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October 8, 2007 Regular
CITY OF COLUMBIA HEIGHTS Mavor Gan' L. Peterswr 590 40'h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Couneilmembers visit ourwebsiteat: ra~n•x~.ci.rn(trrnbia-hei~~fcts.ran.uc Robert A. Wi/liams Bruce Naw•rocki Tammera Diehm Bruce Kelze~aberg City Manaeer IValter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 08, 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. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Dan Thompson, 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 of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. U.S. Congressman Keith Ellison, representative of Minnesota's Fifth District. B. C.E.R.T. Reco nign tion C. Proclamation -Polish American Heritage Month P5 D. Proclamation -Teen Read Week P6 E. Proclamation -Domestic Violence Awareness Month -Alexandra House, Inc. P7 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. Approve minutes for the Columbia Hei htg s City Council meeting of September 24, 2007. P8 MOTION: Move to approve the minutes for the Columbia Heights City Council meeting of September 24, 2007. B. Accept meeting minutes of Columbia Heights Boards and Commissions. MOTION: Accept the September 20th minutes of the Telecommunications Commission. P32 MOTION: Accept the October 2nd minutes of the Planning and Zoning Commission. P37 MOTION: Accept the September 4th minutes of the Library Board. p4a City Council Agenda Monday, October 08, 2007 Page 2 of 4 C. Establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, p44 October 22, 2007, at 6:30 p.m. in Conference Room 1. MOTION: Move to establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, October 22, 2007, at 6:30 p.m. in Conference Room 1. D. Adopt Resolution No. 2007-198, being a Resolution to cancel the Monday, November 12, 2007 P4s City Council meeting MOTION: Move to waive the reading of Resolution No. 2007-198, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-198, being a Resolution canceling the Monday, November 12, 2007 City of Columbia Heights regular City Council meeting. E. Approve Transfer of Funds from General Fund to Police Department 2007 Budget Overtime P47 Line #1020 MOTION: Move to transfer $3,254.26, the amount of money received from the State of Minnesota for our efforts in Operation NiteCap program in 2007 from the General Fund to the Police Department 2007 Budget line #1020, Overtime. F. Approve Updating of Anoka County-City Joint Powers Agreement for Mutual Aid P49 MOTION: Move to approve the attached Anoka County-City Joint Powers Agreement for Mutual Aid and to authorize the City Manager and Mayor to execute the agreement on behalf of the City of Columbia Heights. G. Accept U.S. Department of Justice COPS 2007 Secure Our Schools Grant #2007CKWX0140. P6s MOTION: Move to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice COPS 2007 Secure Our Schools grant in the amount of $34,333, with the 50 percent match of $34,333 to be paid by the Columbia Heights School District. H. Approve Lease Agreement with the Columbia Hei~Lhts Athletic Boosters to conduct Lawful P69 Charitable Gambling at Top Valu Liquors. MOTION: Move to authorize the Mayor and City Manager to enter into a lease for lawful gambling activities at Top Valu I and II with the Columbia Heights Athletic Boosters. I. Approve certification of Miscellaneous Delinquent Charges P~n MOTION: Move to waive the reading of Resolution 2007-204 there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-204 being a resolution to certify miscellaneous delinquent charges to Anoka County for collection with the property taxes payable in 2008. J. Adopt Resolution No. 2007-192, being a resolution to establish the amount of City share and P78 amount of Special Assessments on proiects to be levied. MOTION: Move to waive the reading of Resolution No. 2007-192, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2007-192 being a resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. K. Approve the items listed for rental housing license applications for October 8, 2007 Pao City Council Agenda Monday, October 08, 2007 Page 3 of 4 MOTION: Move to approve the items listed for rental housing license applications for October 8, 2007. L. Approve Business License Applications Motion: Move to approve the items on the business license agenda for October 8, 2007 as presented. M. Approve payment of the bills Ps4 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123046 through Check Number 123247 in the amount of $609,957.67. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business Public Safe , Facility Update 7. PUBLIC HEARINGS A. Revocation by Resolution of the license to operate a rental unit within the City of Columbia P93 Heights is requested against rental properties at: 2007-193 - 4610-4612 Fillmore Street N.E. 2007-194 - 3819 Van Buren Street N.E. 2007-196 - 939 42'h Avenue N.E. 2007-197 - 943 42nd Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2007-193, 2007-194, 2007-196, 2007-197, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2007-193, 2007-194, 2007-196, 2007-197, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. B. Declaration of a nuisance and abatement of violations within the City of Columbia Hei hg ts, by P94 Resolution, is requested re ag rding_property at; Resolution No. 2007-199 - 4224 Jackson St. Resolution No. 2007-200 - 4618 Polk St. Resolution No. 2007-201 - 230 44th Ave. Resolution No. 2007-202 - 4415 Main St. Resolution No. 2007-203 - 4634-46 Polk St. for failure to meet the requirements of the Residential Maintenance Code. City Council Agenda Monday, October 08, 2007 Page 4 of 4 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2007-199, 2007-200, 2007-201, 2007-202, and 2007-203 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2007-199, 2007-200, 2007-201, 2007-202, 2007- 203, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER ll. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm PROCLAMATION OCTOBER - 2 0 0 7 - POLISH-AMERICAN HERITAGE MONTH WHEREAS, October is Polish-American Heritage Month, a national celebration of Polish Heritage. The Polish American Heritage Month Committee, founded in Philadelphia, Pennsylvania, to bring attention to the contributions of Poles and Polish Americans to the United States and world history, is celebrating their Twenty-Sixth Anniversary. In 2007, Poland is observing the 216`h Anniversary of their Constitution. WHEREAS, the City of Columbia Heights has many residents who take pride in their Polish heritage and traditions. WHEREAS, our Columbia Heights, MN/Lomianki, Poland, Sister Cities International, Committee is observing their Sixteenth Anniversary of this special and unique relationship. WHEREAS, we are proud of the accomplishments of our members who have diligently worked on many successful civic, educational, cultural and humanitarian activities during these sixteen years. WHEREAS, special activities this month will benefit our Sister City, Lomianki Poland and the City of Columbia Heights; WHEREAS, visits and travels to Lomianki and other areas of Poland have enhanced our appreciation of Polish history and culture. Our bonds of international friendship with Lomianki are strengthened by sharing mutual ideals of Pride, Patriotism and Peace. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, Minnesota, do hereby designate October as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota Mayor Gary L. Peterson PROCLAMATION DECLARING OCTOBER 14t" THROUGH OCTOBER 20th, 2007 AS TEEN READ WEEK IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, the ability to read and process information is a basic survival skill in today's global information society; and WHEREAS, the reading proficiency of teens on the national level has remained stagnant over the last thirty years; and WHEREAS, the number of students who can read but choose not to do so is increasing; and WHEREAS, the most effective way to improve reading skills is to read regularly and often; and WHEREAS, too few of today's teens think reading is a valuable tool for enjoyment and relaxation as well as for schoolwork; and WHEREAS, regular daily reading for the fun of it creates the reading habit for life; and WHEREAS, all concerned adults can serve as role models by reading for fun themselves; THEREFORE, BE IT RESOLVED that I, Mayor Gary L. Peterson, do hereby proclaim October 14-20, 2007, Teen Read WeektTM~ here in Columbia Heights, Minnesota and encourage teens and their parents to read for the fun of it. Mayor Gary L. Peterson 6 PROCLAMATION OF OCTOBER 2004 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Gary L. Peterson proclaim October to be Domestic Violence Awareness Month. Mayor Gary L. Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 24, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m.PM on Monday, September 24, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Jeremiah Rice, Assoc. Pastor of Youth/Young Adults at Oak Hill Baptist Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Item 7-F 4644 Washington Street, 7-H 5020 4th Street, 7-N 4612 Polk Street, 7-Q 4600 Polk Street, and 7-P 3819 Van Buren Street N.E. as these properties have been brought into compliance. Nawrocki requested to add discussion of the proposed Activity Center and the newsletter. Peterson indicated this can be addressed under the Manager's report. Nawrocki indicated that the agenda was not on cable T.V. on Friday or Saturday. PROCLAMATIONS PRESENTATION RECOGNITION GUESTS Peterson indicated he would add Announcements under Proclamations, Presentations, Recognition, and Guests. Peterson read the Financial Planning Week Proclamation. Peterson introduced Marlaine Szurek, representative for the Library Foundation Capital Campaign Fundraiser. Marlaine Szurek stated that this group has been formed to build a new library. The campaign is called "Your Library is Over Due". It has been over 30 years since anything has been done at the Library and that was to turn the basement into the children's area. Children should not be limited to a basement. She passed out brochures and indicated where the brochures could be obtained. Any donation will be accepted. As a community, we need to support our Library. A library should have been included in the proposed community center, but it won't be. Donations can be made to the Columbia Heights Library Foundation Board. She stated her hope that everyone that has used the Library would give a donation. Once we have this money, we can go out for grants or go to foundations and corporations for support. Szurek listed the increase in the number of books and the number of people that have visited the library. Williams asked what the overall goal was. Szurek stated they decided not to set a goal. The idea is to get everyone in Columbia Heights to contribute. Nawrocki asked if they have raised any money so far. Szurek indicated yes, but she did not have that number available. The Heights Theater fund raiser during the holidays is placed in this fund. Nawrocki indicated that he would make a $100 donation. City Council Minutes Monday, September 24, 2007 Page 2 of 24 Peterson stated that the youth have lost a long time Columbia Heights baseball supporter. W. Elmer Buttweiler has passed away. Peterson indicated that our Chief of Police, Tom Johnson, will be leaving for a position at the State of Minnesota, effective October 24`h. We appreciate the 12 years he has served here as Chief of Police. Diehm stated the Crestview Gala would be held on October 5`". October 6`'' Parkview Villa will hold their annual Bazaar. CONSENT AGENDA Nawrocki requested to remove items B, C, D, F, G, H, and question J. A. Approve minutes for the Columbia Hei htg_ s City Council meeting of September 10, 2007. Motion to approve the minutes for the Columbia Heights City Council meeting of September 10, 2007. B. Establish an Executive Session for the purpose of Labor Negotiation discussion on Monday October 1, 2007. -Removed C. Adopt Resolution 2007-169, being a Resolution adopting revisions in the Personnel Policy Manual re ag_ rdin~ meal reimbursement. -Removed D. Authorize School Liaison Officer Contract with School District #13 for 2007-2008. -Removed E. Approve Premises Permit Application Class B for Minnesota Youth Athletic Services (MYAS) to Conduct Charitable Gambling Activities at Star Central. Motion to 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 Minnesota Youth Athletic Services in conjunction with activities at Star Central, 4001 Central Avenue NE, Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. F. Accept the MN Blue Cross Blue Shield Active Community Plannin Gg rant. -Removed G. Approve Professional Services Agreement from Bonestroo for a Pedestrian Mobilit Plan (Gifu Sidewalk and Trail Plan). -Removed H. Approval of Professional Services Agreement with Brauer and Associates for architectural consulting for Silver Lake Park. -Removed Approve the items listed for rental housing license applications for September 24, 2007 Motion to approve the items listed for rental housing license applications for September 24, 2007. J. Approve Business License Applications Motion to approve the items on the business license agenda for September 24, 2007 as presented. City Council Minutes Monday, September 24, 2007 Page 3 of 24 K. Approve payment of the bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122873 through Check Number 123045 in the amount of $2,196,654.37 Motion by Williams, second by Diehm, to approve the Consent Agenda items with the exception of Items B, C, D, F, and G. Upon vote: All ayes. Motion carried. Items removed from the Consent Agenda for discussion B. Establish an Executive Session for the nuroose of Labor Negotiation discussion on Monday. October 1, 2007. Motion by Diehm, second by Kelzenberg, to establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, October 1, 2007, at 7:00 p.m. in Conference Room 1. Nawrocki questioned if this should be a separate meeting. Fehst indicated it would be. C. Adopt Resolution 2007-169 being a Resolution adopting revisions in the Personnel Policy Manual re ag rdin~ meal reimbursement. Nawrocki questioned the reason for this change. Fehst stated there have been times when expense reports come back with no receipts. A per diem makes sense, as with a group it is difficult to obtain a receipt. The per diem is different for each city. The full amount is not allowed on the day you arrive and the day you return. People that attend events in the seven county area are still required to submit receipts. Nawrocki stated that he was not aware that receipts were required. He itemizes each day. Per diem indicates that you get the full amount - no matter what. Fehst stated that you don't have to take the per diem, but it would be allowed by policy. Fehst stated that this does not deal with transportation or lodging. Nawrocki stated that the amount changes every six months. Fehst stated that we also change our mileage amount every year. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-169, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-169, being a resolution. adopting revisions in the Personnel Policy Manual. Upon vote: Kelzenberg aye, Williams, aye, Diehm, aye, Nawrocki, nay Peterson aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-169 ADOPTING REVISIONS IN THE PERSONNEL POLICY MANUAL WHEREAS, in order to establish an equitable and uniform procedure for dealing with personnel matters, the City of Columbia Heights previously adopted a revised Personnel Policy Manual, dated December 11, 2000. WHEREAS, as a result of a review of the Personnel Policy Manual, revisions to Appendix A-Travel and Meal Compensation, of the Personnel Policy Manual are recommended for adoption; and NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council. that it does hereby adopt the changes to the Personnel Policy Manual, dated September 24, 2007, a copy of which is attached and a part of this resolution; and, BE IT FURTHER RESOLVED that such revision in the Personnel Policy Manual be effective September 24, 2007. D. Authorize School Liaison Officer Contract with School District #13 for 2007-2008 Nawrocki stated that the North Park School was not included on this list. Chief Johnson stated 10 City Council Minutes Monday, September 24, 2007 Page 4 of 24 that school is in Fridley and is handled by them. Nawrocki asked the current cost. Johnson stated it has been reduced by $826, as the current officer's longevity is less. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and Police Chief to enter into a joint powers agreement with School District #13 for the provision of a school liaison officer as stipulated in the joint powers agreement for the period of September 4, 2007 through June 5, 2008. Upon vote: All ayes. Motion carried. F. Accept the MN Blue Cross Blue Shield Active Community Plannin Gg rant. Kevin Hansen stated this collaboration is with Blue CrossBlue Shield. We applied for a bike trail grant from the Transit for Livable Communities in 2006-2007 and we did not receive it, as we did not have a bike trail plan in place. This also involves updating our Comprehensive Plan. Our intent is to meet the grant requirements and put together a formal bike trail plan to have a future basis for grants and funding. Hansen stated that this is not a formal trail proposal. We would identify transit routes, school routes, etc. for future planning efforts. Motion by Diehm, second by Kelzenberg, to accept the Minnesota Blue Cross Blue Shield Grant (MNBCBS) in the amount of $23,000 and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. G. Approve Professional Services Agreement from Bonestroo for a Pedestrian Mobility Plan City Sidewalk and Trail Plan). Nawrocki asked if there would be additional money requested. Hansen stated there would be a mailing, an addition to the web site, and staff time. Motion by Williams, second by Diehm, to approve the Professional Services Agreement with Bonestroo for the preparation of a Pedestrian Mobility Plan in the 2008 Comprehensive Plan update. Upon vote: All ayes. Motion carried. H. Approval of Professional Services Agreement with Brauer and Associates for architectural consulting_for Silver Lake Park. Nawrocki asked if this is to replace the shelter. Hansen stated that this title should have been for Silver Lake Beach. He listed items to be changed such as play equipment, reorienting the parking lot, providing for a system of trails, and decreasing the size of the beach. This area is included in the Rice Creek Watershed and must meet also their requirements. Motion by Williams, second by Kelzenberg, to approve the Professional Services Agreement with Brauer and Associates for Architectural consultant services for the design and construction phase of park improvements for Silver Lake Beach Park in an amount not-to-exceed $20,000, and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg aye, Williams, aye, Diehm, aye, Nawrocki, nay, Peterson, aye. 4ayes - 1 nay. Motion carried. Nawrocki questioned the business license request for Window Store of Plymouth that is pending Police Department approval. Johnson indicated that his department does the background checks. He stated his belief that the solicitation permit is for window treatments. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 11 City Council Minutes Monday, September 24, 2007 Page 5 of`24 B. Bid Considerations Approve award of 2006 and 2007 Sanitary Sewer Lining to Visu-Sewer Clean & Seal Inc., Project #0604 and #0704 Motion by Diehm, second by Williams, to waive the Reading of Resolution No. 2007-170, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to approve and adopt Resolution No. 2007-170, accepting bids and awarding the 2007 Sanitary Sewer Lining Project #0604 and #0704 to Visu- Sewer Clean & Seal Inc., based upon their low, qualified, responsible bid in the amount of $333,234.00 with funds to be appropriated from Fund 652-50604-5130 and 652-50704-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Kevin Hansen, Public Works Director, stated this is for the 2006 and 2007 sewer lining program. He indicated that the two low bids were different by only $180 and very highly competitive. The first focus area is Huset Parkway, as there is perched ground water in this area. We are also focusing on 44`'' and Central and 51 S` and Madison area. MCS is included with this and they are focusing on 51 S` and Madison. Hansen stated he is still waiting for the Joint Powers Agreement from MCS. Nawrocki asked what they would pay. Hansen stated their portion would be $54,000. Nawrocki questioned what work we are currently doing in the area of 51 S` and Madison. Hansen stated that is the water lining project. Nawrocki indicated that several years ago there were backups in that area. We could not get League insurance because our lines were insufficient. Our lines were brought up to the standard and we now have insurance. He stated his feeling that those people should have received money on their claims. Fehst stated that we had never attempted to obtain this insurance and when we did, there were parameters that we had to meet. Hansen stated that there were maintenance activities we needed to follow, such as a three year cleaning cycle. There was not an issue of deficiency. Upon vote: All ayes. Motion carried. C. Other Business Public Safety facilit~pdate Johnson stated that on the 21 S` we had a representative from Buetow ride with our officers. We are waiting for the survey documentation. We will start our five focus groups very soon. Buetow is coming tomorrow to do some measuring of our current facilities. PUBLIC HEARINGS A. 2nd Reading: Ordinance 1530, Zoning Amendment to the Zoning Code as it Relates to Interim Uses. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1530, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1530, being an Ordinance adopting the proposed zoning amendments outlined in Ordinance 1530. Nawrocki stated there were two different ordinances presented and asked which one is being adopted. 12 City Council Minutes Monday, September 24, 2007 Page 6 of 24 Jeff Sargent, City Planner, stated that they are the same ordinance, with the second ordinance in a format that shows additions and deletions. The first ordinance is the text to be adopted. Peterson closed the public hearing and called for the vote. Upon vote: All ayes. Motion carried. Ordinance No. 1530 may be found at the end of this document. B. 2nd Reading;: Ordinance 1531, Zoning Amendment to the Zoning Code as it Relates to Monument Signs. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1531, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1531, being an Ordinance adopting the proposed zoning amendments outlined in Ordinance 1531. Upon vote: All ayes. Motion carried. O~-ditaarace No. 1531 may be found at the end of this document. C. Adopt Resolution No 2007-173 being? a Resolution for abatement of violations at 4655-57 Polk Street N.E. Fire Chief Gary Gorman stated this property is now rental and we are trying to get the paperwork from the owner. It has two violations remaining in the back yard. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-173, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-173, a resolution of the City Council of the City of Columbia Heights declaring the property at 4655-57 Polk Street N.E. a nuisance and approving the abatement of violations from the properly pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-173 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 Barbara Cooper (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4655 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 27, 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 July 18, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 27, 2007 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 and regular mail to the owner listed in the property records. 3. That on September 13, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 13 City Council Minutes Monday, September 24, 2007 Page 7 of 24 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 dead tree (tree stump} in the back yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4655 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4655 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. D. Adopt Resolution No. 2007-174 being a Resolution for abatement of violations at 3704 T Street N.E Fire Chief Gary Gorman stated the property is vacant, and is in foreclosure, so the work in the back yard is not getting done. Mayor Peterson asked if there was anyone 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. 2007-174, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-174 Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Robert Hoffinan regarding rental property at 3704 Tyler Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-174 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 Robert Hoffman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3704 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 certified mail to the owner of record on September 6, 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 July 30, 2007 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 September 6, 2007 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 and regular mail to the owner listed in the property records. 3. That on September 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 large tree that has fallen in the back yard. Stump must also be removed to below grade. 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 14 City Council Minutes Monday, September 24, 2007 Page 8 of 24 1. That the property located at 3704 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 3704 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. E. Adopt Resolution No. 2007-175 being a Resolution for abatement of violations at 1026 40th Avenue N.E. Fire Chief Gary Gorman stated this is a vacant fourplex, with the retaining wall fallen down. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-175, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-175, a resolution of the City Council of the City of Columbia Heights declaring the property at 1026 40th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-175 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 Shahdi Hossein (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1026 40`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 30, 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 July 31, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 30, 2007 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 and regular mail to the owner listed in the property records. 3. That on September 13, 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 repair retaining wall that has fallen down in back. 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 1026 40th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 15 City Council Minutes Monday, September 24, 2007 Page 9 of 24 1. The property located at 1026 40`" Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. F. Adopt Resolution No. 2007-176 being a Resolution for abatement of violations at 4644 Washington Street N.E. -Removed G. Adopt Resolution No. 2007-179 being a Resolution for abatement of violations at 4424 Van Buren Street N.E. Fire Chief Gary Gorman stated this abatement is for outside storage in the front yard. We have talked to the owner. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-179, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-179, a resolution of the City Council of the City of Columbia Heights declaring the property at 4424 Van Buren 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 2007-179 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 lI, of City Code, of the property owned by Karen Ravine (Hereinafter "Owner of Record"). whereas, the owner of record is the legal owner of the real property located at 4424 Van Buren Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article ]I, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 28, 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 August 7, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 28, 2007 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 and regular mail to the owner listed in the property records. 3. That on September 12, 2007 inspectors reinspected the properly 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. 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 4424 Van Buren 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 4424 Van Buren 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. 16 City Council Minutes Monday, September 24, 2007 Page 10 of 24 H. Adopt Resolution No. 2007-180 being a Resolution far abatement of violations at 5020 4th Street N.E. -Removed I. Adopt Resolution No. 2007-181 bein>? a Resolution for abatement of violations at 3930 University Avenue N.E. Fire Chief Gary Gorman stated this was the old Root Equipment property. The business is gone. The property was sold this past spring and has been abandoned. There has been a lot of dumping of trash there. We have unsuccessfully tried to contact the owners. It will be a long and expensive abatement. Gregory Stull stated that he is the registered owner of 3930 University Avenue. The seller was Jim Jensen, owner of Root Equipment. Stull stated that the purchase agreement includes a demand for cleanup. He indicated that he has had problems reaching the former owner, but has found that he has suffered a family tragedy. Stull requested 30 days to complete the clean up. He stated that if the property was abated, he would have to go back upon the prior owner for repayment. Gorman stated this is Council approval for abatement and the time frame allows a couple weeks before work begins. We will work with the owner to allow him to get this done, as we would rather have the owner do the work. Williams questioned if Mr. Stull held money back on the contract. Stull stated yes, but it is never enough. Diehm asked when the property was purchased. Stull stated about two to three months ago. Gorman stated that there has been a lot of dumping on this site. Nawrocki objected to any extra time to clean this up, as it is a mess. If it snows, they will want to wait until next spring. Gorman stated it takes us two weeks to obtain the search warrant to enter the property. Kelzenberg questioned Stull on his intentions for the property. Stull stated that he intends to market or develop the property. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-181, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-181, a resolution of the City Council of the City of Columbia Heights declaring the property at 3930 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOL[JTION 2007-181 Resolution of the City Council for the City of Columbia Heights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 13, 2007 Now, therefore, in accordance with the foregoing, and alt ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 6, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 17 City Council Minutes Monday, September 24, 2007 Page 11 of 24 2. That on September 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 24, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any trash, storage and debris from the property. Shall clean the driveway and surrounding property up, shall cut and remove all/any tall grass and/or weeds/scrub growth from the property, and shall secure the openings of all buildings and structures on the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. J. Adopt Resolution No. 2007-182 beinl? a Resolution. for abatement of vo__lations at 4656 Polk Street N.E. Fire Chief Gary Gorman stated this property is vacant. Item B was completed. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2007-182, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-182, a resolution of the City Council of the City of Columbia Heights declaring the property at 4656 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-182 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 Va-Megn Thoj (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4656 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 27, 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 July 31, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 13, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: shall remove all areas of scrub growth the property, and shall remove all/any outside storage from the property 18 City Council Minutes Monday, September 24, 2007 Page i 2 of 24 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 4656 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property fisted 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 4656 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. K. Adopt Resolution No. 2007-183 being a Resolution for abatement of violations at 4109 Main Street N.E. Fire Chief Gary Gorman stated that this property has been vacant since January. There have been multiple owners, making contact difficult. The only item remaining is the scrub growth. Mayor Peterson asked if there was anyone 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. 2007-183, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-183, a resolution of the City Council of the City of Columbia Heights declaring the property at 4109 Main 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 2007-183 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 Jacob Van Meeteren (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4109 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 6, 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 July 30, 2007 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 September 6, 2007 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 and regular mail to the owner listed in the property records. 3. That on September 12, 2007 inspectors reinspected the property and found that one violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: shall remove the scrub growth in the back, around the fence. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4109 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notica of Abatement. 19 City Council Minutes Monday, September 24, 2007 Page 13 of 24 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 4109 Main Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. L. Adopt Resolution No. 2007-184 being a Resolution for abatement of violations at 3953 Jackson Street N.E. Fire Chief Gary Gorman stated this was rental properly, and that license was revoked. The building is for sale. There has been no contact from the owner. There are seven violations on the property exterior. Mayor Peterson asked if there was anyone 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. 2007-184, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-184, a resolution of the City Council of the City of Columbia Heights declaring the properly at 3953 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-I84 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 Joel Virtue (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3953 Jackson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 6, 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 August 6, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 6, 2007 inspectors re-inspected the property listed above. Inspectors noted that seven. violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 12, 2007 inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall install sod, grass seed, or approved landscaping material on all bare spots of the yard, shall repair/replace the front screen door that is broken, has the screen falling out, shall replace all rotted fascia on the south side of the house, shall repair/replace the garage roof. Numerous damaged/cupped shingles, shall replace the missing metal siding corners on the garage (alley side), shall repair the sofftt on the rear of the house, and shall remove the large, dead tree branches hanging off the tree in the back yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3953 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant 20 City Council Minutes Monday, September 24, 2007 Page 14 of 24 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 3953 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. M. Adopt Resolution No. 2007-185 being; a Resolution for abatement of violations at 4642 Taylor Street N.E. Fire Chief Gary Gorman stated this property had four outdoor violations, of which A and B are complete. A call was received from the bank stating that they are in the process of getting someone to work on the remaining items. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-185, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-185, a resolution of the City Council of the City of Columbia Heights declaring the property at 4642 Taylor 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-I85 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 Becky Xiong (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4642 Taylor Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 27, 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 July 18, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via. certified and regular mail to the owner listed in the property records. 3. That on September 13, 2007 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: shall remove all areas of scrub growth, and shall patch/repair the wall in the alley, west side of garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4642 Taylor 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. 21 City Council Minutes Monday, September 24, 2007 Page 15 of 24 ORDER OF COUNCIL 1. The property located at 4642 Taylor 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. N. Adopt Resolution No. 2007-186 being a resolution for rental housing license revocation at 4612 Polk Street N.E. -Removed O. Adopt Resolution No. 2007-187 being a resolution for rental housing license revocation at 3819 Van Buren Street N.E. -Removed P. Adopt Resolution No. 2007-190 being a resolution for rental housing license revocation at 4645 Washington Street N.E. Fire Chief Gary Gorman stated this property is believed to be vacant. They did not submit the application, fee, or schedule the inspection. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-190, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-190, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Westlake Settlement Services regarding rental property at 4645 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-I90 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Westlake Settlement Services (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4645 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 5, 2007 of an public hearing to be held on September 24, 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 July 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this properly. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 5, 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: Failure to submit a renewal rental license application and the fee and failure to schedule and have performed a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8079A 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; 22 City Council Minutes Monday, September 24, 2007 Page 16 of 24 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Q. Adopt Resolution No. 2007-191 being a resolution for rental housing license revocation at 4600 Polk Street N.E. -Removed Nawrocki stated that he was glad to see 4644 Washington was cleaned up. He stated that Circle Terrace looked cleaner today, with only two TV's next to the street. There is progress on community the clean up. ADMINISTRATIVE REPORTS Report of the City Manager • Activity Center -Council met with the ACAC last Monday night and discussed the summary of their July Open House. There was a report submitted with the background and alternatives that the committee will show at the third open house. The recommended rooms and sizes were listed. These were downsized from the original size because the committee was made aware of funding issues. At this point, the projected capital cost is about $14,457,000. Of that, approximately $10,000,000 is construction costs. If the City approved funds that are set aside are used, the amount financed would have to be $10,557,000. The average cost to a $194,000 median valued house would be $107 per year. That same day we received the study/report from the YMCA. They will meet with us on October 15 to discuss if they are interested in participating with us. A preliminary look at the report indicates they would be interested if a pool were included. If that is the case, their contribution would make a difference. The third public hearing will be held sometime in November. Nawrocki read a prepared statement regarding his personal opinion on any type of community center. He stated that his comments did not reflect other Councilmembers feelings. He referred to the YMCA study consideration, to consider working with the School District, listed project cost estimates, indicated that a public referendum should be held, questioned competition by facilities for residents, and indicated that we have had an activity center in Murzyn Hall since 1938. Newsletter Nawrocki referred to last year's newsletter, stating that we need to improve the budget information, being more factual than using a sales approach. If we talk about LGA losses, we should talk about the increases we have had, including the HRA levy and County HRA levy that was approved. He indicated the overall effect would be about a 10 percent increase. He referred to the newspaper article indicating the cities not participating in the County HRA levy. We need information in the newsletter about appliance pickup. Fehst stated that information was in the last several newsletters. We also left information at resident's homes to explain this. Williams requested an explanation regarding when the State would have funded our improvements. Fehst referred to the time period of local government revenue sharing called Local Government Aid. He explained the advantage of that time was to fund through General Obligation Bonds when five-eights of very dollar were paid by the State. Had we done projects then, such as road improvements, there would have been a substantial savings. Nawrocki stated that information was not accurate. We were one of the better beneficiaries of LGA, but there were limitations. We tried to maximize usage and received more from LGA 23 City Council. Minutes Monday, September 24, 2007 Page 17 of 24 than we levied in tax dollars. Report of the City Attorney -nothing to report Peterson asked a lady in audience if she was the new Sun-Focus reporter. Kassie Petermann introduced herself as the new reporter. Nawrocki stated that he, and others in his neighborhood, did not receive their newspaper this week. CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • The Columbia Heights Football Homecoming Game is this Friday. Support them. Williams Diehm Encouraged Kassie, of the Focus, to learn about the NLC Congress of Cities conference that several Councilmembers are attending from November 13 to 18. He is going and wants to come back with good ideas for our community. Pay now - or pay later. Fehst indicated how building costs have increased since Andover and Elk River built their comznurzity cezztez-s. Stated he is still neutral on the activity center. We need to look at our situation today. Referred to the letter requesting we increase the size of our police force. There is now a lot of counterfeit money circulating in our area. We have not increased our rental housing, but that is where most of our crime takes place. The resident asked how we can regain our city and our quality of life. We can not tolerate these people. Fehst stated that if drugs have anything to do with police calls, there will be zero tolerance azzd the owner will have to remove the renter to maintain their license. Citizens would support a public safety facility. Fehst stated that we need more active crime watch areas. People should know their neighbors, call 911 at suspicious activity, and if needed, petition for more lights. Our budget includes one rzew officer arzd the Mayor has requested azz additional officer. The City of Minneapolis levy increase will be eight percent, largely due to their police budget. Support our community events. Nawrocki The property of the letter writer is exceptionally nice. It all comes down to how we spend our money. We don't prioritize very well. We don't dig into the budge. We only talk about changes and additions. You should see where your money goes now and take out programs that have outlived their usefulness. Rapid Graphics sponsored the Most Beautify Yard contest, awarding prizes to three yards. Commended them for their efforts to promote cleanup of the community. We should reward them when we do our newsletter. Fehst stated that these type of contests are typically handled by your Chamber of Commerce. Peterson Reminder -the Activity Center Commission will meet September 26, 2007, at 7:00 p.m. at Grand Central Lofts. Comments can also be submitted to our Community Development Department. 24 City Counci] Minutes Monday, September 24, 200'7 Page 18 of 24 • Remember in your thoughts and prayers our service men and women. If you see them, thank them for our freedoms. Peterson stated "Let's not take ourselves too seriously, and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. Patricia Muscovitz CMC City Clerk ORDINANCE NO. 1530 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Chapter 9, Article I, Section 9.104 (B)(2)(b)(3) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Atatlaoriry and duties fw~ admitaistr~ation. (2) Zoaaing Ad~rainistrator. (b) Duties. The Zoning Administrator shall have the following responsibilities: 3. Receive, file and forward all applications for appeals, variances, conditional use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Is thereby amended to read as follows: (B) Aa~athorih~ and dailies for adn~tiraistration. (2) Zoning Admiazistrator. (c) Dirties. The Zoning Administrator shall have the following responsibilities: 3. Receive, file and forward all applications for appeals, variances, conditional use permits, interim use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Chapter 9, Article I, Section 9.104 (B)(4)(b) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Aaathority ar~d duties for adaa~iraistration. (4) Plannir:g Commission. 25 City Council Minutes Monday, September 24, 200'7 Page 19 of 24 (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 3. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 4. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. 5. Review this article from time to time and make recommendations to the City Council that changes be initiated. 6. Hear and make recommendations on any other matter referred. to it by the City Council. Is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration. (4) Planning Commission. (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the final decisions on all applications for an interim use as defined in this article. 3. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 4. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 5. Review, hold public hearings, and. prepare recommendations on any changes to the City's Comprehensive Plan. changes be initiated. 6. Review this article from time to time and make recommendations to the City Council that Hear and make recommendations on any other matter referred to it by the City Council. **NOTE** Existing § 9.104 (B)(4)(b)(2) and § 9.104 (B)(4)(b)(3-6) shall be renumbered accordingly. Chapter 9, Article I, Section 9.104 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (A-H) [SECTIONS TO REMAIN UNCHANGED] (I) Interim uses. (1) Purpose. The interim use process provides for a temporary use of land for a specific period of time, and may be allowed upon demonstration that such use meets identified standards established in this article. It is intended that the interim use of land does not run with the land, and would need to be approved upon each subsequent use. (2) Right of application. Any person with a legal interest in the property may file an application for an interim use, provided said interim use is identified as an interim use within the zoning district in which the property is located. (3) Application for interim arse. An application for an interim use shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing. on the complete application for an interim use in accordance with the regulations of this section. After the close of the public hearing, the Planning Commission shall make findings and make the final decision regarding the application. (5) Reyaair•ed findings. The Planning Commission shall make each of the following findings before granting an interim use: (a) The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. 26 City Council Minutes Monday, September 24, 2007 Page 20 of 24 (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (6) Conditions of approval. The Planning Commission may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. (7) Time duration. An interim use shall be granted for a maximum of ninety (90) days per calendar year, unless otherwise specified in this article. (8) Discontinuance. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an interim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing § 9.104 (I) and § 9.104 (J-O) shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G)(5) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporarv uses and stn~cttrres. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (5) Seasonal agricultural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of--way or public property for the sale or display of such items. (6) Other temporarv uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (H} Temporafy uses a~zd structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided. such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (A-B) [SECTIONS TO REMAIN UNCHANGED] (C) Specifrc Development Standards. The following uses are subject to specific development standards: (20) Fireworks teats. (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. (b) The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (b) The fireworks tent shall be accessory to a commercial use. (c) Fireworks tents located within the public right-of--way are prohibited. (d) All goods shall be displayed on a designated impervious surface area. (e) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (f) Music or amplified sounds shall not be audible from adjacent residential properties. (g) The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (i) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. (j) Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(20) and § 9.107 (C)(21-24) shall be renumbered accordingly. 27 City Council Minutes Monday, September 24, 2007 Page 21 of 24 (25) Greenhouses (residential). (a) A residential greenhouse shall only be allowed for one and two family dwellings. (b) A residential greenhouse shall meet all setbacks requirements of an accessory structure in the zoning district it is located. (b) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (c) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (d) A residential. greenhouse shall be allowed during the normal growing season only. (e) When not in use, a residential greenhouse shall be dismantled. **NOTE** Existing § 9.107 (C)(25) and § 9.107 (C)(26-27) shall be renumbered accordingly. (28) Outdoor agricultural/produce sales. (a} The outdoor agricultural/produce sales lot shall be accessory to a commercial use. (b) Outdoor agricultural/produce sales located within the public right-of--way are prohibited. (c) All goods shall be displayed in a designated area that is hard. surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. (f) The outdoor agricultural/produce sales ]ot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. (i) Outdoor agricultural/produce sales facilities may be allowed for a maximum of ninety (90) days per calendar year. (29) Outdoor Christmas tree sales. (a) Outdoor Christmas tree sales lots shall be accessory to a commercial use. (b) Outdoor Christmas tree sales located within the public right-of--way are prohibited. (c) All. goods shall be displayed in a designated area that is hard. surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. (f) Outdoor Christmas tree sales lots shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding forty-eight (48) square feet. (i) Outdoor Christmas tree sales lots may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(28, 29) and § 9.107 (C)(30-44) shall be renumbered accordingly. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (A-D) [SECTION TO REMAIN UNCHANGED] (E) R-1, Simgle-Fantily Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single- Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: (a) Greenhouse. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 1, Single-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (F) R-~A and R-2B, Two-Family Residential District. (4) btterirm Uses. Except as specifically limited herein, the following uses may be allowed in the R-2-A and R-2B, Two-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: 28 City Council Minutes Monday, September 24, 2007 Page 22 of 24 (a) Greenhouse. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 2A and R-2B, Two-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (G) R-3, Limited Multiple-Fan~rily Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for interim uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 3, Limited Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (H) R-4, Multiple-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple- Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: (a) Greenhouse. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 4, Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.110 COMMERCIAL DISTRICTS. (A-D) [SECTIONS TO REMAIN UNCHANGED] (E) GB, General Business District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. (5) Permitted accessory uses. Except as specifically limited herein., the following accessory uses shall be in the GB, General Business District: (a-f) [SECTIONS TO REMAIN UNCHANGED] (F) CBD, Central Business District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the CBD, Central Business District: (a-e) [SECTIONS TO REMAIN UNCHANGED] (6) Off-street parlang. The CBD, Central Business District, shall be considered an off-street parking district in which off-street parking is not required for nonresidential land uses. Residential land uses, including those in mixed-use buildings, shall meet the parking requirements of § 9.1.06. (Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03) Section 2: This ordinance shall be in full force anal effect from and after 30 days after its passage. ORDINANCE NO. 1531 29 City Council Minutes Monday, September 24, 2007 Page 23 of 24 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MONUMENT SIGNS WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(12)(a) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Off-street parking a~ad loading (12) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway and/or where the 20-foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of 5 feet from any property line. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed. four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or''/z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved. public parking. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Off-street parking and loading (12) Signs i~a the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located. 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b} if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall. be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway and/or where the 20-foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed. 8 feet in height, and setback a minimum of 30 City Council Minutes Monday, September 24, 200'7 Page 24 of 24 5 feet from any property line. If such property is located in the Design Overlay Highway District, the maximum height of the monument sign may be increased to 10 feet for those principal structures greater than or equal to twenty-two (22) feet in height. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. S. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or''/z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. Chapter 9, Article I, Section 9.106 (P)(12)(b) of the Columbia Heights City Code, which currently reads to wit: (b) Restrictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which hare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. Is thereby amended to read as follows: (b) Restrictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum. height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 3. The maximum. height of a pylon sign, including its structures, shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten (10) feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to twenty-two (22) feet in height. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which hare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 31 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, SEPTEMBER 20, 2007 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present Excused Members Council Representative: City Representative: Legal Counsel: Comcast Representative APPROVAL OF MINUTES Dennis Stroik, Robert Peltier, Ken Henke, Reuben Ruen, and Bob Buboltz (arrived at 7:05) Dan Swee and Brad Peterson Bruce Nawrocki Linda Magee Steve Guzzetta Kathi Donnelly Cohen Motion by Herrke, seco~zded by Peltier, to approve the minutes of Febr7~ary 12, 2007 with the correction of the spelling ofKathi Donnelly Cohen 's name. All oyes. Motion by Peltier, seconded bvRuera, to approve the nzim-rtes of April 19, 2007 as presented. All ayes. OLD BUSINESS A. Channel Check Dennis noted the following variations from his home connection as well as City Hall's. Channel 16 is loud, Channel 3 is very loud, and Channel 1 S is quiet. He noted that Channel 19 (Library Access) looks and sounds much better. B. Correspondence Log and Follow Up on Complaints Staff had not received any new complaints. C. Status of Franchise Renewal Magee reported that we continue to operate under the old franchise agreement on a month-to-month basis until a new franchise agreement can be finalized. Nawrocki questioned whether it is legal to do so, and Guzzetta stated that it is. Magee went on to explain that the City is having an equipment and technology needs assessment done prior to meeting with Comcast. It was also noted that Comcast had signed another lease with Mr. Herringer for the use of the local cable studio till next June. D. Other Old Business No other old business. TELECOMMUNICATIONS COMMISSION MINUTES 32 SEPTEMBER 20, 2007 PAGE 2 NEW BUSINESS A. Receipt of Annual Report The Annual Report was briefly reviewed since we didn't have a quorum at the April meeting. Motion by Bi~tboltz, seconded by Herzke, to accept the Annual Report as pr-ese~~ted. All ayes. B. Receipt of 1st and 2nd Quarter Franchise Fees A copy of the franchise fees received from 1S` Quarter and 2nd Quarter were included in the agenda packets. C. Corrected Notice to Customers Regarding MLB Extra Innings Service After the notice was sent in March regarding the MLB Extra Innings package, an agreement was reached between our vendor and Major Baseball League allowing Comcast customers to order the MLB Extra Innings, out of market, package of games. Customers were alerted through messages on their cable box and/or designated message channel. They could either purchase the service if they had digital service, or Comcast honored the previous coupon offer to purchase the 2007 regular season, out of market game, on the computer. D. Notice Regarding the Gospel Music Channel replacing the Black Family Channel on Channe1293 Notice was received in May that The Gospel Music channel would be replacing the Black Family channel carried on Channe1293 as part of the Digital Classic Tier. Peltier reported that he noticed this is not on Channe1293 as the notice indicated. He said it is not listed on the guide either. He will call it in and report this, at Kathi's request. E. Notice of Increased Upload Speed Comcast has added PowerBoost technology to increase the upload speed for Internet services. F. Relocation of Payment Center The Payment Center relocated from Roseville to Little Canada in July 2007. Kathi will bring a list of all the payment centers to the next meeting. G. Notice of A & E and National Geographic being added to HD line up Effective June 18, 2007, A & E HD and National Geographic HD were added on channels 199 and 200. A subscription to Digital Classic is required to receive these channels. Kathi stated that there will be a big increase in the number of HD channels by the 2nd quarter of 2008. TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF SEPTEMBER 20, 2007 33 PAGE 3 H. Notice of NFL Network being added to the Sports Entertainment Package NFL Network will be added to the Sports Entertainment Pack on Channe1275. It will no longer be offered on other levels of service, including Digital Preferred. This will not affect the full schedule of games that are carried on CBS, FOX, NBC, and ESPN. I. Notice of HGTV being added to HD Line Up. HGTV HD was added as part of the High Definition line up on channel 198 starting in July. J. MACTA Connections Newsletter Copies of the newsletter were sent to members. K. Emergency Alert System Test Dan Swee had sent an e-mail regarding the EAS test in June. He noticed audio levels were distorted and that the message was missing from the public access channels. Kathi forwarded this on to Scott Melter at Comcast. They asked Dan for further information on specific dates or times, but he has not responded to their request. She stated that since the system is tested several times weekly it would be difficult to track what happened without more information. L. Notice of 24/7 Outage Reporting System A copy of a notice was enclosed in the packet explaining the network surveillance center that is in operation around the clock to detect outages and problems for video, information and voice services. M. Notice of Big Ten Football Schedule and Update on Big Ten Coverage A notice was received regarding the schedule for Big Ten College Football games. More than 150 college games and the best Big Ten match ups will be telecast without the additional cost of the Big Ten Network. Comcast would like to carry BTN as part of the Sports Entertainment Package, however an agreement to do so cannot be reached. Comcast does not believe it should be a burden to all customers at the additional fee of $13 as FOX and the Big Ten Network would like to see by adding it to the digital basic package. If an agreement is reached the city will be notified. Kathi stated that beginning in 2008 the satellite service companies will be able to provide this service as an "extra fee" service so she doesn't understand why they won't allow the same thing for cable service providers. N. Addition of NHL Network to Sport Entertainment Package The NHL Network will be added to the Sport Entertainment Package as of October 1, 2007. A subscription to the Sport Entertainment Package and a digital converter box or cable card will be required to receive this programming. O. Notice that Music Choice will be removed from the City Digital Converter According to the agreement with Music Choice, the service is not allowed in commercial establishments such as public areas or for integration into audio-visual or other programming produced by local access studios. Therefore, as of September 25, 2007, the Music Choice service currently on the city converter will be discontinued. TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF SEPTEMBER 20, 2007 34 PAGE 4 P. Other New Business Dennis asked what the new deadline is for everything going to digital service. Risen stated that he had heard that analog service is being extended another two years. Dennis then questioned whether there will be any analog service provided after that date. Kathi stated that Comcast will be required to provide service for a transitional period of time and that equipment may be needed to do so. Dennis asked if all inputs coming into Comcast are digital now and Kathi responded that yes, they are. This means if a subscriber has a digital converter box, they are receiving a digital signal, but if the cable is hooked directly to the television, they may only be getting analog service depending on the TV being used. REPORTS A. Report of Commissioners Education- Broadcast of the School Board Meetings has poor audio quality. Dennis said Comcast did what they can to improve things on their end and that the District IT person is now trying to correct the problem on their end to improve the quality. 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. Dennis asked for clarification of stats on the April report. Risen asked a question regarding notices he receives to upgrade his phone service. He was told that he has to do this very soon as the type of service he has will be terminated. Kathi explained he would receive a credit to offset the additional fee charged for a period of time. C. Report of Cable Attorney Guzzetta said nothing is happening presently at the legislative level. But he expects bills will be presented at the next session, such as the Broadband Bill and House #2351. He recently met with Sheldon Johnson and they expect that some type of statewide franchising bill will be introduced. They discussed the Illinois Model Bill and thought it was the best one passed thus far, as far as protecting city's rights are concerned. Guzzetta stated that the FCC was to address how the Order and Ruling would affect incumbent companies at its meeting scheduled for September 11, 2007. However, this item. was pulled from. the agenda at the last minute. Guzzetta said he will be watching the outcome of this closely. He also reported on a recent ruling by a Connecticut Court. AT & T had pushed for legislation that would exempt them from needing a franchise to provide service. The court ruled that they do indeed need a franchise as they are providing IP service. Guzzetta expects this ruling to be appealed, but felt it was an important step for leveling the playing field. Guzzetta said that John Stanek from Qwest stated that Qwest will be submitting franchise applications to various cities in the metro area. He suspects they will try in a larger city first, such as St Paul. 35 TELECOMMUNICATIONS COMMISSION MINUTES PAGE 5 SEPTEMBER 20, 2007 D. Report of the Assistant to the City Manager Nothing further to report. Motion by Henke, seconded by Buboltz, to adjoair-n the meeti~ag at 7:45 pin. All ayes. Respectfully submitted, Shelley Hanson Secretary 36 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 2, 2007 7:00 PM The meeting was called to order at 7:00 pm by Vice Chair-Donna Schmitt. Commission Members present- Thompson, Peterson, and Schmitt. Excused members: Szurek and Fiorendino. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes. from the meeting of September S, 2007. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2007-0903 APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Nightclub Uses Planner Sargent explained that staff is still working on this and asked that it be continued to the November meeting. Motion by Thompson, seconded by Peterson, to table Case 2007-903 to the next regular rneetirzg. All ayes. MOTION PASSED. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-1001 Signminds/Saigon Delight 4621 Central Avenue NE Site Plan for Signage INTRODUCTION At this time, Signminds is requesting a site plan approval for new signage at the Saigon Delight Vietnamese Restaurant, located at 4621 Central Avenue. This restaurant was previously operated as Cousin 's Sz.rbs and was taken over by the Thanh Tharzh Vietnamese Restaurant when the Cousin 's Subs went out of business. Thanh Tlzanh Vietnamese Restaurant utilized temporary signage to identify the business, as well as the freestanding pylon sign along Central Avenue. The pylon sign became inoperable when a vehicle struck the pole and knocked the sign over. The Planning Staff (Staff) has had several conversations with the business owner regarding the use of temporary signage on the building, as well as the use of pylon signage in the Design Overlay Highway District. The business owner has decided to change the name of the restaurant and incorporate a monument sign along Central Avenue. 37 PLANNING & ZONING COMMISSION MINUTES PAGE 2 OCTOBER 2, 200'7 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities including enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial-related activity. By using a monument sign instead of the pylon sign, SaigoJZ Delight's signage plan would be consistent with the Design Guidelines and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north and south. The properties to the east are zoned R-3, Multiple Family Residential and the properties to the west are in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property lines. The applicant's sign plan indicates that the monument sign will be eight (8) feet in height and 36 square feet in area. The site plan for the sign also indicates that the monument sign will be located five (5) feet from the front property line. signage on the building is limited to two square feet of signage for each one foot of building frontage along Central Avenue, and is capped at 200 square feet for the entire building. The restaurant has 62 feet of frontage along Central Avenue, giving the restaurant a maximum of 124 square feet of signage. The sign plan indicates that the restaurant will utilize only one wall sign, measuring 32 square feet in area. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of brick to match the building. The Design Guidelines also prohibit internally lit box signs. The proposed monument sign incorporates backlit channel letters that would be consistent with the intent of the Design Guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site pla~~z meets all the Design Guideli~~ies sta~adards for monument signs in relation to the color of the sign and the types of materials used to constrarct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The pr°oposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Desig~i Overlay Highway Dist~~ict. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 3 OCTOBER 2, 2007 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity shoi.ild not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the Saigon Delight Vietnamese Restaurant, located at 4621 Central Avenue. Questions from Members: Peterson confirmed the fact that the brick on the monument sign would match the brick on the building. He also questioned why the colors on the wall signage were different from the colors on the monument sign. Sargent explained that the Design Guidelines only restrict the number of colors allowed, not the colors themselves, therefore, we cannot regulate the color choices. He said the Design Guidelines would have to be amended in order to regulate that. Peterson also questioned whether all businesses along Central Avenue would be allowed to install monument signs. Sargent explained what the Guidelines would allow and that this particular business could have replaced the existing pylon sign with another one, but chose to install a monument sign instead, which conforms with the new guidelines, even though they didn't have to. Schmitt stated that the wall signage is similar to their existing temporary sign. She commented they may need to renew their temporary sign permit until the new signs are installed. The Public Hearing was opened: No one was present for this issue. The Public Hearing was closed. Motion by Thompson, seconded by Peterson, to waive the reading of Resola~tion No. 2007-PZ06, there being ample copies available to the public. All Ayes. MOTION PASSED. Motion by Thompso~i, seconded by Peterson, to adopt Resolaition No. 2007-PZ06, being a resolution approving a site plan for Saigon Delight Vietnamese Restaurant, located at 4621 Centj-al Avenue. All ayes. MOTION PASSED. 39 PLANNING & ZONING COMMISSION MINUTES PAGE 4 OCTOBER 2, 2007 RESOLUTION N0.2007-PZ06 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE FOR SAIGON DELIGHT VIETNAMESE RESTAURANT WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-1001) has been submitted by Signminds to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Saigon Deliglzt Vietnamese Restaurant. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 2, 2007; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar wear after the approval date, subject to petition for renewal of the permit. Passed this 2°d day of October 2007, Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: SECRETARY, Shelley Hanson VICE-CHAIR Donna Schmitt Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Bjorn Bowman Date 40 PLANNING & ZONING COMMISSION MINUTES PAGE 5 OCTOBER 2, 2007 NEW BUSINESS Sargent stated that all the City's Boards and Commissions will be receiving a notice regarding the joint meeting with the City Council , to be held on Monday, October 29, 2007 from 7-9 pm where the consultants will present the Inventory and Analysis they did as preparation for re-doing our Comprehensive Plan. This meeting will be held in the Council Chambers. He informed the members that there would be another meeting on November I, 2007 at Murzyn Hall. OTHER BUSINESS After the meeting was formally adjourned a resident (Bob Warner-5116 7th St) carne forth to express his concern regarding over crowding of homes, and that new owners are trying to divide houses into multiple units to accommodate more people. He discussed an area he was particularly concerned with, and Mayor Peterson said he would do some checking on it and get back to him. The meeting was adjou~~raed at 7:16 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary 41 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 4, 2007 The meeting was called to order by Chair, Barbara Miller at 7:08 PM. Members present were Barbara Miller, Patricia Sowada, Lynette Thomson, Catherine Vesley, and Nancy Hoium. Also present: Becky Loader, Stacey Hendren, and City Council Representative Bruce Kelzenberg. The meeting opened with the introduction of Stacey Hendren, new Library Clerk-Typist II (Adult) to members of the Board. The minutes of the August 8, 2007, Board meeting were approved as mailed. The bill list dated 6/17/07, was reviewed. It was moved, seconded and passed that the bills be paid. The accounting dated September 4, 2007 was reviewed. Old Business• 1. The proposed 2008 budget was discussed. The detail budget books are not yet available. Members discussed the necessity to meet with the City Council in order to make the needs of the Library clear. Nearly 1,000 hours of part-time help were eliminated in 2003. The Board supports the restoration of these staff hours. 2. Wednesday October 24"' is the tentative budget hearing for the Library Board and the City Council. 3. Holiday Schedule reviewed. Board approved the changes as submitted. 4. Staffing update was given. New Pages are on the floor. 11 Library Supervisor applications are being scored, interviews will take place next week, and hiring will be done soon. 5. The book sale cart began today and seems to be successful. New Business• 1. The City has received the Certification of Minimum Local Support for 2008. The amount was certified at 20061evels with no change due to decrease in tax capacity. 2. LGA certified amounts were reviewed. 3. Beutow Architects will be used for the design for the proposed Police and Fire Building 4. Use of the Nedegaard Building as a library facility was discussed. Concerns about staffing and circulation were raised. Board will invite City Council Members individually to Library Board Meetings to discuss library's issues in 2008. 42 Policy Reviews a. Approved: Organization Borrowing b. Approved: Photography & Videography c. Approved: Unattended Children 6. Inaugural issue of Anoka County Friends Newsletter was distributed. 7. Fundraiser for Foundation: The Library Board will donate a basket. 8. Renewal of Museum Adventure Pass Program includes some new Museums. There being no further business, the meeting was adjourned at 8:25 p.m. Respectfully submitted, Catherine Vesley Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or tz•eatment or employment in, its sen~ices, 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. 43 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: October 8, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Executive Session BY: Walt Fehst BY: NO: DATE: October 1, 2007 DATE: An Executive Session for the purpose of Labor Negotiation discussion is requested to be held on Monday, October 22, 2007, at 6:30 p.m. in Conference Room 1 (prior to the City Council. meeting). Recommended Motion: MOTION: Move to establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, October 22, 2007, at 6:30 p.m. in Conference Room 1. COUNCIL ACTION: 44 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: October 8, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Adopt Res. 2007-198 Council BY: Walt Fehst BY: meeting date Nov. 2007 DATE: October 3, 2007 DATE: NO: Back r~ ound: Monday, November 12, 2007 is Veterans Day - a legal holiday. On Tuesday, November 13 through Sunday, November 18 Mayor Peterson, Councilmember Williams, and Councilmember Kelzenberg will be out of state attending the National League of Cities Conference. There will not be a quorum available to hold the November 13, 2007 meeting. Recommendation: ~ Cancel the Monday, November 12, 2007 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-198, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-198, being a Resolution canceling the Monday, November 12, 2007 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: 45 RESOLUTION N0.2007-198 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, NOVEMBER 12, 2007 WHEREAS: Monday, November 12, 2007 is Veteran's Day and; WHEREAS: The City of Columbia Heights City Council will not have a quorum available that week to conduct a City Council meeting and; WHEREAS: The City Council has agreed to cancel the City Council meeting scheduled for Monday, November 12, 2007; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this _ day of 2007 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 46 CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY: Department 2007 Budget Overtime Line DATE: 09/18/2007 DATE: #1020 NO. BACKGROUND During the past three months, the Police Department has taken part in the state-wide Operation Nite Cap program. This program involved putting officers on our streets on overtime enforcing Driving While Intoxicated laws and Use of Seatbelts. In September, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $3,254.26. This money was originally paid out of our 2007 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2007 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be initially placed into the General Fund. The Police Department would like to see the $3,254.26 received from the State of Minnesota moved back into our 2007 Police Department Budget line #1020, Overtime from the General Fund. RECOMMENDED MOTION: MOTION: Move to transfer $3,254.26, the amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program in 2007 from the General Fund to the Police Department 2007 Budget line #1020, Overtime. TMJ:kao 07-158 COUNCIL ACTION: 47 Page 1 of 1 Payment Detail For Vendor: C4L UMBIA HEIGHTS CITY ©F T No. 036772001110 If you have any questions regarding this payment, call the Contact Phone Number listed next to the Agency Code/Description. This is the state agency that made the payment to you and will be able to answer any questions. Payment Number ; Payment Amount : Payment Date EF00002952274 6,359.26 2007/09/14 Agency Codel Contact Phone Voucher Description Number Number P07 ST PATROL- 651/24I-7020 SOOOOOI6629 ERNESTO P07 ST PATROL- 651/201-7020 50000016630 ERNESTO T79 DOT-METRO A- 651/234-7441 MA7872492 A WATR E Retuxn to Pa~rment Summary Page Vendor Paymen# Invoice Number Amount OP NCAP JULY AUG07 POLICE 454.86 DEPT OP NCAP JULY-AUG07 POLICE 2,799.40 DEPT 2532, 9690 3,105.00 Select a. Llifferent Il/ocatiart hops: //w2.mainsezver. state. mn.us/potty/servlet/Pa~mentDetail. j sp?Payn~entNo=EF000... 9/ l 4/2007 CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Updating of Anoka County-City Joint Powers BY: Thomas M. Johnson BY: Agreement for Mutual Aid DATE: 09/18/2007 DATE: NO. BACKGROUND From time to time it becomes necessary to request assistance from a neighboring community or county. The attached agreement allows us to draw on resources from any city in Anoka County or Anoka County itself. The Anoka County Joint Law Enforcement Council recommends that the county and cities in Anoka County enter into a new law enforcement mutual aid agreement. The existing agreement is over 20 years old and does not address current issues. The attached agreement represents the conclusions of the Council as to its terms. It largely follows the League of Minnesota Cities recommendations for such a mutual aid agreement. ANALYSIS/CONCLUSION The City Attorney and the Chief of Police have reviewed the attached Law Enforcement Mutual Aid Agreement and feel it covers the required legal points and gives us the authority to call upon other cities or the county to assist us with incidents beyond our capability or resources. Therefore, we recommend that the City Council approve the attached Anoka County-City Joint Powers Agreement for Mutual Aid. RECOMMENDED MOTION: MOTION: Move to approve the attached Anoka County-City Joint Powers Agreement for Mutual Aid and to authorize the City Manager and the Mayor to execute the agreement on behalf of the City of Columbia Heights. TMJ:kao 07-157 COUNCIL ACTION: 49 ANC3I~.A C®UNTY ATTQ~2NEY ROBERT lY1,A. JOHNSON Government Center • 2100 Third Avenue • Anoka, MN 55303-2265 attornev @coallgka.mn.us Administration Expedited Process Civil Division (763} 323-5550 Family Law Division (763) 323-5570 Fax (7b3} 323-5550 Crinvnal Division Victim-Witness Services (763) 323-5586 (7b3) 323-S5S9 (763) 422-7524 Fax (763) 323-5769 Fax juvenile Division Investigation Division (763) 323-5586 (763}323-5651 Fax (763} 422-?589 Fax ` ~'" ~ ~- ~ t..~ ~ ~r '. ail ;"~ ~ ' September 6, 2007 ;~ _• ~ ti , n `a' PQi~,~~~,,~~~'`L6~ ~ 6`v'io~~_~ TO: Anoka County Chiefs of Police FROM: Bob Johnson, Chair Anoka County Joint Law Enforcement Council RE: Anoka County-City Joint Powers Agreement for Mutual Aid The Anoka County Joint Law Enforcement Council recommends that the county and the cities in Anoka County enter into a new law enforcement mutual aid agreement. The existing agreement is over 20 years old and does not address current issues. The enclosed agreement represents the conclusion of the Council as to its terms. It largely follows the League of Cities recommendations for such a mutual aid agreement. Please have your city execute the agreement and return to me. Coil me if you have any questions. ~` l4`fl~ ~.S ~ ~^ 1 ~~~,~ ~l~ RMAJ:ds u ~ -~~ ~ b~ P ~~~ Enc. (~~ ~,c,Q, ~ ~ ,', ~ ~ ~~~~ ~~~t~~a ~z ~~ ~~~ ~~,~~ ~ f~ Affirmative Action / Eqg@~! Opportunity Employer ANOKA COUNTY- GfTY JOINT POWERS AGREEMENT FOR MUTUAL AiD THIS MUTUAL AID AGREEMENT made and entered into by and between the undersigned units of government ail acting by and through their governing bodies, WITNESSETH THAT: WHEREAS, Minn. Stat. 471.59 authorizes the joint and cooperative exercise of powers common to contracting governmental units; and WHEREAS, the undersigned governmental units recognize thaf there are circumstances where it is an efficien# use of government resources to make equipment, personnel and other resources available to political subdivisions from other political subdivisions; and WHEREAS, the undersigned governmental units entered into a Law Enforcement Joint Powers Agreement in 1981, which provided far the sharing of police and law enforcement resources under certain defined circumstances; and WHEREAS, the undersigned units of government wish to modify the terms of the 1981 Joint Powers Agreement far the provision of mutual aid and assistance in order to conform to both existing law and to the current needs of the governmental units herein; and NOW THEREFQRE, in consideration of the mutual covenants contained herein, the undersigned units of government do covenant and agree pursuant to Minn. Stat. 471.59 as follows: 1. PURPOSE. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions within Anoka County from other political subdivisions within Anoka County. 2. ©EFi1N1T10NS. a. "Party" means a political subdivision. -~ ~rt~ls~ ~:%~~r~Ey-t::s~y5~tif.t.t~1 taf4 ~c~ru~rn~!~r b. "Requesting Party" means a party that requests assistance from other parties. ,~ >, c. Requesting Official means any person designated by a Party who is responsible far requesting Assistance from other Parties. Each party to this agreement has the authority to designate such person, persons or Departments that are authorized to act as a requesting official. In the case of requests for law enforcement personnel and equipment, the Requesting O#Ficial shall be the chief law enforcement officer of the Party, or his or her designee(s). d. "Responding Party" means a party that provides assistance to a Requesting Party. e. "Responding Officials means a person or persons designated by a Party, who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. Each party to this agreement has the authority to designate such person or persons who are authorized to act as a responding official. In the case of requests for law enforcement personnel and equipment, the Responding Official shall be the chief few enforcement officer of the Party, or his or her designee(s). f. "Assistance" means i. Law enforcement personnel and equipment ii. Fire and/or emergency medical services personnel and equipment iii. Public Works personnel and equipment iv. Utility personnel and equipment v. Other assistance as requested by the Requesting Party 3. PROCEDURE. a. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, a Requesting Official may call upon a Responding Official of any other party to furnish assistance. b. Response to request. Upon the reques# for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. c. Recall of assistance. The Responding Official may at any time recall such assistance when in his or her bes# judgment or by an ., ~l,'}f.7~:c'2 (: C:~t{li~..C;[V}~5Z"F1t)8I ~IC~ ~`1(;fr3C:ETiv~+lt order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. d. Command of scene. The Requesting Party shaE1 be in command a# the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 4. WORKERS' COMPENSATION, Each party shat[ be responsible far injuries ar death of its own personnel. Each party wiH maintain workers' compensation insurance ar self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even ifi the injuries were caused wholly ar partially by the negligence of any other party ar its officers, employees, ar volunteers. 5. DAMAGE TO EQUIPMENT. Each party sha11 be respansibfe far damages to or loss of ifs own equipment. Each party waives the right to sue any other party far any damages to or loss of its equipment, even if the damages nr {asses were caused wholly or partially by the negligence of any other party ar its officers, employees, or volunteers. 6. LIABILITY. a) For the purposes of the Minnesota Municipa{ Tort Liability Act (Minn, Stat. Chapter 466), the employees and officers of the Responding Party are deemed to be employees {as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. b} The Requesting .Party agrees to defend and indemnify the Responding Party against any. claims brought or actions filed agains# the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, ar damage to the property of any third person or persons, arising from the performance and .. ~~ .. ~~:tlt3~tct Cc~<<nty-t;~tY~~iE,tit~:~? ~<iti hgr~ ~rr~=!~~t provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under na circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against mulfiiple defendants from a single occurrence to be defended by a single attorney. c) No party to this agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. 7. EFFECTIVE DATE. This agreement shall be effective upon its execution by two or mare governmental units. Additional governmental units may join #his agreement through proper execution of this Agreement and this agreement shall be effective as to such units upon execution. 8. TERMINATION ANiJ'UViTHDRAWAI_. Any party to this agreement may withdraw from this agreement upon thirty (3Q) days written notice to the other parties to the agreement, delivered to the Mayor or Clerk of the municipal parties and to the Chair of the Anoka County Board of Commissioners. Such withdrawal shall not terminate this agreement except as to such party and this agreement shall continue unless and until there is only one remaining party. ft is further agreed that the prior Joint Powers Agreement between the parties covering the _:$.. ~i?t3~C%3 Gt~i.€rtt~ {.ri~`~j~li~Uc~i! rr1i~ ~'-1r~rr:t'f1"t1-,'1~ prOVlslOn Of law enforcement mutual aid is hereby terminated and is superseded by this agreement. IN WITNESS WHEREOF, each party has read, agreed to and executed this Mutual Aid Agreement an the dates indicated below. CITY OF ANOKA Bv: Its: By: _ its: Dated: CITY OF CENTERViLLE Bv: Its: By: „_ Its: Dated: CITY OF LEXINGTON By: Its: CITY OF BLAINE By: By: Its: Its: Dated: CITY OF GIRCLE PINES By: lts: _____ By: __._ Its: Dated: CENTENNIAL LAKES POLICE DEPARTMENT GOVERNING BOARD By: Its: By: By: _ Its: Its: Dated: Dated: _ r~ _ .s~€,k:~~ C~:.irtty_.t:,r4~,~~iE~luai ~'t~ ~grG~~:r~r?~. ~~t CITY OF COLUIitIBtA HEIGHTS By: Its: GITY OF COON RAPIDS Bv: Its: By: By: its: Its: Dated: Dated: CITY OF FRIDLEY CITY OF LINO LAKES By: By: Its: Its: By: By: its: Its: Dated: Dated: CITY OF RAMSEY CITY OF ST: FRANCIS By: By: Its: Its: By: By: lts: its: Dated: Dated: CITY OF SPRING LAKE PARK F3v' Its: By: _.., itS: Dated: COUNTY OF ANOKA Rv~ Dennis D. Berg, Chair County Board of Commissioners Svc . Terry L. Johnson County Administrator Dated: ._; .. :1ttC~~e~3 C:~~.~~t?}rLLt;;i4y~n~.~iu~t A;d .Anrf:cEt~~~k~t Bruce Andersohn Anoka County Sheriff Dated; ~,r ~rk~i (~;,i,,~t~-~.:~tFy~rltrt.u;:~i fl.scl l;~irt;`r?rTl~" .f1t. Sep-12-07 10:47am From-Anoka County Attorney +7634227588 T-283 P.002/008 F-288 ANORA COUNTY LAW ~NFORCEh7ENT JOINT 7?bWERS AGR73EM8NT ~„_._ THIS 30INT POWERS AGREEMENT made and eritered into bl+ and betweeY~ the undersigned units of government all acting ~ ~~,~~~~ b aril through their governing bodies, Y W2TNESSETIi THAT: WHEREAS. the undersigned governmental units recognize that. theYe are oircumstanceS where the assistance o£ the p©lice £arce5 of Other governmental units would be important in maintaining the public peace and apprehending criminals; WHEREAS, to provide such protection it is nece&sary that neighboring gove~.limenta3. units providQ for the Sharing o£ their respective resources; NOW, THEREFORE, in cpnsideratidn of the mutual covenants oontairied heze3-n, tkse undersigned units 4f government do Covenant and agree pursuant to bi.S. 471.59 as follows: 1.. 7?EJRF'(75E The purpose of this Agreement is to provide police asst-stance to governmental units in circumstances where such assistance would eYsable a gavexrimental unit tb more adequate7.y deal with a situation involving public safety than the sale use of its police force. Such circumstances are hereby declared to be of the following nature: A. MajoY' disasters where keeping the p+~blic peace db a large scale a.s accessary. B. Crimes in progress or criminals are in flig2at in a governmental unit where the assistiance of police force in other governmental units would he helpfu3. in appx'ehendit~g the orimirials. C. Exchange of personnel on a temporary shirt term basis not to exceed six months .for the purpose of training or undercover work. 58 Sep-12-07 10:47am From-Anoka County Attoniey +7634227588 T-283 P.0031008 F-288 D, planned community events which are reasonably expected to be very suhstanti~x~. in size and wl'cich will therefore require suY~stantial crowd control. The purpose of this Agreement shall he fulfi2~.ed througl2 t11e Provision of police assistance by all patties to this Agreement. The galice force of a3.1 parties to this Agreeritent are hereby deputized by t:hc governing body of the governmental unit that they eater pursuanfi to thi8 Agreement, and the Anoka Cdunty Slxeriff for governmental units which da not have full tame police departments, for the period of time that they are aperatxng Pursuant to and under the authority of this Agreement. Felice may enter the territory a£ a governmental unit of a party to this Agreement with full galice powers in the following circurnatances and under the following conditions; A. ~f a crime is in progress or criminals eYe in tZight an a governmental unit, the police from a governmental unit may, upon being informed of such an occurrence by the Central Communications or another police officer, enter the territory of the otheK governmental unit for the g~~rpose at effecting an arrest or keeping the public peace. While in the territozy of the other governmental unit, the police of the responding unit of government shall be under the direction of thQ senior police officer of the governmental t;n~-t in which they are working. If the governmental unit into which the pollee officers proceed dv not have a police department, the respar~ding police sha~.1 be under the direction °f the seni-or aembex of the Anoka Coun'Cy Sher3.~f's Patrol D~.visian an duty. Upon the resolution of the circumstances which occasioned their entry into Such governmental unit, they shal], immediately retire to their jurisdiction. -2- 59 Sep-12-aT }a:47am From-Anoka County Attorney +T63422T689 T-288 P.aD4/a6e F-288 r B. Yn all other circumstances described in paragraph one, the fallowing procedure shall he followed= i. The unit of government which desires the police assistance, through its chief law enforcement officer, or his designee, hereinaftez called requesting unit, mayr at its discretion, call upon any other governmental unit party to this Agreement through its chief law enforcement afEiCeY, or his designee, hereinafter Called the "sending unit", to furnish police, or otheY force, Loz the 36SlstanCe of the receiving governmental unit and tb request for such purpose personnel, equip- ment: and supplies of the sending governmental unit. ii. Upon the request of the receiving unit, the sending unit sha11 authorize and direct such personnel, equipment, and supplies as, in its discretion, are available to go tv the assistance of the receiving unit. iii. The sending unit reserves the right to retain for its own use such equipment, personnel, and supplies as, in zts discretion rnaX he necessary fax :ts proper and adequate protection; and in case of an emergency arising wzthin the sending unit while the equipment, personnel and supplies of~ that city are engaged in the receiving unit, the sending unit may, in its discretion, recall such eguiprnent, pezsos~nel, and supplies necessary to meet Such emergency- iv. The sending unit maintains the ultimate control over the individuals dispatched as set forth above, but the onTsite direction shall be under the vbntrol of the individual whb has been designated by the receiving unit as being in control of police functions over the sy¢uatian. -3- 60 Sep-12-07 10:d7am From-Anoka County Attorney +7634227589 T-283 P.005/QQ8 F-288 v. For all goverrunenta7. unity whiaY- do not have a full time police affioer, the r_ounty Sheriff is the ohief law enforcement offiaer~of the governmental unit. The Sheriff, or his designee, shall have dull authority under this }lgreement t4 obtain the assistance of police , under the terms of this Agreement in such governmental units. 3. EXPENSES The se»ding unit sha11 be responsible for its owY~ personnel, equipmentr and supplies, including the payment of its personnel, and the receiving un~-t sha~.l not be held liable fox any in3uries t4 personnel yr damage to equipment. a£ the sending u»it, nor shall the receiving unit be required to reimburse the sending unit for supplies expended, used or damaged while so engaged, except that equipment and supplies shall be returned to the sending unit upon the return df the employees of the sending unit. Each governmental unit shall be responskJ~le foz the actz-ons of its own personnel. Q . I~Sr1I~AT~4N In case weather, road conditions cr athez circumstances are Such that, in the discretion of thF sending unit, equipment, personnel, and supplies cannot be furnished t4 the receiving unit with xcasan2bJ.e safety, the sending unit may, in its discretion, refuse to authorize and direct assistance to the receiving unit. ~'he detezmination oT~ the Sending unit as to what assistance shah. be furnished and whether assistancE sha1,~. be withheld or withdrawn, ss provided herein, Shall be final and conclusive, and shall gave rise to no liability on the part O€ the sei7dirig unit £Px failure to Furnish assistance, --4- 61 ......Sep-12-07 10:47am Frols-Anoka Gounty Attorney +7634227589 T-263 P.006/008 F-288 5. EFFECTIVE DATE This Agreement sha3.1 be eftectSVe upon its execution by two of more governmental units. Additional governmental units YAay join t.hi5 Agreement through proper ~ executi-on og obis tagxeement aced tha.s Agzeemez~t Shall be effective as to such units upon such execution. 'SE32MINA~'ION AND WS'FHTjgAWAI. . Any party to this Agxeema•nt may wi.~hdraw from this Agreement upon thirty days written notice flelivered to the chief law enfoxcement officer of all ©thex parties to this Agreement. Such withdrawal sYiall net terminate this Agreement except as to such party and this Agreement shall ca~txnuie unless and until there a.s only 'one rema5.ning party' zN WITNESS W1;iEREOF, I:he parties have hereunto Set their' hands- GTTX flF AND©VER r; Its: E!!av©r •• Ey: X1.1+ ~ , Its: Clerk Administrator Dated:~,~jrra,nha,~, r 9 '148"1 CIT Ey: sy: Dated: September 17r 19$1 C2T oI` No gy; ~ ~ ~v ~ ~,.. I.~?iMaYar .' _._. . 3y: (l~,w,.~ ,rr~ti,r~,~~~J Its/ Citiy Mann er 1 paced; Septembez 3.k, 14$l E ~ CITY Q~ jrCEN1'ERV~TT,LE ~/ zts: Mayor Zts) C3,exk-Tr62.guxer bated: pp-tober 28, 3.981 -5- 62 Sep-12-07 1Q:47am From-Anoka County Attorney +7634227589 T-283 P.007/008 F-288 CZTX OF {~L~~~~INE5 ,,, r x= Its: Ma oY yt.s: ~~ A3ministrat4r Dated» September 22, 1981 CTTY dF LEXTNGTOI'7 ~~! ~ .,y,_1 ~ L.~._.. I.ts; MaUor~, zt&: C~ exk AdmS.nistrstGx Fated• 5e~tember Z3i 1981 CITY d QLT3 GIiTS ,~ ay» ~ It5• Mayer ~.~.... By : ~ ~cs c-- • ' i,9~ Its: Gity Hanager Dated: November 5, 1981 CITX OF BAST SBTHEL I r; ~~o: , ~ ~_, 8 `»:I~~1,'~ . ,, -i is Y-._.. _ _ Its= Clerl:/Treasurer Dat.~d« 1;~venbCY 1°,, 14,1 -6- CIRCLI; PINES-LEXINGTON JOINT MUt1YCTPA.L POLICE CC3NL'~SSIQ13 By: Its: Sy:^ TY.s: nafed•^ CIS' $Y= BY= pGs~.ed: September 29, 1981 Its; Mayor r r Bye Tt~o C~fiy Manager p~stad: Qctaber 5s i9$i 63 Its: city Manager Sep-12-O7 10:47am From-Anoka County Attorney CITY OF HA.M LAKE , ,,, - Its : _~r,F 2 - zts: ~{~ Datea: y1~.~ ~? r~~'i +T63422T589 CT~'X dF I3II,LTOP r /\ ~ Its ~ ~~~ r ! ~ r1~, ' ; .:.1 ~~ f / ~~ 1 Dated: / i''~ ,';r - - czT~c ~~ L NO 5 c2T~' oWf~~ ~~ ~ 'l r Its. Ma i f Its:,~•,. f Ids: Ga.v Adminis r is ~ ' bated:_ Nczvpmber 27, 1981 Data :•~'~ CITY OF Sfi. FRANCIS .. may: ~;f-~ r •, :_..`:~ .~ ~,,, Its:/.' 1 _~ Dated c i .• ~ ,~ ~. v! Its: Trated : CITY f3F $P22IN LAKE A Bated : ~,f ~>. /r~ i i ' i i ~ f. . of Cprranissioners ~7- T-283 P.008/008 F-288 64 CITY COUNCIL LETTER Meetin of October 8, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Accept U.S. Dept. of Justice COPS 2007 BY: Thomas M. Johnson BY: NO. Secure Our Schools Grant #2007CKWX0140 DATE September 20, 2007 DATE: BACKGROUND In late June 2007, the Columbia Heights Police Department applied for a grant called Secure Our Schools through the U.S. Department of Justice. Sergeant John Rogers of the Columbia Heights Police Department, with the assistance of Columbia Heights School District Superintendent Kathy Kelly and School District Manager of Finance Joe Primus, wrote the grant. The grant is to be used to secure and make safe schools and students in our district from terrorism and other forms of criminal activity. Specifically, this grant will allow for enhancing the existing security system by adding motion sensors and outdoor cameras at the High School, outdoor cameras at the Middle School, and controlled entry at one of the elementary schools. This will allow the School District to secure the schools at any given time and will allow for access by public safety personnel as needed. This is the same system currently used in our City Hall, so the same cards we now carry will give us access to our buildings and to the School District's buildings. The grant is for $34,333 and requires a 50 per cent match. The match of $34,333 is being paid by the Columbia Heights School District. The School District itself is not allowed to apply for this grant; it is a requirement of the federal government that the grant be applied for by law enforcement. Since we could see a direct benefit from this grant to our police and fire services, we decided to work with the School District and apply for the money. ANALYSIS/CONCLUSION On September 7, 2007, the Chief of Police was notified that our Police Department had been awarded a COPS 2007 Secure Our Schools grant in the amount of $34,333. This grant also requires a 50 per cent match of $34,333, which is to be covered by the Columbia Heights School District. Since it was a requirement of the federal government that this grant had to be applied for by a law enforcement agency, the Columbia Heights Police Department worked with the Columbia Heights School District to apply for the grant. The City Council must now approve acceptance of this grant. RECOMMENDED MOTION: Move to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice, COPS 2007 Secure Our Schools grant in the amount of $34,333, with the 50 per cent match of $34,333 to be paid by the Columbia Heights School District. TMJ:kao 07-162 COUNCIL ACTION: 65 U.S. Department of Justice ice of Community Oriented Policing Services (COPS) Offzce of the Director 1100 Vermont Ave., NW Washington, DC 20530 Chief of Police Thomas Johnson Columbia Heights 559 Mill St. NE Columbia Heights, MN 554213822 September 10, 2007 Re: Secure Our Schools Program Grant #2007CKWXOI40 oRI#: MNOO2a4 Dear Chief of Police Johnson: ~~ L.f ~~~fi~~ a~'~~''C'ii'ti l x~u.~e~ Congratulations! I am pleased to inform you that the COPS Office has approved your agency's request for funding under the COPS Secure Our Schools (SOS} gant program. The official start date of your grant is September 1, 2007. Therefore, you can be reimbursed for approved equipment and training expenditures after this date. Please be advised that some of your requested items may not have been approved. Enclosed in this packet is your grant award. The award document must be signed and returned to the COPS Office within 94 days to officially accept your grant. On the reverse side of the grant award is a list of conditions that apply to your grant. You should read and familiarize yourself with these conditions. Also enclosed in this packet are any special conditions that apply to your grant. These must also be signed and returned in order to officially accept the grant. You must comply with the requirements of any special condition before you are able to draw down grant funds. The method of payment that you can use to access your grant funds is the Phone Activated Paperless Request System, or PAPRS. Your award packet contains a number of financial documents, including alt the infornnation needed to set up your payments. Once again, congratulations on your award. Should you have any questions regarding your SOS award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.421.6770. Sincerely, ~~~ ~~ Carl R. Peed Director U, S. Department of Justice Co>?nmur:ity 4rientecl Policing Services ~ 8 C Grants Administration Division {GAD) Secure Our Schools 1100 Vermont gvemre, Nt3' Woshingtun. DC 10530 Memorandum To: Chief of Police Thomas M. Johnson Columbia Heights From: Michael E. Dame, Assistant Director Bernard Williams, Grant Program Specialist Budget Prepared By: Jamie Atwood, Grant Program Specialist Re: Secure Our Schools Financial Clearance Memo A financial analysis of budgeted casts has been completed. Costs under This award appear reasonable, allowable, and consistent with existing guidelines. Exceptions !Adjustments are noted below. OJP Vendor #:416005069 ORI #: MN00204 Grant #: 2007CKWX0140 Bud et Cate or Proposed Budget Apuroved Budget Adiustments Disallowed/Adiusted -Reasons/Comments Equipment $68,666.00 $68,666.00 $0.00 Direct Casts: $68,666.00 $58,666.00 $0.00 Grand Total $68,666.00 $68,666.fl0 $0.00 Grand Total• Federal Share: $ 34,333A0 ' Applicant Share: $ 34,333.04 Cleared Date: 8/5!2007 Overall Comments: ~. ~. ~ •~ ~~1 1::'C~YS!: ~.?r, 'SLR" .;r. .,. ~,. ~. ~ -~ ;~ ~ - - - __ ~ .~ u~ x nip ~ P _ ~ ~~ ~~, . r ~i3 'u~ I~. - ' U. S. a ent o~~Justice~(~i~:~ e ? ~! ~ ~,~ ~. ~ `~ ,~,~ ilk - ~at~~ _ _ - ~~~ Polz~n~er~'17~ ~ ~ ~,~ _ t: _ ~ ~ ~, ~ ° v- ~~. ~~r~tr~ion 3Division (GAD} _° Secure Our Schools _ ~ 4~ ~'~ a ~'' ~ ~ s.,9 ," _ ~ ;. 5 .2rs ~._t_ . ;.. '~-- x~~ ~ ~"~~,,t,,"~~.,~ ~~ ~ :~pplit rgaxuzafion's Legal Name: Columbia heights ~7~ .~~~ ~ .. ' OJ? Yendor #: 4 i 6 05069 r ~ ~ ~ ~~ ~ ~ ~ a~ ~ _~_ ~ ~. nf~°~~fChi~fof'IS'oliae~"~~omas~41.3ofmson ~. _ ~__~~- ~° Address: 559 Mt1I St. NE _ ._~ _ ®. ~ _ ~ ~ City, State, Zip Cade: Columbia HeightsMN 5421-, ~ -` _ °4 .~~ _ ~_ Tedephon~~~~~~ 3355 ~l ~ I'; ~~ >~ - ~t ~x .-.': `~ S ~ ^"~ 4~' ~,,, ~~~~Vj~~~~9~`c~l~~ y`~+ ~~~,a~~~~}'3~~~ ~'~52~~ h.l+ailc~no-~~ ~ae~...' ~. a - ..- :~?°'~' ~ - :...;,mom ~~r - ~ . ~~ - Government Executive: Mayor Gary Peterson ~ __ ;~ _ Address: 590 40th Ave. NE _ _ ~ ~ ~ ~` ~` .i, ~z Stctt~ o ~~~; Coium li~~ _ .~ _ - w YY ~'~: .i ~t .,.._, ;~ ," ~ Pax. ('763) 706-3601 i ,, +~ ~ Its ' , t -° J ~.:^~'" ai ~, ~a~ l v^~~'P(g: L ~ '=`;~Aw S a a#s.~ y,~"~~~li ~~ 9 ~~ ~~ ~ ~ ~ ~En~Date. 8I3ll200~ ~~ _ i 3 ~ ~ _a __ ~ , ~ A III ~, '" s ~'~n't; A' 34,333.00 ._ ._ I ' ` ~:, ~w _ ~i p~~' ~ 1'l~'Ij a ~ ~ ~ ~ I ._ €~ - scz ~~ :~ 5 ~i~1 Et ~' ut 9 N~,~, `~~i~~ ~ 4 ~~ ~ °`cy'.~,~? su'r, '.Ii ~' i~,, n ~ Carl R. Peed, Director Date ~ ,'-'~ ~~~ a ~~ 1- ' a f ~,r~ x as ~ _~~~ ~~ ~ I. ~~ ~ ._.._. ' ed ~ + ~~ ' ' gay E ~ ~`~ ~`~Da 1 ~ 4,;T '~ 4 " ~ e ` xgnature of Law __ or xe~~f~ witl~lxe ~ ~ ~ ~ ~~I? ~k x`i'~,:: `"~ __ ,; ~ ~¢- -igrxa`zren~~irs~ve e'~Off1~%a~ar~t,..~h~' ~'~~~°~t~t to'~P Typed Name and'C`itle of Government Official Date ~ ~. _ Aceept°fililsr~r~~ax8~ _ -~ ~~~ ~~ ~ False statements or claims made m eonnec~on w':. CO „ .a ;~~, ; resuln f~ ~ _~ . ~~. ~ '..._.ai~and/ ,. ~ al~`~e b ._ ..ravernment. Ate'' ~' particxpatxng ~n~f~(3~ral ~rants~r.~ ~~~__=7 ~;~ ~~ ~'~~~~~~~;~ __ .. ~ t~ ~~ ~~~ ~ a I '~4,' ~Fi~~ ~~`~.v.~-wx~. ~'~=+' ~. tt, ~'~ ~ f si ~2 $~~ ii~k`tai;~ ~;; ~ ... ~ ~ F5 A ..~ i ~d $i ~{k.' ~IF+y (M ~b ~Sq I~.u.l~ir ~"k"sd+~ *+',.w~ _ y °-- j ^~ ali"iii ua~,r,,p'~: ~;, ~h„~~ n ~ ,~~, - ai~'1° ~ ~`~"'~' ~ ~~ i' ~ I ~ fil '~ .~- .~ ~ ~ ~.cc ~~il{Hi'~ Si ~ ~~~~~ ems, -rnz Y' ~.. ~ ~F`^~ . ___ _ .x~• ~ ''I _ _ ~'.v .~,.-~ _~_ m ._ CITY COUNCIL LETTER l~~tFFTTT~T(: (1F• (1('T(1RFR R x(1(17 AGENDA SECTION: CONSENT NO: ITEM: LEASE AGREEMENT WITH THE COLUMBIA HEIGHTS ATHLETIC BOOSTERS TO CONDUCT LAWFUL CHARITABLE GAMBLING AT TOP VALU LIQUORS NO: ORIGINATING DEPT: ( CITY MANAGER FINANCE APPROVAL BY: WILLIAM ELRITE BY. DATE: OCTOBER 4, 2007 DATE: Attached is a letter from the Columbia Heights Athletic Boosters expressing their desire to enter into lease agreements with the City of Columbia Heights to sell pull-tabs at the two new Top Valu liquor stores. This would not involve them having an actual booth and staff at the stores. The pull-tabs would be dispensed from a machine provided and maintained by the boosters. Liquor store staff would be responsible for monitoring the machine and providing payouts to winners. For this the boosters are proposing a monthly rental amount of $50 and 10% of the gross profits over $1,000. The contracts do have a 30-day cancellation provision. Staff does not look at this as being a significant source of revenue for the liquor stores. It is looked at more as providing a service to the Columbia Heights Athletic Boosters who have provided so many services to the City in the past. Based on this, staff recommends entering into the lease agreements to have apull-tab dispensing machine in each of the two new liquor stores. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease for lawful gambling activities at Top Valu I and Top Valu II with the Columbia Heights Athletic Boosters. WE: sms 0710041 COUNCIL Attachment COUNCIL ACTION: 69 ~~~ ~~ ~~~ ~~~ September 28, 2007 ~lumbia Heights A 530 Mill Street N. E. Columbia Heights, MN 55421 City of Columbia Heights Attn: Bill Elrite 59040th Avenue NE Columbia Heights, MN 55421-3878 RE: Dispensing Machine Lease Dear Mr. Elrite, In preparation for the upcoming City Council meeting I'm enclosed the lease agreements to conduct lawful charitable gambling at Top Valu Liquor I & II. Terms of agreement are as follows: • F,ach store will have one pull-tab dispensing device • Effective date is January 1, 2008 of agreement • Hours of operation will be from 9:00 a.m. - 10:00 p.m. Monday through Saturday • Rent amount of $50:00 will be paid on the first of the month, plus 10% of the gross profits over $1,000.00 Lastly, an authorized representative of the City of Columbia Heights must sign lease agreements enclosed. Once the lease is approved I will forward signed copy of leases to local law enforcement so that they may conduct their investigation of parties. If you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (763) 706- 3743 or (763) 742-3635. Sincerely, ,~ Aurora Johnston Gambling Manage ~o CITY COUNCIL LETTER MEETING OF: OCTOBER 8, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: CERTIFIFICATION OF BY: JOSEPH KLOIBER BY: MISCELLANEOUS DELINQUENT CHARGES NO: DATE: OCTOBER 4, 2007 The City Council is asked annually to adopt a resolution to certify miscellaneous delinquent charges to the County Property Tax Administrator for collection. This resolution consists of delinquent utility, weed cutting, tree removal, and other miscellaneous charges listed on pages two through five of the resolution, totaling $145,345.95, which includes both principal of $137,118.67 and interest of $8,227.28, computed at 6% for one year. The principal portion includes a 9% administrative charge to recover the costs of assessment administration. Staff recommends the City Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-204 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-204 being a resolution to certify miscellaneous delinquent charges to Anoka County for collection with the property taxes payable in 2008. JK 0710043COUNCIL Attachment: Resolution 2007-204 COUNCIL ACTION: 71 RESOLUTION NO.2007-204 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES BE IT HEREBY RESOLVED BY TIC CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and is hereby directed, to levy miscellaneous delinquent charges on the properties in the City of Columbia Heights as listed on pages two through five of this resolution and filed in the Assessment Book for 2007 totaling $145,345.95. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments." SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent miscellaneous charges with interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these delinquent miscellaneous charges until November 15, 2007. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. Passed this 8th day of October, 2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 72 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES PIN Property Address Principal Interest Total Service Type 25-30-24-14-0063 4838 W Upland Crest 654.00 39.24 693.24 Utility 25-30-24-24-0012 1340 Pierce Terrace NE 139.30 8.36 147.66 Weed cutting 25-30-24-24-0012 1340 Pierce Terrace NE 139.30 8.36 147.66 Weed cutting 25-30-24-24-0012 1340 Pierce Terrace NE 728.35 43.70 772.05 Utility 25-30-24-33-0003 4642/44 Taylor St NE 1,355.84 81.35 1,437.19 Utility 25-30-24-33-0022 4656-58 Polk St NE 485.58 29.13 514.71 Abatement 25-30-24-33-0025 4634-36 Polk St NE 1,324.90 79.49 1,404.39 Stop box repair 25-30-24-33-0025 4634/36 Polk St NE 1,264.11 75.85 1,339.96 Utility 25-30-24-33-0036 4625 Tyler St NE 1,920.53 115.23 2,035.76 Abatement 25-30-24-33-0036 4625 Tyler St NE 139.30 8.36 147.66 Weed cutting 25-30-24-33-0036 4625 Tyler St NE 139.30 8.36 147.66 Weed cutting 25-30-24-33-0036 4625 Tyler St NE 1,327.93 79.68 1,407.61 Utility 25-30-24-33-0036 4625 Tyler St NE 434.39 26.06 460.45 Utility 25-30-24-33-0037 4633 Tyler St NE 139.30 8.36 147.66 Weed cutting 25-30-24-33-0037 4633 Tyler St NE 2,470.82 148.25 2,619.07 Utility 25-30-24-33-0049 4621 Central Ave NE 135.42 8.13 143.55 Utility 25-30-24-33-0109 4544-46 Fillmore St NE 139.30 8.36 147.66 Weed cutting 25-30-24-33-0109 4544-46 Fillmore St NE 139.30 8.36 147.66 Weed cutting 25-30-24-33-0112 4605 Polk St NE 866.28 51.98 918.26 Abatement 25-30-24-34-0004 4631/33 Pierce St NE 1,240.55 74.43 1,314.98 Utility 25-30-24-34-0018 1426 Parkview Ln NE 370.48 22.23 392.71 Utility 25-30-24-34-0099 4517 Fillmore St NE 139.30 8.36 147.66 Weed cutting 25-30-24-34-0099 4517 Fillmore St NE 139.30 8.36 147.66 Weed cutting 25-30-24-42-0044 1870 Fairway Drive NE 139.30 8.36 147.66 Weed cutting 25-30-24-42-0044 1870 Fairway Dr 535.22 32.11 567.33 Utility 26-30-24-12-0005 5101 7th St NE 139.30 8.36 147.66 Weed cutting 26-30-24-12-0005 5101 7th St NE 169.10 10.15 179.25 Utility 26-30-24-12-0005 5101 7th St NE 265.84 15.95 281.79 Utility 26-30-24-13-0021 4915 7th St NE 10.43 0.63 11.06 Weed cutting 26-30-24-13-0058 4931 Jefferson St NE 1,651.90 99.11 1,751.01 Stop box repair 26-30-24-13-0064 5054 Monroe St NE 212.80 12.77 225.57 Utility 26-30-24-13-0107 5027 7th St NE 406.17 24.37 430.54 Utility 26-30-24-14-0134 4919/21 Jackson St NE 1,288.37 77.30 1,365.67 Utility 26-30-24-24-0046 5011 5th St NE 394.70 23.68 418.38 Utility 26-30-24-24-0096 5057 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-24-0096 5057 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-24-0096 5057 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-24-0151 4924 6th St NE 313.41 18.80 332.21 Utility 26-30-24-24-0159 4905 5th St NE 229.14 13.75 242.89 Shade tree 26-30-24-24-0159 4905 5th St NE 139.30 8.36 147.66 Weed cutting 26-30-24-24-0159 4905 5th St NE 445.23 26.71 471.94 Utility 26-30-24-24-0161 4915 5th St NE 231.90 13.91 245.81 Utility 26-30-24-24-0161 4915 5th St NE 144.02 8.64 152.66 Utility 26-30-24-24-0164 4929 5th St NE 139.30 8.36 147.66 Weed cutting 26-30-24-24-0164 4929 5th St NE 850.90 51.05 901.95 Utility 26-30-24-24-0174 4936 7th St NE 507.89 30.47 538.36 Utility 73 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES PIN Property Address Principal Interest Total Service Type 26-30-24-31-0103 4701 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-31-0103 4701 University Ave NE 1,353.47 81.21 1,434.68 Abatement 26-30-24-31-0103 4701 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-31-0103 4701 University Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-31-0103 4701 University Ave NE 551.52 33.09 584.61 Utility 26-30-24-31-0158 4749 5th St NE 1,916.44 114.99 2,031.43 Stop box repair 26-30-24-34-0010 4635 6th St NE 102.68 6.16 108.84 Utility 26-30-24-42-0006 672 48th Avenue NE 139.30 8.36 147.66 Weed cutting 26-30-24-42-0006 672 48th Avenue NE 139.30 8.36 147.66 Weed cutting 26-30-24-42-0006 672 48th Avenue NE 593.12 35.59 628.71 Utility 26-30-24-42-0007 664 48th Ave NE 163.50 9.81 173.31 Curb box repair 26-30-24-42-0007 664 48th Ave NE 935.86 56.15 992.01 Utility 26-30-24-42-0027 666-668 47 1/2 Ave NE 258.95 15.54 274.49 Emergency Water Shutoff 26-30-24-42-0027 666-668 47 1/2 Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-42-0027 666-668 47 1/2 Ave NE 139.30 8.36 147.66 Weed cutting 26-30-24-42-0027 666/668 47 1/2 Ave NE 1,565.98 93.96 1,659.94 Utility 26-30-24-42-0033 660/662 47 1/2 Ave NE 990.22 59.41 1,049.63 Utility 26-30-24-43-0090 550 46th Ave NE 460.13 27.61 487.74 Utility 26-30-24-43-0118 4636/38 Washington St NE 588.57 35.31 623.88 Utility 26-30-24-43-0139 666 46 1/2 Avenue NE 139.30 8.36 147.66 Weed cutting 35-30-24-11-0010 4410 Central Ave NE 172.00 10.32 182.32 Weed cutting 35-30-24-11-0010 4410 Central Ave NE 278.60 16.72 295.32 Weed cutting 35-30-24-11-0010 4410 Central Ave NE 2,416.52 144.99 2,561.51 Abatement 35-30-24-11-0010 4410 Central Ave NE 395.48 23.73 419.21 Utility 35-30-24-11-0047 4432 Jackson St NE 114.64 6.88 121.52 Utility 35-30-24-12-0017 4415 Madison St NE 139.30 8.36 147.66 Weed cutting 35-30-24-12-0017 4415 Madison St NE 356.38 21.38 377.76 Utility 35-30-24-12-0083 4420 Washington St NE 865.03 51.90 916.93 Utility 35-30-24-12-0188 4340 Jefferson St NE 308.25 18.50 326.75 Utility 35-30-24-12-0214 4349 7th St NE 278.60 16.72 295.32 Weed cutting 35-30-24-12-0214 4349 7th St NE 954.89 57.29 1,012.18 Abatement 35-30-24-12-0214 4349 7th St NE 445.80 26.75 472.55 Utility 35-30-24-13-0003 4248 Washington St NE 273.09 16.39 289.48 Utility 35-30-24-13-0055 4232 Madison St NE 445.65 26.74 472.39 Utility 35-30-24-13-0082 4230 Monroe St NE 139.30 8.36 147.66 Weed cutting 35-30-24-13-0082 4230 Monroe St NE 472.29 28.34 500.63 Utility 35-30-24-13-0131 4126 Madison St NE 139.30 8.36 147.66 Weed cutting 35-30-24-13-0131 4126 Madison St NE 974.09 58.45 1,032.54 Utility 35-30-24-13-0192 4149 7th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-13-0192 4149 7th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-13-0192 4149 7th St NE 624.25 37.46 661.71 Utility 35-30-24-13-0200 4244 Washington St NE 829.42 49.77 879.19 Utility 35-30-24-14-0032 4224 Jackson St NE 139.30 8.36 147.66 Weed cutting 35-30-24-14-0032 4224 Jackson St NE 193.49 11.61 205.10 Utility 35-30-24-14-0032 4224 Jackson St NE 48.17 2.89 51.06 Utility 35-30-24-14-0099 4144 Jackson St NE 553.79 33.23 587.02 Utility 35-30-24-14-0104 4109 Quincy St NE 1,286.20 77.17 1,363.37 Stop box repair 35-30-24-14-0119 4148 Quincy St NE 404.44 24.27 428.71 Abatement 35-30-24-14-0119 4148 Quincy St NE 364.68 21.88 386.56 Utility 74 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES PIN Property Address Principal Interest Total Service Type 35-30-24-14-0121 4138 Quincy St NE 388.04 23.28 411.32 Abatement 35-30-24-14-0127 4108 Quincy St NE 1,372.34 82.34 1,454.68 Abatement 35-30-24-14-0127 4108 Quincy St NE 1,324.90 79.49 1,404.39 Stop box repair 35-30-24-14-0127 4108 Quincy St NE 389.47 23.37 412.84 Utility 35-30-24-14-0150 4200 Central Ave NE 139.30 8.36 147.66 Weed cutting 35-30-24-21-0009 4418 7th St NE 777.57 46.65 824.22 Abatement 35-30-24-21-0060 4428 5th St NE 520.76 31.25 552.01 Shade tree 35-30-24-21-0144 4345 4th St NE 343.36 20.60 363.96 Utility 35-30-24-21-0208 4337 University Ave NE 590.62 35.44 626.06 Utility 35-30-24-21-0216 315 44th Ave NE 1,324.90 79.49 1,404.39 Stop box repair 35-30-24-22-0013 4329 Main St NE 526.00 31.56 557.56 Abatement 35-30-24-22-0088 4415 Main St NE 1,324.90 79.49 1,404.39 Stop box repair 35-30-24-22-0088 4415 Main St NE 994.53 59.67 1,054.20 Utility 35-30-24-22-0098 4344 2nd St NE 445.66 26.74 472.40 Utility 35-30-24-22-0100 4338 2nd St NE 289.48 17.37 306.85 Abatement 35-30-24-22-0100 4338 2nd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-22-0100 4338 2nd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-22-0100 4338 2nd St NE 521.27 31.28 552.55 Utility 35-30-24-22-0111 4315 Main St NE 139.30 8.36 147.66 Weed cutting 35-30-24-22-0122 4323 3rd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-22-0122 4323 3rd St NE 811.18 48.67 859.85 Utility 35-30-24-22-0149 4411 3rd St NE 895.71 53.74 949.45 Shade tree 35-30-24-23-0020 4255 Main St NE 218.00 13.08 231.08 Shade tree 35-30-24-23-0021 4156 2nd St NE 236.86 14.21 251.07 Secure Empty Bldg 35-30-24-23-0021 4154 2nd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-23-0021 4154-56 2nd St NE 1,324.90 79.49 1,404.39 Stop box repair 35-30-24-23-0021 4154-56 2nd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-23-0021 4154-56 2nd St NE 1,847.48 110.85 1,958.33 Utility 35-30-24-23-0032 4109 Main St NE 139.30 8.36 147.66 Weed cutting 35-30-24-23-0032 4109 Main St NE 139.30 8.36 147.66 Weed cutting 35-30-24-23-0032 4109 Main St NE 292.55 17.55 310.10 Utility 35-30-24-24-0075 4231 6th St NE 1,477.09 88.63 1,565.72 Abatement 35-30-24-24-0092 4112 7th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-24-0092 4112 7th. St NE 139.30 8.36 147.66 Weed cutting 35-30-24-24-0123 4101 5th St NE 1,033.15 61.99 1,095.14 Utility 35-30-24-24-0144 4124 5th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-24-0144 4124 5th St NE 2,748.48 164.91 2,913.39 Abatement 35-30-24-31-0006 4006 4th St NE 311.30 18.68 329.98 Weed cutting 35-30-24-31-0006 4006 4th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-31-0006 4006 4th St NE 139.30 8.36 147.66 Weed cutting 35-30-24-32-0007 4040 2nd St NE 317.48 19.05 336.53 Shade tree 35-30-24-32-0007 4040 2nd St NE 557.33 33.44 590.77 Utility 35-30-24-32-0036 3906 3rd St NE 68.42 4.11 72.53 Utility 35-30-24-32-0078 201 40th Ave NE 317.08 19.02 336.10 Utility 35-30-24-32-0097 3925 3rd St NE 1,417.55 85.05 1,502.60 Stop box repair 35-30-24-32-0110 4051 2nd St NE 406.90 24.41 431.31 Utility 35-30-24-32-0249 3930 University Ave NE 1,180.56 70.83 1,251.39 Utility 35-30-24-32-0250 3919 Main St NE 139.30 8.36 147.66 Weed. cutting 35-30-24-32-0250 3919 Main St NE 563.42 33.81 597.23 Utility 35-30-24-33-0018 3832 - 2 1/2 St NE 72.60 4.36 76.96 Utility 75 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES PIN Property Address Principal Interest Total Service Type 35-30-24-33-0153 3704 2nd St NE 139.30 8.36 147.66 Weed cutting 35-30-24-33-0153 3704 2nd St NE 468.23 28.09 496.32 Utility 35-30-24-41-0105 3953 Jackson St NE 1,008.23 60.49 1,068.72 Utility 35-30-24-42-0060 4021 Jefferson St NE 429.45 25.77 455.22 Utility 35-30-24-42-0079 679 40th Ave NE 172.00 10.32 182.32 Weed cutting 35-30-24-42-0079 679 40th Ave NE 139.30 8.36 147.66 Weed cutting 35-30-24-42-0079 679 40th Ave NE 311.28 18.68 329.96 Utility 35-30-24-42-0099 666 - 40th Ave NE 221.63 13.30 234.93 Utility 35-30-24-43-0006 577 38th Ave NE 370.10 22.21 392.31 Utility 35-30-24-43-0014 623 37th Ave NE 5,070.70 304.24 5,374.94 Abatement 35-30-24-43-0014 623 37th Ave NE 139.30 8.36 147.66 Weed cutting 35-30-24-43-0014 623 37th Ave NE 139.30 8.36 147.66 Weed cutting 35-30-24-43-0014 623 37th Ave NE 1,040.18 62.41 1,102.59 Utility 35-30-24-43-0029 573 37th Ave NE 83.25 5.00 88.25 Utility 35-30-24-43-0065 572 38th Ave NE 139.30 8.36 147.66 Weed cutting 35-30-24-43-0065 572 38th Ave NE 493.67 29.62 523.29 Utility 35-30-24-44-0009 3911 Van Buren St NE 222.65 13.36 236.01 Utility 35-30-24-44-0030 3828 Quincy St NE 727.71 43.66 771.37 Abatement 35-30-24-44-0038 3848 Jackson St NE 526.00 31.56 557.56 Abatement 35-30-24-44-0047 3810 Jackson St NE 139.30 8.36 147.66 Weed cutting 35-30-24-44-0047 3810 Jackson St NE 524.95 31.50 556.45 Utility 36-30-24-11-0073 4409 Arthur St NE 61.45 3.69 65.14 Utility 36-30-24-13-0016 4236 Polk St NE 670.12 40.21 710.33 Abatement 36-30-24-14-0022 4152 Cleveland St NE 3,967.06 238.02 4,205.08 Curb Box/Service leak 36-30-24-21-0064 1229 44th Ave NE 1,957.10 117.43 2,074.53 Stop box repair 36-30-24-21-0163 1415 - 43rd Ave NE 76.57 4.59 81.16 Utility 36-30-24-22-0036 4444 Tyler PI 138.22 8.29 146.51 Utility 36-30-24-22-0055 967 44th Avenue NE 139.30 8.36 147.66 Weed cutting 36-30-24-22-0055 967 44th Avenue NE 139.30 8.36 147.66 Weed cutting 36-30-24-22-0055 967 - 44th Ave NE 759.48 45.57 805.05 Utility 36-30-24-22-0121 960 - 43 1/2 Ave NE 335.18 20.11 355.29 Utility 36-30-24-22-0122 965 - 43rd Ave NE 1,417.87 85.07 1,502.94 Utility 36-30-24-23-0038 941 42 1/2 Ave NE 867.69 52.06 919.75 Shade tree 36-30-24-23-0050 943 - 42nd Ave NE 693.47 41.61 735.08 Utility 36-30-24-23-0050 943 - 42nd Ave NE 118.84 7.13 125.97 Utility 36-30-24-23-0080 4210 Fillmore St NE 624.90 37.49 662.39 Shade tree 36-30-24-24-0017 1357 Circle Terr Blvd 360.66 21.64 382.30 Utility 36-30-24-24-0017 1357 Circle Terr Blvd 371.08 22.26 393.34 Utility 36-30-24-24-0017 1355 Circle Terr Blvd 212.22 12.73 224.95 Utility 36-30-24-24-0024 1315 Circle Terr Blvd 193.19 11.59 204.78 Utility 36-30-24-24-0024 1315 Circle Terr Blvd 250.78 15.05 265.83 Utility 36-30-24-24-0024 1313 Circle Terr Blvd 117.62 7.06 124.68 Utility 36-30-24-24-0029 1316 Circle Terr Blvd 334.89 20.09 354.98 Utility 36-30-24-24-0029 1318 Circle Terr Blvd 258.94 15.54 274.48 Utility 36-30-24-24-0030 1308-10 Circle Terrace Blvd 139.30 8.36 147.66 Weed cutting 36-30-24-24-0030 1308 Circle Terr Blvd 268.19 16.09 284.28 Utility 36-30-24-24-0030 1310 Circle Terr Blvd 284.29 17.06 301.35 Utility 36-30-24-24-0031 1300 Circle Terr Blvd 133.53 8.01 141.54 Utility 76 CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES PIN Property Address Principal Interest Total Service Type 36-30-24-24-0092 1428 42nd Ave NE 186.76 11.21 197.97 Shade tree 36-30-24-24-0092 1428 42nd Ave NE 560.26 33.62 593.88 Shade tree 36-30-24-24-0100 1401 Circle Terrace Blvd 139.30 8.36 147.66 Weed cutting 36-30-24-24-0100 1401/03 Circle Terr Blvd 819.32 49.16 868.48 Utility 36-30-24-24-0119 4100 Reservoir Blvd 1,606.08 96.36 1,702.44 Shade tree 36-30-24-24-0156 1222 43rd Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-24-0156 1222 43rd Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-24-0156 1218 43rd Ave NE 139.30 8.36 147.66 Weed. cutting 36-30-24-24-0156 1218 43rd Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-31-0027 1261-63 Circle Terrace Blvd 139.30 8.36 147.66 Weed cutting 36-30-24-31-0027 1261-63 Circle Terrace Blvd 139.30 8.36 147.66 Weed cutting 36-30-24-31-0027 1261-63 Circle Terrace Blvd 4,558.41 273.50 4,831.91 Abatement 36-30-24-31-0027 1263 Circle Terr Blvd 1,273.78 76.43 1,350.21 Utility 36-30-24-31-0027 1261 Circle Terr Blvd 2,664.13 159.85 2,823.98 Utility 36-30-24-31-0035 1274 Circle Terr Blvd 274.85 16.49 291.34 Utility 36-30-24-31-0035 1274 Circle Terr Blvd 42.58 2.55 45.13 Utility 36-30-24-31-0041 1236 Circle Terr Blvd 220.28 13.22 233.50 Utility 36-30-24-31-0041 1238 Circle Terr Blvd 167.49 10.05 177.54 Utility 36-30-24-31-0060 4066 Reservoir Blvd NE 139.30 8.36 147.66 Weed cutting 36-30-24-31-0060 4066 Reservoir Blvd NE 744.61 44.68 789.29 Utility 36-30-24-32-0029 1134 40th Ave NE 177.43 10.65 188.08 Utility 36-30-24-32-0029 1134 40th Ave NE 33.81 2.03 35.84 Utility 36-30-24-32-0037 1026 - 40th Ave NE 798.51 47.91 846.42 Utility 36-30-24-32-0044 970 40th Ave NE 1,411.77 84.71 1,496.48 Abatement 36-30-24-32-0044 970 40th Ave NE 2,214.57 132.87 2,347.44 Utility 36-30-24-32-0078 961 Gould Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-32-0078 961 Gould Ave NE 350.76 21.05 371.81 Utility 36-30-24-33-0011 3849-51 Centra] Avenue NE 139.30 8.36 147.66 Weed cutting 36-30-24-33-0093 961 37th Ave NE 254.95 15.30 270.25 Utility 36-30-24-33-0113 1019 37th Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-33-0113 1019 37th Ave NE 140.51 8.43 148.94 Utility 36-30-24-33-0113 1019 37th Ave NE 107.19 6.43 113.62 Utility 36-30-24-33-0140 3723 Polk St NE 172.00 10.32 182.32 Weed cutting 36-30-24-33-0140 3723 Polk St NE 422.89 25.37 448.26 Utility 36-30-24-33-0146 1000 Peters Place 2,081.90 124.91 2,206.81 Stop box repair 36-30-24-34-0045 3807-09 Pierce St NE 139.30 8.36 147.66 Weed cutting 36-30-24-34-0045 3807-09 Pierce St NE 139.30 8.36 147.66 Weed cutting 36-30-24-34-0045 3807/09 Pierce St NE 2,964.96 177.90 3,142.86 Utility 36-30-24-34-0067 3710 Pierce St NE 139.30 8.36 147.66 Weed cutting 36-30-24-34-0068 1215 37th Ave NE 139.30 8.36 147.66 Weed cutting 36-30-24-34-0070 1139 37th Ave NE 70.75 4.25 75.00 Utility 36-30-24-34-0071 1201 37th Ave NE 143.55 8.61 152.16 Utility 36-30-24-34-0096 3809 Buchanan St NE 749.89 44.99 794.$8 Shade tree 36-30-24-34-0098 3935 Polk St NE 139.30 8.36 147.66 Weed cutting 36-30-24-34-0098 3935 Polk St NE 525.03 31.50 556.53 Utility 36-30-24-34-0117 3900 Polk St NE 466.88 28.01 494.89 Shade tree 36-30-24-34-0121 3919 Tyler St NE 599.97 36.00 635.97 Utility 36-30-24-42-0079 3926-28 Ulysses St NE 139.30 8.36 147.66 Weed. cutting 36-30-24-42-0079 3926-28 Ulysses St NE 139.30 8.36 147.66 Weed cutting 36-30-24-42-0079 3926/28/LTlysses St NE 1,474.28 88.46 1,562.74 Utility 36-30-24-43-0040 1611 37th Ave NE 332.45 19.95 352.40 Abatement 36-30-24-43-0040 1611 37th Ave NE 328.87 19.73 348.60 Utility 137,118.67 8,227.28 145,345.95 77 CITY COUNCIL LETTER Meeting of: 10/8/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: CITY MANAGER PUBLIC WORKS ITEM: ESTABLISHING AMOUNT OF ASSESSMENTS I BY: K. Hansen (BY: TO BE LEVIED DATE: 10/2/07 DATE: Consistent with Minnesota Statutes and the City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is done annually and staff considers this a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2007-192, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-192 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. KH:jb Attachment: Resolution 2007-192 COUNCIL ACTION: 79 RESOLUTION NO. 2007-192 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 10`h day of September, 2007, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2007, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION TOTAL PORTION Zone 2 and 3 Street Construction Pro'ect 0702 $ 390,200. $ 711,000. $1,101,200. Zone 2 and 3 General, State Aid, and Utility Funds $ 366,100. - $ 366,100. Zone 7 Street Seal Coat, Pro'ect 0701 $ 6,800. $ 102,800. $ 109,600. Passed this 8th day of October 2007 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~s CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: October 2, 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 October 8, 2007. COUNCIL ACTION: ao List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10073 Tasks Unlimited Lodges 30011 First Select Equities 30150 Lynde Investment Company,LLP 30155 F.C. Celtic LLC. 12029 Kathryn Carstensen 30058-NC Anthony Chester 90775 Paul Glynn 12203 James Graham 20129 Joe Hoyle 12070 Matthew Jennings 12167 Elizabeth Klenert 10138 Adegbola Ogundipe 20256 Candace Peickert-Arndt 10164 Manuel Ramon 20204 Nelia Schaff 10065 Walter Sentyrz 10006 Riaz Shad 10176 Riaz Shad 10015 Raymond Sowada 20406 Audrey Stanch 12145 Gary Stockwell 20387 TJ Holdings 12186 Weston Wiggins 1479 LINCOLN 4255 3RD 4707 UNIVERSITY 3849 CENTRAL 4048 MADISON 600 51ST 4536 Taylor 4409 MONROE 627 51ST 4851 5TH 4957 Tyler 4427 MONROE 1415 PARKVIEW 4650 7TH 3742 3RD 2119 45TH 4100 Reservoir 1842 41ST 4113 6TH 4556 FILLMORE 683 51ST 3726 3RD 4144 MADISON 10/02/2007 15:04 a~ Pa9e 1 CITY COUNCIL LETTER Meeting of: October 8, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: October 3, 2007 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 8, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top of the license agenda you will notice a phrase stating *Signed Waiver Foim Accompanied Application. This means that the data privacy foi~n has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Motion: Move to approve the items on the business license agenda for October 8, 2007 as presented. COUNCIL ACTION: s2 TO CITY COUNCIL October 8, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Donnelly Brothers Construction *MP Johnson Construction Royal Plumbing *Bartylla Plumb & Htg Integrity Htg *Bostrom Sheet Metal *Sayler Ht & AC *Stone Bros Plumb *North Wood Co 5928 Portland Ave So, Mpls $60 121 So. 8"' St, Mpls $60 2221 S. Glynnview Terr, Faribault $60 8675 No. 126`'' St, Hugo $60 810 3rd Ave NW, Faribault $60 731 Hampden Ave, St Paul $60 3354 Humboldt Ave So, Mpls $60 18511 Hwy 65 NE, E Bethel $60 830 113"' Ave NE, Blaine $60 *Assured Ht & AC 334 Dean Ave E, Champlin $60 83 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 8 2007 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 123046 through 123247 in the amount of $ 609 957.67 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 84 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/04/2007 12:03:10 Check History GLOSOS-V06.74 COVERPAGE GL540R ******************************************************************************* * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L ******************************************************************************* Report Selection: Optional Report Title.......10/08/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 123046 thru 123247 Project ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 85 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 10/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT ALCORN BEVERAGE CO INC 123046 46.00 AMERICAN BOTTLING COMPAN 123047 149.10 ANOKA CTY - CENTRAL COMM 123048 567.40 USA MOBILITY WIRELESS IN 123049 95.87 ARMOR HOLDINGS FORENSICS 123050 99.99 BELLBOY BAR SUPPLY 123051 508.33 BELLBOY CORPORATION 123052 4,833.00 BIRCH/PHYLLIS 123053 49.00 BONESTEEL/PAUL 123054 35.83 BROWN/MARILYN 123055 54.00 CAPITOL BEVERAGE SALES L 123056 8,406.94 CENTER POINT ENERGY 123057 603.68 CHISAGO LAKES DISTRIBUTI 123058 3,424.29 CITY OF COLUMBIA HEIGHTS 123059 146,766.20 CITY OF MAPLE GROVE 123060 55.00 DAKOTA COUNTY RECEIVING 123061 63.00 DANIMAL DISTRIBUTING INC 123062 805.65 ESCHELON 123063 162.42 GENUINE PARTS/NAPA AUTO 123064 488.41 GRIGGS-COOPER & CO 123065 6,036.88 HEIGHTS BAKERY 123066 54.05 IDEARC MEDIA CORP 123067 139.00 INTOXIMETER INC 123068 42.60 JJ TAYLOR DIST OF MN 123069 34,440.04 JOHNSON BROS. LIQUOR CO. 123070 6,040.49 KOBS/FERN 123071 54.00 LERACH/KATY 123072 203.56 MACA 123073 160.00 MARTIN-MCALLISTER INC 123074 350.00 MINNEAPOLIS FINANCE DEPT 123075 103,808.88 MN DEPT OF ADMINISTRATIO 123076 491.21 OCEL/DIANNE 123077 250.00 OERTEL ARCHITECTS INC 123078 37,810.24 OSWALD/KELLY 123079 250.00 PETTY CASH - KAREN OLSON 123080 161.23 PETTY CASH - NICOLE JOUP 123081 147.65 QWEST COMMUNICATIONS 123082 116.09 SHAMROCK GROUP/ACE ICE 123083 265.39 SPRINT INC 123084 53.61 VERIZON WIRELESS 123085 51.34 VINOCOPIA INC 123086 612.00 WINDSCHITL/KEITH 123087 75.84 XCEL ENERGY (N S P) 123088 5,452.23 WELLS FARGO BANK 123089 4,477.50 ABDELWASE/AZIZA 123090 500.00 BELLBOY BAR SUPPLY 123091 1,246.34 BENTLER/PAULINE 123092 5.00 86 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 10/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BERNICK/TERESA 123093 120.13 BIERNAT/CORA 123094 10.00 BLOM/JEANNE 123095 5.00 BRUNEAU/DUANE 123096 10.00 CALLAGHAN/RUTH 123097 5.00 CAPITOL BEVERAGE SALES L 123098 12,794.77 DAVIS/INEZ 123099 5.00 DEX MEDIA EAST LLC 123100 71.10 EMME/CAROL 123101 10.00 FARNER-BOCKEN 123102 17,107.55 FURLONG/GEORGE 123103 10.00 GACEK/BERNICE 123104 5.00 GENUINE PARTS/NAPA AUTO 123105 417.82 GRIGGS-COOPER & CO 123106 9,929.15 HAWS/PHYLLIS 123107 5.00 HOHENSTEINS INC 123108 2,076.45 JOHNSON BROS. LIQUOR CO. 123109 30,891.28 JOHNSON/AMY 123110 510.00 JOHNSON/JANE 123111 5.00 JOHNSON/LOIS 123112 5.00 JOHNSON'S OUTDOOR SERVIC 123113 1,050.00 LEGLER/ANDRA 123114 5.00 MARK VII DIST. 123115 24,951.38 MEDICINE LAKE TOURS 123116 4,042.00 MN REC & PK ASSOC - MRP 123117 75.00 MOELLER/KAREN 123118 69.61 NELSON/BETTY 123119 5.00 NIZID/LORAINE 123120 5.00 O'BRIEN/DANIEL 123121 326.59 PATTEN/ARLENE 123122 5.00 PELTIER/IDA 123123 20.00 PETTY CASH - LIZ BRAY 123124 57.37 PHILLIPS WINE & SPIRITS 123125 6,816.31 PIONEER DRAMA SERVICES 123126 21.00 PLANTENBERG/SHARON 123127 5.00 PREMIUM WATERS INC 123128 80.25 PURCELL/ELSIE 123129 5.00 QUALITY WINE & SPIRITS 123130 15,249.47 RICOH AMERICAS CORPORATI 123131 547.57 SCANLON/DONNA 123132 5.00 SHERMAN ASSOCIATES INC 123133 3,934.45 STEFANSKY/PEG 123134 90.00 T-MOBILE INC 123135 200.68 TRISKO/ESTHER 123136 5.00 VERIZON WIRELESS 123137 232.69 WOZNIAK/DOREEN 123138 49.00 WTS MINNESOTA 123139 25.00 87 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 10/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT XCEL ENERGY (N S P) 123140 17,035.85 ZIMBA/STELLA 123141 5.00 A & C SMALL ENGINE 123142 6.08 ABLE HOSE & RUBBER INC 123143 47.93 ACE HARDWARE 123144 43.70 AMERICAN LIBRARY ASSOCIA 123145 109.47 AMERIPRIDE INC 123146 41.02 ANCHOR BLOCK 123147 113.43 ANCOM COMMUNICATIONS INC 123148 12.00 ANOKA COUNTY 123149 1,555.30 ANOKA CTY - CENTRAL COMM 123150 286.71 ASCAP 123151 284.00 ASPEN MILLS, INC. 123152 125.85 BAKER & TAYLOR 123153 2,277.18 BAKER & TAYLOR ENTERTAIN 123154 50.46 BLUEMELS TREE SERVICE 123155 11,227.67 BOOKLIST 123156 94.50 BRADLEY & GUZZETTA LLC 123157 720.00 BRAUN INTERTEC CORP 123158 1,978.50 BROOK WHITE CO. 123159 75.75 BRODART 123160 386.35 BUILDING FASTENERS 123161 108.74 CARTE GRAPH SYSTEMS INC 123162 2,700.00 CATCO PARTS SERVICE 123163 110.23 CINTAS FIRST AID-SAFETY 123164 119.47 CLARK PRODUCTS INC 123165 245.64 COLUMBIA HEIGHTS HIGH SC 123166 55.00 COLUMBIA HEIGHTS RENTAL 123167 181.93 COMMERCIAL ASPHALT 123168 94.89 COMPUTERIZED FLEET ANALY 123169 1,995.00 CONSUMER GUIDE 123170 99.00 CUSTOM BUSINESS FORMS IN 123171 5,130.59 D ROCK CENTER 123172 480.33 DAVIS/ADAM B 123173 86.42 DELEGARD TOOL CO. 123174 37.71 DELTA HOSPITAL SUPPLY IN 123175 78.60 DONAGHUE DOORS INC 123176 180.00 DU ALL SERVICE CONTRALTO 123177 1,388.00 EGAN OIL COMPANY 123178 12,515.80 ELECTRIC RESOURCE CONTR 123179 142.50 ENTERPRISE NETWORK SYSTE 123180 1,379.99 FARMERS MILL & ELEVATOR 123181 559.39 FIRST NATIONAL INSURANCE 123182 1,000.00 FLEX COMPENSATION, INC 123183 162.75 FOCUSED TECHNOLOGY LLC 123184 219.00 G & K SERVICES INC 123185 1,358.98 G.L. CONTRACTING 123186 12,612.60 88 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 10/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT GLASS MASTERS, INC 123187 180.00 GOODIN CO. 123188 26.88 GOPHER 123189 30.10 HEIGHTS ELECTRIC INC. 123190 588.46 HOME DEPOT #2802 123191 197.93 INTEGRATED LOSS CONTROL 123192 362.00 IPC PRINTING 123193 47.94 K & S ENGRAVING 123194 39.99 KENNEDY & GRAVEN 123195 7,954.48 KIWANIS COLUMBIA HTS-FRI 123196 323.10 KIWANIS GOLDEN K FRID-CO 123197 323.10 KLEINFEHN/DANIEL 123198 20.37 LEAGUE OF MN CITIES INS 123199 1,000.00 LIFELOC TECHNOLOGIES 123200 42.75 MARCO, INC 123201 820.05 MEDTOX LABORATORIES, INC 123202 180.44 MENARDS CASHWAY LUMBER-F 123203 982.20 METRO FIRE, INC 123204 520.00 METRO WELDING SUPPLY 123205 54.12 MIDWAY FORD 123206 40.97 MIDWEST ASPHALT CO. 123207 84.70 MILOW ELECTRIC INC 123208 135.00 MINNEAPOLIS SAW CO. 123209 71.75 MINNESOTA PETROLEUM SERV 123210 397.36 MINNESOTA SAFETY COUNCIL 123211 350.00 MN DEPT OF LABOR & INDUS 123212 10.00 NEXT DAY GOURMET 123213 81.31 NORTHERN AIR 123214 1,139.76 NORTHERN WATER WORKS 5UP 123215 1,539.20 OFFICE DEPOT 123216 807.05 ONVOY INC 123217 59.99 PEOPLE WEEKLY 123218 113.88 PETTY CASH - REBECCA LOA 123219 39.07 POS PAPER.COM 123220 470.15 PRO GRAPHICS 123221 12.80 QUICKSILVER EXPRESS LOUR 123222 20.93 RANDOM HOUSE, INC 123223 153.00 READY WATT ELECTRIC INC 123224 2,340.00 RETAIL DATA SYSTEMS OF M 123225 210.00 RICOH AMERICAS CORPORATI 123226 43.80 RR BOWKER 123227 1,632.37 RYDBERG/SCOTT 123228 45.00 S & T OFFICE PRODUCTS IN 123229 612.54 SEVETT/COREY 123230 200.00 SPRINT INC 123231 46.23 STAPLES BUSINESS ADVANTA 123232 58.04 STAR TRIBUNE 123233 39.12 89 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 10/08/2007 COUNCIL LISTING STREICHER'S GUN'S INC/DO SUN PUBLICATION INC SWEENEY BROTHERS THOMSON GALE TOP VALU LIQUOR TRUGREEN CHEMLAWN U.S. BANK UNITED RENTALS VALUE LINE PUBLISHING IN VERIZON WIRELESS WALL STREET JOURNAL/THE WOODWORTH/JUDY M WW GRAINGER,INC ZEMKE/ANN CHECK NUMBER AMOUNT 123234 840.81 123235 265.70 123236 82.07 123237 95.87 123238 88.70 123239 121.20 123240 431.25 123241 33.65 123242 798.00 123243 122.93 123244 249.00 123245 252.25 123246 53.10 123247 175.00 609,957.67 *** 90 ACS FINANCIAL SYSTEM 10/04/2007 12 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 10/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 609,957.67 RECORDS PRINTED - 000871 91 ACS FINANCIAL SYSTEM 10/0 4/2007 12:03:13 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 55,887.09 201 COMMUNITY DEVELOPMENT FUND 523.22 212 STATE AID MAINTENANCE 1,396.27 225 CABLE TELEVISION 1,068.44 240 LIBRARY 7,454.61 261 TWENTY-FIRST CENTURY PROGRAM 78,37 350 GO TI REFUNDING BONDS 2004A 431.25 412 CAPITAL IMPROVEMENT PARKS 726.64 415 CAPITAL IMPRVMT - PIR PROD 1,388.00 418 COMMUNITY CTR CAPITAL BLDG 22,4g 420 CAP IMPROVEMENT-DEVELOPMENT 11,953.90 436 CAPITAL EQUIP REPLACE-LIQUOR 52,401.34 601 WATER UTILITY 106,645.77 602 SEWER UTILITY 1,103.76 603 REFUSE FUND 2,173.78 604 STORM SEWER UTILITY 137.22 609 LIQUOR 195,112.17 651 WATER CONSTRUCTION FUND 1,504.79 701 CENTRAL GARAGE 19,182.72 720 DATA PROCESSING 1,730.11 884 INSURANCE 2,000.00 885 PAYROLL FUND 140,561.45 887 FLEX BENEFIT FUND 6,474.29 TOTAL ALL FUNDS 609,957.67 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 609,957.67 TOTAL ALL BANKS 609,957.67 CITY OF COLUMBIA HEIGHTS GL0605-V06.74 RECAPPAGE GL540R 92 CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: October 2, 2007 DATE: NO: 07- 193 to 07-197 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2007-193 - 4610-4612 Fillmore Street N.E. 2007-194 - 3819 Van Buren Street N.E. 2007-195 - 4514-4516 Fillmore Street N.E. 2007-196 - 939 42 -''/2 Avenue N.E. 2007-197 - 943 42nd 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 Numbers 2007-193, 2007-194, 2007-195c, 2007-196, 2007-197, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-193, 2007-194, 2007-195, 2007-196, 2007-197, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 93 RESOLUTION 2007-193 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Moshen Dessouki (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4610-4612 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 20, 2007 of an public hearing to be held on October 8, 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 August 15, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing. License Application. 2. That on September 20, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 26, 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 all/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8405 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. 94 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 City Clerk 95 RESOLUTION 2007-194 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Nicholas Miller (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3819 Van Buren Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 10, 2007 of an public hearing to be held on October 8, 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 August 15, 2007, inspectors for the City of Columbia Heights, inspected the property 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 September 10, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations remained uncon ected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 27, 2007, inspectors for the City of Columbia Heights, performed a final inspection at 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. 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 the scrub growth all around the house and the yard b. Shall repair the shed doors c. Shall repair the overhead garage door d. Shall replace the siding on the garage e. Shall scrape and paint the garage f. Shall replace broken window in the rear of the house g. Shall remove all/any outside storage from the property 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). 96 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8662 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 City Clerk 97 RESOLUTION 2007-196 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Robert Samaroo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 939-941 42 - %2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 10, 2007 of an public hearing to be held on October 8, 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 August 1, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 10, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 27, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five 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 remove the dead tree (tree stump) in the back yard 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8536 is hereby revoked. 98 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 City Clerk 99 RESOLUTION 2007-197 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Alfonso Carrillo-Arellano (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 943 42°d Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 19, 2007 of an public hearing to be held on October 8, 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 August 14, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 19, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted nine violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 28, 2007, inspectors for the City of Columbia Heights, performed a final inspection at 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. 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 all/any vehicles from landscaped areas of the property. b. Shall install sod, or grass seed, or approved landscape material along the driveway where the cars have been illegally parking c. Shall paint the bare sheetrock on the entrance stairs d. Shall install a switch plate on the dimmer switch in the hallway e. Shall install a cover on the electrical box in the basement hallway ceiling f. Shall remove all/any outside storage from the property g. Shall remove the electrical extension cord that is being used to power the washing machine 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 SA, Article III SA.306 and SA.303(A). 100 ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8628 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 City Clerk 101 CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: October 2, 2007 DATE: NO: 2007-198 to 2007-203 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2007-198 - 566 38th Ave. 2007-199 - 4224 Jackson St. 2007-200 - 4618 Polk St. 2007-201 - 230 44th Ave. 2007-202 - 4415 Main St. 2007-203 - 4634-46 Polk St. for failure to meet the requirements of the Residential Maintenance Code. RECOI\~IMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2007-198, 2007-199, 2007-200, 2007-201, 2007-202, 2007-203 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-198, 2007- 199, 2007-200, 2007-201, 2007-202, 2007-203, a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 102 RESOLUTION 2007-199 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 Matthew Bjorgum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4424 Jackson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 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 July 5, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 27, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all areas of scrub growth around the fence and foundation. B. Shall remove brush pile in the rear. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL l . That the property located at 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 103 ORDER OF COUNCIL The property located at 4224 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 104 RESOLUTION 2007-200 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 Craig Young (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4618 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 20, 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 August 15, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 26, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the scrub growth from along the back of the property B. Shall replace the broken picture window 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4618 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 105 ORDER OF COUNCIL 1. The property located at 4618 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 106 RESOLUTION 2007-201 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 Ryan Riemenschneider (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 23044th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 1 1, 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 July 19, 2007 an inspection was conducted on the property listed above. Inspectors found nine violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 11, 2007 inspectors reinspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 26, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the torn screens on the back of the house B. Shall repair the door knob on the garage service door that is loose and ready to fall off C. Shall replace the broken front window 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 230 44`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 107 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 230 44`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 108 RESOLUTION 2007-202 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 Fikree Abdul Rashid (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4415 Main Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 20, 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 August 20, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2007 inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 26, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall fix fence in the rear B. Shall remove pile of leaves in yard C. Shall pick up garbage throughout the yard 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 4415 Main 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, 109 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 4415 Main 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 City Clerk 110 RESOLUTION 2007-203 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Sharon Smith-Akinsanya (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4634 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 11, 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 August 13, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 11, 2007 inspectors reinspected the property listed above. Inspectors noted that eight violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 26, 2007 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall sod or seed or install approved landscaping material in the rear yard B. Shall repair the fence in the rear.. boards are missing and broken C. Shall repair the garage door that has holes in it.. Shall paint, stain, or seal the bare wood on the door D. Shall remove the dead tree (tree stump) in the front yard... Shall remove the dead birch tree in the front yard E. Shall remove the scrub growth on the rear slope by the alley F. Shall install grass seed, sod, or approved landscaping material where the large dirt pile is sitting in the front yard. (Remove dirt pile) G. Shall install a retaining wall system. on the slope/hill in the rear by the alley H. Shall remove all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 111 1. That the property located at 4634 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4634 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 112 CITY COUNCIL LETTER o ~ Meeting of October $, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: October 2, 2007 DATE: NO: 07-193 to 07-197 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2007-193 - 4610-4612 Fillmore Street N.E. 2007-194 - 3819 Van Buren Street N.E. 2007-195 - 4514-4516 Fillmore Street N.E. 2007-197 - 943 42°d 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 Numbers 2007-193, 2007-194, 2007-195, 2007-197, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-193, 2007-194, 2007-195, 2007-197, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: G°;C~~I~~C~D CITY COUNCIL LETTER Meeting of October 8, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: October 2, 2007 DATE: NO: 2007-199 to 2007-203 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2007-199 - 4224 Jackson St. 2007-200 - 4618 Polk St. 2007-201 - 230 44th Ave. 2007-202 - 4415 Main St. 2007-203 - 4634-46 Polk St. 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 Numbers 2007-199, 2007-200, 2007-201, 2007-202, 2007-203 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-198, 2007- 199, 2007-200, 2007-201, 2007-202, 2007-203, a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE OCTOBER 8, 2007 MEETING. REMOVE -MOTION: Move to adopt Resolution No. 2007-196, 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 Robert Samaroo regarding rental property at 939-941 43 -'/2 Avenue N.E. REMOVE -MOTION: Move to adopt Resolution No. 2007-195, 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 Edward Fitzpatrick regarding rental property at 4514-16 Fillmore Street N.E. D (} RESOLUTION 2007-199 (~ 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 Matthew Bjorgum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4224 Jackson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 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 July 5, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on September 27, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all areas of scrub growth around the fence and foundation. B. Shall remove brush pile in the rear. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4224 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk