ~....,. " .. ~ . "., , ,-,. .... /" ' , " ''''':::::"'. ;;:::'.;;~: :., Drainage and utility easement lover 011 of Lot 12~ \ ( ( \ '(' <. 'v.... -,-".. . .,... ...-. ...."... .... ...c." :~: :":::'::'::::''.;'''::'::'J ::a': c:'~: ,~l~~~:~;~'~~:~.~.---I ; 7' , I'" ,. ", ":" : I~ . ":: :': ". ,::" '" , ,"'. ---1""4 I 6 89'5;/4.",_ -1 ,!,;c:.,<,,,,,Jf~::~' , ~ J 3~~ " ~ o&j~ ,,<( I ~~u1 ;~~;O -'OwO g~2~ .: .........../")~z J~ ii:~ ......(Dwz tQ ,Z::1 ~~~8 13 ~ ~:>C:):';~i( 16 15 ~ ~ .-.1 ... VI ~ I . ..I. '" - .. I \ I" I I .... I I- . ~ , -,. ~, . l... _ , , L "w ",'0 <D .'" ~p .... _0 o z I I I 91 I N69'58'32"E \ '75.00 -__I \ I , 154.09 N69'58' 32"E o "' Proposed description: Lot 124A, Block 1, HUSET PARK, according to the recorded plat thereof, Anoka County, Minnesota, except the East 15.00 feet. 124 24 -r I I I I I I \ I I I h: I .I.....J."", '" I:';::C'/Ll J\ \11-. ,-, ., 1.._ 1 T o 50 1 I SCALE IN FEET Sub ject to easements of record, if any. Drawing File: 04-898-715.DWG Project No. 04-898-L I hereby certify that this survey, plan ar repart was prepared by me or under my direct supervision and that I am a duly Registered Land S or under the I s f the State of Minnesota. ~~. /#; ~ RLK. ( KUtJSISTO LTD ) ~ Duluth. MN. Hibblng, MN. Ham Lake. MN. Mlnnetonka, MN. November 10, 2005 Phone: (952) 933-0972 Fax: (952) 933-1153 www.rlk-kuuslsto.com 6110 Blue Circle Dr.-Suite #100 oMinnetonka, MN. 55343 Kurt M. Kisch, MN License No. 23968 Date Description Sketch -- ,p{ -- / / X\:\y>::". / ,'l-l><~>/ V1 12'4' " ," , / :~~.~)~:~: '::' '" "" . ,. . ~",. ,. .. - . '" . . ~,~ ,.., / ~,,',:~.',::"::~:,'~'. ~~:::1,;~-:::~ Drainage and utility easement lover 011 of Lot 12~ ' ( \ - '(' I." ...... .... ::'::::.: -:'~) :":::'::':::::'YC'~'::;J !g"",::-]~:;:;::;~~--~ 7 :":::': ,-" . .-. 16 15 ~ 6 154.09 N89'58'32"E N89'58'32"E ~-":~4 q- ~ _. 'li ... ~ ~ -----1 1~ { 1~ ;"f 111 1d II 15.00 I ;:~;; ~'I": "-; i. 124A Drainage and ility easement over all of Lot 124A 11 -"' 0....< ~:r'" og~ -< I -V:. I ~ffig -1 ~3~~ ~8~~ e .zz 'j"'O:;;:;;;; 0" ~g"";': g-:-. -= -XI- z" ~ ....oowz ~~~81-1~ I ~n _';~-~ ..", 1 I II I 1\/11--<.1 ..., ,.... L..... , .......' I I I . \ . '.... - 91 I N89'58'32"E I 75.00 ---' I r- - , ,.., ,-,- r \-. 11..1--1 I . l.._' ,..., , , " ~ o >D Proposed description: I \ I I I,J '8 L1U The East 15.00 feet of Lot 124A, Block 1, HUSET PARK according to the recorded plat thereof, Anoka County, Minnesota. Subject to easements of record, if any. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land S r un~r ~w 0 the State of Minnesota. If't' ~~ November 2005 Kisch, MN License No. 23968 Date SCHAFER RICHARDSON 615 First Ave. NE 500 Banks Building Minneapolis, MN 55413 \ 118 116 117 '~( l2'J I I I , I I . "I. ",,_I 1\ 1\11'-'10-. If -,. ~. ~ 1.. _ , , LL 124 22 I I ~ 23 24 w 2~ ~p .... ~o o z -r I I I I I I I I I I t.. p: I I I I I I , 1\!o'1 'I ;-:::: - ~ ~ L _ , ~....I 1 .I.. . " , 'Hllt'-I''-' Ll ~ /""'-. NORTH Y ~ o 50 t I SCALE IN FEET Drowin9 File: 04-898-715.DWG Project No. 04-898-L ~\ RLK ( KUUSISTO LTD ) ~ Duluth, MN. Hibbing. MN. Ham Lake. MN. Minnetonka. MN. Phone: (952)933-0972 Fax: (952) 933-1153 www.rlk-kuusisto.com 6110 Blue Circle Dr. . Suite #100 .Minnetonka, MN. 55343 CITY COUNCIL LETTER Meeting of: February 12, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL No. ITEM: Ordinance Change BY: Gary Gorman BY: No: DATE: February 5, 2007 DATE: Background: The Fire Department and Police Department are requesting minor changes to the existing Public Nuisances section of City Code. On the recommendation of the City Attorney the Fire Department no longer needs to send hearing notices out via celiified or registered mail. A large percent of celiified mail comes back unclaimed. This language will be changed. The Police Depaliment is requesting to add graffiti to the list of Public Nuisances Affecting Peace and Safety. Graffiti was left out during the re-codification of the City Code. The Public Nuisance section of City Code is a better fit for its placement. Analysis/ConcIusions: The change in how hearing notices are sent will speed up the process and provide the cost saving of certified or registered mail. Graffiti removal needs to be added back into City Code and this ordinance will accomplish that. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1520, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1520, being an ordinance amending Chapter 8, Aliicle II of the City Code of the City of Columbia Heights pertaining to public nuisances. COUNCIL ACTION: ORDINANCE NO. 1520 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 11, CITY CODE PERTAINING TO PUBLIC NUISANCES The City of Columbia Heights does ordain: Chapter 8, Article II of the Columbia Heights City Code, which currently reads to wit: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost ~ 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or \vaters used by the public; or (C) Is guilty of ~ny other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. ~ 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (0) The pollution of any public well or cistem, stream or lake, canal or body of water by sewage, industrial waste or other substances; -50- (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (1) All public exposure of people having a contagious disease; and (K) Any offensiye trade or business as defined by statute not operating under local license. ~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses ofill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation oflaw or where, in violation oflaw, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation oflaw, and all liquor and other property used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. ~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface ofa sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under such conditions as are permitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; -51- (H) All hanging signs, awnings and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (I) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (J) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncoyered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (R) The display of any advertisement, literature, poster, or sign of any kind on any telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constitutes a public nuisance under this section; and (S) All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions of this subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. -52- ~ 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice o/violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice o/City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as proYided for in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may. after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall detenl1ine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and ofthe city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council -53- shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. ~ 8.207 RECOVERY OF COST. (A) Persona/liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. (B) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. ~ 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may detemline in each case. -54- Is hereby amended to read as follows: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost ~ 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. ~ 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to cOI:lstitute a health hazard or to emit foul and disagreeable odors; (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. -55- ~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. ~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstructions and excavations affecting the ordinary public use of streets. alleys. sidewalks or public grounds except under such conditions as are permitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (H) All hanging signs, awnings and other similar stmctures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (I) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (J) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; -56- (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (R) The display of any advertisement, literature, poster, or sign of any kind on any telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constitutes a public nuisance under this section; and (S) Failure to remove or cover graffiti within two business days (Monday through Fridav. excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance For purposes of this section. graffiti is defined as the unpermitted application of anv drawing. inscription. figure or mark upon a structure. wall. rock. bridge. building. fence. gate. roadway. tree or other real or personal property. either privatelv or publicly owned. ts1 (1) All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions ofthis subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. -57- ~ 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice of violation shaH specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive reliefby serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; Sll1nmalY enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall detelmine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises ofthe nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council -58- shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. 9 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. (B) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. g 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. -59- CITY COUNCIL LETTER Meeting of Februarv 12,2007 NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman CITY MANAGER APPROVAL BY;/(, DATE: AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire DATE: February 5,2007 NO: 2007-23 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ban Properties regarding rental property at 4801 Grand Avenue 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.2007-23, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-23, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ban Properties regarding rental property at 4801 Grand Avenue N.E. COUNCIL ACTION: RESOLUTION 2007-23 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 Ban Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 22,2007 of an public hearing to be held on February 12,2007. 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 November 7, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 22, 2007, 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 rental1icense application. b. Failure to schedule a rentallicense 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 In 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rentallicense belonging to the License Holder described herein and identified by license number U4801 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 2007 Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of February 12, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV A By:!J4 NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: February 5,2007 DATE: NO: 2007-24 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against L & P Asset Holding LLC regarding rental property at 4502 Washington 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.2007-24, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-24, 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 L & P Asset Holding LLC regarding rental property at 4502 Washington Street N.E. COUNCIL ACTION: RESOLUTION 2007-24 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 L & P Asset Holding LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4502 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 11, 2007 of an public hearing to be held on February 12,2007. 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 31,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 11,2007, 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 February 5, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall provide and install a cover on the electrical box on the back of the hot water heater. b. Shall install a door on the northwest bedroom. c. Shall scrape and paint the garage. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F81 07 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2007 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 Februarv 12,2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman BY:a, ' DATE: February 5,2007 DATE: NO: 2007-25 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kyle Smith regarding rental property at 4544 Fillmore 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.2007-25, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-25, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street N.E. COUNCIL ACTION: RESOLUTION 2007-25 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 rentallicense held by Kyle Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544-46 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 11,2007 of an public hearing to be held on February 12,2007. 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 31, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 16, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted seven 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 December 4,2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted six 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. The owner was given additional time to complete the repairs due to the structure being vacant. 4. That on January 2, 2007, inspectors for the City of Columbia Heights performed another inspection and noted two violations remained uncorrected inside. Some of the exterior items remaining uncorrected were given an extension until spring of 2007. 5. That on January 11,2007 two violations remained uncorrected. 6. That on February 1,2007 it was noted that two violations remain uncorrected. 7. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall have an approved company service the fire extinguisher in the hallway b. Shall replace the missing door closer on the front storm door. 8. 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 F811 0 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. day of 2007 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 February 12,2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: February 5, 2007 DATE: NO: 2007-26 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Boopendra Phalgoo regarding rental property at 4341 Tyler 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.2007-26, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-26, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler Street N.E. COUNCIL ACTION: RESOLUTION 2007-26 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) ofthat certain residential rental license held by Boopendra Phalgoo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4341 Tyler Place N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 22,2007 of an public hearing to be held on February 12,2007. 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 January 9,2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 January 22, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on February 2, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall remove anylall garbage from around the dumpster area. Including oil, stove, tv. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F811 7 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 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of Februarv 12,2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: DATE: February 5, 2007 DATE: NO: 2007-27 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Salah Farghaly regarding property at 4625 Tyler 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. 2007-27, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-27, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2007-27 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 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 regular mail to the owner of record on January 5, 2007 and on January] 7,2007. 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 ]. That on January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability ofthe City of Columbia Heights to locate a responsible person for this property the Fire Chief ordered an immediate abatement of all graffiti on the structure. On January 16,2007 the Fire Chief was notified of graffiti on the structure located at this address. The Fire Chief ordered an immediate abatement of all graffiti on the structure. 2. That on January 5, 2007 DuAII Services spray-painted over the graffiti. On January] 7, 2007 DuAII Services spray-painted over the new graffiti. 3. That on January 5, 2007 and on January] 7,2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Graffiti of an offensive nature existed and was removed. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 4625 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 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 ]. The property located at 4625 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 Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of February 12,2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: February 5, 2007 DATE: NO: 2007-28 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Salah Farghaly regarding property at 4633 Tyler Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waiye the reading of Resolution No. 2007-28, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-28, a resolution of the City Council of the City of Columbia Heights declaring the property at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2007-28 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 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 regular mail to the owner of record on January 5, 2007. 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 January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability of the City of Columbia Heights to locate a responsible person for this property the Fire Chief ordered an immediate abatement of all graffiti on the structure. 2. That on January 5,2007 DuAll Services spray-painted over the graffiti. 3. That on January 5,2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Graffiti of an offensive nature existed and was removed. 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 4633 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 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 4633 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 Passed this day of 2007 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: February 12,2007 AGENDA SECTION: NO: ORIGINATING DEPARTMENT: CITY MANAGER CITY MANAGERS APPROVAL ITEM: Donation to ACHS for Anoka County Sesquicentennial BY: DATE: Walt F ehst February 5, 2007 NO: Background: Todd Mahon, Executive Director of the Anoka County Historical Society (ACHS) has indicated that Anoka County has charged their group with the duty to plan and execute the Anoka County 150th Anniyersary celebration. The ACHS has requested a donation of$I,OOO from the City of Columbia Heights. This was discussed at the January 29,2007 work session, which indicated two possible alternatives - a full contribution or a shared contribution with the Columbia Heights Historical Society. Alternate Motion: Move to contribute $1,000 toward the Anoka County 150th Anniyersary celebration with funding to come from the fund balance. Alternate Motion: Move to request the Columbia Heights Historical Society donate $500 to the Anoka County 150th Anniyersary celebration and to match their contribution of $500, with funding to come from the fund balance. COUNCIL ACTION: