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HomeMy WebLinkAboutNovember 26, 2007 RegularCITY OF COLUMBIA HEIGHTS 590 40'h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Yisit our website at: u~sr~a~.ci.cahnn$ia-heitrltts.ntn.us Mai•or Gary L. Peterson Counci/members Robert A. Williams Br++ce Nawrocki Tammera Diel+m Bruce Kelzenberg Citv Manaeer 6Valter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 26, 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 Reverend David Briley, Oak Hill Baptist 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. Children's Book Week -November 12 - 18, 2007 p6 B. American Education Week -November 11 - 17, 2007 p~ C. Louie Egey Day - 100th Birthday p8 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 October 22, 2007. p9 MOTION: Move to approve the minutes of the City Council meeting of October 22, 2007. B. Accent meeting minutes of Columbia Heights Boards and Commissions. MOTION: Accept the minutes of the Apri124, 2007 HRA meeting. p23 MOTION: Accept the minutes of the August 27, 2007 special EDA meeting. pa6 MOTION: Accept the minutes of the August 28, 2007 EDA meeting. Pas MOTION: Accept the minutes of the August 28, 2007 special HRA meeting. p3 $ MOTION: Accept the minutes of the November 6, 2007 Planning & Zoning meeting. p4 0 MOTION: Accept the minutes of the October 18, 2007, Charter Commission meeting. p4s City Council Agenda Monday, November 26, 2007 Page 2 of 5 C. Adopt Resolution No. 2007-222, being a Resolution cancelling the December 24. 2007 regular City Council meeting. p47 MOTION: Move to waive the reading of Resolution No. 2007-222, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-222, being a Resolution canceling the Monday, December 24, 2007 City of Columbia Heights regular City Council meeting. D. Approve the Transfer of Funds from the General Fund to the Police Department 2007 Budget Overtime Line # 1020 p s o MOTION: Move to transfer $2,846.67, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department 2007 Budget Line #1020, Overtime. E. Approve Premises Permit Applications for Columbia Heights Athletic Boosters to conduct charitable ag mbling activities at Top Valu Liquor I, Top Valu Liquor II and Sarna's Tobacco Store p54 MOTION: Move 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 Premises Permits for the Columbia Heights Athletic Boosters Club in conjunction with activities at Columbia Heights Liquor Stores Top Valu I (4950 Central Avenue NE), Top Valu II (2105 37th Avenue NE), and Sarna's Tobacco Store (4329 Central Avenue NE), and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. F. Approve Premises Permit Renewal/Application for Gambling License for VFW Post #230.4446 Central Avenue NE p72 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Board stating that the City of Columbia Heights has no objection to the renewal of a Class B Charitable Gambling Permit for VFW Post #230, 4446 Central Avenue NE, Columbia Heights, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. G. Resolution Establishing Eli ig bility Standards for Senior Citizen Utili Rates p82 MOTION: Move to waive the reading of resolution 2007-223, there being ample copies available to the general public. MOTION: Move to adopt Resolution 2007-223, being a resolution establishing eligibility standards for senior citizen utility rates. H. Resolution Desi ng ating Official Depositories for the City of Columbia Heights p84 MOTION: Move to waive the reading of Resolution 2007-224 there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-224 being a resolution designating official depositories for the City of Columbia Heights. I. Adopt Resolution 2007-214,Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program p87 MOTION: Move to waive the reading of Resolution 2007-214, there being an ample amount of City Council Agenda Monday, November 26, 2007 Page 3 of 5 copies available to the public. MOTION: Move to Adopt Resolution 2007-214, being a Resolution Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program. Adopt Resolution 2007-225 to request $86,647 from the Anoka County HRA Lew to finance the gap in the redevelopment of 3805 2nd Street NE p9a MOTION: Move to waive the reading of Resolution 2007-225, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2007-225, being a Resolution requesting funds in the amount of $86,647 from the Anoka County HRA Levy to finance the gap in the redevelopment of 3805 2nd Street NE, in the City of Columbia Heights. K. Authorization to seek bids for the Capital Equipment Replacement of Unit #102: Under rg ound Sewer Television Inspection S,, s~ p97 MOTION: Move to authorize staff to seek bids for the Capital Equipment Replacement for Unit #102: Underground Sewer Television Inspection System L. Authorize Liquor Store Protect Changte Orders p98 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change authorization #16, revision 4, totaling $9,375.93. M. Video Security at Liquor Stores p99 Move to authorize the Mayor and City Manager to enter into a contract with Marco for video surveillance equipment for all three stores, alternate proposal for Top Valu I and II, in the amount of $89,382.02 plus sales tax. N. Authorize contract for new Liquor Store display shelving plol MOTION: Move to authorize the Mayor and City Manager to enter into a contract with AA Equipment Company for display for shelving in the amount of $43,346.62 plus sales tax and freight. O. Reissue Rental License for 4915 5th Street N.E. pio3 MOTION: Move to issue arental-housing license to John Krebsbach Jr. to operate the rental property located at 4915 5th Street N.E. in that the provisions of the residential maintenance code have been met. P. Approval of rental housing license applications. plo4 MOTION: Move to approve the items listed for rental housing license applications for November 26, 2007. Q. Approve the Business License Applications p'-07 MOTION: Move to approve the items on the business license agenda for November 26, 2007 as presented. R. Approve payment of the bills. p7.11 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123429 through Check Number 123754 in the amount of 3 City Council Agenda Monday, November 26, 2007 Page 4 of 5 $1.,882,21.9.59. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business Public Safety facility update 7. PUBLIC HEARINGS A. Second reading of Ordinance No. 1532, being an ordinance~ertaining to Property Maintenance. pl2v MOTION: Move to waive the reading of Ordinance No. 1532, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1532, being an Ordinance adopting the Property Maintenance Code. B. Revocation of the license to operate a rental unit within the City of Columbia Heights, for failure to meet the requirements of the Residential Maintenance Code, is requested against rental P151 properties at: 2007-226 - 1401-03 Parkview Lane 2007-227 - 961 37th Avenue 2007-228 - 4124 5th Street 2007-229 - 1000 Peters Place 2007-230 - 1008-10 Gould Avenue 2007-231 - 563 38th Avenue 2007-232 - 3806 Jackson Street 2007-233 - 4639-41 Washington Street 2007-234 - 4151 Stinson Blvd MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2007-226, 2007-227, 2007-228, 2007-229, 2007-230, 2007-231, 2007-232, 2007-233, 2007-234 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2007-226, 2007-227, 2007-228, 2007-229, 2007-230, 2007-231, 2007-232, 2007-233, 2007-234 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. C. Declaration of a nuisance and abatement of violations within. the Citv of Columbia Heights, for failure to meet the requirements of the Residential Maintenance Code is requested re ag rding property at: Pis o 2007-235 - 5045 Johnson Street 2007-236 - 4448 Quincy Street 2007-237 - 4043 Jefferson Street 2007-238 - 4919-21 Jackson Street 4 City Council Agenda Monday, November 26, 2007 Page 5 of 5 2007-239 - 941 45th Avenue 2007-240 - 4618 Fillmore Street 2007-241 - 4631-33 Pierce Street 2007-242 - 3853 3rd Street 2007-244 - 4936 7th Street 2007-245 - 4232 5th Street 2007-246 - 4110 6th Street 2007-247 - 51 18 4th Street MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2007-235, 2007-236, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245, 2007-246, 2007-247, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2007-235, 2007-236, 2007-237, 2007-238, 2007- 239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245, 2007-246, 2007-247, 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. 8. Administrative reuorts 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 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm CITY OF COLUMBIA HEIGHTS PUBLIC LIBRARY 820 40TH AVENUE N.E., COLUMBIA HEIGHTS MN 55421-2996 Board of Trustees Barbara Miller (763) 7d6-3690; TDD (763) 706-3692 Chair Patricia Sowada Vice-Chair Catherine Vesiey Secretary Nancy Hoium Lynette Thomson Member at large Bruce lCelzenberg PROCLAMATIt`~I`T Council Liaison M. Rebecca Loader Library Dfrector DECLARING NOVEMBER 12t1i THROUGH NOVEMBER 18th , 2007 AS CHILDREN' S BOOK WEEK IN THE CITY OF COLUMBIA HEIGHTS Mayor, Gary Peterson _ WHEREAS Children learn, grow, and benefit from reading in their day-to-day lives and WHEREAS So much information is only available through the written word-whether in books, newspapers, magazines, the Internet, or on television and WHEREAS "The ability to read and understand complicated information is important to a child's future success in college and in the workplace and WHEREAS Children cannot "Rise Up" to this reading challenge without many, many hours of reading practice and WHEREAS Children's Book Week provides parents, educators, and caregivers with the opportunity to Rise Up in support of reading. THEREFORE, be it resolved that I, Mayor Gary Peterson, proclaim November 12 through 18 Children's Book Week herein Columbia Heights, Minnesota and encourage parents to "Rise Up" to this challenge, take a stand and introduce your children to the wonderful world of reading and to our Public Library. Let us all "Rise Up Reading" together during National Children's Book WeE ~, // - (-o Date THE CITY OF COLUMBIA HEIGHTS DOES NOT t)ISGRI MINATE ON THE DASIS OF OISA8I LITV IN EMPLOYMENT OR THE PROVISION OP SERVICES EOUAL OPPORTUNITY EMPLOYER PROCLAMATION WHEREAS, the schools represent a major investment by any community; and WHEREAS, teachers are a most important part of our community' leadership; and WHEREAS, schools represent the best possible avenue of improving the quality of life in our country; and WHEREAS, involved citizens provide a most important facet in the community schools; and VtTI~REAS, there is a need for better communication and a more cooperative relationship between professional educators and the community. NOW, THEREFORE, I, Mayor Gary L. Peterson of the City of Columbia I-Ieights do hereby proclaim November 11-17, 2007, to be: AMERICAN EDUCATION WEEK and urge all citizen to reaffirm their commitment to improving and supporting education at all levels, and translate this commitment into action by visiting our local schools. Gary L. Peterson r PROCLAMATION DECLARING NOVEMBER 26, 2007 AS LOUIE EGEY DAY IN COLUMBIA HEIGHTS WHEREAS, Louis "Louie" Egey has been a member of the Columbia Heights Community since very early in his childhood and remains to be a valued and generous member of the community, and; WHEREAS, Louie Egey is a very proud World War II Veteran that served his country honorably during World War II in the Pacific., and; WHEREAS, Louis, at 87, pursued and received his high school diploma from Edison High School and is an inspiration to us all, and; WHEREAS, Louis Egey will be turning the young age of 100 on November 26, 2007, and; WHEREAS, an Open House will be held in his honor on Monday, November 26, 2007, at Crest View Senior Community on Reservoir Boulevard from 1:00 p.m. to 2:30 p.m. with a program held at 1:30 p.m. NOW, THEREFORE, BE IT DECLARED, that I, Mayor Gary L. Peterson, do hereby proclaim Monday, November 26, 2007 as Louie Egey Day in the City of Columbia Heights, Minnesota Mayor Gary L. Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 22, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 22, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Ruth Hograbe, Community United Methodist Church gave the Invocation. Pastor Hograbe stated that she has now been here for 3.5 months. Her husband is the Pastor at Grace United Methodist. Pastor Hograbe invited everyone to Community United Methodist's lasagna dinner on Wednesday night. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed rental license revocation Resolutions 2007-217 and 2007-220 in that these properties now meet code. Peterson removed Item G of the Consent Agenda regarding the EDA housing maintenance program and asked that it be re-introduced at the November 26 City Council meeting. Nawrocki requested discussion of the Activity Center after item 6C. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS A. Ceremonial Swearing In of Police Officer Police Chief Tom Johnson conducted a ceremonial. swearing in of Police Officer Tessa Huber. Mayor Peterson presented her badge. Huber introduced her family and thanked the City Council for the opportunity to serve the community. B. Introduction - IS Technician Bill Elrite, Finance Director, introduced Jeff Hanson, the new IS Technician. Hanson indicated his background and his pleasure to serve the City of Columbia Heights. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda Items. A. Approve minutes for the Columbia Hei htg s City Council meetings listed. Motion to approve the minutes of the Ciry Council meeting of October 8, 2007. Motion to approve the minutes of the Seal Coat Special Assessment Hearing of October 15, 2007. Motion to approve the minutes of the Street Rehabilitation Special Assessment Hearing of October 15, 2007. 9 City Council Minutes Monday, October 22, 2007 Page 2 of 14 B. Accent rneetin~ minutes of Columbia Heights Boards and Commissions. Motion to accept the September 26, 2007 n>inutes of the Park and Recreation Commission. C. Establish work sessions for Monday, November 5 and Wednesday, December 5, 2007. Motion to establish a work session. on November 5, 2007 at 7:00 p.m. to discuss Public Safety and Community Center overview and update, and December 5, 2007, at 7:00 p.m. to discuss the Comprehensive Plan, both scheduled in the City Hall Council Chambers. Fehst stated that the November 5`h meeting would be a financial update of the public safety center and community center; how we might finance them and TIF district consideration. D. Approve the transfer of funds from the General Fund to the Police Department Bud eg t to reimburse the Overtime Fund. Motion to transfer $768.50 received from Unique Thrift Stores and $795.00 received from Immaculate Conception Church, a total of $1563.50, from the General Fund to the Police Department 2007 Budget under line #1020, Police Overtime. E. Approve the transfer of funds from General Fund to Police Department 2007 Budget Overtime Line #1020 Motion to transfer $2,705.37 monies collected from the State of Minnesota for our efforts in the Operation Nite Cap program from the General Fund to the Police Department 2007 Budget line #1020 Overtime. Chief Johnson indicated this was from overtime funds paid by the State of Minnesota for additional DUI and Seat Belt compliance coverage. Fehst referred to a comment regarding officers being located in only one area. The reason for this was the special funding for DUI coverage. Johnson stated that funds are spent state wide, but are a large amount of funds are given to Anoka County as there are a high number of accidents in this area. This is a task force program to keep our streets safe. F. Authorize agreement for Liquor Store Project Change Orders Motion to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change orders totaling $7,929.76. G. Adopt Resolution 2007-214, Reclassi ing and Designatint~Fund Balances for the Economic Development Authority's Housing Maintenance Program -removed H. Accept bid and award contract for Municipal Service Center Building Main Floor Radiant Heating Motion to accept the bids and award a contract to Infrared Heating in the amount of $38,072; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Fehst stated this would be placed in the garage bays and is highly efficient heating. It was removed from the original service center reconstruction. There is also an old boiler there that needs replacement. L Approve Construction Cooperative Agreement with MCES for Sanitary Sewer Lining Motion to approve the Construction Cooperative Agreement No. 0X021 with Metropolitan Council Environmental Services (MCES) for Sanitary Sewer Lining. 10 City Council Minutes Monday, October 22, 2007 Page 3 of 14 Kevin Hansen stated this is for the 50`" and 515` Avenue sanitary sewer line work to be done in November. There is no cost for the MCES line. Our own cleaning and 2006/2007 lining was $333,000 minus this amount of $54,000. J, Approval of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code Motion to approve the items listed for rental housing license applications for October 22, 2007. Nawrocki asked that we keep track of the number of rental licenses issued in the Huset area, as it was limited. Fehst stated that he did not have an actual number at this time. K. Approve Business License Applications Motion to approve the items on the business license agenda for October 22, 2007 as presented. L. Approve payment of the bills Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123248 through Check Number 123428 in the amount of $1,442,655.61. Nawrocki indicated that he thought the Truth and Taxation meeting was November 5`h. Fehst stated that the T&T meeting was established for December 3, 2007. Motion by Nawrocki, second by Diehm, with the exception of item G, to approve the Consent Agenda items as presented. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business Public Safety update Chief Johnson stated that the Police Department staff completed their focus groups this past week. It went very well, with officers and civilian employees getting to see where the process was at and to talk about space needs. They felt the space needs study accurately reflected the requirements necessary to do their jobs. A presentation should be ready for the City Council in early November. Johnson stated that the City and the Officers of this City need this facility to show their professionalism and to do the best job they can for this city. Johnson stated that this would be the last City Council meeting he would attend, but he would return for the public safety facility grand opening. Nawrocki stated these meetings discuss what people want in a facility, but don't talk about cost. Fehst stated the inefficiency of the current facility and the benefits of placing both Police and Fire Departments together in a facility that would last for the next 40 or SO years. He stated that the November 5`h work session will discuss prospective revenues, costs, and financing for facilities. The YMCA has also indicated their interest in a partnership if the City would consider gymnasiums and a pool as part of a community center. They estimate a possible 3,000 memberships for such a facility, so we would consider how that would factor into any funding. The Mayor and Council were sent a calendar of all meetings scheduled in October, November, and December. Nawrocki indicated that of the YMCA survey, only one-third were from the 11 City Councir Minutes Monday, October 22, 2007 Page 4 of 14 55421 zip code. Other respondents would not be responsible for taxes to pay for the facilities. The cost information to residents does not include the $3.9 million already allocated to the project. Two referendums have voted down building a community center. Nawrocki indicated that the brochure to residents states that the City Council has not discussed a referendum, but he has made such a motion that did not receive a second. Nawrocki encouraged people to attend the meeting at Murzyn Hall on November 7`h to give their opinion, whether pro or con. PUBLIC HEARINGS A. First readies of Ordinance No. 1532, being an ordinance pertaining to Property Maintenance. Fire Chief Gary Gorman stated this is a new version of the city's property maintenance code, which covered housing and rental property maintenance. The new version included these items and commercial property, and is based on the 2003 International Property Maintenance Code. This would delete and replace that current portion of the code. Gorman referred to suggestions received from Doug Jones and Molly Grove, Director Municipal Affairs, MN Multi Housing Association. Grove had questioned lease wording on Condzact on Licensed Premises/Crirrae Free/Drtcg Free and Disorderly use Lease Requirement. Gorman stated that this is a minimal difference. A sample attachment would be available for landlords to attach to their leases. Peterson requested the Fire Chief read the portion that described the purpose of the ordinance, which Gorman did. Gorman stated that we have had standards that residents are required to live up to and it is only fair for commercial property owners to also follow this. Approximately 700 meeting notification letters were mailed. Nawrocki requested a copy of the notification. He indicated that a more than disproportionate share of problems come from rental property. Nawrocki questioned page 34, off street parking, referencing Chapter 9, Section 1 of the City Code. Gorman stated that references the Zoning portion of the City Code. Instead of rewriting a code including items already in the code, we referenced their location. Nawrocki questioned if paved parking would be required of everyone, including commercial property. Gorman stated it would be require of everyone. Nawrocki questioned what changes were made to this document since the work session where it was discussed. Gorman indicated the only change was on how firewood piles are measured. Gorman stated the intent to add the City Attorney's recommendation for lease wording before the next reading. Nawrocki suggested there be no deviation from the original recommendation. Gorman suggested the wording "substantially similar". Tim Utz, 556 40th Avenue, questioned the cost to license commercial property. Gorman stated that the code would allow licensing, but would not be implanting for six months to a year and would be based on size or occupancy. Peterson stated that property owners would be notified prior to consideration of licensing costs. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No.1532, there being ample copies available to the public. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. Motion by Nawrocki, second by Diehm, to establish the second reading of Ordinance No. 1532, for November 26, 2007, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. B. Revocation of the license to operate a rental unit within the City of Columbia Heights against rental properties for failure to meet the Residential Maintenance Code requirements 12 City Council Minutes Monday, October 22, 2007 Page 5 of 14 Fire Chief Gary Gorman listed the following properties for revocation: 0 2007-215 - 4801 Grand Avenue -failure to submit a license application and schedule inspections 0 2007-216 - 4337 University Avenue -vacant properly, failure to submit a license application and schedule inspections 0 2007-218 - 4915 5th Street -tenant notification that this is rental property -occupied, failure to submit a license application and schedule inspections 0 2007-219 - 4727 Heights Drive -occupied with no contact from owner -failure to submit a license application and schedule inspections Peterson asked if there was any one present representing any of these properties. There was not. Motion by Kelzenberg, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2007-215, 2007-216, 2007-218, 2007-219, there being ample copies available to the public. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution Numbers 2007-215, 2007-216, 2007-218, 2007-219, 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. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. Reroh~rtions are available at the end of this document. C. Declaration of a nuisance and abatement of violations within the City of Columbia Hei htg_s for failure to meet the Residential Maintenance Code requirement 0 2007-208 - 5034 6th Street- vacant property with appliance in the front yard 0 2007-209 - 4436 Monroe Street -occupied with garage repair issues 0 2007-210 - 131.6-18 Circle Terrace Blvd -immediate abatement, electronic disposal, to be assessed back to the property 0 2007-211 - 4315 Main Street -rental, requesting family exemption, with two exterior repairs needed 0 2007-212 - 4425 Washington Street -vacant/in foreclosure -garage repairs required 0 2007-213 - 4415 Madison Street -vacant with exterior items for removal and repair 0 2007-221 - 5020 Washington Street -immediate abatement of backyard shed damaged by fire. Peterson asked if there was any one present representing any of these properties. There was not. Nawrocki stated that there is a car at 5034 6th Street with expired plates. Motion by Diehm, second by Nawrocki, close the public hearing and to waive the reading of Resolution Numbers 2007-208, 2007-209, 2007-210, 2007-211, 2007-212, 2007-213, 2007-221 there being ample copies available to the public. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution Numbers 2007-208, 2007-209, 2007-210, 2007-211, 2007-212, 2007-213. 2007-221 being Resolutions of the City Council of 13 City Council Minutes Monday, October 22, 2007 Page 6 of l4 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. Upon vote: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg. Motion carried. Resolutions are available at tlae end of this document. Nawrocki questioned the property on University Avenue south of 40`" Avenue. Gorman stated the abatement is scheduled to begin tomorrow morning. ADMINISTRATIVE REPORTS Report of the City Manager Fehst listed upcoming meeting dates and topics through the end of the year. Fehst indicted there is sour water in the Mathaire area, which will be flushed. It is possibly from construction in the area that disrupts the lines or from the City of Minneapolis. We will build pressure in the lines to scour them. Some lines may need to be lined or replaced. Nawrocki stated that his water was dirty four times in the past few weeks. Nawrocki stated that he was glad that Consent Agenda item G was removed, as he has questions on it. Setting up funds for Community Development should be talked about during the budget process. Fehst stated that it is to set aside funds for housing rehab or replacement of housing. Nawrocki indicated that the $1.6 million would drain other Ciry funds. He asked to review all funds during budget discussions and allow more time for budget review. Fehst stated that the amount is over a ten year period, and about $66 a year to the average tax payer. Fehst again referred to project funding options. Nawrocki referred to the League of MN Cities magazine article on area tax rates. Fehst indicated that we have not kept up with residential and commercial development in our City. Nawrocki referred to road work assessments adding to the property tax burden. Fehst indicated that they should have been done in the past by GO bonds when the State would have paid half. Peterson indicated this conversation should end. Nawrocki referred to water rates. Fehst disputed the differences. Report of the City Attorney -none CITIZENS FORUM Deb Johnson, 4626 Pierce Street, stated that after seeing news stories where neighborhoods complain about houses built next to them that are too large, she would like them to come here and build on some of the abatement lots or at Grand Central Lofts. Tim Utz, 556 40`" Avenue, stated there are so many meeting dates and times coming up that he is getting confused. Fehst stated the year end calendar can be placed on the City's web site. Nawrocki stated that the agendas should be listed on cable T.V. COUNCIL CORNER Kelzenberg • Received an email from Dave Thompson inviting everyone to the Veteran's Day Booya feed at Columbia Heights VFW Post 230 on November 10`". Event proceeds go to the Columbia Heights Fire Explorers. • Read from the Green Sheet on police activities and the positive results achieved. Urged residents to call the police if they see a suspicious event. 14 City Council Minutes Monday, October 22, 2007 Page 7 of 14 Diehm Also encouraged citizens, if they have concerns, to take the time to call them in. Our Police Chiefs last day of work is this week. He will be greatly missed, as will his service to our community. Halloween is next week. Drive carefully. Watch out for little children trick or treating. Nawrocki • Reiterated that the community center meeting is Wednesday, November 7 at Murzyn Hall. Encouraged residents to attend and give their comments, good or bad. Peterson • Has heard comments that people want an activity center and police/fire center, and want the community to move forward. • Police Chief is leaving. There will be an event for him tomorrow. We will cover the gap. • Goodbye to Jessie Davies, who is leaving to serve in Iraq. Our thoughts and prayers are with him. • The Holiday Kick- off Party will be November 10. There will be a sit down dinner, dinner theater performance, entertainment, silent auction, and the raffle of a 42" flat screen T.V. • Don't take ourselves too seriously. Don't forget our service personnel, no matter your thoughts on the war. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:31 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2007-215 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 New Heights Development. (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, 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 October 2, 2007 of an public hearing to be held on October 22, 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 September S, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental propertye The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 2, 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 rental license application and failre to schedule a rental 15 City Council Minutes Monday, October 22, 2007 Page 8 of 14 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 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 U4801 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-216 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Ramona Hotchkiss (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4337 University Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, 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 October 5, 2007 of an public hearing to be held on October 22, 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, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 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 rental license application and relicensing fee. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and. identified by license number F7999 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. RESOLUTION 2007-218 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 John Krebsbach Jr. (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4915 5`h 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 27, 2007 of an public hearing to be held on October 22, 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 September 10, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 27, 2007, inspection office staff reviewed the property file and noted that the property remained 16 City Council Minutes Monday, October 22, 2007 Page 9 of 14 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 rental license application and faiure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 U4915 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. RESOLUTION 2007-219 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 Bradley Ross (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4727 Heights Drive N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, 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 October 8, 2007 of an public hearing to be held on October 22, 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 September 20, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 8, 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 rental license application and failure to schedule a rental license inspection. 4. That all. parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III ~A.306 and SA.303(A). ORDER OF COUNCIL 1. The rental. license belonging to the License Holder described herein and identified by license number U4727 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. RESOLUTION 2007-208 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 Tanya Hippe (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5034 6`h 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 26, 2007 17 City Council Minutes Monday, October 22, 2007 Page 10 of 14 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 11, 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 26, 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 October 11, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. DRYER IN FRONT 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 5034 6"' 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 5034 6"' 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. RESOLUTION 2007-209 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 Gregory Foesch (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4436 Monroe 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 26, 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 21, 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 September 26, 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 October 11, 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 scrape and paint the garage where peeling, shall replace the missing roof shingles on the north side, shall repair the service door on the garage where it is rotting, and shall scrape and paint the garage door 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4436 Monroe 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 owmer 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 4436 Monroe Street N.E. constitutes a nuisance pursuant to City Code. 18 City Council Minutes Monday, October 22, 2007 Page I 1 of 14 2. That a copy of this order shall be served upon all relevant parties and. parties in interest. RESOLUTION 2007-210 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 Michael Fortier (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located. at 1316-131.8 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 26, 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 24, 2007 the Police Department was dispatched to Circle Terrace Boulevard N.E. after receiving information that there was outside storage in the front of the numerous houses on the block. 2. That on August 24, 2007 the Police Department attempted to contact all property owners with storage. 3. That on September 26, 2007 Police Department personnel returned to 1316-1318 Circle Terrace Boulevard and noted that the outside storage had not been removed. The CSO removed the item and brought it to the City's recycling center. 4. That based upon said records of the Police Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Outside storage on the property. A computer monitor was removed and brought to City of Columbia Heights recycling center. 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 1316-1318 Circle Terrace Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and 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 1316-1318 Circle Terrace Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-211 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 Mitzie Hunter (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4315 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8?06, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 3, 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 28, 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 October 3, 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 October 12, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 19 City Council Minutes Monday, October 22, 2007 Page 12 of 14 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the front of the garage that is smashed in and shall. repair the front storm door that is damaged. 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 4315 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, 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 4315 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. RESOLUTION 2007-212 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 Wells Fargo Bank N. A. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4425 Washington Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 25, 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 29, 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 25, 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 October 10, 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 or replace the fascia/soffit on the garage where it is deteriorated. 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 4425 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been. duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 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 4425 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-213 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 Great Northern Financial Group (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4415 Madison Street N.E. Columbia Heights, Minnesota. 20 City Council Minutes Monday, October 22, 2007 Page 13 of 14 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 26, 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 21, 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 September 26, 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 October i 1, 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 the dead tree branches in the back yard and shall remove the cable wire that is in the back yard, shall remove the brush pile by the alley, and shall repair the rotting trim on the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4415 Madison 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 4415 Madison 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. RESOLUTION 2007-221 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Lilliethor LLC(Hereinafter °'Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5020 Washington Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 18, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 18, 2007 the Fire Department was dispatched to 5020 Washington Street N.E. for a structure on fire. A fire was extinguished in a large stied in the back yard. The shed has sustained major structural damaged from the resulting fire. The Fire Chief ordered the structure be removed due to its unsafe condition. 2. That on October 18, 2007 the Fire Department mailed via regular mail notice of immediate abatement. The owner was also contacted by phone and informed of the fire and resulting structural damage. 3. That on October 19, 2007 a contractor hired by the City of Columbia Heights Fire Department removed the shed structure. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Structurally unsafe shed building that has been extensively damaged by fire. 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 5020 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 21 City Council Minutes Monday, October 22, 2007 Page l4 of 14 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 5020 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and. parties in interest. 22 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF APRIL 24, 2007 Call to Order -The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA} was called to order by Chair, Tammera Diehm at 7:02 p.m., Tuesday, April 24, 2007, in the Parkview Villa Community Room B, 965 40tH Avenue NE, Columbia Heights, Minnesota. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance CONSENT AGENDA Approve the Minutes of January 23, 2007 Financial Report for the months of bills for January, February and March 2007, on Resolution 2007-03. Nawrocki stated he would like to commend who ever was putting the financial report together for its read ability is a lot better than it used to be. Bob Lindig stated he submits the reports to Cher Bakken and it is her that should be commended. The board thanked her. Motion by Williams, second by Jindra, to adopt Resolution 2007-03, a Resolution approving the Financial Report and payment of bills for the months of January, February and March 2007. All ayes. Motion Carried. HRA RESOLUTION 2007-03 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY FEBRUARY AND MARCH OF 2007 AND PAYMENT OF BILLS FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH OF 200?. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of January, February and March of 2007 and the list of bills for the months of January, February, and March of 2007 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. 23 Housing & Redevelopment Authority Minutes April 24, 2007 Page 2 of 3 BUSINESS ITEMS Report of Management Company Gravemann asked if there were any questions on his reports for the months of January, February and March. Nawrocki asked about the current staff changes at Parkview Villa. Gravemann stated two of his staff members retired; Mary and Lee and that he is in the process of hiring a full-time position to replace Mary in the office and a caretaker position. Nawrocki asked why the pop machines have been removed. Gravemann stated he felt they needed to upgrade the machines from two to three machines, with more selections, with a coin changer, 10 selections versus the 8 selections, and the third machine for sandwiches, pizzas and other items. Ecklund stated in the future the residents would like to be addressed about the changes. Nawrocki asked Gravemann to provide a report from the last three months stating if all of the new move-in's were Columbia Heights residents. Gravemann stated he would provide this information to him this week. Resident Council Minutes Jindra stated in the April meeting minutes, 1 wrote down there was a vote on the vending machines, but it wasn't and asked for the correction to be made to the minutes. Citizen Forum Ken Block, unit 315, stated residents were talking about garbage trucks picking up dumpsters in the middle of the night, can anything be done about this. Fehst stated he checked into this in the past. They shouldn't be out there before 6 am, but he would look into this again. Barb Camp, Unit 608, stated the Walker staff have improved a lot and are easy to work with. Approve 6th Floor Modernization Bids and Contract Gravemann stated in 2004 the HRA board approved plans to begin an eight phase project to modernize all floors of Parkview Villa North with new entry doors, kitchen cabinets, appliances, lighting, countertops, bathroom vanities, kitchen and bathroom faucets and new carpeting on each floor. The request for bids was advertised in six different newspapers. Funding will come in part from the FY2005 and FY2007 HUD Capital Fund Program years. Of the four bids received l have listed the three lowest bidders. They were Unicorp in the amount of $101,400; Merit Building in an amount of $108,000; and Jansen Builders in an amount of $109,000. All bids include rehab of all 12 units on the 6t" floor and the carpet in the main hallways. Staff recommends approval of the bids and awarding the contract for Phase 4 of Parkview Villa North Modernization Project to Unicorp in an amount not to exceed $101, 400. 24 Housing & Redevelopment Authority Minutes Apri] 24, 2007 Page 3 of 3 Nawrocki asked how the bids compared to the previous floor bids. Gravemann stated they were about the same with the usual wage increases only. Motion by Kelzenberg, second by Williams, to approve the bids and award the contract for Phase 4 of Parkview Villa North Apartment Modernization Project to Unicorp for an amount not to exceed $101,400.00; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. HRA Update Fehst stated they extended the contract with Walker until the beginning of next year. Staff is putting together the packets for the RFQ's. He also stated he felt that Nick and the Walker staff has done a very good job, and appreciates hearing good comments from residents. Nawrocki stated he isn't in agreement that they are doing a good job. They could do better. Walker has changed their requirements since the contract was approved four years ago. He felt we should also look into having City staff run the building again. Motion by Nawrocki, second by Jindra, to direct staff to prepare a request for quote (RFQ}for outside management and prepare documents as to what it would cost to have City staff manage the building. All ayes. Motion Carried. Diehm directed staff to provide the RFQ's a little in advance of the July meeting so they can review the documents a little longer. Adjournment Chair, Diehm adjourned the meeting at 7:21 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:\HRAMinutes 2007\4-24-2007 25 ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES August 27, 2007 CALL TO ORDERIROLL CALL President, Gary L. Peterson called the meeting to order at 6:30 p.m. Present: Gary L. Peterson, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek and Bruce Kelzenberg. Williams arrived at 6:44pm. Absent: Patricia Jindra PLEDGE OF ALLEGIANCE BUSINESS ITEMS Adopt Resolution 2007-20, Awarding the Sale of Public Facility Lease Revenue Bonds, Series 2007B Walt Fehst stated the bids were opened this morning and would like to turn this over to Mark Ruff. Mark Ruff, Ehlers & Associates passed out one more document to the board which contained: 7) results of the bids, 2) the Moody's Investors Service report for the bond issue; 3) payment schedules based on the bids and 4) is an overview of the market and how this bond issue compares to the market. The lowest bid was from Stifel, Nicolaus with a true interest rate, which combines the coupon rates and the fees at a 4.9589 percent. The second bid was from Northland Securities with 20 basis points or less than a quarter percent higher. We are very happy with the rate we received from Stifel, Nicolaus, which was based on a Moody's rating of 83 and is the rating we expected. It is just two notches below our cities general obligation A-7 rating. This is typical for something that is not a City Hall or a Public Works Facility. These are 20-year bonds. Fehst stated if you look the 4.959, compared to 4.96, we are less than three one hundreds percent or eleven ten thousands percent off of what the average is for a G.O. bond throughout the country. Ruff stated that is correct. Nawrocki asked if they only received the two bids. Ruff stated that was correct. Nawrocki stated he looked over the preliminary official statements sent out previously to him. The one for the Liquor Store he found interesting as they indicated we had revenues in 2005 of $367,000 profits, 2006 we had $380,000 and on the document for the million dollar issue you indicate the profitability for 2005 was $222, 000 and 2006 it was $224, 000. On the statement from the audit conducted for 2006 it indicates profits of $202, 000 and 2005 of $200, 000. Where are you getting all of these different profit numbers? Ruff stated he wasn't sure which numbers Mr. Nawrocki was referring to that vary substantially. The purposes in the two different official statements was in an effort to say, if the Liquor Stores didn't lease property, how much money would be available to pay debt service, 26 Economic Development Authority Special Meeting Minutes August 27, 2007 Page 2 of 2 Motion by Diehm, second by Williams, to Adopt Resolution 2007-20, a Resolution Awarding the Sale of $5, 040, 000 in Public Facility Lease Revenue Bonds, Series 20078 (Municipal Liquor Stores Project), and its related documents; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Andrew Pratt, Kennedy & Graven stated one of the major aspects of the Lease Purchase Agreement is that the EDA will be leasing the land and the facility to the City. The City would pay lease payments on it, which would intern be used to pay the debt service off. Section 5.6 of the Lease Purchase Agreement, talks about the Cities powers in any fiscal year not appropriating funds to pay the lease. In case that ever does happen, in section 3.02 references that the authority would have to find another tenant to pay off the bonds. That is one of the risks of the lease revenue bond. In this case we have the trustee being the EDA. Nawrocki stated in the debt service schedule you aren't paying anything but principal the 1St so many years and farther down the road we will end up making payments that will far exceed our expectations. Therefore, he wanted the record to show he would not be voting in favor of this item. Upon Vote: Williams-aye, Nawrocki-Nay, Kelzenberg-aye, Diehm-aye, Szurek-aye, Peterson-aye. Motion Carried. Peterson stated he received word today that Commissioner Jindra will be resigning from the EDA due to health issues. We wish her well. As board members he wanted everyone to think if they new of anyone they think would be a good candidate to fill her position and bring to bring that persons name to the meeting tomorrow night. ADJOURNMENT President, Peterson, adjourned the meeting at 6:58 p.m. Respectfully submitted, Cheryl Bakken Community Development Secretary H:\EDAminutes2007\8-27-2007 Special Mtg 27 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES August 28, 2007 CALL TO ORDER/ROLL CALL President, Gary L. Peterson called the meeting to order at 7:01 p.m. Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek and Bruce Kelzenberg Absent: Patricia Jindra PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of July 24, 2007 regular meeting and the Financial Report and Payment of Bills far the month of Juiy on Resolution 2007-16. Nawrocki asked about the check for family fun shows. Streetar stated it was the carnival deposit from the festival. MOTION by Nawrocki, second by Kelzenberg, to approve the consent agenda items as listed. All ayes. Motion Carried. EDA RESOLUTION 2007-16 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JULY 2007 AND PAYMENT OF BILLS FOR THE MONTH OF JULY 2007. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of July 2007 and the list of bills for the month of July 2007 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 28 day of August, 2007. BUSINESS ITEMS Resolution 2007-17, Third Amendment to Contract for Private Redevelopment Schumacher stated Mike Norton, Kennedy & Graven, as well as Dave Kloeber, the developer is here tonight to answer any questions the board may have. The Contract for Private Redevelopment was originally dated September 23, 2003, with 1Sr amendment 2s Economic Development Authority Meeting Minutes August 28, 2007 Page 2 of 10 on April 26, 2005, and the 2"0' Amendment was executed on November 22, 2005. The first condo building was constructed, then the residential real estate market softened, and sales slowed significantly. The current partner, Mr. Kloeber, is continuing to market the development. Due to the market conditions and the death of his partner, the developer now needs more time to complete the construction required by the Contract for Private Development, hence the third amendment, which provides two additional years, until December 31, 2010, to complete all the phases of the housing project and 2009. Nawrocki asked, who are we actually dealing with as he read in the St. Paul paper recently about the development in Ramsey where the City of Ramsey got their self into big problems, with the development. Kloeber stated he has owned Grand Central Properties, since December 1, 2004. He does not know who owns the Ramsey project, has never been involved with the project and never will be. The executive who was committed to the project, Jim Hisel, who used to work with Bruce Nedegaard, had fraudulently filled out purchase agreements at Grand Central, and gave people checks so they could put it back in his account. Nawrocki asked the attorney, Mike Norton if he was aware of this situation. Norton stated he was and that the transfer of the Grand Central Properties was from Nedegaard to Kloeber. Nawrocki asked what is the third change. Schumacher stated it is to change the wording of the owner and the term of the agreement is extended. Diehm expressed to Kloeber that it is a great project, timing is unfortunate, hoped he knows we are a City and committee that is very committed to this project, supports this amendment and stated that we will do what we can to help him. Szurek and Kelzenberg stated they are also in agreement with Diehm, that it is a very nice project. Williams stated he also thinks the project is very nice and suggested they leave more lights on in the building, which would attract more peop/e to the building. K/oeber stated Streetar has been very helpful and has been reassuring him the City is committed to the project. Streetar suggested that maybe on the mayoral updates Peterson could have Kloeber join him. Peterson stated that could be arranged. Motion by Diehm, second by Szurek, to Adopt Resolution 2007-17, a Resolution Approving a Third Amendment to the Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and Grand Central Properties, LLC, and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Nawrocki felt Nedegaard did a good job on the project, but was concerned that we get involved in the problems of the project in the City of Ramsey, he doesn't want us to get into that kind of trouble, because not enough of the right answers were asked. We are 29 Economic Development Authority Meeting Minutes August 2$, 2007 Page 3 of 10 extending the agreement for three years and the original agreement should have been done by this time, getting back the TIF money depends on the tax income of the project and at this time we aren't receiving anything. Diehm told Nawrocki that some of our reassurance is that we want it done right, and we are tied into the agreement. Upon Vote: Szurek-aye, Williams-aye, Nawrocki-aye, Peterson-aye, Diehm-aye, Kelzenberg-aye. All ayes, Motion Carried. RESOLUTION N0.2007-17 RESOLUTION APPROVING A THIRD AMENDMENTTO CONTRACT' FOR PRIVATE REDEVELOPMENT BETWEEN TtIE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND GRAND CENTRAL PROPERTIES, LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("Authority") as follows: Section L Recitals. 1.01. The Authority and New Heights Development, LLC (the "Redeveloper")entered into a Contract for Private Redevelopment dated September 22, 2003, as amended by First Amendment thereto dated April 26, 2005 and a Second Amendment thereto dated November 22, 2005 (the "Contract"), setting forth the terms and conditions of redeaelopment of certain property within the Redevelopment Project, generally located east ofCentral Avenue, between 47°i and 49°i Avenues. 1.02. New Heights Development, LLC has changed its legal name to Grand Central Properties, LLC but in all respects remains the Redeveloper under the Contract. 1.03. The parties have determined a need to amend the Contract further, to adjust the schedule for redevelopment of the subject property due to circumstances beyond the control of the Redeveloper. 1.04. The Board has reviewed a Third Amendment to the Contract and tinds that the approval and execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Third funendment to the Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Third Amendment to the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 28th day of August, 2007. Resolution 2007-18, Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of its Taxable Tax Increment Revenue Note, Series 2007A Schumacher stated the EDA and the City approved the establishment of the Kmart- Central Avenue TIF District and adopted a TIF plan for the purpose of financing certain improvements within the project. Pursuant to the development agreement as well as Minnesota Statutes, Section 469.178, the authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the project. Resolution 2007-18 approves the sale of TIF notes to the developer in the amount of $700,000. This is necessary as it is anticipated the developer will be able to submit its qualified costs, thus requiring the EDA to approve up to the maximum note amount of $700,000 to cover those costs as required by the Contract for Private Development. Staff will not issue the note until the developer provides his qualified costs and the costs are verified. 30 Economic Development Authority Meeting Minutes August 28, 2007 Page 4 of 10 Motion by Szurek, second by Kelzenberg, to Adopt Resolution 2007-18, a Resolution Awarding the sale of, and Providing the form, terms, covenants and directions for the issuance of its taxable tax increment note, series 2007A; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. RESOLUTION N0.2007-18 RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS ANll DIRECTIONS FOR THE ISSUANCE OF ITS'CAXABLE TAX INCREMENT REVENUE NOTE, SERIES 2007A BE IT RESOLVED BY the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority, Colmnbia Heights, Minnesota (the "Authority") as follows: Section 1. Authorization• Award of Sale. 1.O1. Authorization. "fhe .Authority and the City of Columbia Heights have heretofore approved the establishment of the Kmart/Central Avenue Tax Increment Financing District (the "TIF District") the Downtown CBD Redevelopment Project (the "Project"), and have adapted a tax increment financing plan for the purpose of financing certain improvements within the Project. In connection with the TIF District, the Authority entered into a Contract for Private Redevelopment between the Authority and New Heights Development, LLC (now known as Grand Central Properties, LLC) dated as of September 22, 2004, as amended by a First Amendment thereto dated as of Apri126, 2005, a second amendment thereto dated as of November 32, 2005, and a Third Amendment thereto dated as of , 2007 (the "Agreement"). Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that itrssue and sell its 'Taxable Tax Increment Revenue No[e in the maximum principal amount of $700,000 (the "Note") for the purpose of financing certain public redevelopment costs of the Project. 1.03. Issuance. Sale. and Tenns of the Note. "fhe Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with the Agreement. The Note shall be issued to Grand Central Properties, LLC ("Owner"). The Note shall be dated as of the date of delivery, shall mature no later than February 1, 2013, shall bear interest at the rate of 6.0 °ro per annwn from the date of original issue of the Note, and shall be in the principal amount of the Public Redevelopment Costs submitted and approved in accordance with the Agreement but in no event greater than $700,000. The Note is issued in consideration of payment by Owner of the Public Redevelopment Costs in at least the principal amount of the Note, in accordance with the Agreement. Section 2. Form of Note. 1'he Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY No. R-1 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 2007 Date Rate of Orieinal Issue 6.0 % ,''007 The Colmnbia Heights Economic Development Authority ("Authority") for value received, certifies that it is indebted and hereby promises to pay to Grand Central Properties, LLC or registered assigns (the "Owner'), the principal sum of$700,000 or so much thereof as has been from time to time advanced (the "Principal Amount"), as provided in the Agreement defined hereafter, together with interest on the unpaid balance thereofaccrued from the date of original issue hereof at the rate of 6.0 percent per annum (the "Stated Rate"). This Note is given in accordance with that certain Contract for Private Redevelopment between the Issuer and the Owner dated as of September 22, 2004, as amended by a First Amendment thereto dated as of April 26, 2005, a second amendment thereto dated as of November 22, 2005, and a Third Amendment thereto dated as of , 2007 (the °`Agreement")and the authorizing resolution (the "Resolution") duly adopted by the Authority on August , 2002 Capitalized terms used and not otherwise defined herein have the meaning provided for such terms in the Agreement unless the context clearly requires otherwise. I . Payments. Principal and interest ("Payments") shall be paid on the first February 1 or August I after substantial completion of all the 1-lousing Improvements and Commercial hnprovements in accordance with the Agreement, and on each February 1 and August 1 thereafter to and including February l , 2014 ("Payment Dates"'), in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. 31 Economic Development Authority Meeting Minutes August 28, 2007 Page 5 of 10 Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days written notice to the Authority. Payments on [his Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Simple interest shall accrue from the date of original issue of this Note and shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. All payments on this Note are payable on each Payment Date solely from and in the amount of the "Available Tax Increment," which means (a} on the first Payment Date, 90 percent of the Tax Increment attributable to the Housing Property as defined in the Agreement that has been paid to the Authority by Anoka County prior to that Payment Date, and (b) on each Payment Date after the first Payment Date, 90 percent of the Tax Increment attributable to the Housing Property as defined in the Agreement that has been paid to the Authority by Anoka County in the six months preceding the Payment Date, The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of such pledged revenues. The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final Payment on February 1, 2014. 4. Default. Upon an Event of Default by the Redeveloper under the Agreement, the Authority tnay exercise the remedies with respect to this Note described in Section 9.2 of the Agreement, the terms of which are incorporated herein by reference. 5. Optional Prepayment. (a) The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by [he Authority without premium or penalty. No partial prepaytnen[ shall affect the amount or timing of any other regular payment otherwise required to be made under this Note. (b) Upon receipt by Redeveloper of the Authority's written statement of the Excess Amount as defined in Section 3.4(e) of the Agreement, one-half of such Excess Amount will be deemed to constitute, and will be applied to, prepayment of the principal amount of this Note. Such deemed prepayment is effective as of the Final Closing Date as defined in Section 3.4(e) of the Agreement, and will be recorded by the Registrar in its records for the Note. Upon request of [he Owner, the Authority will deliver to the Owner a statement of the outstanding principal balance ofthe Note after application of the deemed prepayment under this paragraph. 6. Nature of Oblieation. This Note is one of an issue in the total maximum principal amount of $ issued to aid in financing certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to the Resolution, and pursuant to and in full conformity with the Constitution and laws ofthe State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the Authority which is payable solely from the revenues pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of 1vlinnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereofshall be obligated to pay the principal of or interest on this Note or other costs incident hereto except from and to the extent of the revenues pledged hereto, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a ful ly registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this No[e is transferable upon the books of the Authority kept for that purpose at the principal oftice of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrmnent of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, tee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall nut be transferred to any person unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS HEREBY CERTIFIED AND REC[TED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be dune, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been pert2mned in due form, time and manner as so required. TN W ITNESS WHEREOF, the Board ofCommissioners ofthe Colmnbia Heights Economic Development Authority have caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Executive Director-Walter R. Fehst President-Gary L. Peterson 32 Economic Development Authority Meeting Minutes August 28, 2007 Page 6 of 10 REGISTRATION PROVISIONS 'T'he ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed below, Date of Signature of Registration Registered Owner _ City Finance Director Grand Central Properties, LLC Federal Tax I.D. No. Section 3. Tenrts Execution and Delivery. 3.01. Denomination. Pa tLnent. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal oi'and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates: Interest Paymeot Dates. Principal ofand interest on the Note shall be payable by mail to the owner of record thereofas of the close of business on the ftfteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. T'he Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which Che Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) 'Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note ot'a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shalt not be transferred to any person unless the Authority has been provided with an opinion ofcounsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers, which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal ofand interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent o1'the sum or sums so paid. (f) Taxes, Fees and Charees. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated. Lost, Stolen or Destroyed Note. Incase any Note shall become mutilated orbe lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu ofand in substitution for such Note lost, stolen, or destroyed. upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon tiling with the Registrar ofevidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its tuns, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. Incase any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. Section 4. Security Provisions 33 Economic Development Authority Meeting Minutes August 28, 2007 Page ~ of 10 4.01.. Pledee. The Authority hereby pledges to the payment of the principal of and interest on the Note al] Available Tax Increment under the terms and as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereofor interest thereon (to the extent required to be paid pursuant to this resolution} remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the Bond Fund in each year all Available'I'ax Increment. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for the TIF District upon termination of the Note in accordance with ifs terms. 4.03. Additional Bonds. If the Authority issues any bonds or notes secured by Available Tax Increment, such additional bonds or notes are subordinate to the Note in all respects. Section 5. Certification of Proceedines. 5.01. Certification of Proceedines. The officers of the Authority are hereby authorised and directed to prepare and furnish to the Owner of the Note certi tied copies of all proceedings and records of the Authority, and such other aftidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and atl`idavits, including any heretofore furnished, shall be deemed representations of the Authority as to the t"acts recited therein. Section 6. Effective Date. This resolution shall be effective upon approval. Adopted this 28 day of August, 2007. Anoka County Housing and Redevelopment Authority Economic Development Activities Streetar stated Karen Skepper is here from Anoka County. This is an offer from the Anoka County Housing and Redevelopment Authority (ACHRA), to participate in ACHRA economic development activities effort. Commissioners are asked to make recommendation to the City Council for their action on September 10th. If not, no further action is required. What you're being asked to participate in is their economic development activity project. The City Council must pass a resolution to opt in for a period of five years and Anoka County would levy a tax in Columbia Heights each year. In 2008 about $200, 000 and every year, thereafter around the same amount, or on an average of $205, 000 every year starting in 2008-2012. The cost, on an annual basis for a home worth $200, 000 would be $30 to $31 per year. The maximum they could levy is $247, 000 or about another $50, 000, which would raise the annual cost fora $200, 000 home to $38 or $39 per year. if you choose not to opt in, you must wait five years before you can opt in. September 14, 2007 is the deadline to decide if you want in or not. Renewing the housing stock and increasing the tax base is important, but requires sufficient public revenues and resources. If you participate you can use some of these funds for redevelopment projects, housing improvement and site preparation costs if you decided to build a public safety center or community center in Heritage Heights. Streetar stated an example of how to use these funds would be to acquire, demolish, and rebuild homes in the Heritage Heights neighborhood. There is only two ways to get that money: bond for it or use the levy. If you bond for the million dollars you are using principal and interest to pay for it, as opposed to if they levy, you would request that money be returned to the community, with no interest. If the county levies the money, you won't pay interest charges. Williams asked if every dollar that Anoka County collects would come back to our City. Karen Skepper of Anoka County stated when the funds come in from taxes, they only take their administration costs out of that and the rest would be available to the City. 34 Economic Development Authority Meeting Minutes August 28, 2007 Page 8 of 10 Williams asked if Streetar was in favor of this. Streetar stated he is in favor of it to replace blighted housing, provide for home improvement loans, cleaning contaminated property, and taking care of vacation property. He knows what resources are out there and it isn't much. Peterson asked if we would pursue the tax increment. Streetar recommend not pursuing the special legislation, but in the next agenda item he has put together a housing plan. With the decertification of the A3, C7 and C8 Tax Increment Districts in 2009 and 2010, it will put a lot of tax capacity back on the roll. That means it is estimated that your able to increase your levy in the neighborhood of four to five hundred thousand a year to pay the debt service on any bonds you may sell, for projects such as the Community Center. You could bond for $5 million and not have to see a tax increase on residents in the City. Fehst asked if cities like Fridley, Coon Rapids, or Blaine are participating. Skepper stated they have not committed at this point, but Spring Lake Park has. Fehst stated there is so much we want to do and by having this type of revenue from the county would be beneficial. When you participate in this program you do not have to levy and if you do this you could recommend the 15% be lowered to 7%. Nawrocki stated the 15% is a little bit high, but some of our programs are at 10% and asked what the maximum levy the EDA can use is. Streetar stated the $247, 000 would be the maximum the City could borrow. Motion by Diehm, second by Szurek, to recommend City Council participate in the Anoka County Housing & Redevelopment Authority Economic Development Activities, with the suggestion that the 15 percent be lowered to something more reasonable. Upon Vote: Nawrocki-nay, Kelzenberg-aye, Peterson-aye, Diehm-aye, Szurek-aye, Williams-aye. Motion Carried. Housing Maintenance Plan Streetar stated since 2002, one of the City Council's priorities has been maintaining and improving the housing stock. To continue this process, staff has prepared a Housing Maintenance Plan for 2008 through 2017 that will provide support to maintain the housing stock. The plan represents the bare minimum to maintain the housing stock, and if resources allow should be increased. l am proposing five plans, which three of them you have been already participating in for many years. The programs include: 1) Housing Resource Center (HRC) provides home improvement loans, construction management services and information on a variety of housing topics. Since 2002, services have been provided to 1, 819 homeowners. Staff recommends annual funding of the HRC program in the approx. annual average amount of $16,800. 2) Home Rehabilitation Incentive Program (HRl), provides homeowners with a cash rebate of 10%, 12%, or 15% of eligible rehabilitation costs up to $3,000, depending on their income. The household income must be at or below 115% of 35 Economic Development Authority Meeting Minutes August 28, 2007 Page 9 of 10 the area median income or $88,206. Since 2002, 62 homeowners have received rebates and resulted in about $775, 000 of improvements. Cost over 10 years is $505, 000 and the estimated number of rebates is about 440. 3) Single-Family Home Replacement Program (SERB) provides funding fo allow for the replacement of the most blighted and dilapidated single-family detached homes in the City with new single-family detached housing. GMHC has been rebuilding the homes in the past few years. Staff put together an alternative program to try to do two to four homes per year. What we are recommending is that every other year beginning in 2008, the EDA provide $50, 000 and staff would go to two other programs to leverage other funds, like we did in 2004 to tear down four houses and build eight new ones in their place. 4) Single-Family Home Deferred Loan Program (SFHD), provides a no or low interest deferred loan to a homeowner of lower income to complete structural improvements that would help maintain the quality of their home and the City's housing stock. The intent of the program is to provide assistance to homeowners who need to perform home maintenance, but who may not be able to pay a monthly debt service of a conventional loan. The loan is deferred and becomes payable when the property is sold or changes title. The funds are then loaned out to another homeowner. Staff recommends funding this program over 10 years in an amount of $306, 426, which you would expect to provide 20 to 30 loans. 5) Housing Maintenance Capacity Building Program (HMCB), establishes future housing funding capacity through an EDA annual levy. By establishing this pool of resources the EDA can be assured this housing efforts that have begun will continue. Establishing the capacity ensures housing maintenance will remain a priority in the future. To establish his program the EDA would need to levy an additional $50,000 annually. The funds would be reserved for housing maintenance programs to be implemented after 2017. The program would create $455, 931 of housing maintenance financial capacity over the 10-year period for future housing maintenance needs. In summary, these housing programs, with a total amount of money invested of $1.6 million over 10 years, suggest taking $1,091,000 from different fund balances and $450, 000 in an annual EDA $50, 000 of the levy beginning in 2009. Interest earnings on those funds over 10 years of $444,000, be taken and invest into those programs. Fehst stated we did talk about extending the levy due to the public safety building, and activity center. He commended Streetar for coming up with this plan, which allows us something to show the residents that we are addressing the issues in housing. Nawrocki stated before we decide on raising taxes we should take a look at what we are already taxing our residents and he commended Streetar for coming up with these programs. Diehm stated some of these programs we have already been participating, we need to 36 Economic Development Authority Meeting Minutes August 2$, 2007 Page 10 of l0 be very aggressive with our housing, it is important we maintain our housing stock, the house is the biggest investment that we have, and that we have the obligation to help our residents out in maintaining this. Motion by Williams, second by Kelzenberg, to Approve the Housing Maintenance Plan subject to confirmation of these funds by the finance department. Upon Vote: Nawrocki-nay, Kelzenberg-aye, Diehm-aye, Williams-aye, Szurek-aye, Peterson-aye. Motion Carried. Other Business Streetar stated Kirsten Partenheimer passed out the agenda for the ACAC meeting that will be held tomorrow night. You are all welcome to attend. The next regular EDA meeting will be Tuesday, September 25, 2007 at City Hall. ADJOURNMENT President, Peterson, adjourned the meeting at 8:43 p.m. Respectfully submitted, Cheryl Bakken Community Development Secretary H:\EDAminutes2007\8-28-2007 regular meeting 37 HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF AUGUST 28, 2007 Call to Order by Chair, Tammera Diehm called the meeting to order at 8:45 p.m. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Bruce Kelzenberg. Absent: Patricia Jindra. Pledge of Allegiance BUSINESS ITEM Request for Proposal (RFP) for Parkview Villa North/South Management Services Schumacher stated you are looking at a Draft Request for Proposal for Management Services for Parkview Villa North and South. The current agreement with Walker expires on January 31, 2008. On the second page there is a timetable for the process. A pre-submission conference and tour of the properties would be held September 17~h, proposals would be due on October 15 by 4pm, there would be a 30-day review by the HRA board, with a special meeting to be held approximately the third week in November to conduct interviews and make a final decision. Ecklund stated the current contract was for three years and in this draft it states five years. Schumacher stated he and Streetar talked about the time it takes to go through the bidding process and felt it would be beneficial to go with a longer period of time, again this is a draft so you could change that. Ecklund stated he would like to see a three-year agreement with atwo-year extension. Nawrocki stated on page 3, item 6, full responsibility for hiring and firing of staff, and staff training. With our past experience of hiring, he requested to be one of the people to interview the new candidate for management and wasn't able to do so, Diehm and Jindra did it. He felt in his view, there isn't good, managers at Parkview. Diehm asked if any of the other commissioners received a hand written letter from a resident stating Nick has been the best manager that has ever been in the building. Szurek, Williams and Kelzenberg stated they did receive it. Nawrocki stated on page 4, H, the second paragraph, it says the agency will utilize the selection process, and asked who would make those decisions. Diehm stated under number 1, General Information, A. Introduction/Background section, "The Columbia Heights Housing & Redevelopment Authority (HRA), hereinafter referred to as the Agency or Owner'; that is us. Nawrocki asked on page 5, under number two, General Requirements, letter A, who is the contract manager. Diehm stated it is the manager. Nawrocki stated he felt it was the independent contractor, was concerned about the person that has the day-to-day position in the building and that we have been weak in that area. Diehm stated the heading under two, General Requirements of Management Agent, the next line says management company, then the rest of the items under that say contract manager. She suggested Schumacher make all of them the same phrase. 38 Housing & Redevelopment Authority Minutes August 28, 2007 Page 2 of 2 Nawrocki asked Streetar if he had any recommendations. Streetar stated he would recommend they put in two things: 7) what is your cost for operating the building, which includes labor, training, mileage; and 2) what do you propose your management fee to be. Schumacher stated he already made those changes. Motion by Williams, second by Ecklund, to Approve the Request for Proposal for Property Management Services for Parkview Villa North and South, with the amendment to Section II as discussed. All ayes. Motion Carried. Adjournment Chair, Diehm adjourned the meeting at 9:05 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:\HRAMinutes 2007\8-28-2007 Special Meeting 39 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 6, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek. Excused members: Fiorendino. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Peterson, seconded by Schmitt, to approve the minutes from the meeting of October 2, 2007. All ayes. MOTION PASSED. 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 this amendment is being withdrawn. When the amendment is completed it will be re-published and brought before the commission as a new case. CA5E NUMBER: 2007-1101 APPLICANT: Signminds LOCATION: 999 50t" Avenue NE REQUEST: Site Plan for Signage INTRODUCTION At this time, Signminds is requesting a site plan approval for new Signage for the office building located at 999 - 50`" Avenue. The office building currently has a wooden freestanding sign and would like to upgrade to a monument sign in the same location. The Design Guidelines require site plan approval for any new signage proposed for a business. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Comrriercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community. Incorporating amonument-style sign for the business at 999 - 50`" Avenue would be compliant 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 west. The properties to the east are zoned R-2A, One and Two Family Residential and the properties to the south are zoned R-2B, One and Two Family Residential. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. 40 Planning & Zoning Commission Minutes Page 2 November 6, 2007 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 six (6) feet in height and 32 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. 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 plan meets all the Design Guidelines standards for morsitmer2t signs i~a relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plun is consistent with the Comprehensive Plan, as it is consistent with the Design Overlccv Highway District. 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 rega~irements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines. Staff reconunends approval of the site plan for the office building located at 999 - 50`" Avenue. Questions from Members: Schmitt asked for clarification for the record on the need to go through the site plan process for approval of this new sign. 41 Planning & Zoning Commission Minutes Page 3 November 6, 2007 Commission members thought the new monument sign would be much nicer looking and meets the Design Guidelines, therefore enhancing the appearance of the site. Public Hearing Opened: A representative from Signminds and the owner of the business were present. They were happy the Commission liked the design of the new sign. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 2007-PZ07, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, to adopt Resolaation No. 2007-PZ07, being a resolution approving ca site plan for the office building located at 999 - SO`" Avenue. All ayes. MOTION PASSED. RESOLUTION N0.2007-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 999 -SOT'-' AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-1101) 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: 999 - 50`h Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the office building at 999 - 50`h Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on November 6, 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 42 Planning & Zoning Commission Minutes Page 4 November 6, 2007 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 properly 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 or2e (1) cale~zdar year after the approval date, subject to petition for renewal of the permit. Passed this 6`h day of November 2007, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson 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. Catherine Monnens Date 43 Planning & Zoning Commission Minutes Page 5 November 6, 2007 NEW BUSINESS Planner Sargent stated that only eight people were in attendance at the Public Forum seeking input for the renewal of the Comprehensive Plan held November 1, 2007, at Murzyn Hall. Out of the eight people attending, only one person was not a current member of a Board, an elected official, or a staff member. Staff was somewhat disappointed by the lack of interest in something so important to the future of our city. Sargent said staff will contact several community groups and seek feedback from a survey or questionnaire that will be prepared. He said they plan on approaching several groups including the High School, the Sr. Group, possibly the Asian community and the Hispanic residents, so input from a cross section of residents is obtained. The next meeting was originally scheduled for December 10`h, but this will probably be re-scheduled for January so that further input from these groups can be gathered. Szurek informed Sargent that the response or interest in this process was similar the last time it was done. Schmitt suggested that maybe something should be put on the website or on cable allowing people to e- mail in their comments or to fill out a survey online. People are more apt to respond this way as it doesn't commit them to a meeting or take up as much time. OTHER BUSINESS Gary Peterson. spoke to the members about re-zoning Central Ave from 44`h to 45`h Avenue that will be on the December meeting agenda. The VFW is seeking this re-zoning from Limited Business to General Business so they can build a patio next to their building. They want to get the slab in yet this year, so they may pour that prior to the December meeting, with the understanding they are doing so at their own risk. He said they will be adding a roof and partial walls later that will meet necessary requirements for an outside patio. The rneetirig was adjoisrized at 7:20 pm. All Ayes. Respectfully submitted, Shelley Hanson. Secretary 44 OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, OCTOBER 18, 2007 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hartel at 7:05 p.m. Roll Call Members present: Bob Buboltz, Barb Gertsema, Mike Hartel, Jirn Johnson, Nancy King, Carolyn Laine (7:08 p.m.), Mike Patiuk, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Katy Korday, Lori Ritzko Members absent and unexcused: Scott Kyseth Council Liaison, Tami-Ericson Diehm, was present. Carole Blowers, Recording Secretary was present. Jim Hoeft, City Attorney, was present. Approval of Minutes of April 19, 2007: Motion by Commissioner Vogtman, seconded by Commissioner Sturdevant, to approve the minutes of July 19, 2007, as presented. Motion passed unanimously. Correspondence The Recording Secretary advised that since the July meeting, she sent an e-mail to the City Attorney and President regarding the question raised at the last meeting regarding the vote required to pass ordinances and resolutions, as well as tonight's agenda and minutes. Status of Membership The Charter Commission still has two vacancies. The Recording Secretary was not aware of any applications pending at this time. Old Business -None New Business Continued Review of the City Charter by the City Attorney The City Attorney stated that at the July meeting, Chapter 3 of the charter was discussed with commission members. Tonight, the focus will be on Chapter 4. The City Attorney provided the following comments on Chapter 4: Section 13: The City Attorney stated that per State Statutes, the results of an election must be canvassed within 7 days, not S like it states in our Charter. His suggestion was to change the Charter to read the results of an election must be canvassed per State Statutes instead of changing the Charter to 7 days instead of 5 (just in case State Statutes would ever get changed from 7 days to something else). Charter Commission October 18, 2007 Pam i The City Attorney stated we would continue discussion of the charter at the next meeting, starting with Chapter 5, Initiative and Referendum. He stated this section would probably take longer to go through, especially the referendum part. Commissioner Laine commented that there are some cities that are considering going from statutory cities to charter cities. Commissioner Johnson stated that with a charter city, they can embellish on State Statutes and how a city is run. Annual Board/Commission Dinner Commissioner Sturdevant asked if there would be a joint board/commission dinner again like last year. The Recording Secretary stated that she thought there would be, no official word has been given yet. It would probably be held in the spring, like last year. Next Meeting Date The next regular Charter Commission meeting date is January 17, 2008, at 7 p.m. at Murzyn Hall. Continuation. of review of the charter (Chapter 5) and election of officers will be agenda items. Adjournment Motion by Commissioner Sturdevant, seconded by Commissioner Buboltz, to adjourn the meeting at 7:46 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission October 18, 2007 Pa,~ 2 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 26, 2007 AGENDA. SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Adopt Res.. 2007-222 Council BY: Walt Fehst BY: meeting date December 2007 DATE: November 22, 2007 DATE: NO: Back rg ound: The last Monday of the month is the regularly scheduled City Council meeting date. In 2007, the last Monday of the month is December 24, 2007. December 24`h and 25`h are observed as holidays. Recommendation: • Cancel the Monday, December 24, 2007 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-222, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-222, being a Resolution canceling the Monday, December 24, 2007 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: 47 RESOLUTION N0.2007-222 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 24, 2007 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24, 2007 and Tuesday, December 25, 2007, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 24, 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 49 CITY COUNCIL LETTER Meeting of November 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: William J. Roddy BY: NO. Department 2007 Budget Overtime Line DATE: 11/19/2007 DATE: #1020 BACKGROUND During the past three months, the Police Department took part in the Statewide Safe and Sober program. This program involved putting officers on our streets on overtime enforcing Driving While Intoxicated laws and the use of seatbelts. In November, we were reimbursed by the State of Minnesota for the overtime expended for two waves; August 17 to September 3 and October 12 to 20, 2007. This was in the amount of $2,846.67. The 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 are 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 placed in the General Fund. The Police Department would like to see these funds moved back into our 2007 Police Department budget Line # 1020, Overtime from the General Fund. This will assist using continuing to take part in this program. RECOMMENDED MOTION: Move to transfer $2,846.67, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from. the General Fund to the Police Department 2007 Budget Line #1020, Overtime. :kao 07-192 COUNCIL ACTION: 50 ~~os~o payee: 108367 COLUMBIA HEIGHTS POLICE DEPT 5uppiier Invoice No Date Remark 4 10/20/2007 2007 SAFE & SOBER 5 9/4!2007 2007 SAFE & SOBER Check No. - 230870 Stub 1 of 1 Check Date - 11/8/2007 PO Amount C~c~ 1 ~ ~ Jcf ~~~~~ `~~ 1, 256.62 ~. 1 ~~ S~~ ~. ...)? ~`! ~? 1, 590.05 1 2,846.67 PLEASE DETACH BEFORE pEPOSlTtNG ---- 7 WELLS FARGD BANK ~3a$70 17 1 ~ ~~~geg/ jf~R~g~®p~g/ CCQN RAPIDS, MN 55433 91Q ~ IM6lj~~N E~IiBS~BO'AT'iA/) .`~v'^"~"~~ CINof Coon Rapids NUMBER _ I11Si RnNncon bArs Cooft &srydn, MN 55.{3;+3761 I ;mastuao rAx rba-;c,-rssl * * * * * 2 , 8 4 6. 6 7 DATE 11 / 8 / 2 0 07 Ar~nouNT ~ TWO THOUSAND EIGHT HUNDRED FORTY 5IX AND 67/100************************************** PAY TO THE COLt~MBIA HEIGHTS POLICE DEPT (l~~~ ~ OflDER ll~~Iw^~ ,~ ~" OF rip M+ AUTHORIZED SIGNATURES ~~• z ~oa~o!-~ x:09 ~oooo ~q~:oo goo i~.~oo~-~ Agencv: 2Q07 SAFE & SOBER Due: 8/31107 Speed /+..~,..,,4.:.~ Lte:nhtc Dnlirn r1p.,t Enhanced Patrot Cost Worksheet Sept, 06 • ~ !~ r • i # Rate T 4 Hours x Rate ' ` - ~ ~ Worker's Pay + Fringe Rate Per Rate x Miles NAME: Badge . . * ~ ~ # Hours Per Hour E uals Pa Medicare P.E.R.A. Cam E uals Costs Miie # Miles E uals Cost Pau! Bonestee! 39 18.50 $42.83 $792.26 $11.49 $83.19 $33.75 $920.69 $0.445 100 $44.50 Lee Okerstrom 33 6.75 $42.83 $289.07 $4.19 $30.35 $12.31 $335.93 $0.445 30 $13.35 Jason Piehn 35 $38.54 $0.445 Gre Sinn 38 $42.83 $0.445 Ter Ni htin ale 8 $42.83 $0.445 Mike McGee 19 $42.83 $0.445 Ga Kal[estad 21 $42.83 $0.445 Steve Korts 17 $42.83 $0.445 Bill Schmidt 6 $42.83 $0.445 Joe Sturdevant 34 $42.83 $0.445 Dale Sorensen 36 $42.83 $0.445 Matt Markham 22 $42.83 $0.445 Matt Aish 7 $42.83 $0.445 Robert Harve 9 $42.83 $0.445 Jason Beckett 18 $42.83 $0.445 Erik Johnston 37 $42.83 $0.445 Danielle Han! 32 $34.26 $0.445 Diana Bu os 30 $34.26 $0'445 Erik Hanson 36 $34.25 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $a.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 $0.445 Totals: ~~' ~` 25 ~" 25 $1,081.33 $15.68 $113.54 $46.06 $1,256.62 130 $57.85 . _ __ ___ . . _ _ _, n..~:. ....,.a ~.,a rre~to.i F,.r Cnt Ri[I Wsm mas Ali .ri/20(17 *if an agency has not computed tne~r own mneage race, me state race v, w.or ~ Ne, „~„a ~,~~ Na u~ow. A~}ency; 2007 SAFE 8~ SOBER Due: 11/16/07 Seat Belt Columbia Heights Police Deut. Enhanced Patrol Cost Worksheet Sep-Q6 e NAME: Badge # Rate O T Hours x Rate Frin a B e enefits . Work Pay + Fringe • Rate Per .- Rate x Miles iT ' ~M ~ m ~ # Hours . . Per Haur E uals Pa Medicare P.E.R.A. Cam E uals Costs Mile'` # Mites E uals Cost Pauf Bonesteel Lee Okerstrom Jason Piehn 39 33 35 19.00 11.00 2.05 $42.82 $42.82 $38.54 $813.57 $471.01 $79.00 $11.80 $6.83 $1.15 $95.19 $55.11 $9.24 $28.56 $16.53 $2.77 $949.11 $549.48 $92.16 0.485 0.485 0.485 115 55 33 $55.75 $26.68 $16.01 Gre Sinn 38 $42.82 0.485 Ter M1!i htin ale 8 $42.82 0.485 Ga Kallestad 21 $42.82 0.485 Steve Karts 17 $42.82 0.485 Joe Sturdevant 34 $42.82 0.485 Matt Markham 22 $42.82 0.485 Dale Sorensen 23 $42.82 0.485 Matt Aish 7 $42.82 0.485 Robert Harve 9 $42.82 0.485 Jason Beckett 18 $42.82 0.485 Erik Johnston 37 $42.82 0.485 Danielle Hanl 32 $34.26 0.485 Diana Bu os 30 $34.26 0.485 Erik Hanson 36 $34.26 0.485 3 Tessa Huber 31 $27.83 0.485 0.485 q.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 0.485 O.asS Totals: ,u ~ 32.05 ~ ll- $1,363.58 $19.77 $159.54 $47.86 $1,590.75 d d b S t B 203 'If H mes $98.46 11!15/07 *If an agency has not computed their own mileage rate, the state rate of $0.485 per mile can Ue used. Designed an create y g . ~ am CITY COUNCIL LETTER Meeting of November 26, 2007 AGENDA SECTION: Consent NO. ORIGINATING DEPARTMENT: POLICE CITY MANAGER APPROVAL: ITEM: Premises Permit Application for CH Athletic BY: William J. Roddy BY: Boosters to conduct charitable gambling DATE: November 15, 2007 DATE: activities -Top Valu Liquor I/ Top Valu Liquor II/Sarna's Tobacco Store NO: BACKGROUND The Columbia Heights Athletic Boosters Club, Columbia Heights, Minnesota, has submitted premise permit applications to hold legal gambling activities at Top Valu I (4950 Central Avenue NE), Top Valu II (2105 37`h Avenue NE) and Sarna's Tobacco Store (4329 Central Avenue NE). The Athletic Boosters will be placing dispensing machines at each of these sites for conducting pull-tab operations. The hours of operation at Top Valu stores would be Monday through Saturday from 9:00 AM to 10:00 PM. The hours of operation at Sarna's Tobacco Store would be Monday through Friday from 6:30 AM to 9:00 PM, Saturday from 8:00 AM to 9:00 PM and Sunday from 9:00 AM to 7:00 PM. The Athletic Boosters have submitted a copy of the floor plan and lease agreement with the City of Columbia Heights for Top Valu I and II, and with Sarna's Tobacco Store for that location. The Permit Applications and permit fees were also submitted. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Sarna's Grill, 3939 University Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 07-12 Attachments COUNCIL ACTION: 54 ~~~ ~~ ~~ ~ ~ `~ October 22, 2oa7 I~r~bia Heights Ath 530 Mil! Street N. E, Columbia Heights, MN 55421 City of Columbia Heights 590 40t~' Avenue NE Columbia Heights, MN 55421-3$78 RE: Application to conduct Lawful Charitable Gambling At Top Valu I - 4950 Central Avenue NE And Top Value lI - 2105 37`j' Avenue NE To Whom It May Concern: The Columbia. Heights Athletic Boosters Club respectfully request approval by City of Columbia Heights~to conduct Lawfuul Charitable Gambling at the Top Valu I & II liquor stores located in Columbia Heights, Minnesota. The Athletic Boosters will place dispensing machines at each site and conduct pull-tabs Monday through Saturday 9:nn am -14:00 p.m. I've enclosed a listing of board members, floor plan, and a copy of the lease agreement entered into by the City of Columbia Heights and Columbia Heights Athletic Boosters Club. A check of $250.00 is included to address investigation fee. if you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (763) 742-3635. Sincerely, Aurora Johnston Gambling Manager 55 Columbia Heights Athletic Boosters Board of Directors CEO: Mark Joseph Vescio 7I12i67 President: Marsha Ann Stroik 12/15/53 VP: Sandra Kathryn Bornetun 1/24/58 Secretary: Karen Schultz Treasurer: Carole Ann Holmes 4/16/64 Directors: Katheryn Ann Mayer 9127/45 Jeri Lynn Cole 813/63 Bob Surbrook Bob Prois 56 Minnesota !,awful Gambling fiJ°~ .,..,..... _ t~.. [ ... ..lT.,,l P!.~.,r.lhtir~ry O/"f'1VI'IE'tl Pdge f Of 2 (..(:7' L 1~7 LC'QVr. 1V! icivn~u^ vws,,,,+,.., - - - Che appUcable item: 1. Lease for new application. SubmU with new premises permik application. ~2. Renewed lease. Submit with premises permit renewal. 3. New owner. Effective date „~J / Submi# new or amended lease within 10 days after new lessor assumes ownership. 4. Amended lease • Check the change{s} in the (ease: ,_-Rent ____,iremises name ____-Boath/bar Actively change Other • Date tha# changes wiU be effective ~ • Bo#h parties must initial and date all changes. ° Submit changes of least 10 days before the effec#ive date of the change. Organization name Da ime hone License number Yt P ' '~ .- .Q s --1 1b '1D6- Name of leased premi .'" Street address City State Zip Daytime phone -~- . .~~ ~ 55~ at 3 10! • 3 Nam of legal owns f premises BusinessJstreetoddress City State Zip Daytime phone C' b~ Net t-, ¢.: •~ ~~'Coiu ~+. - ~ N S5 ' ,., Name of lessor ('~f same as le a! BusinessJstreet address ~ Daytrne phone City State Z owner, write in "SAME") Check ('~) all activities that veil{ be conducted lPuB-tabs /Puli-tabs with dispensing device Tpboards Paddlewheel ,Paddlewheel with table Bingo rBar bingo Pull tab, Tipboard, and Paddlewheel Rent (iVo lease required for taffies.) Booth operation -sales of garnbUng equipment by an employee licensed organization wftlitn a separate enclosure f Bar operation -sales of gambling equipment within a leased premises by an employee of the lessor fmm a common area where a {or volunteer) o s where food and bevereges are sold. f food and beverages are also sold. _....__......~ ~ r ~ ~ rom area that is distinct r' ~ ~ ~ ~ other ornanization conduct gambting OR an ti ~ i y { n z° toes yS? +,s_r nrgBn from a booth operation at this location? Yes ,~.,. No _...._.. ~ .._. _ ~ ~ ~, .._- -- L _.._ .._. ^. ~ .~ ......... _.._ _. _... ~. _..... _.._ Ifyou answered Y@S to the question above, rent limits are . ~..._ If you answered Ill? to the question above, rent limits are based on the foifiowing combinations of operation: based on the following combinations of operation: - Booth operation - Booth operation and pull-tab dispensing device - Sat operation - Sat operation with puq-tab dispensing device - Puil-tab dispensing device only - Booth operation and baroperation - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total eremonth fort aU organizat ns at this premfses~00 in total p per month for ail organizations at this premises. COMPLECEONEOPRON: Option A: 0 to 10°~ of the gross profits par month. COMPLEFEONEpPTION: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage tc> be paid Option B: When gross profits are $4,000 or Eess per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 to $200 pet month may be paid. Amount to be paid $ $400 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month an the first $4,000 of grass option C: $0 to $200 per month on the first $1,000 of grass profits. Amount to be paid $ .Sa . bo . profit. Amount to be paid $ Plus, Q% to 10°Jo of the grass profits may be paid per month on % Plus, 6% #a 20°to of the grass profits may be paid per month on 000. Percentage to be paid ~~% gross profits over $1 gross profits aver $4,000. Percentage to be paid , Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful Opion F; No rent may be paid for bingo gambling activities held during bingo occasiort5, excluding barbingo. conducted in a bar. Percentage to be paid Option E: A rate based on a cost persquare foot, not to exceed New Bingo Aeti,-ity er square Footfor leased space, as ble cost r f p a a compa 110% o approved by the director of the Gambling Control Soard. Na rent maybe p,~ any new bingo activity not previously paid for bar b'snga. Rate to be paid $ per square foot The lessormust attach documentation, verified by the organisation, to included in a Premises PermitAppfication, attach a separate sheet of paper listing the confirm the comparable rate and all applicable costs to be paid by the days and hoursthat bingo will be conducted. organization to the lessor. 57 LG215 Lease for Lawful Gambling Activity s/o~ Page 2 of 2 Lease Tenn The term of thus cease agreement will be concurrent with the premises perrrrtit issued by the Gambling Control Board (Board}. Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will ndt partidpate as players in the conduct of (awful gambling an the premises. Illegal tsambling • The lessor is aware of the prohibitio~lt agalnst_tilegalgimbling in Minnesota Sbtutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subparf<3. In addition, the Board may authorize the organization th withhold rent for a period of up to 90 days if the Board determines that illegal gambling ocarrred on the premises and that the lessor or ifs employees partidpated in the igegat gambling or tmew of the gambling and did not take prompt action to stop the gambling. Contlnued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as auti~orized by Minnesota Statutes 349.18, Subdivision 1(a). • To the best of the lessor's knowledge, the lessor affirms that any and alt games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the orgaatzatian or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited cry Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the wnduct of illegal gambling activity at this site in whiclt the organization did not participate. Other Prohibitions • The lessor will not impose restrictions on the organization with to protiders {distr~utors} of gambling-related equipment and or in the use of net profits for lawful purposes. The lessor, any petsan residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor w~i not require the organization to perform any action that would violate statute or rule. The lessor must not modify ar terminate this tease in whole ar in part due to the lessor's violation of this' provision. If there is a dispute as to whether a violation occurred, the lease wt~l remain in effect pending a final determination by the Comp~ance Review Group (CRG} of the Gambling Control Board. The lessor agrees to arbitration when a violation of ibis provision is alleged. The arbitrator shalt be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and caw enforcement personnel have access to the permitted premises at any reasonable time during the business hats: of the lessor. The organization has access to the permitted premises during anytime reasonable and when necessary for the conduct of lawful gambling an the premises. tessorrecords The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-i/2 years. Rent aN-inclusive Amounts paid as rent by the organisation to the lessor are all-indtsive. No other services or expenses provided ar contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and leaning services, snow removal, lawn services, etedridty, heat, security, security monitoring, storage, other utilities or services, and in the case of bar opetations, cam shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Conkrol Board. Rent payments may not be made to an individual. Changes in lease If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at least 10 days before the effedive date of the change. If a change in ownership occurs, the organization wi8 submit an amended lease, to the board within 10 days after the new lessor has assumed ownership. Ac[cnowiedgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that aR obligations and agreements are contained in or attached to this lease and are sub}ect to the approval of the drrectar of the Gambting Control Boarld n ~ ~ (1t~5~ t„~il+< OVI..~.r ~y55ar-t ~~ t-LSSbYS i^t,~,~,~'~. G. 3a- R Other terms ...~. .... Print name and titte of lessop' Pnnt name an~ue of lessee Walter ~. Fehs C ty Manager t'Y1.._k '(' tl~c.' _-., l~L:....G ~.__ ~:... rll7? ` `" ` ` ` - _- -~` '" ~ le'ssee's business address ~30 i (~ ~ ' .~ . Ouesttons2 Contact the Ucensing Section, Gambting Control Board, at 651-639-A000. This publication will be made available in attemative format {i.e. large pr€nt, Braitie) upon request. The information requested on this Corm w-a necome punuc inrom7atton wnen received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 58 4T) I I i _.~... ~ I I,. ~I ~ a~ I ~! (~ 1 II ~ ~ ~ ~ ~~ ~;' r~ ~ 1_.. ~r I_.' J ~ ~_ .. ~ ~- ~ _, ,- o ._ ~~.. `~ _._. _-- //!Q C-ies 6.! 1 , v I ...... __ v ..._..I.. ~ ._.._ . _ I _.. _ _.__.__ ._.. ....1...... i ; I V" ° i ~b ° o o ° ~..... '. _. _..~ 1 1 O._._. i.. _. I .... ~.-_...... 1 I i I t I ~ ( ; 1 1 1 I i I ! = I 1 ; I N ..I..:.... 1 I I f I aT I ~ ! I I 1 I : I.._ ~ p I I 1 1 I 1 I i ~ . I ; i 1 1 1 I' ~ I I I 1 1 I I I~~ _ _ r f I I I i 1 1 1 ; '. 1 L_~ i 1 I I I I i J i I I I i i I~ _ e i I I I i 1 J! t I I ; i I { I I I I I i I ! I I I i I i I I 1 I I : 1 1 I I I I I I 1 ._ ..i t 1 1 ( I I I 1 r......... _.{ 1 I I 1 I I I I : I I ! 1 I 1 I 1 I i ,,,_ i I I I 1 I I I I i _ _...1 I I i I f I I i I c 1 1 1 ( i I I i 1 S ~ 1 1 1 C 1 1 1 I r t ~ I t i i I 1 { j t t I i i I i...' II.. ~_ _ E f ~ I i ! I 1 t {r i ~ 1 ! 1 f i (f''` .I ! I i I 1 I i i i I ' ! S I 1 t f I I f i I j r, t 1 1 I ! 1 1 i ___ I ° _.._ ..., I _' 1 1 1 I" kr[( t`J - "I ttt )) 1 I I i I 1 I I `~,I I I i I I f i I I j I I t I i i ! I I I I I i ~ I I I ! 1 I ~,,.m.. I ~~' - 1 I 1 I i I I I 1 I ~ : I I ! 1 7 I I 5 ... I I I i 1 I I I I i 1 ; I ~~ 1 1 i I ~ I f" " "" I 1 t I ~ • i' I 1 ~ I I I i I I 1 t I I i i : `~ I 1 I I I 7 1 ' I I 1 I 1 I 1 I i I ~~~\ i. G .J j i 1 1 i I I i TII I 1 I I f I ~ ~ I I 1 I I I `t I I I 1 I 1 ! I I I I 1 I I I 1 i I I 1 i I I 1 I I f ~ 1 I t :..__L_.__._:.......~.___ ................ ... A._...1...,,..._,..__„._1_._..1...__3..___........... ...t..._i_... _I..... _. .._ _ L......_._.......: +I :I t ~ ~~~ _...__... ~~ 1 ! I i ! 1 i i t I I I ~ ~, ~ t 1;11 . ___ .: U1J~'.i1Ll-1,11,1111.11111.,:.::.. ~~ i ..`~ ~%"" 1`~ y (I I e-; J 'I III ~~ '; _ I i I ~": ~n3~ -:-, ( ~ LL _`.~,5~~.~~ law.»a s'. a\~.~~ it ~ t 1 ~'t _ 59 ~ ,_ ~~ .. III`,~~` 60 Minnesota Lawful Gambling slo7 ^ .~na ~ ~ .. i.... 1 .~urF. t)1 1'::~re~hlir~n ©~_t1V%'I'V Page i of 2 } ~7l..1J trGQa7G ~V~ vw*~~w^ vrau.w..... - - - - Che applicableitem: 1. Lease for new application. Submit with new premises permit application. 2. Renewed #ease. Submit with premises permit renewal. ~3. New owner. Effective date / / Submit new or amended cease within 10 days after new ~ssor assumes ownership. ~4. Amended (ease • Check the change(s) in the lease: Rent -Premises name lBoothlbar Activity change Other • Datetha#changeswillbeefteckive / 1 * Both parties must initial and date ail changes. • Submit changes at least i 0 days be#ore the effective date of the change. Da me hone ganization name Lkense number yti P r O // ^ lot i l ~ •g t~+''`~,~5 ?t.3 'iDb 3'1 Name of leased pram' s '"" ° Street address City State Zip Daytime phone -~ b,0. ~ 55yZ cf,~ ~~3 State Zip Daytimephone Name of legal ow r of premises Business/s#ree# address City ClL3~'iob- L' ~ Ca~ww.~ ~ M 55 Ci-f- of ~oi~w. . Name of lessor p# same as I 1 Susinessistreetoddress CBy State Zrp Daybme Phi owner, write in "SAMt~ Check (~) all activities that wiif be conducted -Pull-tabs /Pult-tabs with dispensing device Tpboards -Paddlewheel rt~addlewheel with table ,Bingo -.Bar bingo Puff-tab, Tipboard, and Paddlewheel Rent (No lease required tar raffles.} Booth operation -sates of gambling equipment by an employee Bar operation -sales of gambling equipmenk within a leased lunteer) of a licensed organization wffhin a separate enclosure premises by an employee of the tensor from a mmmon area where (or vo r _... _ ~ that is distlnct from areas where food and beverages are sold. food and beverages are also sold. ~ ~ gambling ~ ~ .r r ^ .~ ~ ppeg yQjm ora^niz^tian OR ,,~nyLother araaniz_ to ion condgcL / h from a booth operation at this location? _ Yes ~ ^ ` ^ _ ^ ._._ _._. ~ ^ .... J ._. ~.__.~_~_r..._.~_..___._._.~.~_ __..__.._ Tf you answered'y@S to the question above, rent limits are If you answered 110 to the question above, rent limits are based on the following combinations of operation' based on the following combinations of operation: - Booth operation - Baroperation - Booth operation and pail-tab dispensing device - Baroperation with pull-tab dispensing device - Booth apetation and bar operation - Puii-tab dispensing device only - Booth operation, bar operation, and pulE-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500•in total per month for all organizations at this premises. per month for iii organizations at this premises. COMPLECEONEOPTION: COMPLErEONEOP'iION: tion A: 4 to 10% of the gross profits per month. Option A; 4 to 20°l0 of the gross profits per month. O p Percentage to be paid °~ Percentage to be paid Option t3; When gross profits are $4,000 or less per month, $0 to Option i3: When gross profits are $1,000 or.less per month, $D th $200 Per month may be paid. Amount to be paid $ $406 per month may be paid. Amount to be paid $ O lion C: 0 to $440 er month on the first $4,000 of gross Option C: $0 to $200 per month an the first $1,000 of gross p $ P profits. Amount to be paid $ ~iO__.-. °~ profit. Amount to be paid $ Pius, 0% to 10°!0 of the gross profits may be paid per month on Pius, 0% to 20°k of the gross profits may be paid per month on 000. Percentage to be paid __ t~~% % 9ro~ Profits over $1 , gross profits over $4,000. Percentage to be paid Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawfut Option i:: No rent may be paid far bingo gambling activities held during bingo occasfort~, excluding barbfngo. conducted in a bar. Percentage to be paid Option E: A rate based on a cast per square foot, not to exceed NeW Bingo AGtiVity arable cast per square foot far leased space, as om 10% f p a c o 1 approved b1'the director of the Gambling Control board. Na rent maybe Par any new bingo activity not previously paid for bar bingo. Rate to be paid $ per square foot. The lessor mustattach documentation, verified by the organization, to included in a Premises PermitAppiiration, attach a separate sheet of paper listing the confirm the comparable rate and iii applicable casts to be paid by the days and hours that bingo wilt be conducted. organization to the lessor. 61 ~ .--n~ r ~ ...,~.. F.,r t s.~~~ 1l [~atmhfinty ACfiV(~V 6/07 Page 2 of 2 Lease7erm The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited ~ The owner of the premises or the lessor witl not manage the conduct of gambling at the premises. Participation as Players Prohibited The {essor, the lessor's immediate famify, and any agents or 9 theiconduc~tlof luwfuol thgae l~essorowillthn ppartiia"pate as players Illegal Gambling • The lessor is aware of the prohibftio~ti against ~~egal gambling in Minnesota Statutes 609.75, and the penal~bes for illegal gambling vfolat}ons in Minnesota Rules 7865.022fl, Subpar~3. In addition, the Board may authafize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambiing occurred an the premises and that the lessor or its employees partidpated in the i{legal gambiing or knew of cite gambling and did not take prompt ac#ion to stop the gambling. Continued ten of eat during the ' organization is authorized without paytnen time period determined by the Board far violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision i(a). • To the best of the lessor's knowledge, the lessor afftmts that ' any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making t ent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, cx~nducted at this site, that is prohibited by Minnesota Ruses 7861.0260, Subpart 1, item ti ar Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or focal law enforcement authority ar the Board, the conduct of iHeg~ gambling activity at this site in which the organization did not partidpate. ether Prohibitions • 'fie {essorwill not Impose resMdions on the organization with respect to providers (distributors} of gambling-related equipment and servia~s or in the use of net profits for lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessors immediate family, and any agents ar employees of the lessor wry! not require ifte organization to perfomt any adiort that would violate sbtute or rote. The lessor must not modify or terminate this cease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the tease wIl remain in effect pending a final determination by ttte Compliance Review Group (CRG) of the Gambling Control Hoard. The lessor agrees to arbitration when a violation of this provision (s alleged. The arbitrator shalt be the CRG. p ba permitted premises The Board and its agents, the cammis~oners of revenue and public safety and their agents, and taw enforcement personae! have access to the permitted premises at any reasonable time during the business hour. ofthe lessor. The organization has access to the permitted premises during any time reasonable and when necessary for theconduct of lawful gambling on the premises. Lessorrecards 'fie lessor must maintain a record of ail money received from the organization, and make the record available to the Board and its ages and fhe commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-iJ2 years. Rent a!t-inclusive Amounts paid as rent by the organization to the lessor are aft-industve. No other services or ex~nses provided or contracted by the lessor may be paid by ttte arganizatIbn, induding but not limited to trash removal, )anitorral and deaning servkes, snow remove{, lawn services, elecbfdty, heat, security, security monitoring, storage, other utilities or services, and In the case of bar operations, cash shortages. l aced premises must be approved by die diretidztr of the Gambling a Canbnl Board. Rent payments may not be made to an htdividuai. Changes in lease If the lease is amended with no change in ownership, the organization wifl submit the amended lease to the Board at least 10 days before the effective date of the change. If a change in ownership occurs, the organizaton will submit an amended lease to the Board within 10 days after the new Lessor has assumed ownership. Acknowledgment of Lease Terms I affirm that this lease is ilia total and only agreement between the lessor and the organization, and that alt abiigations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board Other of lessor pate Print name and title of lessor ~ ~ ' Pdnt Hama anr~ae as Lessee r ~ Walter R.~ ehst, C :ty Hager mr.,.-k _~ v(L5G c~ . ~~ '~'~ Q'~ ~tttu +V~, - Le'ssee's business 53n m;tl n..u~w..nc9 mnrarfi P ! tcensino•Sedion. Gambling Control Board, at 6S1.639-4000. T'hls puhlkatlon will be made available In .._ aitemative format (i.e. large print, Breitie} upon requ e n mta an requ received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambing activi8es. 62 8'I ~ ( ~ _.~ ~~ ,~ r w !, - :- d'~ ~ - (- - --' i ~t a _ ~--- ~ 1~. ~ „1 \/ ~ E t .~. .I ~~~~ ~~ _ S} (/ } I _~}'I ....... .... i} I / \ _,.~ .-,_:_::::: ~_"~'-ee.: ~p ~ 11 ,,_ __ _ tt. 1, ~ I!_. ~ ~ ~ 1 ~.r i `~. iV m O O [//~ I I 1 h/ ' ~ l i I I r _ ...4._ ..-E I f ~ t ~ I i t I I I r I i o I I I 1 i I ~ I '-..- ~- ~ i I I I 1 ~ 1 1 I I r I _...~~ ~_ i I 1 I I ; . .__ _I { 1 1 I 1 I I ~ 1 1 I 1 1 I I I-....... ~ , I 1 t 4 1 1 1 I 1 I 1 I I - i 1 1 1 I I I 1 I 1 1 f 1 1 I 1 1 I 1 I i I ._ _ I I ~ 1 1 i I ; r_ ...... _. _ 1 1 ~ I 1 1 I I I 1 1 i 1 I I i _, = I I I 1 1 ( I I _ . 1 I 1 ~ I I 1 t I ~ ~ 1 I 1 I I I 1 I 1 I ~ I t! ~~~-- I , i I I I 1 f I I I I I _ ~ I I 1 I 1 i ( I i I i I 1 1 1 1 i 1 i I I . -I ~ I 1 I I I t I f I i I I 1 1 I 1 I I 1 1 1 1 I I I , _ 1 ~'~-'_ i 1 1 I 1 I i I i I I , i C' I 1 I I 1 I 1 1 I 1 I I = I 1 1 I i I t I i I i ... ...... i( 1 I I i i t i 1 1 I ...._ -_! I 1 1 1 t i I ~~~ ~o ... I j ___~ ! __.~ j~__~i ~ t_. .. _..~ r.. -- .. ! i.`. I i 1 `' 1 1 ~1 I IT I ; 1 i I ~ ;~ ~ ~.... I 1 I I I ` 1 i i ~, 1 I i I I I i I 1 1 I I I I I I I 1 l.. _. _ _. . i I j ~~ ~~1 I I i ~ 1 I ( i 1 1{ 1 1 1 I 1 1 1 I i I 1 1 I I I 1 I I I .. ~ 1 1 1 1 1 I i ~, I ~~' f 1 I 1 1 1 I i 1 I I i 1 I Y. _ ,...... I I ~~ I I 1 1 1 1 I l 1 ' I I I i I 1 I l 1 f 1 i 1 /` (~ I 1 I 1 1 1 1 l I ~ I 1 1 1 1 I 1 1 1 4 I 1 I 1 l I t I i ~ ~\ ` ._ 1 I 1 I I I t 1 i I I I I I 1 O 1 I 1 I 1 I I 1 I I i I O 1 I 1 I 1 1 1 I I I I 1 I I ! I I I i I ~ i I 1 I 1 I 1 I ( I i ~ I __.1..._J...___._i_.J__L~_._J........L.,... L,,._........_. .. . ,y_. I....__i~... ....,_._t_....___....... C b L L L L L A ~+ - i-+1 ... . ........... 1 I ! I I 1 1 1 t 1 1 t ! L __ ~,; l'~ O ~_~~ a~.. I_~i 64 Pay: Two Hundred Fifty And 00/100 GITY OF COLUMBIA HEIGHTS nnenno INVESTIGATIVE FEE --°0 2 3 i~8 3--° E.0 9 kOOD i 3 2E: 500~~~ ~o io--° 65 DOLIARS '-a ~~~ ~~ ~~~ ~~~ November 8, 2007 Athletic rs 530 Mill Street N. E. Columbia Heights, MN 55421 City of Columbia Heights 590 40t~' Avenue NE Columbia Heights, MN 55421-3878 RE: Application to conduct Lawful Charitable Gambling At Sarna's Tobacco Store To Whom It May Concern: The Columbia Heights Athletic Boosters Club respectfully request approval by City of Columbia Heights to conduct Lawful Charitable Gambling at Sarna's Tobacco Store 4329 Central Ave in Columbia Heights, Minnesota. The Athletic Boosters will place dispensing machines and conduct pull-tabs during regular business hours of operation. Monday -Friday 6:30 a.m. - 9:00 p.m. Saturday $:00 a.m. - 9:00 p.m. Sunday 9:00 am - 7:00 p.m. I've enclosed a listing of board members, floor plan, and a copy of the lease agreement entered into by Sarna's Tobacco Stare and Columbia Heights Athletic Boosters Club. A check of $250.00 is included to address investigation fee. If you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (763) 742-3635. Sincerely, ~•fr Aurora Johnston Gambling Manag r 66 Columbia Heights Athletic Boasters Board of Directors CEtJ: Mark Joseph Vescio 7/12/67 President: Marsha Ann Stroik 12/15/53 VP: Sandra Kathryn Bornetun 1/24/58 Secretary: Karen Schultz Treasurer: Carole Ann Holmes 4116/64 ]Directors: Katheryn Ann Mayer 9!27/45 Jeri Lynn Cole 8/3/63 Bob Surbrook Bab Prois 67 Minnesota Lawful Gambling s~o7 LG215 Lease for Lawful Gambling Activity Page 1 of 2 Ch ck applicable item: ~1. Lease far new application. SubmR with new premises permit application. 2. Renewed lease. Submit with premises permit renewal. ~3. New owner. Effective date / / Submit new or amended lease within 10 days after new lessor assumes ownership. 4. Amended tease _ • ChecK the changes} ~ the lease: ,Rent -Premises name ~Boothlbar Activity change Other • Date that changes will be effective / / • Bath parties must initial and date all changes. • Submit changes at least i 0 days before the effective date of the change. Or anizatianname License number Daytbne phone t ~ ~~(D Name of lease premises Street address City State Zip Daytime phone 1 -}~ C..ol ~,~ ~ ~ ~b3 ns Name of Segal owner of premises Businesslstreetoddress City State Zip Daytime phone ~~ Name at lessor tf same as Iegai Businesslstreet address City State Zip Daytin~ phone owner, write in "SAME"} Check (~) all activities that will be conducted -Pull-tabs Pull-tabs with dispensing device ~Tipboards - PaddlewheelPaddlewheel with table _.,_Bingn ~-Bar bingo Pull-tab, Tip60ard, and Paddlewheel Rent (No tease required for taffies.}` Booth operation -sates of gambling equipment try an empfayee Bar operation -sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r __.. ~ ~ t)oe; y,Qur ar nizatiat}_{~t-y other organization coed t gatnbting ~, ~ L _ _ ~ _ ~ _ firom a booth operation atthts location? _ _ Yes IVo _ ~ r ~. _... _ _ ~ ~ !f ynu answered yes to the question above, rent limits are if you answered t'1U to the question above, rent limits are based on the following combinations of operation: based an the following combinations of operation: - Bnoth operation - Bar operation - Booth operation and puA-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Puil-tab dispensing device only - Bnnih operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. per month for all organizations at this premises. COMPt.EfEOtitEOPT30N: CONIP't.Ei£ONEOt"TION: Option A: 0 to 10°k of the grass profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid Option B: When gross profits are $4,000 or Jess per month, $0 to Option B: When grass profits are $1,000 or less per month, $0 $d00 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month an the first $4,000 of gross Option C: $0 to $200 per month on o~ first $1,000 of gross profit. Amount to be paid $ profits. Amount to be paid $ Plus, 0% to 10% of the gross profits may be paid per month on $4 f t 004 P t b id % Plus, d% to 209'° of the gross pro its may be paid per month on ross rofits over $1 000 Percent t b id ~~% gross pro s over , ercentage i . o e pa p , g . age o e pa Bingo Rent Bar Bingo Rent Option O: 0 to 10%of the gross profits per month from ail lawful ' Option F: No rent may be paid for bingo gambi mg activfties Meld during bingo occasions, excluding bar bingo. conducted in a bar Percentage to be paid . Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as I~IeW -Bingo ACtlVity approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. Far any new bingo activity not previously The lessor must attach documentation, verified by the organization, to Included in a Premises PermitAppiication, confirm the comparable rate and all applicable costs to be paid by th e attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. 68 LG215 Lease for Lawful Gambling Activify Lease Term The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Gontrol Board {Board). Management of Gamibl`mg Prohibited The owner of the premises or the lessor wiH not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor the lessor's immediate family, and any agents or gambling employees of the lessor wip not participate as players in the conduct of lawful gambling on the premises. illegal Gambling • The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that ipegal gambling occurred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision i (a). • To the best of the lessor's knowledge, the lessor affirms that any and a!I games or devices located an the premises are not being used, and are not capable of be#ng used, in a manner that v"rotates the prohibitions against illegal gambling in Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms 6f this lease, if the organization or its agents are found to be solely responsible for any iiegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part because Lhe organization reported, to a state or Eocal law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. 6/07 Page 2 of 2 Other Prohibitions • The lessor wilt not impose restrictions on the organizatiron with respect to providers (distributors) ofgambling-related equ"rpment and services or in the use of net profits far lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or ruse. The lessor must not modify or terminate this lease in whale or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determinatiat by the Compliance Review Group {CRG) of the Gambling Control Boats. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shat) be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the bus9ness hour. of the lessoe The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling an the premises. Lessorrecards The lessor rrrost maintain a record of all money received Pram the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The retard must be maintained for 3-1l2 years. Rent a11-inclusive Amounts paid as rent by the organization to the lessor are all-inclusive, No other services or expenses provided or contracted by the lessor may be paid by the organization, including trot not limited to trash removal, janitorial and cleaning services, snow removal, fawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If the base is amended with no change in ownership, the organzation will submit the amended lease to the Board at least 10 days before the effective date of the change. if a change in ownership occurs, the organizaton will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. Acknowledgment of Lease Terms 1 affirm that this cease is the total and only agreement between the lessor and the organization, and that ail obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Contra! Board. 1`~ Other terms~~S~P~.~.~. ~ ~ i~t'7jJi r~t ~~",_~.__.~+I~K1~U'S_--_r~fir-FS~ . Q .~- C~~, , i nature of lessor Print name and title of lessor Date afore of organizaf offidal (lessee) ~ Date name fCsy- ns?'~Con[act the Licensing Section, Gambling Control Board, at 651-639-4000. This publication will be made available iFf e formal (i,e. large print, BralNe} upon request, The information requested on ties form will become public information when by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawrul gambling activities. 69 Sarna's Tobacco Sore 4329 Central Ave Counter Area r 0 U_ Pu11-tab Fnirv Dispenser 70 CITY OF COLUMBIA HEIGHTS y 'TWO 51GNATURES REQdiRED 'r r ~ i VQI}~1P ~OT CASHEQ {N1TH}N 90 DAYS ~ l N MEMO INVESTIGATEON FEE -__~ _ nr 11'0 2 3 L9 3u. f:O9 X000 k 3 2E: St1O~~~6O kO11' 71 CITY COUNCIL LETTER Meetin of November 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Premises Permit Renewal/Application BY: William J. Roddy BY: NO. Gambling License for VFW Post #230 DATE: 10/31/2007 DATE: BACKGROUND The VFW Post #230 has submitted a Minnesota Lawful Gambling License Renewal Application for their site at 4446 Central Avenue NE, Columbia Heights, Minnesota. In addition, they have submitted a copy of the floor plan and the $2501icense fee. The renewal would permit charitable gambling on the premises at this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B Charitable Gambling Permit for VFW Post #230, 4446 Central Avenue NE, Columbia Heights, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. kao 07-190 COUNCIL ACTION: 72 c~~u~~~a He~~n~s v.F.vv. Posh 23® Charitable Gambling Office 4446 Central Avenue Northeast, Columbia Heights, MN 55421 •763-788-8602 October ~ $, 2007 Karen Olson, Chief Secretary City of Columbia Heights 590 40~' Avenue NE Columbia Heights, MN 55421 Re: Resolution from City of Columbia Heights Dear Ms. Olson, ~ECE~~vED ~~i..~ yl:::.-. ;~;~~ 1~H7~ PaLl~~ ~~~~RT~~, Our gambling license is up for renewal, and we need a resolution from the City of Columbia Heights to comply with the licensing requirements. Enclosed is a copy of our license renewal application, along with afloor plan/diagram, and a check for $250.00. If you require further information or documentation, please feel free to call. Respec ly, 4~~~~ Sohn Brodie Gambling Manager 73 License # : 12 Organization: VFW Post 230 Due by: 12/31J2007 Important New License Renewal Application Information Enclosed: 1, Lawful Gambling License Renewal application (LG200R) which includes: Organization, Gambling Manager, and Premises Permits} license renewals cambined in a single document. 2. Lease for Lawful Gambling Activity (LG215} one copy is pravided and your organization may photocopy additional if needed. 3,. List of your organization's Active. Registered Emploes (if applicable) Return only if updates to the information are necessary 4. Bingo activity report if your organization conducts bingo 5. Lawful Gambling Expense. Calculation (Worksheet EC) 6. Eorm (LG204C) - 50i(c)3 and 4 festival organization worksheet for eligibility to transfer fund expenditures for program services (under A-1) Pram organization's gambling account to its general account. Return to GCB: -Signed license renewal application, -Qne check payable to the State of Minnesota far the cambined total of all renewal fees -A lease far eac ite that is not owned by the organization, and -A resolution of approval, on a farm pravided by the local unit of government, far each site your organization is renewing. -Expense Calculation Worksheet only if the organization's 12th or list month figure is negative, -f=orm LG200C if you qualify and plan to transfer funds from your gambling fund to your general fund under A-1. (if applicable), and -Return the active registered employees list only if updates are necessary Organizakion Renewal App Coverletter: Report 74 ~~ Minnesota Lawful Gambling Gambling (LG200R) Lawful Gambling License Renewal Application ~CpntmS Corrections should be made directly an this application Submit one check far all renewal fees, payable to State ofi Minnesota Organization requirements: - Current license term: 3/1/2006 to 2/29/2008 1. An annual organization license fee of $350 is required. Renewing license term: 3/1/2x08 to 2/28/2010 Authorization #: 1,2 {Arganization: VFW Past 230 (763)788-8602 4446 Central Ave fdE, Columbia Heights, MIV 55421 County: Anoka CEO: LeRoy William iCnealing 4024 5th St NE, Columbia Heights, MIV 55421 Treasurer: Quane Running 5048 4th St NE, Columbia Heights, MN S5421 (763)572-3760 (763)788-3932 U ~ Check this box If your i organization qualtties for ! the waiver of the $350 organization license fee defined In MN Statute L ~ 349.16 Subd~6 , ,J Annual Goal far Charitable Contributions 45 Gambling Manager Requirements: 1. An annua! gambling manager license fee of $100 is required. . Gambling Manager Authorization: GM-00012-004 Current License Term; 3/i/2006 to 2/29/2008 Renewing license term: 3/1/2008 to 2/28/2010 john Robert Brodie [] The i ndividual listed is not renewing their {icense. we have enclosed a LG212 160 Gibraltar Rd NE, Fridley, MN 55421 application for the new applicant. (763)572-8753 Bond: # 37BDDAG6395 dote: The gambling manager duties may not be assumed by an Individual until they are Ncensed by the Minnesota Com an Post Insurance Pro ram p Y' g Gambling Control Board. Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime 12. I am trot involved directly or indirectly as a bingo hall owner, involving gambling. manufacturer. ar distributor. 2. I have never committed a violation of law or Board rule 13. I am not the chief executive officer of this organization. that resulted in the revocation of a license issued by the 14. I am not the treasurer of this organization. Board within five years before the date of the license iS. I was not an officer of an organization at a time when an application. offense occurred which caused that organization's license to be 3. I have never been convicted of a crimina} violation revoked. involving fraud, theft, tax evasion, misrepresentation, or Background Check. By signature of this document, the gambling. undersigned authorizes the Departments of Public Safety and 4, I have never been convicted of {i) assault, (ii) a criminal Revenue to conduct a criminal and tax background check or review vialatian involving the use of a firearm, ar {iii} making and to share the resu{ts with the Gambling Contra! Board. Further, terroristic threats. I understand, agree, and hereby irrevocably consent that suits and 5. I have never been, ar am T now, connected with or actions relating to the subject matter of this gambling manager engaged in an illegal business, license application, or acts or omissions arising from such 6, I have never had a sales and use tax permit revoked by application, may be commenced against me ar my organization and the commissioner of revenue within the past two years. I wilt accept the service of process in any court of competent 7. I have never, after demand, failed to file tax returns jurisdiction in Minnesota by service an the Minnesota Secretary of required by the commissioner of revenue. State of any summons, process, or p{eading authorized by the laws 8. I do not owe $S00 or more in delinquent taxes as defined of Minnesota, in section 270.72. Failure to provide required information or providing false or 9. I have been an active member of the organization for at misleading information may result in the denial or revocation of the least two years at the time of our organization's initial license license. application, or have been an active member for at least the Changes in the information submitted in this application will be most recent six months prior to the effective date of our submitted in writing no later than 10 days after the change has organization's license renewal. taken effect, 10. I am not a gambling manager or an assistant gambling manager for another organization. il. I am not a lessor, a member of the lessor's immediate family or a person residing in the same household as the lessor, or an employee of a Eessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling, 75 License Number: I.2 License Expiration: 2/29/2008 Chief Executive officer's Acknowledgement and ©ath I declare that: I have read this application and all information submitted to the Board. Ail information is true, accurate and complete. All other required information has been fully disclosed.. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of ail gambling activities to be conducted. I will familiarize myself with the caws of Minnesota governing lawful gambling and ruses of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required information ar providing false or misleading information may result in denial or revocafiion of the license. A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. I have read this application and declare that all information submitted is true, accurate, and complete. ~ ~ ~ ~~~~ Signature, n ink, of chief executive officer ......e ................................................................................. Mali complete renewal application (all pages), and one check made payable to the State of Minnesota for all renewal fees 1,y: ~,2 J3~ j20~7 to: Gambling Control Board ; 1711WCoRdB#300S ; Roseville, MN 55113 Licensing Contact: Kim Larson ~ . Email: kim.larsson@geb.state.mn.us Phone: (651}639-4072 , Fax #: (651} 639-4032 .. The information requested on this form (and any attachments} will be used by the Gambling Control Board {Board) to determine your qualifications to be involved In lawful gambling activities in Minnesota, and. to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the informafiian requested; havJever, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to Issue you a 8cense: If you supply the informaCwn requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you unt31 the Board issues your license. When the Board issues your Iicerise, all of the information that you have provided to the Board in the process of applying for your license will become public except forybur Social Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which wlil remain public. . Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regutatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federai.law to have access to ttre information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this (Notice was given; and anyone with your written consent. Organizatlan Renewal App: Report 76 Date: l ~l~ i 17 l~~ License Number: 12 License Expiration: 2/29/2008 Premises permit requirements: 1. An annual premises permit fee of $150, 2. A separate resolution of approval including the site , address from the }ocal unit of government, {The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement far each site your organization does not own is required. ..__..._~.___._._w._........y,.,.~.,,.,..~.___.~.____.._.____~...,_..__~_._._.,...~__~___~.__.._, Site number 001 i Check this box if this site has been discontinued or will not be renewed. VFW Post 230 4446 Central Ave NE, Columbia Heights, MN 55421 Anoka County Township of (if applicable} Gambling account # 5004700 Organization owns this site: Y Northeast State Bank of Mpis 3989 Central Ave NE, Does your organization conduct bingo at this site ~ N - _ Columbia Heights, MN 55421 Is the local resolution of approval attached?~/ N If yes, the attach a list of the days and beginning times of your bingo activities.; ~«rU~ : z ~d ~ ~ ~~ ~~ft1 ~-~~.ys 77 m w~~:~~ a~~'j~t S~KA ~ ~` ~ ch~~.~~'a~~~ GoE~sc~ ~~ ~~~ ~D~ 30` r (ice ~.cm b ~ /~ ~'l ~. ~ ~ ~tT.G 1 ~2 t~ 7$g-86oa. ~i-ooota... ~rvTltflNc~ 1~(~it. ~.vo-~-. '~w ~t -tom ~3dof5 70 ~~~~~~ a m .;, ,. } .: .. y - . • ._.~.__...___._.~.~_______......_.._....-~_.....__.._..---___w - - -. ,~..__......._ _. _. __ .__ _ ... _ ..... ._ i7-7s~s~o DATE INVOICE AMOUNT COLUMBIA HEIGHTS POST N0.230 V.F.W. CHARITABLE GAMBLING ACCOUNT i763) 7'88-8soz 3 5 0 6 3 4446 CENTRAL AVENUE NE. COLUMBIA HEIGHTS, MN 55421 CHECK //~"" IY(,(~ ~•~''~~~, DQLI..ARS AMOUNT PAY G • p-~Q', TOTHEO F •DE5CAIPTI N... ..CHECK NO. -q COLUMBIA HEIGHTS POST No. 230 V.F.W. ti ~~ ` 11.0 3 50 6 311' E:0 q 1000 i 3 2i: 500~~~ 4 ?OOu' RESOLUTION N0.2007-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, Resolution No. 2004-23 reads as follows: BE 1T RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Sectiari 5,501, 5.503, 5.504, S.SOS, S.S46, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental ar lease payment in excess of $1,000 per month, which payment shall be inclusive of any and all allowable expenses as defzned and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, ar credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anvthin~ to the contrary herein an existing Class A or Class B licensee shall pay a license fee of $2S for any event, of three days or Iess to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violations{s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE 1T RESOLVED that this resolution shall take effect on April 26, 2404, and shall replace Resolution 1996-46 and Resolution 1488-41. Resolution 2004-23 is hereby amended to read: RESOLUTION N0.2007-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLWG 8E 1T RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.546, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; so 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3, The organization wishing to gamble has been in existence in Columbia Heights far not less than ten years; 4. The organization wishing to gamble is a bona fde club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment, ' ~ Q' ,""" r. "t'', ",'';^~' r.,;.,Y,~k "'"'" ''° inclusive of any and all allowable expenses, a°~~°~' °^~ in excess of that amount as set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, ar credit, of any kind, other than as set faith above; shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. An l~e~ae investi~afiion fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. ~,-iEenfi? Investigation fees shall not be prorated or refundable. Not withstanding anything to the contrary herein, an existing Class A or Class B licensee shall pay a-~ie an investigation fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 23, 2007, and shall replace Resolution 2004-23. Passed this 23`d day of April 2007 Offered by: Diehm Seconded by: Kelzenberg Roll Cail: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg Attest: ~'" ~. `r ) ;' Patricia Muscovitz, CMC ~,, Deputy City ClerklCauncil Secretary 81 CITY COUNCIL LETTER MEETING OF: November 26 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION ESTABLISHING BY: JOE KLOIBER BY: ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES DATE: NOVEMBER 9, 2007 For many years, the City Council has annually updated the income eligibility limit for reduced senior citizen utility rates. The income eligibility limit was set at $26,500 to receive reduced rates in 2007. Attached is a resolution raising the income limit to $27,300 to receive reduced senior citizen rates in 2008. For many years, the formula the City has used for this limit is the maximum current year (2008) Social Security benefit for an individual at full retirement age, plus 4%, rounded to the next even $100 increment. This limit is then compared to the applicants' prior year (2007) income. This formula is intended to allow for a modest amount of income beyond the maximum Social Security benefit possible. The maximum Social Security benefit for an individual at full retirement age for 2008 is $26,220. The City Council can set any formula or amount for income eligibility. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For many years, the number of seniors receiving the reduced rate has remained relatively constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of resolution 2007-223, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2007-223, being a resolution establishing eligibility standards for senior citizen utility rates. JPK 07l 1 131 COUNCIL Attachment COUNCIL ACTION: a2 RESOLUTION N0.2007 -223 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates far refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $27,300 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2008. Passed this day of , 2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, C1VIC City Clerk 83 CITY COUNCIL LETTER MEETING OF: NOVEMBER 26 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION DESIGNATING OFFICIAL BY: JOSEPH KLOIBER BY: DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS DATE: NOVEMBER 9, 2007 NO: Each year the council passes a resolution designating depositories for City funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. Although the City's general banking transactions are conducted through Northeast Bank, the City of Columbia Heights does maintain accounts at Wells Fargo Bank of Minnesota, N.A. and U.S. Bank for certain ancillary or specialized services. It is staff's recommendation that we maintain. these three banking relationships as they meet the City's current needs and, in combination, they provide the capacity for cost-effectively meeting the City's changing needs for electronic banking. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-224 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-224 being a resolution designating official depositories for the City of Columbia Heights. JPK 071 1132COUNCIL Attachment COUNCIL ACTION: 84 RESOLUTION NO. 2007-224 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 85 BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this day of , 2007 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk 86 CITY COUNCIL LETTER Meeting of: November 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2007-214, BY: Robert Streetar BY: Reclassifying and Designating Fund DATE: October 18, 2007 Balances for the Economic Development Authorit 's Housin Maintenance Pro ram Background: The following is a memorandum that was presented to the EDA at their August 28, 2007 meeting explaining the housing maintenance program. Since 2002, one of the City Council's priorities has been maintaining and improving the housing stock. To continue this progress staff has prepared a Housing Maintenance Plan for years 2008 - 2017 that will provide support to maintain the City's housing stock. This plan represents the bare minimum to maintain the housing stock, and if resources allow should be increased. HOUSING MAINTENANCE PLAN 2008 - 2017 Maintaining the quality of the housing stock is fundamental to maintaining livable neighborhoods and a strong tax base. Residential homestead property comprises 78% of the total property tax base. The residential homestead housing stock is much older and lower in value compared to other metropolitan cities, and residents have identified deferred maintenance of the housing stock as a problem since 1992. Since improving the housing stock requires a sustained and long-term effort, staff recommends the Columbia Heights Economic Development Authority (EDA} implement the following housing programs during the period of 2008 through 2017 to maintain and improve the residential homestead housing stock. These programs include the: 1. Housing Resource Center 2. Home Rehabilitation Incentive Program 3. Single-Family Home Replacement Program 4. Single-Family Home Deferred Loan Program 5. Housing Maintenance Capacity Building Program Implementing these housing programs further achieves the City's Comprehensive Plan housing goal of "Promoting and preserving the single-family housing stock as the community's strongest asset", and by doing so implements the policy of "enhancing and maintaining the quality and appearance of the City's single-family neighborhoods and the housing stock." Housing Resource Center Program (HRC) The HRC program provides home improvement loans, construction management services, and information on a variety of housing topics. The HRC is a free service for homeowners that provides comprehensive housing services to homeowners in participating communities. The HRC is a program of the Greater Metropolitan Housing Corporation (GMHC). Since 2002, services have been provided to 1,819 homeowners. Staff believes the need for this popular program will continue to grow as the EDA more effectively markets this program. s~ The services provided by the HRC supports the Comprehensive Plan housing strategy of "supporting the upgrading and maintenance of older houses throughout the community." Therefore, staff recommends the EDA continue to annually fund the HRC program in the approximate annual average amount of $16,800. The cost of the program over 10 years is estimated to be $168,051. The estimated number of homeowners to be served aver the period is 4,500. Home Rehabilitation Incentive Program (HRI) The HRI program provides homeowners with a cash rebate of 10%, 12% or 15% of eligible rehabilitation costs up to $3,000, depending on income. To qualify the homeowner must have a household income at or below 115% of the area median income or $88,206. This program is administered by the GMHC and funded by the EDA. Since the EDA initiated this program is 2002, 62 homeowners have received rebates, with the average rebate of $1,279, and completed $773,899 of rehabilitation. Staff believes the popularity of this program will continue to grow as the EDA more effectively markets this program. The HRI program supports the Comprehensive Plan housing strategy of "supporting the upgrading and maintenance of older houses throughout the community." Therefore, staff recommends the EDA continue to annually fund the HRI program in the approximate annual average amount of $50,500. The cost of the program over 10 years is estimated to be $505,690. The estimated number of homeowners to be served over the period is 440. Single-Family Home Replacement Program (SFHR) The SFHR program provides funding to allow for the replacement of the most blighted and dilapidated single-family detached homes in the city with new single-family detached housing. Since 2002, the EDA, in partnership with the GMHC, has replaced five dilapidated homes with 10 new single-family homes that have had an average sale price of $232,000. The homes are at least 1,600 square feet and consist of three to four bedrooms, two bathrooms, and atwo-stall garage. The project currently under construction is the located at 4141 Jefferson Street. The EDA's contribution toward these 10 new homes was $115,000. The Metropolitan Council and Minnesota Housing Finance Agency provided $240,000. These funds were used pay for the gap between the cost to acquire and demolish the dilapidated home, build the new home and the sales price of the new home. This program is a funding alternative to the special legislation the EDA pursued during the most recent legislative session. As Commissioners will recall, the EDA pursued special legislation that would have extended the A3/C7 tax increment district. The extension would have generated $650,000 funding annually enabling a very robust replacement program, but the bill died in the House of Representatives. Consequently, staff developed this funding alternative that could replace between two and four single- family homes annually with new homes. This program requires the EDA to provide $50,000 of matching funds at least every other year beginning in 2008, to leverage additional funding from the Minnesota Housing Finance Agency's (MHFA) Community Revitalization Fund, and the Metropolitan Council's Local Housing Incentives Account. This funding would then be used in partnership with GMHC to remove blighted homes and replace them with new single- family detached homes. as This program supports the Comprehensive Plan housing strategy of "demolishing the most seriously deteriorated single-family homes and working with the private sector to develop appropriate replacement housing." Therefore, staff recommends the EDA annually fund the SFHR program in the amount of $50,000 at least every other year beginning in 2008. The cost of the program over 10 years is estimated to be $250,000. Based upon past experience, the EDA could be expected to leverage between $50,000 and $250,000 annually from MHFA and the Metropolitan Council. The estimated number of new homes to be replaced over the period is between 20 and 40. Single-Family Home Deferred Loan Program (SFHD) This new program provides a no or low interest deferred loan to a homeowners of lower income to complete structural improvements that would help maintain the quality their home and the City's housing stock. Improvements could include new roofs, windows, heating and air systems, plumbing and electrical. This intent of this program is to provide assistance to homeowners who need to perform home maintenance, but who may not be able to pay a monthly debt service of a conventional loan. The loan is deferred and becomes payable when the property is sold or changes title. When the loan is repaid the proceeds lent again to a new homeowner. This way the money is never depleted, but merely recycles. The exact parameters are yet to be developed, but would most likely be similar to other deferred loan programs, such as the Community Development Block Grant program funded by Anoka County and administered by GMHC. This program supports the strategy of "supporting the upgrading and maintenance of older houses throughout the community." Therefore, staff recommends the EDA fund the SFHD program in the approximate annual amount of $30,600. The cost of the program over 10 years is estimated to be $306,426. The estimated number of loans to be issued over the period is between 20 and 30. Housing Maintenance Capacity Building Program This program establishes future housing funding capacity through an EDA annual levy. By establishing this pool of resources the EDA can be assured this housing efforts that have begun will continue. Establishing the capacity ensures housing maintenance will remain a priority in the future. Establishing this capacity requires the EDA to levy an additional $50,000 annually. These funds are reserved for housing maintenance programs to be implemented after 2017 such as those listed above. If needed, these funds could also be used to fund emergency housing needs, or expand current programs should the need arise during the 2008 - 2017 period. Staff recommends the EDA fund the Housing Maintenance Capacity Building Program by levying $50,000 annually through an EDA levy beginning in 2009 and ending in 2017. The program creates a $455,931 of housing maintenance financial capacity over the10-year period for future housing maintenance needs. Housing Plan Budget 2008 - 2017 The cost to implement these five programs over the next 10 years is estimated to be $1,686,098. Funds to pay for these programs would come from fund balances in Funds 299, 235,101, 226, and 410 and require the City Council to transfer $1,091,814 from those funds to the Fund 207 -Housing Maintenance Fund. The remaining revenue is generated through an EDA levy of $450,000 and interest earnings of $144,285. The cost to an owner of a $200,000 home for all of these programs, a $1,600,000 investment in housing over 10 years, would be about $66. Below is the housing maintenance summary budget. 89 Housing Maintenance Summary Budget Sources Fund # Fund Name Amount 299 Housing and Redevelopment Authority $306,426 235 Rental Housing $40,688 101 General Fund $138,000 226 Special Projects $206,700 410 Capital Sheffield Redevelopment $400,000 204 Economic Development Authority $450,000 Interest Income 144 285 $1,686,098 Uses Program Amount Housing Resource Center $168,051 Home Rebate Incentive Program $505,690 Home Replacement Program $250,000 Home Deferred Loan Program $306,426 Housing Maintenance Capacity Building Program 455 931 $1,686,098 Staff recommends the City Council transfer funds identified above to Fund 207 the Housing Maintenance Fund. Recommendation: Staff recommends adoption of Resolution 2007-214, a Resolution Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program. Recommended Motion: Motion: Move to waive the reading of Resolution 2007-214, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2007-214, a Resolution Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program. COUNCIL ACTION: so RESOLUTION N0.2007-214 RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES FOR THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING MAINTENANCE PROGRAM WHEREAS, on August 28, 2007 the Columbia Heights Economic Development Authority approved a 10-year Housing Maintenance Program; and WHEREAS, the purpose of the Housing Maintenance Program is to maintain and improve the housing stock, tax base and improve the livability of the City's neighborhoods; and WHEREAS, the City of Columbia Heights has accumulated fund balances in the Business Revolving Loan Fund, the Rental Housing Fund, the General Fund, the Special Project Fund and the Sheffield Development Fund for the purpose of funding future expenditures; and WHEREAS, the City Council has determined that there is a need for a Housing Maintenance Program in Columbia Heights; and WHEREAS, it is the intent of the City Council to provide funding for a Housing Maintenance Program: NOW THEREFORE, BE IT RESOLVED that a Housing Maintenance Program Fund be established as a fund of the Columbia Heights Econamic Development Authority and funds be transferred from the following funds to the Housing Maintenance Fund 207 effective January 1, 2008. From Funds: # Name Amount 299 Business Revolving Loan Fund $306,426 235 Rental Housing $40,688 101 General Fund $138,000 226 Special Project $103,350 410 Sheffield Development $400.000 Total $988,464 BE IT FURTHER RESOLVED that funds be transferred from the following fund to the Housing Maintenance Fund 207 before December 31, 2008. From Fund: # Name 226 Special Project Amount $103,350 NOW THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established Housing Maintenance Fund be appropriated for expenses related to the Housing Maintenance Program. Passed this day of , 2007 Offered By: Second By: Roll Call: Attest: Patricia Muscovitz, City Clerk Mayor Gary L. Peterson 91 CITY COUNCIL LETTER Meeting of: November 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2007-225 to request $86,647 BY: Kirsten Partenheimer BY: from the Anoka County HRA Levy to finance the DATE: November 16, 2007 a in the redevelo ment of 3805 2°d Street NE Background• The piupose of this memorandum is to ask the City Council to request $86,647 in gap funding assistance from the Anoka County HRA for the redevelopment of 3805 Second Street NE. On September 10, 2007, the City Council adopted to participate in the Anoka County Housing and Redevelopment Authority Economic Activities. Participation allows the City a minimum level of resources to invest in important priorities it has set, such as the maintenance and improvement of the housing stock and blighted housing replacement. Having opted in, the City may request funds from the levy to help fund redevelopment and housing-related activities. Property Background The rental property at 3805 Second Street NE currently contains a small single-family home, which is uninhabitable due to a recent fire, and remains vacant. The home, which was built in 1922 and has approximately 732 square feet of living space, is on a corner lot measuring 80' x 130'. GMHC proposes to demolish it and construct two new single-family homes. Zoned R2-A (One- and Two- Family Residential District) the lot is comprised of two legal lots of record, facing Second Street. (Please see attached photographs of existing structure.) A fire on September 7, 2007 damaged the home and the building official has posted it as uninhabitable. When the owners, Lisa and Steve Petersen, determined that it would be unprofitable to repair the property, and were unable to find new investors, they approached the City of Columbia Heights to determine if the City would be interested in purchasing the property for redevelopment. Redevelopment Project In partnership with GMHC, GMHC will demolish the existing home and build two new single-family homes, similar to those at 4141 Jefferson Street NE. Each home would be two stories with three bedrooms and two and a half baths and would comprise approximately 1,650 square feet. Both of these homes would sell for a target price of $235,000. Demolition could begin as early as December 2007, with construction occurring soon thereafter. Marketing would begin simultaneously with demolition. (Please see attached photographs of GMHC homes previously constructed in Columbia Heights.) The table provides a quick look at the results of redeveloping this property. Before After Change # of Single-Family Homes 1 2 1 Property Value $ 139,200 $ 470,000 $ 330,800 Property Tax $ 1,284 $ 4,335 $ 3,051 *Approximate The cost to acquire the property, demolish the existing structure, and construct two new homes is estimated to be $556,647. The sale of both homes would generate $470,000 of revenue. Subsequently, in order to successfully redevelop the property, the project is estimated to require up to $86,647 of funding assistance to make it feasible. This funding would come from the Anoka County HRA. 92 Comprehensive Plan By facilitating the redevelopment of this property, the EDA would be implementing two goals of the Housing component of the Comprehensive Plan. These goals and their corresponding action steps are listed below. Goal: Promote and preserve the single-family housing stock as the community's strongest asset. Action Step: The City will acquire and demolish the most seriously deteriorated single- family homes and work with the private sector to develop appropriate replacement housing. Action Step: The City will acquire and assemble residential lots, as opportunities arise, for the purpose of developing infill housing. Goal: Provide a variety of life cycle housing opportunities within the community. Action Step: The City will foster partnerships with the private sector to help diversify housing in the community. Housing Maintenance Plan 2008-2017 The EDA approved the 10-Year Housing Maintenance Plan to provide to maintain the City's housing stock. Of the five programs implemented as part of the plan, the redevelopment of 3805 2nd Street would meet the intent of the Single-Family Home Replacement Program, which provides funding for the replacement of the most blighted and dilapidated single-family detached homes within the city with new single-family detached housing. Summary In summary, the City Council is being asked to request funds in the amount of $86,647 from the Anoka County HRA to provide gap funding assistance to GMHC to make the redevelopment of 3805 Second Street NE feasible. As the homebuilder, GMHC will remove the vacant and blighted home and replace it with two new single-family for-sale homes with target sales prices of $235,000. This redevelopment would implement the goals of the Comprehensive Plan and the Housing Maintenance Plan, and would result in amuch-needed physical improvement to the neighborhood. Recommendation: Staff recommends the City Council approve request of $86,647 from the Anoka County HRA to cover the gap financing for the redevelopment of 3805 Second Street NE. Recommended Motion: Motion: Move to waive the reading of Resolution 2007-225, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2007-225, a Resolution requesting funds in the amount of $86,647 from the Anoka County HRA Levy to finance the gap in the redevelopment of 3805 2°d Street NE, in the City of Columbia Heights. COUNCIL ACTION: 93 RESOLUTION N0.2007-214 RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES FOR THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING MAINTENANCE PROGRAM WHEREAS, on August 28, 2007 the Columbia Heights Economic Development Authority approved a 10-year Housing Maintenance Program; and WHEREAS, the purpose of the Housing Maintenance Program is to maintain and improve the housing stock, tax base and improve the livability of the City's neighborhoods; and WHEREAS, the City of Columbia Heights has accumulated fund balances in the Business Revolving Loan Fund, the Rental Housing Fund, the General Fund, the Special Project Fund and the Sheffield Development Fund for the purpose of funding future expenditures; and WHEREAS, the City Council has determined that there is a need for a Housing Maintenance Program in Columbia Heights; and WHEREAS, it is the intent of the City Council to provide funding for a Housing Maintenance Program: NOW THEREFORE, BE IT RESOLVED that a Housing Maintenance Program Fund be established as a fund of the Columbia Heights Economic Development Authority and funds be transferred from the following funds to the Housing Maintenance Fund 207 effective January 1, 2008. From Funds: # Name Amount 299 Business Revolving Loan Fund $306,426 235 Rental Housing $40,688 101 General Fund $138,000 226 Special Project $103,350 410 Sheffield Development 400 000 Total $988,464 BE IT FURTHER RESOLVED that funds be transferred from the following fund to the Housing Maintenance Fund 207 before December 31, 2008. From Fund: # Name 226 Special Project Amount $103,350 NOW THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established Housing Maintenance Fund be appropriated for expenses related to the Housing Maintenance Program. Passed this day of , 2007 Offered By: Second By: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 94 3805 Second Street NE .:~ x, ~ ` ~_ ~s 3 Y-' -~Y, ~ ` =n i~t3 Fes' ~ .~ - e ~ ~ ~ s UT' ~ ~ 1 ~ ~ t ~7 ~ ~ ~ t ~: R f ~ I ~ s ; ~ . e Ff ~ ` l ~ ~ , l 'i . ~ , ~ } ~~' - ~ ~ 7 P ~' e ~ ~ { ~ -. . S ~~ ~ ~~; k i ~+s - - i _"..+Gs _~yS1 `L^.~': _ ~ ~-~. w_ ~ t 9 .._... , . ' a - ... h r ~ ~~~ ~ yy ""~~,, $ ~,.~`s Figure 1. (above) 3$05 Second St. NE Figure 2. (left) Fire damage in kitchen. 95 3845 2ND STREET NE ~--~- ~" ~' i ~- ,r ,,^. • r -- ~f / C i w .__ ~ _ \ ~ ~ `` --- ~ ... ~ n ~_ ~ w ~~ z _ ~ J~ ~~ 38TH AVE NE ~ --~ - ~ i - - - W..._ -- { 0 0.05 0.1 Miles N ~ ~ n Legend /`~ Redevelo ment Area Date: October 18, zoos. p Prepared by: fGrsten Partenheimer, Community Development Specialist, City Parcels City of Columbia Heights. CITY COUNCIL LETTER Meeting of: 11/26/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR THE BY: K. Hansen, L. McClanahan BY: CAPITAL EQUIPMENT REPLACEMENT OF UNIT DATE: 11/20/07 DATE: #102: UNDERGROUND SEWER TELEVISION INSPECTION SYSTEM Background: The City purchased its first underground sewer television inspection system about 1976. Over the years, the Churney televising system equipment was upgraded in a piecemeal fashion as the original components of the system failed. The last substantial upgrade was made in 1993 when the Churney televising system was replaced with an Aries televising system. The Aries system is not capable of generating concise and comprehensive records that are required to effectively inspect, maintain, repair and manage the sanitary system and storm water system. The existing televising system is mounted in a cargo trailer that was purchased in 1976 and the trailer is in poor condition. In 2007, $140,000 has been budgeted. for the replacement of the Aries televising system. Analysis /Conclusions: As the need for sewer pipeline rehabilitation continues to grow, televised inspections have become a vital source of information. Limited funding often dictates that only the most critical conditions be rehabilitated. Setting rehabilitation priorities thus becomes extremely important, and that can only be accomplished with quality pipeline inspection. NPDES requirements have also forced the issue of televising storm sewer Lines, similar to how we inspect our sanitary sewer system. This equipment is not available off State or County purchasing contracts so staff is currently preparing bid specs for the replacement of Unit #102, an Aries televising system. Recommended Motion: Move to authorize staff to seek bids for the Capital Equipment Replacement for Unit #102 Underground Sewer Television Inspection System. KH:jb COUNCIL ACTION: 97 CITY COUNCIL LETTER MRFTTNC'T nF• N(1VF.MRRR 2fi_ 2OO7 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: LIQUOR STORE PROJECT CHANGE BY: WILLIAM ELRITE BY: ORDERS NO: DATE: NOVEMBER 15, 2007 Since July staff, the architect, and the contractor have been working on two additional change orders for the liquor stores. One of these change orders is in relationship to the sign design, appearance, letters, and lighting. This change order is not complete and will not be presented until the December council meeting. The other change order involves electrical modifications and is complete at this time. When the original architectural work was done on the store there was a significant rush to get this to bid in a timely manner to take advantage of the market. This was accomplished. However, in that rush there was not adequate time for architectural and staff review of the electrical high and low voltage plan and design for the store. This necessitated a change order and additional outlets and circuitry far computers, vending machines, and video security that were not included in the original architectural design. On August 4 when the first version of this change order was done, the upgrade and electrical circuits in the store came through at $20,000. Since then staff, the architect, and the electrician have spent a significant number of hours looking at how this could be modified to reduce the cost. We have now finalized a plan that will provide adequate electrical circuitry and adequate conduits and pathways for low voltage wiring that has reduced the amount of the change order to $9,375.93. It is staff's opinion that both the architect and the electrician have put forth every effort to keep this cost to a minimum and still provide what is needed to operate the store. Based on this, it is staff's recommendation that the change order be accepted. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change authorization #I6, revision 4, totaling $9,375.93. WE: sms 0711 151 COUNCIL COUNCIL ACTION: 98 CITY COUNCIL LETTER MEETING OF: NOVEMBER 26.2007 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: VIDEO SECURITY AT LIQUOR STORES BY: WILLIAM ELRITE BY: NO: DATE: NOVEMBER 14, 2007 Back round Currently the liquor store on University Avenue is the only store with any type of video security. We currently have four working cameras and a very antiquated recorder at this store. The other stores have no video security surveillance equipment. When the architects designed the specifications for the two new liquor stores it was decided not to include video surveillance equipment as part of the bid spec. It was felt that we would. be able to attain a better, more cost-effective video system by doing a separate Request for Proposal. The Finance Director and Liquor Operations Manager prepared the Request for Proposal document and the request was published in the October 18`x' issue of the Sun Focus. The Need for Video Surveillance Security The primary needs for a video surveillance system are to deter theft and to identify shoplifters and robbery suspects with the greatest need being in the area of shoplifting. Over the years our losses have increased drastically due to shoplifting. A good video security system deters shoplifters and provides us with pictures that can be printed and distributed to staff. Older video systems took a great deal of staff time to monitor. However, modern day technology has made it very simple and fast to zoom in on a recorded shoplifting episode and produce quality pictures of the shoplifter. These photos can then be posted in the store as a deterrent to future shoplifters and to make staff well aware of the specific customers to watch. It is safe to estimate that this increased security could easily save the stores $10-$20,000 per year in lost merchandise due to shoplifting. Results of Request for Proposals Five companies responded to our Request for Proposals and requested a copy of the specifications. The proposal was put together for a primary system. and included an optional alternate system that provided for more cameras. Five companies requested the specs. Of these five, three completed proposals. The attached spreadsheet lists the proposals received for the primary and alternate systems. Marco, who has a very strong reputation in the computer and security industry, submitted the low proposal. As there is a very small cost difference between their primary proposal and the proposal for the alternate system, and as the alternate system provides much more video security, it is staffs recommendation to go with the alternate proposal. Under this proposal the cost for liquor store #3 is $13,103.75, for Top Valu II $39,202.64, and Top Valu I $46,323.63. It should be noted that this is a very state-of--the-art, sophisticated video system and should fulfill our needs for 7-IO years. Marco also offered a 10% discount if we do all three stores at the same time. The discount amounts to a total. savings of $9,248.01. Staff will be reviewing the proposals in more depth and meeting with the vendor to determine if there are any additional discounts or savings that we can take advantage of. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Marco for video surveillance equipment for all three stores, alternate proposal for Top Valu I and II, in the amount of $89,382.02 plus sales tax. WE:SmS 0711141COtJNC1L Attachment COUNCIL ACTION: 99 5225 University 4950 Central 2105 37th Ave Discount if all three stores are done Net Proposal MARCO ~ Floyd Security In ersoll Rand T co Fire 8~ Securi - ADT North Count Primary Alternate Primary Alternate Primary Alternate 13,103.75 13,103.7 21,241.42 21,241.4 31,106.00 31,106.0 Did not submit a bid Did not submit a bid 42,782.85 46,323.6 44,939.80 52,653.6 55,024.00 75,821.0 35,093.56 39,202.6 42,592.54 49,993.2 50,590.00 75,821.0 90,980.16 98,630.02 108,773.76 -6,824.00 -9,248.00 84,156.16 89,382.02 123,888.25 136,720.00 182,748.00 100 CITY COUNCIL LETTER MEETING OF: NOVEMBER 26, 2007 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: NEW LIQUOR STORE SHELVING BY: WILLIAM ELRITE BY: NO: DATE: NOVEMBER 14, 2007 At the time the architects prepared the bid specs for the new liquor stores they did not include the display floor shelving. It was felt we could secure a better price by submitting a separate request for price quotations. Based on this, Larry Scott, Liquor Operations Manager, prepared a spec for the display floor shelving and submitted it to various distributors. Three price quotes were received as shown on the attached worksheet AA Equipment Company submitted the low cost quotation at $24,582 for Top Valu I and $18,764.62 for Top Valu II. It should be noted that these prices do not include sales tax or freight. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with. AA Equipment Company for display shelving in the amount of $43,346.62 plus sales tax and freight. WE: sms 0711142COUNCIL Attachment COUNCIL ACTION: 101 AA Equipment Company ~-G ritz ~ Madex ~ Stan Mor an 8~ Associates, Inc. Store #1 Store #2 Store #1 Store #2 Store #1 Store #2 Shelvin 19,982.00 14,764.62 24,448.05 16,784.7 26,130.06 18,101.9 Did not submit a bid Installation 4,600.00 4,000.0 4,500.00 4,000.0 5,800.00 5,200.0 Total Total Both Stores 24,582.00 18,764.62 28,948.05 20,784.78 31,930.06 23,301.95 43,346.62 49,732.83 55,232.01 102 CITY COUNCIL LETTER Meeting of November 27 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: November 15, 2007 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue arental-housing license to John Krebsbach Jr. to operate the rental property located at 4915 5`" Street N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 103 CITY COUNCIL LETTER Meeting of November 26, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: November 19, 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 November 26, 2007 COUNCIL ACTION: 104 List of 2007 Rental Licenses to Approve Occupant' I.D 10186 20050 20248 30062 30066 30108 30109 30175 30180 20141 30015-NC 12013 10151 20097 12031 20128 10139 10216 20069 20295 12131 10141 10166 10127 30179 10108 10095 20184 90656 90656-B 20035 20039 20060 30164 30035 10030 10094 10195 20033 Property Owner Name Property Address Lundgren Properties LLC 4715 CHATHAM Deer Meadow Holdings LLC 4657 5TH Monet Properties, LLC 4540 Tyler Equimax 4650 JOHNSON Midwest Management 3839 HART Equimax 3746 Stinson Northeast Seniors Housing Corporation 3850 Stinson Housing Plus 3806 Stinson Lynde Investment Company, LLP 4715 UNIVERSITY Laura Alarcon 4555 WASHINGTON Eric Anderson 3947 Tyler Carlos Arcos-Martinez 5230 4TH Charles Blood 4126 CLEVELAND Anthony Brown 4056 5TH Thomas Brownrigg 4008 CLEVELAND Daniel Busse 621 51ST Constantina Byers 1011 41ST Constanina Byers 999 41ST CMACS LLP 4157 Quincy Ita Ekah 4612 POLK Angela Harris 1401 42 1/2 Dave Holt 1221 44 1 /2 David Jones 4111 5TH Vivex Kamran 2215 45TH Cynthia Klum 3826 Stinson Ben Kuchta 3906 Tyler Leslie Lindquist 1020 44TH Steve & Terry Look 4326 MONROE Sylvester Luellen 4321 5TH Sylvester Luellen 4315 5TH Rose Maciaszek 4407 JACKSON Rose Maciaszek 4404 VAN BUREN John Majewski 4995 Tyler Richard Meissner 4643 PIERCE Robert Mikulak 228 40TH Mohamed Musse 4535 Taylor Natalie Nett 4125 Quincy Cory Neubert 4325 MCLEOD Tom Okerstrom 4619 Taylor 11 /19/2007 13:04 ~ 05 Page 1 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name 20149 Ernesto Payan 30154 Bo Phalgoo 12043-NG Sandra Powell 20065 Bhawesh Prabhudail 10155 Joseph Rutter 20206 Ron Sanford 20135 Maumer Sekizovic 30102 Maumer Sekizovic 10093 Leland Stauch 20137 Charles Szaflarki 20019 Thomas Therrien 20252 Robert Trewartha 10154 Terry Vanatta 30126 William Wall 10218 Thomas Wasik 10170 Steven Wickstrom 30161 Myong Yi 20110 John Zezza Property Address 4519 Taylor 4341 Tyler 4456 WASHINGTON 3906 VAN BUREN 3817 HAYES 4914 Tyler 4635 UNIVERSITY 4640 POLK 4311 Royce 4156 CLEVELAND 633 51ST 3915 VAN BUREN 4748 7TH 4648 POLK 999 41ST 4336 6TH 4546 Tyler 4055 UNIVERSITY 11 /19/2007 13..04 ~ 06 Page 2 CITY COUNCIL LETTER Meeting of: November 26, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Nov. 16, 2007 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 26, 2007 Council meeting. This agenda consists of applications for Contractor licenses for 2008 as well as the renewals of Business Licenses for 2008 as listed. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for November 26, 2007 as presented regarding the licenses for 2008. COUNCIL ACTION: 107 TO CITY COUNCIL November 27, 2007 *Signed Waiver Form Accompanied Application ****LICENSES FOR 2007**** GAMES OF SKILL POLICE *American Amusements 2100 96`h St W, Bloom $330.00 For Star Bar and Mady's *Theisen Vending Co. 2335 Nevada Ave N, GV $ 75.00 For Laundryworld *Jimmy's Pro Billiards 4040 Central Ave. Col. Hts $465.00 *Metro Coin 14940 B 28`" Ave N, Plymouth $ 90.00 For Star Bar, VFW, Dennys POOL HALL POL *Jimmy's Pro Billiards 4040 Central Ave, Col. Hts. $100.00 LIQUOR LICENSE POL, F,BLDG,ZA *Sarna's 3939 University Ave $6,700 *Mady's Bowling Ctr. 3919 Central Ave $6,700 *Buffalo Wild Wings 4811 Central Ave $8,200 CLUB LIOUOR POL, F, BLDG,ZA *Columbia Hts. Lions Club 530 Mill St. $300 * VFW #230 4446 Central Ave $500 TEMPORARY BEER LICENSE POL,F,BLDG,ZA *Columbia Hts Lions Club 530 Mill St. $400 For Jamboree events June 20-24, 2007 CIGARETTE SALES POLICE *Holiday Station Store 4259 Central Ave $300 *Jerusalem Mkt. 4945 Central Ave $300 *Hot Market 5011 University Ave $300 *Elshima Inc/Pyramids 4921 Central. Ave $300 * University Auto Ser 5257 University Ave $300 *Speedway SA 5000 Central Ave $300 *Col. Hts. Municipal. Liq Stores (3) fees waived *Sarna's Superette Inc 4329 Central Ave $300 *RBF LLC dba Rainbow 4300 Central Ave $300 *Jeffs, Bobby & Steves 3701 Central Ave $300 *Columbia Market 4901 University Ave $300 *Totem Foods 4635 Central Ave $300 108 SECOND HAND DEALER POL, F, BLDG, ZA *Apogee Retail/Unique Th. 2201 37`h Ave NE *Salvation Army ARC 3929 Central Ave NE WINE/BEER LICENSE POL,F,BLDG,ZA *Nalapak 4920 Central Ave $2,000 *Puerta Del Sol 3800 Central Ave $2,000 COURTESY BENCHES US Bench. Corp 3300 Snelling Ave, Mpls $450 FUEL DISPENSING DEVICES $100 $100 FIRE *Holiday Station 4259 Central Ave $180 *Speedway SA 5000 Central Ave $140 *Jeffs, Bobby, &Steves 3701 Central Ave $210 *Lowells Auto Service 4457 University Ave $100 *University Auto Ser 5257 University Ave $ 80 *Heights Rental 3901. Central Ave $ 50 MOTOR VEHICLE SALES POLICE *David's Auto 573 40`" Ave $300 MASSAGE BUSINESS/INDIVIDUAL POLICE *JD Massage Co 4421 2°d St $500/$100 BEER LICENSES POL/F/BLDG/ZA Dick's Place - On & Off 547 40`h Ave $400/$150 Speedway SA -Off Sale 5000 Central Ave $150 *Totem Foods-Off Sale 4635 Central Ave $150 Sarna's Superette-Off Sale 4329 Central Ave $150 *Jeffs, Bobby, Steves-On & Off 3701 Central Ave $400/$150 RBF LLC dba Rainbow 4300 Central Ave $150 MOTOR VEHICLE RENTAL ZONING *Heights Rental 3901 Central Ave CONTRACTOR'S LICENSES (2008) $ 50 109 BLDG *Riccar Htg & AC *Joel Smith Htg *J-Herd Mechanical *Building Mech. Systems *Klamm Mechanical *Burnsville Htg & AC *Horizon Contractors *Paul Stafford Htg & Cool *G.V Htg *Wenzel Htg & AC *Quality Refrigeration *Standard Htg. & AC *Solid Refrigeration *Air Mechanical *New Mech Co Inc *Home Energy Center Infrared Htg *Aabbott Ferraro Inc *No. Country Concrete *MN PetiYOleum *Asplundh Tree Davey Tree Expert Co *Crosstown Signs 2387 Station Pkwy, Andover $60 4920 173`d Ave NE, Ham Lake $60 3308 Southway Dr, St Cloud $60 3845 43`d Ave So, Mpls $60 12409 Co Rd. 11, Burnsville $60 3451 W. Burnsville Pkwy $60 8197 Horizon Dr, Shakopee $60 6225 Cambridge St, Mpis $60 5182 W. Broadway, Crystal $60 4131 Old Sibley Memorial Hwy $60 6237 Penn Ave 50, Richfield $60 410 W. Lake St, Mpls $60 11.25 American Blvd E, Blooming $60 16411 Aberdeen St NW, Isanti $60 1633 Eustis St, St Paul $60 2415 Annapolis Ln, Plymou th 22345 Monroe St NW, Elk River $60 2328 Terminal Rd, Rooeville $60 7040 143`d Ave NW, Ramsey $60 682 39`'' Ave, Col. Hts $60 4501 103`d Ct, Blaine $60 1500 N Mantua St, Kent OH 16307 Aberdeen St NE, Ham Lk $60 McGough Construction 2737 Fairview Ave N, Roseville $60 *Sampson-Lindgren 2228E 35`h St, Mpls $60 *Lindstrom Restoration 9621 10`h Ave No, Plymouth $60 *Fiedler Landscaping 880 Westchester Ave, Shakopee $60 *Burnomatic-Mooney & R idler 2925 Garfield Ave S, Mpls $60 Schnapp Pl & Htg 682 125`h Ln, Blaine $60 *DeForge's Plumbing 2009 Virginia Ave S, SLP $60 *Thoen Plumb Service 2605 Campus Dr. Plymouth $60 *Roseville Pl & Htg 65 So. Owasso Bivd, St Paul $60 *Copeland Bldg Corp 5300 Hyland Greens Dr, Blooming $60 $60 $60 110 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: November 26, 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 123318 through 123754 in the amount of $ 2,317,847.02 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 111 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2007 13:30:28 Check History GL050S-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 Tit1e.......11/26/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 123318 thru 123754 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 112 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT A & S TRAINING LLC 123318 700.00 ABLE HOSE & RUBBER INC 123319 119.99 ACCURINT 123320 130.50 ACE HARDWARE 123321 68.78 ADVANCED SANDJACKING 123322 1,200.00 AMERICAN LEGAL PUBLISHIN 123323 300.00 AMERIPRIDE INC 123324 33.14 ANCOM COMMUNICATIONS INC 123325 783.58 ANOKA COUNTY LIBRARY 123326 3,740.15 ANOKA CTY - CENTRAL COMM 123327 1,261.53 ATLAS AUTO BODY, INC 123328 1,839.54 BAKER & TAYLOR 123329 2,518.45 BAKER & TAYLOR ENTERTAIN 123330 52.77 BARNA GUZY & STEFFEN LTD 123331 13,527.00 BAUER BUILT TIRE & BATTE 123332 95.21 BIFF'S,INC. 123333 911.74 BIG BOBS CARPET 123334 219.39 BOYER TRUCK PARTS 123335 45.88 BROOK WHITE CO. 123336 3,612.48 BRODART 123337 139.31 BUILDING FASTENERS 123338 86.90 BUREAU OF CRIMINAL APPRE 123339 630.00 CAMDEN PET HOSPITAL, INC 123340 3,208.71 CATCO PARTS SERVICE 123341 134.38 CCP INDUSTRIES 123342 361.90 CENTRAL WOOD PRODUCTS 123343 3,057.62 CERES ENVIRONMENTAL SRVC 123344 1,345.39 CHURCH OFFSET PRINTING I 123345 206.35 CINTAS FIRST AID-SAFETY 123346 2$5.58 CITY WIDE LOCKSMITHING I 123347 9.00 CLARK PRODUCTS INC 123348 1,360.56 COMMERCIAL ASPHALT 123349 1,238.21 COORDINATED BUSINESS SYS 123350 57.86 CREATIVE PRODUCT SOURCIN 123351 374.52 CSC CREDIT SERVICES INC 123352 25.00 CURTIS 1000 123353 494.21 DISPLAYS2G0 123354 207.50 EMERGENCY AUTOMOTIVE TEC 123355 410.96 ENGINEERING REPRO SYSTEM 123356 120.20 ENVIRONMENTAL SYSTEMS RE 123357 1,114.30 FIDELITY BUILDING SERVIC 123358 5,167.90 G & K SERVICES INC 123359 1,164.31 GRAFIX SHOPPE, INC 123360 205.80 H & L MESABI 123361 48.99 HD SUPPLY WATER WORKS 123362 49.80 HEINRICH ENVELOPE CORP 123363 137.25 HOME DEPOT ##2802 123364 170.90 113 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT HOTSY EQUIPMENT OF MINN 123365 517.57 ISANTI COUNTY EQUIPMENT 123366 138.98 KENNEDY & GRAVEN 123367 18,831.31 KIMLEY-HORN & ASSOCIATES 123368 1,326.34 KIWANIS CLUB 123369 35.00 LAKE SUPERIOR COLLEGE 123370 150.00 LANG/ROY 123371 138.52 LEAGUE OF MINNESOTA CITI 123372 2,040.00 LIFT PRO 123373 150.74 LIVE OAK 123374 294.57 MAC QUEEN EQUIPMENT CO. 123375 2,138.25 MENARDS CASHWAY LUMBER-F 123376 300.54 METRO WELDING SUPPLY 123377 57.20 METROPOLITAN COUNCIL WAS 123378 68,308.19 MID-AMERICA POWER CENTER 123379 30.38 MIDWAY FORD 123380 259.95 MIDWEST ASPHALT CO. 123381 100,515.61 MINNEAPOLIS FINANCE DEPT 123382 81,954.60 MINNEAPOLIS OXYGEN CO. 123383 11.52 MINNEAPOLIS SAW CO. 123384 11.69 MINNESOTA COUNTY ATTORNE 123385 27.69 MINNESOTA PETROLEUM SERV 123386 892.00 MTI DISTRIBUTING 123387 71,036.18 NORTHEASTER 123388 128.00 NORTHERN WATER WORKS SUP 123389 1,970.25 NYSTROM PUBLISHING COMPA 123390 3,533.11 OFFICE DEPOT 123391 353.97 OFFICE SUPPLY CONNECTION 123392 86.46 ONE-CALL CONCEPT-GOPHER 123393 558.90 ONVOY INC 123394 59.99 PC SOLUTIONS INC 123395 220.47 PEPSI-COLA-7 UP 123396 241.00 PLASTICARDS INC 123397 940.00 RANDOM HOUSE, INC 123398 6.00 RAPIT PRINTING - NEW BRI 123399 152.84 RECORDED BOOKS 123400 6.95 RICOH AMERICAS CORPORATI 123401 1,964.81 ROSEDALE CHEV 123402 112.02 ROYAL TIRE 123403 765.74 S & T OFFICE PRODUCTS IN 123404 143.64 SAM'S CLUB 123405 71.72 SCHOLASTIC LIBRARY PUBLI 123406 144.30 SHERWIN WILLIAMS 123407 108.56 SIGNS BY TOMMORROW 123408 30.00 STAPLES BUSINESS ADVANTA 123409 236.05 STAR TRIBUNE 123410 382.80 STEEL TECH INC 123411 620.36 114 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT STREICHER'S GUN'S INC/DO 123412 64.99 SUN PUBLICATION INC 123413 27.23 TECHDEPOT 123414 97.74 TEE'S PLUS 123415 1,782.25 THOMSON GALE 123416 3,020.15 TOUSLEY FORD 123417 141.67 TRUGREEN CHEMLAWN 123418 5,643.43 TWIN CITIES TRANSPORT & 123419 83.07 UNITED RENTALS 123420 1,848.85 VIKING ELECTRIC SUPPLY 123421 40.38 WATER CONSERVATION SRVCS 123422 612.13 WERNER ELECTRIC SUPPLY C 123423 30.01 WHITE BEAR LAKE POLICE D 123424 25.00 WW GRAINGER,INC 123425 281.78 ZARNOTH BRUSH WORKS, INC 123426 1,099.08 ZEP MANUFACTURING COMPAN 123427 73.31 3M 123428 5,778.05 ALCORN BEVERAGE CO INC 123429 761.05 AMERICAN BOTTLING COMPAN 123430 82.71 ANOKA COUNTY PROPERTY RE 123431 50.00 BELLBOY CORPORATION 123432 2,825.50 BILL'S GUN SHOP & RANGE 123433 191.70 CAPITOL BEVERAGE SALES L 123434 304.50 CHANHASSEN DINNER THEATR 123435 100.00 CITY OF COLUMBIA HEIGHTS 123436 95,275.37 DAKOTA COUNTY RECEIVING 123437 126.00 DANIMAL DISTRIBUTING INC 123438 2,160.45 DEX MEDIA EAST LLC 123439 672.21 DRIVER AND VEHICLE SERVI 123440 18.00 ESCHELON 123441 162.30 FRANCIS/TIERNEY 123442 10.00 FREEDOM OIL COMPANY 123443 8.36 G & K SERVICES INC 123444 45.40 GOVERNMENT FINANCE OFFIC 123445 175.00 GRIGGS-COOPER & CO 123446 10,343.71 HARMON AUTO GLASS 123447 362.69 HOHENSTEINS INC 123448 1,500.95 JOHNSON BROS. LIQUOR CO. 123449 13,206.86 KLOIBER, JOSEPH 123450 236.67 MARK VII DIST. 123451 21,573.18 MC DONALD/KAREN 123452 10.00 OTTNEY/LEANN 123453 19.40 PAUSTIS & SONS WINE COMP 123454 973.49 PETTY CASH - KAREN MOELL 123455 105.64 PETTY CASH - LIZ BRAY 123456 75.42 PHILLIPS WINE & SPIRITS 123457 12,105.85 QUALITY WINE & SPIRITS 123458 11,638.64 115 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT QWEST COMMUNICATIONS 123459 116.09 RICOH AMERICAS CORPORATI 123460 27.00 SHAMROCK GROUP/ACE ICE 123461 585.49 SPRINT INC 123462 42.29 STRETCHER'S GUN'S INC/DO 123463 158.00 SUN PUBLICATION INC 123464 1,205.00 TECHDEPOT 123465 879.61 VELIN/PRISCILLA 123466 500.00 VERIZON WIRELESS 123467 31.95 XCEL ENERGY (N S P) 123468 4,570.79 AARP 123469 310.00 ADVANCED GRAPHIX INC 123470 449.90 ALLIED/BFI WASTE SYSTEMS 123471 89,582.01 ASPEN MILLS, INC. 123472 20.00 BELLBOY BAR SUPPLY 123473 67.97 BELLBOY CORPORATION 123474 3,603.10 BORDER FOODS INC 123475 200.00 BRECKENITCH/LAURIE 123476 46.56 CAPITOL BEVERAGE SALES L 123477 7,014.12 CENTER POINT ENERGY 123478 669.57 CHHS CLASS OF 1972 123479 209.42 CHISAGO LAKES DISTRIBUTI 123480 1,502.60 CROWN TROPHY 123481 13.00 DEEP ROCK WATER COMPANY 123482 60.55 DELTA HOSPITAL SUPPLY IN 123483 78.60 DEX MEDIA EAST LLC 123484 71.10 ECKERT/WENDY 123485 74.01 FERRARO/JANICE 123486 191.20 GENUINE PARTS/NAPA AUTO 123487 448.51 GRAND RIOS WATER PARK RE 123488 459.54 GRIGGS-COOPER & CO 123489 461.17 HANSEN/KEVIN 123490 285.71 INDEPENDENT SCHOOL DIST 123491 133.00 JJ TAYLOR DIST OF MN 123492 9,151.49 JOHNSON BROS. LIQUOR CO. 123493 762.05 KOWAL/OTHELIA 123494 151.26 MN DEPT OF LABOR & INDUS 123495 10.00 MOELLER/KAREN 123496 225.00 MURZYN/JOHN 123497 56.69 OFFICE DEPOT 123498 144.65 OLSON/KAREN 123499 104.41 PAUSTIS & SONS WINE COMP 123500 1,196.92 PETTY CASH - KAREN MOELL 123501 147.61 PETTY CASH - LIZ BRAY 123502 119.18 PHILLIPS WINE & SPIRITS 123503 2,012.48 PIONEER DRAMA SERVICES 123504 250.50 PURTLE/DAVID 123505 900.00 116 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT QUALITY WINE & SPIRITS 123506 1,676.74 SENSIBLE LAND USE COALIT 123507 42.00 SPRINT INC 123508 130.81 STATE OF MINN-DEPT OF CO 123509 490.89 T-MOBILE INC 123510 203.39 USA MOBILITY WIRELESS IN 123511 95.87 VERIZON WIRELESS 123512 230.75 VINOCOPIA INC 123513 185.60 VOSS LIGHTING 123514 30.77 WELLS FARGO SANK 123515 1,580.61 WINE COMPANY/THE 123516 538.35 WINE MERCHANTS 123517 4,081.15 WORLD CLASS WINE 123518 403.00 XCEL ENERGY (N S P) 123519 15,664.45 ACCURINT 123520 130.50 AMERICAN BOTTLING COMPAN 123521 524.58 BELLBOY BAR SUPPLY 123522 91.97 BELLBOY CORPORATION 123523 6,982.50 CAPITOL BEVERAGE SALES L 123524 37,252.09 CENTRO BRADLEY SPE 5 LLC 123525 11,940.57 CHISAGO LAKES DISTRIBUTI 123526 7,538.98 CITY OF COLUMBIA HEIGHTS 123527 154,380.38 COLUMBIA HEIGHTS I 123528 5,570.70 COORDINATED BUSINESS SYS 123529 701.33 DANIMAL DISTRIBUTING INC 123530 1,061.70 EXTREME BEVERAGE 123531 480.00 FIRST NATIONAL INSURANCE 123532 1,000.00 GENUINE PARTS/NAPA AUTO 123533 87.69 GRIGGS-COOPER & CO 123534 5,763.90 HD SUPPLY WATER WORKS 123535 4,710.18 HOHENSTEINS INC 123536 3,376.50 JJ TAYLOR DIST OF MN 123537 27,750.47 JOHNSON BROS. LIQUOR CO. 123538 7,657.25 JUSTICE PLANNING & MGMT 123539 175.00 MET COUNCIL REGIONAL DAT 123540 3,687.75 MINNESOTA COUNTY ATTORNE 123541 61.24 MN DEPT OF ADMINISTRATIO 123542 492.12 MOELLER/KAREN 123543 111.60 NORTHEAST BANK 123544 475,000.00 OLSON/KAREN 123545 148.02 PETTY CASH - CAROLE BLOW 123546 545.00 PETTY CASH - LIZ BRAY 123547 35.72 PHILLIPS WINE & SPIRITS 123548 2,420.00 QUALITY WINE & SPIRITS 123549 1,521.06 S & T OFFICE PRODUCTS IN 123550 151.07 SHAMROCK GROUP/ACE ICE 123551 375.27 STAPLES BUSINESS ADVANTA 123552 151.76 117 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT STREICHER'S GUN'S INC/DO 123553 41.95 VERIZON WIRELESS 123554 28.95 WEIGMAN/DANA 123555 325.01 WINDSCHITL/KEITH 123556 55.32 VANTAGEPOINT TRANSFER - 123557 75.00 ACE HARDWARE 123558 7.44 ACS INC 123559 259.96 ALCORN BEVERAGE CO INC 123560 59.00 AMERIPRIDE INC 123561 33.14 AUSTIN/LENNY 123562 95.80 BAKKEN/DUANE 123563 2,520.18 BATTERIES PLUS - 028 123564 40.45 BKV GROUP INC 123565 4,827.70 BONA/ROGER 123566 150.42 BONESTROO 123567 8,100.00 CALLEROS/RAUL 123568 74.27 CAPITOL BEVERAGE SALES L 123569 5,988.60 CHISAGO LAKES DISTRIBUTI 123570 760.00 CITY WIDE WINDOW SERVICE 123571 40.47 COCA-COLA BOTTLING MIDWE 123572 1,922.80 COLUMBIA HEIGHTS ACTIVIT 123573 97.25 COOKE CO/J P 123574 56.49 DONALD SALVERDA & ASSOCI 123575 72.26 FIRE ENGINEERING 123576 21.00 FSH COMMUNICATIONS, LLC 123577 48.30 G & K SERVICES INC 123578 52.66 GENUINE PARTS/NAPA AUTO 123579 125.44 GUISLAIN MUVUNDAMINA 123580 70.00 HALLING/ROBERT 123581 11.00 HEIGHTS BAKERY 123582 33.30 HOHENSTEINS INC 123583 1,145.75 HONSA & MICHALES PA 123584 3,279.63 JJ TAYLOR DIST OF MN 123585 731.00 JOHNSON BROS. LIQUOR CO. 123586 3,268.39 K & S ENGRAVING 123587 37.54 KENNEDY & GRAVEN 123588 6,002.74 MACK/COLLEEN 123589 12.00 MARK VII DIST. 123590 24,012.63 MICHAEL O'TOOLE ENTRPRIS 123591 2,147.05 NEXTEL COMMUNICATIONS 123592 382.41 OFFICE DEPOT 123593 42.98 PREMIUM WATERS INC 123594 85.65 PROSOURCE TECHNOLOGIES I 123595 127.10 S & T OFFICE PRODUCTS IN 123596 150.15 SIGNMINDS INC 123597 262.15 SUN PUBLICATION INC 123598 54.45 SZUREK/MARLAINE 123599 105.00 118 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 7 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT USA MOBILITY WIRELESS IN 123600 33.23 VERIZON WIRELESS 123601 38.63 A & C SMALL ENGINE 123602 5.70 ABLE HOSE & RUBBER INC 123603 103.54 ACE HARDWARE 123604 20.97 ALLIED/BFI WASTE SYSTEMS 123605 89,592.69 AMERICAN LIBRARY ASSOCIA 123606 38.00 AMERIPRIDE INC 123607 205.76 ANCOM COMMUNICATIONS INC 123608 12.00 ANOKA COUNTY LIBRARY 123609 570.53 ANOKA CTY - CENTRAL COMM 123610 534.93 ASSOC OF MN COUNTIES 123611 50.00 ASSOCIATED BAG COMPANY 123612 158.05 ASTLEFORD INTERNATIONAL 123613 107.74 BAKER & TAYLOR 123614 692.83 BAKER & TAYLOR ENTERTAIN 123615 928.19 BARNA GUZY & STEFFEN LTD 123616 14,127.00 BARON/JACKIE 123617 149.60 BIFF'S,INC. 123618 813.78 BLOWERS/CAROLE 123619 89.75 BONESTROO 123620 2,232.00 BRAUN INTERTEC CORP 123621 6,799.75 BRODART 123622 66.54 BRYAN ROCK PRODUCTS, INC 123623 834.44 BUILDING FASTENERS 123624 121.78 CAMDEN PET HOSPITAL, INC 123625 2,663.33 CANADIAN PACIFIC RAILWAY 123626 2,241.91 CATCO PARTS SERVICE 123627 71.51 CCP INDUSTRIES 123628 256.67 CDW-G INC 123629 184.23 CENTRAL IRRIGATION SUPPL 123630 71.27 CITY PAGES 123631 900.00 COLUMBIA HEIGHTS RENTAL 123632 85.11 COLUMBIA PARK MEDICAL GR 123633 238.00 COMMERCIAL ASPHALT 123634 1,205.89 CONTINENTAL RESEARCH COR 123635 265.19 COORDINATED BUSINESS SYS 123636 398.70 CSC CREDIT SERVICES INC 123637 25.11 CUMMINS N POWER, LLC 123638 4,073.32 CYS UNIFORMS 123639 68.10 DAY-TIMERS, INC. 123640 47.94 DEEP ROCK WATER COMPANY 123641 60.55 DEMCO MEDIA 123642 808.13 DNR ENTERPRISES 123643 913.61 DU ALL SERVICE CONTRALTO 123644 4,184.92 EBSCO PUBLISHING 123645 3,343.57 EGAN OIL COMPANY 123646 20,362.28 119 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 8 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT EHLERS & ASSOCIATES INC 123647 3,850.00 EMC 123648 321.00 EMERGENCY APPARATUS MAIN 123649 2,579.87 EMERGENCY AUTOMOTIVE TEC 123650 11,245.17 ENTERPRISE NETWORK SYSTE 123651 5,659.63 ESS BROTHERS & SONS INC 123652 2,624.16 FIDELITY BUILDING SERVIC 123653 5,227.90 FIRE EQUIPMENT SPECIALTI 123654 100.92 FLEX COMPENSATION, INC 123655 162.75 FRATTALONE COMPANIES INC 123656 6.91 G & K SERVICES INC 123657 1,824.93 GAFFNEY/JAMES H 123658 432.00 GASB ORDER DEPT 123659 348.00 GENE'S WATER & SEWER INC 123660 4,985.30 GENERAL REPAIR SERVICE, 123661 2,140.57 GENUINE PARTS/NAPA AUTO 123662 413.86 GREEN LIGHTS RECYCLING I 123663 785.72 GROVE NURSERY 123664 1,334.45 HANKS SPECIALTIES 123665 39.66 HD SUPPLY WATER WORKS 123666 2,401.62 HEIGHTS - FRIDLEY FLORAL 123667 25.00 HEIGHTS ELECTRIC INC. 123668 315.83 HOME DEPOT #2802 123669 155.10 HONEYWELL INC 123670 1,179.06 HUDSON MAPS 123671 135.16 IDEAL ADVERTISING INC. 123672 144.00 INSTRUMENTAL RESEARCH IN 123673 160.00 INTEGRATED LOSS CONTROL 123674 362.00 IPC PRINTING 123675 560.78 K & S ENGRAVING 123676 10.70 K & S ENGRAVING 123677 39.99 KENNEDY & GRAVEN 123678 5,496.39 KIWANIS COLUMBIA HTS-FRI 123679 352.34 KIWANIS GOLDEN K FRID-CO 123680 352.34 LAKE RESTORATION INC 123681 185.00 LEAGUE OF MINNESOTA CITI 123682 690.00 LEAGUE OF MN CITIES INS 123683 52,948.50 LOWRY CENTRAL BOWLERS 123684 85.55 MAC QUEEN EQUIPMENT CO. 123685 589.30 MCCLELLAN SALES 123686 191.70 MEDICS TRAINING INC 123687 550.00 MEDTOX LABORATORIES, INC 123688 164.99 MENARDS CASHWAY LUMBER-F 123689 216.99 METRO FIRE, INC 123690 260.00 METRO WELDING SUPPLY 123691 56.42 METROPOLITAN COUNCIL WAS 123692 68,308.19 MIDWAY FORD 123693 97.34 120 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 9 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT MIDWEST ASPHALT CO. 123694 238,734.36 MIDWEST LOCK & SAFE INC 123695 234.83 MIDWEST TAPE 123696 169.92 MINITEX - ATTN MARY GARC 123697 458.00 MINNEAPOLIS FINANCE DEPT 123698 75,376.51 MINNEAPOLIS OXYGEN CO. 123699 11.91 MINNESOTA CITY/CNTY MGMT 123700 112.00 MINNESOTA PETROLEUM SERV 123701 2,605.00 MN DEPARTMENT OF PUBLIC 123702 75.00 MN DEPT OF LABOR & INDUS 123703 20.00 MN HISTORICAL SOCIETY 123704 32.50 MORRELL & MORRELL INC 123705 744.10 MYERS TIRE SUPPLY COMPAN 123706 122.20 NEXT DAY GOURMET 123707 159.21 NFPA INTERNATIONAL 123708 137.55 NOAA NATIONAL DATA CENTE 123709 34.00 NORTHEASTER 123710 291.60 NORTHERN WATER WORKS SUP 123711 1,532.50 O'REILLY/MIKE 123712 150.00 OFFICE DEPOT 123713 943.40 ONE-CALL CONCEPT-GOPHER 123714 428.30 ORKIN INC 123715 65.65 PEPSI-COLA-7 UP 123716 311.50 PIONEER RIM & WHEEL CO. 123717 8.05 PLANT & FLANGED EQUIP CO 123718 1,715.24 PREMIUM WATERS INC 123719 38.60 PROSOURCE TECHNOLOGIES I 123720 12,341.49 QUALITY RESTORATION SERV 123721 17,310.18 QUICKSILVER EXPRESS LOUR 123722 98.50 RANDOM HOUSE, INC 123723 460.60 RAPIT PRINTING - NEW BRI 123724 151.16 RDO EQUIPMENT 123725 24.12 ROSEDALE CHEV 123726 48.07 ROYAL TIRE 123727 1,017.07 S & T OFFICE PRODUCTS IN 123728 359.49 SCHELEN GRAY ELECTRIC 123729 138.40 SCHINDLER ELEVATOR CORP 123730 269.19 SCRANTON GILLETTE COMM 123731 45.00 SECURITY FENCE & CONSTRU 123732 2,400.00 SERVICE LIGHTING 123733 718.74 SHANK CONSTRUCTORS INC 123734 4,686.51 SHORT ELLIOT HENDRZCKSON 123735 105.40 STANWAY EXCAVATING 123736 447.30 STAR TRIBUNE 123737 592.00 STOPTECH LTD 123738 324.82 STREICHER'S GUN'S INC/DO 123739 799.95 SUMMIT FIRE PROTECTION C 123740 400.00 121 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CTTY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 10 11J26/2007 COUNCIL LISTING SUN PUBLICATION INC TENNANT COMPANY THOMSON GALE TOXALERT, INC. TULL BEARING UPSTART- DIVISION OF HIG VERIZON WIRELESS VOSS LIGHTING WATER SHED PARTNERS WEIGMAN/DANA XCEL ENERGY ZARNOTH BRUSH WORKS, INC ZIEGLER INC 3M CHECK NUMBER AMOUNT 123741 971.73 123742 131.00 123743 541.98 123744 228.00 123745 24.11 123746 29.35 123747 56.57 123748 96.23 123749 1,500.00 123750 23.36 123751 28.08 123752 1,494.20 123753 1,733.92 123754 7,704.07 2,317,847.02 *** 122 ACS FINANCIAL SYSTEM 11/20/2007 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 11 11/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 2,317,847,02 RECORDS PRINTED - 001581 123 ACS FINANCIAL SYSTEM 11/2 0/2007 13:30:32 Check History FUND RECAP: FUND ---- DESCRIPTION ----°-°--------------------- DISBURSEMENTS 101 GENERAL 104,378.33 201 COMMUNITY DEVELOPMENT FUND 10,405.15 203 PARKVIEW VILLA NORTH 3.20 212 STATE AID MAINTENANCE 5,645.41 213 PARKVIEW VILLA SOUTH 1.60 225 CABLE TELEVISION 198.59 240 LIBRARY 25,180.38 250 COL HGHTS AFTER SCHOOL ENRI 20.00 261 TWENTY-FIRST CENTURY PROGRAM 904.64 270 DARE PROJECT 2,238.46 342 EDA LEASE REV BONDS 2007A 12,757.31 370 TIF S7: HSG & REDV TIF DISTl 40.50 372 HUSET PARK AREA TIF (T6) 911.67 376 TAX INCREMENT BONDS 81.00 377 SHEFFIELD - TIF (M8) 40.50 379 HOUSING TIF #1 SCATTER 81.00 385 MULTI-USE REDEVELOPMENT PLAN 40.50 386 HOUSING TIF #2 40.50 389 RS:TRANSITION BLK REDEVELOP 40.50 412 CAPITAL IMPROVEMENT PARKS 6,906.87 415 CAPITAL IMPRVMT - PIR PROJ 349,918.82 418 COMMUNITY CTR CAPITAL BLDG 11,355.04 420 CAP IMPROVEMENT-DEVELOPMENT 31,548.16 430 INFRASTRUCTURE FUND 4,550.00 431 CAP EQUIP REPLACE-GENERAL 70,935.38 433 CAP EQUIP REPLACE-WATER 3,940.50 436 CAPITAL EQUIP REPLACE-LIQUOR 2,848.49 439 FIRE CAPITAL EQUIPMENT 13,628.04 601 WATER UTILITY 185,014.15 602 SEWER UTILITY 141,288.21 603 REFUSE FUND 181,421.47 604 STORM SEWER UTILITY 7,504.33 609 LIQUOR 277,488.45 651 WATER CONSTRUCTION FUND 17,548.30 652 SEWER CONSTRUCTION FUND 954.91 701 CENTRAL GARAGE 45,879.23 720 DATA PROCESSING 4,953.69 875 FISCAL AGENCY: GIS RANGER 13,126.05 880 PERMIT SURCHARGE 3,687.75 881 CONTRIBUTED PROJECTS-REC 336.60 884 INSURANCE 54,971.32 885 PAYROLL FUND 249,869.27 886 INVESTMENT FUND 475,000.00 887 FLEX BENEFIT FUND 162.75 TOTAL ALL FUNDS 2,317,847.02 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 124 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- 125 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2007 13:30:32 Check History GL060S-V06.74 RECAPPAGE GL540R BANK RECAP: BANK NAME ---- ---------------------------- BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 2,317,847.02 2,317,847.02 126 COLUMBIA HEIGHTS -CITY COUNCIL LETTER AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Meeting date: Fire No. ITEM: Second Reading of Ordinance No.1532, the BY: Gary Gorman Property Maintenance Code No: DATE: November 26, 2007 Background: The current Residential Maintenance Code, Chapter SA of City Code, was adopted in 1989 for the maintenance of residential properties and the licensing of residential rental properties. This code was based on the 1985 Uniform Housing Code and even with occasional updates the Code has become outdated. The proposed Property Maintenance Code is based on the 2003 International Property Maintenance Code and incorporates many other sections of City Code. Recommendation: Staff recommends the replacement of the current Housing Maintenance Code with the proposed Property Maintenance Code. The proposed code would continue to cover the maintenance of all residential property and the licensing of residential rental property. The biggest change of this proposal is that it would cover the maintenance and licensing of all non-residential. property. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1532, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1532, being an Ordinance adopting the Property Maintenance Code. COUNCIL ACTION: 127 ORDINANCE NO. 1532 BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter SA, of ordinance No. 1490, City Code of 2005, Housing Maintenance Code is hereby repealed and replaced with: Article L GENERAL PROVISIONS IL MINIMUM STANDARDS III. INSPECTION AND ENFORCEMENT IV. LICENSING V. REMEDIES VI. VIOLATIONS AND PENALTIES ~.. I Section SA.101 Statement of purpose SA.102 Applicability SA.103 Definitions § SA.101 STATEII~IENT OF PURPOSE. (A) These regulations shall be known as the Property Maintenance Code of The City of Columbia Heights hereinafter refereed to as "this code". (B) The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (C) This code shall be construed to secure its expressed intent, which is to protect the character and stability of all premises within the city; to correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; to provide minimum standards for the maintenance of existing properly and to thus prevent substandard property and blight; and to preserve the value of land and buildings throughout the city. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. 128 (D) If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (E) With respect to disputes between property owners (owners) and tenants, and except as otherwise specifically provided by terms of this Code, the City Council (Council) will not intrude upon the accepted contractual relationships between owners and tenants. The Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from owners or tenants, which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. § 5A.102 APPLICABILITY. (A) The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. (B) Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (C) Repairs, additions or alterations to a structure, or changes of occupancy, shall. be completed in accordance with the procedures and provisions of the Minnesota State Building Code, Minnesota State Fire Code, and City Code. (D) The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. (E) Repairs, maintenance work, alterations or installations which are caused, directly or indirectly, by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. (F) Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. (G) The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal. liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an 2 129 action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall. be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. § SA.IQ3 DEFINITIONS. (A) For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORYSTRUCTURE. A building or structure subordinate to the main or principal structure which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. APARTMENT UNIT. Apartment or apartment unit, has the same meaning as Dwelling Unit within this code. APPROVED. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota, City Code and code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A group of fixtures consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same floor level. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. CITY. The City of Columbia Heights. CITY COUNCIL. The City Council, which is the governing authority of the City of Columbia. Heights. CLEAN. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COUNCIL. Same meaning as CITY COUNCIL. DWELLING. A structure or pol-tion thereof used, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes. Does not include rooms in motels, hotels, nursing homes, trailers, tents, cabins, or trailer coaches. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EXIT. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit access, exit enclosures, exit discharge, exit courts and yards. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners, or operators of such premises. 130 EXTERMINATION. The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. FAMILY. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities. FENCE. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. FUNCTIONING. In such physical condition as to safely perform the service or services for which an item is designed or intended. GARBAGE. As defined in Chapter 8, Article III of City Code. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOT WATER. Water heated to a temperature of not less than 110° Fahrenheit, measured at faucet outlet. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory, and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life- threatening injury or death at any time. INFESTATION. The presence within or around a dwelling or dwelling unit of any insect, bird, rodent, vermin or other pest. KITCHEN. An area used, or designated to be used, for the preparation of food. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. LANDSCAPE. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishing's. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. MECHANICAL EQUIPMENT. A system specifically addresses and regulated in this code and composed of components, devices, appliances and equipment including, but not limited to, heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. 4 131 OCCUPANCY. The purpose for which a building or portion. thereof is utilized or occupied OCCUPANT. Any person (including owner or operator) living in, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. PREMISES. A lot, or parcel of land, easement or public way, including any structures thereon. PROPERTYMAINTENANCE CODE. Chapter SA of this City Code together with the brternatiorral Property Mazraterrarrce Code, 2006 Edition, as amended, International Code Conference. PROPERTYMAINTENANCE ENFORCEMENT OFFICER. Agent designated by the City Manager to enforce provisions of the property maintenance code. PUBLIC HALL. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. RENTAL, Same meaning as LET FOR OCCUPANCY OR LET. REPAIR. Shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as the replacement by new items. REPLACE or REPLACEMENT. To remove an existing or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. RETAINING WALL. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. RODENT HARBORAGE. A place where rodents commonly live, nest, or establish their habitat. ROOMING HOUSES. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH. As defined in Chapter 8, Article III of City Code. 132 SAFE. The condition of being free from danger and hazards which may cause accidents or disease. SCREENING. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50% of the total perimeter, or more than eight feet below grade, as defined herein, at any point. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. UNSAFE. A condition or a combination of conditions which are dangerous or hazardous to persons or property. UNSANITARY. Conditions which are dangerous or hazardous to the health of persons. VEHICLE or MOTOR VEHICLE. As defined in Minnesota State Statute 169.01. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewage system or other approved water supply and sewer system. WORI~NIANLIKE. Executed in a skilled and professional manner including obtaining all necessary City/State permits, inspections, approvals of the authority having jurisdiction, adherence to all applicable codes, installation to manufacturer's specifications, the use of proper materials for designed purposes, installation to current architectural or engineering standards, surfaces (material, color, texture) to conform to current surrounding areas, and all work shall be generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. (B) Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit," "structure," or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." (C) Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plu- ral and the plural, the singular. (D) Where terms are not defined in this code and are defined in the Minnesota Stute Bz,aildirag Code, Minnesota State Fire Code, or- City Code, such terms shall have the meanings ascribed to them as in those codes. (E) Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 6 133 ~.. Section SA.201 SA.202 SA.203 SA.204 SA.205 SA.206 SA.207 SA.208 SA.209 SA.210 SA.211 SA.212 Basic equipment and facilities Exterior Property Areas Exterior Structure Interior Structure Rubbish, Garbage, Recycling, and Composting Occupancy Limitations Light Ventilation Plumbing Heating and Mechanical Electrical Fire Safety § SA.201 BASIC EQUIPIYIENT AND FACILITIES. (A) Occupancies shall meet the minimum requirements for basic equipment and facilities as set forth in the Minnesota State Building Code, Minnesota State Fire Code, and City Code for the type of occupancy. (B) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied premises except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. No premises may use the utilities, services or facility equipment of another premises after their utility, service or facility equipment has been removed or shut off unless it is with the permission of the Building Official. (C) Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal or legal non- conforming at the time of the adoption of the Code, provided such continued use is not dangerous to life. Non-confornlities shall follow the requirements of Chapter 9, Article 1 of City Code. ~ SA.202 EXTERItJR PROPERTI' AREAS. (A) Scznitatiora. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. (B) Outside Storage. Outside storage of articles including, but not limited to, equipment, construction materials, excess soil, garbage, rubbish, yard waste, recyclables, hazardous waste, items not designed for exterior use, and maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Storage containers including, but not limited to, trailers, semi trailers, cargo containers, PODS, and dumpsters, are not allowed as permanent storage structures. The use of these types of 134 storage containers for temporary use, up to sixty consecutive days, is allowed by meeting all requirements of City Code. (C) Gradi~tg and Drainage. A11 premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Drainage from a property shall not adversely affect adjoining premises. (D) Ground Cover. All exposed ground area surrounding the principle structure and accessory structures, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. Ground cover areas shall be maintained free of weeds, trash, yard waste, garbage and outside storage. No landscaped area shall be used for the parking of automobiles, trucks, sport utility vehicles, buses, vans, trailers, campers, motor-homes, boats, motorcycles, personal watercraft, motorized construction equipment, snowmobiles, all terrain vehicles, and agricultural tractors/equipment or the storage or display of materials, supplies or merchandise. Materials used for landscaping, including but not limited to, stone, brick, wood, edging materials, plastic, weed barriers shall be maintained. Damaged or deteriorated materials shall be repaired or replaced. (E) Slopes and Ber•rns. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special ground covers or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (F) Trees and Weeds. All exterior property and premises shall be maintained free from diseased, dead and hazardous trees, noxious weeds, and long grass per Chapter 4, Article II of City Code herein adopted by reference, and this code. (G) Maintenance. All diseased, dead, and hazardous trees, shrubs, ground covers, and sod shall be removed and/or replaced in accordance with this code. All trees, or other vegetation, which spring up in crevices by foundations and along walls and fences, must be promptly removed to avoid structural damage. Tall weeds or grass shall not be allowed to grow to a height greater than allowed in Chapter 4, Article II of City Code. Inspectors may grant an exception for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses, other such areas that are part of an orderly landscape, and other vegetation as the Council shall, from time to time designate by resolution. These exceptions shall be maintained weed free and confined to the designated area. Orderly landscape areas do not include yard/lawn areas that are sodded where other types of vegetation are allowed to freely grow in it. (H) Tree Stacmps. All. tree stumps shall be removed to four inches below the surface of the ground, including root extensions. Stump debris shall be removed and the hole filled in to match the surrounding area. .Stumps that are to be used for other purposes including, but not limited to, art, furniture, and landscaping shall be separated from the root system. The remaining stump/roots shall be removed as outlined above. (I) Fire Wood. The accumulation of twigs, branches, leaves, and trunk sections are not allowed. Firewood is allowed if it is cut to fireplace length split, neatly stacked in a-ear yards only, and is placed in an area that does not promote rodent harborage or the deterioration of adjacent surfaces and does not adversely affect adjoining premises. No more than 400 cubic feet of stored firewood allowed per premises. 8 135 (J) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of--way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (K) Sidewalks, Parking, and Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Hazardous conditions include, but are not limited to, the accumulation of snow, ice and debris, deteriorated, broken, uneven and missing pavement and the growth of vegetation in cracks and crevices. All off street parking areas, all driveways leading to such parking areas and all other areas upon which vehicles may be located shall be hard surfaced and shall conform to Chapter 9, Section I of City Code. Driveway and parking areas that are currently hard surfaced, but do not meet all of the current requirements, can maintain the legal non- conforming driveway and parking areas until such time as the hard surface is damaged, deteriorated, or replaced. At which time driveway and parking areas shall be reconstructed to the current requirements of Chapter 9, Section I of City Code. Premises that have handicap accessible parking shall. maintain the required handicap parking per the State Building Code. (L) Infestation. All structures and exterior properly shall be kept free from insect, bird and rodent infestation. All structures in which insects, birds or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re- infestation. No owner or occupant of a premises shall accumulate or permit the accumulation of any materials in such a manner that may provide insect, bird and rodent harborage, or serve as food for same, in or about structures or premises. (M) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, water, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (N) Accessory Structures. All accessory structures, including detached garages, storage buildings and sheds, shall be maintained structurally sound and in good repair per Section SA.203. (O) Fences, Free Standing Walls, and Retaining Walls. All fences, free standing walls, and retaining walls shall be constructed and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code and maintained per section SA.203. (F) Jirnk Vehicles and Abandoned Motor Vehicles. Junk vehicles and abandoned motor vehicles shall conform to the requirements of Chapter 7, Article II of City Code incorporated herein. Vehicles that are inoperative and are awaiting repairs on the premises of an approved repair or body shop occupancy or their storage areas may be inoperative up to seven days. Junk or abandoned vehicles that are taken, or impounded, due to a legal process may be stored on a premises that meets City zoning for this type of storage, for up to two weeks after the legal holding time or process is complete. Painting of vehicles is prohibited unless conducted inside an approved spray booth. A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for 9 136 such occupancy through the Minnesota State Building Code, Minnesota State Fire Code and meeting City zoning regulations. (Q) Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair per section 8.204(R) of City Code. (R) Swirnrnin~- pools. Swimming pools, spas and hot tubs, including all required fencing and safety features, shall be maintained in a clean and sanitary condition, and in good repair. Swimming pools, spas, and hot tubs shall conform to Chapter 6, Article V of the City Code incorporated herein by reference. (S) Pets. Exterior of premises where animals are allowed to roam, including caged areas and pens, shall be maintained free of an accumulation of animal waste, bedding materials and food that would attract insects, rodents, or any other vermin and cause an odor that would adversely affect adjoining properties. §5A.203 EXTERIOR S'T'RUCTURE. (A) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a tlueat to the public health, safety or welfare. (B) Protective Treatment. All exterior surfaces, including but not limited to, siding, doors, door and window frames, cornices, porches, trim, balconies, signs (including pilon and monument), canopies, lighting, posts/poles, decks, retaining walls and fences shall be maintained in good condition.. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Rotting and deteriorated surfaces shall be replaced. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such 1-ust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and con osion. Oxidation stains shall be removed from exterior sur- faces. Surfaces designed for stabilization by oxidation are exempt from this requirement. If any structure is remove or demolished for any purpose, all parts of the demolished structure are to be removed, including utilities, foundations and footings, unless those parts are to be reused for a new structure and is approved by the Building Official. (C) Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. Where applicable, buildings shall also have approved address numbers placed in a position to be plainly legible and visible from streets and alleys to the rear of properties. These numbers shall be Arabic numerals of a contrasting color to their background. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (D) Strrrctrrral Members. All structural members shall be maintained free fiom deterioration, and shall be capable of safely supporting the imposed dead and live loads. 10 137 (E) Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the enhy of rodents and other pests. (F} Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (G) Rodent Proof. Each part of every structure shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs shall be rodent-proofed in an approved manner. (H) Roofs and D~°ainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roofing materials that have deteriorated or are damaged shall be replaced. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance, or adversely affects adjoining premises. (I) Decorative Feata~res. All cornices, belt courses, corbels, terra cotta trim., wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (J) Overhang Extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (K) Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage, capable of supporting the imposed loads and to the requirements of section SA.204(D). (L) Chimneys arad Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (M) Handrails and Guaj•ds. Every handrail and guard shall be installed and maintained per section SA.204F. (N) Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (O) Gla.~irtg. All glazing materials shall be maintained free from cracks and holes. Glazing that is replaced shall be replaced with safety glazing where required by the State Building Code. (P) Operable Windows. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below, that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with window sash locking devices. 11 138 (Q) Insect Screens. During the period from May 1 to September 30, every openable window and other outside openings required for ventilation shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm). Screens shall be maintained tight fitting and free of tears or holes. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Window units that have a permanent screen as part of the window unit are required to maintain the screen year round. (R) Doors. All exterior doors, door assemblies and hardware shall be maintained in good working condition. Doors shall be maintained free of defects, holes, or damage, shall fit reasonably well within its frame, shall be capable of being easily opened and closed, and shall be properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with the State Building Code and State Fire Code. All rated interior and exterior doors and assemblies, per the Minnesota State Building Code and Minnesota State Fire code, shall be maintained at the intended rating. Doors and assemblies that need to be replaced due to damage or deterioration shall be replaced with doors and assemblies that meet the intended rating. (S) Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. (T) Guards for Basement Windows. Every basement window that is openable shall be supplied with rodent shields, storm windows, screens or other approved protection against the entry of rodents. (U) Building Security. Doors, windows or hatchways for dwelling units, rooming units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall have a lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit only by the turning of a knob or a lever and without the use of a key, tool, combination thereof or any other special knowledge or effort. In buildings of four or more dwelling units, rooming units or housekeeping units that are rented, leased or let and where access to the individual dwelling units are gained through a common corridor or building entrance, an approved security system to control access shall be installed and maintained. The security system shall consist of locked building entrance or foyer doors. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that is permanently locked. A communication system or device such 12 139 as an intercom, telephone, audible bell or buzzer or other approved means of making contact with the individual dwelling unit tenants must be provided and maintained. § 5A.204 I1;ITERIOR STRUCTURE. (A) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure, which they occupy or control, in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. (B) Strrrctrrral Membef s. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (C) Inter°ior~ Surfaces. All interior surfaces, including windows and doors, shall be maintained ui good, clean, sanitary and weatherproofed condition. Peeling, chipping, flaking or abraded paint or other surface coverings shall be repaired, removed or covered. Cracked or loose plaster, hales, decayed wood and other damaged or defective surface conditions shall be corrected. Interior surfaces may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. All interior surfaces shall be protected against the passage and harborage of vermin and rodents. Interior surfaces that are part of a fire rated assembly shall be maintained to the intended rating. Mold shall be removed from all surfaces and sub-surfaces. The cause of the mold shall be found and abated to prevent reoccurrence. Standing water and water damage shall be investigated to find and abate the source. Surfaces that are wet and/or damaged from water shall be thoroughly dried, cleaned or replaced. (D) Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition, free of hazards, and in good repair. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs shall have handrails which conform to the standards set forth in the Minnesota State Building Code. Every porch, balcony or deck which is more than 30 inches high shall have a guardrail installed and maintained to Section SA.205(F). No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating surfaces and supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. (E) brterior Doors. Interior doors shall be maintained free of defects, holes, or damage. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Door hardware shall be maintained in working condition. (F) Guards and Handrails. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Handrails and guards shall be installed and maintained to the requirements of 13 140 the Minnesota State Building Code and Minnesota State Fire Code. (G) Pets. Interior of structures where animals are allowed to roam, including cages, caged areas, and litter boxes shall be maintained free of an accumulation of animal waste that may cause an odor that could affect the health of the animal and residents and adversely affect adjoining spaces or dwelling units. ~ SA.205 RUBBISH, GARBAGE, RECYCLING, and COMPOSTING. (A) Acczanzzzlation of Rzzbbish oz- Gay°bage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (B) Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner as established by City Code. Rubbish, garbage, recycling, yard waste, and appliances shall not be placed on the curb line more than 24 hours prior to scheduled collection or be left on the curb line more than 24 hours after scheduled collection. (C) Rzzbbish, Garbczge, Recycling, arzd Composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter S, Article III of the Columbia Heights City Code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of MN Statute 609.675. (D) Contaizzez~ Storage. The storage of garbage and recycling, and their containers, is not allowed in any public area inside of structures unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code. (E) Scz-eezzing. All dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. Screening shall consist of any combination of earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural. materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent opacity year-round. SA,206 OCCUPANCY LIMITATIONS. (A) Occupancy limitations for all non-residential properties shall be determined by the type of occupancy and the occupant load limits set by the Minnesota State Building Code and Minnesota State Fire Code. (B) Permissible occupancy of rental dwelling unit. The maximum permissible occupancy of any legal or legal non-conforming rental dwelling unit at the time this code is adopted shall be determined as follows: (1) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 14 141 (C) The minimum permissible square footage of any new rental property, initially licensed after the adoption of this code, shall meet the minimum requirements of Section 9.106(D) of City Code. (D) In no event shall the total number of occupants exceed two times the number of bedrooms, in the rental dwelling unit. (E) In no event shall an occupant be allowed to sleep in a basement, or shall a bed, in a usable position, be present in a basement unless the space, through the City permit process, meets all requirements of the Minnesota State Building Code far use as a bedroom. (F) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Family is defined in Section 9.103 of City Code. § SA.207 LIGHT. (A) Non-residential Occrcparrcies. Lighting shall be installed and maintained to the requirements of the Minnesota State Building Code and City Code. (B) Residential Occrrparzcies. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m'). The exterior glazing area shall be based on the total floor area being served. (C) Common Hulls and Stair~~ays. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times. Where natural light is not sufficient, common halls and stairways are to be lighted with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m') of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). A minimum of 1 footcandle (11 lux) shall be provided on the exterior pathway from the structure to the parking areas and garages. In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. (D) Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 15 142 SA.?OS VENTILATION. (A} Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section SA.207(B). EYCeption: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the-interior room or space, but not less than 25 square feet (2.33 m'`). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (B) No~alaabitable Spaces. Laundry rooms, utility rooms, or other nonhabitable rooms shall contain a minimum total of openable window area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. (C) Bathrooms and Toilet ROOT72S. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section SA.208(A), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom. or toilet room shall discharge to the outdoors and shall not be recirculated. (D) Cooking Facilities. Ventilation of cooking facilities shall meet the requirements of the Minnesota State Building Code. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit unless specifically approved in writing by the code official. (E) Process Ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system, meeting the requirements of the Minnesota State Building Code, shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (F) Clothes Dryer Exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions and the Minnesota State Building Code. § SA.209 PLUL~ZI3ING. (A) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (B) Mininu~m Reyuir•ements. Each dwelling unit must contain: a. A kitchen sink. b. A counter or table for food preparation, cabinets and/or shelves for storage or eating, drinking, cooking equipment and utensils, and of food that does not require refrigeration for safekeeping that shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 16 143 c. An operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. d. A nonhabitable room which is equipped with a flush water closet in compliance with the Minnesota State Building Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces. e. A lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. Said lavatory sink shall be equipped with easily cleanable surfaces. f. A nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an enhance door which affords privacy. Said bathtub or shower shall be equipped with easily cleanable surfaces. (C) Fixture Clear~aizces. Plumbing fixtures shall have adequate clearances for usage and cleaning. (D) Plz.crnbing Svstem Hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. If at any time the waste side of the plumbing system backs up into a structure, thereby causing an unsanitary condition, the cause of the back up shall be investigated and abated. All surfaces and items contaminated shall be removed or cleaned and sterilized. The Building Official shall give final approval prior to occupancy of the contaminated space. (E) Water. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota State Building Code. (F) Co~itamirzation. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood- level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved 17 144 atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (G) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks (H) Water Heating Facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). Agas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided per the Minnesota State Building Code. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (I) Sewer. All plumbing fixtures shall be properly connected to a public sewer system. (J) Maintenance. Every plumbing stack, vent, waste, storm water pipes, and sewer lines shall function properly and be kept free from obstructions, leaks and defects. (K) Storm Drainage. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. ~ >A.210 HEATING AND MECHANICAL. (A) Heating Facilities Required. Heating facilities shall be provided in structures as required by this section. (B) Non-Residential Occupa~acies. All occupiable indoor workspaces shall be provided with heating facilities as required by the Minnesota State building Code. (C) Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F. in all habitable rooms, bathrooms and toilet rooms. Cooking or water heating appliances shall not be used to provide space heating to meet the requirements of this section. Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. No owner shall supply portable electric heaters to comply with this section. (D) Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a temperature of not less than 68 degrees F. in all habitable rooms, bathrooms, and toilet rooms. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. 18 145 (E) Roorn temperature measuc°ement. The required room temperatures shall be measured 3 feet above the floor level and 3 feet from exterior walls. (F} Nlecharaical Appliances. A11 mechanical appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (G) Removal of Combustion P~°oducts. A11 fuel-burning equipment and appliances shall be connected to an approved chimney or vent unless the fuel-burning equipment and appliances are labeled for unvented operation. (H) Clearances. All required clearances to combustible materials shall be maintained. (I) Safety Controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. (J) Combccstioca Air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. (K) Energy Coc~sec~vation Devices. Devices intended to reduce fuel consumption by attachment to afuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefore, shall not be installed unless labeled for such purpose and the installation is specifically approved by the Building Official. § 5A,211 ELECTRICAL. (A) Facilities Regccired. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section. (B) Sen~ice. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Minnesota State Building Code. As a minimum, existing dwelling units shall be served by a three- wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 am- peres. (C) Electrical System Hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. (D) Equipment. All. electrical equipment, wiring and appliances shall be installed and maintained to the Minnesota State Building Code. (E) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every kitchen and laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit inten-upter. Every water closet compartment and bathroom shall contain at least one receptacle with ground fault circuit inten-upter protection. (F) Lighting Fixaacres. Every interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, furnace room and public hall, shall contain at least one electric lighting fixture. 19 146 (G) Elevators, Drtimbwaiters and Escalator°s. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. (H) Dacct Svstems. Duct systems shall be maintained in a clean condition, free of obstructions and shall be capable of performing the required function. SA.212 FIRE SAFETY. (A) Scope. The provisions of the Minnesota State Fire Code and Minnesota State Building Code incorporated herein by reference, and City Code shall govern the minimum conditions and standards for fire safety relating to all premises. (B) Svstems. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be installed and maintained in an operable condition at all times in accordance with the Minnesota State Fire Code. (C) Smoke Alarms. Smoke alarms in dwellings, apartment houses, hotels, and lodging houses shall be installed and maintained to the requirements of State Statute 299F.362. (D) Carbon Monoxide Alarms. Minnesota Statute 299F.50 requires approved carbon monoxide (CO) alarms in all single-family homes and multifamily apartment units with effective dates as follows. 1. All new construction single-family homes and multi-family dwellings where building permits were issued on or after January 1, 2007. 2. All existing single-family homes effective August 1, 2008. 3. All existing multi-family or apartment dwelling units effective August 1, 2009. (E) Carbon Monoxide Alurm Regatirements. The installation, maintenance, duties and exceptions for carbon monoxide alarms shall be as required by State Statute 299F.50 and 299F.51. (F} Storage. All storage in mechanical, utility, boiler, fire suppression and laundry rooms shall conform to the requirements of the Minnesota State Fire Code for all non-residential properties and all residential properties of three or more dwelling units. In occupancies that have separate storage rooms, storage shall be maintained in an orderly manner with aisle ways to all parts of the room. Where storage lockers are provided no storage is allowed outside of the lockers and the lockers are required to be locked at all. times. In one and two family dwellings storage shall be maintained in an orderly manner with a minimum 36- inch clearance from all fuel burning and electrical appliances. 20 147 (G) Havar°dotrs storage. Hazardous items such as, but not limited to, tires, flammable gas/liquid containers, power equipment with fuel, and explosives are not allowed to be stored in residential occupancies that are let for occupancy. Storage of these types of items in non-residential occupancies shall meet the requirements of the Minnesota State Fire Code. (H) Erterasion cords. The use of extension cords and multi-plug type of adapters shall meet the requirements of the Minnesota State Fire Code. ~ ~.» Section SA.301 SA.302 SA.303 SA.304 SA.305 SA.306 SA.307 Enforcement and inspection authority Inspection access Inspections Compliance order Posting to prevent occupancy Right of appeal Board of Appeals ~ SA.3flI ENFORCEI~IENT Al'~D INSPECTION AUTHORITY. The City Manager and his designated agents shall be the Property Maintenance Enforcement Officer who shall administer and enforce the provisions of the chapter. Inspections shall be conducted during reasonable hours, and, upon request the Properly Maintenance Enforcement Officer shall present evidence of his official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. ~ SA.3fl2 INSPECTION ACCESS. If an owner, occupant or other person in charge of a premises fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this article, the Property Maintenance Enforcement Officer may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such premises, petition and obtain an order to inspect andlor search wan ant from a court of competent jurisdiction. ~ SA.3fl3 INSPECTIONS. Premises shall be inspected in accordance with the City's "Property Maintenance Inspection Policy," 21 148 § SA.304 COMPLIANCE ORDER. (A) Whenever the Property Maintenance Enforcement Officer determines that any premises fails to meet the provisions of this chapter, he may issue a compliance order setting forth the violations of the chapter and ordering the owner, occupant, operator, or agent to correct such violations. The compliance order shall: (1) Be in writing; (2) Describe the location and nature of the violations of this code; (3) Establish a reasonable time, per the Property Maintenance Inspection Policy, for the correction of such violation; (4) Advise the person to whom the notice is directed of the right to appeal; and (5) Be served upon the owner, agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (a) Served upon them personally; (b) Sent by mail to the address given in the most recent occupancy license application on file; (c) Sent by mail to their last known address; or (d) Upon failure to effect notice through subdivisions (a) thru (c) as set out in this section, posted at a conspicuous place in or about the premises which is affected by the notice. (B) Upon correction of all Property Maintenance Code violations as set forth in the compliance order, the Property Maintenance Enforcement Officer shall, upon request of the owner or landlord, occupant, operator or agent issue a written statement that all violations have been con•ected in accordance with the property maintenance code. § 5A.305 POSTING TO PREVENT OCCUPANCY. The Property Maintenance Enforcement Officer may post any building, structure or premises covered by this article as being in direct violation of the chapter preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 45 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Property Maintenance Enforcement Officer or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. ~ SA.306 R1GHT OF APPEAL. When a person to whom a compliance order is directed alleges that such compliance order is based upon erroneous interpretation of the chapter or upon a misstatement or mistake of fact, such person may appeal. 22 149 ~ 5A.307 BOARD OF APPEALS. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within the time given, on the original violation notice, for the correction of violations. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. If proper application is made and fees paid, a hearing will be scheduled with the Board of Appeals. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be properly notified of the public hearing and shall be given an opportunity to be heard. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. Section SA.401 License required SA.402 License procedures SA.403 Application and inspection SA.404 Issuance of rental housing license SA.405 License display SA.406 License transfer SA.407 License renewal SA.408 Suspension or revocation SA.409 License fees SA.410 Conduct on licensed premises SA.411 Background checks SA.40i OCCUPANCY LICENSE REQUIRED. No person, firm., government agency or corporation shall own a premises that is rented, leased, let, or used for any type of occupancy in the city without having first obtained an Occupancy License (license) as hereinafter provided and outlined in the Property Maintenance Inspection Policy. Each such licensee shall register annually with the City. If the license is denied, no occupancy of a premises, then vacant or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this chapter may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Exception: Owner occupied single-family home occupancies. 23 150 § SA.-102 OCCUPANCY LICENSE PROCEDURES. (A) Thirty days after the passage of this chapter, the owner of any premises within the city not previously licensed, or, the owner of any premises whose license expires subsequent to said thirty days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed properly. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In non-residential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off-street parking spaces available. (7) Name and address of person to whom owner/applicant wishes a letters/notices to be sent for purposes of § SA.304(A). (8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access numbers to be used in emergency situations and emergency maintenance anal repair. The owner must provide the city with any contact information changes occur-ing within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (9) Such. other information. as the administrative service shall require. The information may include, but is not limited to tenant lists which include tenant's name, unit, and identifying information (i.e., date of birth and driver's license number). (10) The owner must submit verification that the Crime Free/Drug Free and Disorderly Use language required by section SA.410 is contained in the licensed property tenant lease or leases. (D) Failure to complete, in full, the required license application shall be grounds for denial of the license. 24 151 (E) Dwellings for hire where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother- in-law, sister, sister-in-law, aunt or uncle are eligible for a family exemption per the Property Maintenance Code Inspection Policy. ~ SA.403 APPLICATION AND INSPECTION. When required in accordance with the City's "Property Maintenance Inspection Policy" the Property Maintenance Enforcement Officer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the code prior to issuance of an occupancy license. § SA.404 ISSUANCE OF OCCUPANCY LICENSE. If the premises is in compliance with the requirements of the code, a license shall be issued to the present owner, occupant or agent and shall state that the structure/space has been inspected and is in compliance with the requirements of the code. If the city finds that the circumstances of occupancy following the issuance of the license involve an occupancy change, complaint, possible code violations, substandard maintenance or abnormal wear and tear, the city may again inspect the premises during the licensing period. ~ SA.405 OCCUPANCY LICENSE DISPLAY. A license issued under this chapter may be conspicuously displayed on the premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant, current tenant or the Property Maintenance Enforcement Officer or his authorized representative. § SA.406 OCCUPANCY LICENSE TRANSFER. The license is transferable upon application to the Property Maintenance Enforcement Officer and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the premises. The amount of the transfer fee shall be set by Resolution of the Council. It shall be unlawful for the owner of any premises who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and 25 152 fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. ~ SA.407 OCCUPANCY LICENSE RENEWAL. (A} All occupancy licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this code, may be made by: (1) Completing the renewal application furnished to the owner, operator, or agent of the premises, by the Property Maintenance Enforcement Officer; (2) Mailing the renewal application and the required fees to the Property Maintenance Enforcement Officer; and (3) Successful completion of the Property Maintenance Code inspection as required by § SA.303. (B) Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the premises has occurred in the last licensing year. § SA.408 SUSPENSION OR REVOCATION. (A) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this chapter. Reinstatement of a suspended or revoked license shall be accompanied by a fee in an amount set by Council Resolution.. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. (B) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (1) The City, through its Property Maintenance Enforcement Officer, provide the licensee with a written. statement or reasons or causes for the proposed Council action together with a notice for public hearing. (2) The Council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (3) The Property Maintenance Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. (C) A violation of any provision of this chapter or of State Law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine. 26 153 (D) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. (E} Any person or owner who has had an interest in two (2) or more licenses revoked pursuant to this code shall be ineligible to hold or have an interest in an occupancy license for a period of five (5) years. § SA.409 LICENSE FEES. License fees, license transfer fees, license reinstatement fees, inspection fees and reinspection fees shall be established by Council Resolution. § _5A.410 CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, Crime Free/Drug Free and Disorderly Use language: (1) Crime Free/Drug Free (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly Use (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or 27 154 disorderly conduct; and violations of the Columbia Heights City Code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous twelve month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions (a) The term "criminal activity" means prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. (b) The term "drug related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non-Exclusive Remedies. (a) The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the Crime Free/Drug Free provisions of Subsection (A) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (E) If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. 28 155 (F) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (G) The provisions of Subsections (c), (d), (e) and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (A)(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term "domestic abuse" has the meaning given in Minn. Stat. §518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in SA.408. ~ SA.411 BACKGROUND CHECKS. For the protection of local residents, property owners, tenants, and the overall public safety of the community, the Police Department is hereby authorized to conduct Minnesota criminal history checks for the purpose of screening potential tenants of real property, subject to the following conditions: (A) A request is made by the property owner/landlord in writing; (B) A signed consent form from the subject of the check is received by the Police Department; (C) Authorization is received from the subject of the check to release said information to the property owner/landlord; (D) The purpose and use of said information is solely for assisting in the screening of potential tenants. Section SA.501 Hazardous building declaration SA.502 Secure unfit and vacated dwellings SA.503 Demolition SA.504 Failure to comply SA.505 Remedies cumulative SA.506 Cost recovery 29 156 § SA.501 HAZARDOUS BUILDING DECLARATION. In the event that a premises has been declared unfit for human habitation and the owner/tenant has not remedied the effects within a prescribed reasonable time, the premises may be declared hazardous and treated in accordance with the provisions of Minnesota Statutes. (A) Unsafe strz,~ctures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (B) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure; (C) Strt~~ctz~cre t~mfit for- human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, contains a large accumulation of storage or debris which causes a dangerous increase to the fire load and prevents the normal use of equipment within the structure, vermin infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (D) Unlawful stfzicture. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to City Code. SA.502 SECURE UNFIT AND VACATED STRUCTURES. (A) Closing of vacant stYUCtr yes. If the shucture is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and notify the owner, to order the structure closed up so as not to constitute a public nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons. Cost to close and secure structures shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. (B) Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment. (C) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the 30 157 premises or on defective equipment a placard condemning the structure or equipment and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (D) Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. (E) Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. ~ SA.503 DEMOLITION. The demolition of hazardous structures shall be in accordance with Minnesota State Statute 463.00. § SA.50-1 hAILURE TO COMPLY. Upon failure to comply with a compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with M.S. Chapter 429, as it may be amended from time to time, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment unless a different payment schedule is authorized by Council Resolution. The intent of this section is to authorize the city to utilize all of the provisions of this code and of Minnesota law to protect the public's health, safety and general welfare. ~ SA.505 REMEDIES CUMULATIVE. Any remedies pursued under §§ SA.501 to SA.503, are in addition to the remedies or penalties prescribed under §§ SA.601 to SA.602. § SA.506 COST RECOVERY. (A) The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses authorized by the Property Maintenance Code pursuant to the provisions of the Columbia Heights City Charter. 31 158 (B} The Clerk shall establish a separate improvement fund for the administration of Property Maintenance Code charges. The costs related to the Property Maintenance Code shall be certified annually by the Property Maintenance Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (E) The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. 0 ~. Section SA.601 Violations SA.602 Penalty ~ SA.601 VI®LATI®NS. (A) No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any premises, or any part of a premises, which is in violation of Chapter SA, Article II (§§ SA.201 et seq.), maintenance standard. (B) No person, firm or corporation shall operate a premises without a license issued pursuant to this chapter or accept payments from a tenant of any unlicensed premises which payment is for occupancy for a period during which the premises is not licensed pursuant to this chapter. (C) No person, firm, corporation or licensee shall refuse or fail. to allow the Property Maintenance Enforcement Officer to enter a premises pursuant to an administrative search wan-ant for the purposes of inspection when authorized by this chapter. (D) No person, firm, corporation or licensee shall fail or refuse to obey a compliance order validly issued under this code. (E) No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. (F) No person who is an occupant of an occupancy shall cause the premises on which an occupancy is located to become in violation of any of the maintenance standards set forth in Chapter SA, Article II (§~ SA.201 et seq.), normal wear and tear excepted. (G) No person shall occupy a premises if such premises is required to be licensed under this chapter. (H) No person may occupy a premises posted pursuant to ~ SA.304. (I) No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this chapter. 32 159 ~ SA.602 PENALTY. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter is guilty of a misdemeanor, unless herein specifically noted. Each day that a violation exists shall constitute a separate offense. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 22, 2007 Second Reading: November 26, 2007 Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 33 160 CITY COUNCIL LETTER Meeting of November 26 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 14, 2007 DATE: NO: 07-226 to 07-234 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2007-226 - 1401-03 Parkview Lane 2007-227 - 961 37`h Avenue 2007-228 - 4124 5`h Street 2007-229 - 1000 Peters Place 2007-230 - 1008-10 Gould Avenue 2007-231 - 563 38`" Avenue 2007-232 - 3806 Jackson Street 2007-233 - 4639-41 Washington Street 2007-234 - 4151 Stinson Blvd 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 2007-226, 2007-227, 2007-228, 2007-229, 2007-230, 2007-231, 2007- 232, 2007-233, 2007-234 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-226, 2007-227, 2007-228, 2007-229, 2007-230, 2007-231, 2007-232, 2007-233, 2007-234 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: 161 RESOLUTION 2007-226 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 Jose Alonso (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Parkview Lane 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 October 17, 2007 of an public hearing to be held on November 26, 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 September 14, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted ten violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 17, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental. housing license application. 3. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that eight violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential. Maintenance Code were found to exist, to- wit: a. Shall clean out the gutter full of debris b. Shall remove the junk vehicle from the property c. Shall repair the broken wood fence d. Shall repair the torn shingles on the shed e. Shall remove the dirt pile in the back yard f. Shall repair the stucco around the egress window g. Shall repair the torn screens on the building h. 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 162 1. The rental license belonging to the License Holder described herein and identified by license number F8208 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 163 RESOLUTION 2007-227 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 Charlie Vanderlinden (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 961 37t" 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 November 8, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 1, 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 November 8, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall remove the brush pile next to the garage, inside the fence b. Shall remove alUany scrub growth around the yard and the fence area 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 The rental license belonging to the License Holder described herein and identified by license number F8714 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. 164 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 Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 165 RESOLUTION 2007-228 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 Michael Nehmzow (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4124 5`" 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 October 18, 2007 of an public hearing to be held on November 26, 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 September 6, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty-tluee violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 18, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted twenty-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 November 14, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that twenty-two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential. Maintenance Code were found to exist, to- wit: a. Shall repair the sheetrock in the kitchen b. Shall install a working smoke detector in the basement c. Shall remove all animal feces in the basement and sanitize area to make clean and healthy d. Shall remove the double keyed deadbolt lock on the back door e. Shall install a smoke detector on the 1st floor f. Shall a smoke detector on the 2nd floor g. Shall repair the front and back stairway railing that is loose h. Shall repair all damaged screens on the building i. Shall replace all missing screens on the building j. Shall repair holes in the sheetrock in the rear bedroom k. Shall repair or replace or remove the front porch 1. Shall remove the scrub growth all around the property m. Shall. scrape and paint the trim on the house n. Shall. install the railing all the rear deck so the rear deck is in compliance 166 with current code o. Shall repair the siding missing in the rear of the house p. Shall replace the overhead garage door q. Shall replace the door on the shed behind the garage r. Shall repair the wood trim on the shed and paint s. Shall fill in the hole in the rear yard on the south side, by the fence t. Shall repair the wood trim on the shed u. Shall repair the rotten trim around the upstairs front window v. 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 F8430 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 pasting 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 167 RESOLUTION 2007-229 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 Peters Place Apartments (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place 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 November 8, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 3, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted ten violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 8, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 14, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that ten violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- Wlt: a. Shall repair the door on apartment #206 b. Shall repair the broken windows on the building c. Shall repair the door closer on unit #301 d. Shall. replace the missing fire extinguisher, in the basement, south hall e. Shall repair the north basement Fire Door so that it closes and latches under its own power f. Shall repair the rear exit door so as to close and latch under its own power g. Shall repair the white fence in the parking lot that is broken h. Shall repair the laundry tubs that are plugged i. Shall lock all lockers in laundry room or advise tenants to remove all storage from unlocked lockers j. Shall remove all scrub growth on the east and south sides next to the fence S, That all parties, including the License Holder and any occupants or tenants, have 168 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 F8435 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 169 RESOLUTION 2007-230 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 Stephen Peterson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1008-10 Gould 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 October 25, 2007 of an public hearing to be held on November 26, 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 September 17, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 25, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 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 The rental license belonging to the License Holder described herein and identified by license number F8654 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 170 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 171 RESOLUTION 2007-231 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 Mario Gutierrez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 563 38`" 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 November I, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 17, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 1, 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. 3. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 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 F8686 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 172 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 173 RESOLUTION 2007-232 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 Eric Russell (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3 806 Jackson 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 October 11, 2007 of an public hearing to be held on November 26, 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 December 29, 2005 inspectors for the City of Columbia Heights inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 29, 2005 the Fire Department gave the owner a seasonal extension to complete the correction. 3. That on June 6, 2006 inspectors for the City of Columbia Heights performed an inspection at the property and. noted that one violation remained uncorrected. 4. Six more extension were granted to the owner for additional time to complete the corrections at the property. 5. That on October 11, 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. 6. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 7. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shall provide a minimum 9 ft. x 20 ft. hard surface (asphalt or concrete) parking area 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). 174 ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8815 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 175 RESOLUTION 2007-233 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 Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 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 October 29, 2007 of an public hearing to be held on November 26, 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 September 25, 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 October 29, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 4641 -Shall repair the clogged kitchen sink b. 4641 -Shall dry out and clean alUany carpet that is wet c. 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 The rental license belonging to the License Holder described herein and identified by license number F8607 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. 176 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 177 RESOLUTION 2007-234 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 Melissa M. Williams (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4151 Stinson Blvd. 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 October 18, 2007 of an public hearing to be held on November 26, 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 September 10, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted eighteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 18, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted fifteen violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 14, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that ten violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall repair missing or damaged light fixtures in the house b. Shall remove and replace all sheetrock in the basement that is water damaged c. Shall remove all the mold problems in the basement d. Shall repair the damaged shower the in the basement bathroom e. Shall repair the the that is falling off the wall in the basement bathroom f. Shall repair the hole in the wall in the basement batluoom g. Shall install sheetrock under the basement stairway h. Shall repair the front and back stairway railing that is loose i. Shall remove the dead tree (tree stump) in the back yard to below ground level j. Shall reinstall the drain pipe that is falling off 178 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 Cade, 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 F8511 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. All tenants shall remove themselves from the premises within 60 days from the first day ofposting 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 179 CITY COUNCIL LETTER Meeting of November 26, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: November 14, 2007 DATE: NO: 2007-235 to 2007-247 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2007-235 2007-236 2007-237 2007-238 2007-239 2007-240 2007-241 2007-242 2007-243 2007-244 2007-245 2007-246 2007-247 5045 Johnson Street 4448 Quincy Street 4043 Jefferson Sheet 4919-21 Jackson Street 941 45`" Avenue 4618 Fillmore Street 4631-33 Pierce Street 3853 3`d Street 5020 Washington Street 4936 7`" Street 4232 5`" Street 4110 6`" Street 5118 4`" Street 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 2007-235, 2007-236, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241., 2007-242, 2007-243, 2007-244, 2007-245, 2007-246, 2007- 247, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-235, 2007- 236, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241, 2007-242, 2007-243, 2007-244, 2007-245, 2007-246, 2007-247, 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: 180 RESOLUTION 2007-235 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 10, 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 September 4, 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 October 10, 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 regular mail to the owner listed in the property records. 3. That on November 15, 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: A. Shall remove all brush piles from 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 5045 Johnson 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. 181 ORDER OF COUNCIL 1. The property located at 5045 Johnson 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 182 RESOLUTION 2007-236 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Grady K. Gustafson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4448 Quincy Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 4, 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 27, 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 October 4, 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 regular mail to the owner listed in the property records. 3. That on November 15, 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: A. Shall repair the rear stone door that has no screen or glass 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 4448 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 183 ORDER OF COUNCIL 1. The property located at 4448 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Ca11; Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 184 RESOLUTION 2007-237 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nicholas Dawydenko (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4043 Jefferson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October $, 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 fallowing: FINDINGS OF FACT 1. That on September 25, 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 October 8, 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 regular mail to the owner listed in the property records. 3. That on November 15, 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: A. 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 4043 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 185 ORDER OF COUNCIL 1. The properly located at 4043 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 186 RESOLUTION 2007-238 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 Beatriz Martinez-Escobar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4919-21 Jackson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 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 1. That on August 30, 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 October 1.1, 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 regular mail to the owner listed in the property records. 3. That on November 16, 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 repair the fire damaged stucco on the house. Shall repair the fire damaged soffit and fascia B. 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 4919-21 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. 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 187 completed. ORDER OF COUNCIL 1. The property located at 4919-21 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 188 RESOLUTION 2007-239 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 Maria Valdez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 941 45`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 October 18, 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 September 18, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 18, 2007 inspectors re-inspected the property listed. above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on November 14, 2007 inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or replace the deteriorated overhead and service doors on the garage B. Shall remove all areas of scrub growth C. Shall install address numbers in the following location(s): ON THE GARAGE TO BE VISIBLE FROM THE ALLEY D. Shall remove all/any outside storage from the property. E. Shall remove the dead tree (tree stump) in 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 That the property located at 941. 45`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. 189 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 941 45th 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 190 RESOLUTION 2007-240 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 Patricia J. Porter (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4618 Fillmore Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 5, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 22, 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 November 5, 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 regular mail to the owner listed in the property records. 3. That on November 16, 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: A. Shall remove all/any outside storage from the property That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4618 Fillmore 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. 191 ORDER OF COUNCIL 1. The property located at 4618 Fillmore 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 Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 192 RESOLUTION 2007-241 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 Tim Proue (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4631-33 Pierce Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 17, 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 September 14, 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 October 18, 2007 inspectors re-inspected the property listed above. Inspectors noted that eight violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 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 replace the front storm door (4631) B. Shall repair or replace the damaged front storm door C. Shall secure/close the 2nd floor front window that has a blanket hanging out the 2nd floor window D. Shall sod or seed bare areas on the north side E. Shall remove the scrub growth around the house that is six feet high F. Shall make repairs to the cracks in the retaining wall in the back G. Shall remove the scrub growth from along the garage H. Shall remove all/any outside storage from the property 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 4631-33 Pierce Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 193 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 4631-33 Pierce 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 Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 194 RESOLUTION 2007-242 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 awned by Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3853 3`d Street N.E., Columbia Heights, Mirmesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 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: F1NDiNGS OF FACT 1. That on October 22, 2007 the Fire Department was on the scene of the city's abatement at the old Root Equipment property located at 3930 University Avenue N.E. In the course of investigating the south end of the Root Equipment property it was noted that the property located at 3853 3`d Street N.E. had a large number of windows broken out of it and had open doors. The property has been known to be vacant. 2. That on October 22, 2007 the Fire Department sent compliance orders to the registered owners of the property ordering that they secure the openings on the property to prevent unauthorized entry. 3. That on October 26, 2007 the Fire Department noted that house was still open and now had been stripped of all copper piping and wiring inside. The owner of the property was contacted by the Fire Chief and authorized the City of Columbia Heights Public Works Department to perform an immediate abatement on the structure to shut the water service off prior to the structure being boarded up. 4. That on October 29, 2007 the City of Columbia Heights Public Works Department Department shut the water to the house off. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement at 3853 3`d Street N.E. The Public Works Department shut off water service to the property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 3853 3`d 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. 195 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 3853 3`d 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, C1VIC City Clerk 196 RESOLUTION 2007-244 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 Luis Pliego (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4936 7~h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 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 1. That on September 4, 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 October 11, 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 regular mail to the owner listed in the property records. 3. That on November 15, 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 scrub growth from along the foundation of garage and alley B. Shall remove the appliance from. along the alley 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 8.20b(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4936 7~h 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. 197 ORDER OF COUNCIL 1. The property located at 4936 7`h 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 198 RESOLUTION 2007-245 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 Renee Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 29, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 15, 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 October 29, 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 regular mail to the owner listed in the property records. 3 . That on November 16, 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: A. Sha11 remove all/any outside storage from the property 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(8). CONCLUSIONS OF COUNCIL That the property located at 4232 5`" 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. 199 ORDER OF COUNCIL 1. The property located at 4232 5`~' 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 Zoo RESOLUTION 2007-246 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 Luis V. Chiqui (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4110 6`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 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 September 18, 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 November 8, 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 regular mail to the owner listed in the property records. 3. That on November 14, 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: A. Shall sod, seed, or landscape area on south side of driveway 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 4110 6`'' 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. tot ORDER OF COUNCIL 1. The property located at 4110 6`h 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 200'7 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 202 RESOLUTION 2007-247 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James Onstad (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5118 4`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October l 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 September 24, 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 October 11, 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 regular mail to the owner listed in the property records. 3 . That on November 15, 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: A. 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 5118 4`" Sheet 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. 203 ORDER OF COUNCIL 1. The property located at 5118 4`h 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 204